Terms & Conditions | Xīn and Voltaire
Skip to main content

Terms & Conditions

Terms and Conditions of Xīn and Voltaire Limited

Xīn and Voltaire Limited
26-27 Bedford Square
London, WC1B 3HP, United Kingdom


1.1.      These terms and conditions (Terms) set out the terms on which you can purchase our cocktail sorbets (Products) through our website https://xinandvoltaire.com (Website). You must accept these Terms for us to provide the Products to you. By signing up for an account on our Website, and/or purchasing one or more of our Products, you confirm that you accept these Terms and you become legally bound by them.

1.2.      Please read these Terms carefully. These Terms tell you who we are and other important information. They describe how we sell our Products, set out your rights and responsibilities and tell you what to do if there is a problem. These terms also limit our liability.

1.3.      Consumers: If you are using the Website and purchasing Products as an individual consumer (meaning that you primarily use our Products for personal use and not for commercial, business or resale purposes), these Terms will apply to you except any parts marked “Businesses only”.

1.4.      Businesses: If you are using the Website and purchasing Products as a business (meaning that you primarily use our Products for commercial, business or resale purposes, rather than for personal use), these Terms will apply to you except any parts marked “Consumers only”.

1.5.      If you do not agree to these Terms, you must not purchase our Products.

1.6.      Please note that we reserve the right to update, change or replace any part of these Terms in our sole discretion. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

1.7.      We will collect some personal data about you in order to process your order (e.g. your name, email address, payment details and delivery information). For information regarding how we process personal data, please see our Privacy Policy.

1.8.      For information regarding access to and use of our Website, please see our Website Terms of Use here.


2. Who are we?

    2.1.      We are Xin and Voltaire Limited, registered in England and Wales with company number 10933838 (we / us / our). Our company registered address is 26-27 Bedford Square, London, England, WC1B 3HP. Our VAT number is 406249508.

    2.2.      You can contact us with any queries through our Contact Us page.


    3. Using our Website

      3.1.      When using our Website, you must:

      3.1.1.   notify us immediately if you suspect any use of the Website is, or may lead to activity that is, fraudulent or unlawful;

      3.1.2.   notify us immediately of any circumstances where any intellectual property rights or any other rights of any third party may have been infringed.

      3.2.      You agree not to use our Website:

      3.2.1.   in any way that is unlawful or fraudulent, or in any other way that breaches any applicable law or regulation;

      3.2.2.   for the purpose of harming or attempting to harm minors in any way;

      3.2.3.   to send, knowingly receive, upload, download or use any material which does not comply with these Terms;

      3.2.4.   to knowingly transmit any data, send or upload any material containing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, or any other material which is malicious or technologically harmful (such as denial-of-service attacks);

      3.3.      You agree not to attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

      3.4.      We reserve the right to suspend the operation of our Website at any time. We may also restrict access to some parts of our Website to users who have registered with us.

      3.5.      We may prevent or suspend your access to the Website or any part of it if you do not comply with these Terms or any applicable law.

      3.6.      We do not promise that the Website will be available at all times or that your use of the Website will be uninterrupted.

      3.7.      We have no control over, and don’t accept any responsibility for, the content of any third party website. If we link to any third party website, this doesn’t mean that we endorse or recommend the organisation which operates it.


      4. User account

        4.1.      If you sign up for an account on our Website, you agree to:

        4.1.1.   ensure any details provider to us are accurate;

        4.1.2.   keep your username and password secure and confidential; and

        4.1.3.   let us know promptly if you believe that your username or password has been compromised.

        4.2.      We may terminate your access to the Website, or any part of it, at any time if we believe that your use of the Website is affecting the security or stability of the Website or is detrimental to others.


        5. Intellectual Property

          5.1.      All copyright and other intellectual property rights in our Website and its content (including logos, illustrations, text and videos) belong to us or our licensors. Unless we say otherwise, all rights are reserved. If you are in any doubt about whether you can use anything on our Website, please contact us for clarification.


          6. Placing an Order

            6.1.      To purchase one or more of our Products, you need to place an order on our Website.

            6.2.      By placing an order, you confirm that you are:

            6.2.1.   at least 18 years old; and

            6.2.2.   legally capable of entering into contracts; and

            6.2.3.   Consumers only: an individual wishing to buy the Products primarily for your personal use; or

            6.2.4.   Businesses only: an authorised representative of the business.

            6.3.      You must be at least 18 years old to purchase products containing alcohol. We do not knowingly collect or request any information from anyone under 18 years old, or knowingly allow anyone under 18 years old to purchase our Products. Children under 18 years old are forbidden to provide us with personal information. If we discover we have collected personal information from a child under 18 years old, with or without the consent of their parent or legal guardian, we will delete as much of such personal information as we can as soon as possible.

            6.4.      Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

            6.5.      The order will only be accepted when we send you a written acceptance of the order by email. When we send you this email confirming the order, a contract between you and us will be created (an Order). We will then send you a shipping confirmation email to let you know once your order has been dispatched.

            6.6.      Our Website is solely for the promotion of our Products in England and Wales. Unfortunately, we do not currently accept orders from or deliver to addresses outside England and Wales.

            6.7.      We reserve the right to accept or reject any Order at our discretion. If we are unable to accept your Order, we will notify you as soon as possible.

            6.8.      Where you have chosen a subscription, you will be able to skip or change your Order (box content and delivery date) up to 3 days before your subscription day(s). If you do not make any changes, we will use the details provided for the previous Order.

            6.9        The subscription plan to our Services consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Contract, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Xīn and Voltaire may submit periodic charges without further authorisation from you until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Xīn and Voltaire reasonably could act. To terminate your authorisation or change your payment method please contact us on the following email address, contact@xinandvoltaire.com or via the customer portal on our Website.

            6.10 By subscribing to Xīn and Voltaire you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms agreed on our Website. This is subject to variation in accordance with clause 6.11 below. You can cancel your subscription at any time. You will not be charged for any cancellations. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

            6.11 Cancelling or pausing your subscription is easy. You just need to go to your account area on our Website and follow these steps (this must be completed by 11:59 PM three days before the following delivery):

            1. Visit the My Account page of the Xīn and Voltaire Website;
            2. Click the link that reads ‘Need help accessing you subscriptions?’;
            3. Enter the email address used to create your order;
            4. In the email that has been sent to you, click the link, this will take you to your subscription portal;
            5. To cancel, when in your subscription portal, click Manage Subscription;
            6. Click on 'Cancel Subscription' at the bottom of the page;
            7. Follow the steps to cancel.

             7. Description of our Products

              7.1.      Descriptions of the Products are as set out on our Website.

              7.2.      Whilst we display the colours of the Products, as accurately as possible, there may be minor variations between the images as they are displayed on the Website and the Products you receive. In particular (but without limitation), we cannot guarantee that your computer's display of the colours will reflect the colour of the Products.

              7.3.      When providing our Products to you, we promise that:

              7.3.1.   we will provide our Products to you in accordance with these Terms;

              7.3.2.   we will comply with all applicable laws;

              7.3.3.   our Products will conform with the description set out in the order;

              7.3.4.   our Products will be free from material defects; and

              7.3.5.   our Products will be of satisfactory quality.

              7.4.      All weights, sizes and measurements set out on our Website are as accurate as possible but there may be a small tolerance of up to 1%.


              8. Delivery, transfer of risk and title

                 8.1.      We will deliver your selected Products to you according to the delivery method specified in the Order. The cost of delivery will be as displayed to you on our Website when you place the Order.

                8.2.      While we make every effort to deliver our Products to you within the estimated time period provided when ordering, and will so do in any event within 30 days of accepting your order, time of delivery is not guaranteed.

                8.3.      You must be available at the time the delivery arrives at your chosen delivery address, and have ID available to show you are of legal drinking age. Due to the perishable nature of our Products, we cannot provide a redelivery service and no refund will be given.

                8.4.      Businesses only:

                8.4.1.   You own the Products once we have received payment in full, including all applicable delivery charges, and we have confirmed your Order. The Products will be at your risk from that time.

                8.4.2.   Delivery is completed once the Products have been unloaded at the address for delivery set out in your Order.

                8.4.3.   Any dates and times quoted for delivery are approximate only, and the time of delivery is not of the essence.

                8.4.4.   If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by an unforeseeable event, or an event otherwise outside our control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

                8.5.      For more information about deliveries, please see our FAQ page.


                9. Price and payment

                   9.1.      The final price for our Products will be shown on the website and as set out in your order (the Price). The Price is inclusive of VAT. The cost of delivery that is provided to you when you place the order will include all charges for packaging, insurance and delivery. Our delivery prices are also set out on our FAQ page.

                  9.2.      Where you have chosen a subscription, we will take the initial payment when you make the Order, and recurring payments every 14 or 30 days, depending on the delivery option you chose.

                  9.3.      We will charge the Price to the credit or debit card that you have provided at the time we accept the order. All amounts due must be paid in full in advance.

                  9.4.      We accept payment using credit or debit cards, and via PayPal. All credit card and debit card payments need to be authorised by the relevant card issuer.

                  9.5.      We use Shopify to process payments on our website. They have their own separate terms of use which can be found at https://www.shopify.com/legal/privacy.


                  10. Returns and Refunds

                     10.1.    We will notify you by email and/or text of the cut-off time for changes. Before this cut-off time, you can change make changes to or cancel your Order by using our Contact Us page. To help us process your change or cancellation more quickly, please include your order number when you contact us.

                    10.2.    Consumers only:

                    10.2.1. We are under a legal duty to supply Products that are in conformity with our Contract with you, and which are as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product, if your Product is faulty, you can request an immediate refund.

                    10.2.2. For more detailed information on your consumer rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.

                    10.3.    Businesses only:

                    10.3.1. Whilst reasonable endeavours will be made to ensure that the Products leave our depot in merchantable quality, we cannot warrant that the Products will be delivered in the same condition.

                    10.4.    Consumers and businesses:

                    10.4.1. If you believe the Product is faulty, please contact us using our Contact Us page as soon as possible. We may require you to provide evidence that the Product is faulty before issuing a refund.

                    10.4.2. Where we agree to provide a refund, you will be refunded the price you paid for the Product including delivery costs, by the method you used for payment.

                    10.4.3. Due to the perishable nature of our Products, we can only offer refunds where the Product is faulty, and we are unable to accept returns.


                    11. Your obligations and restrictions

                      11.1.    You agree and accept that:

                      11.1.1. you will provide complete and accurate information when placing an order and you are responsible for making sure that the data you provide us, and the order you have created, is correct; and

                      11.1.2. you will comply with these Terms, and any other documents referred to in them, when using our Website and placing an order for Products.

                      11.2.    In reading and accepting these Terms, you are aware of and understand your rights and responsibilities, and if you are not sure, you have contacted us on our Contact Page for help or more information.


                      12. Our right to end the Contract

                         12.1.    We may terminate our contract with you under these Terms and/or any Order(s) at any time by contacting you in writing if:

                        12.1.1. you commit a serious breach of these Terms;

                        12.1.2. you do or take part in anything illegal when using our Website or purchasing our Products;

                        12.1.3. you fail to pay any amount due under these Terms on the due date; or

                        12.1.4. Businesses only: you suspend or cease to carry on all or a substantial part of your business.

                        12.2.    You can cancel your Order under section 9.

                        12.3.    You can cancel your account on the Website at any time. If your Order(s) include a subscription, you must cancel your subscription before cancelling your account. If you cancel your account before an Order has been delivered to you, the Order will not be affected by cancelling your account.

                        12.4.    Our right to terminate does not affect any of your rights.


                        13. Our liability to you

                          13.1.    Consumers only:

                          13.1.1. If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the Order was made, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

                          13.1.2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

                          13.2.    Businesses only:

                          13.2.1. We will not be liable to you for:

                          1. loss of profits, sales, business or revenue;
                          2. loss of business opportunity;
                          3. loss of anticipated savings;
                          4. loss of goodwill; or
                          5. any indirect or consequential loss.

                          13.2.2. Our total liability to you for all losses arising under or in connection with these Terms is limited to the price of your Order, excluding delivery.

                          13.2.3. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. Without limiting the above, we will not be responsible for ensuring that the Products are suitable for your purposes.

                          13.3.    If we are affected by an unforeseeable event, or an event otherwise outside our control, we will promptly write to you to let you know if this means we are unable to fulfil the Order. 

                          13.4.    Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.


                          14. Feedback and Complaints

                             14.1.    We welcome any feedback about our Products. We hope that you are satisfied with any purchase you make with us, and we are always keen to hear about ways to improve our Products.

                            14.2.    If you have any comments or need to submit a complaint, please do so on our Contact Us page. We aim to deal with any complaints swiftly.


                            15. General

                               15.1.    You are not allowed to transfer your rights or obligations under these terms to anyone without our prior written consent. We may transfer our rights and obligations under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

                              15.2.    If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

                              15.3.    If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

                              15.4.    These Terms and the terms of each accepted Order represent the entire agreement between us and replace any terms and conditions of purchase or supply that you have been provided with previously.

                              15.5.    These Terms and the terms of any accepted Order, and any dispute or claim arising out of these Terms and/or the terms of any accepted Order, will be governed by, and interpreted in accordance with, the laws of England and Wales. The parties agree that the courts of England and Wales will have exclusive jurisdiction to settle such disputes or claims.


                              Your Cart

                              Your cart is currently empty.
                              Click here to continue shopping.