Terms and Conditions

DRINK STORE LIMITED

    1. THESE TERMS 

     

    1.1        These are the terms and conditions on which we supply products to you.

    1.2        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, 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 to discuss.

     

    1. INFORMATION ABOUT US AND HOW TO CONTACT US 

     

    2.1        We are Drink Store Limited a company registered in England and Wales. Our company registration number is 11788556 and our registered office is at 41 Great Portland Street, London W1W 7LA.

    2.2        You can contact us by telephoning our customer service team at 0203 872 1904 or by writing to us at support@BrewTapp.com.

    2.3        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.

    2.4        When we use the words “writing” or “written” in these terms, this includes emails.

     

    1. OUR CONTRACT WITH YOU 

     

    3.1        Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

    3.2        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 you have specified.

    3.3        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.

    3.4        Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

    3.5       We employ the industry standard Challenge 25 age verification process. This means that all deliveries must be signed for by someone at least 18 years of age. We, including our delivery agent, reserve the right to ask for customer identification to prove age in line with Challenge 25 and to refuse delivery to anyone we believe may be underage. Deliveries cannot be made to neighbouring addresses or left in “safe places”. More information about Challenge 25 can be found here.

     

    3.6       IMPORTANT INFORMATION: Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £1,000. To comply with licensing and other legislation the products on our website are only available to customers aged 18 years and over. If you are not aged 18 or above, we will not deliver any products. Products must be signed for at the delivery address by you or by your nominated representative. If your nominated representative is not aged 18 or above, the products will not be delivered.

     

    1. OUR PRODUCTS 

     

    4.1        The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.

    4.2        The packaging of the product may vary from that shown in images on our website.

     

    1. YOUR RIGHTS TO MAKE CHANGES 

     

    If you wish to make a change to the product you have ordered please contact us. 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 (see Clause 8 - Your rights to end the contract).

     

    1. OUR RIGHTS TO MAKE CHANGES 

     

    6.1        We may change the product:

    (a)        to reflect changes in relevant laws and regulatory requirements; and

    (b)        to implement minor improvements.

    6.2       We may change these terms at any time, so please do not assume that the same terms will apply to future orders/delivery requests. We reserve the right to:

    (a)        modify or withdraw, temporarily or permanently, our website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; or

    (b)        change these terms from time to time.

    6.3       You will be deemed to have accepted such changes if you continue to use our website (or any part of it) or you continue to place orders/delivery requests after any such changes.

    6.4       It is your responsibility to check regularly to determine whether these terms have been changed. If you do not agree to any change of these terms then you must immediately stop using our website.

     

    1. PROVIDING THE PRODUCTS 

     

    7.1        The costs of delivery will be as displayed to you on our website here.

    7.2        During the order process we will let you know when we will provide the products to you.

    7.3        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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

    7.4        If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Please note that a person under the age of 18 cannot take delivery of the products.

    7.5        If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we 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 10.2 will apply.

    7.6        You own a product which is goods once we have received payment in full.

     

    1. YOUR RIGHTS TO END THE CONTRACT 

     

    8.1        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:

    (a)        If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product replaced or to get some or all of your money back, see Clause 11;

    (b)        If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

    (c)        If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

    8.2        If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

    (a)        we have told you about an upcoming change to the product which you do not agree to (see Clause 6.1);

    (b)        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;

    (c)         there is a risk that supply of the products may be significantly delayed because of events outside our control;

    (d)        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

    (e)        you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 7.3).

    8.3        For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

    8.4        You do not have a right to change your mind in respect of products if:

    (a)        they are not in their original condition e.g. not kept in the original packaging and labels and are damaged and used; or

    (b)        they are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

    8.5        Under consumer laws in England, we must supply our goods to you as described, fit for purpose and they must be of satisfactory quality. If we supply services to you, then we must supply them with reasonable care and skill. During the expected lifespan of the product your legal rights under consumer laws in England entitle you to a refund or replacement if you have changed your mind about the product you have purchased then unless the product is faulty, you have 14 days to return it in its original condition e.g. kept in the original packaging and labels and is undamaged and unused.

     

    1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) 

     

    9.1        To end the contract with us, please let us know by doing one of the following:

    (a)        Phone or email. Call customer services on 0203 872 1904 or email us at support@BrewTapp.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

    (b)        Online. Complete the www.BrewTapp.com/contact on our website.

    9.2        If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. The returns policy will be as displayed to you on our website here.

    9.3        We will pay the costs of return:

    (a)        if the products are faulty or misdescribed;

    (b)        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; or

    In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

    9.4        If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

    9.5        We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

    9.6        If you are exercising your right to change your mind:

    (a)        We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

    (b)        The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

    9.7        We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

    (a)        If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

    (b)       In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

    1. OUR RIGHTS TO END THE CONTRACT 

     

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

    (a)        you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

    (b)        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, confirmation that you are 18 or over; or

    (c)         you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

    10.2      If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

    1. IF THERE IS A PROBLEM WITH THE PRODUCT 

     

    11.1      If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0203 872 1904 or write to us at support@BrewTapp.com or 41 Great Portland Street, London W1W 7LA.

    11.2      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.

    1. PRICE AND PAYMENT 

     

    12.1      The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.

    12.2      If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

    12.3      It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will 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 goods provided to you.

    12.4      We accept payment with most major credit and debit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

    12.5      If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

    12.6      If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

    1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

     

    13.1      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.

    13.2      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; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987

    13.3      We only supply the products 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 business, business interruption, or loss of business opportunity.

    1. HOW WE MAY USE YOUR PERSONAL INFORMATION 

     

    We will treat all of your personal data as confidential. We will keep it on a secure server and fully comply with all applicable privacy regulations and consumer legislation. We will only use your personal information as set out in our Privacy Policy here.

     

    1. OTHER IMPORTANT TERMS 

     

    15.1      We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

    15.2      You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

    15.3      This contract is between you and us. No other person shall have any rights to enforce any of its terms.

    15.4      Each of the paragraphs 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.

    15.5      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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

    15.6      These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

     

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