1. About us and these terms
These terms apply when you order goods from Allum Limited, trading as Sparkling Direct ("we", "us" or "our") through sparklingdirect.co.uk.
References to "you" mean the person placing the order. If you are buying on behalf of a business, you confirm that you have authority to bind that business. Separate written terms may apply to corporate, trade or large multiple-recipient orders.
2. Alcohol and age restrictions
You must be at least 18 years old to order alcohol. By placing an order containing alcohol, you confirm that you are 18 or over and that the intended recipient is also 18 or over.
The courier may ask the recipient for acceptable proof of age before handing over an alcohol delivery. Delivery may be refused if satisfactory proof cannot be provided or if the courier reasonably believes that delivery would be unlawful or unsafe.
3. Ordering and formation of the contract
- Please check product, personalisation, recipient, delivery and contact information carefully before submitting an order.
- After you order, we will send an acknowledgement. This confirms that we have received the order but does not necessarily mean that it has been accepted.
- A contract is formed when we accept the order and confirm dispatch, unless we tell you sooner that the order has been accepted.
We may decline or cancel an order before dispatch if, for example, a product is unavailable, payment is not authorised, delivery is not available to the address supplied, we identify an obvious pricing or description error, or we reasonably suspect fraud or unlawful activity. If payment has already been taken, we will refund the amount paid for the cancelled item or order.
4. Products, presentation and personalisation
We take reasonable care to describe and display products accurately. Images are illustrative, and colours, packaging, vintages and presentation may look slightly different because of screen settings, manufacturer changes or seasonal availability.
If an item becomes unavailable after you order, we may contact you to offer a suitable alternative or a refund. We will not make a material substitution without giving you an appropriate choice.
Personalised products
You are responsible for checking all names, dates, messages, photographs and other personalisation supplied with your order. We will normally produce the item using the information submitted by you, including any spelling or formatting errors.
You confirm that you have permission to use any image, name, message or other content you provide and that it is not unlawful, abusive or infringing. We may refuse inappropriate personalisation. This does not affect your rights if a personalised item is faulty, damaged or not as described.
5. Prices and payment
Prices shown on the website include VAT where applicable. Standard UK delivery is included where the relevant product or offer says that it is included. Charges for premium delivery, Saturday delivery, remote areas or other optional services will be shown before you complete checkout.
Website payments are processed through PayPal. You do not need to hold a PayPal account where PayPal offers card checkout. Payment must be authorised before an order can be processed. PayPal's own terms and privacy information also apply to its payment services.
If a price is obviously incorrect and could reasonably have been recognised as an error, we may cancel the affected order and refund any payment rather than supply at the incorrect price.
6. Delivery
Available delivery services, dates and any charges are shown on the website or at checkout. Next-day delivery depends on the ordering cut-off displayed on the website, product availability, successful payment and the delivery postcode. Orders placed after the cut-off are processed on the next available working day.
We will use reasonable care to deliver on the requested or estimated date. Couriers can occasionally be delayed by weather, traffic, access restrictions, industrial action or other events outside our reasonable control. We will contact you when we become aware of a significant problem and will explain the available options.
Delivery information
- You are responsible for providing a complete and accurate delivery address, postcode, recipient name and useful contact information.
- If delivery is to a workplace, hotel, hospital, university or other managed building, delivery to its authorised reception or mailroom may complete the delivery.
- If no one can accept the parcel, the courier may follow its normal safe-place, neighbour, collection or redelivery procedure where appropriate.
- Additional arrangements or charges may apply where delivery fails because the address was incorrect, access was unavailable, the recipient could not be verified as an adult, or no permitted delivery option was available. We will explain any charge before arranging it.
For consumer orders, responsibility for the goods passes to you or the recipient when the goods are delivered into the physical possession of you, the recipient or another person you have identified to receive them.
7. Changes, cancellation and returns
Before dispatch
Contact us as soon as possible if you want to change or cancel an order. We will help where we reasonably can, but personalised items can enter production quickly and dispatched orders cannot normally be changed.
Consumer cancellation rights
For most non-personalised goods bought online, a consumer may tell us that they wish to cancel within 14 days after the goods are received. After telling us, the consumer normally has a further 14 days to return the goods.
To cancel, email info@sparklingdirect.co.uk or call 01380 871 686 with the order number and details of the item. We will provide return instructions.
Exceptions
The statutory right to change your mind does not normally apply to:
- goods made to your specification or clearly personalised;
- goods that are liable to deteriorate or expire rapidly; or
- sealed goods that are not suitable for return for health protection or hygiene reasons once unsealed.
These exceptions do not remove your rights where goods are faulty, damaged or not as described.
Returning unwanted goods
You must take reasonable care of goods and return them securely. You may inspect them as you would in a shop, but we may reduce a refund to reflect loss in value caused by unnecessary handling. Unless goods are faulty, damaged or incorrect, you are responsible for the direct cost of returning them.
For a valid cancellation, we will refund the price paid and the cost of the least expensive standard delivery service offered for the order. We will make the refund within 14 days after we receive the returned goods or, if earlier, after you provide satisfactory evidence that they were sent back. A refund may be withheld until then.
Model cancellation form
You may copy and send the wording below, although you do not have to use this form:
To: Allum Limited trading as Sparkling Direct, 15 Semington Turnpike, Semington, Trowbridge, England, BA14 6LB; info@sparklingdirect.co.uk
I/We give notice that I/We cancel my/our contract for the sale of the following goods:
Order number and description of goods:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s), if sent on paper:
Date:
8. Damaged, faulty or incorrect goods
Please inspect the order when it arrives and contact us promptly if an item is damaged, faulty, missing or not what you ordered. Include the order number and, where practical, clear photographs of the product and packaging so that we can resolve the issue quickly.
Depending on the circumstances and your legal rights, we may offer a replacement, repair, price reduction or refund and arrange or reimburse an appropriate return. Nothing in these terms limits your rights under the Consumer Rights Act 2015 or other applicable consumer law.
9. Refunds
Refunds are normally made using the original payment method. The time taken for a refund to appear after it is issued can depend on PayPal, your card issuer or your bank. We will tell you if a different method is necessary.
11. Business and corporate orders
Consumer cancellation rights do not apply when an order is placed wholly or mainly for business purposes. Large, bespoke, branded or multiple-address orders may be subject to a quotation, minimum quantity, production timetable, deposit or separate written terms agreed before we begin work.
12. Our responsibility to you
We are responsible for foreseeable loss or damage caused by our breach of these terms or failure to use reasonable care and skill. Loss is foreseeable if it was an obvious consequence or if both you and we knew it might happen when the contract was made.
If you are a consumer, we supply products for private use and are not responsible for business losses such as loss of profit, revenue, contracts, opportunity or business interruption.
Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or your statutory consumer rights.
13. Events outside our control
We are not responsible for delay or failure caused by an event outside our reasonable control. We will take reasonable steps to reduce the effect, keep you informed and resume performance when possible. If a serious delay means the order can no longer serve its intended purpose, contact us so that we can discuss the available cancellation or refund rights.
14. Website content and intellectual property
Website text, design, branding, photographs and other content belong to us or our licensors and are protected by intellectual property law. You may use the website for personal shopping and information but must not copy, scrape, reproduce or commercially exploit its content without permission.
Links to third-party websites are provided for convenience. We are not responsible for their content or services.
15. General terms
If a court finds part of these terms unlawful or unenforceable, the remaining parts will continue to apply. A delay in enforcing a right does not waive that right. No person other than you and us has a right to enforce the contract, except where the law provides otherwise.
We may update these terms for future orders. The terms that apply to an order are those in force when the contract for that order is made.
16. Law and jurisdiction
These terms are governed by the law of England and Wales. If you are a consumer resident elsewhere in the United Kingdom, you retain the protection of any mandatory laws that apply where you live and may bring proceedings in the courts available to you under applicable law.