This page tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.orkneybrewery.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 www.orkneybrewery.com is a site operated by Sinclair Breweries Limited (“we”). We are registered in Scotland under company number SC302746 and with our registered office and main trading address being at Cawdor, Nairn, IV12 5XP.
2. Service availability
Our site is only intended for use by people resident in the UK mainland. We do not accept orders from individuals outside those countries.
3. Your status
By placing an order through our site, you warrant that:
b) You are legally capable of entering into binding contracts;
c) You are at least 18 years old and can provide proof of the same upon request;
4. Consumer rights
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 9.
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 You will not have any right to cancel a Contract for the supply of any fresh food products.
4.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
5. Availability and delivery
5.2 Deliveries will be made to UK only.
5.3 All products must be signed for by an adult (aged 18 years or over) on delivery and if no one is present at the address when the delivery is attempted, the products will be retained by the driver. The driver will leave notification of delivery and customers should telephone us to re-arrange for the driver to return at a later time.
6. Risk and title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
7.1 The price of any Products will be as quoted on our site, except in cases of obvious error. These prices include VAT. Delivery costs are calculated separately.
7.2 Prices are liable to change at any time, but changes will not affect orders already placed.
7.3 Payment for all Products must be by credit or debit card. We accept payment with Visa / MasterCard / Delta. You cannot pay for your order by cash or cheque.
7.4 We reserve the right to terminate the Contract with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs. This will include an administration charge of £10.
8. Our refunds policy
8.1 When you return a Product to us:
a) Because you have cancelled the Contract between us within the cooling off period provided in clause 5.1 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the days you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for returning the item to us in its original condition and all postal costs or other costs incurred when returning the Product.
b) For any other reason (for instance because you claim that the Product is defective) we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the postal cost incurred by you in returning the item to us (provided that a receipt for such costs is provided).
8.2 Some of our products are fragile. While every care will be taken to deliver the goods safely, inevitably some breakages may occur. In this event we will replace the damaged goods or, if you prefer, give you a full refund.
8.3 All returned Products must be sent back using recorded delivery.
8.4 When returning goods please write the reason for your return on the back of your packing slip, wrap the packaging securely, enclose the packaging slip and send it to the address listed on the back of the slip. If you do not have a packaging slip, please send the packaging to: - Sinclair Breweries Limited, Cawdor, Nairn, IV12 5XP.
8.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Our liability
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product. We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.3 Clause 9.2 does not include or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We do not accept liability for any losses or costs incurred or sustained by customers in relation to the transmission of debit or credit card information pursuant to clause 8.4 above.
10. Intellectual Property
10.1 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us. You are permitted to use this material only for personal use in placing orders through us and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
11. Force Majeure
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; and (d) acts, legislation, regulations or restrictions of any government.
11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.2 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.3 All notices given by you to us must be given to Sinclair Breweries Limited, Cawdor, Nairn, IV12 5XP. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
12.4 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.6 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.7 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.8 We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
12.9 In addition we reserve the right to alter without notice prices and products before you place an order. Please note that products, shades and shapes may vary and that certain items displayed on the website have been used for photographic purposes only and may not be exact representations of the Product purchased.
12.10 Contracts for the purchase of Products through our site will be governed by Scottish Law.