The following explains our responsibilities regarding your order with us, and how your transaction will be handled. It is a lot of legalese that isn’t overly fun to read, but it is important for you to understand these terms & conditions when you shop with us.

TERMS & CONDITIONS

Welcome to our website. Please read these terms and conditions carefully before using the ‘Toca Vida’ Website & Shop. This website is owned and operated by Toca Vida Limited 44 Hamilton Street, Cardiff, CF119BP, UK If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern tocavida.co.uk relationship with you in relation to this website. The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. We reserve the right to refuse service to anyone for any reason at any time. Neither we nor any third parties provide and warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited too, design layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without tocavida.co.uk prior written consent. We have made every effort to display as accurately as possible the colours and images of our products that appear at the website and online shop. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by tocavida.co.uk and whilst we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event, will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website. Through this website you may be able to link to other websites which are not under the control of tocavida.co.uk. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, tocavida.co.uk takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

By placing an order with tocavida.co.uk you acknowledge to have read and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact us at info@tocavida.co.uk before placing your order with us. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We must receive payment of the whole of the price for the goods and the delivery charge before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

Our standard delivery schedule is between 3-5 working days however we can not guarantee this and we will endeavor to process all orders within 30 days of receiving them. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Toca Vida Limited and transfer of responsibility in the same way. If possible, please check the condition of your parcel before you sign for it. If it is damaged, don’t sign for it but hand it back to the courier to return to us. If you only discover that your parcel is damaged after you’ve signed for it, please email info@tocavida.co.uk To purchase products from Toca Vida Limited, you must be of legal age to buy alcohol in the country in which you reside. Delivery will only be made to individuals of legal purchase age and our delivery company will require signature on delivery. Our delivery company will check ID if they are unsure of the recipients age. Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Product(s) from outside the UK if you have a UK billing address for your credit or debit card, but the order must be for delivery to an address within the UK.

AVAILABILITY

All items are subject to availability. We will inform and refund you as soon as possible if the goods you have ordered are not available.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any/ information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh data applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

For cancellations or returns please contact us immediately via email at info@tocavida.co.uk. You will receive a full refund of the price paid for the goods ordered, excluding delivery, if they are returned fully intact with tamper seals remaining and no damage to the packaging or bottle. Any returned merchandise will also receive a full refund of the price paid for the goods ordered, excluding delivery provided if it is returned in good condition in the original packaging. We will process the refund due to you as soon as the products have been inspected. Please return the goods to us in the original packaging within 14 days, please get proof of postage when returning items to us. If the product is damaged in transit don’t sign for it but hand it back to the courier to return to us and contact us immediately via email at info@tocavida.co.uk.

In addition to other prohibited uses as already mentioned, you are prohibited from using the site or its content; (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

This website, these terms and conditions and any contract entered into as a result of usage of this website are governed by and constructed in accordance with English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. Disclaimer of Warranties; Limitation of Liability We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error- free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the services are (except as expressly stated by us) provided ‘as is ‘and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Toca Vida Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensor's be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including, negligence), strict liability or otherwise, arising from your use of any of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the sue of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdiction, our liability shall be limited to the maximum extent permitted by law.

OUR PRIVACY POLICY & CUSTOMER PRIVACY POLICY

Toca Vida Ltd is a company registered in England and Wales and the sole brand owner of Toca Vida Gin and associated branded products (collectively referred to as T.V, “we”
or “us” in this policy).

RESPONSIBLE RETAILING

We do not and will not knowingly collect information from any person under the age of 18. If you are under the age of 18, you must not use the Site or submit any personal information. Due to the alcoholic nature of our products, you must be 18 or over to use, shop and consume items from our web site.

OVERVIEW

Maintaining the security of your data is a priority at T.V, and we are committed to respecting your privacy rights. We pledge to handle your data fairly and legally at all times. T.V is also dedicated to being transparent about what data we collect about you and how we use it. This policy, applies to any online purchase you make with us and provides you with information about: how we use your data; what personal data we collect; how we ensure your privacy is maintained; and your legal rights relating to your personal data.

HOW WE USE YOUR DATA

T.V (and trusted partners acting on our behalf) uses your personal data: to provide goods to you; to verify your identity; for crime and fraud prevention, detection and related purposes; to enable T.V to manage customer service interactions with you; and where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute). Sharing Data With Third Parties Our service providers and suppliers In order to make certain services available to you, we may need to share your personal data with some of our service partners. These include IT and delivery providers. T.V only allows its service providers to handle your personal data to complete any online sales purchases. For example delivery addresses and contact details and for no other purposes. Other third parties Aside from our service providers, WL will not disclose your personal data to any third party, except as set out below. We will never sell or rent our customer data to other organisations for marketing purposes. We may share your data with: governmental bodies, regulators, law enforcement agencies, courts/tribunals and insurers where we are required to do so: – to comply with our legal obligations; to exercise our legal rights (for example in court cases); for the prevention, detection, investigation of crime or prosecution of offenders; and for the protection of our employees and customers. How long do we keep your data? We will not retain your data for longer than necessary for the purposes set out in this Policy. Different retention periods apply for different types of data, however the longest we will normally hold any personal data is 7 years.

WHAT PERSONAL DATA DO WE COLLECT?

T.V may collect the following information about you: your name; your contact details: postal address including billing and delivery addresses, telephone numbers (including mobile numbers) and e-mail address; purchases and orders made by you; your correspondence and communications with T.V;

HOW WE PROTECT YOUR DATA

Our Controls T.V is committed to keeping your personal data safe and secure. Our security measures include: – encryption of data; internal policies setting out our data security approach and training for employees.

WHAT YOU CAN DO TO HELP PROTECT YOUR DATA

T.V will never ask you to confirm any bank account or credit card details via email. If you receive an email claiming to be from T.V asking you to do so, please ignore it and do not respond. If you are using a computing device in a public location, we recommend that you always log out and close the website browser when you complete an online session. In addition, we recommend that you take the following security measures to enhance your online safety both in relation to WL and more generally: – keep your Pay Pal passwords private. Remember, anybody who knows your password may access your account. We also recommend that you frequently change your pay pal password. avoid using the same password for multiple online accounts.

YOUR RIGHTS

You have the following rights: the right to ask for a copy of personal data that we hold about you (the right of access); the right (in certain circumstances) to request that we delete personal data held on you; where we no longer have any legal reason to retain it (the right of erasure or to be forgotten); the right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you (the right of rectification); the right to opt out of any marketing communications that we may send you and to object to us using / holding your personal data if we have no legitimate reasons to do so (the right to object); the right (in certain circumstances) to ask us to ‘restrict processing of data’; which means that we would need to secure and retain the data for your benefit but not otherwise use it (the right to restrict processing); and the right (in certain circumstances) to ask us to supply you with some of the personal data we hold about you in a structured machine-readable format and/or to provide a copy of the data in such a format to another organisation (the right to data portability). If you wish to exercise any of the above rights, please contact us using the contact details set out below.

AMENDMENTS TO THIS POLICY

We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy.

LEGAL BASIS FOR T.V PROCESSING CUSTOMER PERSONAL DATA

General T.V collects and uses customers’ personal data because is it necessary for: the pursuit of our legitimate interests (as set out below); the purposes of complying with our duties and exercising our rights under a contract for the sale of goods to a customer; or complying with our legal obligations Customers have the right to withdraw consent at any time. Where consent is the only legal basis for processing, we will cease to process data after consent is withdrawn. Our legitimate interests The normal legal basis for processing customer data, is that it is necessary for the legitimate interests of T.V, including:- selling and supplying goods and services to our customers; protecting customers, employees and other individuals and maintaining their safety, health and welfare; improving existing products and services and developing new products and services; complying with our legal and regulatory obligations; preventing, investigating and detecting crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies; handling customer contacts, queries, complaints or disputes; managing insurance claims by customers; effectively handling any legal claims or regulatory enforcement actions taken against WL; and fulfilling our duties to our customers, colleagues, shareholders and other stakeholders.

DATA PROTECTION OFFICER

T.V has appointed a Data Protection Officer to ensure we protect the personal data of our customers (and others) and comply with data protection legislation. If you have any questions about how WL uses your personal data that are not answered here, or if you want to exercise your rights regarding your personal data, please contact our Data Protection Officer’s team by: e-mail: info@tocavida.co.uk or write to:Toca Vida Limited 44 Hamilton Street, Cardiff, CF119BP, UK. You have the right to lodge a complaint with the Information Commissioner’s Office. Further information, including contact details, is available at https://ico.org.uk.

UPDATES

This policy was last updated in Oct 2022.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the date you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Our websites may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over the that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.