Terms and Conditions
Read these Terms carefully and make sure that you understand them before you place an order for any Product. Please note you will be asked to agree to these Terms . If you refuse to accept these Terms, you will not be able to order any Product. Every time you wish to order a Product, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on 8th Feb 2022. A summary of your key legal rights as a consumer in relation to the Product is set out in the box below. The paragraph below includes information about changes to Products which may be made from time to time.
Summary of your key legal rights
The Consumer Rights Act 2015 requires that any Product which you order from us must be as described, that it must be fit for purpose and that it must be of satisfactory quality. During the expected life of a Product which you order your legal rights entitle you to the following:
• up to 30 days: if your Product is faulty, then you can get a refund if you return the Product to us;
This is a basic summary of your key legal rights. These rights are subject to certain exceptions. For detailed, independent advice about your legal rights (in the United Kingdom) please refer to the Citizens Advice website: adviceguide.org.uk.
Consumer Terms of Business
Information about us
Contacting us: Goosefootgin@gmail.com; Oakbank Goose Foot Lane Samlesbury Preston PR4 0RQ, Lancashire, UK. To cancel a Contract in accordance with your legal right to do so as set out in below (for example, if a Product is faulty, or if you simply change your mind), you just need to let us know that you have decided to cancel. up to three days prior to delivery , bespoke gin cancellation up to 48 hours after order receipt. Whatever method of cancellation you use: (a) please include your name and details of your order to help us to identify it; (b) please explain why you would like to cancel the Contract; (c) we will contact you to confirm we have received your cancellation; and (d) your cancellation will be effective from the date you send us notice of cancellation. If you wish to contact us for any other reason, including because you have a complaint, you can contact using our email address. If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
The Products and their packaging
• The images of each Product on our website are for illustration purposes only. Although we have made reasonable efforts to display the appearance of each Product accurately, we cannot guarantee that your computer’s display will accurately reflect the appearance of that Product. The Product which we deliver to you may vary slightly from the images you have seen. The product will be delivered in in a box for safe delivery. • Any tasting notes are written by ourselves, however spirit drink tasting is entirely subjective and different people will have a different experience of the same product. The tasting notes do not form part of the description of any Product. • Each bespoke product will vary due to the nature and individuality of the botanicals and the hand crafted processes. All sizes, weights, capacities, dimensions and measurement have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006), and varies from Product to Product and from one size, weight, capacity, dimension or measurement to the next. • We may change a Product from time to time to reflect changes in applicable laws and regulatory requirements (which may include changes to Product labels to include nutritional information or changes to Product packaging in order to comply with packaging waste requirements, for example). We may also change a Product in order to implement minor technical adjustments and improvements. We do not anticipate that these changes will materially affect your use or enjoyment of the Product.
Age restrictions
In the UK it is illegal for: • Any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18; and • An adult to buy (or to attempt to buy) alcohol for any person under the age of 18. You may only purchase an alcoholic Product from us if you are: • At least 18 years old; • Not buying that Product for any person or persons under the age of 18; and • Of legal age to purchase alcohol in the UK. • By placing an order to purchase a Product, you promise to us that it is lawful for you to order the relevant Product. If you breach this promise we may end the Contract and charge you reasonable compensation for the net costs which we incur. We may deduct the compensation payment from the bank account which you used to pay for the Product. We may make that deduction from that bank account in more than one payment.
How the Contract is formed between you and us
• The order form will guide you through the steps you need to take in order to place an order with us using our website. Please take the time to read and check your order at each stage of the order process. • We do not accept any responsibility for delayed or failed delivery of a Product which results from your failure to provide correct address information. If a Product is returned to us because you fail to provide correct address information, we reserve the right to require that you pay additional postage costs (administration fees, if applicable) before we re-deliver the Product. • After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
Products being handcrafted
• If you order a Product which is handcrafted, the product will have a 2 week lead time due to the unique production process. The despatch date will be confirmed on receipt of the order and confirmation of payment we will seek to dispatch that Product to you on or before the expected date of dispatch, but an Event Outside Our Control may delay that dispatch. • We will take payment for the Product as soon as you place an order, but we will not pay you any interest in respect of the period between the date on which you place an order and the date on which we confirm our acceptance of your order. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products which you have ordered have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. The Dispatch Confirmation will be sent by Goose Foot Gin directly via email. • You must cancel that order within 48hours after confirmation of order, as after this time your product will be being processed. If you choose to cancel your order within the 48hrs we will refund you the full amount. We will also provide a full refund if later we discover that we are unable to supply you with that Product, for example because that Product/a particular botanical is no longer available/is being resourced due to this we cannot meet your requested delivery date.
Other Products
• If you order a Product which is considered a stock item, we will confirm our acceptance of your order by sending you an e-mail that confirms that the Products which you have ordered have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. The Dispatch Confirmation will be sent by Goose Foot Gin directly via email. If: • We are unable to supply you with a Product, for example because that Product is not in stock or no longer available, because we cannot meet your requested delivery date We elect in our discretion, on the basis of fair use, the discovery of an error or otherwise, to refuse to process your order, we will not send you a Dispatch Confirmation but will inform you promptly and will not process your order. If you have already paid for the Product which you have ordered, we will refund you the full amount (including any delivery costs charged) promptly.
Our right to vary these Terms • We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and why. • Every time you order a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us. We may revise these Terms as they apply to your order from time to time to reflect the following circumstances: • Changes in relevant laws and regulatory requirements; and • Changes in the way that we do business.
Your right of return and refund If you change your mind
You have a legal right to cancel any Contract during the period set out below. This means that if, during the relevant period, you change your mind, you can cancel the Contract and receive a refund. Be aware that your right to cancel a Contract if you change your mind does not apply in the case of a Product which is sealed for health protection purposes which you unseal after you receive it. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we contact you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below: Your Contract End of the cancellation period Your Contract is for a single Product or for multiple Products which are dispatched in a single box The end date is the end of 14 days after the day on which you receive the Product(s).For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product(s) on 10 January you may cancel at any time between 1 January and the end of the day on 24 January. Your Contract is for multiple Products which are delivered on separate days The end date is 14 days after the day on which you receive the last to be delivered of the Products ordered. For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the last Product on 15 January you may cancel in respect of any (or all) of the Products at any time between 1 January and the end of the day on 29 January. You can let us know that you have decided to cancel a Contract by emailing gossefootgin@gmail.com within the 48hr period from order acceptance, whereby a cancellation form will be emailed by return, please complete and submit the cancellation form, upon receipt and acknowledgement/agreement you will be refunded Our dispatch confirmation will include a link to the cancellation form. Whatever method of cancellation you use: • please include your name and details of your order to help us to identify it; • we will contact you to confirm we have received your cancellation; and • your cancellation will be effective from the date you send us notice of cancellation. Except as set out below, if you cancel your Contract because you have changed your mind we will: • refund you the price you paid for the Product; • refund any postage and packaging costs which you paid in connection with the delivery of the Product to you. However, please note that we are permitted by law to refund only the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we are required to only refund what you would have paid for the cheapest delivery option; and • make any refunds due to you as soon as you have let us know that you have decided to cancel your Contract. However, please note that: any refund which we make will be on the condition that you return the Product to us and that we do actually receive the Product back from you; and if the Product is actually received by us: (a) we will reduce (potentially to £zero) the value of that part of your refund which relates to the cost of the Product (but not the part of the refund which relates to postage and packaging costs) to reflect any reduction in the value of the Product, if this has been caused by your handling it in a way which would not be permitted in a shop (for example, if you unseal a Product which is sealed for health protection purposes); and (b) we will reduce (potentially to £zero) the value of that part of your refund which relates to the cost of the Product (but not the part of the refund which relates to postage and packaging costs) to reflect any reduction in the value of the Product which results from damage to the Product which occurs when it is being returned to us. If we make a refund to you and later discover that you have not returned the Product to us, or that you have handled it in an unacceptable way or that it has been damaged by you or by your carrier when it is being returned to us, you must pay us an appropriate amount. We will calculate that amount, acting reasonably, and will deduct it from the bank account which you used to pay for the Product. We may make the required deduction from your bank account in more than one payment. Further information about how to return a Product is set out below. You will be responsible for the cost of returning the Product to us. Whilst we are under no obligation to do so, if we have offered to collect the Product from you and you have accepted that offer, we will charge you the direct cost to us of collection. If a Product is faulty, not as described, if we have delivered the wrong Product, you have a legal right to reject that Product. If you wish to reject a Product you must let us know that you are rejecting the Product and return that Product to the address set out in .We will refund the price of the Product in full and the delivery charges which you actually paid to have the Product delivered to you and any reasonable costs you incur in returning the Product to us. Returns and refunds generally • We will refund you using the same method which you used to pay. • You must return a Product to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send the Product back to us at: Goose Foot Gin Oakbank Goose Foot Lane, Samlesbury Preston PR5 0RQ • Please include a copy of the order paperwork which you receive from us, or at least a note of the order number, when you return the Product to allow us to identify your order. • Remember that you do not have the right to cancel a Contract in the circumstances set out. Contract if you change your mind does not apply in the case of a Product which is sealed for health protection purposes which you unseal after you receive it. • As you are a consumer (that is to say that you enter this contract otherwise than in the course of your trade or business), we are under a legal duty to supply a Product that is in conformity with this Contract. As a consumer, you have legal rights in relation to a Product that is faulty or not as described.. • Advice about your legal rights is available (in the United Kingdom) from the Citizens Advice website: adviceguide.org.uk Delivery The costs of delivery will be detailed at order request. We will give you an estimated delivery date with the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. If no one is available at your address to take delivery and you give us no other instructions at the time of placing your order, our carriers will usually: • leave your parcel in a safe place; • leave your parcel with a neighbour; or • leave you a note which informs you that they have attempted to deliver the Product (if this happens, please contact the carrier to re-arrange delivery). If you have any specific delivery instructions, you should give them when you place your order for a Product Delivery of an order shall be completed when: our carrier delivers the Product using one of the methods referred to above or in accordance with your specific instructions (when you have given them); or you (or someone else on your behalf) collect(s) the Product from us, and the Product will be your responsibility from that time. If you are informed about a failed delivery attempt but do not re-arrange delivery of a Product or collect that Product from the carrier’s depot we (or the carrier) will contact you for further instructions and we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and charge you reasonable compensation for the net costs which we incur. We may deduct that compensation from the bank account which you used to pay for the Product. We may make that deduction from that bank account in more than one payment. You own the Products once we have received payment in full, including all applicable delivery charges, If we agree a delivery deadline with you in respect of any Product and we miss that deadline, then you may cancel your order if either of the following apply: • we have refused to deliver the Product; or • you told us before we accepted your order that delivery within the delivery deadline was essential, and your cancellation of the order must be communicated to us without delay. We may reject an order if you set a delivery deadline which we will not be able to meet. If you do not wish to cancel your order immediately, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline. If you have the right to cancel your order for late delivery, you can do so for just one Product or, if you have ordered more than one Product, all of the Products which are the subject of your order. If the Product has been delivered to you, you will have to return it to us, and we will pay the costs of this. Price of a Product and delivery charges The price of each Product which you order will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the price of each Product is correct at all times. The price for each Product will change from time to time, but changes will not affect any order you have already placed. The price of a Product does not include delivery charges. Our delivery charges are explained to you during the check-out process, before you confirm your order. How to pay • You can pay for a Product using any of the payment methods listed at the payment stage of the checkout process. • Payment for the Product and all applicable delivery charges is in advance. We reserve the right to end the Contract immediately if payment using the card details which you provide fails. • To help to ensure that your credit or debit card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency (which may keep a record of that information). This is done only to confirm your identity. A credit check is not performed and your credit rating will be unaffected. All information provided by you will be treated securely and in accordance with the terms of our Privacy Policy, Our liability to you and your liability to us If we fail to comply with: • these Terms; or • any additional terms which become part of the Contract under law, like those relating to the quality of the Product, or the fitness of the Product for its purpose, which are referred to in the summary of your key legal rights above; or • we act negligently, • we are responsible for any loss or damage which you suffer and which is a foreseeable result of our breach of these Terms or those additional terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We only supply a Product for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Some of the Products contain warnings about the way in which they are to be used, and by whom they are to be used. We are not responsible for any loss or damage which is caused as result of you ignoring any Product warnings which are reasonably obvious upon an examination of the Product. We do not in any way exclude or limit our liability for: • death, personal injury or damage to private property above the value of £275 which is caused by a faulty Product; or • fraud or fraudulent misrepresentation. However, we are not responsible for the costs of repairing any pre-existing damage to private property. You are advised to carefully check a Product for any defects or discrepancies at the earliest opportunity, and to take prompt action as soon as you become aware of any problem. If we require certain information from you in order to deliver a Product to you (for example, detailed address information or personalised Product label information) we will contact you to request that information. If you do not give us this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may end the Contract and charge you reasonable compensation for the net costs which we incur. We may deduct that compensation from the bank account which you used to pay for the Product. We may make that deduction from that bank account in more than one payment. You may also be required to pay us compensation in the circumstances set out…. Events Outside Our Control We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control as defined. An Event Outside Our Control means any act or event beyond our reasonable control, including (without limitation) failure or breach of contract by a carrier or other sub-contractor, strikes or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an Event Outside Our Control that affects the performance of our obligations under a Contract takes place: • we will contact you as soon as reasonably possible to notify you; • we will take steps to minimise the effect of that Event Outside Our Control; and • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. • You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any Product you have already received and we will refund the price you have paid, including any delivery charges. • References in this paragraph to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of the Contract. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance of the Contract (or that you have frustrated or hindered that performance), we may (though are not required to) treat the order as cancelled, end the Contract and notify you in writing. We reserve the right to cancel an order, end a Contract, refuse to deliver a Product and inform law enforcement agencies in circumstances where we consider (acting in our absolute discretion) that you are attempting to obtain a Product using fraudulent means, to commit any other type of fraud or to otherwise break the law. Other important terms • We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. • This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of these Terms by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach of these Terms by you. • These Terms are governed by English law. This means that a Contract for the purchase of a Product and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. • If you have a complaint which we are unable to resolve between ourselves, you may refer your complaint to The Retail Ombudsman, a United Kingdom government-approved, free-to-consumers service which seeks to resolve disagreements between traders and consumers in respect of goods purchased online. More information regarding The Retail Ombudsman can be found on its website: www.theretailombudsman.org.uk.