TERMS & CONDITIONS
Last updated: 15 February 2023
We are El Rayo Limited (company number: 11099657) (“El Rayo”, “we”, “our” or “us”), a company registered in England and Wales with our registered office at 20 King Street, Prince Albert House, Maidenhead, United Kingdom, SL6 1DT.
These terms and conditions (“Terms”) govern your use of El Rayo’s website (https://elrayotequila.com) (the “Site”) and your relationship with El Rayo Limited. Please read them carefully before ordering any products from us.
Your use of the Site and all purchases made on the Site will be governed by these Terms. If you do not agree to these Terms, please do not use the Site and do not buy products from us.
The Site is not for use by anyone under the age of 18. By placing an order with El Rayo you are confirming that you are at least 18 years old and that you are legally allowed to purchase alcohol in your location. You agree that you will not furnish El Rayo’s products to anyone who is under the age of 18 or anyone who is not of legal drinking age in your location.
Updates to the Terms
We may make changes to these Terms at any time. The version of these Terms will be indicated by the last updated date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms to stay informed of updates. By continuing to use the Site you agree that you have accepted the current Terms.
Ordering and prices
All prices are stated in GBP and include any VAT payable unless otherwise stated. The price of the items does not include the delivery charge. Please see our Shipping & Returns policy for details of the delivery fees and other charges that will apply to your order.
Upon completion of your order, we will confirm the order by e-mail to the e-mail address you provided when ordering. If you have not received an e-mail from us, or if you have other questions, please contact us at firstname.lastname@example.org.
Your order is an offer to buy from us. A contract is only formed when we have despatched your order. At any point up until then, we may decline to supply all or some of the products to you or make any changes to your order that we deem necessary.
If you need to change an order, please contact us at email@example.com and include the order number in the subject line. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
The product information contained on our Site has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstance beyond our control, we reserve the right not to accept your order for the affected products, or, if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the product.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may also vary from that shown in images on our website.
We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
Payment can be made by Visa, MasterCard, American Express and Maestro cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal or ShopPay. No payment will be taken from your card until the goods you have ordered are despatched. Please note, when you place an order, we will securely store your card details so it's easier for you to place any future orders, but we will never take payment from your card unless you authorise us to do so.
You confirm that the credit/debit card being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to El Rayo, we will not be liable for any delay or non-delivery.
Delivery & returns
Please see our Shipping & Returns policy for details of delivery times and how to return products. Our returns policy is in addition to, and does not affect any of, your legal rights.
If something is wrong with your order
If you have any complaints, we recommend that you contact our customer services team by e-mailing firstname.lastname@example.org and we will work hard to find a solution for you.
You have a legal right to receive goods which comply with their description, which are of satisfactory quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that a product you have been delivered does not comply with these legal rights, please let us know by e-mail to email@example.com as soon as possible so that we can attempt to remedy the error in the appropriate way.
If you wish to exercise your legal right to reject a product, we will provide you with details of how to return, or arrange collection of, the product (as applicable), and subject to verifying your compliant, and the product complying with the requirements of our Returns policy, refund you for the product.
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.
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; fraud or fraudulent misrepresentation; breach of your legal rights in relation to the products; and defective products under the Consumer Protection Act 1987.
Subject to the previous exclusions, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Site. At our request, you agree to compensate us fully, defend us, and hold us harmless immediately on demand from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms by you.
Availability of the Site
Although we aim to offer you the best service possible, we make no promise that the services on the Site will meet your requirements. We cannot guarantee that the Site will be fault free. If a fault occurs in the Site, you should report it to our customer services team and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Site or relevant as soon as we reasonably can.
You agree not to access without authority, interfere with, damage or disrupt any part of the Site.
Information on the Site
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any: (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party.
Without prior approval and express written permission, you may not create frames around the Site or use other techniques that alter in any way the visual presentation or appearance of our Site.
Links to third-party sites
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Intellectual Property Rights
We are the owner of 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. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
You must not republish, reproduce, reproduce, sell, rent or sub-license material from the Site without our prior written consent.
Cookies and personal data
We will not be liable by reason of any failure or delay in the performance of our obligations on account of events beyond its reasonable control, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism and government action.
Assignment and third-party rights
We may transfer our rights and obligations under these Terms to another organisation, provided this does not adversely affect your rights under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
If you breach these Terms and we ignore this or delays in enforcing these Terms, we will still be entitled to exercise its rights and remedies at a later date or in any other situation where you breach these terms.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.