Purchase Terms and Conditions
Purchase Terms and Conditions
1. Information about us
We operate the website www.thebeerboutique.co.uk. We are The Beer Boutique Ltd, a privately held business with trading address
2. Availability and delivery
Our delivery options are outlined and kept up to date on the website at FAQ and Delivery Information (Delivery Information).
Deliveries in England and Wales which are not Local Deliveries
Deliveries to England and Wales addresses are carried out by a reputable courier company. There is a fixed charge per order. This charge is clearly displayed in the Delivery Information. It is also shown on the order before submitting it. The fixed charge means that the more Products you buy the cheaper the delivery cost per Product is. Unfortunately, we currently cannot accept orders to delivery addresses outside of England or Wales. While we cannot guarantee delivery times, we endeavour to have the large majority of goods delivered on the first business day following the order date, assuming the order was placed before 1pm on a business day. Because beer bottles can be fragile, orders cannot be left in unsecured places. Therefore you must provide a delivery address where Products can be accepted in person and signed for. If nobody is available to sign for the Products at the delivery address, a card will be left by the courier company to rearrange delivery.
3. Your status and age restriction
By placing an order through our site, you warrant that you are accessing our site from England or Wales and that you are 18 years old or over (we will not sell beer to anyone who is below the age of 18, even if they are buying beer as a gift for someone else.). We also require that someone at least 18 years old will be able to sign for the goods.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy a Product. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed once we dispatch the Products.
4.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
5. Consumer rights
If you are contracting as a consumer (rather than other business), you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. To cancel a Contract, you must inform us in writing. In this case, you will receive a full refund of the price paid for the Products, provided all of the Products are returned to us unopened and intact. We will process the refund within 30 days of the day on which you gave us notice of cancellation. However, you will be responsible for the cost of returning the Products to us. You have a legal obligation to take reasonable care of the Products while they are in your possession.
6. Price and payment
6.1 The price of the Products and our delivery charges will be as quoted on our site and includes VAT. Product prices and delivery charges are liable to change at any time.
6.2 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
6.3 Payment for all Products must be by credit or debit card. We accept payment using the following cards: mastercard, maestro, visa, visa electron, jcb and American Express. We will not charge your credit or debit card until we dispatch your order.
7. Damaged Products
7.1 If the courier delivers the goods and at the time of delivery they are damaged (for example one or more bottles is broken) they should not be accepted and signed for. You should notify us that the order arrived but the goods were damaged and refused. We will then arrange for replacements to be sent as soon as possible or, if you prefer, a full refund.
7.2 Once goods are accepted and signed for, we can no longer accept responsibility for them.
7.3 We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
8. Our liability
8.1 Nothing in this agreement excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
8.2 Subject to clause 8.3, if we fail to comply with these terms and conditions, we shall be liable to you for the losses and damages that you suffer as a direct result of our failure to comply with this agreement where such losses or damages are (a) a foreseeable result of our failure, (b) were caused by us (and not our suppliers or other third parties) and (c) and do not relate to businesses (or other non-consumers).
8.3 Subject to clause 8.1 above, we will not be liable for loss or damage caused by handling of the Products (including but not limited to bottle and glass breakages and spillages).
9.1 Depending on the size of the delivery, packages containing bottles may be heavy. Therefore, take extra care when lifting bottles and boxes.
9.2 Also please take extra care when opening beer bottles, as they can be volatile due to built-up gases. Every care is taken during packing and transport of the goods to disturb them as little as possible. However it is fairly common for quality beer bottles to foam excessively when first opened. While this can be due to excessive movement during transport, it can also be due to further fermentation in the bottle, common with many fine beers (“bottle conditioned” beers). We generally advise customers to leave beer bottles standing in a cool place away from direct sunlight for at least a few hours before consumption.
9.3 Alcohol should be consumed in moderation.
10. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Beer Boutique Ltd at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12.1 We will not be liable or responsible for any failure or delay in delivering the Products if such failure or delay was caused by circumstances beyond our control such as riot, war, malicious damage, compliance with laws or regulatory obligations fire, flood, storm or other Act of God, impossibility of the use of railways or other means of public or private transport or failure of ISP or telecommunications providers in connection with performance of this Agreement.
12.2 We may change or add to these terms and conditions from time to time (eg to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities), however we will not use this right to change any offers which may apply to you.
12.3 If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.4 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
12.5 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts will be subject to the exclusive jurisdiction of the courts of England and Wales.
12.6 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.