PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THEM
1. these terms
1.2 Who we are. Our website and the online shop are owned by Marston’s Beer Company Limited (a trading division of Carlsberg Marston’s Brewing Company Limited) with company number FC037407 whose registered office is at 22 Grenville Street, St Helier, Jersey, JE4 8PX. Our registered VAT number is GB 679 0058 12.
1.3 Our contact details. To contact us about these Terms, our website or to discuss an order or any problems you may be having, please use the following contact details.
Call us on – 01993 890800
Write to us at – firstname.lastname@example.org
Write to, or visit us at – Wychwood Brewery, Eagle Maltings, The Crofts, Witney, Oxfordshire, OX28 4DP
1.4 How we may contact you. 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 or at the time of placing an order.
1.5 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails unless we say otherwise.
2. your order and our contract with you
2.1 Age restrictions. Due to the nature of our products, we do not sell to anyone who is under 18 years old. By placing an order you warrant that you (and the recipient if you are buying products as a gift) are at least 18 years old. If our couriers are in any doubt about the age of the recipient on delivery, they reserve the right to refuse delivery and we may cancel the contract in accordance with clause 8 of these Terms.
2.2 Responsible Drinking. We promote responsible drinking at all times and it is not the intention of this website, or any promotion we may advertise on it, to in any way encourage the consumption of excessive amounts of alcohol. Please drink responsibly.
2.3 How we will accept your order. Acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between us. We will usually assign an order number to your order and it will help us if you can tell us the order number whenever you contact us about your order.
2.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the products. 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.
2.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from, or deliver to, addresses outside the mainland UK. Please refer to clause 5 of these Terms for further information on delivery.
3. our products
3.1 Products and packaging may vary slightly from their pictures. The images of the products and their packaging on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4. making changes to your order
4.1 If you wish to make a change to your order, please contact us using the Contact Details in clause 1.3. We will let you know if the change is possible and about any changes to the price, 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.
4.2 If we wish to make minor changes to the products or packaging, we may do so to reflect a change in law or regulatory requirements, such as labelling requirements or to implement minor technical adjustments and improvements.
4.3 More significant changes to the products and these terms. In the unlikely event we need to make significant changes to your order, such as the number of items or the product type, we will notify you first and if you do not agree with the proposed changes, you may end the contract and receive a full refund.
5. providing the products and best before dates
5.1 Delivery costs. All beer is sent via next day courier. The standard cost of express delivery is £9.50 per box of beer or £8.50 per box of merchandise. Standard delivery is sent via Royal Mail second class and can be calculated on our website. Due to the nature of our products, and cost of delivery, deliveries to the Scottish Highlands, Scottish Isles, Isle of Man, Isles of Scilly/Wight or Northern Ireland will attract a surcharge. Please contact for further information.
5.2 When we will provide the products. During the order process we will provide you with an estimated delivery date and deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. For your security, all deliveries must be signed for and please inspect them for breakages and report these to your courier. If you have asked to collect the products from our premises, please contact us using the Contact Details to arrange a time and location for collection.
5.3 We are not responsible for delays outside our control. If the supply of products is delayed by an event outside our control (such as an emergency) 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.
5.4 If you are not at home when the product is delivered. If no one is available at your delivery address to take delivery of the products, the courier may attempt to leave the products with a neighbour. If the products cannot be delivered, the courier will leave a calling card with a Customer Services telephone number for you to call in order to arrange re-delivery. The courier will usually only attempt to re-deliver the Products on one further occasion, after which a further delivery charge may become payable.
5.5 When you become responsible for, and own, the product. The product will be your responsibility from the time we deliver the product or you collect it from us. You own a product once we have received payment in full.
5.6 Best before date guarantee. We guarantee that on dispatch, unless otherwise stated (such as special promotions) bottled beers will have at least 6 months remaining before the expiry of the Best Before date and mini casks shall have at least 14 days.
5.7 What will happen if you do not give required information to us? Please ensure that you provide us with confirmation that you are at least 18 years old, a full delivery address and any other information we request from you so that we can supply the products (PO Box Numbers are not acceptable). We are not responsible for any incomplete, missing or incorrect information and we may make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late, or not supplying any part of them, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6. your rights to end the contract
6.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with the product or our services and when you decide to end the contract. You have the right to end the contract in the following circumstances:
(a) If what you have bought is faulty or misdescribed (or to get the product repaired or replaced), see clause 9 of these Terms for further information on your rights;
(b) If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract because we have told you about a change to the product, the pricing or to these Terms, or to delays or suspensions caused by events beyond our control, the contract will end immediately and we will refund you in full for any products which have not been provided.
(c) If you have changed your mind about the products, for most products bought online you have a right under the Consumer Contracts Regulations 2013 (“CCR”) to change your mind within 14 days after the day you (or someone else on your behalf) receives all of the products ordered (“cooling-off period”) and receive a refund.
(d) However, under the CCR, there is no right to change your mind where the products:
(i) are sealed and have been opened, for reasons of health and hygiene (such as bottled beer);
(ii) are personalised (such as an engraved beer glass); and
(iii) are liable to deteriorate or expire rapidly (such a short-dated products sold under a special promotion).
(e) In all other cases (if we are not at fault and there is no right to change your mind), you can still contact us before the products are dispatched and tell us you want to end the contract. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
7. how to end the contract with us (including if you have changed your mind)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by using any of the Contact Details. You may also email or post a completed cancellation form to us. A form is provided HERE for you to use.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting, such a glass bottles) allow us to collect them from you. If you are exercising your right to change your mind (see clause 6.1(c) to check if this right applies to you) you must send off the goods within 14 days of telling us you wish to end the contract.
7.3 The costs of return of the products. We will pay the costs of return if the products are faulty or misdescribed (see clause 6.1(a)) or 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 (see clause 6.1(b)). In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. If you are responsible for the costs of return and we are collecting the product from you, the costs of collection will be the same as our charges for standard delivery, see clause 5.1.
7.4 How we will refund you. 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 (excluding delivery costs) as described below. If you are exercising your right to change your mind, we may reduce your refund (or charge you) 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, such as damage to the products or broken packaging.
7.5 When your refund will be made. 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.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
8. our rights to end the contract
8.1 We may end the contract if you break it. 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;
(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, proof of age or correct delivery information; and
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 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.
8.3 We may withdraw the product. Given the nature of the products we supply, we may write to you to let you know that we are going to stop providing or producing a product. We always refund any sums you have paid in advance for products which will not be provided.
9. if there is a problem with the product
9.1 How to tell us about problems. If you have cause to complain about our product please contact us using the Contact Details. We will aim to respond to your enquiry as promptly as possible and usually [within 7 days]. If the customer service team cannot resolve your complaint, it will be escalated to the line manager responsible. Customer satisfaction is very important to us. We will try to resolve you complaint as quickly and efficiently as possible and will keep you informed as to progress.
9.2 Breakages. Every care is taken when packaging your order ready for transit. However, accidents do happen so please inspect all deliveries on receipt to make sure that they are intact. Please inform the courier of any breakages or shortages and contact us as soon as possible after delivery (no later than 3 working days) so that we can investigate.
9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using the Contact Details to arrange return or collection.
9.4 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. A summary appears below, but for more detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms will affect your legal rights.
Summary of key legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product (see clause 5.6 which deals with best before dates) subject to a few exceptions, you are entitled to the following:
• up to 30 days: if your item is faulty, then you can get a refund
• up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases
• up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back
10. price and payment
10.1 Where to find the price for the product. 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 product advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the product you order. 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.
10.2 What happens if we got the price wrong. 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 products correct price at your order date is higher than the price stated in our price list, 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.
10.3 When you must pay and how you must pay. We accept payment by most major credit and debit cards, including Visa, MasterCard, American Express, Visa Debit, Visa Electron, Maestro/Switch, and Solo. You must give us authority for payment at the time of placing an order. When inputting your payment details you will be directed to RBS Worldpay. All card holders are subject to validation checks and authorisation by the card issuer. You must pay for the products before we dispatch them.
10.4 We can charge interest if you pay late. If you do not make any payment to us by the due date or we are unable to take payment for any reason, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England 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.
10.5 What to do if you think an invoice is wrong. If you think an invoice, or price, is wrong please contact us promptly to let us know using the Contact Details. We will not charge you interest until we have resolved the issue.
11. our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are only 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. You have a duty to mitigate your losses in respect of any damage suffered. 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.
11.2 We are not liable for business losses. We only supply our products for domestic and private use. If you purchase our products for 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.
12. how we may use your personal information
12.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products and administer your order;
(b) to process your payment; and
(c) if you agreed to this during the order process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by contacting us.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing (which in this context shall not include email).
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 does not mean that you do not have to do those things or that we are prevented from 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 services, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the Booking in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Booking in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Booking in either the Northern Irish or the English courts.