- IMPORTANT NOTICE
By registering an account with us, you acknowledge and agree that you understand it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. In accordance with the UK Government's Licensing Act 2003.
This service agreement (this “agreement”) is a legally binding contract between you (referred to as "you", "your" or the "customer" in this agreement) and Mixtons (“we”, “us”) and comes into effect after you register and place an order on this website. You agree to be bound by these terms and conditions without any amendment or variation
2.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
2.1.1 "Acceptable ID" means a valid UK or EU drivers’ licence, UK or Worldwide passport. No other form of identification will be accepted.
2.1.2 "Minor" means a person under the age of 18 years.
2.1.3 "Order" means an agreement by you to purchase the Products when you click the button to place your order.
2.1.4 "Order Price" means the total of the Price of the Products that you wish to purchase.
2.1.5 "Products" means those items contained within the Cocktail Kits (alcohol, ingredients, recipe card & gift item/s), individual bar tools purchases provided by Mixtons.
2.1.6 "Purchase" means the Order that we have accepted.
2.1.7 "Register" means to create a valid account on a Site.
2.1.8 "Service" means all or any one of the services we provide via the Sites (or via other electronic or other communication) including the information services, content and transaction capabilities on the Site (including the ability by you to Order and Purchase).
2.1.9 "Website" means www.mixtons.com
- USE OF THE SITE AND THE SERVICE
3.1 Minimum Age: You must be at least 18 years of age to use the Site, the Service and to make any Order and Purchase. Please refer to the 'IMPORTANT NOTICE' above.
3.2 Responsible sale of alcohol: The Products are supplied and delivered to you directly by us and 3rd party couriers. We reserve the right to decline or cancel any Order by at any time you if we reasonably believe that such Order or Purchase is or may be in breach of the applicable laws and regulations in relation to the sale and supply of alcohol.
3.3 Prevention on use: We reserve the right to prevent you using a Site and a Service (or any part of them) and to prevent you from making any Order and Purchase if we reasonably believe that your use of the Site or the Service is inappropriate.
3.4 Equipment: The use of the Site and the Service do not include the provision of any hardware necessary to access them. To use the Site or Service, you will require internet connectivity and appropriate telecommunication links. We will not be liable to you for any telephone costs, data costs, telecommunications costs or other costs that you may incur as a result of using or accessing a Site or Service.
3.6 Passwords: Once you complete the Registration process, you must keep your account password confidential and immediately notify us if any unauthorised third party becomes aware of it or if there is any unauthorised use of your account or any breach of security known to you. You may never use another person’s account or allow any other person to use your account. You are solely responsible for the activity that occurs on your account and it is your sole responsibility to keep your password secure.
3.7 Closing accounts: We reserve the right to immediately and without prior notice terminate an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-UK user pretends to be a user, or disrupts a Site or a Service in any way or if we believe that the user is a Minor.
4.1 Mixtons Ltd is the operator of the Site and facilitates the order, sale and purchase and delivery of alcoholic beverages to you.
- PURCHASE OF PRODUCTS
5.1 Requirements: You may only place an Order if you meet the following requirements:
5.1.1 You are not a Minor;
5.1.2 You are not Purchasing on behalf of, or with the intention to supply to, a Minor;
5.1.3 Your total Order Price exceeds the minimum order requirement set by us;
5.1.4 The nominated place of delivery of the Products is within the area we deliver to.
5.1.5 You pay to us for the Order Price, comprising of the total Product Price; and
5.1.6 You agree and acknowledge that we abide by the Responsible Service of Alcohol regulations and we have the right to enforce such regulations.
5.2 Order: When you click the "place order" button, you make a legally binding, irrevocable offer to purchase the Products at the Order Price ("Order"). When we accept your offer, we will send you a confirmation email
5.4 Payment: We will process your payment of the Order Price via Shopify's payment service once your Purchase is complete and we have accepted your Order. Payment options include all debit and credit cards, including American Express.
5.4.3 Chargebacks and disputes: We will be responsible for dealing with charge-backs or disputes. Please contact us in relation to those matters.
5.5.1 Changes to your delivery information can only be made prior to the parcel being dispatched. If a change to the delivery address is required after your parcel is in transit, a new delivery charge will apply. We cannot guarantee that we will be able to communicate the new address to the delivery agent within any given timeframe.
5.5.2 Mixtons must comply with its obligations under UK Government Law, pertaining to articles within the 2003 Licensing Act when delivering the Products. It is therefore your obligation to ensure that you or an authorised representative who is at least 18 years of age is the recipient of the delivery.
5.5.3 Mixtons reserves the right to refuse to deliver the Products for any reason whatsoever and including (without limitation) refusing delivery to a person/s who we reasonably believe are intoxicated, or disorderly; refusing delivery to specific buildings for access or safety reasons, or refusing delivery because we reasonably believe that the Products will, may or are likely to be supplied to persons under 18 years of age following delivery.
- REFUNDS, RETURNS & DAMAGES
6.1 As part of our service, we will ensure that all products made available for purchase on our Site meet the and are bound by the Consumer Rights Act 2015.
6.2 If you are unsatisfied with a Product or if a product is not as advertised and/or a major problem is identified with the product, please contact us immediately to find out more about our refund & returns policies.
6.3 In the unlikely event that your Product has been damaged in transit, do not accept the delivery and we will arrange a new replacement Product to be sent to you.
6.4 If your Product has been lost in transit after it was scanned as picked, and before it was scanned as delivered, we will send you a replacement case upon notification.
6.5 We will not issue any refunds on Products or ingredients opened or tampered with after you have received your delivery.
6.6 We are not obliged to issue refunds on parcels that have been returned to the consignor after the 2 delivery attempts and waiting period have passed. This is due to the perishable nature of our product. To prevent this from happening make sure you input the right contact details and check your email for any notifications!
- WARRANTY DISCLAIMERS
7.1 We expressly disclaim that:
7.1.1 Any content or information accessible through the Site is accurate, complete, reliable, current or error-free. This includes information about Product Price, Delivery Times, Product description and Product availability. Such information is subject to change without notice.
7.1.2 Your use of the Service or the Site will be uninterrupted or that any information or data (or messages) transmitted via the Service or the Sites will be transmitted accurately, reliably or in a timely manner or at all.
7.1.3 The Service or the Sites are free from viruses, malware, bots or anything else which may have a harmful effect on any technology or your hardware or software.
7.2 We will use all reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of the same.
- SUSPENSION AND TERMINATION
8.1 If you use a Sites or Service in contravention of this Agreement, we reserve the right to suspend or terminate your use of the Service and / or Sites (in whole or in part) without prior notice.
8.2 We agree to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement and you agree that if we are the subject to such an order, you will have no claim against us for the release of your personal information.
8.3 Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have against you for any other breaches which occurred prior to termination.
- LIMITATION OF LIABILITY
9.1 We exclude, in so far as it is legally possible for us to do so, all liability and responsibility for damage suffered by you including, but not limited to, indirect or consequential damages, or any damages whatsoever arising from:
9.1.1 the accuracy, completeness, fitness for purpose or legality of any Product or information accessed using the Service or Sites or otherwise;
9.1.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
9.1.3 your use of any information or materials on the Sites (which is entirely at your own risk and it is your responsibility); and
9.1.4 The supply, delivery, use and consumption of the Products.
9.2 This disclaimer of liability extends to all claims regardless of whether they are reasonably foreseeable or not. Our liability to you for any loss or damage arising directly from the Products will be limited to replacement of that Product or a refund of the Product’s value, at our discretion.
- LINKS TO AND FROM OTHER SITES
Where a Site contains advertisements or links to third party sites or resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and we specifically disclaim any liability for any damage you suffer by clicking on links to third party websites contained on any Site. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites). If you decide to access any of the Other Sites linked to the Sites, you do so entirely at your own risk.
- INTELLECTUAL PROPERTY RIGHTS
13.1 The names, images and logos used on any Site and which are used by us to describe or refer to our products and services, are our sole intellectual property and you must not, under any circumstances, use replicate, duplicate or claim any property interest over any such intellectual property unless we give you our prior written consent to specifically do so.
13.2 You acknowledge that no title or interest to our intellectual property is transferred to you and you agree to make no claim of interest in it merely by using any Site, purchasing goods or services or by opening any account with us.
13.3 A Submission by you shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Submission.
- SALE AND ASSIGNMENT
14.1 If we are involved in a merger, acquisition, asset sale or change in control, we may assign, novate or otherwise transfer its rights and obligations that arise under these terms without reference to you and without requiring your prior consent.
15.1 Currency: All prices are in Great British Pounds.
15.2 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether expressed or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
15.4 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of us, our subsidiaries, its Related Entities, our holding company its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
15.5 Survival: In any event, the provisions that are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Sites or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Sites or Service.
15.6 Sever-ability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
15.7 Location: The Service and Sites are controlled and offered by us from London, United Kingdom. We make no representation that the Services and Sites are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for local laws.
15.8 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of the United Kingdom.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Mixtons and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Woking, England before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Mixtons’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.