[company-name] (“us”, “we”, or “our”) operates the [store-url] website (the “Service”). Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the [store-url] website.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that [company-name] is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that [company-name] cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Contests, Sweepstakes, and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our [policy-page]Privacy Policy[/policy-page]. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other “Promotions” are independent of this agreement.
Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by [company-name].
[company-name] has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that [company-name] shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless [company-name] and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall [company-name], nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
[company-name] its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will [company-name] ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by [company-name] or any person for whom [company-name] is responsible, and even if [company-name] has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Wholesale Terms
Staggeringly Good Ltd TERMS AND CONDITIONS OF SALE Governed by English law, we may from time to time alter the conditions of sale without further notice. 1. AVAILABILITY. All products are sold subject to availability . 2. PRICES. The prices shown on our list are exclusive of vat and are duty paid; bottled beers and canned beers are shown per case, other beers are shown per keg or cask. 3. BREAKAGES. All goods must be examined at the time of delivery and claims for breakages will only be accepted if we are notified at the time of delivery and the damaged products and their packaging are returned for inspection and the loss or damage is noted at the time of delivery. 4. RETURN OF GOODS. Returns will not be accepted unless the goods were not ordered or they arrived damaged. In these cases the customer will be repaid by credit note after the goods have been returned or have been destroyed and notification given in accordance with our destruction notice. We shall not accept the return of goods that are price marked or disfigured or otherwise incapable of resale. 5. PAYMENT TERMS. Trade invoices are due for payment on delivery, unless other arrangements have been made. (We reserve the right on all overdue accounts to charge interest on a daily basis at the rate of 1.5% per month.) 6. TERMS OF PAYMENT- Unless otherwise stated, terms are direct debit with fourteen (14) days net from date of invoice subject to approval by the Seller of amount and terms of credit. The Seller reserves the right to require payment in advance or C.O.D. and otherwise to modify credit terms. When partial shipments are made, payments therefor shall become due and, in accordance with the designated terms, upon submission of invoices therefor. 7. ADDITIONAL TERMS OF PAYMENT- Unpaid balances of past due accounts will be charged at 1.5% per month finance charge which corresponds to an annual percentage of 18%. 8. ADDITIONAL TERMS OF PAYMENT- Any outstanding payments must be processed before a new order is dispatched unless otherwise is agreed in writing. 9. RISK AND PROPERTY. Risk of damage to or loss of the Goods shall pass to the customer:- a) At the time of delivery, or if the customer wrongfully fails to take delivery of the Goods, the time when Staggeringly Good Ltd has tendered delivery of the goods. b) Notwithstanding delivery and the passing of risk in the goods, or any other provision of theseConditions, the property in the Goods shall not pass to the customer until the invoice has received in cash or cleared funds, payment in full of the price of the Goods, and all other Goods agreed to be sold by the supplier to the Customer for which payment is due (and for the purposes of this provision payment shall be deemed to be due on delivery.) c)Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Supplier’s fiduciary agent and bailee and keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Suppliers property. Until that time the Customer shall be identified to resell or use the Goods in the ordinary course of business, but shall account to the Supplier for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceed, properly stored, protected and insured. d) Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been sold), the Supplier shall be entitled at anytime to require the Customer to deliver-up the Goods to the Supplier or their agents and, if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the Goods are stored and repossess the Goods. e) The Customer shall not be entitled to pledge or in any way charge by the way of security for any indebtedness any of the Goods which remain the property of the supplier, but if the customer does so all monies owing to the Invoicer by the Customer shall (without prejudice to any other right or remedy of the Supplier or Invoicer) forth-with become due and payable. 10. DATA PROTECTION ACT 1984. To comply with the Data Protection Act (1984) we are required to inform you that we have recorded your name and address on our computer for the sole purpose of sending you a catalogue and other information. Your name and address will not be given to third parties. Please let us know if you object to our keeping this information. 11. INSOLVENCY. If the customer makes any voluntary arrangement with his creditors or becomes subject to administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise for the purposes of amalgamation or reconstruction) or an encumbrance takes possession or a receiver is appointed of any of the property or assets of the Customer or the Customer ceases or threatens to cease to carry on business or Staggeringly Good Brewery. reasonably apprehends that any of the above are about to happen, the Invoicer shall without prejudice to any rights in respect of any antecedent breach and if the goods have been delivered but not paid for the price shall become immediately due and payable. 12. VARIATION. Any variation of these terms must be in writing and signed by a director of Staggeringly Good Ltd. Clause headings are for convenience and shall not affect the interpretation of these conditions. 13. PALLET ORDER DETAILS. Minimum order for delivery – one full pallet, this can be mixed between kegs, cans, bottles if so desired. Stock can also be collected from the brewery subject to prior arrangement. 14. VAN ORDER DETAILS. Minimum order for delivery – we reserve the right to set minimum order quantities based on location. Stock can also be collected from the brewery subject to prior arrangement. 15. SALE OR RETURN. None of the goods are supplied on a sale or return basis unless by prior arrangement in writing. 16. DESPATCH – Despatch dates are approximate. If conditions arise which prevent compliance with despatch schedules the Seller shall not be liable for any damage or penalty for delay in despatch or for failure to give notice of delay, and such delay shall not constitute grounds for cancellation. Without limiting the generality of the foregoing, the Seller shall not be liable for delay by reason of inability, due to causes beyond its’ reasonable control, to obtain the necessary labour, materials or manufacturing facilities, or for delay due to force majeure, the elements, acts of the Purchaser, acts of civil or military authorities, priorities, fires, floods, epidemics, quarantine restrictions, war, riots, industrial disputes, accidents to machinery, transport delay or any other cause beyond the control of the Seller, whether or not similar to the foregoing . In such event, despatch dates shall be deemed to have been extended for a period equal to such delay. 17. LEGAL CONSTRUCTION – the contract shall in all respects be construed according to and governed by the laws of England. 18. DISCOUNTS – Any discounts are given on the basis of prompt payment. If for whatever reason payment is not made and the due date has passed, any discounts applied to the invoice will be removed and added onto the total cost of the bill.*
Privacy Policy and Cookie Policy
Please refer to our [policy-page]Privacy Policy[/policy-page] and [cookie-page]Cookies Policy[/cookie-page]. You agree that they constitute part of these terms. You must read our [policy-page]Privacy Policy[/policy-page] and [cookie-page]Cookies Policy[/cookie-page] before you use the Service.
Contact Us
If you have any questions about these Terms, please [contact-page]contact us[/contact-page].