Terms of service
TERMS & CONDITIONS OF SALE AND WEBSITE USE
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER.
By placing an order you confirm that you accept these Terms and that you are aged 18 or over.
We only sell alcohol to those aged 18 or over. It is a criminal offence to buy or attempt to buy alcohol if you are under 18, or to buy alcohol on behalf of someone under 18.
We operate a Challenge 25 policy. If the person receiving a delivery appears to be under 25, our courier will ask for photographic ID. If they cannot produce it, the delivery will not be completed.
LUMA is 4% ABV. Please drink responsibly. For information and support visit drinkaware.co.uk.
You can save or print a copy of these Terms at any time using your browser's print or save function. We will also send you a copy with your order confirmation email in a durable form that you can store and reproduce.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 Who we are
We are LUMA Spritz Ltd, a company registered in England and Wales.
| Company registration number | 17260079 |
| Registered office | 36 Owlstone Road, Newnham, Cambridge, CB3 9JH |
| Trading address | 36 Owlstone Road, Newnham, Cambridge, CB3 9JH |
| hello@lumaspritz.co.uk | |
| Website | www.lumaspritz.co.uk |
| ICO registration number |
In these Terms, "LUMA", "we", "us" and "our" mean LUMA Spritz Ltd. "You" and "your" mean the person placing the order or using our website.
1.2 Our alcohol licensing
Alcohol sold through our website is sold under a premises licence granted under the Licensing Act 2003:
| Premises licence number | [PREMISES LICENCE NUMBER] |
| Issued by | [LICENSING AUTHORITY] |
| Licensed premises address | [ADDRESS] |
| Designated Premises Supervisor | [NAME] |
1.3 How to contact us
Email hello@lumaspritz.co.uk, or write to us at our registered office. We aim to respond to enquiries within two working days.
1.4 How we will contact you
If we need to contact you we will write to you at the email address or postal address you gave in your order. Where these Terms use "writing" or "written", this includes email.
2. THESE TERMS
2.1 What these Terms cover
These are the terms on which we supply products to you through our website, and on which you may use the website itself. They apply to consumers — individuals buying wholly or mainly for purposes outside their trade, business, craft or profession. If you are buying for business purposes, clause 22 applies and modifies certain provisions.
2.2 Other documents that form part of the contract
The following also apply to your order and form part of your contract with us:
- our Delivery Policy;
- our Returns & Refunds Policy;
- our Privacy Policy; and
- our Cookie Policy.
If there is any conflict between these Terms and another document, these Terms take precedence, except where the other document expressly says otherwise or gives you greater rights.
2.3 Changes to these Terms
We may amend these Terms from time to time. The version that applies to your order is the version published on our website when you placed it. We show the version number and effective date at the top of this page. Changes do not affect orders we have already accepted. Where you have an active subscription, clause 10.7 governs how changes are notified.
2.4 Your statutory rights
Nothing in these Terms affects your legal rights as a consumer. In particular, nothing limits or excludes your rights under the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Clause 14.2 summarises your key rights.
3. AGE RESTRICTION
3.1 Minimum age
You must be aged 18 or over to buy alcohol from us, to join our Founding List, or to submit content to us. By placing an order you confirm that you are aged 18 or over.
3.2 Age confirmation on the website
Before entering our website you will be asked to confirm you are aged 18 or over, and you will be asked again before completing checkout. Confirming your age falsely does not create a valid contract and may constitute a criminal offence.
3.3 Challenge 25
We operate a Challenge 25 policy and use courier services that carry out age verification on delivery. Anyone who appears to be under 25 will be asked to produce valid photographic identification before an order is handed over.
Acceptable identification is determined by the courier and may include a valid UK or EU photocard driving licence, a valid passport, a UK Ministry of Defence Form 90, a photographic identity card bearing the PASS hologram, or a biometric residence permit or other UK Government-issued photographic identity document. Photocopies, photographs of documents, expired documents and provisional documents without a photograph are not accepted. Please refer to the courier's own terms.
All alcohol deliveries are made on an age-verified basis. The consequences of a failed age verification are set out in clause 12 and in our Delivery Policy.
3.4 Refusal of service
We may refuse, cancel or withhold any order, and instruct our courier to refuse to complete any delivery, where:
(a) we reasonably believe that you or the person accepting delivery is under 18; (b) satisfactory proof of age is not produced on request; (c) we reasonably believe the alcohol is being bought for a person under 18; (d) the person accepting delivery appears to be intoxicated; or (e) we reasonably believe the order is otherwise being placed in breach of these Terms or of licensing law.
3.5 Criminal offences
Under the Licensing Act 2003 it is a criminal offence to sell alcohol to a person under 18 (section 146); for a person under 18 to buy or attempt to buy alcohol (section 149(1)); to buy or attempt to buy alcohol on behalf of a person under 18 (section 149(3)); and knowingly to deliver alcohol to a person under 18 (section 151).
3.6 Records
We keep records of orders refused, deliveries refused and failed age verifications, with the reason in each case, as part of our licensing compliance and due diligence. Personal data in those records is processed as described in our Privacy Policy.
4. OUR PRODUCTS
4.1 Product descriptions
We take care to describe our products accurately. Descriptions, ingredient listings, nutritional information, alcoholic strength and images are provided in good faith and are as accurate as possible at the time of publication.
4.2 Images and packaging
Images are for illustrative purposes only. We cannot guarantee that your device displays colours accurately, and packaging may vary from that shown.
4.3 Recipe, ingredients and allergens
Formulations, ingredients and nutritional values may change. Always read the label on the product itself before consuming it, particularly if you have an allergy or intolerance. The product label supersedes any information on our website.
4.4 Alcoholic strength
Our products contain alcohol. The alcoholic strength by volume of each product is stated on the product page and on the label, subject to the tolerances permitted by food labelling law.
4.5 Availability
All products are subject to availability. Where a product becomes unavailable after we have accepted your order, clause 7.4 applies.
4.6 Responsible drinking
We support responsible drinking. UK Chief Medical Officers' guidelines advise adults not to drink more than 14 units a week on a regular basis. Further information and support is available at drinkaware.co.uk.
5. HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information as set out in our Privacy Policy, which forms part of these Terms.
Because our website is hosted by Shopify, Shopify also collects and processes personal information about your use of it in order to provide the service. Information you submit may be transmitted to and shared with Shopify and with third parties that may be located outside the UK. Our Privacy Policy explains this in more detail.
6. PRE-LAUNCH RESERVATIONS AND THE FOUNDING LIST
This clause applies where you have registered an interest, joined a waiting list, or made a reservation before our products are available for sale.
6.1 No contract of sale
A reservation, waiting list registration or Founding List signup is not an order and does not create a contract for the sale of goods. No payment is taken and no payment obligation arises.
6.2 What a reservation gives you
A reservation entitles you to the benefits described at the point of reservation, which may include priority access to purchase and a stated price for a stated period. Those benefits are set out in full on the reservation page and in your confirmation email. Prices and quantities are subject to availability.
6.3 Converting a reservation into an order
When products become available we will invite you to place an order. A binding contract is formed only at that point, in accordance with clause 7. You are under no obligation to place an order.
6.4 Cancelling a reservation
You may cancel a reservation at any time, free of charge, by emailing hello@lumaspritz.co.uk or using the unsubscribe link in any email we send you.
6.5 Timings
Any launch date, dispatch date or delivery timing given at the reservation stage is an estimate based on information available at the time and is not a contractual commitment. We will keep you informed if timings change.
7. OUR CONTRACT WITH YOU
7.1 How to place an order
To place an order you must select the products and quantities you want; proceed to checkout and provide your billing address, delivery address, email address and telephone number; confirm that you are aged 18 or over; select a delivery option; review your order, the total price payable including delivery, and these Terms; and submit your order using the button marked "Pay now" or equivalent wording that makes clear the order carries an obligation to pay.
Before submitting your order you can review and correct input errors using the edit or back functions in the checkout.
7.2 Your order is an offer
Your order is an offer by you to buy the products on these Terms. It does not constitute acceptance by us.
7.3 When the contract is formed
The contract between you and us is formed when we send you a Dispatch Confirmation email confirming that the products have been dispatched.
Any acknowledgement we send before that point — including an "Order Received" or "Order Confirmation" email, and any authorisation or reservation of funds by your payment provider — confirms only that we have received your order. It is not acceptance.
If your order contains more than one product, a separate contract is formed for each product when that product is dispatched, and each is subject to these Terms.
7.4 If we cannot accept your order
We may decline or cancel any order, acting reasonably, where:
(a) the product is out of stock or discontinued; (b) we cannot verify that you are aged 18 or over, or we reasonably suspect the order is being placed by or on behalf of a person under 18; (c) there is an error in the price or description (see clause 8.5); (d) we cannot deliver to the address you gave (see our Delivery Policy); (e) your payment is declined or reversed, or we reasonably suspect it is fraudulent; (f) we reasonably believe you intend to resell the products in the course of a business without an appropriate wholesale arrangement with us and, where required, registration under the Alcohol Wholesaler Registration Scheme; (g) the order is for a quantity we reasonably consider inconsistent with personal consumption; (h) supplying the products would breach any law or any condition of our premises licence; or (i) we are prevented by an event outside our reasonable control (see clause 19).
If we cannot accept your order we will tell you in writing as soon as reasonably possible and will not charge you. If we have already taken payment we will refund you in full within 14 days.
7.5 Your order number
We will assign an order number and tell you what it is in our acknowledgement. Please quote it in all correspondence about your order.
8. PRICE AND PAYMENT
8.1 Where to find the price
The price of the products, which includes VAT where applicable, is the price shown on our website when you submit your order, except in the case of an obvious pricing error (see clause 8.5).
8.2 Total price shown before you pay
The total amount payable, including all delivery charges, taxes and any other charges, is displayed at checkout before you submit your order. We will not add charges after you have submitted your order.
8.3 VAT and duty
LUMA Spritz Ltd is not currently registered for VAT. No VAT is charged on our products and we are unable to issue VAT invoices. Prices shown are the total amount payable. Alcohol duty is included in the price where payable.
8.4 Delivery charges
Delivery charges are additional to the product price unless we state otherwise. Applicable charges are set out in our Delivery Policy and shown at checkout before you submit your order.
8.5 What happens if we got the price wrong
If the correct price at the date of your order is higher than the price stated on our website, we will contact you for instructions before dispatch, and no contract will be formed under clause 7.3 unless and until we send a Dispatch Confirmation at the correct price.
In the rare case that a product has already been dispatched before we become aware of an obvious and unmistakeable pricing error that you could reasonably have recognised as a mispricing, we may end that contract, refund any sums you have paid, and require the return of the products at our cost.
8.6 When and how you must pay
You must pay before we dispatch. We accept the payment methods shown at checkout. Payment is processed by our third-party payment provider; we do not store your full card details. Funds are taken when you submit your order. Where funds are taken before the contract is formed under clause 7.3, they are held on account for you and refunded in full if we do not accept your order.
We do not charge any fee for using a particular means of payment.
8.7 Promotional codes
Promotional and discount codes are subject to the terms published with them. Unless we state otherwise, only one code may be used per order, codes have no cash value, cannot be used with any other offer, and may be withdrawn at any time. We may decline to honour a code obtained or used improperly.
9. DELIVERY
9.1 Our Delivery Policy
Full details of where we deliver, our charges, estimated delivery times, age-verification requirements and what happens if a delivery fails are set out in our Delivery Policy, which forms part of these Terms.
9.2 Delivery timescales
Estimated timescales are shown on the product page, in our Delivery Policy and at checkout. Unless we agree a longer period with you, we will deliver within 30 days of the day the contract is formed.
9.3 If we are late
If we miss the delivery deadline you may treat the contract as at an end straight away if we have refused to deliver, if delivery within the deadline was essential taking into account all the circumstances, or if you told us before we accepted your order that delivery within the deadline was essential.
Otherwise you may give us a new and reasonable deadline, and treat the contract as at an end if we do not meet it. If you end the contract under this clause we will refund all sums paid for undelivered products without undue delay.
9.4 If you are not available to take delivery
Because our products are age-restricted, they cannot be left unattended, with a neighbour, or in a safe place. Clause 12 and our Delivery Policy set out what happens if nobody aged 18 or over is available to accept delivery and produce proof of age.
9.5 Risk and ownership
Risk in the products passes to you when we deliver them to the delivery address you gave us. Ownership passes to you at the same time, provided we have received payment in full.
9.6 Delivery outside the United Kingdom
We currently sell and deliver only within the United Kingdom, subject to the exclusions in our Delivery Policy. We do not accept orders for delivery outside the United Kingdom.
9.7 Reasons we may suspend supply
We may suspend supply to deal with technical problems, to update a product to reflect changes in law or regulation, or to make changes you have requested. We will tell you in advance unless the problem is urgent. If we suspend supply for longer than 14 days you may contact us to end the contract and we will refund any sums paid in advance for products you have not received.
10. SUBSCRIPTIONS
This clause applies if you subscribe to receive recurring deliveries.
10.1 What you are agreeing to
You agree to receive the products you selected at the frequency you selected, and to pay the subscription price for each delivery, until the subscription is cancelled by you or by us.
10.2 Key terms shown before you subscribe
Before you subscribe we will show you clearly: the products included; the price of each delivery; the delivery frequency; the date of your first charge; the date of your next charge; the minimum term, if any; and how to cancel. You must give express consent to those terms before the subscription starts.
10.3 Recurring payments
By subscribing you authorise us, through our payment provider, to charge your chosen payment method automatically on each renewal date at the price then applying, until the subscription is cancelled. Please keep your payment details up to date.
10.4 Reminders
We will email you at least 7 days before each charge is taken, stating the amount, the date it will be taken, and how to cancel or amend your subscription.
10.5 Your right to cancel each delivery
Each delivery under a subscription is a separate distance contract. Your statutory 14-day cancellation right applies to each delivery, as explained in our Returns & Refunds Policy.
10.6 How to cancel your subscription
You may cancel at any time, for any reason, with no cancellation fee, using the cancel function in your account or the management link in every subscription email, or by emailing hello@lumaspritz.co.uk.
We will acknowledge your cancellation in writing. Cancellation takes effect immediately for any delivery for which payment has not yet been taken. If you cancel after payment has been taken but before that delivery has been dispatched, we will cancel that delivery and refund you in full.
We will not require you to telephone us, to give a reason, or to take any step that is not reasonably necessary to cancel.
10.7 Changes to subscription prices and terms
We may change the price or contents of a subscription on at least 30 days' written notice. If you do not wish to accept the change you may cancel before it takes effect and you will not be charged the new price. If you do not cancel, the change applies from the date stated in our notice.
10.8 Pausing
Where we offer the option to pause a subscription, you may do so using the management link in your subscription emails or by contacting us.
10.9 Age verification
Subscription deliveries are subject to the same age-verification requirements as all other deliveries. A failed age verification may result in the suspension or cancellation of your subscription.
10.10 Ending a subscription by us
We may end a subscription on at least 30 days' written notice, or immediately where clause 13.2 applies. We will refund any sums paid in advance for deliveries you will not receive.
11. YOUR OBLIGATIONS
You agree that:
(a) you are aged 18 or over; (b) all information you provide is accurate, current and complete; (c) you will not order alcohol on behalf of any person under 18; (d) you will ensure a person aged 18 or over is available at the delivery address to accept delivery and produce proof of age if requested; (e) you are authorised to use the payment method you provide; (f) you will not resell our products in the course of a business without our written agreement and, where required by law, registration under the Alcohol Wholesaler Registration Scheme; (g) you will not use our website or products for any unlawful purpose; and (h) you will not use our website in any way that causes damage to it or impairs its availability.
You are responsible for making sure the delivery address you give us is correct and complete.
12. FAILED DELIVERY AND FAILED AGE VERIFICATION
12.1 Delivery attempts
Our courier will make up to two delivery attempts. On each attempt, delivery can only be completed to a person aged 18 or over able to produce satisfactory proof of age if requested.
12.2 What counts as a failed delivery
A delivery is treated as failed where nobody is available at the address to accept it; the only person available appears to be under 18 and cannot or will not produce satisfactory proof of age; the person available refuses to produce proof of age; the person available appears to be intoxicated; or the address given cannot be located or is not a valid delivery address.
12.3 What happens next
The courier will leave a card or send a notification with instructions. Depending on the courier's service you may be able to arrange redelivery or collection from a designated point, where the same age-verification requirements apply. If delivery cannot be completed within the courier's holding period, the parcel is returned to us.
12.4 Refunds after a failed delivery
Where a parcel is returned to us following a failed delivery or failed age verification:
(a) we will contact you to establish whether you would like redelivery or to cancel the order; (b) if you ask for redelivery, we may charge a redelivery fee to cover the additional cost we incur, which we will tell you about before we redeliver; (c) if you ask us to cancel, or if we cannot reach you within 14 days, we will cancel the order and refund the price paid for the products; (d) where the failure was not caused by us, we may deduct from your refund the cost of the original outbound delivery and the cost of return carriage, up to the actual amount we incurred.
This clause does not apply where you are exercising your statutory right to cancel under clause 13.1; in that case our Returns & Refunds Policy governs the refund.
12.5 Incorrect addresses
If you give us an incorrect or incomplete delivery address and the parcel is returned to us or delivered to the wrong address as a result, we will treat this as a failed delivery under clause 12.4.
12.6 Records
We keep records of all refused and failed deliveries, including the date, order number, reason and courier's report, as part of our licensing due diligence. These are retained as set out in our Privacy Policy.
13. ENDING THE CONTRACT
13.1 Your right to end the contract
You have a legal right to change your mind and cancel within 14 days of receiving the products, and to receive a refund. Full details are set out in our Returns & Refunds Policy. Your rights where something is wrong with the products are set out in clause 14.
13.2 Our right to end the contract
We may end the contract by writing to you if:
(a) you do not make a payment when due and still do not pay within 7 days of our reminder; (b) you do not, within a reasonable time of us asking, provide information necessary for us to supply the products; (c) you do not, within a reasonable time, allow us to deliver, or you refuse to accept delivery; (d) we discover that you or the intended recipient is under 18; (e) we reasonably believe you are in breach of clause 11; or (f) we are required to do so by law or by a condition of our premises licence.
We will refund any money you have paid in advance for products we have not provided, but may deduct reasonable compensation for the net costs we incur as a result of your breaking the contract.
13.3 We may withdraw a product
We may write to you to let you know we are going to stop providing a product. We will tell you in advance and refund any sums paid in advance for products that will not be provided.
14. IF THERE IS A PROBLEM WITH THE PRODUCTS
14.1 How to tell us
Contact us as soon as possible at hello@lumaspritz.co.uk, quoting your order number and describing the problem. Photographs are helpful where products have arrived damaged.
14.2 Summary of your legal rights
We are under a legal duty to supply products that conform with this contract. Nothing in these Terms affects your legal rights.
Under the Consumer Rights Act 2015, goods must be as described, of satisfactory quality, and fit for purpose. If they are not, you have a short-term right to reject them and obtain a full refund within 30 days of delivery. After 30 days you are entitled to a repair or replacement, and to a refund if that fails.
Visit www.citizensadvice.org.uk or call 0808 223 1133 for more detailed information on your rights.
14.3 Damaged in transit
If your parcel arrives damaged, please tell us within 48 hours if you can, with photographs of the packaging and the products. Reporting quickly helps us claim against our courier and resolve your issue faster.
Telling us later does not affect your statutory rights under clause 14.2 and does not prevent you obtaining a remedy. Please do not post damaged cans back to us unless we ask you to.
14.4 Lost deliveries
If your order has not arrived by the estimated delivery date, please check the tracking information, any card left by the courier, and with others at your address. If it still has not arrived, contact us and we will investigate with the courier.
We treat a parcel as lost once the courier's investigation period has passed, usually 10 working days from the expected delivery date for standard UK services. Once confirmed lost, we will either resend your order or refund you in full including the delivery charge, at your option.
We remain responsible to you for the products until they are delivered. It is our responsibility, not yours, to pursue any claim against the courier.
14.5 Wrong or missing items
If we send the wrong product, or an item is missing, contact us and we will put it right at no cost to you. We will arrange and pay for the return of any incorrect item.
14.6 Return costs
Where you are entitled to a refund, repair or replacement because of a problem with the products, we pay the costs of return. Our Returns & Refunds Policy explains how to arrange this.
14.7 What we may need from you
Where a product is faulty we may ask for the batch code and best-before date printed on the can, photographs, and in some cases the return of the product, so that we can meet our food-safety traceability obligations. We will not unreasonably delay your remedy while we investigate.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
15.1 What we do not exclude
Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence or that of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) breach of your legal rights in relation to the products, including the right to receive products which are as described, of satisfactory quality and fit for purpose; (d) defective products under the Consumer Protection Act 1987; or (e) any other liability which cannot be limited or excluded by law.
15.2 Foreseeable loss
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill. Loss is foreseeable if it is obvious that it will happen, or if both parties knew it might happen when the contract was made.
15.3 Unforeseeable loss
We are not liable for loss or damage that was not foreseeable when the contract was made.
15.4 Business losses
Subject to clause 15.1, we are not liable for business losses. We supply products to consumers for domestic and private use.
15.5 Cap on liability
Subject to clauses 15.1, 15.2 and 15.3, our total liability in respect of any single order will not exceed the greater of £100 and twice the total price paid for that order.
15.6 Alcohol consumption
Our products contain alcohol. You are responsible for your own consumption and for the consumption of anyone you supply our products to. We are not responsible for loss or damage caused by misuse of our products, by consumption contrary to the guidance on the label or our website, or by consumption by any person for whom alcohol is unsuitable.
15.7 Website availability and content
We do not guarantee that our website will always be available or uninterrupted, and may suspend, withdraw or restrict it for business or operational reasons.
Information on our website is provided for general information only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk. This clause does not affect clause 15.1 or your rights in relation to product descriptions under clause 14.2.
16. USING OUR WEBSITE
16.1 Our intellectual property
All intellectual property rights in our website and products — including the LUMA name and word mark, our logos, the sun emblem, our can and packaging designs, our brand colours and typography as applied, our photography, our copy, and the design and look and feel of our website — are owned by or licensed to us. All rights are reserved.
Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names and marks on the website belong to their respective owners.
16.2 What you may do
You may print one copy, and download extracts, of any page for your own personal use, and draw the attention of others to content on our website.
16.3 What you may not do
You must not modify copies of materials you have printed or downloaded; use illustrations, photographs or graphics separately from accompanying text; use any part of the content for commercial purposes without our permission; use, register or apply to register any trade mark, business name, domain name or social media handle identical or confusingly similar to our brand assets; or remove or alter any copyright or proprietary notice.
16.4 Prohibited uses
You may use our website for lawful purposes only. You must not use it for any unlawful or malicious purpose; to infringe anyone's intellectual property rights; to harass, abuse, defame or harm any person; to transmit false or misleading information; to send unsolicited advertising or spam; to impersonate any person or entity; to upload viruses or malicious code; to collect or track the personal information of others; to phish or pretext; to use robots, spiders, scrapers or automated tools to access the website; or to interfere with or circumvent our security measures.
We may suspend or terminate your access at any time if we determine you have breached this clause.
16.5 Automated agents
Where any software or service takes autonomous or semi-autonomous action on your behalf to access or interact with our website, it must identify itself as such in its user agent string, must not conceal that it is automated or mimic human interaction patterns, must not circumvent CAPTCHAs or similar measures, and must respect any measures we use to control automated access. We may limit automated access by technical means.
16.6 Content you provide
If you submit content to us — a review, a photograph, or a social media post that tags us — you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and display that content in connection with our business and the promotion of our products. You confirm that you own or control the rights in it and that it does not infringe anyone else's rights. You must be aged 18 or over to submit content. We may remove content at any time.
16.7 Reviews
Where we display customer reviews, we do not publish, commission or incentivise fake or misleading reviews, and we do not conceal negative reviews. Where a review has been submitted by a person who received a product free of charge or at a discount, we will make that clear.
16.8 Third-party links
Our website may contain links to sites operated by third parties. We are not responsible for their content or accuracy, and we are not liable for any loss arising from your use of them. Please review their terms and policies before engaging with them.
16.9 Errors and omissions
Information on our website may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We may correct these and update or cancel orders where information is inaccurate, subject to clause 8.5.
17. OUR RELATIONSHIP WITH SHOPIFY
LUMA Spritz is powered by Shopify, which enables us to provide our website and store to you. Any sales and purchases you make are made directly with LUMA Spritz Ltd. Shopify is not responsible for any aspect of any sale between you and us, including any injury, damage or loss resulting from purchased products. You release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with us.
Nothing in this clause limits or excludes our own liability to you under clause 15.1 or under the Consumer Rights Act 2015.
18. COMPLAINTS
18.1 How to complain
Contact us at hello@lumaspritz.co.uk with the heading "Complaint", or write to us at our registered office. Please include your order number and a description of the problem.
18.2 What we will do
We will acknowledge your complaint within 5 working days and aim to provide a full response within 14 days. If we need longer to investigate, we will tell you and keep you updated.
18.3 Alternative dispute resolution
We are not currently a member of, and do not commit to using, any alternative dispute resolution scheme. This does not affect your right to bring a claim in court or to seek free advice from Citizens Advice at www.citizensadvice.org.uk or 0808 223 1133.
18.4 Data protection complaints
Complaints about how we handle your personal data are dealt with under our Privacy Policy. You have the right to complain to the Information Commissioner's Office.
18.5 Licensing concerns
If you have a concern about our licensed activities, you may contact us at hello@lumaspritz.co.uk or contact the licensing authority named in clause 1.2.
19. EVENTS OUTSIDE OUR CONTROL
We are not liable for any failure or delay in performing our obligations caused by an event outside our reasonable control. This includes strikes and industrial action; civil commotion, riot, terrorist attack or war; fire, explosion, storm, flood, earthquake, epidemic, pandemic or other natural disaster; the impossibility of using transport or telecommunications networks; acts or restrictions of any government or public authority; failure of utilities; and the failure of any supplier, courier or subcontractor for reasons themselves amounting to such an event.
If such an event affects our obligations we will contact you as soon as reasonably possible, our obligations will be suspended, and the time for performance extended for the duration of the event. We will use reasonable endeavours to find a solution. If the event continues for more than 30 days, you may contact us to end the contract and receive a refund of any sums paid in advance for products not delivered.
20. OTHER IMPORTANT TERMS
20.1 Transferring the contract
We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing and will ensure the transfer does not affect your rights. You may only transfer your rights or obligations to another person if we agree in writing.
20.2 Nobody else has any rights under this contract
This contract is between you and us. No other person has any right to enforce its terms, except as expressly stated.
20.3 Severance
Each clause operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses remain in full force.
20.4 Delay in enforcing
If we do not insist immediately that you do anything required under these Terms, or delay in taking steps against you, that does not mean you need not do those things or prevent us taking steps later.
20.5 Entire agreement
These Terms, together with the documents referred to in clause 2.2, constitute the entire agreement between you and us in relation to your order. Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation, or affects your statutory rights.
20.6 No partnership or agency
Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and us.
21. GOVERNING LAW AND JURISDICTION
21.1 Governing law
These Terms, their subject matter and their formation, and any non-contractual disputes arising out of them, are governed by the law of England and Wales.
21.2 Jurisdiction
You and we agree that the courts of England and Wales have exclusive jurisdiction, except that:
(a) if you live in Scotland, you may bring proceedings in either Scotland or England and Wales; and (b) if you live in Northern Ireland, you may bring proceedings in either Northern Ireland or England and Wales.
21.3 Mandatory consumer protection
Nothing in this clause deprives you of the protection afforded by provisions that cannot be derogated from by agreement under the law of the part of the United Kingdom in which you are habitually resident.
22. BUSINESS CUSTOMERS
If you are buying in the course of a business, trade, craft or profession, the following modifications apply and override the other provisions of these Terms to the extent of any inconsistency:
(a) the consumer rights described in clauses 13.1 and 14.2 do not apply to you; (b) our Returns & Refunds Policy does not apply to you; returns are at our discretion; (c) our total liability for all losses arising under or in connection with a contract, whether in contract, tort, breach of statutory duty or otherwise, will not exceed the price paid for the products, and we will not be liable for loss of profit, loss of business, business interruption or loss of business opportunity; (d) all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law; (e) you must satisfy yourself that you hold all approvals, registrations and licences necessary to receive, store and sell alcohol, including registration under the Alcohol Wholesaler Registration Scheme where required; and (f) nothing in this clause limits or excludes our liability for the matters in clause 15.1.
Trade customers should contact hello@lumaspritz.co.uk for our separate trade terms.
23. CONTACT INFORMATION
Questions about these Terms should be sent to hello@lumaspritz.co.uk.
LUMA Spritz Ltd hello@lumaspritz.co.uk 36 Owlstone Road, Newnham, Cambridge, CB3 9JH - Registered in England and Wales, Company No. 17260079