Terms and Conditions of use
Legal Notice
Sale of alcohol to any persons under 18 years of age is illegal and will not be permitted!
1. Application
1.1 The sale of all Items on this Site is between You and Otley Brewing Co Ltd. Payment of the whole of the Price for the Items You order must be received before Your order shall be deemed ready for acceptance.
1.2 Your use of the Site is set out in the Legal Notice. If You do not wish to enter into a binding legal Contract then You must not proceed any further with Your order.
1.3 Acceptance of Your order shall be by way of an email sent to You by Otley Brewing Co Ltd to the email address You provide on the Order Form. Otley Brewing Co Ltd’s acceptance of Your order has the affect of bringing into existence a legally binding contract between You and Otley Brewing Co Ltd.
2. Definitions
In these terms:
2.1 ‘Items’ means any object displayed on the Site for sale.
2.2 ‘Supplier’ means the seller of an Item for resale.
2.3 ‘Contract’ means the electronic on-line contract generated by the Supplier’s acceptance as notified by Otley Brewing Co Ltd’s acceptance to You of Your offer to purchase the Items.
2.4 ‘Order Form’ means the order form published on the Site
2.5 ‘You’ and ‘Your’ mean the person ordering the Items under these Terms as identified on the Order Form.
2.6 “Otley Brewing Co Ltd” means Otley Brewing Co Ltd (“we” or “us” or “our”).
2.7 ‘Site’ means Otley Brewing Co Ltd’s web site www.realbeerbox.com
3. When the contract is formed
3.1 On the Order Form You are required to give details of Your credit card for payment of the price as set out in the Order Form. The details are held according to the Privacy Policy.
3.2 Once the credit card payment has been processed and, the full payment for the Items received, then Otley Brewing Co Ltd will send You email confirmation of Your order by way of acceptance to the email address You have provided in Your Order Form.
3.3 Your order will not be accepted if the Items are no longer available for sale or the credit card payment is not authorised or payment is not received.
3.4 We use a secure server that implements Secure Server Technology to prevent any person from gaining access to Your credit card or registration information which is on our site or being transmitted across the internet. If You discover that goods or services have been ordered using Your credit card details in circumstances where You have not authorised this then You should immediately notify us as well as Your card provider in accordance with its reporting rules and procedures.
4. The price
4.1 The Price payable for the Items that You order is as set out on the Site and as detailed on the Order Form
4.2 The Price includes Value Added Tax (if applicable) The delivery charges are set out in the Site and You should note that it might not be possible for delivery to be made to some locations. Further, an additional charge for special delivery or to certain locations may be payable as notified on the Site.
4.3 All payments must be made in pounds Sterling.
4.4 VAT is charged at the current rate.
4.5 Otley Brewing Co Ltd. reserves the right to change the prices at any time without notice.
5. Delivery
5.1 We are pleased to be able to offer our customers a next day delivery service. For a next day delivery service orders must be placed no later than 12pm (i.e. if an order is placed on a wednesday before 12pm - the order will arrive at the destination between 9am-5pm the next day - Thursday. If your order is of an urgent nature and it is past the deadline for the next day delivery, please call us on 01443 400098, we will be happy to make our best efforts to help.
5.2 Upon delivery if any goods are damaged, Otley Brewing Co Ltd. requires that the shipment be refused for delivery. Please contact Otley Brewing Co Ltd immediately 01443 400098. Once goods are accepted for delivery you the customer has accepted that the goods are “in good condition”.
5.3 Goods that are requested to be left at a location without a signature are left at solely the customer’s own risk.
5.4 Goods lost or damages will be replaced free of charge provided we have the item(s) in stock, if the item(s) are out of stock we shall recommend a suitable replacement. The replacement order will be dispatched as soon as possible.
5.5 Carriage charges incurred by Otley Brewing Co Ltd. are non-refundable if all attempts for delivery have failed. If a customer requests re-delivery after our initial attempts to deliver all additional carriage costs are charged at cost.
5.6 Returning goods - If you are not satisfied with the goods in any way please contact Otley Brewing Co Ltd. 01443 400098. All goods must be returned intact no later than 5 working days from delivery. Any carriage cost is the responsibility of the customer.
5.7 Otley Brewing Co Ltd. accepts no responsibility for failure of delivery due to circumstances beyond our control.
6. Availability
6.1 We reserve the right to cancel the Contract between us if the Items are no longer available for sale by the Supplier or one or more of the Items was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our Suppliers.
6.2 If we do cancel Your Contract we will notify You by email and will re-credit to Your account any sum deducted by us from Your credit card as soon as possible, but in any event within 30 days of Your order. we will not be obliged to offer any additional compensation for disappointment suffered.
7. Colour accuracy
7.1 We have made every effort to display as accurately as possible the colours of the Items that appear on the Site. However, as the actual colours You see will depend upon Your monitor, we cannot guarantee that Your monitor’s display of any colour will be accurate.
8. Copyright and moral right
8.1 The copyright in each Item created by its artist, author or creator shall remain with such artist, author or creator and any reproduction of the Items shall require the specific written consent of the same.
8.2 Unless otherwise stated in writing, in respect of each Items the moral right of the artist, author or creator to assert his or her rights under Section 77 Copyright Designs and Patents Act 1988 to be identified as the originator of the Items whenever published in public or as otherwise displayed is asserted.
9. Liability of Otley Brewing Co Ltd and/or the supplier
9.1 If the Items are or Item is delivered damaged or defective then we will not have any liability to You unless You notify us in writing by email of the problem within 2 working days of the delivery of the Items. This does not affect Your rights of cancellation as set out above.
9.2 If You do not receive the Items ordered by You within 25 working days of the date on which You ordered the same, we shall have no liability to You unless You notify us in writing by email of the situation within 30 working days of the date on which You ordered the Items. If so notified, the Supplier’s only obligation will be to refund to You the amount paid by You for the Items.
9.3 Otley Brewing Co Ltd will not be liable to You for any indirect or consequential loss or damage arising out of any such occurrence and Otley Brewing Co Ltd shall have no liability to pay any money to You by way of compensation other than to refund to You the price paid where You are so entitled.
9.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Items from the Site. Certain National laws may prohibit the importation or exportation of certain of the Items to You. No representations are made by Otley Brewing Co Ltd as to this and no liability is accepted in respect of the export or import of the Items You purchase.
9.5 Notwithstanding the above, nothing in these Terms is intended to limit any rights You may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from our negligence.
10. Notices
10.1 Unless otherwise expressly stated in these Terms or agreed, all notices from You to us must be sent by email to us at info@realbeerbox.com and all notices from us to You will be displayed on the web Site from time to time or emailed to you directly.
11. Events beyond our control
11.1 We shall have no liability to You for any failure to deliver the Items You have ordered or any delay in doing so or for any damage or defect to Items delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, a breakdown of systems or network access, flood, fire, explosion or accident.
12. Invalidity
12.1 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to You) then enforceability of any other part of these conditions will not be affected.
13. Privacy and legal notice
13.1 You acknowledge and agree to be bound by the Terms of our Privacy Policy and the Legal Notice.
14. Third party rights
14.1 Except for our directors, employees or representatives, a person who is not a party to the Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. Governing law
15.1 The Contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have non-exclusive jurisdiction to resolve any disputes between us.
16. Entire agreement
16.1 These terms and conditions, together with our current web Site Prices, shipping and delivery details, contact details, Legal Notice and Privacy Policy, set out the whole of our agreement relating to the supply of the Items to You by us. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Items offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.