STRICTLY OVER 18’s ONLY
We take our responsibilities under the Licensing Act 2003 very seriously therefore you must be 18 or over to purchase our products. If you are under the age of 18, please leave our website immediately and do not attempt to purchase any of our products. Remember, it is a criminal offence to purchase or attempt to purchase alcohol if you are under the age of 18.
UNITED KINGDOM RESIDENTS ONLY
We deliver to addresses in the United Kingdom only therefore this website and our products are strictly for residents of the United Kingdom. If you are not a United Kingdom resident, please do not attempt to purchase any of our products.
1. General Overview
1.1. The website www.duskbegins.co.uk (“our website”) is owned and operated by Half Gill Limited, trading as Dusk, heron referred to as “us”, “we” or “our”. We are a company registered in Scotland (Registration No. SC616750) with our registered office at 10 Bon Accord Square, Aberdeen, AB11 6JD
1.2. Your use of our website and/or purchase of our products are at all times subject to these terms and conditions. By accessing our website and/or purchasing our products, you are agreeing to our terms and conditions. If you do not agree to these terms and conditions you must leave our website immediately and not purchase any of our products.
1.3. We reserve the right, with or without notice to you, to change these terms and conditions at our sole discretion. The terms and conditions applicable to your use of our website and/or purchase of our products are the version which are displayed on our website at the time of you accessing our website. Your use of our website and/or the purchase of our products after changes to the terms and conditions means you agree to be bound by such changes. These terms and conditions were last updated on 4th August 2020.
2. Use of Website
2.1. You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to harm, interrupt, damage, destroy or limit the functionality of any software or hardware linked with our website.
2.2. You agree to conduct yourself in a non-offensive manner while using our website, not to impersonate any other person while using our website nor use our website for any illegal, immoral or harmful purpose.
2.3. It is your responsibility to ensure your computer system meets all the necessary technical specifications to access and use our website.
2.4. We will not be held liable for any loss or damage that results from your failure to maintain the confidentiality of your account and password. You are solely responsible for all activity that takes place on your account and for restricting access to your computer.
2.5. All content and programming of our website is our property therefore you may not modify, copy, reproduce, de-compile or reverse engineer any of the software, materials or content on our website without our written permission.
3. Intellectual Property Rights
3.1. All intellectual property rights relating to our website, including our text, graphics, software, photographs, images, trademarks and logo, are owned by us. You are not given any rights in respect of the intellectual property rights owned by us and you acknowledge and agree that you do not acquire any ownership of any such intellectual property rights by virtue of using our website.
3.2. If you provide us with any feedback, reviews, suggestions, ideas or information regarding our service or our website (“feedback”), you agree and acknowledge that you assign all rights in the feedback to us which gives us the right to use your feedback in any way we see fit. You agree that you will not provide us with any feedback that you consider to be confidential or proprietary and therefore we will regard it as such.
3.3. When our website contains links to third party websites, these links are provided for your convenience to provide further information. We have no responsibility for the content, privacy policies or operation of such linked websites or for anything provided (or not) by the third parties controlling such linked websites. Such links to websites included on our website do not signify that we endorse the third party website or the products and/or services offered.
3.4. We reserve the right to ask you to remove a link that you have created to our website if we want you to remove it.
3.5. We respect third party intellectual property rights and although we refer to them on our website and on the bottle labels which we produce, we do not assert any rights of ownership over any brands or trademarks owned by third parties.
4. Availability of Website
4.1. We will always aim to offer you the best service possible however, we make no promise that our website services will be available all the time, be fault free or meet your requirements. If a fault occurs with the website, please report it to us using the contact details on the contact us page and we will correct the fault as soon as we reasonably can.
4.2. We may need, from time to time, to carry out repairs, maintenance or introduce new facilities or services to our website. In such an event, we may need to restrict your access to our website. We will restore your access to our website as soon as we reasonably can. If our website is unavailable, our usual order and cancellation deadlines apply but please notify us of any changes to your order using the contact details on the contact us page.
5. Registering With Us
5.1. To purchase products from our website and/or subscribe to our subscription service, you must first register an account with us by completing the registration form on our website.
5.2. To register an account with us you must be an individual, resident in the United Kingdom and be aged 18 years and over. You must also agree to comply with these Terms and Conditions. By creating an account with us, you are confirming that you are an individual, a resident of the United Kingdom and are aged 18 years and over.
5.3. You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
5.4. We may refuse at our absolute discretion any application to register with us or receive our services and/or purchase our products for any reason whatsoever.
5.5. All activities and purchases that occur under your account are your responsibility. You must notify us immediately if you know of, or suspect, that someone other than you have obtained access to your account.
6.1. The price of our products is as quoted on our website. Prices stated include VAT and standard delivery charges.
62. We take payments by continuous payment authority for our subscription service. You will be charged on a Monday from 00:15 for despatch by Wednesday.
6.3. In the event of a payment day falling on a bank holiday, we will instead take payment on the last working day immediately preceding the bank holiday.
6.4. If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future products to prevent any interruption to the service.
6.5. Banking charges incurred by you due to us requesting payments on your account are solely your responsibility.
6.6. We reserve the right to change the fees for our subscription service at any time. We agree to notify you at least 30 days in advance of any change in fees. Remember, you can cancel your subscription at any time.
7. Our Products
7.1. We reserve the right to change the ingredients in our products without giving notice. As a result, the product which you receive from us may not contain the same ingredients as shown in product images on our website.
7.2. We reserve the right to withdraw any product without giving notice.
8.1. Our products can only be delivered to addresses within the United Kingdom (including Northern Ireland).
8.2. Proof of delivery is obtained by us and an individual aged 18 years and over will have to be present to accept delivery. We reserve the right to use alternative delivery methods without prior notice.
8.3. You will not hold us responsible for any delays to the delivery of our products which are outside our control.
8.4. It is your responsibility to report all lost or undelivered products to us within 7 days of the expected date of delivery.
8.5. If our product does not fit through your letter box and/or you are not at the address during delivery, The courier should leave a card with information about collection or re-delivery. Due to the perishable nature of the goods within our products, it is your responsibility to arrange receipt of the box within 3 working days. We will not be held responsible for refunding or replacing the product if this process has not been followed.
8.6. If you change address, it is your responsibility to update your address details in the relevant section of our website to ensure that our products are not sent to the wrong address. Please ensure this is done in time to take effect before your next shipment is due as you will not be refunded or credited for any products posted to the wrong address.
8.7. We reserve the right to cancel your account with us if, in our opinion, the postal service in your area is too unreliable.
9.1. You can cancel or change your subscription at any time by visiting the relevant section within our website. To stop your next scheduled product being paid for and thus delivered, or for your subscription changes to take effect, you must cancel or make the changes by 5pm on the last day prior to payment being taken i.e. by 5pm on a Sunday before payment is taken on the following Monday.
9.2. The cancellation/change cut-off time will change in the event of the payment date falling on a bank holiday. As per term 6.3. the payment date will revert to the last working day prior to the bank holiday. As a result, the cut-off date will change but remain at 5pm on the last day prior to the payment date i.e. a payment date moved forward to a Friday will result in a cut-off for cancellation/changes to 5pm Thursday.
9.3. It is your responsibility to ensure that any such cancellation or change is not only transmitted by you, but received by us, in time for the deadline.
9.4. We reserve the right to terminate or restrict your use of our service for any or no reason whatsoever, especially if we believe you are in breach of any obligation under these Terms and Conditions, with such termination being immediate, with or without notice.
9.5. We may cancel a contract under these Terms and Conditions by providing written notice to you, by email, if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation, any unavailability of products, any technical error or any governmental regulations, fire, flood, disaster, riot, war, terrorist attack, power failure or industrial dispute affecting any third party or similar force majeure event.
11. Limitations on Liability
11.1. Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for fraud or fraudulent misrepresentation; death or personal injury caused by our negligence; breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; under Part I of the Consumer Protection Act 1987; or any other liability to the extent the same may not be excluded or limited as a matter of law.
11.2. Nothing in this clause or otherwise in these Terms and Conditions restrict any of your statutory rights. For further information about your statutory rights, contact your local authority’s Trading Standards Department or Citizen’s Advice Bureau.
11.3. In no event shall we be liable to you for any business losses, subject to clause 12.1. above. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Foreseeable losses are where they could be contemplated by you and us at the time your order is accepted by us.
12. Applicable Law
12.1. Your use of our website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of Scotland. Disputes arising from your use of our website and the services we provide are to subject to the non-exclusive jurisdiction of the courts of Scotland.
13. Assignment by us
13.1. You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, subcontract or delegate any of your obligations under these Terms and Conditions.
14. No Waiver
14.1. If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
15. Accounts are Non-transferable
15.1. Accounts with Half Gill Limited are not transferable and therefore cannot be sold or traded.
16. Force Majeure
16.1. We will not be liable to you for any lack of performance or the unavailability or failure of our website or our services which arises from any cause reasonably beyond our control.
17. Third Party Rights
17.1. Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.