Conditions of Use

Terms & Conditions

All sales by the company are on the basis of the following terms and conditions to the exclusion of any terms and conditions of the buyer and of any terms implied by the trade, custom or previous course of dealings. No variation of these terms and conditions will be valid unless stated in writing and signed by an authorised representative of each party. Any failure or delay by Drink Warehouse in enforcing or partially enforcing any part of the terms and conditions will not be construed as a waiver of any rights under this contract.

Definitions:

'Customer', 'You', 'Your' - The company / business / sole trader trading with Drink Warehouse, acting on behalf of the company / business/ sole trader

'Us', 'We', 'Our', 'Drink Warehouse/UK' - Drink Warehouse UK Ltd and its colleagues and employees

Placing an order:

By placing an order with Drink Warehouse (by any means), the Customer is offering to purchase the products from Drink Warehouse on the basis of these Terms and Conditions. The parties are bound by the Contract only when Drink Warehouse accepts to process the order or deliver the Products to the Customer whichever occurs earlier. The Contract is subject to availability of the stock. Products are subject to availability and market conditions. We may limit the quantities of goods supplied to any one customer. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. Abusive behaviour from Customer to Drink Warehouse staff will not be tolerated; Drink Warehouse reserves the right to refuse to sell to such Customer. Drink Warehouse reserves the right to refuse the acceptance of an order and/or to terminate any Customers trading account without explanation or notice. Unless individually agreed for particular deliveries, sales are not made on a sale or return basis. Drink Warehouse can refuse entry to anyone at any time at its sole discretion. Buying and/or parking on Drink Warehouse premises are done

Pricing:

Prices are subject to change without notice and all goods are invoiced at prices current at the date of invoice. Prices are exclusive of VAT which will be added to the invoice. Whilst every endeavour will be made to supply at the prices quoted by Drink Warehouse, we reserve the right to revise any prices at any time prior to delivery.

All special offers and pricing are subject to availability and at the discretion of Drink Warehouse and may be withdrawn at any time without notice.

Delivery

Delivery times and days are approximate only and whilst the company will endeavour to meet these times given, it shall not be liable for any loss or damage whatsoever arising out of late delivery, whatever the reason for delay. Drink Warehouse are unable to guarantee any timed deliveries.

On delivery the invoice must be signed by the customer, or the persons accepting the delivery on behalf of the customer, to confirm acceptance of the stock in good condition and in full. Any issues must be noted on the signed invoice at the point of delivery. Drink Warehouse are unable to address any issues after the delivery has been confirmed and signed for. For customers collecting stock, Drink Warehouse UK accepts no liability for any damage caused in transit. The customer takes full responsibility of any stock taken.

Liability for damage or non delivery of stock cannot be accepted unless notified to the delivery driver on delivery and noted on the invoice at the point of delivery. All stock should be thoroughly checked on delivery, prior to signing the invoice as received, and any issues noted on that invoice.

The Customer shall allow Drink Warehouse reasonable access to such premises and shall use best endeavours to ensure that a responsible person (over the age of 18) shall be at the place to take and sign off the delivery of the Products. Deliveries will be made to the address specified by the Customer when the account was opened with us . Customers must ensure that the delivery area is safe and secured to deliver to at all times. It is the customer’s responsibility to ensure the safety of the public and staff during deliveries and Drink Warehouse accepts no responsibility for any accidents or injuries that occur, to the Customer or any members of public or tradesman, or any damage or expense during delivery process, by whatever means. Drink Warehouse advise that the customer should ensure that all traffic routes (pedestrian and vehicle) are clear for delivery and should arrange that any open doors, or cellar doors should be supervised by a representative of the Customer, during delivery to ensure safety and security of the premises.

For same day delivery may be available for orders placed for delivery to the CT postcode if received by 10am Monday to Sunday. Same Day Delivery is subject to location and availability.

Risk and Ownership:

All risks in the Products pass to the Customer on delivery or collection from Drink Warehouse. The company shall retain ownership to all goods sold to the buyer until it has received payment in full of all sums due in connection with the supply of all goods to the buyer at any time.

Payments

Unless agreed otherwise, through a credit agreement, all invoices are due for payment on delivery. Should you not want to pay cash you can prepay for your order by calling the Drink Warehouse office prior to your delivery and making a card payment over the phone. Or alternative transfer funds via BACs – funds must be received prior to delivery. If there is no acceptable payment when the delivery arrives, Drink Warehouse will not leave the order and a £5 carriage charge will be added to your account. Cash transactions over £9000 may require proof of identity.

Should a customer wish to pay by cheque this must be agreed with Drink Warehouse in advance, and a cheque account form will need to be completed. The customer must ensure that the cheque is filled in correctly and that there are funds available in their account to cover the sum. Post dated cheques will not be accepted. Any re-presented or failed cheques will be subject to a administration charge of £40.00 per cheque, and cheques will no longer be accepted. The account will be placed on hold until the funds have been received to Drink Warehouse.

Should you have a credit agreement there are additional details and terms and conditions applicable to your account that are detailed on your copy of the credit agreement.

Products:

All descriptions, advertisements and illustrations of Drink Warehouses products and pricelists are intended to present a general idea of the products described, and not any part of the contract.

Gas and Kegs:

Ownership of all kegs and gas cylinders remains with Drink Warehouse, the customer must return these to Drink Warehouse within a year of purchase (unless otherwise agreed with Drink Warehouse). If the customer should fail to return the above in the specified time then Drink Warehouse will be entitled to charge the customer for a cost of new replacement, or Drink Warehouse retains the right to enter the customer’s premises to recover any kegs or gas bottles. Drink Warehouse accepts no liability for any damage or injury, however caused (including negligence) by any keg, gas bottle or pallet as a result of any act including misuse, neglect, accident, improper storage, installation, handling or alteration or otherwise. The customer agrees to indemnify Drink Warehouse against any liability whatsoever, howsoever arising (including negligence) in relation to kegs, pallets, and gas cylinders.

Returns:

Drink Warehouse will not accept returns of products without granting consent

Warranties:

Should any of the products supplied through Drink Warehouse become faulty or do not meet the product specifications then please contact Drink Warehouse or the manufacture direct. Drink Warehouse accepts no liability for faulty products but can provide manufacture information through which the customer can contact to raise their complaint. Should any returns be accepted by Drink Warehouse a credit note will be raised on the customer’s account or an exchange can be provided if applicable? Drink Warehouse accept no responsibility for any accident, injury, expense or damage arising out of or in connection with the products sold, or any defect in them or from any other cause, whether or not any such matter amounts to a fundamental breach of these conditions or contract.

Ullage Procedure:

Should any of the gas, kegs or casks supplied through Drink Warehouse prove to be faulty or do not meet the product specifications then please contact Drink Warehouse and we will assist you in the process. Our Delivery team will pick up the item and complete the Ullage form documents. All credits for faulty kegs / casks will be raised when received from the Brewer/Supplier, not on collection. If more than 10% of the cask / keg has been used or if the product is out of date then Drink Warehouse will be unable to accept the return and/or raise a credit

Feedback Process:

Should you have any feedback or complaints for Drink Warehouse, including service and process then please call the office directly on 01843 596 511 or email accounts@drinkwarehouseuk.co.uk

Website:

Prices displayed on our website are exclusive of VAT

You may not misuse the Site. ‘Misuse’ includes (without limitation) by hacking, or by the use of any robot, spider, other automated device, or manual process to monitor or copy the Site or any part of it without our prior written consent.

We may, may, at our discretion, cancel your access to the database areas of the Site immediately and without giving You any advance notice if We consider that your use of the Services is abusive or causes or is likely to cause the whole or part of the Site or Services to be interrupted, damaged, rendered less efficient or in any way impaired.

Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Links to third party websites on this Site are provided solely for your convenience. If You use these links You leave this Site, You do so entirely at your own risk.

We will not be liable for damages arising out of or in connection with the provision of the Services or use of the Site. Whilst this is a comprehensive limitation of liability applying to any and all losses, damages or costs of any kind including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We do not limit our liability if, as a result of our negligence You die or are injured, or if You suffer loss as a consequence of any fraud by Us.

Online Security:

At the time of your registration you set a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your email address in combination with your password. You must immediately notify us of any unauthorised use of your email address and/or password or any breach of security known to you. Please note your details will not be passed on to any other company, organisation or individual for the purposes of unsolicited marketing or advertising.

Confidentiality:

The customer should not disclose or announce the existence of any contractual agreement or dispute with the Drink Warehouse unless specifically agreed by Drink Warehouse

Force Majeure

Whilst We will use our reasonable endeavours to complete our obligations under this Agreement, We will not be liable to You or be deemed to be in breach of this Agreement if We need to cancel this Agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures, including the unavailability of third party telecommunications, services, lines or other equipment, or other causes beyond our control. By placing an order with Drink Warehouse the customer accepts these terms and conditions. The company reserves the right to amend these conditions of sale without prior notice.

Website Services

Content

Content on your website may be protected by copyright and you may not be able to reproduce it without first gaining written permission from the original author. It is your responsibility to ensure that all content provided for your website both written and images are free from copyright or you have explicit consent to use them in a commercial manor.

Content

Uploading Content

Any content, data or information stored on or uploaded to your website whether by you or a third party using your password is your responsibility. You must comply at all times with all relevant laws and regulations relating to such activities or information. This includes but is not necessarily limited to: copyright; defamation; trademarks; data protection or any regulation of offensive, obscene or illegal content. We reserve the right to access any content, data or information stored on this service or email messages sent via this service and remove all or any part of such information or message if we deem it to be actually or potentially inappropriate or illegal. However, DWUK is under no obligation to monitor any such information, content or messages and it is your responsibility to comply with any applicable law, regulation and these terms. You will indemnify us against any loss we may incur as a result of your breach or any alleged breach of any such law or regulation by any third party.

CMS User Accounts

DWUK reserves the right to terminate immediately and remove completely from your website any users who we believe to be:

  • using any service illegally
  • attempting to abuse or misuse any service in any manner
  • attempting to gain unlawful or inappropriate entry into any section of any service or disrupt the normal functioning of any service in any manner
  • attempting to abuse any service in any way outlined in this document through the unsanctioned use of the username and password of another individual
  • attempting to, what is commonly known as, ‘hack' any part of any service in any manner

You will indemnify us against any loss we may incur arising out of such misuse as outlined above and we have no prior need to give you any warning or any reason if we believe you are at fault.

Your password may only be used by you and it is your responsibility to keep it confidential. You will be held responsible for all use of any service using your password. You may change your password at any time through the settings page within your account. You will indemnify us against any loss we may incur arising out of the unauthorised use of your password. Should additional users need access to your website these users can be created at no cost.

Domain Names

We will provide a .co.uk/.com/.uk domain name for you as part of our package. This domain will be registered for at least as long as you use our service. If you no longer wish to use our service then we are happy to transfer the domain name to another hosting business should you wish, you be subject to an administration charge.

Source Code

All websites that we build are built using Wordpress CMS. Should you feel that you no longer wish to use our service then it is your responsibility to arrange for your website to be replicated or recreated on another system. Should you wish to acquire the source code to your website this can be done subject to an administration charge.

General Disclaimer

Drink Warehouse UK LTD makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any services, information, or other material downloaded or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. We are not liable to you for any loss or damages resulting from your use of our service, including in relation to negligence. Should you feel it is appropriate, you are free to discontinue your use and membership.

The current terms will be displayed here.

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