The terms and conditions (Terms) will apply to any contract between us for the sale of any products (Products) listed on our website to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site.
Please note that by ordering any of our Products, you agree to be bound by these Terms and any other documents expressly referred to in them.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 12 February 2013.
These Terms, and any Contract between us, are only in the English language.
Any reference in these terms to “consumer” refers to means any natural person who is purchasing the Products for purposes which are outside his business.
1. Information about us
1.1 We operate the website hambletonbrewery.co.uk (Site). We are Hambleton Brewery LTD, a limited company registered in England and Wales under number 11821466 and with our registered office at The Brewery, Melmerby Green Road, Melmerby, North Yorkshire, HG4 5NB. Our VAT number is 545 5855 14.
1.2 To contact us please see our Contact Us page: https://hambletonbrewery.co.uk/story#contact
2. Our products
2.1 Although we have made every effort to be as accurate as possible, due to the manufacturing process and nature of the Products, any Products indicated on our Site or on the label as having an alcohol strength not exceeding 5.5% volume have a 0.5% tolerance and any Products indicated on our Site or on the label as having an alcoholic strength exceeding 5.5% volume have a 1% tolerance.
2.2 The packaging of the Products may vary from that shown on images on our Site.
3. If you are a customer
This clause 3 only applies of you are a consumer.
3.1 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old. We are not allowed by law to supply the Products to you if you do not satisfy the age requirement. If you are underage, please do not attempt to order any Products through our Site.
3.2 As a consumer, you have legal rights in relation to Products that are defective or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
4. If you are a business customer
This clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products.
4.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and you acknowledge that you have not relied on any other statement, promise or representation made or given by or on behalf of the us.
5. How the contract is formed between you and us
5.1 You may place an order to purchase our Products on the Site by entering the details of the Products and quantities that you are interested in ordering in the box titled “Order/Enquiry”. You will submit the order by clicking “Submit” (Proposed Order).
5.2 After you place a Proposed Order, you will receive a telephone call (“Telephone Call”) from us within the next 48 hours during which we will confirm whether or not we have accepted your Proposed Order. Please note that all of the Products on our site are subject to availability and the Contract between us will only be formed when we confirm that we have accepted your Proposed Order during the Telephone Call.
5.3 If we are unable to supply you with a Product, for example because that Product is not in stock, no longer available, or if at any time we have reason to believe that you are not over 18 years of age, or because of an error in the price on our Site, we will inform you of this during the Telephone Call and we will not process your Proposed Order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6. Our right to vary these terms
6.1 We may revise these Terms from time to time including but not limited to ensure compliance with relevant laws and regulatory requirement.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
7. Exclusion of your consumer right of return and refund
7.1 You agree and acknowledge that the legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to the Contract for the supply of the Products to the extent that they are perishable goods and the right to cancel is excluded by Section 6 of the Consumer Protection (Distance Selling) Regulations 2000. This does not affect any other statutory rights that you may have as a consumer.
7.2 As a consumer, you will always have legal rights in relation to Products that are defective or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8. Delivery
8.1 Your Proposed Order will be fulfilled by the estimated delivery date provided to you during the Telephone Call, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when we deliver the Products to a person aged 18 years or over (Appropriate Person) at the address you gave us when placing the Proposed Order or, if different, the address that you gave to us during the Telephone Call (“Delivery”).
8.3 If there is no Appropriate Person available at your address to take delivery, we will leave you a note to the effect that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
8.4 The Products will be your responsibility from the completion of Delivery.
8.5 You own the Products once we have received payment in full, cleared funds, including all applicable delivery charges.
9. International delivery
9.1 We deliver to any country outside the United Kingdom which we notify you during the Telephone Call or in a subsequent telephone call that we are prepared and legally able to deliver the Products to (International Delivery Destinations).
9.2 If you order Products from our Site for delivery to one of the International Delivery Destinations, your Proposed Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes as well as all shipping and transport costs. Please contact your local customs office for further information before placing your Proposed Order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10. Price of products and delivery prices
10.1 The prices of the Products will be as quoted on our Site and may vary from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.4 for what happens in this event.
10.2 Unless otherwise stated, the price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being and all delivery charges.
10.3 If the rate of VAT changes between the date of your Proposed Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you by telephone of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Proposed Order. We will not process your Proposed Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, or during the Telephone Call, we will treat the Proposed Order as cancelled and notify you in writing by email. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. How to pay
11.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa Delta, Visa Electron, MasterCard and Maestro. We do not accept American Express.
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your Proposed Order.
12. Our warranty for the products
12.1 We warrant that on Delivery and for a period of 1 month from Delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
(a) wilful damage, negligence or abnormal storage conditions by you or by any third party;
(b) if you fail to use the Products in accordance with the user instructions;
(c) any alteration, mixing or dilution of the Products by you or by a third party; or
(d) the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
12.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13. Our liability if you are a business
13.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
13.2 Subject to clause 13.11, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss of goodwill; or
(e) any indirect or consequential loss.
13.3 Subject to clause 13.11 and clause 13.22, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed three times the price of the Contract to which the liability relates.
13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. Our liability if you are a consumer
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15. Events outside of our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including but not limited to any of the following:
(a) Acts of God, flood, earthquake, windstorm or other natural disaster;
(b) epidemic or pandemic;
(c) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(d) terrorist attack, civil war, civil commotion or riots;
(e) nuclear, chemical or biological contamination or sonic boom; (f) any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;
(g) fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or accidental damage;
(h) loss at sea;
(i) extreme adverse weather conditions;
(j) interruption or failure of utility service, including but not limited to electric power, gas or water;
(k) any labour dispute, including but not limited to strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as such party);
(l) non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and
(m) collapse of building structures, failure of plant machinery, machinery, computers or vehicles.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. Communications between us
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer and wish to contact us in writing for any reason, you can send this to us by e-mail to office@hambletonbrewery.co.uk or by pre-paid post to Hambleton Ales LLP at The Brewery, Melmerby Green Road, Melmerby, North Yorkshire, HG4 5NB.
16.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Proposed Order or during the Telephone Call.
16.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent provided that e-mail is not recalled and/or no message of non-delivery is received by you, 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 and not recalled, and no message of non- delivery was received by the sender). The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
