Drinxin TERMS OF SERVICE
By accessing or using our website (www.Drinxin.com) and any subdomains of our website ("Website"), or accessing, installing or using the mobile application ("App"), or using or receiving the Website, App and any services supplied to you by Drinxin (collectively, "Services"), you represent to us that you are legally competent to enter into and agree to these Terms.
THE SERVICES ARE INTENDED SOLELY FOR USERS WHO ARE 18 YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE SERVICES BY ANYONE UNDER 18 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS.
BY USING THE APP OR THE SERVICES, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
1. GENERAL TERMS. You acknowledge and agree that (i) this Agreement is concluded between you and Drinxin only, and (ii) Drinxin, not Apple, nor Google is solely responsible for the App, which is sourced through Apple’s App Store and Google’s Play Store. Depending on the version of the Application you have downloaded, these App Terms incorporate Apple or Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to be bound by these Terms, then you should not access our services.
These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
2. OUR SERVICES. Drinxin does not hold a license to sell alcohol, nor is it a Licensed Retailer. Our Services enable you to search for alcoholic beverages and other products and place and schedule orders with independent, licensed alcohol beverage etailers, and other licensees with retail privileges, ("Licensed Retailers," “Retailers”) for the purchase and sale of such beverages and products, among other things. All orders placed through the App or the Website are accepted, reviewed, and ultimately fulfilled by Licensed Retailers. All sales are solely transacted between you and Licensed Retailers. Each product listed on Drinxin is not an offer to purchase such a product but an invitation to make an offer by placing an order. You acknowledge and agree that Drinxin does not sell, offer to sell, invite to sell, or solicit any offers. In all instances, all sales are advertised, accepted, made and delivered by Licensed Retailers who receive all orders and offers. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. Drinxin does not sell or deliver alcohol beverages. No part of the Services is intended to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensed Retailer or any improper exclusionary practices by any alcohol beverage licensee.
Drinxin provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Drinxin does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. All calorie, alcohol unit, ABV or other drinks related information is based on information provided by alcohol producers and Retailers and such data, and other content on the App, may be out of date and Drinxin makes no commitment to update it.
To the fullest extent permitted by applicable law, Drinxin hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App. THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE FROM YOUR GP.
3. ACCESS TO SERVICES. By completing an order through our services, you agree that you are 18 years of age or older and that you will be present to accept the delivery of alcoholic beverages. You agree that you will not be intoxicated when receiving delivery of such products.
All deliveries including alcoholic beverages must be accepted by the account holder, who is capable of proving that he or she is 18 years of age or older and can provide a valid form of government-issued identification at the time of delivery.
If there is no individual who is 18 years of age or older or cannot provide valid identification showing that he or she is 18 years of age or older, the delivery driver (the “Courier”) will not complete delivery of the Products. Additionally, if the Courier is unable to contact you or the account holder at the specified delivery address for 5 or more minutes, all Products will be removed from the order and returned to the Retailers and a £7.99 restocking or rescheduling fee “Restocking or Rescheduling Fee” will be charged to User’s credit card and the original order balance will be returned to User.
The Courier reserves the right to refuse to deliver Products for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason. Any Retailer reserves the right to not accept any order for any reason.
4. FEES. Licensed Retailers are solely responsible for the prices of products shown on Drinxin website and App. Drinxin doesn’t markup the cost of the products. Drinxin charges fees including but not limited to delivery fees in cases where you have placed an order for Delivery and Restocking Fees. Any such fees are due immediately.
5. ORDER PROCESS. When placing an order you can choose to Get It Now, Schedule For Later, Make a Subscription or Pick-up yourself. When you place an order through our Application or Website, it needs to be accepted by our Licensed Retailers before it is confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. We will make every effort to deliver the Get It Now order within 60 minutes of you receiving the Confirmation Notice unless otherwise notified to you in writing. We will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order.
For a Scheduled Delivery, you are able to set a day and time within 2 weeks time when you would like your order to be delivered. We will tell you the time period when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.
‘Make a Subscription’ delivery option allows you to make a monthly subscription for a particular amount of products. The order will be repeated on the day of first delivery every month for 6 months continuously or until the subscription is cancelled by the User.
Unfortunately, despite the best efforts of all concerned, things do not always go to plan and the company cannot accept liability for delays which are beyond its control.
If a Licensed Retailer accepts your order request, your credit or debit card will be charged for the amount of your purchase plus any additional fees that the Licensed Retailer may charge. Once the charge is authorized, the Licensed Retailer will package your order for either pick-up or Delivery, as indicated by you in your order request. The individual picking up the order or accepting delivery must provide a valid form of government-issued photo identification, marked by a hologram, proving that he or she is at least 18 years old. Customers will sign for the order at the time of pick-up and receipt of Delivery.
It is the responsibility of Licensed Retailers and Drinxin couriers to verify proof of age. Your order request, pick-up, or delivery may be declined for any reason by the Licensed Retailer. If declining because the requested item(s) or acceptable substitutions are not in stock, the Licensed Retailer may offer you a full refund. If your order request, pick-up, or delivery is declined or cannot be completed for any other reason, you may be charged a non-refundable penalty fee of twenty pounds (£20.00) ("Penalty Fee"). Without limiting the foregoing, THE PENALTY FEE WILL BE AUTOMATICALLY CHARGED TO YOU IF YOU, OR IF APPLICABLE THE ORDER RECIPIENT, FAILS TO PROVIDE ACCEPTABLE PROOF OF IDENTIFICATION AND AGE, OR IF THE LICENSED RETAILER, OR ITS EMPLOYEE OR AGENT, OR THE PREDDRINKDELIVERY COMPANY’S EMPLOYEE OR AGENT, IN ITS SOLE DISCRETION, DETERMINES THAT THE TRANSFER OF POSSESSION OF THE ITEMS IS OTHERWISE ILLEGAL, UNSAFE OR INAPPROPRIATE.
YOU AGREE THAT YOU MAY NOT PROVIDE Drinxin OR A LICENSED RETAILER ANY INFORMATION OF, OR USE THE SERVICES TO PURCHASE OR PICK-UP FOR OR SEND A DELIVERY OR SHIPMENT TO, ANY INDIVIDUAL UNDER 18 YEARS OF AGE.
Sales by Licensed Retailers are made at their licensed premises and title to, and ownership of, all ordered items pass from them to you at their licensed premises. Drinxin assumes responsibility for the pick-up, shipment and delivery of your order. By using pick-up or delivery services, you represent that you are of legal drinking age. You also represent that you have obtained all required permissions, paid all required fees, are legally entitled to take possession of the order and are legally entitled to take into possession the quantities ordered. You further represent that you are using the Services for lawful purposes and to place orders for personal consumption and not for any resale or distribution. You acknowledge that certain Services may not be available to you due to local rules applicable to your location.
6. RESCHEDULING ORDERS. Customers have 10 minutes to cancel or reschedule ‘Get it Now’ requests, unless the Courier picks up the order and marks the shipment as “en route.” If Cancellation is made after this point, cancellation or reschedule will result in a ”Restocking or Rescheduling” Fee.
If you cancel the order prior to the Courier being delivered your order from the Licensed Retailer (or First Licensed Retailer in the instance of a split delivery) there will be a £2.00 cancellation fee. If the order is cancelled after the driver has picked up the order from the Licensed Retailer, you will be charged a Restocking Fee of £7.99.
‘Schedule for later’ orders can be cancelled or rescheduled up to 60 minutes before the scheduled delivery window, otherwise a cancellation fee of up to £7.99 will be charged for the cost of the ride, labor and fuel.
Subscription orders can be cancelled up to 24 hours before the day of delivery, otherwise a cancellation fee of up to £7.99 will be charged for the cost of the ride, labor and fuel.
In-Store Pickup orders can be canceled at any point prior to completion.
7. RETURNS. By transacting orders with Licensed Retailers through Drinxin, you acknowledge and accept the right to be bound by Drinxin Returns Policy. However, this Policy does not contradict with and does not distract you from receiving any additional rights granted to you by Licensed Retailers’ Returns Policies. Drinxin Return Policy gives you the right to return any unopened product to the Retailer you ordered from and receive a refund. All we ask is for the products to be returned in a resalable condition with the labels intact and that proof of purchase to be presented. Drinxin will provide a refund or replacement for any products that are faulty. We may require faulty products to be returned to Licensed Retailers. We will arrange this as necessary at your convenience. This does not affect your statutory rights.
In the event that a product is unavailable after an order is placed, we shall contact you to arrange replacement, or another acceptable arrangement for the completion of your order if substitutions have not been selected.
8. ABILITY TO ACCEPT TERMS OF SERVICE AND USER CONDUCT. You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You also agree that:
You are fully able and legally competent to agree to the Terms;
You will not impair or harm the App or Services or attempt to gain unauthorized access to the App in any way;
Your use of the App and/or Services is subject to all applicable laws of the United Kingdom and you will not use the App for any illegal purposes;
We reserve the right to prosecute, to the fullest extent of the law: any attempt by you to misconstrue your age, either directly or indirectly; or any attempt to use Drinxin’s Services to provide alcohol to an individual who is under the age of 18;
You will not access the App or Services, using the account information of someone other than you; without the express consent of the account holder;
You will not impersonate or misrepresent your affiliation with any person or entity;
You will not abuse the Service by creating multiple or duplicate accounts or exploiting any errors in the app or system to gain access to unintended benefits (abusing promo codes, referral programs, etc)
You will not use the App to engage in commercial activities, aside from those sanctioned by Drinxin;
You will not copy or distribute any content from the App;
You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, App, Services, or any of their Content;
You will not interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, App, or Services;
You will not resell the use of the App or Services to a third party;
You will not Encourage or enable any other individual to do any of the foregoing;
It is your responsibility to keep your account password and any identifying information, confidential;
You agree to not use the App in any way that is obscene or offensive; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is likely to harass, upset, embarrass, alarm or annoy any other person;
Any Licensed Retailer may decline your delivery request for any reason.
Drinxin shall not be liable for any loss or damage arising from the User’s failure to comply with the Terms or applicable laws. The Terms will continue to apply until you or Drinxin terminates them as follows: (a) You discontinue using the Services, or (b) Drinxin may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.
Drinxin, Inc. (“Drinxin”, “We” or “Us”) may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your Drinxin account.
By downloading this application, you are voluntarily agreeing to be bound by Drinxin’s Terms of Service. If you do not understand any portion of the Terms, you should not use Drinxin’s Services. You further confirm that you are 18 years of age or older and you will provide government-issued photo identification and a physical credit card used to make the purchase (if requested) upon delivery, to verify your age and identity.
9. USE OF THE APP. You must be at least 18 years of age and resident in the UK to use the App.
Drinxin hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by Drinxin.
In the event of your breach of these App Terms, we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
By ordering from Drinxin, you accept that deliveries of alcohol will only be made to a home address, office address or business address. You will request no deliveries of alcohol to outside spaces, such as parks, festival sites or beaches.
For any deliveries that you do request, Drinxin reserves the right to charge a Rescheduling or Restocking charge of up to £7.99 that will be taken from the Full Purchase Price and will be refunded to you.
Sales will only be delivered to a home address, office address or business address. No deliveries will be made to persons requiring delivery to outside spaces, such as parks, festival sites or beaches.
11. INTELLECTUAL PROPERTY. The Drinxin name and logo, and other Drinxin trademarks, service marks, graphics and logos used in connection with the App are trademarks of Drinxin (collectively “Drinxin Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Drinxin Trademarks and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Drinxin or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Drinxin and its licensors.
12. EXCLUSION OF Drinxin’S LIABILITY.
Nothing in these App Terms shall exclude or in any way limit, Drinxin’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall Drinxin be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
Drinxin shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Drinxin’s liability arising under or in connection with these App Terms and your use of the App exceed £50.
13. LINKS. Our Services may provide links to websites of third parties. Please note that we have no control over and are not responsible for the content of linked websites and accordingly make no warranty or representation as to their contents. We provide these links for your convenience only but we do not necessarily endorse the material on those websites, nor are we in any way responsible for any transaction conducted between you and any such third parties to whose websites we provide a link. You proceed to these websites entirely at your own risk. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission at any time and without notice. If you would like to link to our site for commercial purposes or any purpose not included above, please contact: firstname.lastname@example.org Creation of a link to this Website is without the assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms and Conditions to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
14. OUR COMMUNICATION. Applicable laws require that some of the information or communications we send to you should be in writing. When using these Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OF OUR CONTROL. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Service Terms that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Service Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Service Terms may be performed despite the Force Majeure Event.
16. REGISTRATION. Users of the Website may be required to register to order items from our partner Licensed Retailers. Full access to such material and to the products sold by Licensed Retailers is controlled by username and password. Registered users will be able to access restricted areas of the Website and order items from the Licensed Retailers on the basis that:
usernames and passwords are confidential to individual users and must not be shared anyone else;
registered users provide true, accurate, current and complete information about themselves as requested in the registration form;
if registering on behalf of a business or organisation, the user has authority to enter into these Terms and Conditions (and, if relevant to purchase items) on the business or organisation’s behalf;
each individual, business or organisation may only register once and duplicate, false or dummy accounts are not permitted;
registered users do not do anything that would assist anyone who is not a registered user to gain access to the restricted areas or any material contained therein;
registered users are fully responsible for any use of the Website using their username and password; and
registered users have read and understood these Terms and Conditions.
if you believe someone has accessed the Website using your user name and password without your authorisation, it is your responsibility to notify us immediately and to set a new password. In no event will we be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password. We reserve the right to cancel a registration and/or refuse access to any restricted areas. We shall not be liable for any loss or damages whatsoever arising from a registered user’s inability to access any pages on the Website.
17. WAIVER. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.