Innovinity Conditions of Sale | The Coca-Cola Company

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER.

IMPORTANT: IF YOU PLACE AN ORDER WITH US FOR A PERSONALISED PRODUCT YOU SHALL HAVE NO RIGHT TO CHANGE YOUR MIND. SEE CLAUSE 9.3 FOR FURTHER DETAILS.

We recommend that you print a copy of these terms for future reference.

THESE TERMS

What these terms cover. These are the terms and conditions on which we supply products to you.

The "Website" is the website at , including any local websites and marketing that resolve to this website, as an example .

"Products" refers to the products which we sell via the Website and which are personalised with your selected content.

Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract of our supply of products to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using the contact details listed below to discuss.

INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are Innovinity Ltd, a limited company registered in England and Wales. Our company registration number is 12856774 and our registered office is at 69 Gazelle Road Weston-Super-Mare, BS24 9ES. Our VAT number is 362643300.
How to contact us. You can contact us by telephoning our customer service team on the contact number provided on the bottom of the website or by writing to us on email to: BetterTogether@cocacola.eu.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. The courier may use your contact information in order to locate the delivery address or to discuss your delivery status.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

OUR CONTRACT WITH YOU

What will happen when you place an order. Shortly after you have placed an order with us, we will send you an order acknowledgement. The order acknowledgement is purely for information purposes and does not constitute acceptance of your order.
How we will accept your order. Our acceptance of your order will take place when we send you an order confirmation email, at which point a contract will come into existence between you and us.
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 of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline specified.
We also reserve the right to refuse to accept your order and suspend your account if the contents of the order would violate these terms and conditions.
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.

OUR PRODUCTS

Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we try to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on the Website.

Making sure your content is accurate. Please be aware that you are responsible for ensuring that any content uploaded to the Website for inclusion on the product is accurate, correct and complies with the Terms of Use policy on the Website which can be found at Error! Hyperlink reference not valid.. We will proceed to complete your purchase and use the content which you have provided (subject to satisfaction of any particular requirements and/or limitations on the content which we will use, as set out in the Terms of Use policy). Please check the content which you provide for personalisation of your product carefully, including for spelling and grammatical errors, before placing your order with us.

WHO CAN PURCHASE FROM US

The Platform is intended for an audience of at least [16] years of age, with the understanding that a parental agreement will be required for minors under the age of 18. Coca-Cola reserves the right to request any proof of parental consent at any time. Age restrictions will, if any, be clearly stated on the Platform and you may be asked to confirm your age before continuing navigation.

In order to place an order with us, we require you to create an online account with us (Coca-Cola Account). When you register for an Account, you will need to supply us with your real name and a valid email address. This is to ensure compliance with these Terms and so that our Customer Service Team can perform identity verification if you ever contact us about your order. A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a fake name or email address.

You place an order on the Platform by pressing the Checkout button during the checkout process. By confirming your order, you are agreeing to purchase the product you have selected which shall be subject to these Terms.

PRICE AND PAYMENT

Where to find the price for the product. The price of the product will be the price as set out on the Website. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 2 for what happens if we discover an error in the price of the product you order.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is different than the price stated to you, we may contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
When you must pay and how you must pay. All payments are to be made through the Website through our third party payment provider, Stripe Pay. You must pay for the products in full before we will dispatch them.
What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us immediately to let us know.

YOU HAVE THE RIGHT TO MAKE CHANGES

If you wish to make a change to the product you have ordered, please contact us immediately. 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract as set out at Clause 9.

WE HAVE THE RIGHT TO MAKE CHANGES

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

to reflect changes in relevant laws and regulatory requirements;
to implement minor changes to the products as required by our third party suppliers and/or commercial partners; or
to implement minor technical adjustments and improvements.

Significant changes to the products. We may make significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before you or someone nominated by you takes delivery of the product and receive a refund for any products paid for but not received.
Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

DELIVERY OF THE PRODUCTS

Delivery costs. The costs of delivery will be as set out on the Website and on your order summary prior to submitting your order to us for processing.
When we will provide the products. During the order process we will let you know when we will deliver the products to you. We will deliver them to you on either the date specified if you have paid for a delivery method which specifies a specific delivery speed (e.g. priority delivery) or within the estimated delivery timescale specified on the Website if a specific date is not possible (e.g. standard delivery). Please note that any estimated delivery timescales are estimates only.

Products are delivered by Deutsche Post / DHL (or another third-party carrier from time to time).

We are not responsible for delays outside our control. If our supply of the 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. You may contact us to end the contract and receive a refund for any products you have paid for but not received within 30 days of placing your order with us.
We are not responsible for delays that are caused by purchases not conforming to our moderation guidelines. Each purchase is subject to a manual moderation.
If no-one is at the delivery address when the product is delivered. If no one is available at the delivery address provided to us for delivery of the product and the products cannot be posted, we will leave you a note informing you of how to [rearrange delivery or collect the products from a local depot.
If the recipient does not re-arrange delivery. If, after a failed delivery, the intended recipient of the product does not re-arrange delivery or collect them from a delivery depot we (or our appointed delivery service provider) will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 1 will apply.
When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us.
When you own products. You own a product once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you; for example, your name and address. We may, however, contact you in writing to ask for this information if it is missing from the information provided when you placed the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract and make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see Clause 1 and Clause 7).

Your rights if we suspend the supply of a product. We will contact you to tell you we are suspending supply of a product. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days.

YOUR RIGHT TO END THE CONTRACT

When you can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or all of your money back), see Clause 1; or
If you want to end the contract because of something we have done or have told you we are going to do, see Clause 2.

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 Clauses 2.1 to 9.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

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;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
you have a legal right to end the contract because of something we have done wrong.

You do not have the right to change your mind and return a Product within the 14 day cooling-off period for personalised products.

Under the Consumer Contracts Regulations 2013 for most products bought online, you have a legal right to change your mind within 14 days (the "cooling-off period") after the day you (or someone you nominate) receives the products and receive a refund. However, the right to change your mind and return a product within the 14 day cooling off period does not apply to goods which are personalised.
As we only sell products which have been personalised, you therefore do not benefit from the right to change your mind and return a product within the 14 day cooling-off period under the Consumer Contracts Regulations for purchases made with us. Please do consider this carefully and ensure any personalisation is correct and accurate before confirming your order.

HOW TO END THE CONTRACT WITH US

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

Phone or email. Call customer services on the local phone numbers provided on the website or email us at personalize@innovinity.com. Please provide details of your order number, what you bought, when you ordered or received it and your name and address.
By post. Write to us at Innovinity, PO Box 1182, BS26 2WP, UK including details of your order number, what you bought, when you ordered or received it and your name and address.

Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you or someone you nominate has received them, you must return them to us. You must return the products by post and send them to Innovinity, PO Box 1182, BS26 2WP, UK . Please call customer services on on the local phone numbers provided on the website or email us at personalize@innovinity.com to request a return. Please do not return products unless a return has been authorised by us. Failure to secure authorisation for a return in advance could cause issues with our ability to process your return and/or refund.
When we will pay the costs of return. We will pay OR refund you the costs of return:

if the products are faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

How we will refund you. We will refund you the price you paid for the products, including delivery costs, by the method you used for payment.

OUR RIGHT TO END THE CONTRACT

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example your name and address for delivery; or
you do not, within a reasonable time, allow us to deliver the products to you or collect them from our appointed delivery service provider.

IF THERE IS PROBLEM WITH THE PRODUCT

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at personalize@innovinity.com.
Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject faulty or misdescribed products, you must return them by post to us. We will pay OR refund you the costs of postage. Please email us at personalize@innovinity.com regarding your return request. Please do not return products unless a return has been authorised by us. Failure to secure authorisation for a return in advance could cause issues with our ability to process your return and/or refund.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to faulty, defective or misdescribed products.
We are not liable for business losses. We only supply the products to consumers for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.

OTHER IMPORTANT TERMS

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the Clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
How we use your personal information. We will only use your personal information as set out in our coke.com/personalize
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English & Welsh courts. This does not affect your legal rights.
Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We hope that we can address any concerns or complaints you may have in the first instance, but on the rare occasion when this is not the case, you may want to contact an alternative dispute resolution provider. If this is the case, please do contact us and we shall be happy to suggest the details of an ADR provider.

Version 2.0 – June 2022