TERMS AND CONDITIONS OF PURCHASE
THANK YOU FOR CHOOSING TO BUY FROM OUR WEBSITE, WWW.ENVILLEBREWERY.COM (the “Site”)
BEFORE COMPLETING YOUR PURCHASE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. AN ORDER CANNOT BE PLACED UNLESS YOU HAVE CONFIRMED TO US THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS.
If you have any queries in connection with these Terms and Conditions you can contact us via the Contact Us page and we will aim to respond to your query within 48 hours, though please be aware it may take us slightly longer during busier periods.
- Status of these Terms and Conditions
- a) Please be aware that these Terms and Conditions apply to all sales of beers, spirits, wines, champagnes, ciders and any other products (collectively “Enville
Ales Products”) sold or supplied to you (“you” or “the Customer”) through the Site by Enville Ales Limited, a company registered in England and Wales whose registered address Hollies Lane, Cox Green, Stourbridge, DY7 5LG (“Enville Ales”, “we” or “us”). These Terms and Conditions also apply to Enville Ales Products made available and/or advertised on the Site from time to time.
You are responsible for reviewing these Terms and Conditions before you place your order for Enville Ales Products. Before your order can be placed you
will be asked to confirm that you have read and understood these Terms and Conditions. If you tick the box next to the statement to provide such confirmation we shall be entitled to rely on that confirmation.
- c) We advise you to keep a copy of these Terms and Conditions for your records when you place the order.
- Enville Ales Products – Details, availability and prices
- a) We work hard to ensure that all details provided on our Site are correct, accurate and up to date. However, due to the number of Enville Ales Products featured
on the Site, from time to time there may be errors. Enville Ales takes no responsibility whatsoever for information that is incomplete, inaccurate or out of date.
- b) Where we have mistakenly advertised a Enville Ales Product at a price which is lower than the correct price, we shall not be liable to provide that Enville Ales Product at the advertised price. In these circumstances we will notify you before the relevant Enville Ales Products are dispatched and we will be entitled to cancel your order provided we refund your payment to the credit or debit card you used when placing the order. Where you have over-paid we will refund the full difference.
- c) All Enville Ales Products are advertised and made available on the Site subject to availability. On rare occasions a Enville Ales Product may appear available on the Site but we are out of stock. As we are an independent brewery certain Enville Ales Products may become unavailable from time to time. There may also be instances where we have just sold out of the last bottle before you place your order and our system has not yet updated itself to show the item as being out-of-stock. If you have ordered a mixture of Enville Ales Products and some of them are unavailable, in order to get your order to you as quickly as possible, we may change some of the bottles and provide you with a replacement (“Replacement Bottles”). However, we will only ever send you a Replacement Bottle which we deem to be is of a similar style and standard and which is the same or a higher value as the unavailable Enville Ales Product in your order and we will never replace more than 3 bottles. If, due to the stock availability, it would be necessary to change more than 3 bottles we will contact you and give you the opportunity to cancel your order in respect of the unavailable Enville Ales Products or wait until they are back in stock to receive them. If, upon receipt, you don’t like the Replacement Bottles
we have chosen for you, please refer to sections 9B and 10B below to arrange a return and refund. If we are unable to supply a certain Enville Ales Product and we do not provide a substitute our only liability will be to refund or not charge you for the out of stock items.
- d) All prices are quoted in pounds sterling, and are per bottle unless otherwise The prices include Value Added Tax unless otherwise specified. Any delivery charges are additional and will be notified to you before you place your order.
- e) We reserve the right to change our prices and/or to terminate any special offer at any time, without notice. Please check our Site for current prices.
- f) Details of minimum and maximum order limits will be shown on the Site and may be amended by us at any time.
- Your order and our contract
- a) By placing your order on our Site you are offering to buy the Enville Ale Products in your order from us.
- b) Following receipt of your order we will send you an order confirmation to confirm receipt of your order, which will include details of the Enville Ale Products you have ordered. You will need to bring any errors in your order confirmation to our attention as soon as possible to ensure this can be rectified. Please email us at firstname.lastname@example.org to notify us of the errors. A delayed notification may be too late to change your order before delivery.
- c) Your offer is not accepted and the contract is not formed between you and us (the “Contract”) until we despatch the Enville Ales Products to you. At any point up until then, we may decline to supply the Enville Ales Products to you without giving any reason and our only liability to you will be to refund any payments which may have been taken.
- d) If we are unable to accept your order for any reason, such as the Enville Ales Products you ordered being out of stock (subject to sections 2c and 9Ba), or having been under-priced on the Site, or where the order exceeds the maximum permitted order for that Enville Ales Product we will notify you by email at the email address you have provided and we will either refund any payments which may have been taken from you or not take such payments, in each case, in respect of the relevant Enville Ales Products.
- a) We do not (and by law we cannot) sell Enville Ales Products to anyone who is not 18 years old or over. By placing an order and using our Site you confirm that you are at least 18 years old.
- b) If you are buying Enville Ales Products on behalf of another person or to give or send as a gift to another person, by placing the order you confirm that such
person is also at least 18 years old and it is your responsibility to ensure this is correct.
- c) We operate a Challenge 21 policy which means that if you, as a recipient of Enville Ales Products, are lucky enough to appear under 21 you can expect to be
asked by our couriers to provide an acceptable form of ID (which will usually be a drivers’ licence or passport) to prove that you are 18 years or older. You
will also need to show your ID if collecting from the Post Office. Our couriers will not leave Enville Ales Products with any recipient who is unable to
produce satisfactory ID when requested. Similarly, the Post Office will not release Enville Ales Products to anyone who cannot provide such ID. In these
circumstances, we will contact you to rearrange delivery in accordance with these Terms and Conditions. However, if the person who was unable to provide
satisfactory ID is the person who placed the order we will cancel the order and our only liability to you will be to refund the purchase price of the Enville
Ales Products. As delivery will have been attempted we will not refund the delivery fee.
- a) We accept payment by PayPal.
- b) All payments are taken in full when you place your order. Payments will only be refunded in accordance with these Terms and Conditions. See sections 2, 3c and
3d, 5d, 9, 10 and 12 for further details.
- c) Invoices will be included within your case of Enville Ales Products when they are delivered. In the unlikely event that you have not received an invoice
with your delivery and you require one please contact us via the contact page quoting your reference number.
- d) We have a right to refuse to accept or to cancel any order where we suspect that the payment method being used to place the order is being used fraudulently or
is the subject of theft or any other unauthorised use.
- a) We deliver to addresses in England, Scotland, Wales
- b) Delivery is charged at a weight per transaction for all deliveries. We reserve the right to change these delivery costs at our discretion, please check the
Site for further details.
- c)Please note that there may be delays to these times during busy order periods such as Christmas. Please check the website for the date on which last orders
may be placed to be received for Christmas.
- d) We are unable to confirm the exact time that your delivery will arrive with you.
e) If you are not at home when our couriers attempt to deliver your order and you TERMS AND CONDITIONS OF PURCHASE
have not left instructions for us to leave the order with an authorised person at your property, or with a neighbour or at the local Post Office, provided our couriers are able to access your mailbox, they will leave a card to let you know that they have tried to make the delivery with instructions of what to do next. It will be your responsibility to follow the instructions on the card within the time given on the card to arrange redelivery. If our couriers are unable to access your mailbox either because you are not at home or because a neighbour is not at home and access to your mailbox is not possible from the front door the couriers will not leave a card and you will need to contact them to arrange redelivery. If you are unable to make progress with them to arrange redelivery you should contact us via our Contact Us page. If you fail to contact our couriers within the time given on the card or within a reasonable time following the initial delivery date where our couriers are unable to leave a card and Enville Ales incurs charges, costs, expenses, losses or liabilities (“Charges”) for storage, redelivery or return back to our warehouse we shall have a right to collect those Charges from you.
- f) If you give us instructions to leave your delivery with an authorised person at your property, with a neighbour or at the Post Office, provided our couriers have left the delivery in the place where you have instructed us to leave it, neither we nor our couriers shall have any liability whatsoever for any subsequent damage, loss or theft which occurs to the Enville Ales Products after they have been left in the designated location. Please note that if you live in a property which contains a number of units and you do not, when placing your order on the Site, specify a particular neighbour with whom to leave your parcel but instead request the parcel be left with a neighbour in response to the text message you receive from our couriers, the couriers may leave the parcel with any neighbour in your property who grants them access to the property and any such delivery is left at your risk. It is your responsibility when requesting that your parcel be left with a neighbour to
ensure that such neighbour will be at home and available to take collection of the delivery.
- g) Neither we nor our couriers accept any responsibility for loss or damages suffered as a result of deliveries not being made by the estimated delivery time for reasons which are beyond our reasonable control, including, without limitation, traffic delays.
- h) We do not accept any responsibility for loss or damages which arises from deliveries not being made because you have provided incorrect or inaccurate address details, email address and/or phone number which prevents our couriers from contacting you. We shall be entitled to recover any Charges levied upon us by our courier company as a result of such incorrect or inaccurate details being provided.
- i) Where your delivery address is a property which contains a number of units (e.g. an apartment block, offices), we cannot guarantee that our couriers will deliver to the front door or individual entrance of your unit. It is at each individual courier’s discretion as to whether or not s/he will bring the delivery directly to your front door where you are in a building which is comprised of several units. For example s/he may not bring the delivery up several flights of stairs in the absence of a lift and may not be able to carry it from the main entrance to your front door/the lift. If our courier is unable to bring the package to your front door s/he will leave a card to notify you of the attempted delivery and it will be your responsibility to follow the instructions on the card in accordance with section 6e above.
Title to all Enville Ales Products shall remain under Enville Ales’ ownership and shall pass to the Customer on delivery, provided we have processed and received payment in full. Enville Ales Products shall become your responsibility from the time our couriers deliver the goods to you or leave them in the designated location notified by you to our couriers (e.g. at your property with an authorised person, with a neighbour, at the Post Office).
Inspection of Enville Ales Products
You should inspect your order as soon as possible following delivery and notify us within 14 days of delivery of breakages or shortages quoting your order number. We are unable to guarantee replacements unless we are notified within this period.
Please note that our bottles are packaged in cases for up to 12 bottles. Therefore, where you have placed an order for more than 12 bottles, there is a chance they may be delivered separately. In the unlikely event that you do not receive your subsequent orders within 3 working days after the first delivery, please contact us at email@example.com
Refund and Cancellation Claims
We hope that you enjoy the Enville Ales Products as much as we do and we are committed to ensuring that you are fully satisfied with every bottle which you purchase from us. However, we understand that from time to time, despite the best efforts of our couriers and brewers there may be unforeseen problems or you may be dissatisfied with your order. Therefore, we are able to offer a refund in the following circumstances.
The Consumer Contracts Regulations gives you, the consumer, 14 days from the day your order is received to cancel your order. We ask for the goods to be returned in their original condition within 14 days of notifying us of cancellation. Notification can be made by sending an email to firstname.lastname@example.org . A refund minus original delivery charge will be issued within 7 working days of us receiving the goods in a satisfactory condition. Please note that delivery charges to receive and/or return unwanted goods will not be refunded unless incorrect or damaged goods are received.
We recommend returning goods via tracked and/or signed for delivery, as we cannot accept responsibility for goods lost or damaged on their return.
Damaged or Incorrect Goods
In the event that you receive damaged, faulty or incorrect goods, please send an email to email@example.com with photographic evidence within 3 days of receiving the goods. A full refund (including shipping) or replacement goods shall be sent. In the event the goods are no longer in stock, a suitable replacement or full refund (including shipping) shall be given.
We are unable to offer a refund where you give us instructions to leave your delivery with an authorised person, a neighbour or with the Post Office and our couriers leave your delivery at such location or with such person. Any such deliveries are left at the Customer’s risk.
We are only able to accept returns and issue refunds in respect of Enville Ales Products which have been bought as gifts where it is sought by the purchaser. In the interests of data protection we are unable to deal with the recipient or offer a refund direct to the recipient. Please read sections 9 and 10 and follow the applicable process when seeking to return a gift.
Our couriers may refuse to collect the Defective Goods if they are not suitably
d) Please ensure that only the Defective Goods referenced in your notification are
e) Alternatively, we may ask you to email us a photograph of the Defective Goods and any refund or replacement will be subject to you providing such photograph. f) Subject to section 9A above, any refund or replacement will be processed as soon as possible, usually within a week but no later than 30 days after we receive the Defective Goods and provided you have complied with this section 10A when returning the Defective Goods.
Returns of Unwanted Goods
- a) Once we have received your notification relating to Unwanted Goods and issued you with a reference number, if we request you to return the Unwanted Goods, we
will give you instructions of how to return the Unwanted Goods, which will either be through the post office or our couriers. A charge of £10 will apply
for each collection and must be paid in advance before the collection can be Where you are sending via the post office, you will be responsible for the costs of all postage.
- b) We will send to you in the post or with our courier (as we shall advise you), a label to be used when returning the Unwanted Goods and (where applicable) new
- c) It is your responsibility when returning Unwanted Goods to ensure that they:-
- are returned in good condition;
- are available for collection when our couriers arrive at your address;
- are returned in the same packaging in which they were delivered or packaging of
equal quality and that the package is clearly and visibly labelled with the
label we provide;
- if sent via the post office, are only returned to the address which we advise
using the label we provide.
Our couriers may refuse to collect the Unwanted Goods if they are not suitably
- d) Please ensure that only the Unwanted Goods referenced in your notification are
- e) Any refund will be processed as soon as possible, usually within a week but no
later than 30 days after we receive the Unwanted Goods provided you have
complied with section 9B and this section 10B when returning them.
Returns of Unwanted Replacement Bottles
- a) Once we have received your notification relating to Unwanted Replacement Bottles and issued you with a reference number, if we request you to return the
Unwanted Replacement Bottles, we will arrange for the Unwanted Replacement Bottles to be collected and we will liaise with you to arrange the collection.
- b) We will send to you by email or by post or with our courier (as we shall advise you), a label to be used when returning the Unwanted Replacement Bottles and
(where applicable) new packaging.
- c) It is your responsibility when returning Unwanted Replacement Bottles to ensure that:-
- the Unwanted Replacement Bottles are returned in a good condition;
- the Unwanted Replacement Bottles are available for collection when our couriers arrive at your address;
- the Unwanted Replacement Bottles are returned in the same packaging in which they were delivered or packaging of equal quality and that the package is clearly
and visibly labelled with the label which we provide. If the original packaging has become damaged or has been weakened please contact us and use the replacement packaging which we shall provide.
Our couriers may refuse to collect the Unwanted Replacement Bottles if they are not suitably packaged.
- d) Please ensure that only the Unwanted Replacement Bottles referenced in your notification are returned.
- e) Subject to section 9B above, any refund or replacement will be processed as soon as possible, usually within a week but no later than 30 days after we
receive the Unwanted Replacement Bottles and provided you have complied with this section 10C when returning the Unwanted Replacement Bottles.
Please note that our Terms and Conditions of Use apply to use of the Site and any purchases made on the Site.
- a) In addition to the termination rights set out elsewhere in these Terms and Conditions, we reserve the right to cancel your account if we suspect that you
are behaving fraudulently or abusing the Site, any offers on the Site or any of our refund policies.
- Warranties and Limitations on Liability
- a) We warrant that the Enville Ales Products will be of satisfactory quality and fit for their general purpose. All other warranties, conditions and other terms
implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
- b) Nothing in these Terms and Conditions shall preclude Enville Ales’ liability for death or personal injury caused by its negligence, for fraud or for any other liability which cannot be excluded by law.
- c) We advise that you take all necessary precautions when handling and consuming Enville Ales Products. All Enville Ales Products contain alcohol which
should be consumed in moderation. Other hazards to be aware of are as follows:-
- Enville Ales Products will be delivered in cases of up to 12 bottles and are heavy. Do not attempt to lift bulky cases but instead transfer bottle(s) 1 or 2 at a
time. The packaging may have become damp in transit. Do not lift any boxes which may be damp as this may lead to bottles falling out of the bottom. Our beers are all carbonated and will contain pressure in the bottles, this may become more built up during the delivery process. We would suggest that you allow at least 1 hour after delivery before opening
- these products and do not shake them before opening. Never open them directly into the direction of you or any other person and take particular care of your
eyes when opening them.
- Extra care should be taken with porters and stouts as these may cause staining of clothes and soft furnishings if spilt.
- d) We will not be responsible for any loss, damage, costs, claims or expenses which arise as a result of the way in which you handle the Enville Ales Products, including, without limitation, any spillages, breakages, damage to your property or that of other people or damage caused to the Enville Ales Products because of the manner in which they are stored.
- e) You agree that we shall not be liable to you for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Contract and/or our obligations under these Terms and Conditions including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.
- f) We will not be liable for any loss, damage, costs, claims or expenses:-
- which arise from our refusal to accept your order under section 2, provided we have refunded your payment under section 2c and 2d;
- which are caused by your negligence or that of any person for whom we are not vicariously liable;
- which are caused by your breach of these Terms and Conditions or any failure to follow advice set out herein;
- for reasons which are beyond our control control including, without limitation, an act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, royal mourning, national mourning, theft of essential equipment, traffic delays, malicious damage, strike, lock out, weather, third
party injunction, national defence requirements and/or acts or regulations of national or local governments;
- for reasons set out in sections 6g, 6h, 6i;
- which as arise as a result of failure by you to follow the requirements of the sections 8, 9 and 10 when claiming a refund;
- where you have acted fraudulently
- in any other circumstances where we have excluded liability under these Terms and Conditions.
- g) Our maximum liability to you whether in contract, tort, under statute or otherwise (including any liability for any negligent act or omission) howsoever
arising out of or in connection with the performance of our obligations under the Contract in respect of any one or more incidents or occurrences shall be
limited to the cost of the order (excluding delivery costs) under such Contract
- a) Enville Ales may amend these Terms and Conditions at any time without notice by posting the revised Terms and Conditions on this website with the date on which they were posted.
- b) To the fullest extent permissible in law, Enville Ales shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that your rights are not adversely affected.
- c) If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s)
and remainder of these Terms and Conditions valid or enforceable.
- d) If Enville Ales delays or fails to enforce any of these Terms and Conditions it shall not mean that Enville Ales has waived its right to do so.
- e) These Terms and Conditions together with your order confirmation constitute the entire agreement between the parties in connection with the subject matter if these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between you and us relating to the subject matter of these Terms and Conditions.
- f) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales