TERMS & CONDITIONS OF SALE
Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, “https://www.osttippletop.com (Our Site”).
These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 1st April 2022.
You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
- Our Acceptable Usage Policy, available within Our Terms of This is also referred to below in Part 3.
1. Definitions and Interpretation
- In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Part 10;
“Contact Tools” means any online communications facility that We
make available on Our Site enabling you to contact Us including, but not limited to, contact form, email etc;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your
“Order Number” means the reference number for your Order; and
“We/Us/Our” means D.Ost. Ost Tipple Top Drinks Measure
- Unless the context otherwise requires, each reference in these Terms of Sale to:
- “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- a Part or paragraph is a reference to a section, part, or clause of these Terms of
2. Information About Us
- Our Site is operated by ‘You Webs’. Correspondence or eturns to : DunnC. Box 325. 266 Banbury Rd. Oxford. OX2 7DL.
- Our main trading is via this
3. How to Contact Us
- To contact Us with general questions or for info etc, please email Us at the address shown
- To contact Us about the Goods or your Order by email, please email Us at Osttippletop@aol.com or call 07788246420. Note that calls may be charged by your
4. Access to Our Site and Use of Our Site
- Access to Our Site is free of
- It is your responsibility to make the arrangements necessary in order to access Our
5. Changes to these Terms of Sale
- We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not
- If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state
6. Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the usual course of business. If you are a business customer, please contact us for information.
7. International Customers
Please note that We usually serve within the United Kingdom. However, we can fulfil your order from outside the UK if the appropriate postage/ shipping cost is paid.
8. Goods, Descriptions, and Changes
- We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Please note:
- Images of Goods are for general illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
- Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary from time to time;
- Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part
- Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being
Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.
Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
- We make all reasonable efforts to ensure that prices shown on Our Site are We may change prices from time to time. All pricing information is reviewed and updated regularly. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.
- All prices on Our Site include VAT. 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
- All prices are checked before We accept your If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 7 days, We will treat your Order as cancelled and inform you of the cancellation in writing.
- If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to
- Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to the delivery charges on our website or quoted to you separately if outside the UK. Delivery options and related charges will be presented to you as part of the order
- Please note, we are not liable for any taxes, import or customs duty imposed by your country of domicile. You should check with your own authorities, whether you will be liable to pay any or
- In the evet that an order is refused or rejected due to non-payment of any additional import taxes or duties, the goods remain yours once despatched
from Us. We will not be liable for them or any returns under 9.7.
10. Orders and How Contracts Are Formed
- Our Site 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 check your Order carefully before submitting it.
- If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.
If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
- No part of Our Site constitutes a contractual offer capable of
Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.
- Order Confirmations contain the following information:
- Your Order Number;
- Confirmation of the Goods ordered including full details of their main characteristics;
- Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
- Estimated delivery date(s);
- We may also include a paper copy of your Order Confirmation with your
- Please quote your Order Number if you contact Us about your Order for any You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
- In the unlikely event that We cannot accept your Order, We will inform you in writing and explain No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.
- Payment for Goods and related delivery charges must always be made in You will be prompted to provide payment details during the ordering process.
- We will charge your chosen payment method upon ordering and immediately prior to dispatch of the
- We accept the following methods of payment:
- If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know.
12. When You Own the Goods
Ownership of the Goods passes to you once We have received payment in full of all sums due.
- All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
- We will not be responsible for delays that are outside of our reasonable If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
- If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not
- If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, our appointed Courier or delivery service will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.
- If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further
- In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
- We have refused to deliver the Goods;
- In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
- You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.
- If you do not wish to cancel under Part 13.7, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may treat the Contract as being at an
- You may cancel all or part of your Order under Parts 13.7 or 13.8 provided that separating the Goods would not significantly reduce their value.
Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.
If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
- As explained in Part 10.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
14. Faulty, Damaged, or Incorrect Goods
- This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. Nothing in these Terms of Sale will affect your legal
- The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, which is 12 Your legal rights are as follows:
- Upon receiving your order / Goods (and ownership of them) you have 14 days to return any item that is faulty by returning it/them to Us. You will be responsible for the return postage and packing costs to receive a full refund if they do not conform as stated
- If you believe the products do not conform to 14.2 or are defective, then you should contact us. We reserve the right to offer a replacement in our absolute discretion.
- Please note that you will not be eligible to claim under this Part 14 if:
- We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
- You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
- You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or
- The problem(s) is/are the result of normal wear and tear; or
- You have changed your mind (please refer to Part 16).
- If there is a problem with the Goods, please contact Us using the details provided above in Part
- If you exercise your legal right to reject the Goods, you must return them to Us at your
15. Your Rights to Cancel and End the Contract
- If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial Please refer to Part 14, above, for more information.
- If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any Please refer to Part 16, below, for more information.
- If you wish to end the Contract because of something We have done or are
going to do, please refer to Part 17, below, for more information.
16. Cancelling your Order and Ending the Contract if You Change Your Mind
- If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14-calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order
- If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the
- If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of
- If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part
- Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and
- Please note that this right to cancel may not apply in the following circumstances:
- If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
- If any Goods are customised or made specifically to your order. These are exempt as they are classed as ‘Bespoke Goods’.
17. Cancelling and Ending the Contract Because of Something We Have Done or Will Do
- You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
- We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 1);
- We have informed you about an upcoming change to the Goods that you do not agree to (see Part 4);
- We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
- There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13.3);
- You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 7 or 13.8 apply).
- If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately, and you will receive a full refund for any Goods which have not yet been You may also be entitled to compensation.
- If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
18. Returning Goods After Cancelling and Ending the Contract
- Subject to your right to partially cancel your Order under Part 13.9, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
- If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to
- We will cover the costs of returning the Goods to Us only in the following circumstances:
- The Goods are faulty or misdescribed;
- You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
- You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
- You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 7 or 13.8 apply).
- In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.
- All refunds due to you will be made using the same method used by you when paying for the
- All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
- The day on which We receive the returned Goods;
- The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
- If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the
20. Our Liability to Consumers
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) 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, or which is caused by your negligent or inappropriate
- We currently supply goods for domestic and private use by Consumers. We make no warranty or representation that the Goods 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.
- Nothing in these Terms of Sale 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
- Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a Consumer including, but not limited to, those explained above in Part
21. Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for
- If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3
22. How We Use Your Personal Information
- We will only use your personal information as set out in Our Privacy
23. What Happens if We Transfer this Agreement to Another Party
- We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third-party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing.
- We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third-party who will remain bound by
24. Other Important Terms
- You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written
- The Contract is between you and Us. It is not intended to benefit any other person or third-party in any way and no such person or party will be entitled to enforce any provision of these Terms of
- If any of the provisions of these Terms of Sale are found to be unlawful, invalid
or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
25. Law and Jurisdiction
- These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English
- Nothing in Part 1 takes away from or reduces your legal rights as a Consumer.
- If you are a Consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Courts in England.
- If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Courts in England.
- Do please contact us if you feel we have made an error so we can correct