These are the terms of supply for products and/or subscriptions ordered on store.spiritsnetwork.com (Site). The Site is operated by or on behalf of Spirits Network UK Limited (we, us and our). We are a limited company, registered in England and Whales. Our registered company number is 13651599, and our registered office is at 5 New Street Square, London, EC4A 3TW.

Your (1) purchase of any of the products offered on the Site (Products) (2), entry into a subscription offered on the Site (Subscription), or (3) use of the Site, is subject to these terms and by placing an order for any Product, entering into a Subscription or using the Site you agree to be bound by them. You should print a copy of these terms for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy Policy.

We reserve the right to modify these terms. You will be deemed to have accepted such modifications if your continue to use of the Site after having made such changes. These terms were last updated on [date].

In order to use the Site, you must be at least 18 years old. By doing so, you confirm that you meet this requirement. If you are under 18 years old, or the legal drinking age in your jurisdiction, and have accessed our Site by providing a false date of birth, you are in violation of these terms and must immediately stop using the Site.

Retailers and the role of the Site

The Site brings together a range of Products offered for sale by certain third party brand retailers who we feature on the Site ("Retailers") to help users who visit the Site browse, locate and purchase those Products. When you click "add to cart", you can see clearly the name of relevant Retailer by whom that Product is offered for sale. We are not a seller or supplier of any of the Products.

When you purchase any Product, you will buy directly from the relevant Retailer (not from us) through the Site and the contractual relationship in relation to the sale will be only between you and that Retailer. We will not be a party to it. [The relevant Retailer will be responsible for the sale, the delivery and other after-sale care and our role is limited to acting as commercial agent to conclude the sale by accepting your order and collecting your payment on behalf of that Retailer. Our receipt of full payment from you will discharge your debt to the relevant Retailer in respect of that order. Though we may assist with certain practical issues on behalf of the relevant Retailer, we do not have any contractual obligations to you and you do not have any contractual rights against us regarding any Product sold on the Site by any Retailer.

Our Subscription

You may choose to purchase a Subscription. The Subscription will be subject to a contractual relationship between you and us, to which any Retailer will not be a party. However, a Retailer may be responsible for fulfilment of Products supplied via the Subscription.

The Subscription gives you access to Products and digital content on the Site for the period of time selected by you from amongst the available options indicated on Site. At the end of this subscription period, your subscription will automatically renew (unless we are no longer offering the Service, in which case we will notify you) for an equivalent period (and continue to do so), unless you have already cancelled your subscription (see Subscription Cancellation).

You acknowledge and agree that you are solely responsible for all use you make of a Subscription.

Registering With Us

To order any Product or enter into a Subscription, and use the Site, you must first register to set up an account with us by completing the account registration form available on the Site. You only need to register once.

To register, you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms). Please note that additional eligibility criteria may apply to a particular Subscription, where indicated on the Site. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.

To register, you must provide us with accurate and up-to-date information, including name and email address. You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.

Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.

Changes to the Subscription, charges and terms

As it is our policy continually to review and update our Subscription offering, we reserve the right to make changes to the Subscription, charges and/or to these terms from time to time, provided that no such change will affect any order you have already placed with us and we will not, unless you agree, make any changes in respect of the Subscription you have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay.

We will always give you as much notice as we reasonably can of such significant changes on the understanding that you have the option of accepting them or cancelling your Subscription without penalty, in which case, you should notify us that you wish to cancel your Subscription (see Subscription cancellation). If you do not cancel your Subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.

Ordering and Subscriptions

Products may be ordered, or a Subscription entered into, by clicking on the items you wish to purchase, or Subscription you wish to enter into, and then following the prompts that will appear on-screen. You may check and correct any input errors up until the point at which you submit by clicking the ["Buy Now"] ["Pay Now"] ["Order and Pay Now"] ["Order with obligation to pay"] ["Subscribe and pay"] button on the checkout page.

In respect of Products, after placing an order, you will receive an acknowledgment from or on behalf of the relevant Retailer that your order has been received and giving you an order ID number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the relevant Retailer to buy the Product(s) ordered. All orders are subject to acceptance by us on behalf of the relevant Retailer. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the ["Buy Now"] ["Pay Now"] ["Order and Pay Now"] ["Order with obligation to pay"] button, you enter into an obligation to pay for the Product(s). Where your order is accepted, such acceptance will be confirmed by sending you a confirmation that your order has been despatched (Order Confirmation). The contract between you and the relevant Retailer in relation to the Product(s) ordered (Contract) will only be formed when the Order Confirmation is sent to you. After entering into the Contract, the relevant Retailer will be under a legal duty to supply you with goods that are in conformity with the Contract.

The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. The relevant Retailer will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.

From time to time, certain new Products may, where indicated on the relevant Product page, be pre-ordered (i.e. you may place an order before the relevant Product has been generally released and become available on the Site). Where this is the case, the availability date will be shown on the relevant Product page.

In respect of Subscriptions, you acknowledge that by clicking on the ["Subscribe and pay"] button, you enter into a Contract and an obligation to pay for the Subscription.

Delivery

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders.

If you place a pre-order before the availability date shown on the relevant Product page (and it is accepted), the pre-ordered Product(s) will be despatched on the availability date and delivered by the delivery date set out in the Order Confirmation but in any case not later than 10 days after the availability date.

Your order will be delivered to the delivery address within the United Kingdom you specify when placing your order. Deliveries will be made to your door. If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that the relevant Retailer may not be able to deliver there. If that is the case, you will be notified before your order is accepted.

Risk and Ownership

The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

Price and Payment

The price of Products and the Subscription price is as quoted on the Site from time to time.

Prices do not include VAT or delivery costs, which will be added to the total order amount due at check out once you have completed the selections and delivery information in the cart at check-out.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which you have already been sent an Order Confirmation.

The Site contains a large number of Products and it is always possible that, despite best efforts, some of the Products listed on the Site may be incorrectly priced. Prices charged will normally be verified as part of the despatch procedures so that, where a Product's correct price is less than the stated price, you will be charged the lower amount. If a Product’s correct price is higher than the price stated on the Site, the relevant Retailer will either contact you for instructions before despatching the Product, or reject your order in which case you will be notified of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page. Payment can be made by most major credit and debit cards. Your credit or debit card will not be charged for a Product until your order is dispatched. Your credit or debit card will be charged for a Subscription at the point that you subscribe.

You should be aware that online payment transactions are subject to validation checks by your card issuer and the relevant Retailer is not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We and the relevant Retailer are not responsible for this.

If your Subscription renews, charges for each renewal period (at the same level as the preceding subscription period, unless the charges have increased, in which case we will notify you beforehand) will automatically be charged to your account, in advance, on the renewal date (or shortly before or after), unless you have already cancelled your subscription (see Subscription cancellation).

We will endeavour to take payment in respect of all charges to your account from the same credit or debit card that you have previously paid with (unless you have provided details of an alternative card in your name that we should use). You authorise us, on an ongoing basis, to debit that card (or, if relevant, the alternative card) automatically with all charges due and payable by you in relation to the Subscription in accordance with these terms, until that Subscription is cancelled or your account is closed.

If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to the Subscription (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until the account is closed.

From time to time promotions may be run on the Site where discount codes are issued. These can be used in part-payment of the price of Product(s) or a Subscription ordered online, subject to the terms under which they were issued (as indicated in the relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) or Subscription stated. Discount codes cannot be redeemed for cash. 

Consumer Cancellation Rights

You may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you. If you cancel, you will receive a full refund of the price paid for the Product(s) in accordance with the refunds policy (see below).

To cancel a Contract, you must clearly inform the relevant Retailer, preferably:

• • • • by [writing/email/telephone], giving your name, address and order reference; or
      • by completing and submitting our cancellation form available on the Site at [hyperlink to form].

You must also return the Product(s) within 14 days after the day you notify your cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). [Products must be returned to the relevant Retailer.] You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, the relevant Retailer may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.

To return the Product(s) to the relevant Retailer, use [the returns address stated in the Order Confirmation]. You are advised to take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s).

Refunds Policy

If you cancel a Contract for Product(s) between within the 14-day cooling-off period (see above), any refund due to you will be processed as soon as possible and, in any case, within 14 days after the day on which the relevant Retailer receives the Product(s) back or, if earlier, the day on which the relevant Retailer receives evidence that you have returned the Product(s) to the returns address (see above). You will be refunded the price paid in full (subject to any deduction the relevant Retailer is entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, you will not be refunded your cost of returning the Product(s).

If you cancel a Subscription within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after you notify us of cancellation.

If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.

Faulty Products

If any Product you order is damaged when delivered to you, you may have one or more legal remedies available to you, depending on when you make the relevant Retailer aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged, you should inform the relevant Retailer as soon as possible, preferably in writing, giving your name, address and order reference.

Please note that we have no control over any Retailer or the quality of any of the Products or service it provides, we do not give any commitment (whether on our own behalf or on behalf of any Retailer) regarding them, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Retailer.

Subscription Cancellation

You expressly consent to us beginning to start provision of digital content under a Subscription immediately following entry into such Subscription and acknowledge that you will have no right to change your mind and cancel under the Consumer Contracts Regulations once such provision has started.

If you do not wish your Subscription to renew automatically at the end of the then-current subscription period you must notify us (see Contacting us) or alter the subscription renewal settings of your account through the Site in advance of the renewal date. If you do not do this, charges to your account may continue until the end of the following subscription renewal period. It is your responsibility to notify us in advance of renewal changes. 

Subject to your consumer cancellation rights, you cannot cancel your Subscription before the end of the then-current subscription period, unless we make changes, in the circumstances described under Changes to the Service, charges and terms, to which you do not agree.

In this case, you should notify us (see Contacting us) that you wish to cancel your subscription in which case we will give you a pro-rated refund of the advance charges already paid by you, based on the unexpired portion of the then-current subscription period.

Subscription Suspension and Termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of the Subscription and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may, with or without prior notice, terminate any Contract or suspend and/or terminate any Subscription and/or your use of your account in the event that:

• • • • you have breached any of these terms;
      • you fail to pay any correctly billed charges when due; or
      • you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against
      • you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

• • • • issue of a warning to you;
      • immediate, temporary or permanent withdrawal of your right to use the Subscription;
      • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
      • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate. Upon termination of any Contract or Subscription or your account, for any reason (including where, in accordance with these terms, you cancel or do not renew your Subscription):

• • • • all rights granted to you under these terms will immediately cease;
      • you must promptly discontinue all use of the relevant Subscription; and
      • you must pay us all outstanding amounts that you owe us.

Product Information 

We take reasonable steps to copy the item names, descriptions, prices, special offer information, warnings and other details ("Product Information") from the information that is provided to us by the relevant Retailer. However, it is the relevant Retailer that is responsible for providing this Product Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about any Product Information, you should confirm with the relevant Retailer directly before ordering.

Whilst reasonable steps have been taken to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Access to the Site

 It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

Upon registration for an account with us, you will be asked to create login details. You must keep your login details confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your login details to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your login details (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your login details will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

• use the Site to obtain alcohol if you are below the age of 18 (or the legal drinking age in your jurisdiction);
• 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
• except where permitted by law, decompile, reverse engineer, or disassemble any portion of our Site or our digital content on the Site; or
• create links to the Site from any other website, without our prior written consent, except that you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except as otherwise provided by applicable law, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Liability

Nothing in these terms shall limit or exclude any liability to you:

• for death or personal injury caused by negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that, by law, may not be limited or excluded.

Subject to this, if you are a consumer in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from (1) any Product Contract shall not exceed the purchase price of the relevant Product(s), or (2) any Subscription Contract shall not, in respect of any 12-month period (calculated from the date of that Contract), exceed the charges payable by you for the relevant Subscription in that 12-month period, and any liability is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated at the time your order is accepted.

Please remember that the legal contract for the supply and purchase of Products is between you and the relevant Retailer. We have no control over the actions or omissions of any Retailer.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any Contract that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

If we or the relevant Retailer fail to enforce any of our or its rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected. Nothing in these terms affects your legal rights.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract.

These terms shall be governed by English law, except that there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that if you are a consumer and not a business user, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we and it may only do so in your country.

Contacting us

Please submit any questions you have about these terms or ordering or Subscriptions in general by email to customerservice@spiritsnetwork.com or by telephone on 011 1 646 277 4918 between the hours of 9am to 5pm, Monday to Friday US EST.

Spirits Network UK Limited a company registered in England and Wales
5 New Street Square London, UK EC4A 3TW
Registered Company Number: 13651599
VAT Registration Number: GB 396 7587 20

Spirits Network, LLC a limited liability company incorporated in Delaware, USA
235 Park Ave South, 4th Floor, New York, NY 10003

NBTV Channels, LLC a limited liability company incorporated in Delaware, USA DBA as Spirits Network UK Limited and Spirits Network, LLC USA
235 Park Ave South, 4th Floor, New York, NY 10003