Section 1 – Preamble
1.1 This website is operated by The Spirits Group Ltd, a company registered under the laws of Malta, bearing company registration number 971080432 and having its registered address at The Core, Valley Road, Msida, MSD9021 Malta (EU) (hereinafter referred to as the ‘Company’)
1.2 All orders placed on this website are subject to the terms and conditions (“hereinafter referred to as these “T&Cs”) as mentioned hereunder.
1.3 These T&Cs are binding between yourself and the Company and form a legally binding agreement. By entering, connecting to, accessing or using this website you are deemed to have read and understood these T&Cs and are hence agreeing to the terms contained herein. If you do not agree with these T&Cs, please refrain from using our website.
1.4 Any customer in terms of these T&Cs may be an individual or a legal entity validly constituted under its home jurisdiction.
Section 2 – Minimum Age
2.1 By agreeing to these T&Cs, you are also agreeing that you meet the age requirement, as may be applicable within your respective jurisdiction, to buy alcoholic beverages.
2.2 The Company is not liable in any way should the user of the website be in breach of this clause
Section 3 – Rights of the Company
3.1 The Company reserves the right, at its discretion, to:
i. refuse to sell its products to anyone for any reason at any time;
ii. modify the prices of any of its products or the products’ description, as displayed on its website, without notice;
iii. discontinue from offering any of its products at any time;
iv. limit the sales of its products to any person, geographic region or jurisdiction;
v. limit the quantities of any products that the Company offers;
vi. update, change or replace any part of these T&Cs by posting updates and changes to the website; and
vii. remove or cancel without notice this website for an indefinite period of time.
Section 4 - Payment Methods
4.1 Payment can be affected solely via the Company’s online payment method.
4.2 Any import taxes, duties, charges or costs associated with receiving the products sent by the Company, shall be borne solely by the customer. The Company shall in no event be liable for such costs in no case shall the Company refund such additional costs to the customer.
Section 5 – Returns
5.1 Return of products bought from the Company’s website shall not be accepted unless a sufficient reason is provided by the respective Customer as to why the products purchased are not up to standard.
5.2 Where a sufficient reason exists, returns will be accepted solely if:
i. they are made within ten (10) days of the Company’s delivery or within the maximum period allowed by the applicable law; and
ii. if a receipt of the products purchased is presented; and
iii. if the products have not been chilled, tampered with, or damaged.
5.3 Where the cumulative criteria mentioned within the preceding clause have been satisfied, the Customer shall be allowed a full refund for the respective products.
Section 6 – Warranties of the Company
6.1 The Company warrants the following:
i. The products bought by its Customers shall be adequately packaged in accordance with best commercial practice;
ii. The products supplied shall be new and unused;
iii. The Company has full title to the products and where applicable, has the necessary licence required by law to sell the products; and
iv. The Company shall comply with all applicable laws, rules and regulations when performing its obligations
Section 7 – Warranties of Customer
7.1 By buying products from the website, the Customer is also warranting that the customer:
i. Is over 18 years of age;
ii. Shall not make use of the products for any illegal or unauthorised use;
iii. Shall not violate any applicable laws;
iv. Shall not reproduce, resell or exploit any of the products which the Company provides without express written consent of the Company;
v. Shall provide complete and accurate purchase and account information for all purchases made through the Company’s website, and that he shall update in a timely manner his account and other information, including his email address, so that the Company can complete his transactions and contact him as needed.
Section 8 – Disclaimer of Warranties
8.1 In offering the products on its website, the Company is not guaranteeing that: the Customers’ use of its website will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the website will be accurate or reliable.
8.2 The Company hereby declares that all the products provided through its website are provided ‘as is’ and ‘as available’ for the Customers’ use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Section 10 – Errors and Inaccuracies
10.1 While the Company shall strive to keep the website updated at all times, the website may at times contain errors or inaccuracies in relation to the descriptions, prices, offers, availability, and delivery charges of the listed products. The Company reserves the right to correct such errors and inaccuracies and to cancel orders where the error or inaccuracy changes materially the price of the products offered.
Section 11 – Forbidden Uses of Website
11.1 In addition to any other restrictions as set forth in these T&Cs, a Customer is restricted from using this website or its content:
i. for any unlawful purpose;
ii. to solicit others to perform or participate in any unlawful acts;
iii. to violate any applicable laws and regulations;
iv. to infringe upon or violate the Company’s intellectual property rights or the intellectual property rights of others;
v. to submit false or misleading information;
vi. to upload or transmit viruses or any other type of malicious code that shall or may be used in any way that will affect the functionality or operation of this website or of any related website, other websites, or the Internet;
vii. Annoy, harass, threaten, intimidate or molest any of our employees assisting you;
viii. to collect or track the personal information of others;
ix. to spam, phish, pharm, pretext, spider, crawl, or scrape;
x. for any obscene or immoral purpose; or
xi. to interfere with or circumvent the security features of the Company’s website or any related website, other websites, or the Internet.
The Company reserves the right to terminate a Customer’s use of its website if any of the above restricted uses becomes apparent and to institute judicial proceedings to recover any damages to which it may have become liable to by virtue of the Customer’s forbidden use of the website.
Section 12 – Limitation of Liability
12.1 In no case shall the Company or any of its directors, officers, employees, and affiliates be liable for any damages, losses, actions, suits, proceedings, claims, demands, costs, expenses, fines, fees and liabilities of any kind, as may be suffered by the Customer from his use of the website or products purchased from the Company’s website unless it is a result of the Company’s gross negligence or bad faith.
12.2 The Company shall not be held liable for any indirect damages in terms of these T&Cs which shall include but not be limited to loss of profit, loss of business, loss of goodwill, loss of future earning loss of customers, loss of revenue and any other form of indirect damages
12.3 Without prejudice to any limitations imposed by law, the Parties agree that the Company’s liability under law in terms of these T&Cs shall be limited to a maximum equal to three times the value of the products sold in a specific transaction or ten thousand (10,000) Euro, whichever is the lower.
Section 13 – Termination
13.1 A breach or violation of any of these T&Cs by a Customer will result in an immediate termination of the Customer’s use of this website.
13.2 The obligations and liabilities of the Company or the Customer incurred prior to the termination date shall survive the termination of this website and/or of these T&Cs.
13.3 These T&Cs are effective unless and until terminated or replaced by the Company
13.4 If the Company suspects or knows that a Customer has failed to comply with any provision as listed within these T&Cs, the Company shall reserve the right to terminate the respective Customer’s use of this website at any time without notice and to proceed judicially against the beaching Customer if the Company incurred any damages. In this case, the Customer shall remain liable for all amounts payable and due to the Company up to and including the date of termination.
Section 14 – Intellectual Property Rights
14.1 All intellectual property rights including trademarks, patents, copyright, industrial designs, design rights, knowhow and any other similar rights of the Company shall remain the sole property of the Company. Nothing in this T&Cs shall be deemed to consist and assignment or transfer of any intellectual property rights.
15.1 These T&Cs are made under and shall be governed by Maltese law and all disputes arising from or under this Agreement shall be subject to the exclusive jurisdiction of the Maltese courts.
16.1 The Company shall not be in breach of their obligations nor shall the Company incur any liability to the other if it is unable to comply with its obligations as listed in these T&Cs as a result of any cause beyond their reasonable control “Force Majeure”. Force Majeure shall include but not be limited to Acts of God, insurrection or civil disorder or military operations, national or local emergency, acts or omissions of government or other competent authority or regulatory authority, fire, flood, lightning or other weather of exceptional severity, subsidence, explosion or industrial disputes.
17.1 These T&Cs form the entire terms and understanding between the Company and the Customer with respect to the subject matter hereof and will remain effective until they are replaced. These T&Cs supersede all previous arrangements and understandings between the Company and a Customer with respect to the subject of these T&Cs, which shall cease to have any further force or effect.
18.1 In the event that any clause or condition or part thereof under these T&Cs is held by a court of competent jurisdiction to be null and void and without any effect, the remainder of these T&Cs and the remainder of such clause or condition, shall remain in full force and effect. In the event of the above, the Company shall in good faith modify and amend the T&Cs so as to ensure that its original intention is safeguarded.
18.2 The Company reserves the right to may any changes and amendments to these T&Cs at any given time without incurring any liability. Any such updated terms shall me immediately enforceable and applicable from the moment of their publication and shall supersede any previous published T&Cs
19. Relationship between the Company and Customer
19.1 Nothing in these T&Cs shall be construed to constitute an agency, partnership, joint venture or other similar relationship between the Company and Customer.
20 – General Provisions
20.1 Headings are inserted for convenience purposes only and are not to be considered when interpreting these T&Cs. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
20.2 The Customer is liable for all costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by the Company in enforcing these T&Cs as a result of any default of these T&Cs by the Customer.
20.3 No failure or delay by the Company in exercising any power, right or privilege provided in these T&Cs will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in these T&Cs
21. Contact Information
21.1 Questions about these T&Cs are to be sent via email to firstname.lastname@example.org.