Terms & Conditions

OUR TERMS AND CONDITIONS

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.

1.    THESE TERMS

1.1 These are the terms and conditions and purchase order, together with any documents referred to herein including our Website terms of use, disclaimer and privacy policy (“Terms”), on which we supply our products to you, and how they govern your use of our website (“Website”).

 

1.2 In these Terms, “we/us/our” shall mean Drunk Desires Ltd and “you/your” shall mean you as the customer wishing to place an order with us.

 

1.3 Our Website can be found at www.drunk-desires.com which is owned or licensed by us, and our details are given below. Our Website operates as a shopping and browser website which our customers can visit and purchase our bespoke card games.

 

1.4 We therefore recommend that you please read these Terms before using our Website as they may affect your legal rights and liabilities, and furthermore, the basis upon which we will supply our products to you (“Product(s)”), whether you continue to use the Website as either a registered user or a guest, or as a purchaser of our Products. By using the Website, you accept these Terms and agree to always adhere to these. We recommend that you print a copy of these Terms or save a version to your computer for future reference.

 

1.5 Please read these terms carefully before you submit your Order to us. These Terms tell you who we are, how we will supply our Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss this. 

 

1.6 These Terms, and any contract formed between you and us, shall be in the English language.

 

1.7 Where you communicate on behalf a company or organisation, you agree that you have authority on its behalf to proceed with us.

 

1.8 We may from time to time make changes to these Terms and any policies and agreements which are incorporated herein, and such changes shall be effective immediately upon posting to this Website. Your use of this Website after such changes or the purchase of our Products, shall constitute your acceptance.

 

1.9 If you do not agree to be bound by these Terms, you should stop using the Website and our Products immediately.

 

1.10 Any reference to a quotation, bid or proposal by us will not be deemed acceptance of any term, condition or instruction contained in that document. These Terms together with any drawing or document referred to in the Order, or any documents incorporated by reference will supersede any prior or contemporaneous communications, representations, promises or negotiations, whether oral or written, with respect to the subject matter of the Order.

 

1.11 These Terms do not constitute a firm offer and make be revoked by us at anytime prior to acceptance by you and your placing of an Order to purchase our Products.

 

1.12 Our Products are discreetly packaged in the delivery process.

 

 

2.    INFORMATION ABOUT US AND HOW TO CONTACT US

 

2.1   We are Drunk Desires Ltd, a company registered in England and Wales. Our company registration number is 13881491 and our registered office is at 14 Lisle Close, Grange Park, Swindon, England, SN5 6BX. We only supply our Products for domestic and private use.

 

2.2   You can contact us by emailing our customer service team at contact@drunk-desires.com. If you wish to exercise your cancellation rights pursuant to this Agreement, you may do so by contacting us at this email address or by completing the cancellation form on our Website.

 

2.3   If we must contact you, we will do so by telephone or by email. 

 

2.4    "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

 

3.    OUR CONTRACT WITH YOU

 

3.1 Our Website will guide you through the ordering process.  Before submitting your Order, you will be given the opportunity to review and amend it.  Please ensure that you have checked your Order carefully before submitting it to us.

 

3.2 Orders shall be accepted at our sole discretion. Our acceptance of your Order will take place when you place an order on our Website and we email you to accept it with an invoice, at which point a contract will come into existence between you and us (“Order”). 

 

3.3   If we are unable to accept your Order, we will inform you of this and will not charge you for the Product. 

 

3.4 If we accept your Order, we shall send you an order acknowledgment email confirming what Product you have agreed to buy, and we will assign a reference number to your Order. It will help us if you can tell us the reference number whenever you contact us about your Order.

 

3.5 By submitting your information to us and paying for the Product, you agree to comply with and be bound by these Terms, as they may change from time to time.

 

3.6 This Agreement constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out herein.

 

3.7 Any illustrations, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our publicity material or on the Website are issued or published for the sole purpose of providing guidance of the Products described in them. They shall not form part of the contract or have any contractual force. Your Products may vary slightly from the images provided by us.

 

3.8 In summary, the process for placing an order with us is as follows:

  • you select the Product(s) for which you wish to purchase from the corresponding descriptive sheet on the Website;
  • you select the Product(s) you wish to purchase, indicating the desired quantity(ies) before adding them to your "Basket" by clicking on the dedicated button;
  • once all the desired Products have been added to the Basket, you can then click to validate it and move on to the next step;
  • you are then directed to a form page intended to provide all the information necessary for your identification;
  • you will then indicate the desired delivery method from the option(s) offered to you;
  • the Order is then the subject of a summary that can be consulted at any time and includes all the following elements:
    • Product(s), quantities, unit price, possible discounts, delivery method, total amount of the Order including delivery costs depending on the delivery method chosen;
  • the Order can be completed, modified or cancelled at any time if it has not been validated and paid for;
  • to finalise and validate the order, you will click on the “Proceed” button;
  • you are then invited to choose your method of payment by validating and confirming your choice;
  • The acceptance of the Order constitutes an irrevocable and unreserved acceptance of the Order by you.

3.9 During the ordering process, you will have the opportunity to check and confirm the details of your Order, its total price and to correct any errors before confirming your acceptance. It is your responsibility to verify the accuracy of the Order and to report or rectify any error, within a maximum of 24 hours, from the validation of your Order. Any request to this effect must be sent by e-mail to contact@drunk-desires.com. The request must include the order references as they appear in the confirmation email sent by us.

3.10 The terms and conditions for exercising the right of withdrawal, as well as a link to the standard withdrawal form, will be indicated in the order confirmation email.

3.11 We reserve the right to cancel or refuse any Order from you if there is a dispute relating to the payment of a previous order.

 

4.    OUR PRODUCTS

 

4.1 We cannot guarantee that our Products will always be available to purchase and if not, we will inform you either during the ordering process, or shortly afterwards.

 

4.2 We offer our Products via our Website, which are subject to stock and availability. We reserve the right to make changes to our Product catalogue at any time. The photos and graphics presented on the Website are as true and accurate as possible. However, we cannot guarantee that they are exactly as shown or illustrated, and we cannot be liable for any differences that occur between the advertisements and the actual end product.

 

4.3 We make all reasonable efforts to ensure that all prices shown on our Website are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.

 

4.5 We are under no obligation to provide any Product that does not form a part of your Order.

 

4.6 In the event that the price of the Products you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on our Website at the time of placing your Order.

 

4.7 All prices on our Website include VAT unless otherwise stated. If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

 

4.8 You are required to refer to and understand the description of the Product prior to placing your Order, to ensure you are familiar with the properties, the essential particularities and the waiting / delivery times.

 

4.9 These Terms relate to Products sold by us in the United Kingdom. For any orders that fall outside of this territory, we may engage our group companies to provide assistance with any deliveries. If this happens, customs duties or local taxes may also be payable, and you will agree that you will pay any further charges that may apply.

 

 

5.     YOUR RESPONSIBILITIES

 

5.1 You shall ensure that all information provided to the Website does not contain any material which could be regarded as offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory or discriminatory.

 

5.2 You agree to provide us with such information and materials as we may reasonably require in order to supply the Products and ensure that such information is accurate in all material respects.

 

5.3 You acknowledge and agree that by placing an Order with us via the Website, you are the appropriate legal age to purchase our Products. If you are purchasing from the United Kingdom, you agree that you are over the legal age of 18 years old. If we discover that you are not legally authorised to buy our Products, we reserve the right to refuse a sale to you.

 

 

6. DELIVERY INFORMATION

 

6.1 Our delivery fees and delivery options are indicated to you at the point of Order and shall also be shown on our invoice to you.

 

6.2 All Orders are shipped either via Royal Mail or by an alternative method as elected by you (such as DPD) and are usually dispatched the same day where any such Order is placed by 1pm GMT. Orders made after this deadline are usually dispatched the following day and any Orders made at the weekends, will be dispatched the following Monday unless it is a public holiday. During busier periods, we may not be able to dispatch our Orders in accordance with this clause and we will endeavour to send these out as soon as possible.

 

6.3 Some delivery methods and costs may vary according to your delivery location and our Website will guide you through the options and which countries we deliver to.

 

6.4 Free delivery is available for all orders exceeding £40.00 unless your Order falls outside of the United Kingdom, in which case, this will be at our discretion.

 

6.5 We shall aim to deliver your Order on the agreed delivery date to the address nominated by you in your Order, and certainly no later than 30 days, but please note that we can only provide estimated delivery times from the point of Order as stated in clause 6.2, and we cannot be held responsible for delays or unforeseen events as we use third parties in the delivery process.

 

6.6 We are not responsible for delays outside our control. If our provision of the Products is delayed by an Event Outside Our Control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received. 

 

6.7 If we miss the 30-day delivery deadline for any Products, we may cancel your Order straight away and refund to you any sums paid by you.

 

6.8 We shall not be liable for any customs or import duties that may arise if you are placing an Order outside of the United Kingdom. It is your responsibility to pay such charges and to research these costs prior to placing an Order with us.

 

6.9 If your Order is returned to us due to an incorrect address or being intercepted by customs and not subsequently collected, we will ask you to reimburse us for any fees payable in connection with this.

 

6.10 If you refuse to pay the fees payable by customs on arrival, and we receive the parcel back incurring any fees, we reserve the right to deduct these from any refund that may be due to you.

 

 

7.    PRICE AND PAYMENT

 

7.1 The prices shown on our Website at the point of submitting your Order, will apply. 

 

7.2 The prices consider any reductions offered by us on the Website and the prices are not negotiable.

 

7.3  The prices do not include our delivery charges which are also added at the time your Order is placed.

 

7.4 You can pay for the Products using our payment methods offered via our Website.

 

7.5 Payment is irrecoverable. All prices payable by you to us must be paid in full, without set off or deduction.  We reserve the right to suspend the supply of any Products to you, or to terminate this Agreement if you fail to pay for your Order, on or before the due date.

 

 

9. GOODS DAMAGED IN TRANSIT / ITEMS RECEIVED IN ERROR

 

9.1 We want you to be satisfied with our Products. We ensure that our Products are dispatched in discreet packaging, and we only work with professional delivery partners. However, we recognise from time to time that issues occur. We therefore ask you to inspect your Order at the point of delivery before you acknowledge receipt of the same. In the unlikely event the Product is damaged, you should then request the Product is returned to us and we will arrange a replacement.

 

9.2 If you receive something in error, it is your responsibility to notify us by either email or telephone.

 

 

10. OUR LIABILITY TO YOU

 

    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
      1. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
      2. Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or any breach of the terms implied by Section 12 of the Sale of Goods Act 1979, or any breach of the terms implied by Section 13 of the Sale of Goods Act 1979 and defective products under the Consumer Protection Act 1987.
      3. Subject to clauses 10.2 and 10.3, our maximum aggregate liability for breach of these Terms (including any liability for the acts or omissions of its employees, agents or subcontractors) whether arising in contract, tort (including negligence), misrepresentation or otherwise shall in no circumstances exceed the price that you have paid for your Order via our Website, unless there is malice aforethought or gross negligence on our part. In any case, we shall only be obliged to compensate for personal and direct damage to you for which we are liable.

     

      1. Nothing in these Terms seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

     

      1. Our Website, its content and social media accounts are intended solely for audiences of the applicable legal age. Whilst alcohol is not a requirement to use our Products, our Products are sold as drinking games and contain explicit content. Our Products are designed to entertain and inspire responsible adults of a legal drinking age. Please see our disclaimer on our Website https://drunk-desires.com/pages/legal-disclaimer
      2. , the contents of which are incorporated herein.

     

    11.  CANCELLATION AND TERMINATION RIGHTS

     

    This Agreement shall commence on the acceptance of these Terms and will remain in force until it is terminated by either you or us in accordance with this clause 11.

     

    11.1 If you change your mind and no longer wish to proceed with the purchase of the Product, you may cancel your Order, subject to these Terms:

     

    (a) you can notify us by email to contact@drunk-desires.com or by way of a cancellation form through our Website, before we have dispatched your Order to you and unless your Order was bespoke, we can organise a refund or exchange; or

     

    (b) where your Order has already been delivered, by returning the Products to us in accordance with clause 11.2 below.

     

    11.2 You can return your Order to us for any reason provided that you notify us in writing within 14 days of the delivery date (beginning with the day following delivery of your Order) for a full refund or exchange. The cost of returning the Order to us shall be borne by you.

     

    11.3 On safe receipt of the Product(s) we shall refund you in full the amount paid, or an exchange where requested.

     

    11.4 Your rights referred to in clause 11.3 are not applicable in the following circumstances:

     

    1. in the event the Product has been used or damaged in any way; or
    2. for any Product(s) we have made bespoke for you or are custom made.

     

    11.5 The provisions of this clause 11 does not exclude your statutory rights.

     

    11.6 In the event that your Product is faulty, you must contact us with photographic evidence to support and we will then advise you on the next steps, such as whether we need to organise a collection and refund / exchange. We will cover the costs of any delivery fees in connection with this.

     

    11.7 We reserve the right to withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our ceasing the provision of the Product and will refund any sums you have paid in advance for Products which will not be provided.

     

    11.8 For any returns for Orders made outside of the UK, the above clauses will apply and you can return your Order to us within 30 days of receiving your Products. You will be notified of how to return your Order to us but depending on where you are returning your Order from, you may be responsible for the carrier costs as well as completing a customs declaration form and paying any fees applicable. The items must be return to us in perfect condition, unused and in the original packaging. We ask you to retain proof of postage as we will not be responsible for any Products that fail to reach us.

     

    11.9 Without limiting any other rights or remedies, either party may terminate this Agreement with immediate effect by giving written notice to the other if:

     

        1. That party commits a material breach of any term of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so;
        2. That party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its 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 its assets or ceasing to carry on business; or
        3. That party suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business;

     

    11.10Termination of this Agreement for any reason will not affect any rights, duties or liabilities of either party accrued prior to the termination.

     

    11.11On termination of the Agreement for any reason you agree that you shall immediately pay us all outstanding unpaid invoices together with interest (if any).

     

     

    12. WEBSITE USE

     

    12.1 We refer you to our Website Terms of Use on our Website which set out our terms of use for our Website and what you may and may not do. These Website Terms of Use are incorporated herein by reference and will be binding upon you.

     

    13. INTELLECTUAL PROPERTY RIGHTS

     

    13.1 We will at all times retain the ownership or be the licensee of any and all Intellectual Property Rights existing in our Website and in our Products sold by us through our Website, and in the material published on these. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

     

    13.2You shall not acquire any rights in or over any Intellectual Property Rights subsisting in any materials and/or property owned by us or by any third parties (where, for example, we are using materials under licence). 

    .

    13.3 You must not use any part of the content on our Website for commercial purposes.

     

    13.4 You agree that you shall do nothing to infringe our Intellectual Property Rights and will not copy or misuse our Products in any way.

     

     

    14. YOUR INDEMNITY

     

    14.1 You shall fully indemnify us against all costs, expenses, liabilities, losses, damages and judgments that we may incur or be subject to as a result of any of the following:

    (a) Your misuse of the Product;

    1. Your breach of these Terms; and
    2. Your negligence or other act of default.

    14.2 You agree that you shall indemnify us and any successor to us, and to the extent required from time to time by us (or any such successor), our officers, agents and employees, against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us or any successor to us arising out of or in connection with your negligence, misrepresentation or the breach of any obligation to be performed by you under this agreement.

     

    15. DATA PROTECTION

     

    15.1 To enable us to fulfil our obligations and provide the Products under this Agreement, it is necessary for us to collect personal data from you to enable us to provide our Products to you. Further details of our policies and procedures on data protection and the use of our Website generally are set out in our Privacy Policy which is made available on our Website. Your acceptance of this Agreement includes your acceptance of our Privacy Policy and Website Terms of Use which are incorporated in, and details of how we shall use any personal data.

     

    15.2 Any personal data received by us includes information provided to us through your use of our Website, through our Products, a record of any correspondence between us, and details of transactions you carry out with us. Such information will enable us to provide you with access to all parts of our Website and to enable us to supply you with the Product(s) ordered by you. We will also use and analyse that information to administer, support, improve and help us to develop our business.

     

    16. CONFIDENTIALITY

     

    16.1 All information, including without limitation, specifications, samples, drawings, materials, know-how, designs, processes and other technical business information that has been supplied to you or is accessed via our Website is deemed to be confidential information. This belongs to us and may not be used for any other purpose other than to receive your Product for its use and enjoyment.

     

    17. WHOLE AGREEMENT

     

    17.1 These Terms constitute the entire agreement between you and us regarding your use of our Website and the available Products and our provision of these to you upon your purchase. 

     

    17.2 The following documents outlining further terms relating to the provision of Products and the use of our Website all are incorporated herein and include but are not limited to the following:

    • These Terms
    • Privacy Policy
    • Cookies Policy
    • Our Website Terms of Use

     

    17.3 In case of any conflict, then these Terms shall prevail over the other terms and agreements referred to above, unless expressly stated otherwise.

     

    18     MISCELLANEOUS

     

    18.1 You may not transfer your rights or obligations under this Agreement but we may transfer our rights under this Agreement to someone else. We will always notify you in writing or by posting on our Website, if this happens.

     

    18.2 Nobody else has any rights under this Agreement. This Agreement is between you

    and us. No other person shall have any rights to enforce whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

     

    18.3 The invalidity of one or more of the provisions of the Agreement between the parties does not affect the validity of the remaining provisions. In the event that a provision should be invalid, the parties shall replace it by a new provision that adheres as closely as possible to the objectives of the original provision.

     

    18.4 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

     

    18.5 The abstinence from, or failure to, exercise or enforce its rights by one party with respect to the other party will under no circumstances constitute a waiver thereof, unless such a waiver is in writing and signed by the waiving party. No waiver shall be deemed to be a waiver of any subsequent breach nor any breach of any other provision.

     

    18.6 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties hereto agree to submit to the exclusive jurisdiction of the English courts. If you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

     

    18.7 If you have a complaint, please contact contact@drunk-desires.com and this will be picked up by our customer services and investigated. We offer no guarantees whatsoever in relation to how long it will take to resolve a complaint.

     

    19. EVENTS OUTSIDE OF OUR CONTROL

     

    19.1 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 of our control (“Event Outside of Our Control”). This is defined in clause 19.2

     

    19.2 An Event Outside of Our Control is 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, extreme weather conditions, subsidence, epidemic or other natural disaster, or failure of public or private communications networks or impossibility of use of the railways, shipping, aircraft, motor transport or other means by public  or private transport.

     

    19.3 If an Event Outside of Our Control takes place that may affect our performance of this Contract with you, we will contact you as soon possible to notify you and our obligations shall be suspended and the time for the performance of our obligations shall be extended for the duration of the Event Outside of Our Control. Where it shall affect our delivery times, we shall organise a new delivery date.

     

    19.4 You may cancel your contract with us, if an Event Outside of Our Control continues for more than 30 days. You can do this by contacting us in writing and we will refund the price paid by you.

     

    Model Cancellation Form

    To: Drunk Desires Ltd at 14 Lisle Close, Grange Park, Swindon, England, SN5 6BX

    Email address:   contact@drunk-desires.com

    I/We [*] hereby give notice that I/We [*] cancel my/our [*] order under invoice reference:

    Ordered on [*}/ received on [*},

    Name of Consumer(s),

    Address of consumer(s),

    Signature of consumer(s) (only if this form is notified on paper),

    Date

    {*} Delete as appropriate