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Dram Club Terms of Business

This page sets out the legal terms of business (the Terms) which apply to membership of the Master of Malt Dram Club (the Club).

These Terms will apply to every membership of the Club, whether membership is finalised using our website, over the telephone, through e-mail or other written correspondence or otherwise, and wherever in the world you reside and/or place the order. Please read these Terms carefully and make sure that you understand them before you apply to join the Club.

Please note that when you apply to join the Club using our website you will be asked to agree to these Terms and to the Other Website Terms. If you refuse to accept these Terms and the Other Website Terms, you will not be able to join the Club.

References in these Terms to Club membership or membership of the Club (or any similar expression) are to the contract between us pursuant to which we agree to send regular dram sets to you (or to the recipient of your choice). References to Club Packs (or any similar expression) are to each and all of the packs of goodies (including the welcome pack and any free gift) which are sent to you (or to the recipient of your choice) as part of your membership of the Club.

References on this page to the Other Website Terms are to our Consumer Terms of Business, Terms of Website Use, Website Acceptable Use Policy and Privacy Policy, all of which can be found here. Please take the time to read these, as they include important terms which apply to you.

A summary of your key legal rights in relation to products which you buy from us is set out in the box below.

Summary of your key legal rights
The Consumer Rights Act 2015 requires that any Product which you order from us must be as described, that it must be fit for purpose and that it must be of satisfactory quality. During the expected life of a Product which you order your legal rights entitle you to the following:

  • up to 30 days: if your Product is faulty, then you can get a refund if you return the Product to us;
  • up to six months: if your Product is faulty and cannot be replaced, then you’re entitled to a full refund in most cases if you return the Product to us; and
  • up to six years: if the Product can be expected to last up to six years but develops a fault before then, you may be entitled to a replacement if you return the Product to us or, in circumstances where that is not available, some of your money back.

This is a basic summary of your key legal rights. These rights are subject to certain exceptions. For detailed, independent advice about your legal rights (in the United Kingdom) please refer to the Citizens Advice website: adviceguide.org.uk.

 

Dram Club Terms of Business

 

1. Information about us

We operate the website www.masterofmalt.com. We are Atom Supplies Limited, a company registered in England and Wales under company number 3193057 having its registered office at Unit 1, Ton Business Park, 2-8 Morley Road, Tonbridge, Kent, TN9 1RA, which is also our main trading address. We are registered for VAT and our VAT number is GB 662241553.

 

2. Join the Club

2.1 In order to join the Club, you will need to select:

2.1.1 which spirit drink theme you would like to explore;

2.1.2 at which level you would like to participate;

2.1.3 how frequently you would like your membership packs to be delivered;

2.1.4 how many drams you would like to receive with each delivery; and

2.1.5 (unless you choose a rolling monthly membership of the Club) for how long you wish to remain a member of the Club.

2.2 If you do not choose a rolling monthly membership of the Club, your Club membership will not automatically renew upon the expiry of your Club membership.

2.3 We anticipate that more membership options will be added to the Club from time to time. If you would like to change any of the membership options which you selected, please contact us using one of the methods set out in paragraph 3 below.

 

3. Contacting us

3.1 To cancel your membership of the Club (including where you simply change your mind), you just need to let us know that you have decided to cancel your membership.

3.2 To change any of the membership options which you selected (for example, to increase the number of drams which you receive with each delivery, or to extend your membership of the Club), you just need to let us know which options you would like to change.

3.3 You can let us know that you have decided to cancel your membership, or that you would like to change a membership option in lots of different ways, including (in the case of cancellation) by completing and submitting the cancellation form on our website. You can also e-mail us at contactus@masterofmalt.com, send us a tweet (@MasterofMaltCS) or contact our Customer Services humans using any of the other methods set out here.

3.4 If you wish to cancel your membership, no matter which method of cancellation you use:

3.4.1 please include your name to help us to identify you;

3.4.2 please explain why you would like to cancel your membership;

3.4.3 we will contact you to confirm we have received your cancellation request; and

3.4.4 your cancellation will be effective from the date you send us notice of cancellation. Whilst the cancellation may not prevent you from receiving the relevant month’s Club Pack, you can return that Club Pack to us for a refund. See paragraph 9.16 below for information on how to return a Club Pack to us.

3.5 If you wish to change any of the membership options which you selected, no matter which method of cancellation you use:

3.5.1 please include your name to help us to identify you;

3.5.2 please explain what membership options you would like to change, and how;

3.5.3 we will contact you to confirm we have received your change request; and

3.5.4 the change will be effective from the date you send us notice of the change. Whilst the change may not prevent you from receiving the Club Pack which you would have received had you not made the change, you can return that Club Pack to us for a refund. See paragraph 5.4 below for information on the effect membership changes will have on your right to membership gifts. See paragraph 9.16 below for information on how to return a Club Pack to us.

3.6 If you wish to contact us for any other reason, including because you have a complaint, you can contact our Customer Services humans using the methods set out here.

3.7 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order (or, where you tell us about your new address in accordance with paragraph 10.8 below, to that address).

 

4. Club Pack delivery schedules

4.1 Shortly after purchasing a Club membership, a welcome pack together with the most recent Club Pack released in respect of the relevant theme and level will be sent to you (or to the recipient of your choice).

4.2 Thereafter, and until the Club membership expires or is cancelled in accordance with its terms, each Club Pack released in respect of the relevant theme and level will be sent to you (or to the recipient of your choice). We anticipate that this will occur shortly after the beginning of each calendar month.

4.3 Subject to stock availability, you may purchase any previous Club Pack from us at any time, though doing so will incur the applicable postage fee. If you purchase a Club Pack (or Club Packs) in this way, you will do so subject to our Consumer Terms of Business.

 

5. Club Packs, Welcome Packs and the free gift

5.1 The images of the Club Packs on our website are for illustration purposes only. Although we have made reasonable efforts to display the appearance of each Club Pack accurately, we cannot guarantee that your computer’s display will accurately reflect the appearance of that Club Pack. The Club Pack which we deliver to you may vary slightly from the images on our website.

5.2 The tasting notes included on our website and in the Club Packs are written by our own tasting team. However, spirit drink tasting is entirely subjective and different people will have a different experience of the same product. The tasting notes do not form part of the description of any Club Pack or the contents of any Club Pack.

5.3 Save as set out below, those who elect to be a member of the Club for 3, 6 or 12 months or who choose a rolling monthly Club membership will be entitled to a free gift after the end of the relevant period (in the case of those choosing a 3, 6 or 12 month membership of the Club) or after the third, sixth and twelfth month of their rolling membership (in the case of those choosing a rolling monthly membership of the Club) (the Free Gift).

5.4 The Free Gift will comprise a spirit drink, will be appropriate to the relevant spirit drink theme, and will escalate in value as the length of your membership of the Club increases. The Free Gift will be dispatched after the relevant period has elapsed to the same address as are the other Club Packs. If you cancel membership of the Club before the end of the relevant period, you shall not receive the Free Gift, irrespective of your reason for cancelling membership of the Club. Changing your membership options (including the selections referred to in paragraph 2 above) will be treated as a cancellation of any prior membership – if you are close to receiving a Free Gift and do not want to lose out, we recommend that you wait until after it has been sent before you change those options. If you cancel your membership of the Club (or that membership lapses) and then re-join, the escalation in value of the Free Gifts will re-start: that escalation will not continue from the point of cancellation.

5.5 We may change the welcome pack which is made available as part of membership of the Club (the Welcome Pack) and/or the Free Gift from time to time to reflect changes in applicable laws and regulatory requirements (which may include changes to labels to include nutritional information or changes to packaging in order to comply with packaging waste requirements, for example), as well as for reasons connected with stock availability. We may also change the Welcome Pack and/or the Free Gift in order to implement minor technical adjustments and improvements. We do not anticipate that these changes will materially affect the value of the Welcome Pack and/or the Free Gift or your use or enjoyment of the Club.

 

6. Age restrictions

6.1 In the UK it is illegal for:

6.1.1 any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18; and

6.1.2 an adult to buy (or to attempt to buy) alcohol for any person under the age of 18.

6.2 You may only purchase a Club membership if you are:

6.2.1 at least 18 years old;

6.2.2 not buying that membership for any person or persons under the age of 18; and

6.2.3 of legal age to purchase alcohol both in the country where you place the order and the destination country.

6.3 You must check with the local authorities in the country from where you purchase a Club membership and the country of destination of any Club Pack to ensure that you will not be breaking any law or regulation by purchasing a Club membership from us. By purchasing a Club membership, you promise to us that it is lawful for you to purchase a Club membership in the country where you do so and for you (or your chosen recipient) to receive the Club Pack in the destination country. If you breach this promise we may end the Club membership and charge you reasonable compensation for the net costs which we incur. We may deduct that compensation from the amount of any refund due to you or from bank account which you used to pay for the Club membership. We may make that deduction from that bank account in more than one payment.

 

7. How the contract is formed between you and us

7.1 The pages of our website will guide you through the steps you need to take in order to purchase a Club membership. The order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the order process. If you place an order to purchase a Club membership over the telephone, through e-mail or other written correspondence or otherwise, our Customer Services humans will guide you through the process.

7.2 We do not accept any responsibility for delayed or failed delivery of any Club Pack which results from your failure to provide correct address information. If a Club Pack is returned to us because you fail to provide correct address information, we reserve the right to require that you pay additional postage costs before we re-deliver that Club Pack. Please also refer to paragraph 13.6 below in this regard.

7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraphs 7.4 and 7.5 below.

7.4 Where appropriate, we will confirm our acceptance of your order to purchase a Club membership by sending you an e-mail that confirms that the relevant Club Packs have been dispatched (Dispatch Confirmation). The contract between us relating to the Club membership (the Contract) will only be formed when we send you the Dispatch Confirmation.

7.5 If:

7.5.1 we are unable to supply you with a Club membership, for example because the relevant Club Packs are not in stock or no longer available, because we cannot meet your requested delivery date or because of an error in the price on our website as referred to in paragraph 11 below;

7.5.2 we consider that you are ineligible for an offer of which you have sought to take advantage; or

7.5.3 we elect in our discretion, on the basis of fair use, the discovery of an error or otherwise, to refuse to process your order, we will not send you a Dispatch Confirmation but will inform you promptly and will not process your order to purchase a Club membership. If you have already paid for the Club membership, we will refund you the full amount promptly.

 

8. Our right to vary these Terms

8.1 We amend these Terms from time to time.

8.2 Every time you order a Club membership, the Terms in force at the time of your order will apply to the Contract between you and us.

8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

8.3.1 changes in relevant laws and regulatory requirements; and

8.3.2 changes in the way that we do business.

 

9. Your right of return and refund

If you change your mind

9.1 You have a legal right to cancel a Club membership at any time.

9.2 Except as set out below, if you cancel your Club membership during the period set out in paragraph 9.4 below because you have changed your mind we will:

9.2.1 refund you the full price you paid for the Club membership; and

9.2.2 make any refunds due to you as soon as you have let us know that you have decided to cancel your Contract.

 

However, please note that we may make a refund on the condition that you return certain Club Packs to us.

9.3 You will be responsible for the cost of returning any relevant Club Pack to us. Whilst we are under no obligation to do so, if we have offered to collect a Club Pack from you and you have accepted that offer, we will charge you the direct cost to us of collection.

 

When you will receive a full refund

9.4 In order to cancel a Club membership and receive a full refund, you must cancel the Club membership during the period which starts on the date of the Dispatch Confirmation (the date on which we contact you to confirm our acceptance of your order) and which ends on the date 14 days after the day on which you receive the first Club Pack to be delivered to you. You must also return any Club Packs which you have received.

 

When you will receive a partial refund

9.5 If you cancel a Club membership after the expiry of the period set out in paragraph 9.4 above, you will only receive a partial refund. The refund payable to you will be calculated by us (acting reasonably) by reference to the number of Club Packs which you have already received as a proportion of the total number of Club Packs which you were scheduled to receive had the cancellation not taken place (that is, over the duration of the Club membership which you had selected).

9.6 If we agree that you are to return any Club Pack to us and you fail to do so, you will receive only a partial refund. This may occur either during the period set out in paragraph 9.4 above or after the expiry of that period. In these cases, the refund payable to you will be reduced by the amount which we allocate (acting reasonably) to any Club Packs which you do not return to us.

9.7 We will also reduce the refund payable to you to reflect any reduction in the value of a Club Pack which you return if this has been caused by your handling the Club Pack in a way which would not be permitted in a shop (for example, if you unseal a product which is sealed for health protection purposes). We will also reduce the refund payable to you to reflect any reduction in the value of a Club Pack which results from damage to the Club Pack which occurs when it is being returned to us.

 

When you have chosen a rolling monthly Club membership

9.8 If you cancel a rolling Club membership after the expiry of the period set out in paragraph 9.4 above, you will receive a refund only if you have made any payment in respect of a Club Pack which you have not received. That refund will be equal of the amount of that payment.

9.9 If you have received the relevant Club Pack (or that Club Pack has already been dispatched to you), any refund paid will be paid on the condition that you return the Club Pack to us. If you fail to return that Club Pack to us, you will not receive a refund.

9.10 We will also reduce the refund payable to you to reflect any reduction in the value of a Club Pack which you return if this has been caused by your handling the Club Pack in a way which would not be permitted in a shop (for example, if you unseal a product which is sealed for health protection purposes). We will also reduce the refund payable to you to reflect any reduction in the value of a Club Pack which results from damage to the Club Pack which occurs when it is being returned to us.

 

Change of mind cancellations generally

9.11 You can let us know that you have decided to cancel a Club membership in lots of different ways, including by completing and submitting the cancellation form on our website. Our dispatch confirmation will include a link to the cancellation form. You can also e-mail us at contactus@masterofmalt.com, send us a tweet (@MasterofMaltCS) or contact our Customer Services humans using any of the other methods set out here. Whatever method of cancellation you use:

9.11.1 please include your name to help us to identify you;

9.11.2 please explain why you would like to cancel the Club membership;

9.11.3 we will contact you to confirm we have received your cancellation request; and

9.11.4 your cancellation will be effective from the date you send us notice of cancellation. Whilst the cancellation of a Club membership may not prevent you from receiving the relevant month’s Club Pack, you can return that Club Pack to us for a refund. See paragraph 9.16 below for information on how to return a Club Pack to us.

9.12 If we have made a refund (full or partial) on the condition that you return certain Club Packs to us and later discover that you have not returned the relevant Club Packs to us, that you have handled a Club Pack in an unacceptable way (that is, in a way which would not be permitted in a shop (for example, if you unseal a product which is sealed for health protection purposes)) or that a Club Pack has been damaged by you or by your carrier when it is being returned to us, you must pay us an appropriate amount. We will calculate that amount, acting reasonably, and will deduct it from the bank account which you used to pay for membership of the Club. We may make the required deduction from your bank account in more than one payment. Further information about how to return Club Packs is set out in paragraph 9.16 below.

 

If membership of the Club is not as described, where we have delivered the wrong Club Pack (or a faulty Club Pack) or the Google Certified Shops Programme determines that you should receive a refund

9.13 If membership of the Club has not been described accurately or the Google Certified Shops Programme determines that you should receive a refund, you have a legal right to reject membership of the Club. If you wish to reject membership of the Club you must let us know that you are rejecting that membership and return any Club Packs which you have received to the address set out in paragraph 9.16 below. You can let us know that you are rejecting membership of the Club in lots of different ways, including by completing and submitting the cancellation form on our website. Our dispatch confirmation will include a link to the cancellation form. You can also e-mail us at contactus@masterofmalt.com, send us a tweet (@MasterofMaltCS) or contact our Customer Services humans using any of the other methods set out here. We will refund the price of the Club membership in full and any reasonable costs you incur in returning any Club Packs to us.

9.14 If we deliver an incorrect Club Pack or a Club Pack is faulty, you have a legal right to reject that Club Pack. If you wish to reject a Club Pack you must let us know that you are rejecting that Club Pack and return it to the address set out in paragraph 9.16 below. You can let us know that you are rejecting a Club Pack in lots of different ways, including by completing and submitting the cancellation form on our website. Our dispatch confirmation will include a link to the cancellation form. You can also e-mail us at contactus@masterofmalt.com, send us a tweet (@MasterofMaltCS) or contact our Customer Services humans using any of the other methods set out here. We will replace the Club Pack and refund any reasonable costs you incur in returning the Club Pack to us.

 

Returns and refunds generally

9.15 We will refund you using the same method which you used to pay.

9.16 You must return a Club Pack which you are required to return to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the membership of the Club or to reject a Club Pack. You must send the Club Pack(s) back to us at Master of Malt Returns, Unit 3, Ton100, 2-8 Morley Road, Tonbridge, Kent TN9 1RA. Please include a copy of the order paperwork which you receive from us, or at least a note of the order number, when you return any Club Pack to allow us to identify your order.
Remember that your right to a refund may be reduced by us in accordance with paragraphs 9.2, 9.5, 9.6, 9.7, 9.9, 9.10 or 9.12 above.

9.18 As you are a consumer (that is to say that you enter this contract otherwise than in the course of your trade or business), we are under a legal duty to supply products which are in conformity with this Contract. As a consumer, you have legal rights in relation to products which are faulty or not as described. These legal rights are not affected by your right of return and refund in this paragraph 9 or anything else in these Terms.

9.19 Advice about your legal rights is available (in the United Kingdom) from the Citizens Advice website: adviceguide.org.uk.

 

10. Delivery

10.1 We will give you an estimated delivery date for the first Club Pack with the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See paragraph 14 below for our responsibilities when this happens.

10.2 If no one is available at your address to take delivery and you give us no other instructions at the time of placing your order, our carriers will usually:

10.2.1 leave your parcel in a safe place;

10.2.2 leave your parcel with a neighbour; or

10.2.3 leave you a note which informs you that they have attempted to deliver a Club Pack (if this happens, please contact the carrier to re-arrange delivery).

If you have any specific delivery instructions, you should give them when you place your order for a Club membership. Information about what to do in the event of a change of address is set out in paragraph 10.8 below.

10.3 Delivery of any Club Pack shall be completed when:

10.3.1 our carrier delivers that Club Pack using one of the methods referred to in paragraph 10.2 above or in accordance with your specific instructions (when you have given them); or

10.3.2 you (or someone else on your behalf) collects the Club Pack from us,

and the Club Pack will be your responsibility from that time. If you are informed about a failed delivery attempt but do not re-arrange delivery of a Club Pack or collect that Club Pack from the carrier’s depot we (or the carrier) 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 charge you reasonable compensation for the net costs which we incur. We may deduct that compensation from the amount of any refund due to you or from bank account which you used to pay for the Club membership. We may make that deduction from that bank account in more than one payment.

10.4 You own each Club Pack upon dispatch from our premises.

10.5 If we agree a delivery deadline with you in respect of the first Club Pack and we miss that deadline, then you may cancel your Club membership if either of the following apply:

10.5.1. we have refused to deliver that Club Pack; or

10.5.2 you told us before we accepted your order that delivery within the delivery deadline was essential,

and your cancellation of your Club membership must be communicated to us without delay. We may reject an order if you set a delivery deadline which we will not be able to meet.

10.6 If you do not wish to cancel your Club membership immediately, or do not have the right to do so under paragraph 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Club membership if we do not meet the new deadline.

10.7 If you have the right to cancel your Club membership by reason of late delivery under paragraphs 10.5 or 10.6 above and a Club Pack has been delivered to you, you will have to return it to us, and we will pay the costs of this. Please refer to paragraph 9 above for more information about how to return a Product to us.

10.8 If your address (or the address of the recipient of your choice) should change at any point during your membership of the Club, you must tell us immediately. You can tell us in advance of a change of address if you wish, though if you do so please confirm exactly when the address will change. You can let us know that your address (or the address of the recipient of your choice) has changed or is scheduled to change in lots of different ways, including by e-mailing us at contactus@masterofmalt.com, sending us a tweet (@MasterofMaltCS) or contacting our Customer Services humans using any of the other methods set out here. We do not accept any responsibility for delayed or failed delivery of any Club Pack which results from your failure to tell us about a change of address, or because you have given us incorrect address information (including information regarding the time at which an address change is going to happen). If a Club Pack is returned to us because you have failed to provide correct address information, we reserve the right to require that you pay additional postage costs before we re-deliver that Club Pack. Please also refer to paragraph 13.6 below in this regard.

 

11. Price of a Club membership

11.1 The price of a Club membership will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the price of each Club membership is correct at all times. Please see paragraph 11.4 below for an explanation of what happens if we discover an error in the price of a Club membership which you have ordered.

11.2 The price for each Club membership will change from time to time, but changes will not affect any order you have already placed.

11.3 The price of each Club membership includes delivery charges.

11.4 It is always possible that, despite our efforts, a Club membership may be incorrectly priced. We do not have to sell a Club membership to you where there is a pricing error. We will normally check prices as part of our dispatch procedures so that:

11.4.1 where the correct price of the Club membership is less than the price stated on our website, we will charge the lower amount; and

11.4.2 if the correct price of the Club membership is higher than the price stated on our website, we will contact you promptly to inform you of this error and we will give you the option of continuing to purchase the Club membership at the correct price or cancelling your order. We will not proceed to issue a despatch confirmation until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

11.5 We send regular newsletters and press releases to our customers, and also write about memberships of the Club on our blog. It is always possible that, despite our efforts, a Club membership may be referred to in a newsletter or press release or on our blog with an incorrect price. We do not have to sell a Club membership to you at any incorrect price which is set out in a newsletter or press release or on our blog. Please see paragraph 11.4 above for an explanation of what happens if we discover an error in the price of a Product on our website.

11.6 We reserve the right to change the prices of rolling Club memberships from time to time. In circumstances where the price of a rolling Club membership increases, we shall contact you promptly to inform you of that increase. You shall have the right to cancel your Club membership in the event of a price increase. We will never increase the amount you pay each month without notifying you of the increase and giving you the opportunity to cancel your membership of the Club.

 

12. How to pay

12.1 You can pay for a Club membership using any of the payment methods listed at the payment stage of the checkout process.

12.2 Save in respect of a rolling Club membership, payment for the Club membership is in advance. We reserve the right to end the Contract immediately if payment using the card details which you provide fails.

12.3 If you choose a rolling Club membership, we will take payment in respect of the first month at or about the time we send you a Dispatch Confirmation. Payments in respect of subsequent months will be taken on or about the last working day of each subsequent month. Payments for each Club Pack will be made in advance. Your payment card details will be stored in an encrypted form in accordance with the Payment Card Industry Data Security Standard. We will not store the payment card’s security code. We reserve the right to end the rolling Club membership immediately if any payment using the card details which you provide fails.

12.4 To help to ensure that your credit or debit card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency (which may keep a record of that information). This is done only to confirm your identity. A credit check is not performed and your credit rating will be unaffected. All information provided by you will be treated securely and in accordance with the terms of our Privacy Policy.

 

13. Our liability to you and your liability to us

13.1 If we fail to comply with:

13.1.1 these Terms;

13.1.2 any additional terms which become part of the Contract under law, like those relating to the quality of any Club Pack, or the fitness of any Club Pack for its purpose, which are referred to in the summary of your key legal rights above; or

13.1.3 we act negligently,

we are responsible for any loss or damage which you suffer and which is a foreseeable result of our breach of these Terms or those additional terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

13.2 We only supply Club memberships for domestic and private use. You agree not to use any Club membership (or any Club Pack) for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3 Some of the Club Packs will contain warnings about the way in which the contents are to be used, and by whom they are to be used. We are not responsible for any loss or damage which is caused as result of you ignoring any Product warnings which are reasonably obvious upon an examination of the Product.

13.4 We do not in any way exclude or limit our liability for:

13.4.1 death, personal injury or damage to private property above the value of £275 which is caused by a faulty Product; or

13.4.2 fraud or fraudulent misrepresentation.

However, we are not responsible for the costs of repairing any pre-existing damage to private property.

13.5 You are advised to carefully check all Club Packs for any defects or discrepancies at the earliest opportunity, and to take prompt action as soon as you become aware of any problem.

13.6 If we require certain information from you in order to deliver anything to you (for example, detailed address information) we will contact you to request that information. If you do not give us this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may end the Contract and charge you reasonable compensation for the net costs which we incur. We may deduct that compensation from the amount of any refund due to you or from bank account which you used to pay for the Club membership. We may make that deduction from that bank account in more than one payment.

13.7 You may also be required to pay us compensation in the circumstances set out in paragraphs 6.2 and 10.3 above.

 

14. Events Outside Our Control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in paragraph 14.2 below.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including (without limitation) failure or breach of contract by a carrier or other sub-contractor, strikes or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3 If an Event Outside Our Control that affects the performance of our obligations under a Contract takes place:

14.3.1 we will contact you as soon as reasonably possible to notify you;

14.3.2 we will take steps to minimise the effect of that Event Outside Our Control; and

14.3.3 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a Club Pack to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.4 You may cancel a Club membership affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any unused Club Pack you have already received and we will agree the level of refund to be paid on the basis of the factors referred to in paragraph 9 above.

14.5 References in this paragraph 14 to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of the Contract. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance of the Contract (or that you have frustrated or hindered that performance), we may (though are not required to) treat your Club membership as cancelled, end the Contract and notify you in writing.

14.6 We reserve the right to cancel a Club membership, end the Contract, refuse to deliver a Club Pack and inform law enforcement agencies in circumstances where we consider (acting in our absolute discretion) that you are attempting to obtain a any product using fraudulent means, to commit any other type of fraud or to otherwise break the law.

 

15. Other important terms

15.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing, but this will not prevent you giving a membership of the Club as a gift to anybody else.

15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of these Terms by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach of these Terms by you.

15.6 These Terms are governed by English law. This means that your membership of the Club, and any dispute or claim arising out of or in connection with it, will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

15.7 If you have a complaint which we are unable to resolve between ourselves, you may refer your complaint to The Retail Ombudsman, a United Kingdom government-approved, free-to-consumers service which seeks to resolve disagreements between traders and consumers in respect of goods purchased online. More information regarding The Retail Ombudsman can be found on its website: theretailombudsman.org.uk.

 

Copyright in these terms belongs exclusively to ATOM Supplies Ltd.

All rights (including moral rights) are asserted and reserved.