General Terms & Conditions (GTC) of HOLY Softdrinks Ltd - B2C

§1 SCOPE OF APPLICATION AND DEFINITIONS

(1) These General Terms & Conditions (GTC) shall apply to all orders placed by Consumers via our online shop at https://uk.holy.com (hereinafter referred to as the "Customer" or "you"). The version valid at the time the contract is concluded shall be decisive.

(2) A “Consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

§2 CONTRACTING PARTY AND CONTACT DETAILS

The contracting party is HOLY Softdrinks Ltd, Suite 1, 7th Floor, 50 Broadway, London, United Kingdom, SW1H 0DB and Email: hello@holy.uk. Further information can be found in the imprint of our online shop.

§3 FORMATION OF THE CONTRACT, ORDERING PROCESS, AND STORAGE OF THE CONTRACT TEXT

(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to treat (a request to place an order). 

(2) By clicking the "Order now" button, you submit a binding offer to purchase the goods contained in your shopping basket. We will acknowledge receipt of your order with an automatic confirmation.

(3) The contract is formed as soon as we accept your order by sending an Order Confirmation via email, at the latest upon dispatch of the goods. You will receive the Order Confirmation immediately after submitting your order."

(4) During the ordering process, you can change or remove products from your shopping basket at any time; before submitting the order, your input will be displayed and can be corrected. The ordering process can be cancelled by closing the browser window.

(5) Payment is due at the time of placing the order. The available payment methods will be displayed to you during the ordering process and must be used to complete your order. Where a deferred payment option (e.g. 'Buy Now, Pay Later') is offered, the terms of the relevant third-party payment provider shall apply.

(6) We will store the text of the contract and send you the order details, along with these GTC and the Cancellation Instructions, via email.

§4 PROTECTION OF MINORS

(1) Our caffeinated Energy Products are only sold to persons aged 16 years or older. By placing an order, you confirm that you have reached this minimum age. 

(2) We reserve the right to carry out an age verification (e.g., ID check or through the shipping service provider) and may refuse or cancel orders if age cannot be verified.

(3) Other non-caffeinated products are not affected by this provision.

§5 PRICES, SHIPPING COSTS, AND PAYMENT METHODS

(1) All prices are final prices in Pounds (GBP - £) and include the statutory Value Added Tax (VAT).

(2) In addition to the stated prices, shipping costs may apply; these will be itemised during the ordering process. Delivery may be free of shipping costs above a certain order value.

(3) Customary cashless payment methods (e.g., credit card, online payment services) are available to you as payment options. The available payment methods will be displayed to you during the ordering process.

§6 DELIVERY AND RETENTION OF TITLE

(1) Delivery within the United Kingdom takes approximately 3-6 working days from the Order Confirmation, or in the case of advance payment / direct payment, from the payment of the purchase price and shipping costs. Delivery times to other countries depend on the destination country and will be displayed at the checkout. For deliveries outside the UK, the Customer shall bear any applicable customs duties and taxes.

(2) If delivery of the ordered goods is not possible, for example, because the corresponding goods are not in stock, we will refrain from issuing an Order Confirmation. In this case, no contract will be formed. We will inform you immediately and refund any consideration already received.

§7 RIGHT OF CANCELLATION AND RETURNS

(1) The statutory Right of Cancellation applies. The Cancellation Instructions, including the sample cancellation form, are appended in the Cancellation Notice.

(2) In the event of cancellation, you shall bear the direct costs of returning the goods. 

(3) Please return the goods, if possible, in their original packaging with all accessories. Failure to comply with this request does not limit your Right of Cancellation, but it facilitates our processing of the return.

§8 REFUNDS

(1) Refunds shall be made using the same means of payment that was used during the ordering process. Refunds will be processed within 14 days of us receiving the returned goods or your proof of return, whichever is earlier.

(2) If a Voucher was used, the refund shall be credited proportionately back to that voucher. A cash payment is excluded.

§9 VOUCHERS AND DISCOUNT CODES

(1) HOLY offers Gift Vouchers, Promotional Codes, Value Vouchers, and Product Vouchers. A cash payout for the vouchers is excluded. Gift Vouchers and Promotional Codes are transferable; Value Vouchers and Product Vouchers, however, are not. Vouchers must be redeemed in the designated field at the checkout and cannot be offset after the order has been placed. 

(2) Gift Vouchers.

(2.1) Gift Vouchers can be purchased for fixed amounts in the online shop at https://uk.holy.com. They are sent free of charge via email after payment (cf. § 5). 

(2.2) The use of other vouchers, discount codes, or coupons to purchase Gift Vouchers is excluded. 

(2.3) The issuing currency of the voucher must be identical to the redemption currency. The voucher amount can be used across multiple orders until fully depleted. Any remaining balance will remain on the voucher and can be redeemed again. The credit balance is not subject to interest. If the voucher value is insufficient, the difference can be settled with another offered payment method. Multiple vouchers can be combined in a single order. 

(2.4) HOLY can discharge its obligations by making payment to the respective holder or user of the voucher, unless HOLY has positive knowledge or is grossly negligent in its ignorance of the user's lack of entitlement. 

(2.5) Gift Vouchers are valid for three years from the date of issue, commencing at the end of the respective calendar year in which the voucher was purchased. They can no longer be redeemed after this period. 

(2.6) If an order paid for entirely or partially with a voucher is cancelled or returned, the corresponding amount will be refunded by crediting the same voucher. 

(2.7) The Right of Cancellation pursuant to § 7 applies to the purchase of a Gift Voucher. 

(3) Promotional Codes.

(3.1) Promotional Codes are vouchers that are issued free of charge by HOLY as part of promotional campaigns and cannot be purchased. They are only redeemable during the specified period, under the respective published conditions, and only once per order. 

(3.2) Certain products may be excluded from the voucher promotion. 

(3.3.) Only the conditions published by HOLY as part of the respective promotion shall be decisive (in particular, the period of validity, participating products, minimum order value). Information provided by third parties - especially by influencers, partners, or external platforms - is non-binding and has no legal effect. 

(3.4) If a Promotional Code is used in an order that is subsequently partially cancelled or returned, and this results in the fulfilment conditions for the voucher (e.g., minimum purchase value) no longer being met, HOLY reserves the right to subsequently charge the original price for the remaining ordered goods. 

(4) Value Vouchers. Value Vouchers may be issued out of goodwill (e.g., in the case of returns). Remaining balances are retained and can be redeemed in subsequent orders. 

(5) Product Vouchers. Product Vouchers entitle the holder to receive specific items free of charge. They can only be redeemed subject to the respectively stated conditions. 

(6) The duplication, manipulation, or commercial resale of vouchers is prohibited, unless HOLY has given written consent. In the event of suspected fraud, deception, or other misuse, HOLY reserves the right to block vouchers. HOLY assumes no liability for loss, theft, or unauthorised use.

§10 GIFT PROMOTIONS

(1) If orders are rewarded with a free item (e.g., shaker, merchandise), the entitlement to the gift depends on the specified minimum purchase value.

(2) Gift promotions may be time-limited or subject to the availability of the products. There is no entitlement to specific gift items. The respectively stated conditions of the gift promotion apply. 

(3) If a return or cancellation results in the net order value falling below the minimum purchase threshold applicable to the gift, the gift must be returned to HOLY before any refund is processed. Where the gift is not returned, HOLY reserves the right to deduct the retail value of the unreturned gift from any refund due to you.

§11 CUSTOMER ACCOUNT

(1) Customers may set up an account. Complete and accurate information must be provided; changes must be updated immediately. 

(2) Only one customer account may exist per person. We may delete multiple accounts. 

(3) The customer account can be terminated by you or by us with immediate effect at any time.

(4) The Terms of Participation for the Rewards Programme, available in the shop, shall apply in addition to the use of the Rewards Programme.

§12 WARRANTY AND TRANSIT DAMAGE

(1) In particular, under the Consumer Rights Act 2015, you have a 30-day right to reject goods that are faulty, not as described, or unfit for purpose and receive a full refund. After this period and within six (6) months of delivery, you are entitled to a repair or replacement in the first instance.

(2) Obvious transit damage should be reported to the delivery agent immediately upon receipt and reported to us. Failure to do so does not affect your statutory claims.

§13 LIABILITY

(1) Nothing in these GTC shall limit or exclude HOLY's liability for:

1. death or personal injury caused by HOLY's negligence;
2. fraud or fraudulent misrepresentation;
3. defective products under the Consumer Protection Act 1987; or
4. Any other matter for which liability cannot be limited or excluded under applicable UK law, including under the Consumer Rights Act 2015.

(2) Subject to §13(1), HOLY shall not be liable for any indirect or consequential losses arising out of or in connection with a contract concluded under these GTC, including loss of profit, loss of data, or loss of business opportunity.

 

(3) Subject to §13(1), HOLY's total liability for direct losses arising under or in connection with a contract concluded under these GTC shall not exceed the purchase price paid by you for the goods in question.

(4) The limitations of liability set out in this §13 apply equally for the benefit of HOLY's officers, employees, and agents.

§14 COPYRIGHTS

(1) We hold the copyrights to all images, films, and texts published in our online shop. The use of the images, films, and texts is not permitted without our express consent. We will take legal action against infringements.

§15 DISPUTE RESOLUTION AND JURISDICTION

(1) Before initiating legal action, we will endeavour to reach an amicable settlement; however, HOLY is neither willing nor obliged to participate in a formal dispute resolution procedure before a consumer arbitration board. As we are obliged to inform you of available ADR options, please find further information on dispute resolution in the UK at RetailADR: www.retailadr.org.uk. 

(2) Insofar as you had your domicile or habitual residence in the United Kingdom at the time the contract was concluded and have relocated it abroad after the conclusion of the contract, or your domicile or habitual residence is unknown at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of HOLY Softdrinks Ltd in London.

§16 DATA PROTECTION

(1) Our Privacy Policy applies, available at https://uk.holy.com/pages/data-protection.

§17 FINAL PROVISIONS

(1) The law of England and Wales shall apply to these GTC and to any contract concluded under them, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection rights applicable in your country of residence shall remain unaffected.

(2) Should individual provisions of these GTC be or become invalid or unenforceable, the remaining provisions shall continue in full force and effect. The same applies to any regulatory gaps. Any changes and additions to these GTC, including this provision, shall require written form (including email) to be effective.