What these terms cover. These are the terms and conditions on which we supply our products to you, the consumer. Please note that these terms and conditions do not apply if you are a purchasing from this website for any trade, commercial, business or re-sale purpose. If this applies to you, see LUCOZADEENERGY.COM/ABOUT/TERMS-OF-USE/ for the terms and conditions which are applicable to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Lucozade Ribena Suntory Limited a company registered in England and Wales. Our company registration number is 8603549 and our registered office is at 2 Longwalk Road, Stockley Park, Uxbridge UB11 1BA
How to contact us. You can contact us by telephoning our customer service team at Consumer Care team on 0800 096 3666 or 0330 123 9447 (cheaper on a mobile).
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails
OUR CONTRACT WITH YOU
How we will accept your order. Your order is an offer to us to buy the products in your order. Once you have placed an order to purchase products from us, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the products. Our acceptance of your order will take place when we dispatch the products to you and send you an email confirming that we have dispatched the products to you, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by phone and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or such other reason as may arise from time to time.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from and/or deliver to addresses outside the UK or to the Channel Islands.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary from those images. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
YOUR RIGHTS TO MAKE CHANGES
If you wish to change the products that you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of your order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change our products, at our sole discretion:
to reflect changes in relevant laws and regulatory requirements; and
to in relation to the product or recipe formulation from time to time.
PROVIDING THE PRODUCTS
Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products. The products will be delivered to you as soon as reasonably possible (in accordance with the delivery information page on our website) and in any event within 30 days after the day on which we accept your order.
We are not responsible for delays outside our control. If we are aware that our supply of the products is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery partner will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us.
When you own the products. You own the products once we have received full payment in cleared funds.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
in the case of delay in processing payment; and
for reasons of compliance with relevant laws and regulatory requirements.
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
YOUR RIGHTS TO END THE CONTRACT
Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
If you have just changed your mind about the product, see clauses 8.3 and 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or
you have a legal right to end the contract because of something we have done wrong.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
products that have been sealed, once these have been unsealed after you receive them;
partly used products
products that are not in their original packaging;
replacement products from a previous exchange;
products that are out of date; and
any products which become mixed inseparably with other items after their delivery.
How long do I have to change my mind? For most products bought online you have a legal right, under the Consumer Contracts Regulations 2013, to change your mind within 14 days and receive a refund. Our return period is more generous than your legal rights under the Consumer Contracts Regulations 2013, and you have 30 days after the day you (or someone you nominate) receives the products.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by following the procedure in clause 9.2
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by taking the following steps:
print off the returns form located at LUCOZADEENERGY.CO.UK/ABOUT/RETURNS/. Complete the required information and clearly state whether you wish to be refunded or if you require a replacement;
package the products you wish to return in a box (this can be the same box that we delivered the products to you in, provided that it is in a suitable condition) along with the completed returns form and clearly label it with the following address:
Wincanton, Golf Club Lane,
Gloucester Business Park,
send the products back to us at the above address using the courier service of your choice. Please note that we cannot be held responsible for lost returns, caused by your choice of carrier. We therefore recommend you send your goods back via a recorded, special or proof of delivery service.
We will send you an email as soon as we have received your return. We will then either order your replacements or process your refund (depending on what you have stated on the returns form.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed; or
if you are ending the contract as a result of something we have done wrong, in all other circumstances you must pay the costs of return.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount which we shall inform you of.
No refund is applicable on delivery costs for change of mind returns, except where required by law.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
we are unable to take payment for your order and you still do not make payment within 7 days of us reminding you that payment is due; or
you do not, within a reasonable time, allow us to deliver the products to you.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 096 3666 or write to us using the online form on the Contact Us page of this website.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please call customer services on 0800 096 3666 or write to us using the online form on the Contact Us page of this website for return instructions.
PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment with Visa, Visa Debit, Mastercard and Maestro. You must pay for the products before we dispatch them.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. 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 our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
to supply the products to you;
to process your payment for the products; and
if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us using the online form on the Contact Us page of this website.
We will only give your personal information to third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer or sub-contract our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer or subcontracting will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.