Spencer Collings & Company
Terms of Business and Privacy Policy
The Customer's attention is in particular drawn to the provisions of clauses 3, 7 and 9
1. Interpretation
1.1 Act: the Data Protection Act 1998. The definitions and rules of interpretation in this condition apply in these conditions.
| Customer: | the person, firm or company who purchases the Goods from the Seller. | |
| Delivery Point: | the place or places where delivery of the Goods is to take place under condition 4 below | |
| Goods: | goods agreed in the Order to be supplied to the Customer by the Seller including any services provided to personalise the products as requested by the Customer | |
| Order: | means a request from a Customer for the sale and purchase of Goods and incorporating these conditions | |
| Regulations: | means the Consumer Protection (Distance Selling Regulations) 2000 (SI 2000/2334) (as amended) | |
| Seller: | Michael G S Collings trading as Spencer Collings & Company of 1 Lumley Street, Mayfair, London W1K 6TT | |
| Working Day: | means any day between Monday and Friday inclusive which is not a bank or other public holiday in Scotland |
1.2 A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular, a reference to one gender includes a reference to the other gender and condition headings do not affect the interpretation of these conditions.
2. Orders
2.1 The Order shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase Order, confirmation of Order, specification or other document). The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Order. All samples, drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Order and this is not a sale by sample. Nothing in this condition shall exclude or limit the Seller's liability for fraudulent misrepresentation.
2.2 No more than three bottles of 'Imperial Tribute' can be included as part of any one Order. The quantity and description of the Goods shall be as set out in the Seller's acknowledgement of Order.
2.3 An Order shall be deemed to have been accepted by the Seller on the date when an acknowledgement of Order is issued by the Seller to the Customer by e-mail or post. A contract shall be deemed to have been concluded between the Customer and the Seller on the day after the date on which the Seller issues the acknowledgment of an Order.
2.4 Notwithstanding clause 2.3 above, acceptance of an Order by the Seller does not imply acceptance of the wording of any request for personalisation of Goods. In the event the Seller in his reasonable opinion believes the contents of a Customer's request for personalistion is likely to cause offence, be defamatory or otherwise expose the Seller to censure or legal proceedings the Seller reserves the right to request the Customer to amend or modify the request for personalisation. If the Customer refuses to comply with any such request, the Seller reserves the right to reject the Order and rescind the contract.
2.5 For legal and other reasons the Seller is unable to accept Orders from Customers or to supply Goods if the Delivery Point is to be in one or more of the following countries:
Albania, Algeria, Angola, Azerbaijan Republic, Benin, Bosnia & Herzegovina, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Central African Republic, Comoros, Congo, Cote d'Ivoire, Djibouti, Eritrea, Egypt, Equatorial Guinea, Ethiopia, Gabon Republic, Gambia, Guinea, Guinea Bissau, Indonesia, Kyrgyzstan, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Oman, Republic of Congo (Zaire), Reunion, Rwanda, Sao Tome & Principe, Senegal, Sierra Leone, Somalia, Sudan, Swaziland, Tajikistan, Togo, Tunisia, Turkmenistan, Uganda, Yemen, Zambia, Zanzibar, Zimbabwe.
3 IMPORTANT - information about the right to cancel
As the Goods are clearly personalised to the Customer's own specification and are not capable of re-sale by the Seller, the Customer agrees and understand that it has no right to cancel the Order under the Regulations. This does not affect any other rights the Customer may have at law.
4. Dispatch, Delivery, Non-delivery and Return of Faulty or Damaged Goods
4.1 Goods will not be dispatched to the Customer until the Seller has received payment in full for all sums due to it in respect of the Goods and all other sums which are or which become due to the Seller from the Customer on any account.
4.2 Upon payment by the Customer the Seller would aim to dispatch the order within five Working Days. Any dates specified by the Seller for delivery of the Goods are intended to be an estimate only and time for delivery shall not be made of the essence by notice. The quantity of any consignment of Goods as recorded by the Seller on dispatch shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
4.3 The Goods will be delivered to the address or addresses notified by the Customer to the Seller in the Order. No more than three Delivery Points may be specified in any one Order. The Seller will only deliver Goods to a Delivery Point within the European Union.
4.4 Subject to the other provisions of these conditions the Seller shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods, nor shall any delay entitle the Customer to terminate or rescind the Order.
4.5 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or the Seller is unable to deliver the Goods on time or at all because the Customer has not provided appropriate instructions or delivery is otherwise prevented or delayed by matters outside of the Seller's control:
(a) risk in the Goods shall pass to the Customer;
(b) the Goods shall be deemed to have been delivered; and
(c) the Seller may, at his sole discretion agree to store the Goods until delivery can be attempted again, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.6 Any liability of the Seller for non-delivery of the Goods shall be limited to, at the Seller's option, replacing the Goods within a reasonable time or issuing a credit note to the Customer against any invoice raised for such Goods.
4.7 If the Goods delivered are damaged or faulty please notify the Seller by e-mail or by post as soon as possible. The Seller will then issue the Customer with instructions on how to return the Goods to the Seller. The Goods must be returned to the Seller in their original packaging and bottles must be unopened. Failure to follow the Seller's instructions or other provisions in this clause 4.7 could result in the Customer being liable to make payment in full for the Goods.
5. Risk and ownership
5.1 The Goods are at the risk of the Customer and ownership shall pass to the Customer from the time of delivery to the Delivery Point (subject to clause 4.5 above).
5.2 Where the Customer returns Goods to the Seller the Goods are at the risk of the Customer from the time the Customer gives the Goods to the carrier nominated by the Seller or as otherwise set out in the Seller's instructions.
6. Price and Payment
6.1 The Seller reserves the right to amend his advertised prices from time to time without prior notice to the Customer but any change in price will not affect any Order placed before the price change becomes effective. Payment for the price for the Goods is due in pounds sterling when the Customer places an Order with the Seller.
6.2 The total price payable for the Goods shall be the price set out in the Order and includes delivery costs and UK taxation (including Value Added Tax).
6.3 Please note that the Customer may be liable to pay excise fees or customs' duties in the jurisdiction of the Delivery Point where the Order exceeds any local limits placed on the value or proportion of alcohol imported. These charges are not included within the price and are extra costs which the Customer will be liable to pay. It is the Customer's responsibility to check this before ordering and if in doubt, the Customer is advised to contact relevant customs office for the Delivery Point.
6.4 Payment can be made online using Visa, MasterCard, Maestro/Switch, Solo, Delta, Visa Electron or through a PayPal account.
7. Limitation of liability, complaints and returns
7.1 Nothing in these conditions excludes or limits the liability of the Seller for any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability but the Seller will have no liability to the Customer where:
(a) a Customer fails to comply with clause 2.4; or
(b) Goods are returned to the Seller otherwise than in accordance with clause 4.7; or
(c) in the event of a request for personalisation of a product, the personalised product contains any typographical or spelling error except where the error was due to the part of the Seller;
(d) the Customer fails to pay any sums which may become payable under clause 6.3.
7.2 The Seller's total liability to the Customer arising in connection with the performance or contemplated performance of the Order shall be limited to replacement of the Goods or refund the price of such Goods but in no event shall the Seller's liability exceed the Order price.
8. Force Majeure
The Seller reserves the right to defer the date of delivery or to cancel the Order or reduce the volume of the Goods ordered by the Customer (without liability to the Seller) if he is prevented from or delayed in the carrying on of his business due to circumstances beyond his reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, power shortages, server down-time, computer virus or other matter affecting electronic communication, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
9. Customer warranties
9.1 The Seller sells Goods which contain alcohol and the sale of alcohol is restricted in many countries. By placing any Order for Goods the Customer warrants to the Seller that by supplying the Goods to the Customer the Seller will not infringe any law applicable to the sale or supply of alcohol in the country where the Customer lives or the Delivery Point. The Customer must not place an Order with the Seller if to do so would cause the Seller to break the law. The Customer agrees to indemnify and hold harmless the Seller against any fines, damages, penalties legal cost or charges incurred by the Seller in the event of any breach by the Customer of this clause.
9.2 The Customer warrants that all the information provided to the Seller is complete, accurate and not misleading.
10. Privacy policy
10.1 This clause sets out the basis on which any personal data the Seller collected from a Customer or provided to the Seller will be processed by the Seller. For the purpose of the Act, the data controller is Michael G S Collings.
10.2 The Seller may collect and process the data about the Customer relating to information provided by filling in forms on the Seller's site (www.imperialtribute.com), correspondence with the Customer, surveys that the Seller uses for research purposes, (although the Customer does not have to respond to them), details of transactions carried out through site and of the fulfillment of orders together with details of visits to the Seller's site and other communication data, whether this is required for the Seller's own billing purposes or otherwise. The Seller will not provide information to any third party unless in accordance with clause 10.7 below.
10.3 The Seller may collect information about the Customer's computer, including where available its IP address, operating system and browser type, for system administration and to report aggregate information to the Seller's advertisers. This is statistical data about users' browsing actions and patterns, and does not identify any individual. For the same reason, the Seller may obtain information about the Customer's general internet usage by using a cookie file which is stored on the hard drive of the computer. Cookies contain information that is transferred to the computer's hard drive. The Customer may refuse to accept cookies by activating the setting on its browser which allows the computer to refuse the setting of cookies. However, if the Customer selects this setting the Customer may be unable to access certain parts of the Seller's site. Unless the Customer has adjusted browser settings so that cookies will be refused, the Seller's system will issue cookies when the Customer logs on to the Seller's site. Please note that the Seller's advertisers may also use cookies, over which the Seller has no control.
10.4 All information the Customer provides to the Seller is stored on secure servers. Any payment transactions will be encrypted. Unfortunately, the transmission of information via the internet is not completely secure. Although the Seller will do his best to protect a Customer's personal data, the Seller cannot guarantee the security of data transmitted to his site; any transmission is at the Customer's own risk. Once the Seller has received the Customer's information, the Seller will use strict procedures and security features to try to prevent unauthorised access.
10.5 The Seller will use information held about a Customer to ensure that content from his site is presented in the most effective manner for Customers, to provide Customers with information, products or services that a Customer may request from the Seller where the Customer has consented to be contacted for such purposes. Information will also be used to carry out our obligations arising from any Orders and to notify Customers about changes to the Seller's service.
10.6 Subject to clause 10.8 below, the Seller may also use a Customer's data to provide a Customer with information about goods and services which may be of interest to the Customer where the Customer has consented to be contacted for such purposes.
10.7 The Seller may disclose personal data if under a duty to disclose or share the same in order to comply with any legal obligation, or in order to enforce or apply the Seller's terms and conditions of supply or to protect the rights, property, or safety of the Seller, his customers, or others. This includes exchanging information with other organisations for the purposes of fraud protection and credit risk reduction.
10.8 Customers have the right to ask the Seller not to process personal data for marketing purposes. The Seller will usually inform the Customer (before collecting data) if the Seller intends to use data for such purposes or if the Seller intends to disclose information to any third party for such purposes. A Customer can exercise the right to prevent such processing by checking certain boxes on the order forms. The Customer can also exercise the right at any time by contacting the Seller.
10.9 The Seller's site may, from time to time, contain links to and from sites of partner networks, advertisers and affiliates. If a Customer follows a link to any of these sites, please note that these sites have their own privacy policies and that the Seller does not accept any responsibility or liability for these policies. A Customer is advised to check these policies before you submit any personal data to these the sites.
10.10 The Act gives a Customer the right to access information held about the Customer. The right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet the Seller's costs in providing the Customer with details of the information the Seller holds about the Customer.
10.11 Any changes the Seller may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to the Customer by e-mail.
11. General
11.1 If any provision of this agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of this agreement and the remainder of such provision shall continue in full force and effect.
11.2 Failure or delay by the Seller in enforcing or partially enforcing any provision of this agreement shall not be construed as a waiver of any of his rights under this agreement.
11.3 The parties to this agreement do not intend that any term of this agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.4 The formation, existence, construction, performance, validity and all aspects of this agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
11.5 All communications between the parties about the Order or this agreement shall be in writing and delivered by post or e-mail:
(a) (in case of communications to the Seller) to mgscollings@spencercollings.com or 1 Lumley Street, Mayfair, London, W1K 6TT;
(b) (in the case of the communications to the Customer) to the address of the Customer set out in any document which forms part of the Order or such other address as shall be notified to the Seller by the Customer.
11.6 Communications shall be deemed to have been received if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting). Communications sent by e-mail shall be deemed to have been received at the timed point of receipt by the relevant party's computer and if outside of the Seller's hours of business of 9.00 a.m. to 5.00 p.m. during a Working Day, at 9.00 a.m. on the following working day.