Terms & Conditions

Important notice
The following terms and conditions apply to any order you place with us. If you are unable to agree to
them, you will not be able to proceed with your order.
General Information
Our contact and business information is as follows:

Tricky Drinks Ltd
Higher Willand Farm

Company Reg No. 06465865
Premises licence number: LPP/000628
Issuing Authority: Taunton Deane Borough Council

Tricky Drinks Ltd is the trading name of Tricky Cider
Contract information
If you would like to buy any Goods on this Website, please click on ‘Place Order’. This will be an offer
from you to buy the Goods. We reserve the right to reject any offer received from you. If we accept your
offer, we will notify you. A legally binding contract will be formed between us at the time of sending
the notification to you. You agree to be bound by the terms and conditions set out below. We may vary
our terms and conditions at any time.

1. Conditions
All orders are accepted by us (“the Company”) subject to and in accordance with these Conditions.
These Conditions override and exclude any terms or conditions in or referred to in any negotiations or
course of dealing between the Company and you (“the Customer”) or set out in the Customer's
standard terms and conditions. If there is any conflict between the other provisions of this Web Site and
these Conditions; or the provisions of your order and these Conditions then, unless the Company
otherwise agrees in writing, these Conditions will prevail. Together with any terms accepted by the
Company in writing in connection with your order, these Conditions constitute the entire agreement
between the Company and the Customer. No variation to these Conditions is permitted unless

expressly authorised in writing by a director of the Company.

Prices are in £ sterling, exclusive of VAT. Payment will be by Paypal, Credit or Debit card only. The
Company has used all reasonable endeavours to ensure that prices are accurately set out in the Web Site
but reserves the right to change its prices without notice at any time. Prices charged will be those
prevailing when your order is accepted.
3. Payment
Payment is due in cleared funds prior to despatch of goods. We also require that cards be registered to a
UK address and that they are registered with 3D secure. This is to ensure that all payments are made on
a secure network and customers are protected against fraudulent activity.

4. Orders
The Company reserves the right to decline to trade with any company or person. Without prejudice to
the generality of the foregoing, the Company adopts the following policy at all its delivery/collection
You must be 18 or over to buy alcohol. You must not buy alcohol on behalf of under 18's. We
apply "Challenge 21" policy to all delivery and collection orders. We will not supply if the
person receiving or collecting orders appears under the age of 21 and cannot supply an
acceptable form of age verification.
Acceptable forms of age verification include:
• A photo driving licence
• A passport
• A proof of age card, such as the PASS card from the national Proof of Age Standards
If the Customer cannot provide an acceptable form of ID or is proven to be under the age of 18 we will
refuse the sale of Alcohol. The Customer is liable for all delivery costs including any charges for the
return of Goods. The Company will pay a refund for the sale price of the returned Goods within 7 days
of receiving them.
Once accepted, no order may be cancelled without the prior written agreement of a director of the
Orders may be accepted by the Company by despatching the Goods, but despatch will not be
acceptance where the price has been incorrectly quoted or referenced by the Customer in its order.
5. Delivery
The Company will use reasonable endeavours to despatch Goods within 48hours of receiving the order.
Delivery will be made to the address specified by the Customer.
Deliveries can only be made to residential or commercial properties that have been verified by postcode.
The Company may use any method of delivery available to it. The Company will use reasonable
endeavours to meet delivery and/or performance estimates, but in no circumstances shall it be liable to

compensate the Customer for late delivery or performance.

6. Inspection, defects and non-delivery
The Customer must inspect the Goods as soon as is reasonably practicable.
The quantity of any consignment of Goods, as recorded by the Company upon despatch from the
Company's place of business, shall be conclusive evidence of the quantity received by the Customer on
delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not
be liable for any non-delivery of Goods unless written notice is given to the Company within 3 working
days of the date when Goods should have been delivered. The liability of the Company for non-delivery
or non-performance or for Goods notified as defective will be limited to replacing the Goods in
question, or to refund the price paid for the relevant Goods.
7. Returns and refunds.
Prior to returning any Goods to the Company for any reason, the Customer must contact the Company
to arrange a return. All Goods are returned at the Customer's risk and expense and should be
undamaged by the Customer and in their original and unopened packaging. The Customer is
responsible for returning Goods to the Company and for providing proof of delivery of such return.
To be accepted for return on this basis, Goods should be returned undamaged by the Customer and in
their original packaging.
Refunds will be processed within 7 working days.

8. Description
All specifications, drawings, illustrations, data sheets, descriptions and particulars of weights,
dimensions, capacity or other details including, without limitation, any statements regarding
compliance with legislation or regulation wherever they appear, (including on despatch notes, invoices
or packaging) are intended to give a general idea of the Goods, but will not form part of the Contract.
9. Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from
the Company's carriers at the Customer's premises. Ownership of the Goods shall pass at the same time
the Goods are unloaded.

10. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly
warranted by a director of the Company in writing, the Company accepts no liability for any failure of
the Goods to comply with such criteria, whether attributable to the Company's negligence or otherwise.
The responsibility for ensuring that Goods are sufficient and suitable for a particular purpose is the
Customer's unless specifically stated in writing by a director of the Company. Any advice or
recommendation given by an employee of the Company which is not confirmed in writing by a director
of the Company is acted on entirely at the Customer's risk and the Company shall not be liable for any
such advice or recommendation which is not so confirmed. Except as set out in Condition 13, the
liability of the Company to the Customer, should any warranty, statement, advice or recommendation
confirmed in accordance with this Condition prove to be incorrect, inaccurate or misleading, will be

limited to the refund of the price paid for the Goods or, at the Company's option, the supply of
replacement Goods.
11. Warranty/Guarantee
The Company will, free of charge, repair or, at the Company's option, replace Goods which are proved
to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials,
workmanship or design.
This obligation will not apply:
if the defect arises because the Customer has altered or repaired such Goods without the written consent
of the Company;
because the Customer did not follow the manufacturers' instructions for storage or usage of the Goods;
if the Customer has failed to promptly notify the Company of any defect where the defect should have
been reasonably apparent on reasonable inspection; or
if the Customer fails to notify the Company of the defect within 1 month (or such other period as the
Company shall specify at the time of acceptance of the order) of the date of despatch of the Goods.
Any replacement made will be guaranteed on these terms for any unexpired portion of the period of
guarantee given on the original Goods. Any Goods which have been replaced will belong to the
The Customer grants to the Company and its employees, agents and representatives a right to enter
onto its premises to effect any replacement.
The Company's sole obligation and liability, should any Goods prove damaged or defective shall be
limited to, at the Company's option, the replacement of the relevant Goods or the refund of the price
paid for the relevant Goods.
The Company's sole obligation and the Customer's sole remedy for damaged or defective Goods is
accepted by the Customer in substitution for all express or implied representations, conditions or
warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of
the Goods (or any materials used in connection therewith) and all such representations, conditions and
warranties are excluded.

12. Exclusion of Liability
The Company does not exclude its liability to the Customer:
For breach of the Company's obligations under section 12 of the Sale of Goods Act 1979 or section 2 of
the Supply of Goods and Services Act 1982;
For personal injury or death arising as a result of the Company's negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For any matter which it would be illegal for the Company to exclude or to attempt to exclude its
liability; or
For fraud.
The Company will be under no liability to the Customer whatsoever (whether in contract, tort,
(including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage
or direct or indirect or consequential loss (all of which terms include, without limitation, pure
economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of
goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss
of contracts and like loss) howsoever caused or arising out of or in connection with:
Any of the Goods, or the manufacture, sale, performance or supply or failure or delay in performance or
supply of the Goods by the Company or on the part of the Company's employees, agents or sub-

Any breach by the Company or any of the express or implied terms of the Contract;
Any use made or resale or on-supply of any of the Goods or any product incorporating any of the
Goods or developed using the Goods;
Any acts or omissions of the Company at the Customer's premises;
Any statement made or not made or advice given or not given by or on behalf of the Company,
including as to compliance with legislation or regulation; or
Otherwise under the Contract.
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and
stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would
or might subsist in favour of the Customer.
The Company's total liability in contract, tort, (including negligence), breach of statutory duty,
misrepresentation or otherwise shall be limited to r replacing Goods or, at the Company's option,
refunding monies already paid in respect of the Goods.
13. Intellectual property rights
The Goods are subject to the intellectual and industrial property rights including patents, know-how,
trademarks, copyright, design rights utility rights, database rights and/ or other rights of the Company
and third parties. No right or licence is granted to the Customer, except the right to use or re-sell the
Goods in the Customer's ordinary course of business.

14. Use of Personal Data
You will be bound by the Company’s privacy policy which is set out below:
We are committed to protecting your privacy. We will only use the information that we collect about
you lawfully (in accordance with the UK Data Protection Act 1998).
We collect information about you for 2 reasons: to process your order and to provide you with the best
possible service, relevant to you.
We will not e-mail you in the future for anything unrelated to this current visit unless you have given us
your consent.
We will give you the chance to unsubscribe from any marketing email from us, should you wish to do
The type of information we will collect about you may include: Your name, address, phone number,
email address, your order details and your acceptance of age verification. These will be kept on file for a
minimum of 12 months to satisfy our licencing conditions, and will not be given to any third party.
We ask for your Credit/debit card details on payment of your order, and these are securely sent to our
payment portal to process payment. At no point to we record these details.
We will never collect sensitive information about you without your explicit consent. The information
we hold will be accurate and up to date. You can check the information that we hold about you by
emailing us. If you find any inaccuracies we will delete or correct them promptly.
The personal information which we hold will be held securely in accordance with the law and your

15. Promotions
In the event that the Company sends promotional material to the Customer in relation to goods
available from the Company, these Conditions shall apply to all Goods purchased from such material.

16. Export
The Customer represents and warrants that it is not on the Denied Persons, Specially Designated
Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the Goods.
The Company reserves the right not to supply certain customers or countries and to require from the
Customer full details of the end use and final destination of the Goods.

17. Force majeure
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these
Conditions because of any delay in performing or any failure to perform any of the Company's
obligations under this Contract if the delay or failure was due to any cause beyond the Company's
reasonable control (which shall include, but not be limited to government actions, war, fire, explosion,
flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in
obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or
cancel the whole or any part of a Contract.
18. Legal construction
All Contracts shall be governed by and interpreted in accordance with English law and the Customer
submits to the jurisdiction of the English Courts, but the Company may enforce such Contract in any
court of competent jurisdiction.

19. General
Any provision of these Conditions of Supply which is held by any competent authority to be invalid,
void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity,
voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions
of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the
Company to enforce or partially enforce any provision of these Conditions of Supply will not be a
waiver of any rights under these Conditions of Supply.
The parties to the Contract do not intend that any of its terms will be enforceable by virtue of the
Contracts (Rights of Third Parties) Act 1999 by any person not a party to it. These Conditions
supersede any prior agreements or arrangements.