BACKGROUND:

 These Terms and Conditions of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to you, the consumer, through this website, www.folkingtons.com (“Our Site”).  Please read these Terms and Conditions of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms and Conditions of Sale, you will not be able to order Goods through Our Site.  

1.         Definitions and Interpretation 

“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our”  means Metro Drinks Limited, a company registered in England under 3864219, whose registered office and trading address is The Workshop, Endlewick House, Arlington, BN26 6RU, United Kingdom.

2.1.       Our Site, www.folkingtons.com, is operated by Metro Drinks Limited, a limited company registered in England under 3864219, whose registered office and trading address is The Workshop, Endlewick House, Arlington, BN26 6RU, United Kingdom. Our VAT number is GB756722508.

2.2       We are members of The Guild of Fine Foods, The British Chamber of Commerce and The Federation of Small Businesses.

3.1       Access to Our Site is free of charge.

3.2       It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3       Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4       Use of Our Site is subject to our Website Terms of Use www.folkingtons.com.  Please ensure that you have read them carefully and that you understand them.
3.5       No images on our website are to be saved, copied or used without written permission. Selected images used on this site are stock images licensed for our use only, and any re-use by a third party is a violation of these terms.

You may only purchase Goods that are alcoholic (measured by ABV greater than 2%) through Our Site if you are at least 18 years of age.

These Terms of Sale do not apply to customers purchasing Goods in the course of business.  If you are a business customer, please contact our office on orders@metrodrinks.co.uk or call 01323 485602.

Please note that We only deliver to mainland United Kingdom and Isle of Wight

7.1       We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:

7.1.1    Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in lighting conditions;

7.1.2    Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary from time to time.

7.2       Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).

7.3       Where appropriate, you may be required to select the required number of the Goods that you are purchasing.

7.4       We cannot guarantee that Goods will always be available.  Stock indications are not provided on Our Site.

7.5       All prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is reviewed and updated daily.  Changes in price will not affect any order that you have already placed (please note sub-Clause 7.7 regarding VAT, however).

7.6       If the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time you placed your Order.

7.7       All prices on Our Site include VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7.8       Delivery charges are shown separately to the price of Goods displayed on Our Site. Delivery charges and options will be presented to you as part of the order process.

8.1       Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

8.2       If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat your Order as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

8.3       No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

8.4       We will also include a paper copy of your Order with your Goods.

8.5       In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within five working days.

8.6       Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods unless we chose to pay you in a different way, subject to your prior consent.

9.1       Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will be charged once you have placed your Order.

9.2       We accept the following methods of payment on Our Site which are accepted by PayPal from time to time:

9.2.1    PayPal;

9.2.2    Credit card;

9.2.3    Business charge card;

9.2.4    Debit card with Visa or Mastercard Logo.

10.1     All Goods purchased through Our Site will normally be delivered within 14 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).

10.2     We use third party couriers to deliver our Goods. If they are unable to fulfil delivery because access is denied or there is no-one available to receive your Order, their normal practice is to leave a card at the delivery address which will either i) indicate that they will attempt a re-delivery, or ii) ask you to contact them to confirm a date when they can redeliver and you are able to accept delivery, or iii) provide you with an address from which you can collect your Order. In each case, any one of these outcomes will represent full satisfaction of Our obligations to deliver your Order to you and We will have no further liability to you.

10.3     If for any other reason we are unable to deliver the Goods to your chosen delivery address, we will inform you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Order and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.

10.4     In the unlikely event that We fail to deliver the Goods within 14 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Order as being at an end immediately:

10.4.1  We have refused to deliver your Goods; or

10.4.2  In light of all relevant circumstances, about which We have been notified by you in advance in writing, delivery within that time period was essential; or

10.4.3  You told Us when ordering the Goods that delivery within that time period was essential and We have agreed to such by accepting your Order.

10.5     If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Order as being at an end.

11.1     By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at onlineorders@folkingtons.com  as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, or replacement.  Because the Goods are perishable (ie have a finite life) and are for human consumption, Your available remedies are limited as follows:

11.2     Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.

11.3     Refunds under this Clause 11 will be made using the same payment method as set out in clause 8.7.

11.4     For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12.1     We regret that, because the Goods are foodstuffs, we are unable to accept cancellation of an order once they have been presented for delivery to your address and if you refuse your delivery you may not be entitled to a refund. Please note that we will always aim to despatch by the next business day following the day on which your order is received, and delivery can sometimes be within 24 hours of despatch. 

12.2     If you wish to cancel your order, you must inform us in writing before you are notified that we have despatched your order, by emailing us at onlineorders@folkingtons.com. You will need to provide us with your name, address, email address, telephone number, and Order Number.

12.3     Refunds will be made using the same payment method that you used when ordering the Goods and as set out in clause 8.6.

13.1     We only supply goods from this web site for private use by consumers.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

13.2     Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

13.3     Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

14.1     We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.

14.2     If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

14.2.1  We will inform you as soon as is reasonably possible;

14.2.2  We will take all reasonable steps to minimise the delay;

14.2.3  To the extent that we cannot minimise the delay, Our affected obligations under these Terms and Conditions of Sale will be suspended and any time limits that We are bound by will be extended accordingly;

14.2.4  We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

14.2.5  If the event outside of Our control continues for more than 30 days We will cancel your Order and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which your Order is cancelled;

14.2.6  If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel your Order as a result, you may do so by contacting contact Us directly to cancel. By emailing onlineorders@folkingtons.com. You will need to provide Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which your Order is cancelled.

15.1     If you wish to contact Us please email onlineorders@folkingtons.com, or by sending a letter by post to our trading address referred to above.

16.1     We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

16.2     All complaints are handled in accordance with Our complaints handling policy and procedure, available from our trading address referred to above.

16.3     If you wish to complain about any aspect of your dealings with Us, please write to The Managing Director at the trading address referred to above.

17.1     All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).

17.2     For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.folkingtons.com/privacy-policy.

18.1     We may transfer (assign) Our obligations and rights under these Terms and Conditions of Sale (and under the Contract, as applicable) to a third party. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms and Conditions of Sale will be transferred to the third party who will remain bound by them.

18.2     Your Order and our acceptance of it is a contract between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions of Sale.

18.3     If any of the provisions of these Terms and Conditions of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms and Conditions of Sale shall be valid and enforceable.

18.4     No failure or delay by Us in exercising any of Our rights under these Terms and Conditions of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions of Sale means that We will waive any subsequent breach of the same or any other provision.

18.5     We may revise these Terms and Conditions of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.

19.1     Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a consumer and a trader without going to court.

19.2     Our ADR provider is Resolver. If you are unhappy with how We have handled your complaint, you may wish to contact Resolver.

19.3     Complaints can be submitted to Resolver via their website at www.resolver.co.uk.

19.4     Resolver will not charge you for making a complaint, and you may still bring legal proceedings if you are not satisfied with the outcome of the ADR.

20.1     These Terms and Conditions of Sales, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

20.2     If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.

20.3     If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions of Sale, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 

20.4     If you are a business, any disputes concerning these Terms and Conditions of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.