Terms and Conditions
Privacy Notice Dated April 18th 2018
This website is owned and maintained by Cullercoats Brewery Limited Unit 19 Maurice Road Industrial Estate, Wallsend, NE28 6BY. We are responsible for the collection and proper management of any personal information you give to us. We will keep your personal details secure and use the information you provide consistently with applicable privacy and data protection laws and the terms of this Privacy Notice.
What information do we collect?
The information we collect and hold is likely to include your name, contact details, information about your organisation. Also, any additional information we may need to help meet your specific requirements.
We will always process your personal information on lawful grounds and in particular on the grounds set out below:
Performance of a Contract/Service – if we supply goods or services to you we need to be able to contact you and to record any work performed for invoicing purposes. This information includes your name, contact details and payment details. It will also include information about your business and anything else we may need to help meet your specific requirements.
Legitimate Interest – on the basis that it is in our legitimate interest to do so, we may use your name and contact details to tell you about our own products and services which we think may be of interest to you. You can ask us to stop doing so at any time.
Legal Obligation – we may also disclose your personal data without your permission to the extent that we are required to do so by law or regulation.
Updating your preferences
If you would like to change any of your preferences relating to the way in which we may use your information for direct marketing, then please send an email to Cullercoatsbrewery@gmail.com or contact us on 07837 637 615
How long will we hold your information for?
We have a system of retention periods in place to ensure that your information is only stored whilst it is required for the relevant purposes or to meet legal requirements. Where your information is no longer required, we will ensure it is disposed of or deleted in a secure manner.
Your rights – you have the right to ask us at any time:
to confirm whether we hold any of your personal data;
to send you a copy of any personal data that we hold about you;
to correct any inaccuracies in your personal data and to add relevant details where the personal data we hold is incomplete;
to delete (to the extent possible) any of your personal data, where we are required by law to do so;
to stop processing your personal data, where we are required by law to do so;
to let you have a portable copy of the personal data we hold about you, where we are required by law to do so;
to stop processing any of your personal data that we process on the basis of our legitimate interests; and
to stop sending you marketing material. However please note that we may continue to send you service-related (i.e. non-marketing) communications.
Where we process your personal data on the basis that you have given us your consent to do so then you may contact us at any time to withdraw your consent.
If you wish to exercise any of these rights, or if you wish to object to our use of your personal information, please write to us at the address given above, or e-mail us at cullercoatsbrewery @gmail.com
Does the notice apply to linked websites?
Our website may contain links to other websites. This privacy notice only applies to this website so when you link to other websites you should read their own privacy policies.
When do you monitor telephone calls? We do not monitor telephone calls.
Who can I contact if I have queries about this privacy notice?
You can contact us directly if you have any questions about our privacy notice or information we hold about you, by writing to us at the above address, or by e-mailing us at cullercoatsbrewery @gmail.com
If you are dissatisfied with our handling of any complaint you also have the right to raise concerns with The UK Information Commissioner: https://ico.org.uk
Use of Cookies
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.”
Cullercoats Brewery is approved by HMRC to carry on a controlled activity. It is registered under the Alcohol Wholesaler Registration Scheme under AWRS registration no XAAW00000100295
Contract information
If you would like to buy any Goods on this Website, please click on ‘Place Order’. This will be an offer from you to buy the Goods. We reserve the right to reject any offer received from you. If we accept your offer, we will notify you. A legally binding contract will be formed between us at the time of sending the notification to you. You agree to be bound by the terms and conditions set out below. We may vary our terms and conditions at any time.
1. Conditions
All orders are accepted by us (“the Company”) subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and you (“the Customer”) or set out in the Customer’s standard terms and conditions. If there is any conflict between the other provisions of this Web Site and these Conditions; or the provisions of your order and these Conditions then, unless the Company otherwise agrees in writing, these Conditions will prevail. Together with any terms accepted by the Company in writing in connection with your order, these Conditions constitute the entire agreement between the Company and the Customer. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Company.
2.Prices
Prices are in £ sterling, inclusive of VAT. Payment will be by paypal or bank transfer or cash on delivery only. We do not accept Amex. The Company has used all reasonable endeavours to ensure that prices are accurately set out in the Web Site but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when your order is accepted.
3. Payment
Payment is due in cleared funds prior to despatch of Goods.
4. Orders
The Company reserves the right to decline to trade with any company or person. Without prejudice to the generality of the foregoing, the Company adopts the following policy at all its delivery/collection points: CHALLENGE 21: You must be 18 or over to buy alcohol. You must not buy alcohol on behalf of under 18’s. We apply “Challenge 21” policy to all delivery and collection orders. We will not supply if the person receiving or collecting orders appears under the age of 21.
5. Delivery
The Company will use reasonable endeavours to despatch Goods ordered before 12 noon Monday to Friday on the next working day, but this is subject to change by notice on our webshop to account for staff holidays/absence or by email on receipt of your order. This is provided that the Goods are in stock.
Where Goods ordered are not in the catalogue or are non-stock items, it may not be possible for the Company to arrange same or next day working dispatch, but the Company will make reasonable endeavours to notify the lead times for Goods, where known.
Delivery will be made to the address specified by the Customer. Please note due to courier charges and weight of parcels we cannot deliver to the Scottish Highlands and Islands, which couriers consider outside mainand UK postcodes, namely these destinations: IV, HS, KA27-28, KW, PA20-49, PA60-78, PH17-26, PH30-44, PH49-50, ZE and to Northern Ireland, Isle of Man and Isles of Scilly Postcodes: BT, IM, TR21-25.
The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates, but in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.
6. Inspection, defects and non-delivery
The Customer must inspect the Goods as soon as is reasonably practicable.
The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods unless written notice is given to the Company within 3 working days of the date when Goods should have been delivered. The liability of the Company for non-delivery or non-performance or for Goods notified as defective will be limited to replacing the Goods in question, or to refund the price paid for the relevant Goods.
7. Returns and refunds.
Prior to returning any Goods to the Company for any reason, the Customer must contact the Company to obtain a returns authorisation number (‘RAN’). All Goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return.
To be accepted for return on this basis, Goods should be returned with a RAN, undamaged by the Customer and in their original packaging.
Any goods so returned will be subject to a handling charge of 20% or £10 whichever is greater. Refunds will be processed within 10 working days.
8. Distance selling regulations
If the Customer is buying as a ‘consumer’, as defined in The Consumer Protection (Distance Selling) Regulations 2000, the Customer may, provided he or she has taken reasonable care of the Goods, return the Goods and be repaid the price paid in respect of them within 7 working days (excluding Saturday and Sunday and any UK Bank Holiday) after their delivery. To return Goods on this basis, the Customer must notify the Company in writing and return the Goods, in their original packaging, within the 7 day period. Returns should go to the address of the Company quoting the Customer’s account number and order number. Goods should be returned with proof of posting and the Customer is responsible for payment of all postage costs. In respect of certain Goods the Company may prefer to arrange collection itself. It this is requested, the Customer will allow the Company to collect the Goods and will assist in the arrangements for the Goods’ collection. All reasonable costs of collection will be borne by the Customer. The Customer is responsible for the care and custody of the Goods pending their return or collection. Following receipt of Goods which comply with this Condition, the Company will refund to the Customer the price paid in respect of the Goods less any costs of collection.
9. Description
All specifications, drawings, illustrations, data sheets, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation wherever they appear, (including on despatch notes, invoices or packaging) are intended to give a general idea of the Goods, but will not form part of the Contract.
10. Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company’s carriers at the Customer’s premises. Ownership of the Goods shall pass at the same time the Goods are unloaded, even if left in a safe place or with a neigbour, as requested by the customer.
11. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Goods to comply with such criteria, whether attributable to the Company’s negligence or otherwise. The responsibility for ensuring that Goods are sufficient and suitable for a particular purpose is the Customer’s unless specifically stated in writing by a director of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer’s risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 13, the liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Goods or, at the Company’s option, the supply of replacement Goods.
12. Warranty/Guarantee
The Company will, free of charge, repair or, at the Company’s option, replace Goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design.
This obligation will not apply:
if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
because the Customer did not follow the manufacturers’ instructions for storage or usage of the Goods;
if the Customer has failed to promptly notify the Company of any defect where the defect should have been reasonably apparent on reasonable inspection; or
if the Customer fails to notify the Company of the defect within 1 month (or such other period as the Company shall specify at the time of acceptance of the order) of the date of despatch of the Goods.
Any replacement made will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Goods. Any Goods which have been replaced will belong to the Company.
The Customer grants to the Company and its employees, agents and representatives a right to enter onto its premises to effect any replacement.
The Company’s sole obligation and liability, should any Goods prove damaged or defective shall be limited to, at the Company’s option, the replacement of the relevant Goods or the refund of the price paid for the relevant Goods.
The Company’s sole obligation and the Customer’s sole remedy for damaged or defective Goods is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) and all such representations, conditions and warranties are excluded.
13. Exclusion of Liability
The Company does not exclude its liability to the Customer:
For breach of the Company’s obligations under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
For personal injury or death arising as a result of the Company’s negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or
For fraud.
The Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
Any of the Goods, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Goods by the Company or on the part of the Company’s employees, agents or sub-contractors;
Any breach by the Company or any of the express or implied terms of the Contract;
Any use made or resale or on-supply of any of the Goods or any product incorporating any of the Goods or developed using the Goods;
Any acts or omissions of the Company at the Customer’s premises;
Any statement made or not made or advice given or not given by or on behalf of the Company, including as to compliance with legislation or regulation; or
Otherwise under the Contract.
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.
The Company’s total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to r replacing Goods or, at the Company’s option, refunding monies already paid in respect of the Goods.