Terms and Conditions of Membership
1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply The Cocktail Card, and your membership (“membership”). Please read these terms and conditions carefully and make sure that you understand them, before ordering a Cocktail Card from our site and becoming a member. You should understand that by ordering a Cocktail Card, you agree to be bound by these terms and conditions.
1.2 You should print a copy of these terms and conditions for future reference.
1.4 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you ordered a Cocktail Card from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
2. Information about us
3. Your status
3.1 By placing an order for a Cocktail Card through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
3.2 The Cocktail Card is only available to customers 18 or over. Anyone placing an order for The Cocktail Card under the age of 18 will receive a full refund and have their membership refused.
4. How the contract between you and us is formed
4.1 After placing an order for a Cocktail Card, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to become a member. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that a Cocktail Card has been dispatched and your membership has begun. The contract between us will only be formed when we send you a dispatch confirmation for your personal membership card.
5.1 The Cocktail Card is an on-going subscription service so your membership is continuous and your membership is renewed automatically at the end of each membership year, each membership year being 12 months from the date we confirm you have become a member. If you do not want to renew your membership you should contact us no later than 14 days from the end of the current term. You can contact us by emailing us at firstname.lastname@example.org Your membership may only expire at the end of the current term.
6. Consumer rights
6.1 You have the right to cancel your initial registration of membership with us within 7 working days from your receipt of your membership documentation (“cooling off period”). The membership documentation constitutes your welcome letter with personal plastic membership card. If you cancel your membership within the cooling off period, you will be entitled to a full refund of your membership.
6.2. You may also cancel your initial registration of membership with us after the 7 working day period referred to above but within 30 days of your initial registration (“cancellation period”). If you cancel your membership within the cancellation period, you will be entitled to a refund of your membership fee, less a pro-rata charge for the period of cover.
6.3 To cancel your membership, you must email us at email@example.com
6.4 Refunds will be subject to return of your Cocktail Card within 30 days of your cancellation and you will be responsible for the cost of returning your personal membership plastic card. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiry of the cancellation period.
7. Availability and delivery
7.1 We will endeavour to send you your personal membership Cocktail Card and membership documentation within 7 days of our confirmation of your acceptance as a member, unless there are exceptional circumstances.
7.2 If you do not receive your Cocktail Card within 7 days of confirmation of your acceptance you must contact us to request a replacement.
7.3 The delivery charge is a £1.75 flat rate, sent by Royal Mail First Class Tracked service.
8. Price and payment
8.1 The price of membership will be as quoted on our site from time to time, except in cases of obvious error.
8.2 The cost for a replacement card should you require one will be £15.
8.3 Prices include VAT.
8.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
8.5 Payment must be by credit or debit card or PayPal, or by such other method as we may agree from time to time. We will charge your credit or debit card when your order is placed.
9. Participating merchants and use of your Cocktail Card
9.1 The Cocktail Card provides members access to a range of products and services from The Cocktail Card and/or merchants specialising in providing 50% off the menu price of Cocktails or Buy One get One Free, during participating hours throughout the United Kingdom.
9.2 You can search for participating merchants on our site. Whilst we will endeavour to update our site to accurately reflect the details of participating merchants, such merchants are subject to change at any time. Participating merchants may be entitled to withdraw from the programme or amend their service offerings after you have become a member without notice to you and we shall have no liability to you for any such withdrawals or amendments. No warranties or representations are made as to the number, quality or identity of actual merchants and/or services offered by merchants. Members will have the benefit of any additional merchants that join the programme at a later date and any increase in availability of participating merchants.
9.3 Offers advertised on our site are only available to members who present The Cocktail Card. Such offers are not available in conjunction with any other offers that participating merchants may be running.
9.4 The expiry date of each Cocktail Card will vary and will always be checked at each participating merchant. Expired Cocktail Cards are not accepted by participating merchants. Cocktail Cards and memberships are strictly non-transferable and can only be used by named members. Any attempted misuse of a Cocktail Card may result in confiscation.
10. Our liability
10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable for the membership fee.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
10.2.1 loss of income or revenue;
10.2.2 loss of business;
10.2.3 loss of profits; or
10.2.4 loss of anticipated savings.
10.3 Nothing in this agreement excludes or limits our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
10.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.4 Any liability in connection with services or products provided by our participating merchants shall be the liability of that participating merchant. We accept no liability for any bad experiences with the products or services provided by any of the participating merchants. We will not become involved in any dispute between you and any merchant.
10.5 We do not give any warranty for any goods or services accessed though, or displayed on, our site.
11. Written communication
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our 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.
12.1 All notices given by you to us must be given to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.1 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
14.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15. Third party rights
15.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
16 Entire agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
17 Law and jurisdiction
17.1 This agreement shall be interpreted in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.