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Terms And Conditions of Sale - Effective 29 May 2019

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SCROLL DOWN TO THE CLUB64 TERMS AND CONDITIONS

1. ABOUT US AND OUR WEBSITE

1.1 Who we are. This website (and any associated microsites) is owned and operated by Gallaher Limited ("JTI UK") whose registered office address is Members Hill, Brooklands Road, Weybridge, Surrey KT13 0QU with company number 01501573 and UK VAT registration number GB689398450.

1.2 How to contact us. Making contact with us is easy. If you wish to make an enquiry, we recommend contacting our customer services team who are available 5 days a week. They can be contacted by email and phone as follows:

Email: consumer@nordicspirit.co.uk

Phone: 0800 169 2891

Opening hours:

Monday – Friday 8.00am – 5.00pm

1.3 Alternatively, if you would like to write to us or intend to cancel or return a product in accordance with these terms and conditions (“Terms and Conditions”), you can do so using our operating address: Freepost CUSTOMER CONTACT CENTRE, PO Box 8, Crewe, CW1 6GF.

1.4 Why you should read these Terms and Conditions. Your use of our website is governed by our Terms of Website Use and how we use your data is governed by our Privacy Policy. Please read these documents carefully, as they include important terms which apply to you.

2. 18+ AGE REQUIREMENT

2.1 Nordic Spirit contains nicotine and is aimed at existing adult smokers and nicotine consumers. You may only purchase products from our website if you are at least 18 years old. If you are underage, you must not attempt to order any products from our website.

2.2 You will be required to complete an age verification process conducted on our behalf by a third party, GB Group plc, to prove to our satisfaction that you are at least 18 years old before you can order any of our products. For more details on the age verification process please visit Age Confirmation

3. HOW TO PLACE AN ORDER WITH US

Once your age has been verified, placing an order with us is a simple process and you can do so by ordering online ̶ simply select the products you wish to purchase on our website, click ‘Buy now', ‘Add to cart’ and ‘checkout’ and input your debit or credit card details by following the simple steps on screen. Clicking ‘continue’ on the ‘payment method’ page will complete your order. If you wish to order more than one product then simply click 'Continue Shopping' and add any more products you want to your basket.

4.OUR CONTRACT WITH YOU

4.1 All orders are subject to these Terms and Conditions and our Privacy Policy.

4.2 How we will accept your order. Completion of your order is subject to availability of products and our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

4.3 Order Confirmation. When we have accepted your order, we will provide your order confirmation by email. In all cases, we will enclose a copy of you order confirmation with your product on delivery. We recommend keeping your order confirmation in a safe place in case you have any queries. We strongly recommend that you ensure you have entered a valid email address so we can promptly provide you with your order confirmation.

4.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because you failed the age verification process, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We may contact you and propose that we supply you with substitute products of similar quality and function. If we supply you with substitute products, you do not have to keep them and can return them in accordance with these Terms and Conditions.

4.6 We only sell to the UK. Our website is solely for the sale of our products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.

4.7 “In writing” includes emails.

5. OUR PRODUCTS

5.1 Products may vary slightly from their pictures. The images of the products on our website are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products.

5.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5.3 Minor changes to the products. We may change the product:

  • (i) to reflect changes in relevant laws and regulatory requirements to, for instance, the way nicotine pouches are sold; and
  • (ii) to implement minor technical adjustments and improvements to enhance your experience of our product.

6. PRICING

6.1 Prices of the products will be as shown on our website. All our prices are shown in British Pounds Sterling (GBP) and are inclusive of VAT. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

6.2 Changes to our prices. From time to time we change the prices of our products and any offers or discounts may be withdrawn. This will not affect the status of confirmed orders and in this case you will only pay the price contained in your order confirmation. If the price of an unconfirmed order changes, we will let you know and give you the option of cancelling the order.

6.3 Delivery charges. Unless otherwise stated in your order confirmation, the price of a product does not include delivery charges. Our delivery charges are as quoted on our website from time to time.

6.4 When we incorrectly price your product. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(i) Where the product's correct price is less than the price stated on our website, we will charge the lower amount when dispatching the products to you or apply a credit to your online account; and

(ii) If the product's correct price is higher than the price stated on website, we do not have to provide the products to you at the incorrect (lower) price. In this instance we will contact you as soon as possible to inform you of this error. You will then have the option to cancel the order and receive a full refund if you have already paid the price to us or to continue to purchase the product at the correct (higher) price. We will not process your order until we have your instructions. If we are unable to contact you within a reasonable time using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

7. DELIVERY

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will deliver the products. We will deliver them to you as soon as reasonably possible and in any event within 48 hours after the day on which we accept your order. In exceptional circumstances delivery may take longer.

7.3 How we will deliver your products. We dispatch all orders via Royal Mail's Track and Trace delivery service, or equivalent (none of which are guaranteed next day delivery).

7.4 We are not responsible for delays outside our control. If our supply of your 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.

7.5 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us. Please inspect your products on delivery and promptly report any problems with your products to our Customer Contact Centre.

7.6 When you own the products. You own a product once we have received payment in full.

7.7 Undelivered products. Please allow 14 days for delivery (from the date of placing your order) before reporting your order as undelivered. Most products are available for delivery within 14 days of your order. If we are unable to supply you with your products within this time, we will contact you to let you know and give you a revised delivery date. You may cancel your order and request a refund if this is the case.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can end your contract with us. Your rights when you want to end the contract will depend on the reasons why you want to end the contract, whether there is anything wrong with it and when you decide to end the contract:

(i) If what you have bought is faulty or misdescribed you may have a legal right to end the contract, get the product replaced or to get some or all of your money back, see Clause 11; and

(ii) If you have just changed your mind about the product, see Clause 9. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the cost of return of any products.

8.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms and Conditions.

8.3 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 (I) to (IV) below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(i) we have told you about an upcoming change to the product or these Terms and Conditions which you do not agree to (follow the process in Clause 9);

(ii) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(iii) there is a risk that supply of the products may be significantly delayed because of events outside our control; or

(iv) you have a legal right to end the contract because of something we have done wrong including because we have delivered late see Clause 9).

9. YOUR RIGHTS UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013 (CCR)

9.1 Returning non-faulty/undamaged products.

  • You have an unconditional right to cancel your order within fourteen (14) days from the date of delivery. PLEASE NOTE: You must take reasonable care of the products during the cancellation period. This cancellation right does not apply and we do not offer any refunds in respect of any sealed products which cannot be returned due to health protection or hygiene reasons if they have been opened or unsealed by you, or any products which have been mixed inseparably with other products by you after delivery. Returned products must include all parts, accessories, instructions and packaging.

9.2 To cancel your order under the CCR:

  • (i) Send an email or write to us (at consumer@nordicspirit.co.uk or Customer Contact Centre, JTI, Members Hill, Brooklands Road, Weybridge, Surrey KT13 0QU) telling us you wish to cancel the order. Include enough information for us to identify you and your order including, as a minimum, your order number, your name and full address.
  • (ii) Parcel up the products you are returning securely to minimise any damage that may be caused during delivery. Please include a copy of your written notification or cancellation form so we can trace your order quickly.
  • (iii) Return the products to us using a reputable carrier. The products will remain your responsibility until they have been signed for at our returns address. We do not accept responsibility for products lost or damaged in the post. If on inspection of the returned products we believe that they have been damaged or their value has been diminished, then we may deduct an amount equal to the damage or diminishment in value from the refund owed to you. PLEASE NOTE that returning products under the 14 day period allowed by the CCR is at your cost unless we have supplied substitute products that you have not found acceptable.
  • (iv) Once you have notified us of your intention to cancel the order we will normally refund you the cost of your order within 14 days of us receiving the products back.

9.3 This section does not affect your statutory rights.

10. YOUR RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015 WHERE PRODUCTS ARE NOT OF SATISFACTORY QUALITY OR FIT FOR PURPOSE

10.1 We will refund or replace products that are of unsatisfactory quality or unfit for purpose, as follows:

  • (i) Within 30 days of delivery. If you believe that your product is faulty, damaged or misdescribed and this is subsequently confirmed by us after a reasonable examination, then you will be eligible to request a refund. If you do not request a refund, we will offer a like-for-like replacement free of charge.
  • (ii) 30 days to 6 months after delivery. If you believe that your product is faulty, and this is subsequently confirmed by us after a reasonable examination, then you will be eligible to request a replacement. You will not be eligible to request a refund unless the replacement product is also faulty. We may offer you a refund at our discretion in circumstances where we determine that your product cannot be replaced, or a like-for-like replacement is not available within a reasonable period of time.
  • (iii) More than 6 months after delivery. If you believe that your product is faulty, you must prove to our reasonable satisfaction that the product was faulty when we supplied it to you. If we are satisfied with the information that you provide and we subsequently confirm that the product is faulty after our own reasonable examination, then you will be eligible to request a replacement. You will not be eligible to request a refund. We may, however, offer you a partial refund at our discretion in circumstances where we determine that your product cannot be replaced or a like-for-like replacement is not available within a reasonable period of time. The amount of any refund will be determined by us taking into consideration the age of your product and the use that you had of it.

10.2 Please follow the process set out in Clause 11 if you wish to make a complaint about your product because there is a problem with it.

11. IF THERE IS A PROBLEM WITH THE PRODUCT OR DELIVERY

11.1 How to tell us about problems. If you have any questions or complaints about the product or delivery, please contact us. You can telephone our Customer Contact Centre on 0800 169 2891 or write to us by email at consumer@nordicspirit.co.uk. You will be issued with a Returns Authorisation Code. Failure to do this may delay your return being processed. You may also be required to complete a Returns Form and return this with your product.

11.2 How to return a product we delivered late. When returning a product we delivered late we will provide you with a pre-paid envelope to return the product to us.

11.3 How to return a faulty product. When returning a faulty product we may ask that you return the physical product to us and that you do this by First Class Royal Mail (Recorded Delivery).

11.4 Costs of replacement of faulty products. Any costs associated with replacement of faulty products will be borne by us. This will include the cost of return delivery of the product to us.

11.5 Fault examination. We may ask for independent third party confirmation of any faults. If this is necessary, we will initially bear the costs but may ask you to reimburse us if the products are found to be of satisfactory quality. We shall inform you that we intend to seek confirmation of the claimed faults before we do so and who we will be approaching to do this.

11.6 Normal wear and tear or damage caused by misuse. Products with faults due to normal wear and tear or damage caused by misuse will not be replaced free of charge and no refunds will be given.

11.7 Refunds. Refunds and partial refunds will normally be refunded to the same account debited during purchase. Refunds (and partial refunds) will ordinarily be processed within 14 days of the date that we agree a refund will be given. PLEASE NOTE: refunds generally take around 5 working days to clear from the point of processing, although timings may vary depending on your banking provider.

12. OUR LIABILITY

12.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your order.

12.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by UK law.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by an event outside our control for example strikes, 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.

13.2 If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and our obligations to you shall be suspended for the duration of the event outside our control. If this affects our delivery of products to you, we will arrange a new delivery date with you as soon as we are able to confirm this.

14. HOW WE USE YOUR PERSONAL INFORMATION

We will only use your personal information in accordance our Privacy Policy. Please take the time to read this.

15. ABOUT THESE TERMS AND CONDITIONS

15.1 When these Terms and Conditions start to apply. These Terms and Conditions came into force on 29 May 2019 and apply to all orders made on or after midnight on that date.

15.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.

15.3 Nobody else has any rights under these Terms and Conditions. This contract is between you and us. Subject to Clause 15.2, no other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

15.5 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 and Conditions, 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.

15.6 Amendments to these Terms and Conditions. As we may occasionally amend these Terms and Conditions you should check them each time you wish to place an order to ensure you understand the Terms and Conditions that will apply to that order.

15.7 These Terms and Conditions do not affect your statutory rights. If you want more information on these rights, they are available from your local Trading Standards Department or Citizens Advice Bureau.

15.8 Which laws apply to this contract and where you may bring legal proceedings. These Terms and Conditions are governed by English law and the English courts shall have exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms and Conditions.

CLUB64 Loyalty Programme Terms and Conditions

1. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

1.1 These terms (together with the documents referred to in them) tell you the terms on which you may make use of our website www.club64.uk and any related micro-sites ("our site"), as a registered user. Use of our site includes accessing, browsing, or registering to use our site and once registered, access to the loyalty programme as an eligible consumer of our "Nordic Spirit" branded products (referred to as the "CLUB64 Loyalty Programme" in these terms).

1.2 The CLUB64 Loyalty Programme is open to new and existing customers of our Nordic Spirit products. For details of the CLUB64 Loyalty Programme, what it is and how it works, please click here.

1.3 Please read these terms carefully before you use our site and register for the CLUB64 Loyalty Programme, as these terms will apply to your use of our site and your membership of the CLUB64 Loyalty Programme. We recommend that you print a copy of these terms for future reference.

1.4 By using our site and registering for the CLUB64 Loyalty Programme, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site or register for the CLUB64 Loyalty Programme.

2. OTHER APPLICABLE TERMS

2.1 These terms of use refer to the following additional terms, which also apply to your use of our site:

2.1.1 our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate; and

2.1.2 our Cookies Policy, which sets out information about the cookies on our site.

2.2 Where you purchase goods from Nordicspirit.co.uk ("Nordic Spirit Website") such purchases are governed by our Terms and Conditions of Sale.

2.3 When we run a prize draw or offer rewards under the CLUB64 Loyalty Programme, we will make you aware of any additional terms and conditions that apply to that prize draw or reward (for example, the closing date for any eligible entries of a prize draw).

2.4 Our site may contain links to other websites, including those of our third party suppliers providing the rewards. If you visit one of these linked websites, your use of such website will be governed by the privacy policies and other policies and terms and conditions of the third party supplier. We are not responsible for, or able to monitor or control, the policies and practices of such companies.

2.5 Once a reward under the CLUB64 Loyalty Programme has been selected, you will be bound by the terms and conditions of the third party supplier providing the rewards and you acknowledge that the rewards are dependent on certain factors beyond our control. You are responsible for directly checking and complying with the supplier's terms, conditions, and privacy and usage policies and these may be amended or altered by the supplier at any time without giving you advance notice.

3. INFORMATION ABOUT US

3.1 Our site and the CLUB64 Loyalty Programme are operated by (or on behalf of) Gallaher Limited a limited liability company registered in England & Wales (registered number 01501573) with its registered office at Members Hill, Brooklands Road, Weybridge, Surrey KT13 0QU and VAT number GB689398450 ("We").

3.2 We work with a supplier who operates the CLUB64 Loyalty Programme for us, and this is carried out by TLC Marketing Worldwide UK Limited (referred to as "TLC" in this document), a company registered in England and Wales with company number 08443661 whose registered office address is Watson House, 54 Baker Street, London W1U 7BU.

3.3 TLC (or its related companies or persons) will supply the rewards that you receive under the CLUB64 Loyalty Programme and these will be provided to TLC by its trusted third party suppliers.

3.4 To contact us regarding:

3.4.1 our products purchased on the Nordic Spirit Website or your registered account (for example, if you are concerned about its security), please email consumer@nordicspirit.co.uk; or

3.4.2 the CLUB64 Loyalty Programme (such as queries relating to a prize draw or a particular reward), please email care@support.club64.uk.

4. CHANGES TO THESE TERMS

4.1 We may make changes to these terms at any time by amending this page

4.2 Please check this page from time to time to take notice of any changes we make, as they will apply to your use of our site and participation in the CLUB64 Loyalty Programme.

5. CHANGES TO OUR SITE

5.1 We may update our site from time to time, and may change the content at any time. Please note that any of the content on our site may be out of date at any given time and we are under no obligation to update it.

5.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.

6. ACCESSING OUR SITE

6.1 You must be 18 years old or over to access our site and your access to our site is conditional on you confirming your age.

6.2 Our site is made available free of charge.

6.3 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

6.4 You are responsible for making all arrangements necessary for you to have access to our site.

6.5 You should not allow any other person to use our site on your behalf or share your log-in details with any other person.

7. YOUR ACCOUNT AND PASSWORD

7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

7.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

7.3 If you know or suspect that anyone other than you knows your user identification code or password, please immediately change your password. If you have concerns about your account security (for example, you suspect your account has been compromised) please notify us of the issue at consumer@nordicspirit.co.uk.

7.4 You are responsible for keeping your personal details up to date on your account. Neither we nor TLC will be responsible if you suffer any loss from the CLUB64 Loyalty Programme if it is because the details we have recorded for members are out of date or inaccurate and you have not kept these up to date and accurate on your account.

7.5 Neither we nor TLC will be responsible if you suffer any loss because you failed to keep your security details for your account safe.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.1 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation (who are 18+ years of age) to content posted on our site.

8.1 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.1 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

8.1 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

8.1 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. NO RELIANCE ON INFORMATION

9.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

9.1 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

10. LIMITATION OF OUR LIABILITY

10.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

10.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

10.3.1 use of, or inability to use, our site; or

10.3.1 use of or reliance on any content displayed on our site.

10.4 We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

10.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10.7 Neither we nor TLC will be responsible for the terms and conditions of the separate third party supplier (including privacy and usage policies), or any changes or discontinuances of these or the products or services offered by the third party supplier.

10.8 Rewards and prizes under the CLUB64 Loyalty Programme are provided by the separate third party supplier, and we are not responsible for the goods or services provided and will not be responsible in any way if you suffer from the supply, quality, description or functionality of rewards or gifts supplied by any third party supplier or affiliate of any third party supplier. We assume no responsibility for any correspondence you receive from the third party supplier (including marketing efforts).

10.9 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Sale.

11. VIRUSES AND INTERNET USAGE

11.1 We do not guarantee that our site will be secure or free from bugs or viruses.

11.2 You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

11.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

11.4 Neither we nor TLC has any control over internet or communication networks and we will not be responsible for any problems associated with them due to traffic congestion, technical malfunction or otherwise. Neither we nor TLC has any responsibility to an individual for any fraud committed by any third party nor for any event beyond their control including, but not limited to, user error and any network, computer, hardware or software failures of any kind which may restrict, delay or prevent entry to the site and/or Programme.

12. LINKING TO OUR SITE

12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. In particular, you must not link to our homepage from websites that are known to be used by persons under the age of 18 years.

12.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.3 You must not establish a link to our site in any website that is not owned by you.

12.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

12.5 We reserve the right to withdraw linking permission without notice.

12.6 If you wish to make any use of content on our site other than that set out above, please contact consumer@nordicspirit.co.uk.

13. APPLICABLE LAW

These terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

14. TRADE MARKS

"Nordic Spirit ®” and "CLUB 64™" are our trade marks. We may also choose to register additional trade marks in connection with the CLUB64 Loyalty Programme at any time.

15. ABOUT THESE TERMS OF USE

15.5 When these terms of use start to apply. These terms of use came into force on 4th May 2022 and apply to all use of the website on or after midnight on that date.

15.5 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms of use to another organisation.

15.5 Nobody else has any rights under these terms of use. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.5 If a court finds part of these terms of use illegal, the rest will continue in force. Each of the sections of these terms of use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

15.5 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 of use, 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.

15.5 These terms of use do not affect your statutory rights. If you want more information on these rights, they are available from your local Trading Standards Department or Citizens' Advice Bureau.

15.5 Covid and other events beyond our control. Performance of any part of a promotion under the Programme is delayed or affected due to the continuing Covid-19 pandemic, government restrictions, or any other event outside of our reasonable control, all members affected will be contacted and kept updated of any unavoidable changes to relevant dates, rewards, prize draws or other features of the CLUB64 Loyalty Programme. We will not be responsible for any delays or cancellations of any rewards or prizes as a result of reasons beyond our reasonable control.

15.5 Additional costs. There may be additional costs which you will be charged for separately such as costs for any additional services that you specifically select that go beyond the standard level provided under the applicable terms and conditions of a reward as notified to you at the time of your selection (for example, if you select a special delivery method beyond the standard offered to you as part of a reward).

16. CLUB64 LOYALTY PROGRAMME

16.1 Eligibility. To be eligible to be a member of the CLUB64 Loyalty Programme, you must be a "Verified Consumer" of our "Nordic Spirit" branded products. To qualify as a "Verified Consumer", you must: (i) be a registered account holder on the Nordic Spirit Website; (ii) live in the United Kingdom; and (iii) be aged 18 or over. You may only register one membership with the CLUB64 Loyalty Programme using your Nordic Spirit account.

16.2 Collecting points. You can start collecting membership loyalty points once you are a Verified Consumer. You will earn transactional membership points through completing purchases of Nordic Spirit products and engagement membership points through engaging with other products and services related to our Nordic Spirit brand.

16.3 Our right to change membership points. In addition to any other right we have under these terms, we can choose to for any reason increase, decrease or restrict membership points from you at any time where (i) the circumstances described in section 16.15 occur, and/or (ii) we believe the points were awarded incorrectly for any reason, whether this is because of product reasons, or due to our action or failure to carry out an action, or that of TLC or anyone acting on our behalf (e.g. our employees, officers or agents, or anyone else).

16.4 No monetary value of points. Membership points have no monetary value, are non-transferable and cannot be exchanged for cash - they can only be used to access rewards and prize draws as part of the CLUB64 Loyalty Programme.

16.5 Expiry date of points. Membership points have an expiry date, after which they will no longer be usable. The expiry dates are listed in the table below and can be changed by us at any time without giving you advance notice whenever we choose to do so.

16.6 Transactional membership points. You will earn a "transactional point" for each purchase of a Nordic Spirit can (of any flavour) from the Nordic Spirit Website that has been completed and verified by us and can no longer be cancelled. Our verification usually takes around 2 hours after your purchase has been completed, however please allow up to 48 hours to see any update reflected on your membership account. Transactional points are as follows:

Action Points awarded Conditions Expiry period of the point(s)
Purchasing a Nordic Spirit can via our Nordic Spirit Website 1 transaction point per can purchased Uncapped points (subject to our maximum order volume) 366 days from transaction

16.7 Engagement membership points. You will earn "engagement points" for behaviours that demonstrate you are engaged with our Nordic Spirit brand. The more you engage, the more points you will be rewarded. Engagement actions are as follows:

Action Points awarded Conditions Expiry period of the point(s)
Newsletter interaction (e.g. opening our newsletter email, accessing the contents and using the links provided) 1 engagement point Capped at one point per month 181 days from interaction
Logging in to the Club64 Loyalty Programme account 1 engagement point Capped at one point per month 181 days from interaction
Completing the "How Nordic Are you?" welcome quiz 5 engagement points Capped at five points per lifetime 181 days from interaction
Completing a monthly activity (e.g. survey or quiz) 5 engagement points Capped at five points per month 181 days from interaction
Referring a friend to Nordic Spirit on our website (in accordance with the Recommend a Friend Programme Terms and Conditions) 10 engagement points Uncapped points 181 days from interaction

16.8 Membership tiers. You will be allocated a CLUB64 Loyalty Programme membership tier status based on how many points you have earned, as set out below. For example, if you register an account on our site with no transactional points or engagement points, you will automatically be granted the status of a "Member" but you will need to earn membership points in order to be move up a tier. The higher the membership tier, the more rewards you will get access to. The applicable tiers are as follows:

Tier Transactional points required Engagement points required
1. Member 0 0
2. Navigator 5 1
3. Explorer 45 5
4. Adventurer 145 10

16.9 Accessing the monthly activity. In order to access monthly rewards and enter prize draws, members must complete the monthly activity which will unlock available rewards and prize draws. To do this, you must log in to your account and follow the required steps to complete the activity.

16.10 Rewards. The rewards will not require use of or a deduction of your membership points in order to be redeemed. You will have access to a selection of monthly rewards and prize draw entries depending on your membership tier as follows:

Type of reward Conditions Frequency Tier available to
Monthly reward You must complete a monthly experience. Available once per month. Monthly Navigator, Explorer, Adventurer
Birthday reward Available on your birthday - must be claimed within 28 days of your birthday Once per year Member, Navigator, Explorer, Adventurer
Anniversary reward Available on your anniversary of becoming a member - must be claimed with 28 days of your anniversary date Once per year Member, Navigator, Explorer, Adventurer

16.11 Claiming a reward. Once a reward is claimed from the CLUB64 Loyalty Programme, a confirmation email will be sent to the registered email address of your account. You may also be required to provide additional information in order to claim a specific reward and we will let you know what is required when you are accessing the reward. All rewards and prizes are subject to availability and should a reward become unavailable, it may be substituted by the third party supplier for an alternative reward of equal or greater value.

16.12 Prize draws. We may run prize draws as part of the CLUB64 Loyalty Programme that are open to members in the Adventurer or Explorer membership tiers who are able to take part once per month, in a prize draw that is open to their membership tier. The terms and conditions applicable to a prize draw (including the closing date by which all entries must be made) will be provided when the prize draw is run and you will need to agree to these in order to enter the prize draw. The winner of a prize draw will be notified by email within 7 days of the prize draw taking place. If the winner does not accept the prize within 7 days of notification, another winner will be drawn and so forth until the prize can be successfully awarded. The prize draws are:

Prize draw type Tier available to Frequency
Regular Adventurer, Explorer Monthly
VIP Explorer Monthly

16.13 Prize draw publicity. The winner of the prize draw may be asked to take part in optional publicity or promotional activity associated with the prize draw (for example, providing a testimonial and/or photograph) but this will not take place without your prior approval. In order to satisfy our legal requirements, we may be required to publish or otherwise make available certain information to show that a valid award took place (for example, the surname and country of residence of the prize draw winner). If you object to this information about you being published or otherwise made available should you win a prize draw, please contact us to let us know at consumer@nordicspirit.co.uk and in this case, we will only make information available to our regulator to the extent required in order to comply with our legal requirements.

16.14 You can close your membership of the CLUB64 Loyalty Programme immediately at any time through accessing your Nordic Spirit Website account or your CLUB64 Loyalty Programme account and following the steps to end your membership. When you "unsubscribe" from the CLUB64 Loyalty Programme marketing communications by following the link provided in our email communications, this will also close your membership account. Your membership will also close if you cease to be a registered account holder on our Nordic Spirit Website. When you close your CLUB64 Loyalty Programme membership, your account is permanently closed and you cannot access any rewards and offers, including those that you have already accumulated.

16.15 We can end your membership of the CLUB64 Loyalty Programme if: (i) you have not accessed your account for a period of 2 years, but we will email you in advance of closing your account to let you know we are doing this and allow you the opportunity to re-engage with the CLUB64 Loyalty Programme. (ii) you fail in any way to act in accordance with any terms and conditions applicable to the Programme (including where you fail to meet the eligibility requirements); (iii) have abused or tried to abuse the CLUB64 Loyalty Programme or behaved towards us or TLC in a way that we determine is abusive, offensive or involves misconduct (including where you provide false or misleading information to us or TLC); or (iv) we believe your account has been tampered with or you are taking part in activities that interfere with the proper running of the CLUB64 Loyalty Programme in accordance with these terms (for example, interfering with the website to allow members to increase points without properly earning these, or publishing redemption codes online for multiple usage by individuals). In any of these events, your CLUB64 Loyalty Programme account may be immediately and permanently closed and you will not be able to access any rewards and offers, including those that you have already accumulated.

16.16 We can make changes to, or end, the CLUB64 Loyalty Programme at any time and you acknowledge that there are certain circumstances where we may need to change or end the CLUB64 Loyalty Programme (for example, in order to comply with our legal requirements or where it is no longer commercially viable for us to operate the CLUB64 Loyalty Programme). If we need to make changes to the CLUB64 Loyalty Programme, we can do so without giving you advance notice. Should the CLUB64 Loyalty Programme be cancelled, you will be given one month to claim or make use of any rewards available to you on your account.

16.17 Customer care and communication. Provided that you have opted in for the relevant communications, we (or TLC on our behalf) will contact you over email for the purpose of operating the CLUB64 Loyalty Programme and for marketing purposes and this is required in order to participate in the CLUB64 Loyalty Programme. You may opt out of receiving any future marketing communications from us at any time by following the "unsubscribe" link provided in each email we (or TLC on our behalf) send to you but please be aware that this will automatically close your membership account.

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