Terms of Sale

1

THESE TERMS

1.1

What these terms cover.  
These are the terms and conditions on which we supply products to you.

1.2

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. If you think that there is a mistake in these terms, please contact us to discuss.

1.3

Your particular attention is drawn to clauses 10 (Our rights to end the Contract) and 13 (our responsibility for loss or damage suffered by you).

2

INFORMATION ABOUT US AND HOW TO CONTACT US

2.1

Who we are. We are Lucozade Ribena Suntory Limited, a company registered in England and Wales. Our company registration number is 08603549 and our registered office is at 2 Longwalk Road, Stockley Park, Uxbridge, UB11 1BA. Our registered VAT number is GB 194784650.

2.2

How to contact us.  You can contact us by telephoning our Consumer Care team at 0800 096 3666 or by completing our Contact Us form on the brand website.

2.3

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.

3

OUR CONTRACT WITH YOU

3.1

How we will accept your order.  Our acceptance of your order will take place when [we email you to accept it], at which point a contract will come into existence between you and us.

3.2

If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email 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 because we are unable to meet a delivery deadline you have specified.

3.3

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.

3.4

We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK or the Channel Islands.

4

OUR PRODUCTS

4.1

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 slightly from those images.

4.2

Products may vary slightly from their pictures. The packaging of the product may vary from that shown in images on our website.

5

YOUR RIGHTS TO MAKE CHANGES

5.1

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 the product, 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).

6

OUR RIGHTS TO MAKE CHANGES

6.1

Changes to the products. We may change the productn to reflect changes in relevant laws and regulatory requirements, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

7

PROVIDING THE PRODUCTS

7.1

Delivery costs. The costs of delivery and packaging will be as displayed to you on our website when you view your basket.

7.2

When we will provide the products. [We will email you with an estimated delivery date, which will be within usually 1-5 working days (for orders placed before 12pm) after the day on which we accept your order. Our delivery partner, DPD, will notify you of a one hour delivery slot by text or email, and if this delivery date is not convenient, you can use the text or email to change it. If you have any questions about our delivery service or would like the check the status of your order, please contact our Consumer Care team on 0800 096 3666.

7.3

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take 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.

7.4

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, we will leave you a note informing you of how to rearrange delivery.

7.5

If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause ‎10.2 will apply.

7.6

When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7.7

When you own goods. You own a product which is goods once we have received payment in full.

8

YOUR RIGHTS TO END THE CONTRACT

8.1

You can always end 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:

8.1.1

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 a service re-performed or to get some or all of your money back), see clause ‎11;

8.1.2

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;

8.1.3

If you have just changed your mind about the product, see clause ‎8.3. 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;

8.1.4

If you have just changed your mind about the product after the expiry of the cooling off period under clause 8.3, we offer an additional goodwill returns policy of up to 30 days – see clause 8.4; or

8.1.5

In all other cases (if we are not at fault and there is no right to change your mind), see clause ‎8.6.

8.2

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 ‎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 and you may also be entitled to compensation. The reasons are:

8.2.1

 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause ‎6.1);

8.2.2

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; 

8.2.3

there is a risk that supply of the products may be significantly delayed because of events outside our control; or

8.2.4

you have a legal right to end the contract because of something we have done wrong.

8.3

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4

Our goodwill returns policy. Please note, these terms reflect the additional goodwill refunds policy offered by us to our UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause ‎11.2):

Right under the Consumer Contracts Regulations 2013

14 day period to change your mind

Refund only

How our goodwill returns policy is more generous

30 day period to change your mind (provided that we receive the products you are returning within those 30 days.

Refund or exchange (exchanges will not be further exchanged or refunded)

8.5

How long do I have to change my mind? You have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

8.6

Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause ‎8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered.  If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable costs that we have incurred as a result of your ending the contract.

9

 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) 

9.1

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1

Phone or email. Call Consumer Care on 0800 096 3666 or complete our Contact Usform on our website. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.1.2

By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.1.3

By returning the goods in accordance with clause 9.2 below.In each case, you may use the model cancellation form set out at the Appendix of these terms, but you do not have to do so.

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. You must post the goods back to us at:

 Lucozade Energy Online Store
Wincanton, Golf Club Lane,
Gloucester Business Park,
Gloucester,
GL3 4AJ

All products should be returned using the same box we delivered in, as long as it’s in suitable condition, along with the completed returns form.

Please call our Consumer Care team on 0800 096 3666, or see here for the returns form. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.  We cannot be held responsible for lost returns, caused by your choice of carrier. We therefore recommend that you post the products back to us via a recorded, special or proof of delivery service.

9.3

When we will pay the costs of return. We will pay the costs of return:

9.3.1

if the products are faulty or misdescribed; or

9.3.2

if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4

 
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.

9.5

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.5.1

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.

9.5.2

The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.5.3

We will not provide a refund for products that are out of date.

9.6

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:

9.6.1

your refund will typically take 5 working days to process, dependent on your bank/card issuer, and in any event your refund will always 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.

9.6.2

In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10

OUR RIGHTS TO END THE CONTRACT

10.1

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:

10.1.1

 if we cannot take payment from you; or

10.1.2

you do not, within a reasonable time, allow us to deliver the products to you.

10.2

We may withdraw the products. We may at any time stop providing certain products. If you have already ordered such products, we will refund any sums you have paid in advance for products which will not be provided.

11

IF THERE IS A PROBLEM WITH THE PRODUCT

11.1

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our Consumer Care team at 0800 096 3666 or complete the Contact Us form on our website.  Alternatively you may write to us as Consumer Care Team, LRS, 2 Longwalk Road, Stockley Park, Uxbridge UB11 1BA.

11.2

 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. 

11.3

 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage. Please call our Consumer Care team on 0800 096 3666 or complete the Contact Us form on our website for a return label or to arrange collection.

12

PRICE AND PAYMENT

12.1

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.

12.2

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.

12.3

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.

12.4

When you must pay and how you must pay. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

13

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1

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, 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.

13.2

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 and for defective products under the Consumer Protection Act 1987.

13.3

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.

14

HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1

How we may use your personal information. We will only use your personal information as set out in our privacy policy.

15

OTHER IMPORTANT TERMS

15.1

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.

15.2

Alternative dispute resolution. If you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.