To make a purchase, please confirm that:
You are over the age of 18; and
You live in the United Kingdom.
Our website is applecrossbrewingcompany.co.uk
This Agreement with any additional terms on the Site shall govern any order you make through the Site or Services for Products. We ship only to addresses in the United Kingdom. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). For any reason, including errors in the pricing of products on the Site, we may decline to accept your Order or any part of your Order. If we decline to accept your Order, we will attempt to notify you at the email address you provided. Any estimated delivery date provided based on Product availability and payment processing time. The Products will be at your risk from the time of delivery. Ownership of the Products passes to you on delivery as long as full payment has been received.
We will only supply alcohol-based products to persons who are over the legal age, which is 18 years old in the United Kingdom and otherwise in full compliance with the law. In accordance with the Licensing Act 2003 and Licensing (Scotland) Act 2005 it is an offence for any person under the age of 18 to purchase or attempt to purchase alcohol. Similarly, any person over the age of 18 purchasing alcohol on behalf of any person under the age of 18 also commits an offence.
By placing an order on the Site and completing the order process which forms part of the contract of sale you thereby confirm that you are over 18, that someone over the age of 18 will be available to accept delivery at the delivery address provided for your order and that delivery will not be accepted by any person under 18 at that address. You further warrant and confirm that where you are placing an order on the Site as a gift to be delivered to any other person as a giftee, that the giftee is over the age of 18. We do not accept any liability whatsoever for delivery to or acceptance by any person under 18.
The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. In the case of a pricing error, we reserve the right to not ship the product and will inform you by email if this is the case. By submitting your payment information to us, you authorise us to charge you via the applicable payment method at our convenience.
You represent that you will not use any form of payment unless you have all necessary authorisation to do so. To pay for an Order, you will need to provide us with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such order. We can only accept payment in pounds Sterling.
In the unlikely event that your payment card is used fraudulently to make a purchase with us, you, the consumer, are entitled to cancel the said payment(s). If payment has already been made, you, the customer, are entitled, in accordance with the standing Consumer Protection (Distance Selling) Regulations 2000 (as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005) (together “the Distance Selling Regulations”), to a re-credit or to have all sums returned to you by the card issuer.
Pricing and Products
We are not responsible for typographical errors regarding price or any other matter. Products displayed may be unavailable and hence substituted, and prices are subject to change.
All prices include shipping in the United Kingdom.
Refunds and Returns
As the nature of our products is perishable, we can only accept returns made within 7 working days of you receiving your order. Please pack your box securely and include your full name and delivery address along with your return. We will not be able to refund your box if we cannot identify your account. You will remain responsible for your box and all costs incurred for postage until it reaches our warehouse. We recommend that you send your box with a traceable carrier. Returns must be shipped prepaid, we do not accept C.O.D. deliveries. A refund or replacement order from us will only take place or be sent where your original order is lost or damaged. We will not be held responsible if a user has inputted an incorrect address and their order has been shipped there, nor will we be responsible if a user has processed an incorrect number of orders.
Your account may be accessed by logging onto the Site and viewing the “My Account” pages. Purchases made through the Site and will expire two years after your last login to the Site.
Disclaimer of Warranty
All content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitation of Liability
We warrant to you that any Product purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products you purchased. This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987; or
- For fraud or fraudulent misrepresentation;
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
You agree to indemnify and hold Applecross Brewing Company (and its officers, directors, employees, agents and suppliers) harmless from any claim or demand, including reasonable legal fees, or arising out of or related to your breach of this Agreement, or your violation of any law or the rights of a third party.
Survival of Terms
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party shall survive the expiration or termination of this Agreement.
Choice of Law
This Contract, its formation and the supply to you of any products or services ordered on our Website will be governed by Scottish law. Any dispute or claim arising in connection with the supply to you of any products or services, the formation of this Contract or any non-contractual dispute will be subject to the exclusive jurisdiction of the Scottish courts.
This Agreement including, without limitation, any other terms and conditions that may appear on the Site from time-to-time (for example, the shipping policy, return policy, and information regarding items and orders) contain the full understanding and agreement with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of this Agreement shall remain in full force and effect.
The failure of Applecross Brewing Company to insist upon or enforce strict performance by you of any provision of this Agreement shall not be construed as a waiver of any provision or right. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement. We may provide notice to you relating to the Site and/or this Agreement by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.