Terms and Conditions
This page (together with the documents referred to in it) sets out the terms and conditions of use on which you make use of our site www.beermenow.co.uk (Site). Please read these terms carefully before you start to use the Site. By using our Site or placing an order, you indicate that you accept these Terms and Conditions of use, you are 18 years of age or older and that you agree to abide by and be legally bound by them. If you do not agree to these Terms and Conditions of use, please refrain from using our Site.
- "Beer Subscriber" means the individual or organisation subscribers who take up a subscription service from Beer Me Now (sometimes referred to as “you” or “your”).
- “Customer” means anybody who purchases from Beer Me Now including Beer Subscribers.
- “Beer Me Now” means Beer Me Now, a company registered in England.
- “My Account” area means the part of the Site where Beer Subscribers can manage their preferences and requirements.
- “Order” means any Products purchased by a Customer, either as a Subscription or a one-off purchase.
- “Products” means the products, including alcoholic beverages and beer gifts sold by Beer Me Now.
- “Site” means www.beermenow.co.uk
- “Working day” means any other day than a Saturday, Sunday or bank holiday
- Age Restriction
- You must be 18 years of old or older to buy any alcoholic beverages. By placing an Order with us you are confirming you are aged 18 or older.
- In accordance with the Licensing Act 2003 it is an offence for any person under the age of 18 to purchase, or attempt to purchase alcohol and the fine for such an offence is a maximum of £1,000.
- Any person over the age of 18 purchasing alcohol on behalf of any person under the age of 18 is subject to a maximum fine of £5,000.
- If you are buying alcohol for someone else the recipient must also be aged 18 or older.
- Beer Me Now will only supply alcohol beverages to you if you are over the legal age, which is 18 years old in the United Kingdom.
- It is also agreed as part of the Order that someone over the age of 18 will be available to accept delivery of alcoholic beverages at the delivery address provided for the Order.
- Beer Me Now does not accept any liability whatsoever for delivery acceptance by any person under 18.
- As part of your Beer Me Now monthly, bi-monthly or quarterly subscription, Beer Subscribers will receive a random selection of Craft beers, pale ales, porters, browns, ambers, sours, bitters, stouts and lagers in return for a monthly, bi-monthly or quarterly subscription fee.
- Beer Me Now may vary the terms of the proposition, including its composition and price, from time to time.
- All the latest prices and offerings are displayed on the site
- Beer Subscribers can change their membership preferences via their My Account area.
- Whilst Beer Subscribers can change their preferences Beer Me Now reserve the right to charge a cancellation fee to those Beer Subscribers who cancel before the end of their agreed term.
- If cancelling or pausing a membership, please notify us 7 days before your next payment is due to come out or you may be charged.
- After the first charge, subsequent subscription fees will be charged on or around the date outlined when you place your order.
- Advice about your legal right to cancel is available from your local Citizens' Advice Bureau or Trading Standards office.
- Referral programme
- Beer Me Now operate a refer a friend programme to reward existing beer subscribers for encouraging new members to join.
- If a beer subscriber refers a friend, their friend will receive an amount which Beer Me Now might vary from time to time off their first monthly subscription.
- The referrer and the referred must have different billing AND shipping addresses otherwise the amount off will not be credited.
- Beer Me Now reserve the right to cancel rewards without compensation at any time, if we suspect misuse of the referral programme.
- All orders for Beer Products shall be deemed to be an offer by the Customer to purchase pursuant to these Terms and are subject to acceptance by us.
- Beer Me Now may choose not to accept an Order for any reason. If we decline to accept your Order, we will attempt to notify you at the email address or mobile number you provided.
- Promotional and discount codes are not to be misused and can only be used once where specified where applicable and may not be combined with any other offers.
- Should an offer code be used more than once, or is deemed by Beer Me Now to abuse the fair usage policy then Beer Me Now can withdraw, withhold or cancel the promotional code at any time.
- Products displayed may be unavailable and hence substituted.
- All pricing is displayed on the Site.
- The price of any Products will be as quoted on the site from time to time, except in cases of obvious error.
- The price of the Goods and/or Services shall be that stipulated on the Site. The price is inclusive of VAT.
- The total purchase price, including VAT and delivery charges, if any, will be displayed in the Customer’s shopping cart prior to confirming the order. Delivery within Colchester and close proximity is FREE. Delivery outside close proximity to Colchester, Essex may incur additional delivery charges.
- Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of any service or further deliveries of Products until payment has been received.
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- By submitting your payment information to us, you authorise us to charge you via the applicable payment method at our convenience.
- You will be billed dependent upon your status (e.g. Beer subscriber or one off purchaser) and mode of purchase in accordance with these Terms or any contract agreed.
- For any other agreed contract, we will take payment based upon your agreed Membership type, as applicable until such time as you cancel your membership.
- You represent that you will not use any form of payment unless you have all necessary authorisation to do so.
- To pay for an Order, you will need to provide Beer Me Now with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such order.
- Payments will be accepted by debit or credit card – Stripe, Mastercard, Visa, Visa Debit/Delta and Visa Electron, American Express, PayPal, Apple Pay.
- Beer Me Now standard payment terms are rolling monthly but Beer Subscribers purchasing subscriptions longer than one month in advance will receive discounts outlined on the Site.
- We can only accept payment in Pounds Sterling.
- In the unlikely event that your payment card is used fraudulently to make a purchase with Beer Me Now, you, the consumer, are entitled to cancel any payment(s) made.
- If payment has already been made, a Customer is entitled, in accordance with the standing Consumer Protection (Distance Selling) Regulations 2000 (as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005) (together “the Distance Selling Regulations”), to a re-credit or to have all sums returned to you by the card issuer.
- Where we have validly taken payment in consideration of providing Products under this contract and where the Customer obtains a repayment from their credit card provider (“also known as a Charge Back”), notwithstanding such Charge Back, the Customer shall remain liable to us for such sums save where the Customer has returned the Products to us in the specific circumstances permitted by these Terms.
- A Customer receiving a Charge Back shall be liable to pay us an administration charge of £20 each month until we receive payment in full where the Charge Back represents a breach of these Terms.
- If we are unable to supply you with Goods, for example because those Goods are not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
- You are also required to approve the Standard Terms and Conditions of Shopify Payments (“Shopify Pay Terms”) and the Standard Terms and Conditions of Stripe (“Stripe Terms”) when setting up payment details.
- The Shopify Pay Terms / Stripe Terms are incorporated in to these Terms so far as they are compatible and consistent with these terms.
- Beer Me Now aim to deliver all Orders with their own personal couriers
- Please ensure you are clear when you place an order that the order will be delivered at a set date.
- In the very unlikely event that an order is returned to us in the event of numerous failed attempts by our courier team then the Customer will get a refund for the Products minus a handling charge of £5.00. This charge is at our discretion.
- Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Customer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
- Beer Me Now shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- Delivery of the Products shall be made to the Customer’s address specified in the order and the Beer Subscriber shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
- Risk in the Products shall pass to the Customer upon delivery of the Products, or where the Beer Subscriber fails to take delivery at the agreed time, at the time delivery was attempted.
- Title in the Goods shall not pass to the Customer until products have been delivered.
- Performance of Services
- Beer Me Now shall perform the Services with reasonable skill and care. However, where applicable, Beer Me Now does not guarantee that the services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the services will be complete, accurate, up to date, received or delivered correctly or at all.
- Beer Me Now may have to suspend the services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.
- The Products and services available on the Site are provided on an “as is” basis.
- Beer Me Now does not represent that the information contained in this Site is accurate, comprehensive, verified, complete or error free.
- Rights of Supplier
- We reserve the right to periodically update prices on the Site, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which the Customer places an order.
- We reserve the right to withdraw any Products from the Site at any time.
- We reserve the right to withdraw or suspend any promotional or offer code at any time.
- We shall not be liable to anyone for withdrawing any Products from the Site or for refusing to process an order.
- The Customer agrees to indemnify and hold Beer Me Now (and its officers, directors, employees, agents and suppliers) harmless from any claim or demand, including reasonable legal fees, or arising out of or related to your breach of this Terms, or your violation of any law or the rights of a third party.
- In the event of any missing items or breakages we must be notified within 48 hours of receipt of products, either by email or through the site, where we will rectify the problem as soon as possible. After this this period, no action will be taken.
- As the nature of our products is perishable, we can only accept returns for exceptional circumstances and, where exceptional circumstances are agreed returns must be made within 7 days of you receiving your order.
- No products can be returned if they have been opened, resealed, damaged or used.
- When returning any products, your box must be packed securely and include your Beer Me Now order number, full name and delivery address along with your return.
(i) We will not be able to refund your box if we cannot identify your Beer Me Now account.
- You will remain responsible for your box and all costs incurred until we have collected it.
- A refund or replacement order from us will only take place or be sent where your original order is lost or damaged.
- We will not be held responsible if the Customer has inputted an incorrect address and their order has been shipped there, nor will we be responsible if a Customer has processed an incorrect number of orders.
- We will refund you using the same payment method applied by you in Clause 7g. If you used vouchers to pay for the Products we may refund you in vouchers.
- Our Liability
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Except as provided for in clause 15c we do not accept liability for
(i) loss of business, profits, revenue, anticipated savings, (even where the same arise directly from a breach of these Terms;
(ii) special, indirect or consequential losses, even if foreseeable by or in the contemplation of Beer Me Now; or
(iii) any claim made against the Customer by any other person
- Except as provided in clause 15d Beer Me Now’s total liability in respect of any one claim shall not exceed the total amount being paid under any Subscription. If a number of defaults give rise to substantially the same loss or are attributable to the same or similar cause, then they shall be regarded as giving rise to only one claim. Beer Me Now will be afforded a reasonable opportunity to remedy any such default.
- We do not in any way exclude or limit our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(v) defective Goods under the Consumer Protection Act 1987.
- Limitation of Liability
- Beer Me Now excludes all liability whether in contract or in tort (including negligence), to the maximum extent permitted by law, as to the compatibility, security, quality or fitness for purpose of any content or any Products available on this Site.
- Beer Me Now will not be liable for any losses sustained and arising out of or in connection with use of this Site including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss.
- Beer Me Now will not be liable for including but not limited to viruses, electronic interruption Trojan horses caused by use of the Site.
- Beer Me Now assumes no liability for the contents of any other Site you may access from our Site.
No waiver by Beer Me Now (whether express or implied) in enforcing any of its rights under these Terms shall prejudice its rights to do so in the future.
Beer Me Now shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Beer Me Now shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes to Terms
- Beer Me Now shall be entitled to alter these Terms at any time but this right shall not affect the existing Terms accepted by the Customer upon making a purchase.
- If Beer Me Now makes a material change, we will notify you, by email, by means of a notice on our home page, or other places Beer Me Now deems appropriate.
(i) What constitutes a “material change” will be determined at Beer Me Now’s sole discretion, in good faith, and using common sense and reasonable judgment.
- We may transfer our rights and obligations under any contract or agreement to supply to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
- Each right or remedy of the Beer Me Now under these Terms is without prejudice to any other right or remedy of Beer Me Now whether under these Terms or not.
- If any provision of these Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Terms and the remainder of such provision shall continue in full force and effect.
- The parties to these Terms do not intend that any term of any contract or Subscription will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party shall survive the expiration or termination of these Terms.
- These Terms including, without limitation, any other terms and conditions that may appear on the Site from time-to-time (for example, the shipping policy, return policy, and information regarding items and orders) contain the full understanding and agreement with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site.
- We may provide notice to you relating to the Site and/or these Terms by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.
- If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.
- Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
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