Terms of Service.
These Terms (Terms) will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully before ordering any Product from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Product(s) from us.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Product(s), please check these Terms to ensure you understand the Terms which will apply at that time. These Terms came into effect when updated.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the App and the Website HEAVENSAKE.COM. We are Lucky Sake AG, a company registered in Switzerland under company number CHE-304.780.054 and with our registered office at Grabenstrasse 9, 6430 Baar. Our Swiss VAT number is CHE-319.292.786.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. You shall e-mail us at FLOW@HEAVENSAKE.COM or contact us by post to Grabenstrasse 9, 6430 Baar. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at FLOW@HEAVENSAKE.COM.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by e-mailing at FLOW@HEAVENSAKE.COM or via our site. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
1.4 Our logistics and supply chain is powered by multiple third parties.
2. OUR PRODUCTS
2.1 The images of the Products on our Sites are for illustrative purposes only.
2.2 The packaging of the Products may vary from that shown on images on our Sites.
3. USE OF OUR SITES
Your use of our Sites is governed by our Terms. Please take the time to read these, as they include important conditions which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
4.2 By providing your details to us on our site, you consent to us maintaining, recording, holding and using the information you give us at the time of ordering to process your orders, to improve our service to you and inform you of any promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
4.3 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your Products to you, e.g. our delivery carrier.
4.4 We will use information about you to make marketing offers via email, telephone and mail based on your Products preferences from time to time.
4.5 If you opt-out from receiving our marketing communications or from approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
4.6 Phone calls received and made by us may be monitored or recorded for training and quality purposes. If you have any questions regarding our privacy policy, please email us at FLOW@HEAVENSAKE.COM
4.7 You acknowledge and agree to be bound by the terms of our privacy policy as set out in this clause 14.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old or 21 years old in the Unites States.
5.2 If you are buying any Product(s) as a gift the recipient must also be over 18 years old or 21 years old in the Unites States.
5.3 If our carriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the Product(s) is unable to produce appropriate ID, unfortunately our carrier will be unable to complete the delivery.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms together with our current Privacy, Cookie, Returns and Cancellation Policy and website prices constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Currently we only sell product through third parties, which means there is no direct contract with us in terms of purchasing product.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Product(s) from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; an/ or
(b) circumstances affecting us
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Product(s) or just the Product(s) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Product(s) you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 9 only applies if you are a business customer.
9.1 We only supply the Product(s) for internal use by your business.
9.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective Product(s) under the Consumer Protection Act 1987.
9.3 Subject to clause 9.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
9.4 Subject to clause 9.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product(s).
9.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Product(s). 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 Product(s) are suitable for your purposes.
10. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 10 only applies if you are a consumer.
10.1 If the Product(s) we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery to you of the Product(s) in question. We may ask you for evidence of the damaged or defected Product(s).
10.2 If you do not receive Product(s) ordered by you within 15 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address within 5 days of the date on which you ordered the Product(s).
10.3 If you notify a problem to us under condition 10.2, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any Product(s) that are damaged or defective; or
(c) to refund to you the amount paid by you for the Product(s) in question in whatever way we choose.
10.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Product(s) in question under clause 9 of these terms and conditions.
10.5 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
(a) loss or damage was not foreseeable to both parties when the contract was formed;
(b) loss or damage was not caused by any breach on the part of the supplier;
(c) loss or damage relates to business and/or non-consumers.
10.6 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Product(s) under the Consumer Protection Act 1987.
10.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Product(s) from our site. The importation or exportation of certain of our Product(s) to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Product(s) you purchase.
10.8 We only supply the Product(s) for domestic and private use. You agree not to use the Product(s) for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.9 Customers should also be aware of the following inherent risks and warnings relating to the Product(s):
(a) Alcohol should be consumed in moderation.
(b) The Product(s) supplied can be heavy so extra care should be taken when lifting them.
10.10 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a 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 Product(s) to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel a 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 Product(s) you have already received and we will refund the price you have paid, including any delivery charges.
12. DATA PROTECTION AND PRIVACY
12.1 By providing your details to us on our web site, you consent to us maintaining, recording, holding and using the information you give us at the time of ordering to process your orders, to improve our service to you and inform you of any promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
12.2 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your Product(s) to you, e.g. our delivery company.
12.3 We will use information about you to make marketing offers via email, telephone and mail based on your Product(s) preferences from time to time.
12.4 If you opt-out from hearing from us or approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
12.5 Phone calls to and from us may be monitored or recorded for training and quality purposes. If you have any questions regarding our privacy policy, please email us at FLOW@HEAVENSAKE.COM.
12.6 You acknowledge and agree to be bound by the terms of our privacy policy as set out in this clause 17.
13. COMMUNICATIONS BETWEEN US
13.1 When we refer, in these Terms, to "in writing", this will include e-mail, social media messages and chating.
13.2 If you are a consumer you may contact us as described in clause 1.2
13.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered by post or by e-mail. If you are a business, you shall use TRADE@HEAVENSAKE.COM.
(b) 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
14.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.5 If you are a consumer, please note that these Terms are governed by Swiss law. This means a Contract for the purchase of Product(s) through our site and any dispute or claim arising out of or in connection with it will be governed by Swiss law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
14.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Switzerland and Zug.
14.7 If you are a business, we both irrevocably agree that the courts of Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).