GUINNESS ‘CLEANEDUP’ HAND SANITISER UNIT PROMOTION
1. THE OFFER
1.1. You have been invited by Diageo Great Britain Limited (Diageo) to take advantage of
an opportunity to receive up to 2 complimentary Guinness branded Hand Sanitiser
stations, together with 4x5 litre bottles of hand sanitiser per premises operated by you
(each referred to hereinafter as Goods and collectively as the Package) (the Offer).
1.2. Pursuant to the Offer and subject to you being eligible to apply for the Goods,
Diageo has agreed that the Packages will be supplied to you free of charge, save for
any associated delivery charges for which you will be responsible (please see our
website for details).
1.3. Pursuant to the Offer, you may not order more than the specified number of 2
Packages for each premises operated by you and you may not offer any of the
Packages or Goods comprised within them for resale.
1.4. Subject to availability, you may order additional stocks of Hand Sanitiser stations or
bottles of hand sanitiser, which will be charged to you at our usual prices as shown in
1.5. These terms and conditions govern the supply of the Packages to you and, to the
extent that we agree to supply you with additional Goods (being either Hand Sanitiser
stations or supplies of hand sanitiser consumables), any further orders that you may
make for Goods.
2. ABOUT US
2.1. Company details. Innovate Energy Solutions Limited (company number 10731302)
(we and us), is a company registered in England and Wales and our registered office
is at 229 Shoreditch High Street, London E1 6PJ.
2.2. Contacting us. To contact us please use the ‘chat’ function on our website] or email email@example.com.
2.3. How to give us formal notice of any matter under the Contract is set out in clause
3. OUR CONTRACT WITH YOU
3.1. Our contract. These terms and conditions (Terms) apply to any order by you and
supply of Goods by us to you (Contract). No other terms are implied by trade, custom,
practice or course of dealing.
3.2. Entire agreement. The Contract is the entire agreement between us in relation to its
subject matter. You acknowledge that you have not relied on any statement, promise
or representation or assurance or warranty that is not set out in the Contract.
3.3. Your copy. You should print a copy of these Terms or save them to your computer
for future reference.
4. PLACING AN ORDER AND ITS ACCEPTANCE
4.1. Placing your order. Please follow the onscreen prompts to place an order. Each
order is an offer by you to receive the Goods specified in the order subject to these
4.2. Correcting input errors. Our order process allows you to check and amend any
errors before submitting your order to us. Please check the order carefully before
confirming it. You are responsible for ensuring that your order is complete and
4.3. Acknowledging receipt of your order. After you place an order, you will receive an
email from us acknowledging that we have received it, but please note that this does
not mean that your order has been accepted. Our acceptance of your order will take
place as described in clause 4.4
4.4. Accepting your order. Our acceptance of your order takes place when we send the
email to you to accept it, at which point the Contract between you and us will come
4.5. If we cannot accept your order. The Offer is strictly subject to availability and to
you being eligible to benefit from the Offer and to receive the Goods. If we are
unable to supply you with the Goods for any reason, we will inform you of this by
email and we will not process your order. We will refund to you any amounts
received from you including any delivery costs charged as soon as possible.
4.6. Cancellation. If we mistakenly accept and process your order where it transpires
that you were not eligible to benefit from the Offer, we may cancel the supply of the
Goods and will inform you of this by email. You will be liable to return any Goods
delivered to you upon request from us.
5. OUR GOODS
5.1. The images of the Goods on our site are for illustrative purposes only. Although we
have made every effort to display the colours accurately, we cannot guarantee that
your computer's display of the colours accurately reflect the colour of the Goods. The
colour of your Goods may vary slightly from those images.
5.2. The packaging of your Goods may vary from that shown on images on our site.
5.3. We reserve the right to amend the specification of the Goods if required by any
applicable statutory or regulatory requirement.
6. RETURN AND REFUND
6.1. You may cancel the Contract and receive a refund of any amounts paid to us by you
referable to your order. If you wish to cancel the Contract you should notify us as set
out in clause 6.36.3 within 7 days of your decision to cancel the Contract.
6.2. However, this cancellation right does not apply in the case of:
6.2.1. bottles of hand sanitiser which you have opened after you receive them;
6.2.2. any Goods which become mixed inseparably with other items after their delivery.
6.3. To cancel the Contract, you must contact us using the ‘chat’ function on our website or email firstname.lastname@example.org, providing details of your order to help us to identify it such as the order number and delivery address and postcode. Your cancellation is effective from the date you notify us in the manner outlined above.
6.4. If you have returned the Goods to us under this clause 6 because they are faulty or
mis-described, we will refund any amounts paid by you that are referable to the faulty
or mis-described Goods on the credit card or debit card used by you to pay.
6.5. If Goods have been delivered to you before you decide to cancel the Contract then
you must return them 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 Contract. You
can either send them back or hand them to our authorised carrier. Please see our
Returns page website for our returns address, printable returns labels and information
about our authorised carrier and how to arrange a return. If we have offered to collect
the Goods from you we will collect the Goods from the address to which they were
delivered. We will contact you to arrange a suitable time for collection.
7. DELIVERY, TRANSFER OF RISK AND TITLE
7.1. We will contact you with an estimated delivery date, which will generally be within 14
days after the date on which we email you to confirm our acceptance of your order.
Occasionally our delivery to you may be affected by an Event Outside Our Control.
See clause 14 (Events outside our control) for our responsibilities when this happens.
7.2. Delivery is complete once the Goods have been unloaded at the address for delivery
set out in your order and the Goods will be at your risk from that time.
7.3. You own the Goods once we have received payment in full of any amounts payable
by you, including all applicable delivery charges.
7.4. If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement
goods of a similar description and quality in the cheapest market available, less the
price of the Goods. However, we will not be liable to the extent that any failure to
deliver was caused by an Event Outside Our Control, or because you failed to provide
adequate delivery instructions or any other instructions that are relevant to the supply
7.5. If you fail to take delivery within 5 days after the day on which we notified you that the
Goods were ready for delivery, we may offer the Goods for delivery to any other
8. NO INTERNATIONAL DELIVERY
8.1. Unfortunately, the Offer is not available to any person resident outside of the UK or who is not eligible to benefit from the offer.
8.2. You may place an order for Goods from outside the UK, but this order must be for
delivery to an address in the UK.
9. PRICE OF GOODS AND DELIVERY CHARGES
9.1. The prices of the Goods (if applicable) will be as quoted on our site at the time you
submit your order. We take all reasonable care to ensure that the prices of Goods are
correct at the time when the relevant information was entered onto the system.
However, please see clause 09.5 for what happens if we discover an error in the price
of Goods you ordered.
9.2. Prices for our Goods may change from time to time, but changes will not affect any
order you have already placed.
9.3. The price of Goods excludes VAT (where applicable) at the applicable current rate
chargeable in the UK for the time being. However, if the rate of VAT changes between
the date of your order and the date of delivery, we will adjust the VAT you pay, unless
you have already paid for the Goods in full before the change in VAT takes effect.
9.4. The price of the Goods does not include delivery charges. Our delivery charges are
as advised to you during the check-out process, before you confirm your order. To
check relevant delivery charges, please refer to our website.
9.5. It is always possible that, despite our reasonable efforts, some of the Goods on our
site may be incorrectly priced. If we discover an error in the price of the Goods you
have ordered we will contact you to inform you of this error and we will give you the
option of continuing to purchase the Goods at the correct price or cancelling your
order. We will not process your order 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. If we mistakenly 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 cancel supply of
the Goods and refund you any sums you have paid.
10. HOW TO PAY
10.1. You can only pay for Goods using a debit card or credit card.
10.2. Payment for the Goods and all applicable delivery charges is in advance. We will not
charge your debit card or credit card until we dispatch your Goods.
11. OUR WARRANTY FOR THE GOODS
11.1. The Goods are intended for use only in the UK. We do not warrant that the Goods
comply with the laws, regulations or standards outside the UK.
11.2. We provide a warranty that on delivery, the Goods shall:
11.2.1. subject to clause 5, conform in all material respects with their description;
11.2.2. be free from material defects in design, material and workmanship.
11.3. Subject to clause 11.4, if:
11.3.1. you give us notice in writing within a reasonable time of discovery that
some or all of the Goods do not comply with the warranty set out in clause 11.2
11.3.2. we are given a reasonable opportunity of examining the Goods; and
11.3.3. if we ask you to do so, you return the Goods to us at our cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the
defective Goods in full.
11.4. We will not be liable for breach of the warranty set out in clause 11.2 if:
11.4.1. you make any further use of the Goods after giving notice to us under
11.4.2. you alter or repair the Goods without our written consent;
11.4.3. the defect arises as a result of fair wear and tear, wilful damage,
negligence, or abnormal storage or working conditions; or
11.4.4. the Goods differ from their description or specification as a result of
changes made to ensure they comply with applicable statutory or
11.5. We will only be liable to you for the Goods' failure to comply with the warranty set out
in clause 11.2 to the extent set out in this clause 11.
11.6. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the
fullest extent permitted by law, excluded from the Contract.
11.7. These Terms also apply to any repaired or replacement Goods supplied by us to you.
12. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
12.1. References to liability in this clause 12 include every kind of liability arising under or
in connection with the Contract including but not limited to liability in contract, tort
(including negligence), misrepresentation, restitution or otherwise.
12.2. We only supply the Goods for internal use by your business, and you agree not to use
the Goods for any resale purposes.
12.3. Nothing in these Terms limits or excludes our liability for:
12.3.1. death or personal injury caused by our negligence;
12.3.2. fraud or fraudulent misrepresentation;
12.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979
(title and quiet possession); or
12.3.4. any other liability that cannot be limited or excluded by law.
12.4. Subject to clause 12.312.3, we will under no circumstances be liable to you for:
12.4.1. any loss of profits, sales, business, or revenue;
12.4.2. loss of business opportunity;
12.4.3. loss of anticipated savings;
12.4.4. loss of goodwill; or
12.4.5. any indirect or consequential loss.
12.5. Subject to clause 12.3, our total liability to you for all losses arising under or in
connection with the Contract will in no circumstances exceed the total amount
received by you in respect of the particular order.
12.6. Except as expressly stated in these Terms, we do not give any representations,
warranties or undertakings in relation to the Goods. Any representation, condition or
warranty which might be implied or incorporated into these Terms by statute, common
law or otherwise is excluded to the fullest extent permitted by law. In particular, we
will not be responsible for ensuring that the Goods are suitable for your purposes.
13.1. Without limiting any of our other rights, we may suspend the supply or delivery of the
Goods to you, or terminate the Contract with immediate effect by giving written notice
to you if:
13.1.1. you commit a material breach of any term of the Contract and (if such a
breach is remediable) fail to remedy that breach within 7 days of you being
notified in writing to do so;
13.1.2. you fail to pay any amount due under the Contract on the due date for
13.1.3. we have a reasonable belief that you have ordered more than the
maximum specified number of Packages per premises operated by you
or that you have offered any of the Goods for resale;
13.1.4. you take any step or action in connection with you entering administration,
provisional liquidation or any composition or arrangement with your
creditors (other than in relation to a solvent restructuring), being wound
up (whether voluntarily or by order of the court, unless for the purpose of
a solvent restructuring), having a receiver appointed to any of your assets
or ceasing to carry on business;
13.1.5. you suspend, threaten to suspend, cease or threaten to cease to carry on
all or a substantial part of your business; or
13.1.6. your financial position deteriorates to such an extent that in our opinion
your capability to adequately fulfil your obligations under the Contract has
been placed in jeopardy.
13.2. Termination of the Contract shall not affect your or our rights and remedies that have
accrued as at termination.
13.3. Any provision of the Contract that expressly or by implication is intended to come into
or continue in force on or after termination shall remain in full force and effect.
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 the Contract that is caused by any act or event beyond
our reasonable control (Event Outside Our Control).
14.2. If an Event Outside Our Control takes place that affects the performance of our
obligations under the Contract:
14.2.1. we will contact you as soon as reasonably possible to notify you; and
14.2.2. 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.3. You may cancel the Contract 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 relevant Goods you have already received
and we will refund the price you have paid, including any delivery charges.
15. COMMUNICATIONS BETWEEN US
15.1. When we refer to "in writing" in these Terms, this includes email.
15.2. Any notice or other communication given by one of us to the other under or in
connection with the Contract must be in writing and be delivered personally, sent by
pre-paid first class post or other next working day delivery service, or email.
15.3. A notice or other communication is deemed to have been received:
15.3.1. if delivered personally, on signature of a delivery receipt or at the time the
notice is left at the proper address;
15.3.2. if sent by pre-paid first class post or other next working day delivery
service, at 9.00 am on the second working day after posting; or
15.3.3. if sent by email, at 9.00 am the next working day after transmission.
15.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter,
that such letter was properly addressed, stamped and placed in the post and, in the
case of an email, that such email was sent to the specified email address of the
addressee and that no message indicating that the email was ‘undeliverable’ was
received in response.
15.5. If you wish to serve a notice on us, please send it to
email@example.com. We may serve notices on you by email by addressing
them to the email address you provide in your order.
15.6. The provisions of this clause shall not apply to the service of any proceedings
or other documents in any legal action.
16.1. Assignment and transfer.
16.1.1. We may assign or transfer our rights and obligations under the Contract
to another entity by posting on this webpage if this happens.
16.1.2. You may only assign or transfer your rights or your obligations under the
Contract to another person if we agree in writing.
16.2. Variation. Any variation of the Contract only has effect if it is in writing and signed by
you and us (or our respective authorised representatives).
16.3. Waiver. If we do not insist that you perform any of your obligations under the Contract,
or if we do not exercise our rights or remedies against you, or if we delay in doing so,
that will not mean that we have waived our rights or remedies against you or that you
do not have to comply with those obligations. If we do waive any rights or remedies,
we will only do so in writing, and that will not mean that we will automatically waive
any right or remedy related to any later default by you.
16.4. Severance. Each paragraph of these Terms operates separately. If any court or
relevant authority decides that any of them is unlawful or unenforceable, the remaining
paragraphs will remain in full force and effect.
16.5. Third party rights. The Contract is between you and us. No other person has any
rights to enforce any of its terms.
16.6. Governing law and jurisdiction. This Contract is governed by English law and each
party irrevocably agrees to submit all disputes arising out of or in connection with this
Contract to the exclusive jurisdiction of the English courts.