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Terms and Conditions

These BLADE Terms and Conditions for companies (B2B) consist of the following sections: 1. General; 2. Terms of Sale; 3. Terms of Use of the Website; and 4. Miscellaneous.

 

1. General

Welcome to our website dedicated to BLADE, available at uk.blade.shop, for businesses in the United Kingdom (“Website”). For the purposes of these Terms 'business' will mean a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or in the business's name or on the business's behalf, and includes a private company, or sole trader or sole practitioner or partnership. The Website is operated by Online Drinks B.V (references to 'our', 'we' or 'us' is to Online Drinks B.V). Online Drinks B.V. is a company registered in the Netherlands under company number 66502063 and with our registered office at Tweede Weteringplantsoen 21 H, 1017 ZD Amsterdam, the Netherlands. VAT number GB 252852108. 

These terms and conditions as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein (the “Terms”) will apply to your use of the Website and to any purchase by you of any of the products listed on the Website (“Products”).

By using this Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you may not use the Website. Please note that before placing a purchase order on the Website you will be asked to agree to these Terms and to register. Please read them carefully before you submit your order. If you do not accept these Terms or agree to registration, you will not be able to order any Products from our Website.

 

2. Terms of sale

 

2.1. OUR PRODUCTS

2.1.1. Our Products can only be ordered if you have registered your details with us and created an account. In accepting these Terms, you agree to provide us with truthful and accurate information about you.

2.1.2. We take reasonable care to ensure that all details, descriptions and prices quoted in respect of any Products on the Website are correct and accurate when the relevant information is entered into the system. While we work hard to keep the Website as up to date as possible, the information on the Website relating to the Products may not be correct at the moment you place your order. We will rectify any such errors as soon as possible from when we become aware of them.

2.1.3 All prices and charges on the Website are in pounds sterling and are exclusive of VAT.

2.2.4. Delivery charges may be added to your order. The amount of delivery charges applicable to your order may vary depending on requested delivery method and order value. Such delivery charges will be clearly displayed in the order process prior to you finalising your order. Information on delivery charges is also available in the FAQ section of the Website. If you do not accept the delivery charges you can end the order process before completing your order. A maximum value of an order may be applicable.

2.1.5. All Products shown on our Website are subject to availability and delivery times are estimates only.

2.1.6. Please note our Website is solely for the promotion of our products in the United Kingdom.

 

2.2. PLACING AN ORDER AND ACCEPTANCE

2.2.1. After registering as a user or logging in as a registered user on the Website, you can create an order by following the onscreen prompts after clicking on the Products you wish to purchase. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

2.2.2. Before placing an order you will be asked to confirm you have read these Terms and will be asked to accept them. If you have any questions regarding these Terms, please Contact Us before placing an order.

2.2.3. Once you are ready to place your order, you can follow the ordering process and submit your order by clicking on ‘Buy’ button on the ‘Order’ page. After you have clicked on ‘Buy’ you are unable to amend your order from this point and will be re-directed to the payment page to process your payment.

2.2.4. After completing the payment process on the payment page, you will receive an e-mail from us acknowledging that we have received your placed order (“Confirmation Message”). The Confirmation Message will include details about your order, including the Products and prices (including delivery charges and taxes), as well as key terms of your order. You should store and/or print this e-mail for your records. If you do not receive a Confirmation Message within one working day of placing your order please Contact Us.

2.2.5. Please note that placement of an order by you on the Website is an offer to buy the relevant Products from us, and is subject to our acceptance. Acceptance of your order, and formation of a contract between you and us, will only take place when you have received a notification that your items have been dispatched. You will only own a Product when we have received payment from you in full.

2.2.6. If we have not received payment from you in full, the Products may be resold provided the proceeds of resale are paid to us to the extent necessary to discharge in full the amount owed by you.

2.2.7. We reserve the right to cancel your order if the Products are unavailable, payment has not been duly received or we did not receive the correct company details for placing or receiving an order.

2.2.8. If your order is cancelled we will notify you as soon as reasonably possible and will refund any amount paid by you for such Products as soon as possible, but ultimately within 14 days of cancellation.

2.2.9. If we are unable to fulfil your order because the Products are unavailable, we will contact you via e-mail or phone to offer a reasonable substitute, or to notify you when we expect such Products to be back in stock. Acceptance of any alternative suggestion is entirely at your discretion and does not affect your right of cancellation.

 

2.3. PRICE AND PAYMENT

2.3.1. The prices for the Products will be the price indicated on the Website order page when you placed your order. The prices listed may change from time to time without notice to you. However, such changes will not apply where we have accepted your order, subject to any inadvertent technical error for which we will not be liable. If we accept and process your order where a pricing error has occurred which is obvious and unmistakeable, we may cancel your order, refund any sums you have paid, and require return of any Products provided to you.

2.3.2. You can only pay for Products using the payment options as indicated on the Website. We do not accept any other method of payment.

2.3.3. All payment orders are processed via a payment service provider. The general conditions of the payment service provider are applicable to any such payment orders.

2.3.4. By using a credit/debit card to pay for your order, you confirm that the card being used is yours.

2.3.5. All cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment to us, we cannot accept your order and will not be liable for any consequent delay or non-delivery.

 

2.4. DELIVERY INFORMATION

2.4.1. Delivery of the Products will only take place within the United Kingdom mainland (including Northern Ireland). Unfortunately we are unable to deliver to the Channel Islands, Kirkwall, Outer Hebrides and Shetland and therefore unable to deliver to the following postcodes GY, KW, HS and ZE.

2.4.2. You may place an order from outside the United Kingdom, however Products must be paid for by a credit or debit card that is registered to a United Kingdom billing address.

2.4.3. The estimated delivery date will be shown in the order process and will be confirmed in the shipping message that also contains or has a link to a Track & Trace code. 

2.4.4. Delivery will be via our third party delivery provider. We are not liable for delayed or incorrect deliveries if caused by circumstances that are outside of our control. If we are unable to meet the estimated delivery date, we will notify you as soon as possible and notify you of a revised delivery time.

2.4.5. Delivery charges may vary depending on promotions or special offers which we may run from time to time. Delivery charges will be in accordance with the terms and conditions of that promotion or offer. Any delivery charges will be clearly displayed to you in the order process prior to you finalising your order, as stated in section 2.1.5.

2.4.6. Orders will be delivered to the address that you specify when placing an order. You may also specify a different recipient for delivery of your order. You acknowledge that any acceptance by you, a nominated recipient, or by anyone else who accepts delivery on your behalf, is evidence of successful delivery having been made, at which point the Products become your responsibility.

2.4.7. The person that accepts the delivery of purchased Products that contains alcohol has to be above legal drinking age. The deliverer can ask for a proof of identity and age and can refuse delivery if no sufficient proof can be provided.

2.4.8. If no one is available to take delivery, our third party delivery provider will leave a note stating that delivery was attempted and will indicate at which location the Products will be stored and can be collected by you. You can also request a second delivery attempt by following the instructions on the note. It is your responsibility to contact our third party delivery provider to arrange a second delivery of the Products. If the Products cannot be delivered after a second attempt or you have been collected your Products within 10 working days after failure of the first delivery attempt, your Products will be returned to us and we will cancel your order and refund to you any amounts paid.

 

2.5. SUBSCRIPTION

2.5.1 You can also order our Products by registering for the keg subscription service (“Subscription”). The Subscription provides for a periodical delivery of a fixed amount of kegs per period.

2.5.2 You can only pay for a Subscription via credit card. By making this first payment of the Subscription you confirm to receive subsequent deliveries which will be paid for by direct debit.

2.5.3 The bank account related to the credit card must have sufficient funds to meet the direct debit, and must not be blocked for the direct debit.

2.5.4 You are responsible for the accuracy of your details and you must at all times give notice of any change to these details via the Website. Any consequences resulting from the presence of incorrect details, such as non-receipt or late receipt of kegs or non-receipt or late receipt of payment reminders, are for your own account and can in no circumstances discharge you from your obligations towards us.

2.5.5 The direct debit is executed on behalf of Online Drinks B.V by Mempay or another company designated by us. The general conditions of the payment service provider are applicable to any such payment orders.

2.5.6 During the term of your Subscription you can amend the details of your contract in accordance with the provisions of 5.1.

2.5.7 You can terminate your Subscription at any time without prior notice. Termination can only take place via the Website, under the heading “My Account”.

2.5.8 If you do not fulfil your payment obligation, we will send you a notice of default per e-mail. If you do not timely remedy your default after receiving such notice, we will pass the matter to a debt collection agency. You subsequently shall be charged with the extrajudicial collection costs amounting to 15% of the amount you owe, subject to a minimum of £40.

2.5.9 Until such time as you have fulfilled your payment obligation, the supplied kegs remain our property, regardless of whether these have already been connected to your Blade® appliance. Further, you are not permitted to supply the kegs to third parties, or to pledge or encumber them with limited rights of any kind whatsoever. If you do not timely fulfill your payment obligation, upon our request you are required to return the kegs unsealed, in their original packaging.

2.5.10 We are entitled to terminate the Subscription at any time, without stating reasons. In that case you will notified by us and receive the remaining kegs for which you have already paid for the relevant period.

 

2.6 RETURNS AND CANCELLATIONS

2.6.1. If you change your mind about the Products, prior to delivery, you can do this by contacting Customer Services at Contact Us, otherwise you can cancel your contract with us by following the process below.

2.6.2. Your right of cancellation starts from the date that we send you the Confirmation Message and expires 30 days from the day on which you are in physical receipt of the ordered Products, or where your order is delivered in multiple packages or in multiple lots, the day on which you receive the last of the packages or last lot (“Cancellation Period”).

2.6.3. To cancel, you just need to let us know. You can do this (for example) by (i) contacting us by phone or e-mail via Contact Us or (ii) to fill out the Cancellation Form and send it to the Blade Customer Hub per e-mail using the details on our Contact Us page. If you use one of these methods, we will send you an e-mail to confirm we have received your cancellation as soon as possible.

2.6.4. Due to the size and weight of the Products we will collect your Products for free once we have received your cancellation and therefore no return shipping costs are incurred by you. Our Blade Customer Hub will contact you to arrange specific timing for our third party pickup service.

2.6.5. Your cancellation will be effective from the date on which you have sent communication to us informing us that you wish to cancel. Please make sure you have provided such communication before the Cancellation Period expires.

2.6.6. If you cancel your contract within the Cancellation Period, we will refund you the price you paid for the Products and any applicable delivery charges paid by you to receive your order.

2.6.7. If any of the Products you have bought are faulty or mis-described you may cancel your contract, or get the Products repaired or replaced. Please Contact Us to find out how to return your faulty or mis-described Product or to arrange a repair or replacement. If the Products are faulty or mis-described and you wish to return these, we will refund the price you paid for the Products and any applicable delivery charges paid by you to receive and return your order.

2.6.8. We will endeavour to make any refunds due to you as soon as possible, but in any event we will make them within 14 days from the day on which we receive the Products back (or if earlier, the day on which you provide evidence that you have sent the Products back to us). We will make any reimbursement using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of such reimbursement.

2.6.9. Any returned Products should be in a fully re-saleable condition, with exception of Products which are faulty. Care should be taken not to damage or mark the Products or packaging, and returned Products should be complete with all accessories and/or parts. For hygiene reasons, we are unable to accept the return of kegs for BLADE, other packaging of beer or other foodstuffs with seals (such as caps or tabs) that have been broken after delivery. We may make a deduction from the reimbursement for any loss in value of any Products supplied to you, if the loss is the result of unnecessary handling or damage by you.

2.6.10. Please note that items purchased on promotion or special offer will be subject to the terms and conditions of that offer and refunded at the offer price, taking into account any discounts applied.

2.6.11. You can also find information of how to cancel and an explanation of how to exercise such rights in the Confirmation Message and on our FAQ page on the Website.

2.6.12. Without prejudice to any other right or remedy available to us, we shall be entitled to cancel your order or suspend any further deliveries to you without any liability to you, and if the Products have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary, in the following events:

(a) your company makes any voluntary arrangement with its creditors or (being an individual or firm) a Petition for its bankruptcy is presented or (being a company) it becomes subject to an application for an administration order or a petition for liquidation is presented (otherwise than for the purposes of amalgamation or reconstruction); or

(b) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of your company; or

(c) your company ceases, or threatens to cease, to carry on business; or

(d) we reasonably believe that any of the events mentioned above is likely to occur in relation to your business and we will notify you accordingly.

 

2.7. PROBLEMS

2.7.1. For general enquiries, if you are having problems with your Product, or you think there may be a fault, please Contact Us to find out how to return your Product.

 

2.8. PRODUCT WARRANTY

2.8.1. Any beer dispensing appliances we sell to you come with a guarantee from its manufacturer WIK Elektro-Hausgeräte Vertriebs GmbH & Co. Prod. KG. For details of the applicable terms and conditions, please refer to the guarantee provided by such manufacturer in respect of the relevant appliance. If any beer dispensing appliance sold to you develops a defect while under guarantee, or you have any other issue with the Product, you should Contact Us in the first instance.

2.8.2. For other Products, we warrant that they comply with the specifications mentioned with respect to such Products on the Website, are of satisfactory quality and comply with all applicable laws.

2.8.3. We disclaim any and all other warranties, whether express or implied in relation to the Products, to the fullest extent permitted by law. Any warranty or guarantee given under these Terms does not affect your legal rights for faulty or mis-described goods.

2.8.4. Any guarantee or warranty given under this section does not apply to defects in Products which have arisen as a result of fair wear and tear, wilful damage, accident or negligence by you, or any third party, failure to use the Product in accordance with our instructions, or alternation or repair carried out on the Product by you without our prior approval.

2.8.5. It is your responsibility to ensure Products are stored in a safe and appropriate manner. Kegs for BLADE must be stored in a dry place and must not be exposed to direct sunlight or rain, or stored at temperatures below freezing, or outside or in an open environment.

 

3. TERMS OF USE OF THE WEBSITE

 

3.1. PRIVACY AND COOKIE POLICY

3.1.1. We collect and process the personal data of visitors of the Website and of persons that enter into a contract with us. We also use several cookies on our Website. Our Privacy Policy and Cookie Policy, applies to the use of the Website and form an integral part of these Terms.

 

3.2. INTELLECTUAL PROPERTY RIGHTS

3.2.1. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the HEINEKEN Company (Heineken N.V. and its affiliates and subsidiaries), its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

3.2.2 You can use the Website only for purposes in line with these Terms and none of the material listed in section 3.2.1 above may be reproduced, copied, redistributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.

3.2.3 You must not use any part of the content on our Website for other purposes without obtaining a license from us or from the other rights holders.

 

3.3. DISCLAIMER

3.3.1. In spite of the continuous care and attention to the content of the Website, we cannot guarantee the completeness and correctness of our Website. We shall not be liable for any damages resulting from the use (or inability to make use) of this Website, including any incorrectness or incompleteness of information placed on the Website. We will only be responsible for any losses that you suffer as a result of our breach and to the extent that they are a foreseeable consequence to both of us at the time you placed the relevant order. Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our breach of contract, tort, fraud or negligence, or for any liability to you where it would be unlawful to do so.

3.3.2. We cannot guarantee that the Website will function faultless and without any interruptions. We shall not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

3.3.3. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

3.3.4. Other than as set out elsewhere in these Terms, our maximum liability arising out of any order for the supply of Products to you shall be limited to an amount equal to the price paid for the Products in respect of the relevant order.

 

4. MISCELLANEOUS

 

4.1. CONTACT INFORMATION

4.1.1. We are Online Drinks B.V., a company registered in the Netherlands under company number 66502063 and with our registered office at Tweede Weteringplantsoen 21 H, 1017 ZD Amsterdam, the Netherlands. VAT number GB 252852108. To contact us, please see our Contact Us page.

4.1.2. You may not transfer any of your rights under these Terms. We may transfer any of our rights or obligations under the Terms or a contract with you to any one of our group companies from time to time.

4.1.3. We are under a legal duty to supply the Products to you in accordance with the contract formed by our acceptance of your order pursuant to these Terms.

 

4.2 .CHANGES TO THESE TERMS AND CONDITIONS

4.2.1. We advise you to print a copy of these Terms or to save them on your computer for future reference. Please note that we may amend these Terms from time to time. Therefore, every time you use the Website or wish to order any Products, please read and check these Terms before accepting to ensure you are aware of the conditions that apply at that time. We will try and give you reasonable notice of any major changes.

4.2.2. 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.

 

4.3. GOVERNING LAW AND JURISDICTION

4.3.1. These Terms and any contract entered into shall be governed and construed in accordance with laws of England and Wales and you can bring legal proceedings in respect of the Products in the English and Welsh courts. If you are not a business, and you live in Scotland, you can bring legal proceedings in respect of the Products in the Scottish or English courts. If you are not a business, and you live in Northern Ireland, you can bring legal proceedings in respect of the Products in the Northern Irish or English courts.

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