Terms and Conditions

4th Dec 2019

Welcome to Nix & Kix’s Terms and Conditions

Nix & Kix are in the business of making great tasting drinks, but, as in any business, we have to get the legal bits right. So here are our terms and conditions which will apply if you are using this site and/or placing an order with us. Please take a moment, enjoy a refreshing beverage while you read these terms and conditions as well as our privacy policy before placing your order. These terms apply to goods ordered via the internet or by phone. We reserve the right to vary these terms and conditions at any time, but in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when placing your order.

General Online Terms and Conditions

Use of the Website

To register with www.nixandkix.com and purchase goods from our website, you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.  You must inform us immediately of any changes to the information that you provided when registering, by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.

We reserve the right to:- decline a new customer registration or suspend a customer’s account at any time and at our sole discretion- in our absolute discretion, to terminate your access to all or part of the services with or without notice- in our absolute discretion, to discontinue the website or services, or any part thereof, at any time, with or without notice.

Availability

Goods are subject to availability.  Our acceptance of your offer to purchase our goods is subject to their availability. Our acknowledgement of order acceptance via the web or email is not a guarantee of delivery. If we are unable to deliver the goods which you have offered to purchase, we will let you know as quickly as possible and a full refund will be given. Orders that include sale items may be sent incomplete if certain sale lines are out of stock. Your card will be refunded and you will be notified as above.

Pricing, Description and Product Information

The prices which you must pay for the products that you order are set out on the website at the time you place your order (plus a delivery charge), except where we discover an error in the price of the products you have ordered. In this event, we will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you, we will treat the order as cancelled. The prices quoted on this website apply only to products sold via this website.  Where the same products are available via another stockist different prices may apply. All prices are shown in £ sterling and include VAT where applicable. Although we will take all reasonable care to ensure that all descriptions, details and prices of products appearing on the website are correct at the time when the information was entered onto the system, the information appearing on this website at any time may not reflect the exact position at the moment you place an order.

Placing an Order and Order Acceptance

The Order Acknowledgement email and order number are our confirmation of your order with us.  Completion of the contract between you and us will take place on dispatch to you of the products ordered, unless we have notified you that we do not accept your order, or you have cancelled it.  Our carrier will make every reasonable effort to contact you to make delivery, but, if they are unable to do so, then your order will be cancelled and payment refunded to your card.

Delivery

Provided that we have processed and received payment in full for the products, ownership of an item will pass to you once we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item has been delivered, risk of damage to, or loss of, the item passes to you.

Cancellations and Returns

You have the right to cancel or return your order up to 7 working days following receipt of your goods. This includes your right to cancel your order under the distance selling regulations. You will receive a full refund including the original postage and packaging for the order if the charge was levied with your original order and it is returned in full. If your order has already been dispatched please refer to our returns information. We hope you are happy with any product purchased, but if you wish to return a product to us for any reason you may do so within 30 days of the dispatch date. It must be in a saleable condition and in its original undamaged packaging. We will refund the price or replace the product. Return delivery charges will only be refunded in the event of faulty, damaged or incorrect items being sent to you. This does not affect your statutory rights. Other than for defective products, returns outside the timeframe set out above may be accepted at the sole discretion of Nix & Kix. Please contact Nix & Kix by email pickmeup@nixandkix.com or call 077 6759 1722 for information about returning items to us. All returned items must be sent to Nix & Kix, 25 Lavington Street, London SE1 0NZ.

Refunds and Exchanges

All refunds will be made to the debit or credit card on which the original purchase was made, within 30 days of the cancellation of the order or return of the goods. In the event that Nix & Kix is unable to credit your original method of payment, we will contact you to arrange an alternate method of refund.

Promotions and Discounts

In order for a promotion or offer to be applied to your order, a valid promotion code must be entered into the promotion code box on the basket page. Nix & Kix cannot be held liable for not discounting the order if a valid code has not been entered. If placing an order by telephone you must quote the promotion code before placing your order. Promotions and promotion codes are subject to the terms and conditions specified by Nix & Kix at the point of purchase. Only one code can be used per order.

Website Changes and Update

In order to keep our website as accurate and as up to date as reasonably possible, it may be necessary, from time to time, to restrict access to the site in order to undertake necessary maintenance work. We will make every effort to ensure that any down time or restricted access is kept to a minimum. Registration data and certain other information about you is subject to our privacy policy.  We recommend that you read our privacy policy before you accept these terms and conditions.

Intellectual Property and Copyright

The content of the www.nixandkix.com website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disc (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from Nix & Kix.

Limitations

This website and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Indemnity

You agree to indemnify and hold Nix & Kix harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via the Nix & Kix website, or from your use/misuse of the website, or the use/misuse by any person for whom you are responsible or from your violation of the terms and conditions.

Governing Law

The contract between you and Nix & Kix under which you have made your purchases, it is agreed, shall be governed by, and interpreted in accordance with, English law. The English courts shall have jurisdiction to resolve any disputes between us. This does not affect your statutory rights.

Company Details

Registered office: Nix & Kix Ltd, 86-90 Paul Street, London EC2A 4NE.

Company registration number: 09270784

 

Prize Promotion T&C’s

Background:

The terms and conditions set out below (the general terms) apply to all prize draws, competitions and other prize promotions (promotions) which we run. Each promotion will also have its own set of specific terms and conditions and these will be communicated to you as part of the promotion (either on-pack, online or by some other means) (the specific terms).

Together, the general terms and applicable specific terms comprise the promotion terms. By entering a promotion, you agree to be bound by the promotion terms. This means you should read and treat the general terms and applicable specific terms as one set of terms. However, if there is any contradiction or inconsistency between the two, the specific terms will take priority over the general terms.

The general terms:
1. Entry is open to all legal residents of the UK, Channel Islands and Isle of Man aged 16 or over, except: (i) our employees; (ii) the employees of any third party helping us with the promotion (e.g. our marketing agency).
2. We may carry out verification checks to confirm your eligibility to enter (including requesting proof of ID (e.g. a current passport or driver’s licence) or proof of address (e.g. a recent utility bill)). If you need to purchase one of our products to enter, you must retain your receipt and winning product for verification.
3. Please see specific terms for opening date, closing date and entry instructions.
4. You must submit your own entry. Bulk, group or third party entries will not be accepted. Entries submitted using automated entry software or any other mechanical or electronic means that enable a person to enter repeatedly will not be accepted.
5. We will have no responsibility for, and will not accept, any entries that are lost, delayed, incomplete, illegible, damaged or corrupted (including as a result of postal delays, technical issues with your mobile, tablet, computer or connectivity, or technical issues with our website). Proof of sending does not constitute proof of receipt.
6. If the promotion involves the submission of audio, video, text, images or other content, you must ensure your submission: (i) is not copied from a third party; (ii) does not otherwise infringe a third party’s intellectual property rights; (iii) does not feature any person (living or dead) without their permission; and (iv) does not contain any defamatory, obscene, offensive, hateful, illegal or otherwise unsuitable materials. You will retain any copyright which exists in your submission but, by entering, you grant us a non-exclusive, worldwide, perpetual licence to use your content in any media for our promotional purposes.
7. Please see specific terms for details of: (i) how we will select and notify winners; (ii) how winners will receive, or can claim, their prize; and (iii) any delivery timescales. Prizes will only be delivered within the UK, Channel Islands or Isle of Man. The odds of winning will depend on the number of eligible entries received.
8. Please see specific terms for prize details. We reserve the right to substitute any prize (or an individual aspect of a prize) for an alternative of equal or greater value where we deem it strictly necessary due to events outside our reasonable control. Winners may not transfer the right to accept their prize to another person without our consent. We will not offer cash alternatives to any prizes. Prizes are not negotiable.
9. Winners are responsible for any tax liability they incur as a result of accepting a prize. Winners are encouraged to seek independent financial advice before accepting a prize if the tax implications concern them.
10. Winners are responsible for all incidental costs incurred in enjoying their prize (unless those costs are expressly included as part of the prize). Winners are responsible for obtaining, both for themselves and any guests, any insurance cover which is required or advisable in order to enjoy their prize. Where a prize involves overseas travel, in addition to obtaining travel insurance, winners are responsible for obtaining, both for themselves and any guests, any necessary visas or clearances, and for obtaining health advice in relation to the travel destination.
11. We may, at our sole discretion, arrange for an alternative winner to be selected on the same basis as the original winner if: (i) the original winner fails to take any of the steps necessary to claim their prize as set out in the specific terms; (ii) we are unable to contact the original winner having made reasonable efforts to do so; (ii) the original winner fails any verification or eligibility checks; (iii) the original winner is disqualified in accordance with the promotion terms; or (iv) the original winner is unable to accept their prize for any reason.
12. We reserve the right to disqualify you if you fail our verification checks or we reasonably believe that you have: (i) breached any of the promotion terms; or (ii) otherwise cheated or jeopardised the integrity of the promotion.
13. We reserve the right to suspend, vary or cancel a promotion where we deem it strictly necessary due to events outside our reasonable control (including where technical issues are affecting the proper running of the promotion or where we suspect fraud). In these circumstances, we will do all we can to minimise any disappointment caused.
14. To the fullest extent permitted by law, we will not be liable to you for any loss, injury or damage which: (i) you suffer by entering a promotion; or (ii) you or your guest(s) suffer in the enjoyment of any prize. However, nothing will exclude or limit our liability in respect of personal injury or death caused by our negligence or for any fraud or fraudulent misrepresentation committed by us.
15. We may run a promotion via Facebook, Twitter, Instagram or another social media channel. If we do, you will need an account with that social media channel in order to enter. You acknowledge that any promotion run via a social media channel is in no way sponsored, endorsed or administered by, or associated with, that social media channel. By entering, you agree to release that social media channel from any and all liability in connection with the promotion. You also understand that any personal details you submit to enter a promotion or claim a prize (see condition 16 for more details) are provided to us and not to that social media channel.
16. We may ask you to supply personal details to enter a promotion or claim a prize (e.g. name, postal address, email address, date of birth etc). The details you submit must be true and up-to-date. By entering, you consent to us using your details in order to run the promotion (including sharing your details with any third party helping us with the promotion (e.g. our marketing agency)). Please see specific terms for information about how else we may use your details. Winners also specifically consent to: (i) us disclosing their name and county as per condition 17; and (ii) taking part in unpaid publicity (e.g. being filmed or taking part in an interview and/or a photo-shoot) which we may use in any media for our promotional purposes. If you do not consent to any of this, please do not enter our promotion. If your details change during a promotion, it is your responsibility to notify us otherwise you may miss out on a prize.
17. Please write to “FAO: Nix & Kix Marketing Team – [Insert Promotion Name]” at the address below within 3 months of the applicable closing date for the names and counties of major prize winners.
18. Our decision in relation to all matters relating to our promotions will be final.
19. Promoter: Nix & Kix Ltd, 86-90 Paul Street, London EC2A 4NE

Note: We may update the general terms from time to time. You should check this page regularly to ensure you are up-to-date because any changes will apply from the date they are made.