Terms & Conditions
Fossil Coast Drinks Co.
YOU MUST BE AND AGREE THAT YOU ARE 18 YEARS OR OLDER TO USE THIS WEBSITE
Last Updated: 8th November 2021
Welcome to the Keystohn Limited who own, operate, and trade as Fossil Coast Drinks Co., as part of Keystohn services ("Services"), hereinafter referred to as (“Fossil Coast Drinks Co.”). Our Terms and Conditions (“Terms”, "Terms of Service", Terms and Conditions") are important because they:
Outline your legal rights
Explain the rights you give to us
Describes the rules everyone needs to follow
OUR PURPOSE & RESPONSIBILITY
Thank you for choosing Fossil Coast Drinks Co (“Fossil Coast Drinks Co,” "Fossil Coast Drinks," “we,” “us,” “our”). We offer users (“User,” “Users,” “Customer,” or Customers”) a platform to learn about and purchase alcoholic products. We offer numerous tools, features, and domains including and not limited to websites, online e-commerce platforms, newsletters, messaging, media players, mobile apps and other online and mobile online and mobile applications herein referred to as Services.
These Services shall be marketed responsibly in accordance with DISCUS (http://www.discus.org/) and SPIRITS (http://spirits.eu/) the representative bodies for producers of spirit drinks, which set out the principles we maintain in all of our sales and marketing activities, including advertising and promotional programs.
OUR TERMS & CONDITIONS
These Terms of Service constitute a binding and enforceable legal contract between Us and You, the User, in relation to the use of our Services. You need to be 18 years or older to use our Services. We reserve the right to withdraw, amend, suspend or terminate indefinitely the Services we provide without notice. We may suspend, terminate, or restrict access to the services we provide on our Services if you have breached these Terms. Our Terms of Service is written in English, and any translation (non-English) version by you that conflicts in any way with its English version, the provisions of the English version shall prevail.
UPDATING OUR TERMS & CONDITIONS
We may occasionally make changes and update these Terms & Conditions, at our discretion and as required by applicable law, to reflect any material changes. If we make any changes that we deem as “material”, we will notify you using one of the notification methods set within our Services. We encourage you to periodically review this page for the latest information on our Terms and Conditions.
You can find a description of our Service options on our website. Certain Service options are provided to you free-of-charge and other options require payment. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with our Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate, or otherwise amend our Service options and any promotional offerings at any time in accordance with these Terms & Conditions.
OUR E-COMMERCE STORE
Alcohol can only be ordered for delivery to the person placing the order over the age of 18 years. We only accept orders from the UK and reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer name, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. In our sole judgment, we reserve the right to limit or prohibit orders.
ACCURATE PURCHASE INFORMATION
Alcohol can only be ordered for delivery to a residential or business address and not to a public place. Customers are reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person under 18.
You agree to provide current, complete, and accurate purchase information for all purchases made at our store including and not limited to your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. We accept major payment cards only. Payment will be debited from your account upon receipt of your order. If the issuer of your payment card refuses to authorize payment, we will not be able to process your order and you will be advised that the transaction cannot be processed. Product orders will be processed within 2 - 5 working days of receipt of payment and will be sent to the shipping address provided. If an order is not received within 7 working days, then please Contact Us quoting your order number.
Alcohol can only be ordered for delivery to a residential or business address and not to a public place. All deliveries are dispatched via an authorised courier service. We cannot deliver to PO Boxes. Our courier service shall be instructed to undertake a Challenge 25 policy of age verification policy and act in accordance with Section 151 of the Licensing Act 2003. Our instructions shall include that we are not knowingly dispatching alcohol for delivery through our authorised courier service to any person anywhere other than at the residential address given when the order was placed. Alcohol will only be delivered to the person who placed the order and whose name appears on the credit/debit card. Alcohol delivery will be refused if the driver considers the person receiving the delivery to be under the influence of alcohol or drugs. If a delivery driver considers the recipient of alcohol to appear under 25, recognised photographic identification will be requested and must be provided evidencing the recipient to be at least 18 years of age before any alcohol is handed over. Alcohol delivery will be refused if the delivery driver believes that the alcohol was purchased on behalf of another person who is not 18 years or older.
For UK deliveries please allow 3-5 working days depending upon destination. We shall provide a tracking code. In the event that something happens which is outside of our control or affects the estimated date of delivery, we shall endeavour to let you have a revised estimated date for delivery of the goods. Delivery of the goods will take place when we deliver them to the address that you gave to us. We cannot deliver the goods if we are unable to properly identify you. You may be required to provide ID upon delivery. Unless you and we agree otherwise if we cannot deliver your goods within 30 days, we will either let you know; cancel your order; and give you a refund.
OPENING DELIVERED PACKAGING
Please take extra care when opening your parcel as the bottles are packed to hold the contents tight and safe while in transit. We will not be held responsible for damages that occur if this is not carried out.
The images of the products on our website are for illustrative purposes only. The packaging of the products may also vary from those shown in the images on our website. Any weights of the products are approximations only unless stated otherwise. We may inform you which suppliers we are using. We reserve the right to change suppliers at any time and without notification. Whilst we will provide general advice, recipes, and instructions relating to our product we accept no liability for any loss, damage, or injury arising as a result of the advice, recipes, or instructions provided to you on our website or in conjunction with any of our products.
If you have an allergy, you are responsible for checking our packaging and website to ensure that a product does not contain a relevant allergen to you. If you are not sure, please Contact Us. Our products may contain and are packed in a facility where allergens may exist including cereals containing gluten (wheat, rye, barley and oats), crustaceans, eggs, fish, peanuts, nuts, soybeans, milk, lactose, nuts, celery, mustard, sesame, sulphur dioxide and sulphites, lupin and molluscs. Any severe allergy sufferers should Contact Us before placing an order.
RETURNS & REFUNDS POLICY
You have the right to cancel at any time from the moment you place your online order, and up to 14 days from the day you receive your goods. After 14 days from the receipt of goods, we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase. Once your return is received and inspected by us, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. If you are shipping an item(s) over £50.00, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, please Contact Us quoting your order reference number.
SERVICE LIMITATIONS AND MODIFICATIONS
We will make reasonable efforts to keep our Service operational. However, certain technical difficulties, maintenance or testing, or updates may be required to reflect changes in relevant laws and regulatory requirements, which may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of our Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand, agree, and accept that we will make reasonable efforts, although we have no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. We and/or the owners of any content may, from time to time, remove any such content without notice.
THIRD PARTY APPLICATIONS
Our Service(s) are integrated with or may otherwise interact with third-party applications, websites, and services to make our Services available to you. These third-party services may have their own terms and conditions of use and privacy policies and your use of these third-party services will be governed by and subject to their terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third-party service or for any transaction you may enter into with the provider of any such third-party service.
LINKS FROM OUR SERVICES
Where our Services contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
In order to use our Services, there are certain obligations and conditions you need to meet. Our Service and our platform are the property of Keystohn. The Keystohn and Fossil Coast Drinks Co brand and any and all trademarks, service marks, trade names, logos, domain names, and any other features of our Service are the sole property of Keystohn or its licensors. The use of our Service(s) does not grant you any rights to their use for any commercial or non-commercial use. Our Service, software applications, features, and content are not sold or transferred to you, and we and our licensors retain ownership of all copies of the software applications and content.
You acknowledge and agree that your failure to abide by any of the foregoing obligations may result in the immediate termination of your access to the Services provided to you with or without further notice to you, and without any refund of amounts paid on account of any such Services.
You agree and undertake not to:
a) copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble our Services, or any part thereof, any Content or Third-Party Services.
b) use, upload, insert, collect or otherwise make available and display in any way, or publicly display, perform, transmit or distribute any Content which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates our rights or any third party, including any intellectual property rights, privacy rights, contractual or fiduciary rights, or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval
c) use any illegal method or action to collect login data and/or passwords for other websites, third parties, software, or services; phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
d) publish and/or make any use of our Services to “deep link”, “page-scrape”, mirror, and/or create a browser or border environment around any of our Services;
e) use any “robot”, “spider” or other automatic devices, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of our Services, data, and/or Content, or in any way reproduce or circumvent the navigational structure or presentation of any of our Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through our Services;
f) act in a manner which might be perceived as damaging to our reputation and goodwill or which may bring us into disrepute or harm;
g) purchase search engine or other pay per click keywords, or domain names that use our brand name and/or variations and misspellings thereof;
h) impersonate any person or entity or provide false information on our Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or communication you send to us and/or any Users;
i) falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, your business, your, or any statement you make;
j) reverse look-up, trace, or seek to trace another User of our Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of our Services without their express and informed consent;
k) disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to our Services or any other third-party systems or networks connected to our Services, by hacking, password mining, or other illegitimate or prohibited means; probe, scan, or test the vulnerability of our Services or any network connected to our Services;
l) upload, transmit or execute to our Services and/or our platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or communications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services, or otherwise interfere with or disrupt the operation of any of our Services or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
m) use any of our Services or platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising; sell, license, or exploit for any commercial purposes any use of our Services and use of our Content;
n) remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including, and not limited to, copyright mark [©], or trademarks [® or ™] contained;
o) access or use our Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;
p) sell, rent, sublicense or lease of any part of our Service(s) or the Content;
q) circumvent any territorial restrictions applied by us or our licensors;
THE RIGHTS GRANTED TO US
In consideration of the rights granted to you, you grant us the right to:
a) allow our Service to use the processor, bandwidth, and storage hardware on your device(s) in order for us to operate our Service;
b) provide advertising and other information, content, or features that may be influenced by commercial considerations
c) allow our business partners to do the same;
d) enable you to provide feedback, ideas, or suggestions to us in connection with our Service(s), you acknowledge that this feedback is not confidential and you authorize us to use that feedback without restriction and without payment to you.
Our Customers may post, upload, or otherwise contribute content to the Service (“Content,” or "User Content"). We may, but have no obligation to, monitor, review, or edit this Content. In all cases, we reserve the right to remove or disable access to any Content for any or no reason, including Content that, in our sole discretion, violates any of its policies and Terms and Conditions as outlined. We may take these actions without prior notification to you or any third party. Removal or disabling of access to Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific Content.
The integrity of your content on our platform is something we take very seriously and we are committed to operating in a safe, secure, legal, and respectful way. You are solely responsible for all Content that you post. We, for the avoidance of any doubt, are not responsible for any Content you post nor does it endorse any opinion contained in your Content. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of any Services provided to you with or without further notice to you, and without any refund of amounts paid on account of any such Services.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO THE CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND ARISING OUT OF SUCH CLAIM.
You confirm that you own all rights to all content you upload, import, copy or provide to our Services, including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, the information you provide for the purpose of creating content, text, literary works and any other materials, or otherwise have, and will continue to have, the full power, title, licenses, consents, and authority, in and to the Content, as necessary to legally access to, import, copy, use, publish, transfer or license such, by you and us. This Content is and will continue to be, true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display, or otherwise use in connection with our Services.
For customer support with regards to either product and payment-related questions, please Contact Us and we will use reasonable endeavors to respond to all queries within a reasonable time frame but we make no promises that any queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH OUR SERVICE IS TO STOP USING OUR SERVICE. YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER US NOR ANY OWNER OF CONTENT WARRANTS THAT OUR SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
IN ADDITION, WE MAKE NO REPRESENTATION NOR DO WE WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS, OR THE CONTENT THEREOF, CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US OR CONTENT SHALL CREATE ANY WARRANTY ON BEHALF OF US. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
IN NO EVENT WILL KEYSTOHN, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS WHETHER DIRECT OR INDIRECT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND.
If you have any questions concerning our Service please Contact Us