What these terms cover. These are the terms and conditions on which we supply goods services to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods 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.
Information about us and how to contact us
Who we are. We are AOSARCS Limited trading as Clinks a company registered in Ireland (“we”, “us”, “our”). Our company registration number is 684952 and our registered office is at Ballymaw, Waterfall, Co. Cork. Our registered VAT number is IE3846229HH. Clinks is a registered business name (business name no. 686653).
How to contact us. You can contact us by writing to us at customerservice@clinks.ie.
How we may contact you. If we have to contact you, we will do so by writing to you at the email address you provided to us when you registered to use our services or by way of a notification to you via our online platform Clinks (our “Platform”).
“Writing” includes electronic communications. When we use the words “writing” or “written” in these terms, this includes emails and other electronic communications.
The contract
We are an agent for off-licences. We act as an agent for off-licences (“Partner Off-Licences”) who list their goods including, but not limited to, beer, wine and spirits (“Goods”) for sale on our Platform. We provide a service to you allowing you to purchase Goods from Partner Off-Licences via our Platform (“Sales Service”).
We provide a delivery service in our own name. If your order to buy a Partner Off-licence’s Goods is accepted, you may either collect the Goods from the Partner Off-licence yourself or you may engage us to collect the goods from the Partner Off-licence and deliver the goods to you (“Delivery Service”).
Orders are submitted via our Platform To avail of the Sales Service and the Delivery Service, you must create an account. Please see our Terms and Conditions of Use for our Platform available here.
Acceptance of orders. When you place an order for the purchase of Goods (“Order”), the Order is communicated to the relevant Partner Off-licence who will accept or reject the Order. Orders must be for Goods costing at least €20. If your Order is accepted then a contract for the sale of the relevant Goods is concluded between you and the Partner Off-licence. You will receive a notice via our Platform confirming the sale of the Goods to you (“Sale Notice”). If you require us to provide the Delivery Service in respect of the Goods in the Order you may indicate in the Order, and we agree to provide the Delivery Service, the Sale Notice will confirm that a contract for the Delivery Service has been concluded between you and us.
Availability of Sales Service. Partner Off-licences each decide their own hours in which they will sell Goods (“Operating Hours”). That means that the availability of the Sales Service, and the range of Partner Off-Licences from which you can order, depends on the Partner Off-Licences in your area. If you try to order Goods outside the Operating Hours of a Partner Off-Licence, or the Sales Service unavailable for any reason, we will notify you that ordering will not be possible.
Availability of Delivery Service. Each Partner Off-licence has a prescribed delivery area in which we will operate the Delivery Service. This delivery area may change at any time due to factors such as weather, or demand on our service. This is to ensure that goods purchased by you reach you in good condition and in a timely fashion. you try to order a delivery to a location outside the delivery area of a Partner Restaurant, or the Delivery Service is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
The Goods
Goods may vary slightly from their pictures. The images of the Goods on our Platform are for illustrative purposes only. Goods you purchase may vary slightly from those images.
Packaging may vary. The packaging of the Goods may vary from that shown in images on our website.
Providing the Goods and Delivery Service
Prices. The price of the Goods and of the Delivery Service will be as displayed to you on our website. The price of the Goods is determined by our Partner Off-licences and may change from time to time. The price of the Delivery Service is determined by us taking into account factors such as demand on the service and distance to be travelled and may change from time to time. Changes to pricing will not affect Goods or services already placed in your online basket on the Platform but if you do not place an order for items in your online basket within 1 hour the basket will automatically empty and you will need to start the process again, possibly with different pricing applying. If we have made a mistake in relation to the prices displayed on our Platform we will notify you as soon as possible and you will have the option to confirm your Order at the correct price or cancel the Order (see further clause 9.4). All prices are inclusive of Value Added Tax at the applicable rate.
Payment. You will pay for Goods purchased and, if applicable, the Delivery Service at the time that your Order is accepted. Payment for Goods will be made to us as agent for the relevant Partner Off-Licence. You may if you wish pay a tip to the delivery person via our Platform.
When the Goods will be available. The Partner Off-licence will use reasonable endeavours to ensure the Goods you have purchased are available for collection at the time specified on our platform.
When will Goods be delivered. If we are providing the Delivery Services, we will begin the service as soon as practicable. The estimated delivery time for the Goods is as told to you during the order process.
Delays outside our control. If the supply of the Goods or the Delivery Service is delayed by an event outside our control or the control of the Partner Off-licence (as applicable) 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 (in excess of 30 minutes) we will notify you of this and you may contact us to end the contract and receive a refund for any Goods and services you have paid for but not received (see further clause 9.4).
Collection by you. If you have asked to collect the products from the Partner Off-licence’s premises, you can collect them at any time during the Partner Off-Licence’s Operating Hours as stated on the Sales Notice.
Ownership and Risk
When you own goods. You will own the Goods from the time that we have received payment in full for the Goods as agent for the Partner Off-licence.
When you become responsible for the Goods. Risk in the Goods will pass to you:
from the time that the contract for the sale of the Goods by the Partner Off-Licence to you is concluded in accordance with clause 3.3, if you are collecting the Goods yourself;
on completion of the delivery of the Goods by us to you, if we are delivering the Goods to you.
Proof of Age
Goods may only be sold to adults. It is against the law to sell beer, wine, spirits and other intoxicating liquor to persons under the age of 18 years. Accordingly, when you place an order for Goods using the Sales Service you warrant and represent that:
You are over the age of 18 years;
You are in possession of valid photo identification (passport, drivers licence or Garda Age Card) that confirms your date of birth;
You are not intoxicated and will not be intoxicated at the time that you collect the Goods or we deliver them to you;
You are will not consume the Goods (or provide the Goods to others) at a location where any illegal act or anti-social behaviour is being conducted; and
You are purchasing the Goods for your own consumption or, if you are purchasing Goods for other persons, each of those persons is over the age of 18 years.
You must prove your age. Both the contract for the sale of the Goods by the Partner Off-Licence to you and, if applicable, the supply of the Delivery Service by us to you are conditional on you proving your age to the Partner Off-Licence (if you are collecting the Goods) or to our delivery person (if we are delivering the Goods to you). Where you collect the Goods, the Partner Off-Licence will perform their own checks to verify your age. If we are delivering the Goods to you:
you must produce your valid photo identification (passport, drivers licence or Garda Age Card) to our delivery person when requested to do so and allow the delivery person to take a copy of it; and
you must answer any reasonable questions asked by our deliver person with a view to verifying your age or the age of any other persons at your address.
You expressly consent to our use of your identity documents for age verification purposes. By providing our delivery person with a copy of your identify document you expressly consent to our use of such document (and any specifical categories of personal data set out there, including but not limited to your ethnicity) for the purposes of verifying your age and to our taking and retaining a copy of the document in accordance with our privacy policy (see further clause 11).
We will not complete a sale or delivery in certain circumstances. If the Partner Off-Licence or, if we are providing the Delivery Service, our delivery person forms a view that any of the warranties and representations in clause 6.1 is not true or if you do not perform your obligations under clause 6.2 in full then we reserve the right to cancel the contract for the sale of the Goods to you and, if applicable, the contract to provide the Delivery Services. In these circumstances, you will still be charged for the Goods and, if applicable, the Delivery Service.
Specific Terms Regarding Delivery
- The following terms apply where we are providing the Delivery Service
Goods will be delivered to the address stated on the Order. We will deliver Goods to your address as stated on the Order.
We are responsible for the Goods until they delivered. We will be responsible for any damage to Goods in the course of delivery. See further clause 9.1 in respect of your inspection of Goods when delivered.
We will cancel delivery if it is not possible due to your default. We will cancel the contract for sale of Goods and the Delivery Service in the event delivery is not possible due to your actions or in-actions. In these circumstances, you will still be charged for the Goods and the Delivery Service. Reasons you might cause a delivery to fail include (but are not limited to):
You do not answer the phone nominated for the purposes of contacting you when the Order was placed; or
You do not come to the door or provide access to your property within a reasonable period of time after the delivery person rings the bell or rings your phone.
You may cancel the Delivery Service if delivery has not commenced. You may cancel the Delivery Service we have not already dispatch a delivery person to collect the Goods. If you exercise your right of cancellation, you will receive a refund of the price of the Delivery Service within 14 days. If we have commenced performing the Delivery Service, your right of cancellation will cease to apply.
Your rights
You must check Goods when you take possession of them. When you collect Goods or we deliver them to you, you should check them carefully to ensure that they match your Order and are not damaged. If there are any issues with the Goods you should notify the Partner Off-Licence (if you are collecting) or our delivery person (if we are delivering) immediately. We will seek to rectify any issues either by supplying replacement Goods (if this is possible) or issuing you with a refund. If you do not report any issues relating to the Goods provided not matching your Order or being damaged at the time you take possession it will be presumed that the correct Goods were delivered to you in an undamaged condition.
You have rights in respect of Goods that are not of satisfactory quality. If Goods purchased by you turn out not to be of satisfactory quality, you may return them to the Partner Off Licence who will inspect them. If the Partner Off-Licence agrees that the Goods are not of satisfactory quality, they will provide you with replacement Goods (if this is possible) or direct us to issue you with a refund.
You may change your mind about the Goods. If you change your mind about the Goods you have ordered you may cancel your contract for the purchase of the Goods by sending an unequivocal statement by email or by post to our address set out in clause 2.2. You may use the cancellation form set out in the Schedule to these terms but it is not obligatory. You must then return the Goods to the Partner Off-Licence in person or by post without undue delay and in any event within 14 days of exercising your right to cancel. Your right to cancel will not apply if:
the Goods have been sealed for purposes of hygiene and you have opened them; or
the Goods are of a type that will deteriorate or expire rapidly.
- If you exercise your right of cancellation, you will receive a refund of the price paid for the Goods (i) within 14 days of the date of exercise or (ii) on the receipt by the Partner Off-Licence of the returned Goods (whichever is the later to occur).
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) and (b) below the contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed; or
there is a risk that supply of the Goods may be significantly delayed because of events outside our control.
When we will pay the costs of return. We will pay the costs of return if the Goods are substandard or do not match your Order. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods.
We are not liable for business losses. We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy available here.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, 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 contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the courts of Ireland.
