MULBERRY STREET® is the registered trade mark of T&C Brands Ltd

TERMS AND CONDITIONS

TERMS AND CONDITIONS:

 

USE OF THE WEBSITE

TERMS OF USE

PRIVACY POLICY

COOKIES POLICY

TERMS OF SALE

 

USE OF THE WEBSITE

 

This website is owned and operated by The Italian Seltzer Company Limited (referred to below as “TISC”, “we”, “our” or “us”).
By accessing this website you agree to be bound by these website Terms of Use, Privacy Policy, Cookies Policy and Terms of Sale (collectively called “Terms and Conditions”).  If you do not agree to be bound by these Terms and Conditions, please do not use or access this website.
References to this website in these Terms and Conditions apply to this website however you access it, including accessing this website through mobile devices. Contracts for the supply of products formed through our website or as a result of visits made by you are governed by our Terms of Sale, as detailed below.

Any questions regarding these Terms and Conditions or subsequent issues should be directed to:


THE ITALIAN SELTZER COMPANY : 17 HOLLAND AVENUE CHEAM SM26HW TELEPHONE: 07976837417

EMAIL:    info@theitalianseltzercompany.com  

REGISTERED OFFICE:  17 HOLLAND AVENUE CHEAM SM26HW


TERMS OF USE

 

Please read these Terms of Use carefully.

We may change the content of this website from time to time, including our Terms of Use. Your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the website.
We reserve the right to modify or withdraw, temporarily or permanently this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

Disclaimer of liability

TISC has taken every care in the preparation of the content of this website. However, to the extent permitted by applicable law, TISC does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from this website. Further, no warranty is given that the website shall be available on an uninterrupted basis, and no liability can be accepted in respect of loss or damage arising out of such unavailability.

Access to and use of this website is at the user's own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the website.

Except as expressly provided in these Terms of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

We do not seek to exclude or limit our liability to you for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Except as set out above, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
- any direct losses
- any indirect, special or consequential losses;
- any losses or damages arising out of changes made to the content of this website by unauthorised third parties;
- any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
- loss or damage to your, or any third party's, data or records; or
- any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

If any of the above types of loss are found to be unlawful, void, or for any reason unenforceable by a court, then that type of loss shall be deemed removed from the above and shall not affect the validity and enforceability of the remaining types of loss.

Linking policy
This policy only applies to us. If you link to another website from our website, you should remember to read and understand that website’s privacy policy as well. We do not control unconnected third-party websites and are not responsible for any use of your personal data that is made by unconnected third party websites.

Registering on the website

Customers may register to use the services available from this website. TISC may decline a registration request at its sole discretion. By registering for the services, you agree that:
- The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
- You will notify us immediately of any changes to the personal information by updating your details within the My Account' section on the website.
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

To comply with licensing and other legislation some services on this website are only available to those aged 18 years and over and we will ask you to enter your date of birth before accessing such services.


Intellectual property
We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights on this website, and in the material published on it. Your use of the website grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.

Subject to the following paragraph, you may not modify, copy, translate, broadcast, perform, distribute, frame, reproduce, republish, post, transmit or sell any content or intellectual property appearing on this website. You agree not to change or delete any ownership notices from materials downloaded or printed from the website.

You may print or otherwise copy materials published on this website for personal use only, provided that any copy of these materials which you make retains all copyright and other proprietary notices.

If you print off, copy or download any part of this website in breach of these Terms of Use, we reserve the right to suspend or terminate your use of this website immediately and you must, at our option, return or destroy any copies of the materials you have made.

Miscellaneous
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable by a court, then that provision shall be deemed severed from the rest of these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

These Terms of Use are governed by the laws of England and the courts of London, England will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.

No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

Please read the terms of the Privacy Policy and Cookies Policy which contains important information about the use of the personal information you provide when using this website and our use of cookies.

 

PRIVACY

PRIVACY POLICY

 

Your privacy is very important to us. This Privacy  and Cookies Policy describes how The Italian Seltzer Company Limited ( referred to below as “TISC”, “we”, “our” or “us”) and its website (the “Site” or “we”) collects, uses, and discloses your personal data and information when you visit or make a purchase from the Site.

 

Please note that you do not have to provide any information to use this website, but if you do choose to withhold certain data you will not be able to access certain sections or facilities within the site. If you do not wish to be sent further information but wish to make full use of this site, please click the relevant box indicating this wish during registration.

 

We will treat all of your personal data as confidential. We will keep it on a secure server and fully comply with all applicable privacy regulations and consumer legislation. Please refer to our Privacy Notice here for more details. You can also find information in the Privacy Notice on how to stop receiving marketing information.


If you have any questions about this Notice, please email   info@theitalianseltzercompany.com during normal working hours.



This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data, and keep it safe.

 

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

 

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels 
  • Disclosure for a business purpose: shared with our processor Shopify Fulfilment Crowd

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify Fulfilment Crowd, Pay Pal

Customer support information

  • Examples of Personal Information collected: 
  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.
  • Disclosure for a business purposeFulfilment Crowd

 

Minors

The Site is not intended for individuals under the age of 18 years of age. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
  • For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.

 

Behavioural Advertising

 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

 

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

 

 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

 

Using Personal Information

 

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers.

 

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

 

Services that include elements of automated decision-making include:

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
  • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

Your rights

 

GDPR

 

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

 

 

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

 

COOKIES POLICY

 

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

 

Cookies Necessary for the Functioning of the Site:

 

Name

Function

_ab

Used in connection with access to admin.

_secure_session_id

Used in connection with navigation through a storefront.

cart

Used in connection with shopping cart.

cart_sig

Used in connection with checkout.

cart_ts

Used in connection with checkout.

checkout_token

Used in connection with checkout.

secret

Used in connection with checkout.

secure_customer_sig

Used in connection with customer login.

storefront_digest

Used in connection with customer login.

_shopify_u

Used to facilitate updating customer account information.

Reporting and Analytics

Name

Function

_tracking_consent

Tracking preferences.

_landing_page

Track landing pages

_orig_referrer

Track landing pages

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_p

Shopify analytics relating to marketing & referrals.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

 

 

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

 

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

 

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

 

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

 

Do Not Track

 

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

 

Changes

 

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

 

Contacts

 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@theitalianseltzercompany.com or by mail using the details provided below:

17 HOLLAND AVENUE, LONDON SM26HW, United Kingdom

Last updated: 18/08/2021

 

Contacting the regulator

 

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

 

You can contact them by calling 0303 123 1113.
Or go online to www.ico.org.uk/concerns. (please note we can't be responsible for the content of external websites)

 

If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.

 

We hope this has been helpful in setting out the way we handle your personal data and your rights to control it.

 

If you have any questions that haven’t been covered, please contact our Data Protection Officer who will be pleased to help you:

 

Email us on info@theitalianseltzercompany.com

 

 

TERMS OF SALE

 

These Terms and Conditions of Sale ("Terms of Sale") are the terms and conditions on which The Italian Seltzer Company Limited ( referred to below as “TISC”, “we”, “our” or “us”)  a company incorporated in England and Wales (registered number 13032688 with its registered address at 17 Holland Avenue Cheam SM26HW, provides products to you. 

In addition to the Terms of Use, your purchase of products which we supply to you through the website is subject to these Terms of Sale. Please read the Terms of Sale carefully before ordering any products through the website, as by ordering any of our products (or services) you agree to be bound by the Terms of Sale. You will be asked to tick a box on the final page of the checkout section of the website to confirm that you accept these Terms of Sale, before you may proceed with your order. If you do not accept these Terms of Sale and do not tick this box, you will not be able to order any products from this website.

Delivery times and options may vary depending on the type of product that you order.

 

Ordering  process

To create the contract between you and us are as follows:
- You must add the products you wish to purchase to your shopping cart and then proceed to the checkout.
- If this is your first purchase on the website you may then create an account with us and log in.  You may also proceed as a guest, without logging in, or creating an account.
- You will then be asked to input your shipping and payment details.
- Once you have completed compiling your order you will be asked to confirm that it is correct, and that you agree to these Terms of Sale.

 

If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order. It is your responsibility to ensure that your order is correct before submitting it to us. If you are purchasing products containing alcohol, you will also be asked to enter your date of birth to confirm that you are aged over 18.
- You will be guided through the process of placing an order by a series of simple instructions on this website.
- After you have submitted your order to us, we will process the payment details you have given us to take payment for your order
- We will email you an order acknowledgement email detailing the products you have ordered. You should check the order acknowledgement email for accuracy and let us know immediately if there are any errors. That email does not constitute acceptance of your submitted order.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions below. Title will pass on delivery of the products, provided that we have processed and received payment in full for the products.

Non-acceptance of an order may be a result of one of the following:
- The product you ordered is not available from stock.
- We are unable to obtain authorisation for your payment.
- A price or product description error is identified.
- You do not meet the eligibility to order criteria set out in the Terms of Sale.

If there are any problems with your order, a representative from TISC will endeavour to contact you.

The contract will be concluded in English.

If you do require any information regarding orders you have placed with TISC , please email info@theitalianseltzercompany.com


Delivery restrictions

We reserve the right to restrict deliveries in certain areas. This includes the right to withdraw our services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.

Delivery arrangements
All deliveries can only be made within the UK. At the point at which you place your order, the full list of delivery options will be shown.

Our deliveries are made by third party carriers. When your order has been despatched, you will receive an email to confirm that your order is on its way.

All deliveries require a signature by someone over the age of 18; if you are not in, the carrier will attempt delivery to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery.
You should keep your delivery note and all packaging and should notify Customer Care immediately if any of the order is missing or damaged. Where the delivery contains alcoholic merchandise, the delivery driver may ask for appropriate proof of age identification bearing a photograph, date of birth and a holographic mark if they consider that the recipient does not appear to be over the age of 18. Where the delivery cannot be signed for by a person over the age of 18 or where the delivery driver is not satisfied that the person has been able to provide acceptable proof of age identification then the delivery will not be made and a card will be left with instructions on how to arrange re-delivery.

General payment provisions
The card stipulated when placing your order will only be accepted by us. Once payment details have been given we will charge your card.

For payment cards, all credit and debit cardholders and bank/building society account holders respectively are subject to validation checks and authorisation. If the issuer of your payment card or our third party validation service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the products which you have ordered as a result.
By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties (including credit reference and fraud detection agencies) from time to time, including but not limited to your name, address, telephone number, debit or credit card details, cheque details or credit reports, to authenticate your identity and delivery address for the products, validate your payment card and obtain authorisations for your payments for products.

Errors and shortages
TISC may decline to fulfil any order, including bulk purchase of items on promotion, or included in a special offer.
In the event of there being errors or shortages, these should be brought to the attention of TISC no later than three days after the delivery.
Whilst we try to ensure that all prices on the website are accurate, errors may sometimes occur. In the event that a product you have ordered is listed at an incorrect price due to a typographical or administrative error, we will notify you of the correct price by telephone or email before despatching your order, asking you to confirm you still wish to proceed with your order at the correct price. Once we have received your confirmation we will then despatch your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our price correction email, we will consider this as a withdrawal of your order and we will delete your payment details from our system.
As stated above, a contract is formed between TISC and you when we despatch the goods you have ordered and not before. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by TISC nor at the point in time that you receive an email from TISC acknowledging receipt of your order.

Product information
TISC has produced product information on this website for the general information of the public. It contains information gathered from various sources and, although we believe it to be accurate at the time of publication, we accept no responsibility for, and make no representation nor gives any warranty or undertaking express or implied as to the accuracy or completeness of the information.

General pricing policy
Prices include the prevailing VAT rate and exclude delivery cost unless otherwise stated. If a delivery charge applies to your order you will be notified both during the ordering process online and again in the acknowledgement of order email we send to you. Prices, offers and products are subject to availability and may change at any time prior to our despatching your order and taking payment from you.


Contract cancellation under the Distance Selling Regulations
Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services. Certain types of items cannot be returned, like perishable goods or sale items.


If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.

To exercise the right to cancel, you must inform us of your decision to cancel your purchase by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.

Notice of such cancellation must be given by emailing info@theitalianseltzercompany.com 

If you decide to cancel, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.


Alcoholic merchandise
The website sells products containing intoxicating liquor ie a drink containing alcohol is classified as intoxicating if it contains more than 0.5% of alcohol by volume. Pursuant to the Licensing Act  laws it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor

 

TISC is committed to upholding both its legal and social obligations as a retailer of intoxicating liquor. To achieve this we have a number of control checks throughout the purchase and physical distribution process (e.g. requesting your date of birth when the order is placed and requirements for age identification on delivery where the recipient appears to be under the age of 18).

In accepting these Terms and Conditions you agree to provide TISC truthful and accurate information and act in accordance with the Licensing Act laws .

Returns
You may return or exchange products, subject to the cancellation rights set out above, within 7 days of the despatch date. Products must be returned in their original packaging. If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. To return products, please contact TISC as described in the cancellation rights set out above. TISC team will inform you of how the products are to be returned inc. costs involved.

Refunds
On cancellation or return of products to us (as referred to below), we will make a refund to you of the full value of the payment made to us, excluding delivery charges, where applicable. A refund of the original delivery charge will be given (if applicable) in the instance of incorrect, damaged or faulty goods or if your order is cancelled within 7 days from the day after which you have received the goods .

Where you paid for products by payment card, refunds will be made by re-crediting your payment card account from which the money was originally debited. Where you paid for products using gift vouchers or credit notes, refunds will be made in credit vouchers of equivalent value. Where you part-paid for products using gift vouchers and the remainder by payment card, the amount charged to your payment card will be re-credited to your payment card account and the amount paid in credit vouchers refunded of equivalent value.
All refunds will be made within 30 working days either:
- (where products have not yet been shipped to you) of our confirmation in writing to you that your order has been cancelled; or
- (where products have been shipped to you) of receipt of the returned products by us.

Damaged goods
Please check your delivery as soon as possible after it arrives. In the unlikely event your delivery has arrived damaged please email TISC within 24 hours of delivery.

Liability for products delivered
As a consumer, you have legal rights in relation to goods that are faulty or not as described. Nothing in these Terms of Sale will affect these legal rights.
Please note that the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.

Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Except as expressly provided in these Terms of Sale, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982;
- any liability arising under the Consumer Protection Act 1987; or
- any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Except as set out above, we are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts; or
- loss of anticipated savings,
provided that this shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the above.

Notices
All notices given by you to us must be given to TISC at either 17 Holland Avenue Cheam SM26HW or email info@theitalianseltzercompany.com  We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served (one) working day after an email is sent,. In proving the service of any notice evidence that such email was sent to the specified email address of the addressee to be provided.

Miscellaneous
These Terms of Sale set out the whole agreement between us relating to your purchase of products via the website. No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature, quality or availability of the website or any products made available on the website.
If any provision of these Terms of Sale is found to be unlawful, void, or for any reason unenforceable by a court, then that provision shall be deemed severed from the rest of these Terms of Sale and shall not affect the validity and enforceability of the remaining provisions.
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
These Terms of Sale are governed by the laws of England and the courts of England will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.
A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.
You will be subject to the policies and Terms of Sale in force at the time that you order products from us, unless any change to those policies or these Terms of Sale is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms of Sale before we take payment from you and despatch your order to you. In the event that there is a change to the policies and/or Terms of Sale, we will notify you of the change by email before despatching your order, asking you to confirm you still wish to proceed with your order. Once we have received your confirmation we will then despatch your order. If you do not confirm that you wish to proceed with the order within 7 (seven) days of the date of our email which notifies you of the change, we will consider this as a withdrawal of your order and we will delete your payment details from our system.

 

 

 

 

 

 

 

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