ALCODIGITAL LIMITED – TERMS OF BUSINESS
IMPORTANT INFORMATION
Please read these Terms of Business carefully before placing an order with AlcoDigital Limited.
These Terms of Business apply to the sale of products and the provision of services by AlcoDigital Limited through its website, by telephone, email or other means, except where we have expressly agreed different written terms with a business customer.
Nothing in these Terms limits or excludes any legal rights that cannot lawfully be limited or excluded, including the statutory rights of consumers under applicable UK consumer legislation.
1. ABOUT US
These Terms are provided by:
AlcoDigital Limited
Company number: 03915899
VAT number: 862 8871 78
EORI number: GB 862 887178 000
Trading address:
Danhill Estate
Coolham Road
West Chiltington
West Sussex
RH20 2LH
United Kingdom
Customer service: customerservice@alcodigital.co.uk
Telephone: 0208 454 7372
In these Terms, “AlcoDigital”, “we”, “us” or “our” means AlcoDigital Limited.
“Customer”, “you” or “your” means the person or organisation purchasing products or services from us.
2. SCOPE OF THESE TERMS
2.1 These Terms apply to all orders placed with AlcoDigital unless we have agreed separate written contractual terms with you.
2.2 Where you are purchasing wholly or mainly for purposes relating to your trade, business, craft or profession, you are a business customer.
2.3 Where you are purchasing as an individual wholly or mainly for purposes outside your trade, business, craft or profession, you are a consumer.
2.4 If you are a business customer and we have agreed a written quotation, framework agreement, service agreement or other contract with you, that agreement will take precedence over these Terms to the extent of any inconsistency.
2.5 Nothing in these Terms is intended to restrict or exclude any consumer right or protection that cannot lawfully be restricted or excluded.
3. PRODUCT INFORMATION
3.1 We take reasonable care to ensure that product descriptions, photographs,
specifications, prices and other information displayed on our website are accurate and current.
3.2 Product photographs are for illustrative purposes. The actual product supplied may differ slightly in appearance, packaging or presentation where this does not materially affect its functionality or performance.
3.3 Manufacturers may change product specifications, software, firmware, packaging or components from time to time. Where a change does not materially affect the functionality of the product ordered, we may supply the updated version.
3.4 Nothing in these Terms excludes liability for information that we are legally required to provide accurately or for misleading information that cannot lawfully be excluded.
3.5 Certain products may require calibration, maintenance, replacement consumables or other periodic servicing. Where applicable, these requirements will be identified in the product documentation or quotation.
4. ALCOHOL TESTING EQUIPMENT – IMPORTANT SAFETY INFORMATION
4.1 Alcohol testing equipment supplied by AlcoDigital is designed to provide an indication or measurement of alcohol concentration in accordance with the specification of the particular product.
4.2 Unless expressly stated otherwise in writing, a personal alcohol testing device is not a substitute for professional, evidential or legally prescribed testing equipment or procedures.
4.3 Alcohol concentration and its effects vary between individuals and may be affected by factors including, but not limited to:
- the quantity and type of alcohol consumed;
- the time over which alcohol was consumed;
- the timing of the test;
- food consumption;
- individual metabolism;
- medication or other substances;
- health and physiological factors; and
- the accuracy, condition and correct use of the testing equipment.
4.4 A test result must not be treated as confirmation that a person is safe, fit or legally permitted to drive, operate machinery, operate a vessel or aircraft, undertake safety-critical work or carry out any other activity where alcohol may affect their ability to do so.
4.5 If there is any doubt about whether alcohol may affect a person's ability to drive, work or undertake any activity, the person should not undertake that activity.
4.6 Users must follow the manufacturer’s instructions and any applicable guidance concerning the operation, storage, maintenance, calibration and use of the equipment.
4.7 AlcoDigital does not encourage or condone irresponsible consumption of alcohol.
4.8 No alcohol testing device can guarantee that a person is free from alcohol or unaffected by alcohol. Users remain responsible for their own decisions and must comply with applicable laws and safety requirements.
4.9 Where equipment is supplied for workplace, fleet, transport, enforcement, occupational health or other safety-critical purposes, the Customer is responsible for ensuring that an appropriate testing policy, procedure and escalation process is in place.
4.10 Where a test result may have employment, disciplinary, regulatory, legal or other significant consequences, the Customer should use an appropriate testing procedure and, where required, confirm a screening result using an appropriate evidential or laboratory method.
5. ORDERS AND CONTRACT FORMATION
5.1 An order placed by you constitutes an offer to purchase the relevant products or services.
5.2 A contract is formed when we accept your order by confirming the order, dispatching the goods, commencing the relevant service or otherwise expressly confirming acceptance.
5.3 We reserve the right to decline an order where:
the product is unavailable;
there has been an obvious pricing or description error;
we are unable to obtain payment or satisfactory payment assurance;
we reasonably believe the order has been placed fraudulently;
delivery cannot reasonably be made to the requested location; or
there is another legitimate commercial or legal reason preventing us from fulfilling the order.
5.4 If we are unable to fulfil an accepted order, we will notify you and, where appropriate, offer an alternative product or service or provide a refund of any amount already paid for the unavailable item.
5.5 For business customers, an order may also be subject to our acceptance of the Customer’s credit status and any agreed credit limit.
6. PRICES
6.1 Prices displayed on our website are those applicable at the time the order is placed unless otherwise stated.
6.2 Unless expressly stated otherwise, prices include VAT where VAT is applicable.
6.3 Delivery, express delivery, installation, calibration, servicing and other additional charges will be identified separately where applicable.
6.4 We reserve the right to correct obvious pricing errors before dispatch. If an obvious pricing error affects your order, we will contact you and give you the option to proceed at the correct price or cancel the order.
6.5 For business customers, prices quoted may be subject to the terms and validity period stated in the quotation.
7. PAYMENT
7.1 Payment must be made using the payment method offered at the time of ordering unless we have agreed credit terms with you in writing.
7.2 Where credit terms have been agreed, invoices must be paid within the period stated on the invoice.
7.3 We reserve the right to suspend further deliveries or services where a business customer’s account is overdue.
7.4 We may charge interest and recover reasonable costs of recovery from business customers to the extent permitted by applicable law, including under the Late Payment of Commercial Debts legislation where applicable.
7.5 Title to goods supplied to a business customer will remain with AlcoDigital until we have received payment in full for those goods and, where applicable, all other sums properly due from the Customer under the relevant contract.
8. DELIVERY
8.1 We aim to dispatch orders on the next working day following receipt of an order and cleared payment.
8.2 Unless otherwise agreed, we will endeavour to dispatch all orders within 7 working days.
8.3 Delivery times are estimates unless we have expressly agreed a specific delivery date or period.
8.4 We will notify you, where practical, when your order has been dispatched.
8.5 Delivery times may be affected by circumstances outside our reasonable control, including carrier delays, industrial action, adverse weather, customs delays or other events described under clause 20.
8.6 For consumer purchases, nothing in these Terms limits your statutory rights concerning delivery.
8.7 Risk in goods supplied to a consumer passes to the consumer when the goods come into the physical possession of the consumer or a person identified by the consumer to take possession of them, other than a carrier.
8.8 For business customers, risk passes on delivery to the Customer or its nominated carrier, unless otherwise agreed in writing.
8.9 Where the Customer selects an untracked or non-secure delivery method, we will not be responsible for loss occurring after the point at which risk has lawfully passed to the Customer.
9. INTERNATIONAL ORDERS
9.1 International orders may be subject to customs duties, import taxes, clearance charges and other fees imposed by the destination country.
9.2 Unless expressly stated otherwise, these charges are the responsibility of the Customer.
9.3 The Customer is responsible for providing accurate delivery, customs and import information and for complying with applicable import requirements.
9.4 Tax-free exports may be available in appropriate circumstances and will be considered on an order-by-order basis.
9.5 Customers requiring tax-free export arrangements should contact us before placing an order where possible.
9.6 We cannot guarantee that a product will be permitted for import or use in every country. The Customer is responsible for checking local regulatory requirements before ordering.
10. CONSUMER CANCELLATION RIGHTS
10.1 This clause applies only where you are a consumer and have entered into a distance contract or other contract to which statutory cancellation rights apply.
10.2 Subject to applicable statutory exceptions, consumers generally have the right to cancel a distance contract for goods within 14 days from the day after the goods come into the consumer’s physical possession.
10.3 You do not have to give a reason for exercising a statutory cancellation right.
10.4 You may cancel by sending us a clear statement of your decision to cancel. You may contact us using the details provided in these Terms.
10.5 Where the law provides an exception to the statutory cancellation right, the cancellation right may not apply. This can include certain goods that are sealed for health protection or hygiene reasons where the seal has been broken after delivery.
10.6 Where a consumer validly cancels an order, the consumer must normally return the goods to us without undue delay and, unless we have agreed otherwise or the goods are faulty, will normally be responsible for the direct cost of returning the goods.
10.7 The consumer may be responsible for any diminished value of goods resulting from handling beyond what is reasonably necessary to establish their nature, characteristics and functioning.
10.8 Where a consumer validly exercises the statutory cancellation right, we will reimburse payments due in accordance with applicable law.
10.9 Where permitted by law, we may withhold reimbursement until we have received the goods back or the consumer provides evidence that the goods have been returned.
10.10 Where the consumer expressly requested an enhanced or premium delivery service costing more than the least expensive standard delivery option offered, we are not required to reimburse the additional cost above the standard delivery charge.
10.11 These provisions do not affect any separate statutory rights that a consumer may have in relation to faulty, misdescribed or otherwise non-conforming goods.
11. RETURNS AND HYGIENE PRODUCTS
11.1 Certain products supplied by AlcoDigital may be intended for personal use or contact with the mouth and may therefore be subject to statutory hygiene-related cancellation exceptions.
11.2 Where goods are sealed for health protection or hygiene reasons, a consumer may lose the statutory cancellation right if the goods are unsealed after delivery where the applicable legal exception applies.
11.3 This does not affect a consumer’s statutory rights where goods are faulty, defective, misdescribed or otherwise fail to comply with applicable consumer law.
11.4 Goods returned under a valid cancellation right should be adequately packaged to prevent damage in transit.
11.5 We do not impose a general repacking fee on consumers exercising statutory cancellation rights where such a charge would be unlawful.
11.6 Any reasonable charge applicable to business customers for repacking, restocking or handling will be stated in the relevant quotation or contract where applicable.
12. FAULTY, DAMAGED OR INCORRECT GOODS
12.1 All goods are checked or supplied in accordance with the manufacturer’s service and quality requirements before dispatch, where applicable.
12.2 If goods arrive damaged, are faulty, or you receive an incorrect product, please notify us as soon as reasonably practicable.
12.3 For business customers, we may issue a Return Merchandise Authorisation (RMA) number and provide instructions for returning the goods.
12.4 Goods returned to us should, where reasonably possible, include the original packaging, accessories and documentation.
12.5 We will assess returned goods and, where appropriate, repair, replace or refund them in accordance with the applicable contractual and statutory rights.
12.6 Nothing in these Terms restricts a consumer’s statutory rights under the Consumer Rights Act 2015, including rights relating to satisfactory quality, fitness for purpose, conformity with description, repair, replacement, price reduction and rejection where applicable.
13. MANUFACTURER WARRANTY
13.1 Unless otherwise stated, products supplied by AlcoDigital are covered by the manufacturer’s warranty for 12 months from the date of purchase.
13.2 The manufacturer’s warranty is in addition to, and does not replace, any statutory rights applicable to consumers.
13.3 Warranty terms may vary between manufacturers and products.
13.4 The warranty does not normally cover damage resulting from:
- misuse;
- accidental damage;
- unauthorised modification;
- incorrect storage;
- failure to follow operating instructions;
- use outside the manufacturer’s specified conditions;
- contamination;
- damage caused by unsuitable substances;
- unauthorised repair; or
- failure to maintain or calibrate the equipment where required.
13.5 Sensor damage can occur where equipment is used contrary to the manufacturer’s instructions.
13.6 Where a warranty claim is made, we may require the product to be returned for inspection.
13.7 Where a defect is confirmed, the available remedy will depend upon the applicable manufacturer’s warranty and, for consumers, the statutory rights applicable to the purchase.
14. CALIBRATION AND SERVICING
14.1 Certain breath-testing equipment requires periodic calibration to maintain
performance in accordance with the manufacturer’s specification.
14.2 Calibration is a technical service and may involve testing, adjustment, certification and/or replacement of components depending upon the product.
14.3 Once calibration or servicing work has commenced, cancellation rights relating specifically to the service may be affected where permitted by law.
14.4 Where a consumer expressly requests that a service commence during a statutory cancellation period, the consumer may be required to pay for the proportion of the service already supplied before cancellation, where permitted by law.
14.5 A calibration service does not constitute a guarantee that a unit will subsequently pass every calibration test.
14.6 If a unit fails calibration because of an underlying defect, the available remedy will depend on the cause of the failure, the applicable warranty and the Customer’s statutory or contractual rights.
14.7 Where calibration cannot be completed because the equipment is damaged, contaminated, defective or otherwise unsuitable for calibration, we will contact the Customer where reasonably practicable and advise of any further work or charges required.
15. CUSTOMER RESPONSIBILITIES
15.1 The Customer is responsible for:
- using equipment in accordance with the manufacturer’s instructions;
- ensuring users are appropriately trained where necessary;
- maintaining equipment as required;
- arranging calibration where applicable;
- storing equipment appropriately;
- using appropriate consumables and accessories;
- ensuring equipment is used only for its intended purpose; and
- complying with all applicable laws, regulations and workplace requirements.
15.2 Customers using equipment for employment, fleet, transport or safety-critical purposes are responsible for establishing suitable policies and procedures governing testing and the interpretation and escalation of results.
15.3 AlcoDigital does not provide legal, employment, medical or regulatory advice unless expressly agreed as part of a separate service.
16. LIMITATION OF LIABILITY
16.1 Nothing in these Terms excludes or limits liability which cannot lawfully be excluded or limited.
16.2 In particular, nothing in these Terms excludes or limits liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- breach of statutory rights that cannot lawfully be excluded;
- defective products to the extent liability cannot lawfully be excluded; or
- any other liability which applicable law does not permit us to exclude or limit.
16.3 Subject to clause, we will not be liable for loss arising from a Customer’s decision to drive, operate machinery, operate a vessel or aircraft, undertake safety-critical work or perform another activity based solely on an alcohol test result.
16.4 To the fullest extent permitted by law, AlcoDigital is not responsible for consequences arising from:
- failure to follow the manufacturer's instructions;
- incorrect use of equipment;
- use of equipment outside its intended purpose;
- failure to maintain or calibrate equipment where required;
- use of equipment after a known fault;
- reliance on a screening result without following an appropriate confirmation procedure where one is required;
- decisions made by a Customer or third party concerning fitness to drive or work; or
- circumstances outside AlcoDigital’s reasonable control.
16.5 For business customers only, and subject always to clauses 16.1 and 16.2, AlcoDigital’s total aggregate liability arising out of or in connection with a contract will not exceed the total amount paid or payable by the Customer under that contract during the 12 months preceding the event giving rise to the claim.
16.6 For business customers, we will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or loss of opportunity, except to the extent such loss cannot lawfully be excluded.
16.7 Nothing in this clause affects any statutory consumer protection.
Any limitation of liability in a business contract is subject to applicable statutory requirements, including the requirement that certain exclusions or limitations be reasonable.
17. ALCOHOL TEST RESULTS AND DECISION-MAKING
17.1 An alcohol test result is a measurement or indication generated by the equipment under the conditions in which the test was performed.
17.2 A result should not automatically be treated as proof that an individual is legally over or under a particular alcohol limit unless the equipment, testing procedure and applicable law expressly support that conclusion.
17.3 Different jurisdictions and activities may be subject to different alcohol limits and testing requirements.
17.4 The Customer is responsible for ensuring that any testing programme complies with the laws, policies and procedures applicable to its particular use.
17.5 Where testing forms part of an employment or disciplinary process, Customers should ensure that their testing procedures, policies and evidential requirements are appropriate for that purpose.
18. DATA PROTECTION AND PRIVACY
18.1 We process personal data in accordance with applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018, as amended from time to time.
18.2 Where applicable, our processing will also take account of amendments introduced by the Data (Use and Access) Act 2025 and associated changes to UK data protection law.
18.3 Our Privacy Policy explains how we collect, use, store and protect personal information and how individuals may exercise their data protection rights.
18.4 Where AlcoDigital processes personal data on behalf of a business customer, the parties may be required to enter into appropriate data processing arrangements.
18.5 Customers remain responsible for ensuring that they have an appropriate lawful basis and, where required, an appropriate condition for processing any personal data they provide to us or process through our systems.
18.6 Where alcohol test results or other sensitive information are processed, Customers are responsible for ensuring that their use of such information complies with applicable data protection law.
18.7 Our privacy information is available through our website.
The UK GDPR continues to apply alongside the Data Protection Act 2018, with amendments made by the Data (Use and Access) Act. The ICO also confirms that organisations processing special category data must identify an appropriate condition for processing.
19. CONFIDENTIALITY
19.1 Each party will keep confidential any confidential information received from the other party in connection with a business contract.
19.2 Confidential information may be disclosed where required by law, regulation, court order or a competent authority.
19.3 This clause does not apply to information which:
- is publicly available other than through breach of confidentiality;
- was already lawfully known to the receiving party;
- is independently developed; or
- is lawfully obtained from a third party without confidentiality restrictions.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances beyond our reasonable control.
20.2 Such circumstances may include:
- natural disasters;
- severe weather;
- fire;
- flood;
- epidemic or pandemic;
- war or terrorism;
- civil unrest;
- industrial disputes;
- government restrictions;
- transport disruption;
- telecommunications or internet failures;
- cyber incidents affecting third-party infrastructure;
- supply-chain disruption;
- manufacturer shortages;
- customs delays; or
- failure of third-party service providers.
20.3 We will take reasonable steps to minimise the effects of such circumstances and will resume performance as soon as reasonably practicable.
21. COMPLAINTS
21.1 We aim to provide a high standard of customer service.
21.2 Complaints should be submitted by email to:
customerservice@alcodigital.co.uk
21.3 We aim to acknowledge and respond to complaints within 2 working days, where reasonably practicable.
21.4 Complaints will be handled fairly and, where appropriate, confidentially.
21.5 If you are a consumer, this complaints procedure does not affect your statutory rights or your right to pursue any other lawful remedy.
22. BUSINESS CUSTOMER TERMS
22.1 This section applies specifically to Customers purchasing in the course of business.
22.2 Unless expressly agreed otherwise, business customers do not have the statutory consumer cancellation rights described in clause 10.
22.3 Business customers should inspect goods promptly following delivery and notify us of any apparent shortage, damage or incorrect delivery as soon as reasonably practicable.
22.4 Any agreed credit account is subject to our credit approval procedures.
22.5 We may suspend credit facilities where invoices remain unpaid beyond the agreed payment terms.
22.6 Any project-specific service levels, response times, warranties or support arrangements must be expressly agreed in writing.
22.7 Where equipment is supplied as part of a wider workplace, fleet or safety-critical solution, the Customer remains responsible for its own operational policies, risk assessments, employment procedures and legal compliance.
23. TITLE TO GOODS – BUSINESS CUSTOMERS
23.1 Title to goods supplied to a business customer will remain with AlcoDigital until payment has been received in full for those goods.
23.2 Until title passes, the Customer must:
- keep the goods identifiable as our property where reasonably practicable;
- take reasonable care of the goods;
- not remove or alter identifying marks;
- maintain appropriate insurance where appropriate; and
- not create or permit any security interest over the goods.
23.3 Nothing in this clause affects the Customer’s right to use goods in the ordinary course of its business where payment is not overdue and the goods are not subject to a valid claim for return.
24. INTELLECTUAL PROPERTY
24.1 All intellectual property rights in our website, branding, documentation, software, content and materials remain the property of AlcoDigital or the relevant rights holder.
24.2 You may use documents supplied with a product for the normal operation and use of that product.
24.3 You must not reproduce, modify, distribute, sell or commercially exploit our proprietary materials without our prior written permission unless permitted by law.
25. WEBSITE INFORMATION
25.1 We make reasonable efforts to ensure that information published on our website is accurate and current.
25.2 However, we do not guarantee that all website content will always be complete, current or free from typographical or technical errors.
25.3 We reserve the right to amend website content, product information, availability and specifications.
25.4 Website information does not override the specific contractual terms applicable to an accepted order.
26. GENERAL
26.1 Severability. If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified or removed only to the extent necessary, and the remaining provisions will continue in force.
26.2 No waiver. A failure or delay by either party to exercise a right does not constitute a waiver of that right.
26.3 Entire agreement. For business customers, these Terms together with any applicable quotation, order confirmation and separately agreed written terms constitute the agreement between the parties concerning the relevant goods or services.
26.4 Third-party rights. Unless expressly stated otherwise, a person who is not a party to the contract has no right to enforce any term of the contract under the Contracts (Rights of Third Parties) Act 1999.
26.5 Assignment. A business customer may not transfer or assign its rights or obligations under a contract without our prior written consent, except where permitted by law.
26.6 Changes to these Terms. We may update these Terms from time to time. The version applicable to an order will normally be the version in force when the contract is formed, unless a change is required by law or expressly agreed otherwise.
27. GOVERNING LAW AND JURISDICTION
27.1 These Terms and any contract between AlcoDigital and a Customer are governed by the law of England and Wales, unless applicable mandatory law requires otherwise.
27.2 Where the Customer is a consumer, nothing in these Terms deprives the consumer of any mandatory rights or protections available under the law applicable to the consumer.
27.3 Subject to the above, the courts of England and Wales will have jurisdiction over disputes arising from these Terms or any contract with AlcoDigital.
28. CONTACT DETAILS
For orders, returns, complaints, calibration enquiries or general customer service enquiries:
AlcoDigital Limited
Danhill Estate
Coolham Road
West Chiltington
West Sussex
RH20 2LH
United Kingdom
Telephone: 0208 454 7372
Email: customerservice@alcodigital.co.uk
Website: breathalyzer.co.uk
29. CONSUMER CANCELLATION – MODEL NOTICE
A consumer may use the following wording to notify us of cancellation where a statutory cancellation right applies:
To: AlcoDigital Limited, Danhill Estate, Coolham Road, West Chiltington, West Sussex, RH20 2LH
Email: customerservice@alcodigital.co.uk
I/We hereby give notice that I/We cancel my/our contract for the sale of the following goods/services:
Order number: __________________________
Ordered on: _____________________________
Received on: ____________________________
Name of consumer: _______________________
Address: ________________________________
Signature (only if this notice is submitted on paper):
Date: ___________________________________
END OF TERMS