Terms & Conditions
OVERVIEW
This website is operated by NIOCOCKTAILS UK LTD. Throughout the site, the terms “we”, “us” and “our” refer to
NIOCOCKTAILS UK LTD. NIOCOCKTAILS UK LTD offers this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated
here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of
the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change
or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our
products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the legal drinking age of 18 years old in the
UK, or the legal drinking age in your local jurisdiction.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any
laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
You will need to register for an account with NIOCOCKTAILS UK Ltd. By creating an account, you agree to (a) provide
accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your
account information, (c) maintain the security of your password and accept all risks of unauthorised access to your
account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any
security breaches related to the Sites or your account.
After placing and order on our standard order form, you will receive an e-mail from us acknowledging that we have
received your order. Please note that this does not mean that you order has been accepted.
Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us, and we will
confirm such acceptance to you by sending you an e-mail that confirms that the Products has been dispatched (dispatch
confirmation) The contract between us, will only be formed when we send you the Dispatch Confirmation.
YOUR STATUS
By placing an order through our side, you warrant that:
1. you are legally capable of entering into binding contracts; and
2. you are 18 years of age or older in the UK;
3. you are a legal resident of the United Kingdom;
4. you have not been previously suspended or removed from the Sites or engaged in any activity that could result in
suspension;
5. do not have more than one NIOCOCKTAILS UK Ltd. account; and
6. have full power and authority to enter into these Terms in so doing will not violate any other agreement to which
you are a party.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through which the service is provided, without express written
permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these
Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on
this site is provided for general information only and should not be relied upon or used as the sole basis for making
decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance
on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our
site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at
any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of
the Service.
STORE CREDITS
Store credits can be issued by NOCOCKTAILS UK Ltd. to any customer at its own discretion. Store credits will generally
be issued as remuneration for referring friends under the Referral Program, during customer-wide discounting efforts,
for customer service purposes or for our Loyalty programme.
Store credits will be automatically applied to subsequent orders, with any remaining total being charged on the
associated credit card on file.
NIOCOCKTAILS UK Ltd. reserves the right to remove store credits applied to any account at its own discretion.
Store credits are not cash-refundable and can only be used on the NIOCOKCTAILS UK Ltd. website and for NIOCOCKTAILS UK
Ltd. products.
Accounts that accumulate store credits stemming from dishonest distribution of referral codes across discounting
websites will see their referral codes deactivated at the discretion of NIOCOCKTAILS UK Ltd.
DELIVERY
As we approach Christmas, we have been advised that there may be intermittent delivery delays, resulting in delivery
taking up to 5 working days after dispatch.
We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we
will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a
third-party courier. Actual delivery times may vary from estimated times displayed.
You are responsible for inspecting all Products you receive from NIOCOCKTAILS UK Ltd. for any damage or other issues
upon delivery. You should always inspect your delivery to confirm that the products arrive in good condition. If you
have any reason to believe that any Product in your delivery is not suitable for consumption, document the complaint by
taking photographs and send them to contact@niococktails.co.uk. Do not discard the item(s) before being asked to do so
by us, as we may request you return them to us, at our expense.
From the time of delivery, the condition and consumption of the Products are solely at your risk.
NIO letterboxes when delivered as a single box order with LEAVE SAFE will be placed through the letterbox if the
letterbox is a standard size. Please note that multi-box orders to a single address will be placed in a single delivery
bag and will not be placed through the letterbox. Choose SIGNED FOR if minors can access your letterbox or safe place
where package may be left. Also choose this option if you have a non-standard letterbox. Goods that are returned to NIO
Cocktails will be redelivered upon payment of new delivery charge
EVENTS OUTSIDE OUR CONTROL
In the case of inclement weather or other events beyond our control (Force Majeure events) that interfere with our
ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible.
Force Majeure Events include:
1. Strikes, lock-out or other industrial action;
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or
threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, shipping, aircraft, motor transport or other means of public or private
transport
4. Impossibility of use of public or private telecommunications network; and
5. The acts, decrees, legislation, regulations or restrictions of any government.
6. Government enacted State of Emergency
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and
we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours
to bring the Force Majeure Event to a close or to find a solution by which our obligation under the Contract may be
performed despite the Force Majeure Event.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may
have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the
store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic
region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities
of any products or services that we offer. All descriptions of products or product pricing are subject to change at any
time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by
you will meet your expectations, or that any errors in the Service will be corrected.
REWARDS PROGRAM
MEMBERSHIP OVERVIEW
The NIO Club Rewards loyalty program (“Program”) is offered at the sole discretion of NIOCOCKTAILS UK Ltd. with
registered address at 1 Princeton Mews, 167-169 London Rd, Kingston Upon themes, Surrey KT2 6PT. NIOCOCKTAILS UK Ltd.
(“NIO Cocktails”, “we”, “us”, or “our”) is the promoter of the Program. The Program is available for individuals for
their personal use only and is limited to one account per individual. Corporations, associations, or other groups may
not participate in the Program.
By joining the Program and becoming a Program member, you (“you”, “your, or “member”) agree that you have read,
understood, and agree to be bound by these program terms and conditions of participation and by any changes or
modifications we may make from time to time. Your continued use of the Program is an acceptance of any changes or
modifications. You acknowledge and understand that the processing of your personal data will be in accordance with our
Privacy Policy. By joining the program you agree to receive marketing and communications emails related to the Program
and NIO Cocktails. You also agree to our website Terms and Conditions.
PROGRAMME REGISTRATION
NIO Rewards is one way in which NIO Cocktails endeavors to reward and thank loyal customers for purchasing from
NIOCOCKTAILS UK LTD. To enroll in NIO Rewards and receive programme benefits, you will first need to create an account
at www.niococktails.co.uk/account/register. By enrolling in the Program you agree to receive marketing materials related
to the Program and to NIO Cocktails. Personal information that you provide to us for the purposes of creating an account
will be held pursuant to NIOCOCKTAILS UK LTD Privacy Policy.
This program is not targeted toward, nor intended for use by, anyone under the age of 18.
PROGRAMME OVERVIEW
The rewards benefits are determined by:
1. Points accrued
2. New friends referred to NIO Cocktails
3. Product Reviews
4.
5. Following us on Social Media
6.
By creating an account, you will automatically be enrolled in The NIO rewards program. Points are automatically added to
your account, summarised in your Account Dashboard, based on activities as detailed by the Program. Points for purchase
are only accrued through personal purchases and activities, and any corporate transactions such as group orders,
corporate event orders, or manual orders, are not eligible for reward points or reward redemption.
Points only remain active in the account for personal redemption if a purchase has been made within 12 months. NIO
Cocktails has the right to expire points of any account that has not been active for 12 months.
Referral as part of the Program is only valid for the first-time purchase by a known friend, family member, or
colleague, with a minimum spend of £39. NIO Cocktails has the right to review and/or reject Speakeasy account holders
who abuse the referral program and share their unique referral code on public forums such as coupon websites, discount
websites, and review forums.
There are no membership fees associated with NIO Rewards. Points accumulated as part of the Program have no cash value.
Your points, free cocktails awarded through referral, and your account under The NIO Rewards programme are personal to
you and may not be sold, transferred or assigned to, or shared with friends, family, or others.
REDEMPTION
Rewards are redeemable via website purchases. Rewards are only valid when a point threshold has been met:
1. Minimum 100 points to Maximum 1000 points to redeem up to £10 off at checkout.
2. 2000 points to redeem a £20 voucher with a minimum spend of £39
3. 3000 points to redeem a £30 voucher with a minimum spend of £55
4. 5000 points to redeem a £50 voucher with a minimum spend of £100
5. To redeem 1000 via successful referral(s), you must have referred a new friend or family member who has made their
first purchase valued at over £39. Upon this purchase, 1000 points, or the value of £10 will be automatically added
to your account.
NIO Cocktails is not responsible for fraudulent redemption by a third party or by the account holder. Rewards cannot be
exchanged or refunded.
TERMINATION AND MODIFICATION
NIO Cocktails reserves the right to terminate your account and/or participation in The Speakeasy rewards programme if
NIO Cocktails believes that you have violated these Terms and Conditions or that the use of your account is
unauthorised, fraudulent or otherwise unlawful or in violation of these Terms and Conditions.
NIO Cocktails also reserves the right to “unregister” and make ineligible for The Speakeasy programme any account that
has been inactive for two consecutive years.
NIO Cocktails reserves the right to terminate, discontinue, cancel, or amend The Speakeasy rewards programme at any time
and in its sole discretion without notice to you.
NIO COCKTAILS UK Ltd. reserves the right to modify The Speakeasy rewards programme, including but not limited to a
number of points accrued by activity, points required to redeem rewards, and new referred member discounts on first box
purchases.
OFFERS AND PROMOTION CODES
At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time
that we introduce them, to the end date of the offer and they cannot be used for purchases before the offer introduction
or after the offer end date.
The price of the product at time of purchase when using a discount code or special offer, is the price that shall
prevail. We are unable to offer special discounts for purchases that have already been made.
As our special offers are contingent on availability, we may change the terms of special offers and promotional codes,
or withdraw them altogether, at any time, and without prior notice.
Any offer that includes a discount code or promotion code for a specific product is valid for one product redemption
only. For example, a discount code or promotion code for a cocktail box is valid for a single cocktail box only, and is
not valid for every box within a multi-product order.
Except where otherwise stated, discounts and promotions are only available once to any one person. Discounts, promotions
and credits cannot be used in conjunction with another offer. Offers are valid for NIO Cocktails UK Ltd only.
Discounts and vouchers cannot be redeemed against delivery charges, and can only be redeemed against the cost of the
cocktails and cocktail boxes.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event
that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers
or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our
store. You agree to promptly update your account and other information, including your email address and credit card
numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools
and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other materials, products, or services of third
parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party websites. Please review carefully the third-party's policies
and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you
send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to
any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your comments will not contain libellous or
otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including
without limitation, pricing information, except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all information in the Service or on any related
website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its
content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe
upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or
track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any
time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and
'as available' for your use, without any representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall NIOCOCKTAILS UK LTD., our directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using
the service, or for any other claim related in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to
the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless NIOCOCKTAILS UK LTD. and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and
employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation
of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of
this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of
Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any
part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver
of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding
any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in
accordance with the laws of the United Kingdom.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting
updates and changes to our website. It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@niococktails.co.uk