Terms & Conditions
TERMS & CONDITIONS OF SALE
1.1 The Brewery is Moncada Brewery Limited, Company Number 07302207 whose registered office address is 3rd Floor, North Dukes Court, 32 Duke Street, London SW1Y 6DF
1.2 The Customer is the person; firm or company purchasing Goods from the Brewery under an Order confirmed by the Brewery
1.3 An Order is a request for the supply of goods made by the Customer to The Brewery
1.4 The Product List is the Brewery’s list of goods as varied from time to time
1.5 Products are goods requested by a Customer under an Order confirmed by the Brewery
1.6 An Insolvency Event occurs if:
- the Customer is unable to pay its debts as they fall due; or
- the Customer is deemed unable to pay its debts within the meaning of s.123 of the Insolvency Act 1986; or
- the Customer proposes or enters into any compromise or arrangement in relation to sums owed to any of its creditors; or
- a petition is filed; a resolution passed or an order is made for the winding up of the Customer.
2.1 It is an offence for any person under the age of 18 to buy or attempt to buy intoxicating drinks. By making an Order the Customer warrants that the goods are ordered by a person aged 18 or over and for persons aged 18 or over.
2.2 All goods on the Product List are offered for sale:
- subject to availability; and
- subject to acceptance by the Brewery of any Order.
2.3 An Order will only be accepted if the Brewery has confirmed acceptance to the Customer. Orders from SIBA will be accepted by posting the same into the Brewery’s order processing software.
3.1 Whilst the Brewer will endeavour to supply goods ordered on or before any date stipulated for delivery all such dates are estimates only and time will not be of the essence unless the parties agree otherwise in writing. Any delay in delivery will not entitle the Customer to refuse to take delivery of and/or refuse to pay for Products ordered by the Customer.
3.2 All kegs; casks and other containers and associated materials are and remain the property of the Brewery unless agreed otherwise in writing.
3.3 The Customer shall make any and all such materials available for collection at such times as the Brewery shall reasonably request. If the Customer fails to do so the Customer will pay to the Brewery a price to replace any packaging materials not recovered.
4. ACCEPTANCE AND REJECTION
4.1 The Customer shall be deemed to accept all Products delivered unless the Customer:
- notifies the Brewery in writing not more than 3 business days after Delivery; and
- endorses upon the relevant delivery note all details of alleged defects or grounds for rejection; and
- retains the relevant Products and packaging materials for inspection.
4.2 The Brewery may at its discretion replace the rejected Products; issue a credit note or repay the price of any Products rejected. The Brewery will have no further liability to the Customer.
4.3 The Customer will pay for all Products wrongly rejected including all shipping costs incurred in relation to their delivery and return.
5. TITLE AND RISK
5.1 Risk shall pass to the Customer on Delivery but title shall not pass until the Brewery has been paid in full for any relevant Products.
5.2 If before title passes to the Customer an Insolvency Event occurs (and if such Products have not been resold) without prejudice to any other right or remedy the Brewery may have the Customer will deliver up such Products to the Brewery and if the Customer fails to do so forthwith upon request the Brewery is entitled to enter the premises upon which the relevant Products are stored to recover them.
6.1 Save as set out above all warranties, conditions and other terms implied by statute or the common law are excluded to the fullest extent permitted by law.
7.1 All prices are exclusive of VAT which must be paid at the prevailing rate applicable as at the time of delivery.
7.2 All prices are quoted net of the cost of delivery.
8.1 Unless previously agreed in writing, the Customer will pay all sums due to the Brewery in full and in cleared funds within 30 days of invoice. If payment is to be made by BACS or online transfer, the sums are to be paid to the following bank account:
A/C Name: Moncada Brewery Limited
A/C Number: 48078549
Sort Code: 60-13-33
8.2 Without prejudice to any other claims that the Brewery may have in the event of non-payment:
- The Customer agrees to pay interest on any sum overdue at the rate of 8% per annum above the Bank of England’s base rate with interest accruing daily until the outstanding sum is paid in full, and the Brewery may set off any amounts owed to it by the Customer against any amounts payable by it to the Customer.
9. LIMITATION OF LIABILITY
9.1 Nothing in these Terms shall limit or exclude either party’s liability for:
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation;
- any breach of s.12 of the Sale of Goods Act 1979; or
- any breach of s.2 of the Consumer Protection Act 1987.
9.2 Without prejudice to clause 9.1 the Brewery shall not be liable to the Customer whether in contract, tort (including negligence) or otherwise howsoever for any loss of profit, goodwill, business opportunity or any other consequential damage.
9.3 Without prejudice to clause 9.1 or clause 9.2 the Brewery’s liability to the Customer shall not exceed the value of the Products delivered under any relevant Order.
10.1 If any part of these Terms is held to be unenforceable all other provisions shall remain in force.
10.2 Any variation to or waiver of these Terms must be agreed in writing, and any failure by the Brewery to exercise any right under these Terms shall not preclude any future exercise of that right.
10.3 Any person not a party to an accepted Order shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the agreement between the Brewery and the Customer.
10.4 These Terms comprise the entire agreement between the parties and replace any previous arrangement; agreement; terms and/or conditions asserted by either party.
10.5 Any dispute or claim arising from of or in connection with these Terms or any Order shall be governed by and construed in accordance with English law and resolved under the exclusive jurisdiction of the courts of England and Wales.
Delivery Terms & Conditions
This agreement prevails over any other terms or conditions contained, or referred to, in the confirmation of Order, promotional materials, or any other document supplied, or implied by practice, or course of dealing.
There will be no contract of any kind between You and Us until We process Your Order and take payment. At any point up until then, We may decline to supply the Goods to You without giving any reason. Once You have received Our Order acknowledgment You should check and ensure that the Goods & delivery mentioned are those that have been ordered. Should there be any discrepancy You should inform Us within 24 hours of placing the Order by phone or email after which a contract will come into existence between You and Us and Goods will be delivered.
For expedited deliveries, should delivery already have been made within 24 hours, then it is Your responsibility to ensure that the Goods delivered are as per the order.
2. Detail of Goods offered
The price, quantities, type, discounts applicable and delivery are detailed via Our website or price list.
Other services such as brewery tours, tastings and consultations will be made by appointment at mutually agreed times and if applicable negotiated cost.
Delivery of Your Goods maybe by a 3rd party courier as detailed on the Order acknowledgment to one preferred delivery address as agreed at the point of placing your order. Please call to discuss a surcharge for delivery to anywhere else in the UK (including the Scottish Highlands and Islands, Northern Ireland, The Isle of Man, The Scilly Isles and the Channel Islands) as well as outside the UK.
Our delivery agent normally delivers Monday to Friday, between 9 am and 5 pm. If You are not in at the time of delivery Our delivery agents may leave the Goods at an alternative address provided You have instructed Us to do this at the time of arranging delivery. Otherwise, our delivery agent will leave a card for You to arrange a more convenient delivery time. Please enquire should a Saturday delivery be required as an additional surcharge may apply.
All goods must be signed for on delivery by an adult aged 18 years or over (see clause 6 for further information). If no one of that age is at the address when the delivery is attempted the Goods may be retained by the delivery agent, in which case the delivery agent will leave notification of attempted delivery. In these circumstances, if We have to re-deliver the Goods, a further delivery charge may become due and payable by You.
It is Your responsibility or Your representative (see also clause 4.3) to inspect the goods at the time of delivery and report any damages or incomplete deliveries subject to clause 4.7. See also clause 9 for more information on Our returns policy.
You are welcome to collect Your Goods in person at a mutually agreed time as agreed at the time of Order. Should You do this, then no delivery charges will be incurred.
We reserve the right to make delivery in installments to You. If We choose to do so, this will be at Our cost and We will notify You beforehand.
Once Your Goods have been delivered and signed for in accordance with Your original delivery instructions, it becomes Your, or Your designated recipient’s, responsibility from the point of delivery. We will not be liable for stolen Goods once they have been delivered and signed for. This does not affect Your right to replacement Goods if any of the Goods are damaged (see clause 9 for further information).
4. Prices and Payment
In the event that We mistakenly list any Goods at an incorrect price, We reserve the right to refuse or cancel any orders placed for the Goods listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been processed and Your credit/debit card charged. If Your credit/debit card has already been charged for the Goods and Your Order is canceled, We shall issue a credit to Your credit/debit card account to the amount of the incorrect price only.
All prices are quoted in pounds sterling (unless otherwise specified) and include duty (unless otherwise specified). Value-added tax (VAT) is detailed on any invoice provided. Any delivery charges will be to specified addresses within England and Wales. Additional charges apply for delivery outside of this (see clause 4.1 for further details).
A VAT invoice will be either be sent with the delivery or sent separately to You once delivery has been made.
Payment is to be made prior to delivery for all Orders received through Our website. Should You wish to set up a trade account with us, please contact us.
We accept payment by credit and debit card through BACS only. Should You wish to pay by alternative means such as credit/debit card or cheque then please contact us.
5. Age Restriction
We will not sell beer to anyone who is not 18 years old or over. By placing an Order You confirm that You are at least 18 years old.
If You are buying a case of beer as a gift – the recipient must also be over 18 years old.
If Our delivery agents are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the wine is unable to produce appropriate ID, unfortunately, Our delivery agents will be unable to leave the delivery (also see clause 4.3).
6. Data Protection
By providing Your details to Us, You are consenting to us maintaining, recording, holding and using the information You give Moncada Brewery at the time of Order to process Your Orders, to improve Our service to You and inform You of promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
We will not pass Your details to any third party without Your permission, other than where We have to do so to get Your Goods to You. From time to time, We may send You information regarding Our beer and other information about Us and Our products, services, and offers, unless You have told Us not to do so by emailing Us at email@example.com.
7. Acceptance & Cancellations
Following receipt of the Order We will process it and take payment (see as well clauses 2.2 & 2.3) unless you have a credit account set up.
We reserve the right to cancel any uncompleted order, or suspend delivery, if You fail to observe or perform any obligation on the Your part that should be observed and performed, or if We reasonably believe that in all the circumstances that You may do so.
You may cancel Your Order within 24hrs of placing it or prior to dispatch and be entitled to a full refund. In Order to cancel an Order, You must contact Moncada Brewery via email (firstname.lastname@example.org) or by telephoning the brewery on (+44 (0)20 8438 6666 ). Should You cancel an Order after dispatch You must return the Goods in exactly the same condition as they were dispatched. On receipt of the returned Goods in a satisfactory condition, a refund minus the cost of delivery and/or collection will be made. Should You fail to return the Goods in a satisfactory condition within 14 days from the date of cancellation the Goods will be deemed to have been accepted. If the Goods are returned in an unsatisfactory condition or beyond 14 days We reserve the right to offer zero or partial reimbursement.
We reserve the right to cancel at any time Your Order for any reason up to delivery of the Goods.
You should ensure that all bottles, cans, kegs and casks are carefully inspected on delivery, as We will not consider any claims for breakages unless the breakage is stated on the delivery documentation.
If some or all of your delivery are broken, missing or spoiled when they are delivered You should notify Us by email (email@example.com) or telephone within 24hrs of delivery and We will replace any damaged or missing items.
Any items collected by our carrier must be in their original box to avoid further breakages, where possible.
Nothing in clause 9 shall affect Your rights under law as a consumer.
We warrant that the order will be of satisfactory quality and fit for their general purpose. Given the distinct nature of beer, do remember that their maturation is a variable process and some beers may no longer be at their peak at their time of consumption. Should this be the case, it will not amount to a breach of warranty. Should You find that Goods have spoiled within this period, You should contact Us for a replacement subject to clause 10.2.
beers should be stored and handled in an appropriate way. We recommend storage temperatures of between 10-16 degrees and out of direct sunlight. Should You be unable to show that these guidelines have been followed We reserve the right refuse replacement.
10. Limitation of Liability
Except in the case of death or personal injury due to negligence or fraudulent misrepresentation for which no limit shall apply the limitation of Our liability to You for direct loss or other loss within the reasonable contemplation of the parties at the time of Your Order will be limited to total price paid in respect of any one event or series of connected events.
Save as provided in clause 9, We shall not be responsible to You for any indirect consequential or economic or special loss or damage whatsoever or for any loss of business, loss of contracts, loss of profits or use, any deletion, corruption, destruction or loss or removal of data, loss of goodwill or loss of reputation or any financial loss.
You should also be aware of the following inherent risks and warnings:
Any alcohol should be consumed in moderation.
Please take extra care should be taken when lifting your delivery.
We will not be responsible for spillages that occur once delivery has been made.
The Goods are at Your risk from the time of delivery
If for any reason You do not accept delivery of the Goods when they are ready for delivery, or We are unable to deliver the Goods on time as a result of You not providing appropriate instruction then:
The Goods shall be deemed to have been delivered on a specified delivery date on the Order or Order confirmation.
The risk in the Goods shall pass to You at that time and We may store the Goods until delivery and You will be liable for all related additional costs and expenses such as, but not limited to, storage and insurance.
Title and property in the Goods shall not pass to You until We have received full payment (as cleared funds) on all sums due including any sums due on account or interest on sums due.
We shall not be liable for any delay in or for failure to perform obligations if that delay or failure is caused by circumstances beyond Our control such as, but without limitation, any strike, lock-out or other form of industrial action, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or Act of God, difficulty or increased expense in obtaining staff, materials, goods or raw materials, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
This Agreement does not confer or purport to confer on any third party any benefit or any right to enforce any term of this agreement.
These terms supersede any previous terms and conditions and We reserve the right to modify these terms and conditions at any time and in any way. It is Your responsibility to read these terms prior to entering into any contract.
The sale of the Goods takes place only when specific Goods are appropriated to the contract.
If any court rules that any of the provisions included in these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions shall be subject to English law and the exclusive jurisdiction of the Courts of England and Wales. Here are Our details should You want to contact Us: firstname.lastname@example.org www.moncadabrewery.co.uk
No amendment of variation of these Terms and Conditions shall be effective unless in writing and signed by a duly authorised representative of all of the parties.