Our terms

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1.  These terms

1. What these terms cover. These are the terms and conditions on which we supply products to you.

2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. 

2.  Information about us and how to contact us

1. Who we are. We are AB Infusions Limited a company registered in England and Wales. Our company registration number is 12770922 and our registered office is at 20 Thomas Wroe Way, Meltham, Holmfirth, England, HD9 5AN. Our registered VAT number is 358889422.

2. How to contact us. You can contact us by emailing Alex and David at the following email addresses alex@abinfusions.com and dave@abinfusions.com; or by telephone on 07917197952 or 07779346138

3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 

4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.  Our contract with you

1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. 

4.  Our products

1. Age Restriction. You must be over the age of 18 to purchase our products. You may be required to show evidence of your age is challenged. 

2. Personal use. All products are purchased for personal use and are not intended for onward sale for commercial gain. Duty paid alcohol sales to businesses may require regulation and approval by HMRC, and where we have concerns about your order, we may question you about your intentions for the products. We may refuse to supply our products to you. 

3. Quantity of purchases. As alcohol sales to businesses require approval by HMRC, we assess the volume of products purchased by our customers. Where 12 or more products are purchased by you, this is deemed a bulk order and we will carry out enhanced checks on your purchase. Where we have concerns about the order we reserve the right to cancel the order. Where concerns continue to persist, we reserve the right to report concerns to HMRC. 

5.  Rights to make changes

1. Your rights to make changes. If you wish to make a change to the product you have ordered please contact us as soon as possible ad we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. 

2. Our rights to make changes. We may change the product: 

(A) ​to reflect changes in relevant laws and regulatory requirements; and 

(B) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.  Providing the products

1. Delivery. During the ordering process we will advise you of the costs of delivery and when we will supply the products to you. Products are delivered through Royal Mail Parcel force. We aim to have your products delivered to you as soon as possible, although delivery is subject to the staff and policies of Royal Mail Parcelforce.

2. We are not responsible for delays outside our control. If there is a delay caused by an event outside our control then we will contact you as soon as possible. Provided we do this we will not be liable for delays. If there is a risk of substantial delay you may contact us to cancel the order or to rearrange.

3. Collection by you. If you have asked to collect the products, you can collect them from our licenced premises based at AB Infusions Limited, Thomas Wroe Way, Meltham, HD9 5AZ during our business hours of 0700 - 2100 Monday to Saturday (excluding public holidays).

4. Delivery. We will deliver to the address provided by you during the ordering process. We may agree to deliver to alternative address, subject to our evaluation of your request. All requests are subject to retail purchasing terms and relevant legislation. 

5. Age. Deliveries can only be delivered to a party over the age of 18. Any deliveries of AB Gold Rum must be signed for and accepted by a person over 18 years of age. Please note that we operation an age challenge policy if we are unsure. 

6. If we deliver and you are not in. If we cannot deliver your products to you, we will try again. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

7. When you own and become responsible for the goods. The products will be yours and your responsibility from the time that you have paid in full and we have delivered to you or you collect them from us.

8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. We will contact you in writing to ask for this information. If you do not provide all information requested within a reasonable time, we may end the contract or apply additional charges of a reasonable sum in compensation for extra work required. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

9. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.  

7.  Rights to end the contract

1. Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below. 

7.1.1 If your goods are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery.

7.1.2 If your goods are for regular delivery over a set period, you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

1. 1. When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of:

      1. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

      2. any products which become mixed inseparably with other items after their delivery.

   2. Our rights to end the contract. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

      1. you do not make any payment to us when it is due and you still do not make payment within 7days of us reminding you that payment is due;

      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

      3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

8.  Your rights in respect of defective products if you are a consumer

1. As a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.  

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.  

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.   

9.  Price and payment

1. Where to find the price for the product. The price of the product (which includes VAT) will be as discussed and advised to you prior to placing an order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see 9.3 for what happens if we discover an error in the price of the product you order. 

2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

3. What happens if we got the price wrong. If the product's price is different to the original price stated to you, we will contact you for your instructions before we accept your order.

4. When you must pay. All orders must be paid for before they are dispatched. All online sales must be accompanied by an address . We accept payment by credit or debit card. 

5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

10.  Damages and Returns

1. Damages. All damages must be notified to Alex and David by email at alex@abinfusions.com or dave@abinfusions.com within 24 hours of delivery.  

2. Returns. Returns must be notified to Alex and David at alex@abinfusions.com or dave@abinfusions.com was soon as possible but in any event within 7 working days of delivery.  Returns are accepted for the following reasons: 

1. If goods are faulty;

2. If a product has been mis-described (subject to an inspection any us); 

3. if there is delay in delivery;

4. If there are changes to the product ordered;

5. If there is an error in pricing or description.

1. 1. Notification. All returns or discrepancies should be notified to us in writing within 7 working days of purchase, and will be subject to our returns inspection policy. Goods must be returned in their original condition, must be unopened, and the duty stamp on the bottle must match the duty stamp recorded against the online purchase. 

   2. Returning the items. All returns notified should then be returned to us unopened to AB Infusions Limited, Thomas Wroe Way, Meltham, HD9 5AZ. 

   3. Time frame. We will process returns or damages as quickly as possible, but this will usually be within 28 days of notification by you. This time frame is subject to any additional information or proof requested by us. We will offer you a replacement product or a refund of the sum paid by you. Any product replacements will be sent to the original address provided to us by you and for the attention of the person notified to us. 

   4. Costs. All returns will be subject to a returns claim, which will be assessed and verified by us. This will be on a case by case basis. You will be liable for the costs of any returns, unless accepted and verified by us.

   5. Refunds. All refunds will be returned in the same way that the order was paid, ie to the debit or credit card used to pay, or by bank transfer. 

10.8 Our Returns policy. All returns are subject to our returns policy which aligns with the AWRS licence documents issued by HMRC. This will include checks for, but not limited to, the following:-

1. 1. Condition of goods returned;

   2. Seals and stoppers still intact; 

   3. No tampering can be identified or that no replacement stoppers or seals have been applied away from the original production items;

   4. Original contents of the bottle are intact and show no evidence of being replaced; 

   5. The returned goods are deemed as in re-saleable condition; 

   6. All product identification marks match the original issue sent to the purchaser. 

11.  Our limits on liability

1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987

2. How we may use your personal information

   1. How we will use your personal information. We will only use your personal information in accordance with your order. All data is stored securely in our systems which is only accessible by our directors, as well as in our secure Quickbooks accounting system. We do not share any data with third parties.

12.  Other important terms

1. Changes. We will do our best to accommodate all retail purchases and make any required changes to orders up to the point of dispatch, once the original order is dispatched any required changes will be subject to additional costs to the purchaser 

2. Challenge Age. We take all efforts to challenge age on the purchase and the delivery of rum spirits in the correct manner. We can’t be held accountable for any persons providing false information at the point of purchase online or at the point of delivery of the product. 

3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.