TERMS AND CONDITIONS

1. To create an order, you must be at least 18 years old. This action also registers you for a Thirsty Friends Wine Club customer account, termed “My Wines” on our website.
2. During account setup, you will need to provide a primary contact number, email address, and a default delivery address.
3. It is crucial that all information you provide, including your delivery address and any specific instructions is accurate and complete.
4.  Any changes to your details must be promptly communicated to us. You can update your information via your account on our website or by contacting our team. If changes relate to a pending order or delivery, notify us before the order deadline.
5. You are responsible for all activities on your account, including placing, modifying, or cancelling orders using your password. Safeguard your login credentials, ensuring that only you know your email address and password. Restrict access to your computer to prevent unauthorised account use. If you suspect a security breach, contact us immediately and update your password via your account.
6. We retain the right to suspend or terminate your account at our discretion.
7. The personal information provided during account creation is governed by our Privacy Policy, which you should review carefully.

1. You can place orders for products through our Site. Each order you place constitutes an offer to purchase products at the specified price, including delivery charges and taxes.
2. You may order products in two ways: a single One-Off Purchase or a Subscription as described on the Site.
3. You can modify or cancel your order before the specified deadline, detailed in our FAQ page, applicable to both one-off and subscription orders. Once the deadline passes, your order will proceed to processing, and payment will be taken.
4. We reserve the right to accept or reject orders at our discretion. We will notify you promptly if we reject your order.
5. Each accepted One-Off Purchase order forms a separate agreement between you and us under the Terms for the supply of products.
6. After you order and your payment is confirmed, we will provide you with order details, including an order number, delivery status, billing address, and a description of the items purchased.
7. By placing an order, you confirm that you are at least 18 years old, as required by law for the sale of alcohol. It is your responsibility to consume alcohol responsibly and in compliance with the law. Age verification may be required at delivery.
8. We may adjust product prices from time to time, with notice provided whenever possible.
9. While we strive for accuracy in product descriptions, pictures, prices, and information, we do not accept liability for any inaccuracies, errors, or omissions.
10. Our products are subject to availability, as many are sourced from independent wine merchants or producers.
11. Our main product is a monthly mixed case of wine, priced per case. Each case includes 6 x 75cl bottles of wine. The exact contents may vary each month, but the price published is for the entire case.
12. All product prices include applicable VAT.

1. All payments are processed securely through Stripe. Please ensure your payment details are accurate and up to date to avoid issues with orders and subscriptions.
2. You must provide valid credit or debit card information to Thirsty Friends. Update your payment details through your account on our website or by contacting customer service. Do not share payment card details via email.
3. Payments for one-off orders are immediate. Subscription orders are billed on the subscription start date and subsequently on the 14th of each month.
4. Payments for one-off and subscription orders are processed after relevant order deadlines. For recurring subscriptions, payments are processed after each order is processed within our system.
5. We use a recurring transaction mandate for subscriptions, ensuring seamless payments without needing payment details for each delivery. Subscription payments are based on a flat rate determined at processing.
6. Your payment information is securely stored, encrypted, and processed by a PCI-compliant third-party provider. Thirsty Friends staff and third parties cannot access these details.
7. We reserve the right to suspend or cancel orders if payment authority is refused by your card issuer or if a bank rejects a payment. Contact us to arrange payment before placing another order.
8. All amounts are in Pounds Sterling and inclusive of VAT and duty where applicable.
9. Payments must be made lawfully. By using debit or credit cards, you confirm authorisation. We may contact your card issuer for security checks.
10. Payments made for the Price and/or Subscription Fee are non-refundable and non-cancellable once processed, as permitted by law.

1. All purchases made through the Site are subject to product availability. We reserve the right to cancel any order we have previously accepted for reasons including significant delay in dispatching your order, inability to supply the products due to events beyond our control, or errors on our Site (such as incorrect descriptions, prices, or images). If we cancel your order, we will contact you using the details provided during your purchase.
2. You have the option to suspend your subscription for up to 12 months at any time. To do so, you must notify us in writing or update your account before your next Billing Day. Suspending your subscription before this day will prevent any charges from occurring.
3. You can cancel your Subscription and terminate these Terms by notifying us in writing or updating your account on the Site. To ensure cancellation without being charged on the next Billing Day, you must notify us before this day. If you cancel following a Billing Day, your Subscription will end after the current billing cycle.
4. Once the order deadline has passed, we’re unable to cancel your order or issue refunds. Cancellations will apply to subsequent orders. A reminder email will be sent 48 hours before your order deadline.
5. We reserve the right to immediately suspend, terminate, or restrict your access to the Site and terminate these Terms if you breach the Terms, including failure to pay the Subscription Fee, and the breach remains unresolved for 5 business days after we notify you of the issue.

1. Products will be delivered to the address specified during order placement, servicing the UK. Should delivery not be feasible, you will be promptly notified. Delivery costs are outlined on our site.
2. For one-off purchases, products are typically dispatched within 3 business days, unless otherwise specified and depending on availability. Subscriptions are dispatched during the final week of each month, provided the subscription was set up before the cutoff date. Estimated delivery times on the site are approximate and based on information from our delivery partners.
3. If you need to change the delivery date or address, please notify us promptly in writing. Address changes after your Billing Day will affect future deliveries. Various delivery methods may be utilised, and for certain deliveries, a signature may be required. If you or your authorised representative isn’t available, products may be left at your premises, with limited liability.
4. The title to the products remains with us until full payment of the Price or Subscription Fee for that billing cycle, as outlined in the Terms. Risk transfers to you upon delivery to the address specified in your order.
5. Your statutory rights regarding faulty products are unaffected by these Terms. Refunds, when applicable, will be issued using the original payment method.

1. All intellectual property, including copyrights and trademarks, that is developed, adapted, modified, or created by us or our personnel (related to the Terms, any site content, and our branded products) (OUR INTELLECTUAL PROPERTY) will always belong to us.
2. In exchange for the Subscription Fee, we grant you a non-exclusive, non-transferable (except with our written permission), non-sublicensable, personal, and revocable licence to access and use Our Intellectual Property solely for your own personal, non-commercial purposes as intended.
3. Without our prior written consent, you must not:
   • Use Our Intellectual Property for commercial purposes, such as advertising your business, reselling, or any revenue-generating activities;
   • Copy or use any part of Our Intellectual Property;
   • Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of Our Intellectual Property to third parties;
   • Breach any intellectual property rights related to the Site or products, including altering or modifying Our Intellectual Property, framing or embedding it in another website, or creating derivative works from it.

1. You may be allowed to post, create, upload, publicise, or submit content such as reviews, comments, pictures, and videos on your account (USER CONTENT). All User Content must comply with the Terms. Please keep discussions relevant to the Site and its products. We reserve the right to remove any reviews or comments that violate these terms, including those that:
   • defame, harass, threaten, or harm any person;
   • use obscene or foul language;
   • include links to inappropriate, offensive, or illegal material;
   • display intolerance towards a person’s race, culture, appearance, gender, sexual preference, religion, or age; and
   • interfere with another user.
2. We are not responsible for user conduct on our Site. You agree that participating on the Site, including submitting User Content, is at your own risk. We may remove any User Content at any time at our discretion.
3. By posting User Content on our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use, view, copy, adapt, modify, distribute, licence, transfer, display, perform, transmit, stream, broadcast, access, or exploit the User Content.
4. You are solely responsible for all User Content you make available on our Site. You represent and warrant that:
   1. you own all User Content or have the necessary rights, licences, consents, and releases to grant us the rights to use the User Content as described in these Terms; and
   2. the User Content and its posting, uploading, publication, or transmission will not infringe on any third party’s intellectual property rights, rights of publicity or privacy, or violate any laws or regulations.

1. You must use the Site only as permitted by these Terms and avoid any actions that could invalidate or conflict with our intellectual property rights. Specifically, you must not:
   • Resell, assign, transfer, distribute, or provide others with access to the Site.
   • Use the Site to transmit, publish, or communicate material that is defamatory, offensive, abusive, indecent, menacing, or unwanted.
   • Use the Site in a way that damages, interferes with, or disrupts its supply.
   • Introduce malicious programs, such as viruses, worms, trojan horses, or email bombs, into our systems.
   • Share your account password or allow others to use your account.
   • Use the Site to carry out security breaches or network disruptions, such as unauthorised access to data or servers, data corruption, network sniffing, ping floods, packet spoofing, denial of service attacks, or forging routing information for malicious purposes.
   • Use any program, script, or command to interfere with or disable any person’s use of the Site or its training resources.
   • Send unsolicited messages or harass others via email or other messaging forms, in violation of the Spam Act 2003 (Cth), or breach anyone’s privacy, such as through identity theft or phishing.
   • Use the Site to bypass user authentication or security measures of any networks, accounts, or hosts, including those of your customers or suppliers.

1. To the fullest extent allowed by law:
   1. Neither Party is responsible for any Consequential Loss.
   2. Our total liability related to the Terms, including products or their subject matter, is limited to resupplying the products to you.
   3. To the fullest extent allowed by law, we are not liable, and you release us from any liability, for:
      • Loss or damage to the products, or any injury or loss to any person.
      • Delays or failures in providing the products.
      • Breaches of the Terms or any law caused by:

1. We collect personal information to enable your access to and use of the Site, customise your Subscription based on preferences, communicate with you, respond to inquiries, and for other purposes outlined in our Privacy Policy.
2. We may share your information with third-party service providers (e.g., IT services, data storage, web-hosting, server providers, professional advisors, payment system operators, and business partners) or as legally required. Without this information, we might not be able to offer our products. In some cases, your information may be disclosed to third parties outside the UK.
3. Our Privacy Policy provides details on how we store and use your information, how you can access and correct it, how to make privacy-related complaints and our complaint-handling process.
4. By providing us with your personal information, you consent to its collection, use, and disclosure as per our Privacy Policy.

1. 1. DISPUTES: Before starting any court proceedings related to these Terms, both Parties must first attempt to resolve the dispute in good faith by meeting with a senior representative of the other Party. If unresolved, the Parties will engage a mediator and share the mediation costs equally. This clause does not prevent a Party from seeking urgent court relief.
   2. NOTICES: Any notice under these Terms must be in writing and sent to the addresses provided. Notices can be sent by standard post or email, with post deemed served after 48 hours and email upon transmission.
   3. WAIVER: Delay or failure by a party to exercise any right under these Terms does not waive that right. Any waiver must be in writing.
   4. RELATIONSHIP OF PARTIES: These Terms do not create a partnership, joint venture, or agency relationship between the Parties.
   5. PHOTOGRAPHS: By providing us with product photographs via email, your account page, or social media tags, you consent to us using these images and associated details (like your name and location) for marketing purposes on our Site and social media.
   6. SEVERANCE: If any provision of these Terms is invalid or unenforceable, it will be modified to the extent necessary to make it valid. If it cannot be modified, it will be severed without affecting the validity of the remaining provisions.
   7. ASSIGNMENT: You cannot assign your rights or obligations under these Terms without our prior written consent.
   8. AMENDMENT: We may change these Terms with 30 days’ written notice. If you have a Subscription and disagree with the changes, you can cancel your Subscription per the ‘Cancellation’ clause. For One-Off Purchases, review the Terms before ordering, as the Terms at the time of your order will apply.
   9. GOVERNING LAW: These Terms are governed by the laws of England, and both Parties submit to the exclusive jurisdiction of the courts in England. If accessing the Site from outside the UK, you must comply with local laws.
   10. FORCE MAJEURE: Neither Party is liable for delays or failures to perform their obligations due to Force Majeure Events, provided they notify the other Party in writing as soon as possible and take reasonable steps to minimise the impact.
   11. THIRD PARTY SITES: Our Site may link to third-party websites. We do not control or endorse these sites and recommend you verify their suitability. If you purchase from these sites, the transaction is between you and the third party, not us.

1. CONSEQUENTIAL LOSS means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, any of the following:
   1. Any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act, or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act, or omission.
   2. Any real or anticipated loss of:
      • Profit
      • Benefit
      • Revenue
      • Business
      • Goodwill
      • Opportunity
      • Savings
      • Reputation
      • Use
      • Data, including loss or corruption of data
   3. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
2.  FORCE MAJEURE EVENT means any event or circumstance which is beyond a Party’s reasonable control.

FOR ANY QUESTIONS AND NOTICES, PLEASE CONTACT US AT:
hello@thirstyfriendswibne.club

LAST UPDATE: 15 July 2024