TERMS AND CONDITIONS
1. ABOUT US
These terms and conditions (the “Terms and Conditions”) apply to any purchase made by you through our website. We operate the website WWW.TICK.BEER (the “site”). TICK.BEER is a trading name of Forest Wholesale, an HMRC registered cask ale and cider wholesaler (registration number XFAW00000103094) with VAT number 981 9205 94
These Terms apply to you as a consumer, which is a private individual purchasing goods from us.
If you do not agree with any of these Terms and Conditions, please do not proceed to make a purchase on our website. These Terms and Conditions were last updated on 13th January 2021. Any changes to these Terms and Conditions will be published on our website, and so you should check for updates regularly before making purchases.
2. CONTACTING US
2.1 You can contact us using any of the following methods: email us at firstname.lastname@example.org or call us 07534 143916. Lastly, by you writing to us at Unit 2 Enterprise Park, Piddlehinton, Dorchester, Dorset DT2 7UA
2.2 If you are contacting us to cancel a Contract in accordance with your legal right to do so as set out in Clause 8, the easiest way to do this is to e-mail us at Forestwholesale@yahoo.co.uk If you are emailing or writing please include details of your order to help us to identify it.
2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. AGE REQUIREMENTS
4.1 To purchase alcohol from our website, by law you must be of legal drinking age (18 in the UK).
4.2 We are not allowed by law to supply these products to you if you do not satisfy legal age requirements. If you are under age please do not attempt to order age restricted products through our website and cease to use the website immediately
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time and your continued use of the site following any changes shall be deemed to be your acceptance of such change. These terms were most recently updated on 13th January 2021.
5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. You should print a copy of these Terms or save them to your computer for future reference.
5.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6. OUR PRODUCTS
6.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
6.2 The packaging of the Products may vary from that shown on images on our site.
6.3 We reserve the right to change or withdraw products offered by us and that are displayed on our site without notice.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation. You are entitled to amend your order after it has been placed but before the Dispatch Confirmation is sent. If you wish to amend your order please e-mail Forestwholesale@yahoo.co.,uk
7.4 If WE are unable to supply YOU with a Product for any reason. or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in Clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 You have a legal right to cancel a Contract. This means that if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 This cancellation right may not apply in the case of personalised Products.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days from this date
8.4 To cancel a Contract, you just need to let us know that you have decided to cancel. If you are e-mailing or writing to us please include details of your order to help us identify it. If you send your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send the e-mail or post the letter. For example, you will have given notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail before midnight on that day.
8.5 If you cancel your Contract we will:
8.5.1 refund you the price you paid for the Products. Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (for example if you open the packaging). We will only process a refund once the products have been returned, at your cost, or satisfactory photographic evidence has been supplied;
8.5.2 only refund any delivery costs you have paid in the event of products not meeting the required standards
8.5.3 make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Product back from you or the satisfactory photographic evidence to support your claim
8.6 We will refund you on the credit card or debit card used by you to pay
8.7 If a Product has been delivered to you before you decide to cancel your Contract:
8.7.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and
8.7.2 unless the Product is faulty or not as described (in this case, see Clause 9), you will be responsible for the cost of returning the Products.
9. NON-CONFORMING GOODS
9.1 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are set out below and are in addition to your right of return and refund in Clause 8 above or anything else in these Terms.
9.2 If you receive a Product that is faulty or mis-described you have a legal right to reject the Product or request a replacement. If you wish to reject the Product or request a replacement you will need to contact us . You have 30 days from the date of delivery of the Product in which to contact us to reject or request a replacement to the faulty or mis-described Product.
9.3 If you have requested a replacement to a Product we will use our best efforts to complete the replacement as soon as possible and with the least inconvenience to you.
9.4 If you have returned the Products under this Clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item.
9.5 Further advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.1 We will contact you with an estimated delivery date, which will be within a maximum of 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 16 for our responsibilities when this happens.
10.2 If no one is available at your address to take delivery, the delivery driver may attempt to leave it in a safe place or with a neighbour. If this is not possible, a card will be left with details of any rescheduled delivery date (if applicable) or alternatively how to collect or rearrange your delivery. Should any order be returned to us and you made no attempt to contact us or the courier regarding delivery, we will be entitled to charge a standard delivery charge to re-send the order.
10.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave (or other address in accordance with Clause 10.2) and the Products will be your responsibility from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
10.5 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away and you will be refunded the cost of the products and delivery charges
10.8 We do not accept any responsibility for delayed or failed delivery of a Product which results from your failure to provide correct address information. If a Product is returned to
11. INTERNATIONAL DELIVERY
Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.5.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
12.5.2 if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13. DISCOUNTS, VOUCHERS and PROMOTIONS
13.1 Any promotions, discounts or vouchers (“Offers”) are single use only and not to be used in conjunction with any other Offer unless otherwise stated.
13.2 Offers are available only while stock lasts.
13.3 We reserve the right to withdraw or terminate any of our Offers at any time, either as a whole or for specific delivery areas or customers. If this happens, then the Offer may not be used for any orders placed after the date of withdrawal or termination.
13.4We may from time to time run different Offers, with different terms (including amounts, types and expiry dates). We reserve the right to limit the applicability of any particular Offers to specific regions or delivery areas. Different Offers may be run simultaneously but cannot be used in combination with each other unless explicitly allowed.
13.5 We reserve the right to reject the use of an Offer where fraud or breach of these Terms is suspected.
14. HOW TO PAY
14.1 You can only pay for Products using a debit card or credit card via the secure PayPal portal. When you use a credit or debit card you are confirming that you are either the card holder, or that you have permission from the card holder to use the card to order from us.
14.2 Payment for the Products and all applicable delivery charges is in advance.
14.3 All payments are managed securely by our trusted third party payment provider.
15. OUR LIABILITY
15.1 If we fail to comply with these Terms or we act negligently, 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. The maximum amount we are liable for is the cost of the Products plus any relevant delivery charges.
15.2 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.
15.3 We do not in any way exclude or limit our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 fraud or fraudulent misrepresentation;
15.3.3 any other liability which we are not allowed to exclude or limit by law.
16. EVENTS OUTSIDE OUR CONTROL
16.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 16.2.
16.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in one of the ways set out. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16.5 We reserve the right to cancel an order, end a Contract, refuse to deliver a Product and inform law enforcement agencies in circumstances where we consider (acting in our absolute discretion) that you are attempting to obtain a Product using fraudulent means, to commit any other type of fraud or to otherwise break the law or breach these Terms.
16.6 References in this Clause 16 to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of the Contract. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance of the Contract (or that you have frustrated or hindered that performance), we may (though are not required to) treat the order as cancelled, end the Contract and notify you in writing.
17. ACCEPTANCE OF TERMS AND CONDITIONS
Your access to and use of the site is subject exclusively to these Terms. You will not use the site for any purpose that is unlawful or prohibited by these Terms. By using the site you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms you must immediately stop using the site and any Services.
18. THE SERVICES
18.1 We may make changes in the information and content included in this site and any time without notice. We shall not be responsible for any detrimental reliance you may place on this site or its contents.
19. ACCEPTABLE USE
19.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Tick.Beer will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
19.2In using the site and/or Services you agree not to:
19.2.1 use this site for anything other than personal, non-commercial use;
19.2.2 you may not modify any part of the site other than as may be reasonably necessary to use the site for its intended purpose;
19.2.3 post, publish, distribute or disseminate material or information that is defamatory, libellous, obscene, indecent, threatening, abusive, harassing or unlawful;
19.2.4 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their sex, race, religion, disability, nationality or otherwise;
19.2.5 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
19.2.6 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
19.2.7 promote the irresponsible or underage consumption of alcohol;
19.2.8 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
19.2.9 collect or store personal information about others, including email addresses;
19.2.10 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
19.2.11 impersonate any person or entity for the purpose of misleading others;
19.2.12 violate any applicable laws or regulations;
19.2.13 use the site in any manner that could damage, disable, overburden or impair the site or interfere with any other party’s use and enjoyment of the site;
19.2.14 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
19.2.15 attempt to gain access to accounts, computer systems or networks connected to the site through hacking, password mining or any other mining or any other means.
20.3 The data contained on this site belongs to TICK.BEER.Users of the site are strictly prohibited from recording any data on the site with automated programs, software, or any other method of web scraping or crawling.
20.4 TICK.BEER is under no obligation to monitor, screen or sanction but shall be entitled to review materials posted and, at our sole discretion, to remove at any time and without notice any material that breaches these Terms or is otherwise objectionable.
TICK.BEER have the right to terminate your access to any or all of the site at any time, without notice, for any reason, including without limitation, breach of these Terms. TICK.BEER may also at any time, at our sole discretion, discontinue the site or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the site or Services.
22. LINKS TO THIRD PARTY WEBSITES
The site or Services may include links to third party websites that are controlled and maintained by others. TICK.BEER is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You acknowledge and agree that TICK.BEER has not reviewed all sites linked to this site and is not responsible for the content or availability of any such sites. Your linking to other off-site pages or other sites is at your own discretion and risk.
23. LINKS FROM THIRD PARTY WEBSITES
23.1 You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage TICK.BEER or Forest Wholesale or any of its products, reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on TICK.BEER or Forest Wholesale’s part where none exists.
23.2 You must not establish a link from any website that is not owned by you.
24. INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
25. INTELLECTUAL PROPERTY RIGHTS
25.1 TICK.BEER is the owner of copyright in this site. Pictures, graphics, text, images of places or people are either the property of TICK.BEER or used on this site with permission of the owner of the intellectual property. No portion on this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without TOCK.BEER’s express written permission.
25.2 By entering this site you acknowledge and agree that any name, logo, trademark or servicemark contained on this site is owned by TICK.BEER and may not be used without prior written approval. Your use of any of these materials is prohibited unless specifically provided for on the site.
25.3 By using this site you acknowledge and agree that any communication or material you transmit to this site, in any manner and for any reason, will not be treated as confidential or proprietary.
You agree to indemnify and hold TICK.BEER harmless from and against any breach by you of these Terms and any claim or demand brought against TICK.BEER by any third party arising out of your use of the site, and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Beer Hawk in consequence of your breach of these Terms.
27. DISCLAIMERS AND LIMITATION OF LIABILITY
27.1 Use of the site and Services is at your own risk. The site is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
27.2 By entering this site you acknowledge and agree that your use is at your own risk and that this site, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this site are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of, or browsing of this site or in connection with any content, information, data, promotions, activities, associated with this site, or in connection with your downloading of any materials, text, data, images, video or audio from this site, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. You specifically acknowledge that TICK.BEER shall not be liable for user submissions to the Services or the defamatory, offensive, or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with you.
27.3 TICK.BEER makes no warranty that the site will meet your requirements, that Content will be accurate or reliable, that the functionality of the site or Services will be uninterrupted or error free, that defects will be corrected or that the site or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
27.4 Nothing in these Terms shall affect your statutory rights as a consumer.
28.1 The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
28.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
28.3 These Terms, and any Contract between us, are only in the English language and are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.