Terms and Conditions

1. All and any business undertaken by Musgrave Distribution Ltd trading as Drinks Inc. (hereinafter called “The Company”) is transacted subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement between the Company and its customers. No agent, representative or employee of the Company, save only a Managing Director in writing, has the authority to alter or vary these conditions. These conditions govern the terms of purchase of goods by you, “the Customer” and terms of use of the Site.
   
   
2. For the purposes of these conditions’ “goods” shall mean all products supplied by the Company and where these products are supplied in bottles, cases or other containers by the Company the term “goods” shall be deemed to include such bottles, cases and other containers.
   
   
3. Price and Payment
1. The “Price” shall be the Company’s price ruling at the earlier of (a) Delivery or (b) the date of assembly of the Customer’s Order at the Seller’s premises. The Price is exclusive of VAT which shall be due by the Customer at the rate ruling on the date of the Company’s VAT invoice.
2. Payment of the Price and VAT shall be due within the credit period notified to the Customer by the Company from time to time in writing or in default thereof on Delivery. Time for payment shall be of the essence.
3. Once a customer has defaulted on payment all monies become due.
4. The Company shall be entitled to charge a fee upon default payment of cheque, direct debit or credit card.
5. Notwithstanding any other provision of these conditions, the Company may at its discretion require payment from the Customer at any time before or after delivery.
6. Without prejudice to any of the other remedies of the Company, if the Customer fails to make full payment in accordance with the terms set out in these conditions the Company shall be entitled to repossess the goods and shall also be entitled to recover from the Customer the full costs of repossessing the goods including all legal and other expenses.
7. If the Customer fails to make any payment to the Company on the due date then without prejudice to the Customer’s other remedies the Company may appropriate any payment made by the Customer to such of the goods as the Company may in its absolute discretion think fit.
8. Where ordering goods in accordance with this clause 3, a credit check will be carried out on any customer when placing their first order with one or more licensed credit reference agencies, which will retain a record of that search. In the event of a customer account going into default, relevant details may be recorded with an agency. This information will be used by other lenders in assessing applications for credit by that customer and any connected persons, and for occasional debt tracing and fraud prevention purposes. By placing an order each customer consents to the Company obtaining and using data or information concerning the customer as set out in this clause.
   
   Where goods are being purchased online through the Drinks Inc. website Clause 12 of the below website conditions applies.
   
4. Risk of loss or damage to the goods shall pass to the customer from the time the goods are off-loaded or discharged by the company’s employees or agents at the place of delivery appointed by the Customer.
   
   
5. The Company reserves the right, without further notice, to charge interest on any account not paid pursuant to the terms agreed: such interest shall be calculated at the rate of 4% above the Bank of England base lending rate for the time being in force, on a day to day basis. The company also reserves the right to charge interest pursuant to The Late Payment of Commercial Debts (Interest) Act 1998 and The Late Payments of Commercial Debt Regulations 2002 and any subsequent amendments or statutory enactments thereof.
   
   
6. (a) Notwithstanding delivery and the passing of risk, the property of the goods shall remain in the Company until the Customer has paid all monies owed to the Company under this or any other contract or otherwise. For Under Bond transactions goods will remain the property of the Company until monies are paid in full and the delivery and receipt of goods has been verified by an authorised registered warehouse. (b) Until such payment is made the Customer possesses all goods and materials the property in which is vested in the Company by virtue of this clause on a fiduciary basis only and if the Company so requires, the Customer shall store such goods and materials at no cost to the Company so that they are clearly identified as belonging to the company. If payment is overdue the Company may (without prejudice to any of its rights and remedies) recover and resell any or all of such goods and materials and may enter upon the customers premises for that purpose.
   
   
7. Without prejudice to conditions 4 or 6 hereof, the Customer agrees to indemnify the company against any loss or damage howsoever caused to the goods in his possession the ownership of which remains or is deemed to remain with the Company.
   
   
8. The Company will endeavour to deliver the goods on time but the Company accepts no liability for any loss, damage or consequential loss in respect of the late delivery of goods.
   
   
9. All price lists are subject to alterations without notice and the Company reserves the right to invoice at prices ruling at the date of despatch irrespective of the late delivery of the goods.
   
   
10. Deliveries will only be made to persons or bodies authorised by law to sell or provide intoxicating liquor.
    
    
11. The Company shall not in any circumstances be liable for any goods damaged or considered defective unless such damage or defect in goods is reported by notice in writing to the Company and carriers, if any concerned within two days of receipt of goods by the Customer. In the event of non-delivery of the goods in whole or in part, the Company shall not be liable unless notice in writing of such non-delivery reaches the Company within two days of the date of issue of the invoice relating to the goods.
    
    
12. Descriptive matter published by the Company relevant to goods offered for sale does not form part of any contract of sales for the same.
    
    
13. The Company will not be bound by any clerical or arithmetical error occurring in any delivery document, invoice or statement of account issued by it.
    
    
14. The Company does not recognise any terms and conditions of contract supplied by the Customer, unless specifically acknowledged and agreed in writing by a director. Execution of, compliance with, or implementation of orders does not imply acceptance of the Customers terms and conditions.
    
    
15. By placing an order with the Company the Customer thereby confirms that they hold all necessary licences, consents and authorisations (including but not limited to a valid and subsisting liquor licence in accordance with the Licensing (NI) Order 1996) as necessary for the carrying on of the Customer’s business from time to time and for the purchasing of goods from the Company. The Customer agrees to indemnify the Company against all claims, losses and damage suffered or incurred by the Company arising out of or in connection with the Customer’s failure to comply with this clause 15.

Website Policies

1. When you access this website (“Site”) or content or services (“Content”), available via the Site you acknowledge that you have read and agreed to abide by the terms described below and you are deemed to have entered into an agreement with The Company. The Site is owned and operated by The Company.
   
   
2. Intellectual Property Protection
   The term “Intellectual Property Rights” means copyrights, database rights, trademarks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
   
   All Intellectual Property Rights in the Content and design of the Site and any material emailed to you or otherwise supplied to you in conjunction with our online service or products are the property of the Company or a third party. You may not use or reproduce any Intellectual Property from this site, including any trademarks, registered or unregistered, for any reason without written permission from the relevant party.
   
   
3. Copyrights

   The copyrights of the Content are owned by the Company or the original creator of the material. You are free to view, copy, print, and distribute material from this site, as long as:

1. The material is used for information only.
2. The material is used for non-commercial purposes only.
3. Copies of any material include the appropriate Company copyright notice.
   

4. Trademarks
   The trademarks, logos and service marks (“Marks”) displayed on this website are the property of the Company or other third parties. Users are not permitted to use these Marks without the prior written consent of the Company or such third party which may own the Mark.
   
   

5. Changes to the Site and Terms
   The Company reserves the right to suspend, change, modify, add or remove portions of Content available on the Site at any time and to restrict the use and accessibility of the Site. The Company also reserves the right to modify these terms and conditions at any time, it is the responsibility of you as the customer to regularly check these terms for updates, by posting the updated terms on the website the Company shall be deemed to have given you sufficient notice of any changes to these terms and conditions.
   
   

6. No Warranty, Disclaimer of Liability and Indemnity
   Whilst every effort has been made to ensure the high quality and accuracy of the Site, the Company makes no warranty, express or implied concerning the Content of the Site, which is provided “as is”. The Company expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality. In no event will the Company, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Content, even if the Company has been advised of the possibility that such damages may arise.
   

   The company does not guarantee the accuracy or timeliness of the Content appearing on the Site, or that the Site or related systems are free from viruses or other contaminating or destructive properties.

   The Content appearing on the Site is checked for accuracy, but we recommend that you make enquiries and if necessary take legal advice before entering into any transactions.

   All Content displayed on the Site is for information purposes only and should not be construed as an endorsement or recommendation of any third-party supplier, product or service.
   
   

7. Service Availability
   The Company will try to ensure continuous availability of the Site, and all the Content of the Site, but accepts no responsibility for the consequences of interruptions or delays, whatever the cause.
   
   

8. Links to Third Party Websites
   The Site may contain links to internet sites maintained by third parties. The Company accepts no responsibility for the privacy practices or content of other such sites. You assume sole responsibility for use of third-party links. The Company provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
   
   

9. Transmission of Personal Data/User Communications
   Any personal information or feedback you provide via this Site cannot be guaranteed against interception by a third party while in transit over the public internet, but will be governed by our Privacy Statement once received.
   
   

10. Advertising and Third-Party Content
    Parts of the Site may contain advertising or other third-party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. The Company is not responsible for any third-party content or error, omission or inaccuracy in any advertising material.
    
    

11. Linking to our Site
    You may link to our home page, provided you do so in a way that is legal and which does not damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other site, nor should you establish a link to any part of our Site other than the home page, without our prior permission.
    
    

12. Shopping Online
    Prices on the site are specific to the Company and you will pay the same when placing an order through the Site as you would when ordering in accordance with clause 3 of these Terms. Payment will be taken on delivery using the card details you provide using our checkout platform on the Site, payment processing is carried out by Stripe, see Stripe Terms and Conditions for more details.
    
    Please be aware that while we will try to meet all orders placed through the Site, we reserve the right to refuse to accept any order at any time. Whilst we endeavour to ensure that all products listed for sale on the Site are kept in stock, there may be instances where goods you have ordered are out of stock, should an item you have ordered be out of stock the Company will, when possible, contact you by email to offer a substitute item. If the substitute item is accepted you will be charged for the price of the substitute item rather than the item originally ordered, if you instruct us not to provide a substitute, you will not be charged for the out of stock goods and if these are the only items on your order your order will be cancelled.
    
    No contract will exist between you and the Company until the goods are delivered and signed for by you (or your authorised representative) to the satisfaction of the Company, Your order is an offer to buy from the Company and nothing we do or say will constitute an acceptance of that offer until we actually deliver the goods to you. At any time up to then we may decline to supply you with any products without giving any reason. All deliveries are at the sole discretion of the Company and any order can be refused at its discretion.
    
    
13. Governing Law and Jurisdiction
    These Terms shall be governed by, and construed in accordance with, Irish law. The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Irish courts.