Terms and Conditions

This page (together with the full terms and conditions documentation informs you the terms of use on which you may make use of this website and any other online or digital platforms (not limited to Mobile and other applications, such as Facebook apps) which we maintain. Our terms and conditions should be read carefully before you start to use our website Site. This Site is for the personal use, of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the sale, advertising and consumption of alcoholic beverages is lawful. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. Please exit our Site immediately if you do not accept these terms of use.
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I. General Understanding 1.1 In these Conditions: ‘Client’ means the company, individual or entity who accepts a quotation of the Company for the provision of the Services or whose order for the Services is accepted by the Company; ‘Company’ means Pick N Mix Cocktails Limited  (registered in England & Wales under number 13915528); ‘Conditions’ means the standard terms and conditions of sale set out in this document as amended from time to time in accordance with clause 2.4 and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Client and the Company; ‘Contract’ means the contract for the provision of the Services in accordance with these Conditions; ‘Output Material’ goods prepared or supplied by the Company solely as part of the Services and for provision to the Client; ‘Services’ means the provision of production of traditional or bespoke cocktails or the provision of drinks, training, or event hire and any other services which the Company undertakes to perform for the Client under the Contract 1.2       Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.  1.3  This Site is for the personal use, of persons who are lawfully permitted     to purchase and consume alcoholic beverages, in countries and other territories where the sale, advertising and consumption of alcoholic beverages is lawful. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. 1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation. 1.4 Any reference to ‘and/or’ means either or both of the alternatives as the case may be. 1.5 A reference to a party includes its personal representatives, successors or permitted assigns    1.6       SOCIAL RESPONSIBILITY  As part of our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS (https://www.distilledspirits.org) – the Distilled Spirits Council for the United States and spirits, EUROPE (https://spirits.eu/) – the European representative body for producers of spirit drinks.  2. Basis of the sale 2.1 The Company shall provide, and Client shall pay for, the Services in accordance with any written quotation or tender of the Company which is accepted by the Client or any written order of the Client which is accepted by the Company (each being an ‘Order’) subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.2 All quotations given by the Company are valid for 60 days from the date of the quotation. 2.3 Any Order submitted by the Client shall be deemed to be accepted by the Company only when confirmed in writing by the Company’s authorised representative at which date the Contract shall come into existence. 2.4 No variation to these Conditions shall be binding unless agreed in writing between an authorised representative of the Client and the Company. 2.5 The Contract constitutes the entire agreement between the Client and the Company. The Client acknowledges that it has not relied on any statement, promise, representation, or assurance made or given by or on behalf of the Company which is not set out in the Contract. For the avoidance of doubt, the Company’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by the Company in writing. 2.6 Any samples descriptive matter or advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, brochures or website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force. 2.7 Any clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.  3. Orders and specifications 3.1 The Client shall be responsible to the Company for ensuring the completeness and accuracy of the terms of any Order (including any applicable specification) submitted by the Client, and for giving the Company any necessary information relating to the Services within a sufficient time to enable the Company to perform the Contract in accordance with its terms. 3.2 The Client shall provide the Supplier, its employees or agents and subcontractors, with access to the Client’s premises and other welfare facilities as reasonably required by the Company. 3.3 The Company reserves the right to make any changes in the specification of the Services which are required to conform with any applicable safety, regulatory or legal requirements. 3.4 No Order which has been accepted by the Company may be cancelled by the Client except with the agreement in writing of the Company and on condition that the Client shall indemnify the Company in full against all loss (including, without limitation, loss of profit), costs (including, without limitation, the cost of all labour and materials used), damages, charges and expenses incurred by the Company as the result of cancellation. 3.5 Dates for performance are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond the Company’s reasonable control. 3.6 The Client shall have no right to reject Services and shall have no right to rescind for late performance unless the due date for performance has passed and the Client has served on the Company a written notice requiring the Contract to be performed and giving the Company not less than 14 days in which to do so and the notice has not been complied with.  4. Accuracy 4.1 The Client is responsible for checking the quotation and details of the order. 4.2 Any orders provided by the Company are based on information supplied by the Client and evidence known at the time to the Company. 4.3 The Client shall supply all necessary information relating to specific requirements, allergies, special needs, or any information that is required to provide a safe and professional service and product or form an integral part of any of the Services.   5. Remuneration for Services 5.1 The fee for the Services (‘Fee’) and instalments in which the Fee is to be paid shall be in accordance with the Order. 5.2 The Fee may be varied by the Company by giving notice to the Client at any time before commencement of the Services to increase the Fee to reflect any increase in the cost to the Company of providing the Services which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture) or any delay caused by any instructions of the Client or failure of the Client to give the Company adequate information or instructions. The Client may cancel without liability any Contract in relation to which the Fee is to be increased and in relation to which the Services have not been commenced at the increased Fee provided that the notice of cancellation is received by the Company within 14 days of notification of the increase by the Company. 5.4 The Client shall pay an additional fee calculated at the applicable hourly rates specified in the Order or if no such hourly rate was specified at such rate as is fair and reasonable if the Company undertakes additional Services at the request of the Client or due to any design changes requested by the Client or due to other circumstances beyond the Company’s reasonable control.  6. Terms of payment 6.1 Subject to any specific terms agreed in writing between the Client and the Company, the Company shall be entitled to invoice the Client for the Fee on or at any time after commencement of the Services. Payment is due on delivery of the Company’s invoice. 6.2 The Company shall be entitled to invoice each stage of the Services separately. 6.3 The Client shall pay the Company’s invoice within 30 days after the date of the invoice, and this is the final date for payment. The time for payment shall be of the essence of the Contract. Receipts for payment will be issued upon request. 6.4 Payment shall not be deemed to be made until the Company has received either cash or cleared funds in respect of the full amount outstanding. 6.5 The Client shall pay all sums due to the Company under the Contract without any set off, deduction, counterclaim and/or any other withholding of monies. 6.6 If the Client fails to pay the invoice in full by the final date for payment, then, without prejudice, to any other right or remedy available to the Company, the Company shall be entitled to: 6.6.1 cancel the Contract or suspend any further provisions of the Services to the Client. Any such period of suspension shall be disregarded for the purpose of contractual time limits previously agreed for the completion of the Services. 6.6.2 charge the Client interest at the higher of the rate under the Late Payment of Commercial Debts (Interest) Act 1998. Interest shall be calculated on a monthly basis and a part of a month shall be treated as a full month for this purpose; and 6.6.3 charge the Client the costs of recovery of any outstanding amount including legal costs and disbursements and charge any Bank charges incurred on re-presenting cheques or requesting special clearance thereof. 6.7 The Company may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Client.   7. Confidentiality and Intellectual Property 7.1 The copyright, design rights or title of any bespoke product or any output Material shall, unless otherwise agreed in writing between the Client and the Company, belong to the Company. However, the Client shall be entitled to this if prior written agreement is obtained. Subject to full payment of all sums payable under the Contract. 7.2 Any information provided by the Client shall be kept confidential by the Company, and all other information provided by the Company which is so designated by the Company shall be kept confidential by the Client; but the foregoing shall not apply to any documents, data or other information: 7.2.1 which either party is required to disclose by law or by statutory requirements; or 7.2.2 which are public knowledge at the time when they are so provided by either party; or 7.2.3 which become public knowledge through no fault of the other party. 7.3 The Output Material is prepared exclusively for the Client for the purposes of the Contract and may not under any circumstances be used by any third party and therefore the company is not liable.   8. Data Protection Act 1998 8.1 This clause 15 will only apply if the Client is a living individual (either sole trader, partnership or other equivalent in any other jurisdiction). 8.2 The Company will adhere to the Data Protection Act 1998 and understands best practice for managing information. 8.3 The Company may consult or register information about the Client and the conduct of the Client’s account with a licensed credit reference agency. The Company may also consult a licensed credit agency about any credit information held on the Client, or the Client’s principal directors. The Company will keep a record of that search either on computer or on manual records. 8.4 As part of its marketing policy the Company may send to the Client from time-to-time details of its products and services. If the Client does not wish to receive these details, then it should contact the Company in writing to inform the Company. 8.5 The Company may transfer information about the Client to its financiers, who: 8.5.1 may use, analyse and assess information about the Client, including the nature of the Client’s transactions, and exchange such information with any Group Company and others for credit or financial assessment, market research, statistical analysis, insurance claims, underwriting and training purposes and in making payments and servicing their agreement with us. 8.5.2 from time to time, may make searches of the Client’s record at credit reference agencies where the Client’s record with such agencies may include searches made and information given by other businesses; details of their searches will be kept by such agencies but will not be seen by other organisations that may make searches. 8.5.3 may monitor and/or record any phone calls the Client may have with them, for training and/or security purposes; 8.5.4 if they transfer all or any of their rights and obligations under their agreement with the Company to a third party, they may transfer information about the Client to enable the third party to enforce their rights or comply with the obligations.  9 Publicity 9.1 The Company’s name shall not be used in connection with the Contract for purposes of publicity promotion or advertising without the prior written approval of the Company.  10. Warranty and Limitation of Liability 10.1 Except as expressly provided in this Contract and so far as is permitted by statute all conditions, guarantees or representations, express or implied, statutory or otherwise, including without limitation, the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. 10.2 The Services are provided to and for the benefit of the Client exclusively and all collateral warranties are excluded. 10.3 The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, inaccurate, or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client. 10.4 Subject to clause 12.12 below, the Company shall have no liability to the Client for any: 10.4.1 consequential and/or indirect losses; 10.4.2 damage to goodwill; 10.4.4 special damages; and/or 10.4.5 business interruption, loss of business, contracts, opportunity and/or production. 10.5 Subject to clause 10.11 below, the Company’s total aggregate liability to the Client in relation to the Contract shall not exceed 200% of the Fee actually received in cleared funds by the Company under the Contract. To the extent that any liability of the Company to the Client would be met by any insurance of the Company then the liability of the Company shall be extended to the extent that such liability is met by such insurance. 10.6 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of: 10.6.1 liability for breach of contract (including fundamental breach); 10.6.2 liability in tort (including negligence); 10.6.3 liability for breach of statutory duty; and 10.6.4 liability for breach of common law. except clause 10.5 above which shall apply once only in respect of all the said types of liability. 10.7 Nothing in the Contract shall exclude or limit any statutory rights of the Client which may not be excluded or limited due to the Client acting as a consumer. Any provision which would be voided under any consumer protection legislation or other legislation shall to that extent, have no force or effect. 10.8 The Client shall indemnify and keep the Company indemnified against any and all losses or liabilities suffered or incurred by the Company as a result of any claims made against the Company involving the infringement of any intellectual property rights by the Client. 10.9 The Client acknowledges and agrees that the limitations of liability contained in this clause are: 10.9.1 fair and reasonable; 10.9.2 reflected in the level of charges and of insurance cover carried by the Company; 10.9.3 just and equitable having regard to the extent of the responsibility of the Company for any loss or damage suffered, on the basis that all other consultants, contractors and any subcontractors who have a liability shall be deemed to have provided contractual undertakings to the Client on terms no less onerous than those contained in this Contract. 10.10 Nothing in these Conditions shall limit or exclude the Company’s liability for: 10.10.1 death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; 10.10.2 fraud or fraud misrepresentation; or 10.10.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982  10.11 This clause 10 shall survive termination of the Contract.  11. Non-solicitation of Staff 11.1 The Client shall not, during the period of performance of the Services and for 6 months afterwards, solicit or entice away or seek to entice away from the Company to work for its business, whether as principal, agent, partner, director, employee, secondee or consultant, any person who is or was employed or engaged by the Company in providing the Services at any time during the previous 6 months.  12. Events of Default, Termination, Repossession, Suspension 12.1 If: 12.1.1 the Client fails to make any payment to the Company when due; 12.1.2 the Client breaches the terms of the Contract and, if the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied; 12.1.3 the Client persistently breaches any one or more terms of the Contract; 12.1.4 the Client ceases or threatens to cease to continue business; 12.1.5 the Client as an individual or partnership is the subject of a bankruptcy petition; or 12.1.6 the Client suspends or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due. 12.1.7 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Client; 12.1.8 any event occurs, or proceeding is taken with respect to the Client in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 16.1.5 to clause 16.1.13 (inclusive). 12.1.9 the Client’s financial position deteriorates to such an extent that in the Company’s opinion the Client’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy. 12.1.10 if the Client (being an individual) dies or by reason of illness or incapacity (whether mental or physical) is incapable of managing his own affairs or becomes a patient under any mental health legislation; then the Company shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 16.2 below. 12.2 If any of the events set out in clause 12.1 above occurs in relation to the Client then: 16.2.1 the Company may withhold the performance of any Services and cease any Services in progress; 16.2.2 the Company may cancel, terminate and/or suspend the Contract without liability to the Client; and/or 16.2.3 all monies owed by the Client to the Company shall forthwith become due and payable. 12.3 The Company shall have a lien over all property or goods belonging to the Client which may be in the Company’s possession in respect of all sums due from the Client to the Company. 12.4 On termination of the Contract for any reason, the accrued rights, remedies, obligations and obligations of the Client and the Company as at the expiry or termination shall be unaffected, including, without limitation, the right to claim damages in respect of any breach of the Contract which existed at or before the termination or expiry, and clauses of the Contract which expressly or by implication survive termination shall continue in full force and effect.   13. Force Majeure 13.1 The Company shall have no liability to the Client for any delay in performance of the Contract to the extent that such delay is due to any events outside the Company’s reasonable control (‘Force Majeure Event’) including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, shortage of materials or supplies, extreme weather, epidemic, utility disruption and governmental actions. 13.2 If the Company is affected by a Force Majeure Event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance. 13.3 If the Force Majeure Event prevents the Company from providing any of the Services for more than 3 days, the Company shall, without limiting its other rights or remedies, have the right to terminate the Contract immediately by giving written notice to the Client. 14. General 14.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business or home address ( an individual’s) that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working delivery service or commercial courier. 14.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 14.1; if sent by pre-paid first class post or other next working day delivery service, at 10.00 am on the second working day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed. 14.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action. 14.4 A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 14.6 The parties acknowledge that, except as specifically provided in the Contract, it is not their intention that any third party shall be entitled to enforce any term of the Contract which may confer a benefit on that third party, whether any such entitlement would, but for this clause 14.6, arise under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 14.7 Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to function as agent for, or to bind, the other party in any way.  15. Law and Jurisdiction 15.1 The Contract shall be governed by and construed in all respects in accordance with the English Law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any dispute under or connected with the Contract.