Terms and Conditions
Business and Use
If you want to buy alcohol via the web site you can only do so on these terms and conditions, and by registering on the web site you are agreeing to be bound by them. Although they are written in small print, we hope you will agree that they are designed to be fair to you and to us. We may change these from time to time by updating this posting.
In these Terms and Conditions:
“ Goods” means the beer sold by Us to You
“Us” means livingbeer.com ltd a company registered under the laws of England (Company No.8999865 / VAT Reg No. 855512422) whose registered office address is situated at 51 South Worple Way London SW14 8PB
“You” means the person whose order for the Goods set out on the customer order form is accepted by Us”
1 Cellarman’s Promise To You
1.1 Delivery – The Goods you order will be delivered to the address you give when you place your order. Every effort will be made to deliver the Goods as soon as possible after your order has been accepted and in any event within 7 days of your order. However, we will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any reasonable or unavoidable delay in the delivery of the Goods. Delivery is £5 per case between 9am and 5pm between Monday and Friday. We will deliver your Goods to anywhere in the United Kingdom (Northern Ireland, the Scottish islands, the Scilly Isles and the Isle of Wight have a different delivery rate which will be agreed prior to ordering) Unfortunately we are unable to deliver to the Channel Islands, the Isle of Man or other British Dependent Territories).
1.2 Breakages - If there are any breakages, the carrier will need to collect the complete case including the damaged contents. If you have any queries regarding delivery please contact us at cellarman@livingbeer.com.
1.3 Availability - Bottle-conditioned beer is an agricultural product and runs out from time to time. If you order a case of beer, we will always ask you before replacing a case with an equivalent case, but we never use this as an opportunity to advertise a good beer and supply inferior beer. If a product becomes ‘out-of-stock’ you will be contacted and offered one of three solutions, i) We will substitute your choice with a near equivalent costing the same or more (but you will not be charged any additional amount), ii) you can delay your order until the out-of-stock choice becomes available again and we will advise of the likely time delay, or iii) you cancel your order. If your case is a mixed selection and part of the contents are 'out-of-stock', We will substitute the items with a near equivalent costing the same or more (but you will not be charged any additional amount). If more than 25% of your case is unavailable, we will first contact you informing you of the substiutions. If you are not happy with your substitution you are welcome to return the substitutions (unopened), and we will refund you the cost of that item. Unfortunately we are unable to refund the return postage cost.
1.4 Claiming under our customer promise - If you need to claim under our customer promise, then call us on 08700 460 557 or notify us by email on cellarman@livingbeer.com
1.5 Customer satisfaction - if you are dissatisfied with our performance in any way, please contact cellarman@livingbeer.com or call 08700 460 557 immediately. At livingbeer.com ltd, we aim to deal with all enquiries fairly, confidentially and quickly. We will acknowledge your contact within 24 hours. We try to resolve most issues immediately, but where this is not possible, we will keep you informed about progress until a satisfactory resolution has been achieved. We are continually improving our service, but if you have any particular ideas or suggestions about how we can improve, please send them to: cellarman@livingbeer.com.
1.6 Right To Terminate - This Customer Promise is here for the good of all of our customers. If we feel that it has been abused, we reserve the right to close your account, by inactivating it, once we have met our obligations under this promise. If we do inactivate your account, and you choose to make another purchase, whether through that account or any other, then our obligation to you for any claim will be limited to your statutory rights and we will not be bound to deliver our full Customer Promise.
1.7 Orders
1.7.1 No order submitted by you shall be deemed to be accepted unless and until confirmation of the order has been made by us to you by email. Each order will be a separate contract.
1.7.2 You will be responsible for ensuring the accuracy of the terms of any order submitted by you.
Prices and payment
2 All prices are quoted in pounds sterling, and per case, as marked. The prices include Value Added Tax, unless otherwise specified. Any delivery charges are additional.
2.1 We accept payment by Switch, Visa, MasterCard
2.2 Any discounts offered are based on previously advertised, non-discounted prices that were available for consumers to buy for at least 28 consecutive days in the previous 6 months via the cybercellar. Where a particular beer is part of a pre-mix case with a general discount applied, the discounted price for the case is relative to the previously advertised, non-discounted prices for the constituent beers (as above).
Age restriction
3 We won't sell alcohol to anyone who isn't 18 years old or over. That's the law of the land. By placing an order you confirm that you and the receiver of any gift are at least 18 years old.
3.1 If you are buying a case of alcohol as a gift - the recipient must also be over 18 years old.
3.2 If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the Goods is unable to produce appropriate ID, unfortunately our couriers will be unable to leave the Goods.
3.3 Once the Goods have been delivered, according to your original delivery instructions, it becomes the recipient's responsibility.
Security
4 Don’t be nervous about shopping on the web. We use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
4.1 To make sure that you don't have to worry, we will make good any losses suffered by you and charged to you by your credit card company, up to a maximum of £1,000 through the unlawful use by a third party of your credit card or credit card information directly as a result of your use of our web site.
4.2 It is your responsibility to protect your password from being disclosed to any third party.
Vouchers
5 If you have a voucher to redeem against the purchase of beer from us, the terms and conditions on that voucher apply, and you agree to be bound by those terms and conditions.
5.1 Vouchers are non-transferable and may not be sold or auctioned.
Cancellations
6 You may cancel your order for any reason whatsoever at any time up to 7 working days from the day after the date you receive your Goods, provided all of the bottles are unopened and intact
6.1 In order to cancel your order you must call us on 08700 460557 , notify us by email on cellarman@livingbeer.com or in writing to livingbeer.com Ltd 51 South Worple Way London SW14 8PB.
6.2 We shall reimburse the price of the Goods within 30 days from the date you notify us of the cancellation. It is your responsibility to hold onto the Goods and take reasonable care of them until we come to collect them.
Returns
7 If some or all of the bottles of alcohol in a case are broken or spoiled when they are delivered you should notify us as soon as possible. You may choose either to return the whole case or just the affected bottles for a refund.
7.1 You must notify us of all Goods which are due to be returned for any of the reasons stated in this clause within 30 days from delivery of the Goods, otherwise you cannot rely on Clause 7 above. You can call us on 08700 460 557, notify us by email on cellarman@livingbeer.com or in writing to livingbeer.com limited 51 South Worple Way London SW14 8PB.
7.2 All refunds and reimbursements under clause 7 will be paid within 30 days of you notifying us of your wish to return Goods under that clause, provided the Goods have been collected by our carrier.
7.3 Any Goods collected by our carrier must be in their original box to avoid further breakages, where possible.
7.4 Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed Goods. Further information about your rights is available from your Local Authority Trading Standards Department or Citizen's Advice Bureau.
Intellectual Property Rights
8 You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of this web site, and to the business of livingbeer.com, the structure, design and layout of the web site, the styles of the Goods and the cybercellar.
8.1 You are entitled to use our web site in accordance with these Terms and Conditions only. You must obtain our prior written consent before you use our web site or any part of it in any other manner.
8.2 All persons, individual and corporate, are prohibited from providing hypertext or other links to the livingbeer.com web site, other than to our home page, from their own web site or from a third party's web site, without our prior written consent.
Warranties
9 We warrant that the Goods will be of satisfactory quality and fit for their general purpose.
Limitation of liability
10 Nothing in these Terms and Conditions shall exclude livingbeer.com Ltd's liability for personal injury or death caused by its negligence.
10.1 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
i. loss or damage was not foreseeable to both parties when the contract was formed;
ii. loss or damage was not caused by any breach on the part of the supplier;
iii. loss or damage relates to business and/or non-consumers to include (but not limited to) loss of business, loss of contracts, loss of profits, loss of goodwill or loss of reputation or financial loss.
10.2 Subject to 10.1 we will not be liable for loss or damage caused by the customer handling the Goods. In particular we will not be liable for spillages or breakages.
10.3 Customers should also be aware of the following inherent risks and warnings:
i. Alcohol should be consumed in moderation.
ii. A case of Goods is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.
iii. Some of the Goods supplied may cause staining if spilt so extra care should be taken
iv. Bottle-conditioned beers can be volatile due to the build up of gasses extra care should be taken when opening these.
General
13 We shall not be liable for any delay in delivering your Goods if that delay or failure is caused by circumstances beyond our control such as, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, , fire, flood, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
13.1 Livingbeer.com ltd may change or add to these terms and conditions for security, legal or regulatory reasons. We will not use this right to vary the terms of any special offer that applies to you.
13.2 The sale of the Goods takes place only when specific Goods are appropriated to the contract. The sale of the Goods shall only take place during the permitted hours of 8.00am and 11.00pm Monday – Saturday and 10.00am – 10.30pm Sundays.
13.3 Here are our details should you want to contact us: livingbeer.com ltd 51 South Worple Way London SW14 8PB 08700 460 557 email: Cellarman@livingbeer.com. These terms and conditions shall be governed by, and construed in accordance with, the laws of England and the parties hereby irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
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