1. Information about us
We are Atom Supplies Limited, trading as Pour & Sip, a company registered in England and Wales under company number 3193057 having its registered office at Unit 1, Ton Business Park, 2-8 Morley Road, Tonbridge, Kent, TN9 1RA, which is also our main trading address. We are registered for VAT and our VAT number is GB 662241553. We operate the website www.pourandsip.com.
2. These terms
2.1. References in these terms to:
2.1.1. “club” means the membership to the Pour & Sip Club;
2.1.2. “club pack” means each and all of the monthly subscription boxes which are delivered to you;
2.1.3. “dispatch date” refers to a date within the first week of each month when club packs are dispatched;
2.1.4. “you” means the individual purchasing and/or completing purchase of a club membership;
2.1.5. “member(s)” means the individual who is subscribed to the club, which maybe you and/or your gift club membership recipient;
2.1.7. “payment date” refers to the 27th of each month when you will be charged for your club membership;
2.1.8. “site” means the website www.pourandsip.com; and
2.1.9. “us”, “we”, “our” means Atom Supplies Limited.
2.2. These terms will apply to every club member. Please also note that when you use the site and make any orders via the site, other website terms will apply to you. Please read these carefully and make sure that you understand them before you purchase a club membership. By purchasing a club membership and continuing to make orders via the site, you confirm that you have read, understood, and agree to these terms and other website terms.
3. Joining the club and how the contract is formed between you and us3.1. You must be at least 18 years of age to join the club and/or use the site. You must not join the club on behalf of someone else who is under 18 years of age or gift the club to someone who is under 18 years of age or do anything consistent with allowing a person under 18 years of age to benefit from the club.
3.2. In order to join the club, visit the club subscription page here, choose the mode of subscription, add the option to cart, proceed to complete check out and payment.
3.3. Upon completing the purchase of a club subscription, members will receive an automatic notification confirming that the purchase was successful. For the avoidance of doubt, a purchase will only be deemed complete if the payment has been successfully processed. The contract between a member and us is formed when a member receives an email confirming completion of purchase.
4. Club membership
4.1. Club memberships are automatically renewed on a rolling basis at a frequency in accordance with the mode chosen. This does not however affect your right to cancel within the 14 days cooling-off period outlined in paragraph 7 below. More information on how to cancel a club membership generally is in paragraphs 7 - 9 below; and paragraph 11 if the member is a gift club membership recipient.
4.2. If you purchase a gift club membership:
4.2.1 the gift club membership must be redeemed on the site within 3 calendar months of the date of purchase, after which, the gift club membership will expire and cannot be redeemed. It is the sole responsibility of the gift club membership purchaser to ensure that the gift recipient redeems the gift club membership in time and whilst we will act reasonably and in good faith, we will in no circumstances be obligated to issue refunds in respect of any late or unredeemed gift club membership or be compelled to accept any late redemption of gift club membership; and
4.2.2 the club membership will consist of a fixed number of recurring club pack deliveries on a monthly basis.
4.3. Each club membership entitles the member to a delivery of a box of 5 selected 30ml drams of spirit drink delivered to a valid United Kingdom address at a regular interval as chosen and other perks as outlined in paragraph 10 below. The type of spirit drink or relevant selection of club pack available will be as listed on the site from time to time.
4.4. Club members may request a club pack to be skipped or for a pause by logging into the member’s account on the site. For a change to be take effect in an upcoming club pack delivery, the request must be completed prior to the payment date.
4.5. The images on the site are for illustrative purposes only. We make reasonable efforts to display the accurate appearance of each club pack but the club packs may vary from the images shown on the site.
4.6. Club packs may be accompanied by tasting notes. These tasting notes are written by our in-house tasting team. Please note that tasting is entirely subjective and different people will have different experiences of the same product. The tasting notes do not form part of the description of any club pack or the contents of any club pack.
5. Price and payment
5.1. Prices are as quoted on the site at the time of purchase, inclusive of VAT and delivery charges.
5.2. We take all reasonable care to ensure that the prices displayed are correct for each club membership at all material times and use reasonable endeavours to rectify any errors should they arise. We reserve the right to refuse acceptance of an order should there be a pricing error.
5.3. We reserve our right to change the prices to any club membership at any time for whatever reason and in our sole discretion, this will however not affect any purchases already accepted by us.
5.4. By joining the club, members acknowledge and agree that they will have a recurring payment obligation to us. As part of the checkout process, you will be required to provide your payment details using any of the payment methods as listed on the site.
5.5. You will be charged immediately for your 1st club pack on completion of checkout on the site. Thereafter, you will be charged on the payment date each month via the payment method you chose. You accept responsibility for all recurring charges until such time a valid cancellation is processed.
5.6. If you purchase a gift club membership, you will be required to pay immediately at checkout the full amount comprising the full duration of the club membership, and not recurring payments at monthly intervals.
6.1. If a first purchase of the club membership is completed prior to the 19th day of any given month, we will dispatch the 1st club pack to the member within the same month.
6.2. If a first purchase of a club membership is completed on or after the 19th day of any given month, we will dispatch the 1st club pack to the member on a date falling within the first week of each month.
6.3. After delivery of the 1st club pack, each subsequent club pack will be dispatched to members on a date falling within the first week of each month. Members will receive a reminder that a club pack is being delivered prior to dispatch.
6.4. If no one is available at the member’s address to take delivery and no other delivery instructions were given to us at the time of purchase, our carriers will usually leave the parcel in a safe place; or leave the parcel with a neighbour; or leave a note which informs the member that they have attempted delivery. Delivery shall be deemed complete when our carrier delivers that club pack in person to the member; or to someone who was rightfully at the member’s address; or when our carrier delivers the club pack in accordance with one of the methods outlined in this paragraph.
6.5. It is the member’s responsibility to inform us of any special delivery instructions at the time of purchase and keep us informed of any changes to any relevant details and delivery address. Members can do this either by sending us an email at email@example.com (with the account email, delivery postcode, and any other information that we may require in order to process the change) or by logging into the members account on the site and making the relevant changes. Note that any changes made on a payment date or dispatch date of a relevant month may not come into effect until the subsequent month.
6.6. We do not accept any responsibility for delayed or failed delivery of any delivery of any club pack which results from a member’s failure to provide correct information (address, delivery instructions, or otherwise).
6.7. Members own each club pack upon dispatch from our premises. Once delivery is completed, the risk of any damage or loss will be with the member. We will not be liable for any damage, defect or loss which may occur thereafter.
7. Cancellation and refunds within the 14 days cooling-off period
7.1. The cooling-off period means 14 days after your initial purchase of a club membership or 14 days after a member receives their 1st club pack. Within this cooling-off period, you are free to cancel your club membership for whatever reason. All you need to do is let us know either by sending us an email at firstname.lastname@example.org (with your account email, delivery postcode, and any other information that we may require from you in order to process the cancellation) or by logging into your account on the site and making the relevant request.
7.2. If you cancel within the cooling-off period and no club packs have been dispatched to you (or, in the case of gift club membership, to the member), we will issue a full refund to you as soon as possible after the cancellation is being processed.
7.3. If you cancel within the cooling-off period and relevant club packs have been dispatched to you(or, in the case of gift club membership, to the member) :
7.3.1. we will only issue a full refund on the condition that the member returns any relevant club pack to us in good and satisfactory condition at Pour & Sip Returns, Unit 3, Ton Business Park, 2-8 Morley Road, Tonbridge, Kent, TN9 1RA along with any copies of paperwork we require the member to include with the return;
7.3.2. you or the member will be responsible for the cost of returning any relevant club pack to us;
7.3.3. if any relevant club pack returns to us damaged in a way that reduces the value of the club pack, we will only be able to issue a partial refund;
7.3.4. if any club pack is not returned, you may receive only a partial refund.
8. Cancellation and refunds after the cooling-off period
8.1. You can cancel your club membership at any time either by logging into your account on the site and making the relevant request; or sending us an email at email@example.com (with your account email, delivery postcode, and any other information that we may require from you in order to process the cancellation).
8.2. Members who are recipients of a gift club membership will not be able to cancel their club membership, save for in accordance with consumer rights and the 14-day cooling off period.
8.3. For a cancellation to be take effect in an upcoming club pack delivery, the request must be completed prior to the payment date.
9. General cancellation and refunds
9.1. We will only refund you using the same method that you used to make payment.
9.2. For the avoidance of doubt, if you purchase a gift club membership, any refund that may become available will only be issued to you (i.e. the person who made the purchase), instead of the member (i.e. the gift recipient) and no refunds will be available for any gift club membership which are not redeemed within 3 months of the date of purchase.
9.3. If we consider that any member us intending to frustrate or hinder our performance of the contract (or that the member has indeed frustrated or hindered that performance), whilst acting reasonably and in good faith, we may (though are not required to) treat the associating club membership as cancelled and end the contract by giving the member written notice.
9.4. We reserve the right to cancel a club membership, end the contract, refuse to deliver a club pack, and inform law enforcement agencies in circumstances where we consider (acting reasonably but in our absolute discretion) the member is attempting to obtain any product using fraudulent means, to commit any other type of fraud or to otherwise break the law.
10. Other perks
10.1. Members may from time to time, in our sole and absolute discretion:
10.1.1. receive promotional offers to purchase full-sized bottles of alcoholic beverages at a discounted price;
10.1.2. be provided with access to exclusive offers and content; and
10.1.3. receive other perks as updated and made available to member on the site.
11. Summary of key legal rights under the Consumer Rights Act 2015
11.1. 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 ordered, your legal rights entitle you to the following:
11.1.1. up to 30 days: if the product is faulty, then you can get a refund if you return the product to us;
11.1.2. up to six months: if the product is faulty and cannot be replaced, then you’re entitled to a full refund in most cases if you return the product to us; and
11.1.3. up to six years: if the product can be expected to last up to six years but develops a fault before then, you may be entitled to a replacement if you return the product to us or, in circumstances where that is not available, some of your money back.
11.2 This is a basic summary of your key legal rights. These rights are subject to certain exceptions. For detailed and independent advice about your legal rights (in the United Kingdom) please refer to the Citizens Advice website: adviceguide.org.uk.
12.1. We are responsible for any loss or damage which any member suffers and which is a foreseeable result of our breach of these terms or those additional terms or our negligence, if we fail to comply with:
12.1.1. these terms;
12.1.2. any additional terms which become part of the contract under law, like those relating to the quality of any club pack, or the fitness of any club pack for its purpose, which are referred to in the summary of key legal rights above; or
12.1.3. if we act negligently.
12.2. 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 a member and us at the time we entered into the contract.
12.3. We only supply club memberships for domestic and private use. Members agree to not use their membership or any club pack received for any commercial, business or resale purposes. We will have no liability whatsoever to any member or any third party for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4. Some of the club packs will contain warnings about the way in which the contents 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 a result of a member ignoring any product warnings which are reasonably obvious upon an examination of the product.
12.5. We do not in any way exclude or limit our liability for the following but are not responsible for the costs of repairing any pre-existing damage to private property:
12.5.1. death, personal injury or damage to private property above the value of £275 which is caused by a faulty product; or
12.5.1. fraud or fraudulent misrepresentation.
12.6. Members are advised to carefully check all club packs for any defects or discrepancies at the earliest opportunity, and to take prompt action as soon as they become aware of any problem.
12.7. If we require certain information from a member in order to make a successful delivery (for example, detailed address information) we will contact the member to request that information. If the required information is not given to us within a reasonable time of our request; or if incomplete or incorrect information is given, we may end the contract and charge all reasonable compensation for the net costs which we incur. We may deduct that compensation from the amount of any refund due or via the payment method which was used to pay for the club membership. We may make that deduction in more than one payment.
13.1. Changes to these terms: we reserve our rights to amend these terms from time to time for whatever reason, including but not limited to reflect changes in relevant laws and regulatory requirements or to reflect changes in the way that we do business, in our sole discretion. For the avoidance of doubt, the terms in force at the time of completion of purchase of a club membership will be the terms that apply to the contract between each member and us.
13.2. Transfer of rights and obligations: we may transfer our rights and obligations under these terms to another organisation but this will not affect your rights or your obligations under these terms. You may not transfer your rights or your obligations under these terms to another person unless we agree to it in writing.
13.3. Third party rights: the contract formed under these terms is between each member 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.
13.4. Waiver: 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.
13.5. Severability: 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.
13.6. 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 these terms if it is caused by an event outside of our control. Such events outside of our control mean any act or event beyond our reasonable control, including but not limited to, 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.
13.7. Law and jurisdiction: these terms shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
© 2020 Pour & Sip. All rights reserved.