1. Legal Drinking Age Notice
1.1 Orchard Pig (“Orchard Pig”, “we”, “our” or “us”) own [and have instructed a third party agency to] maintain and operate this internet site relating to Orchard Pig (the ‘Website’) for personal use for those of a legal age in your country, province, or state of residence (18 years or older in the United Kingdom) for the consumption of alcoholic beverages and in countries where the consumption of alcoholic beverages are permitted. Please exit this Website immediately if you are not of a legal age in your place of residence for consuming alcoholic beverages or are in a country where use of this Website is not permitted.
1.2. We encourage responsible drinking and would direct customers to visit http://www.drinkaware.co.uk/ for more information.
1.3. The reward of samples or gifts of products (including alcohol) are provided free of cost and at our sole discretion and only made to persons over the age of 18
2. Acceptance of Terms and Conditions
2.1 Your access to and use of the Website and any Services referred to in Clause 3, is subject exclusively to these Terms and Conditions. You will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website and/or Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website and any Services.
2.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website and /or Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
3. The Services
3.1 The Website may provide communication tools such as bulletin boards, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3.2 You acknowledge and agree that the Services are public and not private communications.
3.3 We may make changes in the information and content included in this Website and any time without notice. We shall not be responsible for any detrimental reliance you may place on this Website or its contents.
3A.1 You must be aged 18 or over to purchase alcohol. It is a criminal offence to sell alcohol to anyone under the age of 18 in the UK. When placing an order and making a payment you will be required to confirm that you are aged 18 years or over.
3A.2 If your order is a gift and contains alcohol, the recipient must also be aged 18 years or older. An adult over the age of 18 years will be required to sign for delivery.
3A.3 Our courier operates a Challenge 25 policy in relation to deliveries containing alcohol. An adult over the age of 18 years will be required to sign for delivery. Any person appearing under the age of 25 years will be asked for proof of age.
3A.4 Regardless of your payment being accepted via our ecommerce platform, no contract is formed until we have dispatched your order to you.
3A.5 We reserve the right to cancel a delivery if either:
- we are not satisfied at the time of the order being placed that you are over 18 years; or
- the courier is not satisfied that the person signing for delivery is over 18 years.
5. Surveys and Contests
5.1 From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address) and demographic information (such as postcode and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Separate terms and conditions apply to any competitions, games or free prize draws on this site.
6.1 We appreciate hearing from our customers and welcome your comments regarding our products, including our on-line services. However, Orchard Pig’s company policy does not allow us to accept unpatented ideas, advertising or marketing suggestions, patent applications, models, prototypes, or any information written or oral, which you the submitter, regard as confidential (collectively referred to as ‘Unwanted Submissions’). While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any Unwanted Submissions. If, at our request you send certain specific submissions (e.g. if you share a story with us, participate in chats, or post a message at the message board) or, despite our request that you not send us Unwanted Submissions, you send such Unwanted Submissions to us, such Unwanted Submissions shall be deemed, and shall remain, our property. None of such Unwanted Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of such Unwanted Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to such Unwanted Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the such Unwanted Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the submitter of such Unwanted Submissions.
7.1 Orchard Pig has taken reasonable measures (physical, organizational and technological) to safeguard against unauthorised access to your personally identifiable information (for example to ensure that email communications are only accessible by the designated recipients at Orchard Pig or their suppliers) and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your communications and personal information can never be guaranteed. Orchard Pig has no control over the practices of third parties (e.g. website links to this Website, third-party sponsors or third parties who misrepresent themselves as you or someone else).
8. Acceptable use
8.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Orchard Pig will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
8.2 In using the Website and/or Services you agree not to:
8.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
8.2.2 post, publish, distribute or disseminate material or information that is defamatory, libelous, obscene, indecent, threatening, abusive, harassing or unlawful;
8.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their sex, race, religion, disability, nationality or otherwise;
8.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
8.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
8.2.6 promote the excessive, irresponsible or underage consumption of alcohol, or
8.2.7 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
8.2.8 collect or store personal information about others, including email addresses;
8.2.9 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
8.2.10 impersonate any person or entity for the purpose of misleading others;
8.2.11 violate any applicable laws or regulations;
8.2.12 use the Website or Services in any manner that could damage, disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website or Services;
8.2.13 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
8.2.14 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website or Services through hacking, password mining or any other means.
8.3 Orchard Pig are under no obligation to monitor, screen or sanction the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove at any time and without notice any material that breaches these Terms and Conditions or is otherwise objectionable.
9.1 Orchard Pig have the right to terminate your access to any or all of the Services or Website at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. Orchard Pig may also at any time, at our sole discretion, discontinue the Website or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website or Services.
10. Links to Third Party Websites
10.1 The Website or Services may include links to third party websites that are controlled and maintained by others. Orchard Pig is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You acknowledge and agree that Orchard Pig has not reviewed all sites linked to this Website and is not responsible for the content or availability of any such sites. Your linking to another off-site pages or other sites is at your own discretion and risk.
11. International Use
11.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
12. Intellectual Property Rights
12.1 Orchard Pig is the owner of the intellectual property rights in this Website. The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that the Orchard Pig name, logos and trademarks belong to Orchard Pig. By entering this Website you acknowledge and agree that any name, logo, trademark or service mark contained on this Website is owned or licensed by Orchard Pig and may not be used by you without prior written approval. You will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Orchard Pig. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
12.2 Orchard Pig does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
13.1 You agree to indemnify and hold Orchard Pig harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Orchard Pig by any third party arising out of your use of the Website, Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Orchard Pig in consequence of your breach of these Terms and Conditions.
14. Disclaimers and Limitation of Liability
14.1 Use of the Website and Services is at your own risk. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
14.2 By entering this Website you acknowledge and agree that your use is at your own risk and that this Website, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this Website are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of, or browsing of this Website or in connection with any content, information, data, promotions, activities, associated with this Website, or in connection with your downloading of any materials, text, data, images, video or audio from this Website, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
14.3 Orchard Pig makes no warranty that the Website or Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website or Services will be uninterrupted or error free, that defects will be corrected or that the Website or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
14.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Orchard Pig for death or personal injury as a result of the negligence of Orchard Pig.
14.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
15.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
16. Governing Law
16.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts. If you use this Website from another country, you are responsible for compliance with any and all applicable local laws. Orchard Pig, its affiliates and/or partners make no representation that the materials contained within this Website are appropriate for countries outside the United Kingdom.
© C&C Group.