TERMS & CONDITIONS

General & Information About Us

Any use by you of this website at www.88brewery.com (‘Website’) is conditional upon your acceptance of these Terms & Conditions. The following Terms and Conditions apply to individual consumers, businesses, users, viewers and all people who access this Website.

Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website.

This Website is owned by 88 Brewery Ltd, a company registered in Scotland (company number SC651791), whose registered office is at Lomond House, Edinburgh, United Kingdom, EH5 3HU. Our VAT registration number is 358 7773 39. All references to ‘our’, ‘us’, ‘we’ ‘Business’ or ‘Company’ within these terms refer to 88 Brewery Ltd, its affiliates and associates.

To access the website you must be of legal drinking age in the country where you are viewing this site. If you are not, do not enter this site. In the UK, you must be aged 18 or over to purchase alcohol. 

Intellectual Property

The copyright and other intellectual property rights in all material on the Website (including without limitation trademarks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licensed by the Company.

Material from this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.

Any rights not expressly granted in these Terms and Conditions are reserved.

Ordering Goods From Us

Age Restriction

In the UK, you must be aged 18 or over to purchase alcohol. It is an offence to sell alcohol to anyone under the age of 18 in the UK. When ordering and making a payment you will be required to confirm that you are aged 18 or over.

The contract for the sale of our products

Once you have placed an order, you will receive an e-mail from us acknowledging that your order has been received.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that our product has been despatched (the “Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Confirmation. The Contract will relate only to those products whose despatch we have confirmed in the Confirmation. We will not be obliged to supply any other products which may have been part of your order until the despatch of such products has been confirmed in a separate Confirmation.

Cancellation Rights (individual consumers not businesses)

Individual consumers may not cancel a Contract unless they receive damaged or improper goods.  In this case, you are entitled to receive a full refund or replacement goods provided you comply with the following:

• You must inform us in writing at info@88brewery.com. Providing photo evidence of the damaged or improper goods.
• You must also return the product(s) to us immediately, in the same condition and packaging 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 in your possession. We strongly recommend using insured postage to the value of the goods as no refunds will be issued on goods that arrive damaged.

If you fail to comply with these obligations, we may have a right of action against you for compensation.

Your right of cancellation – FOR BUSINESSES (B2B) ONLY

If you are not an individual consumer, and are buying from for or on behalf of a business, then you have no right of cancellation, refund or return once we have accepted your offer to buy the goods or service, unless, under the common law of contract, you have a legal right to cancel and you are cancelling it for that expressed reason.

Refunds, exchanges and returns

You must carefully inspect all goods you receive from us upon receipt.  Please inform the courier of any breakages or faults at the time of delivery.  We may not (at our sole discretion) accept any claims for breakages or shortages unless they are clearly stated on the courier’s documentation.  Photographic evidence is required by the carrier company if an item has been damaged during transit.

Please note that any products returned to us which you claim to be defective will be checked and verified by our customer service team. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.

We will provide a refund or replacement for any goods which are damaged or faulty upon receipt, provided that notification of damage or fault is received within 3 working days of receipt of the goods. 

All refunds and reimbursements will be arranged within 30 days of our acceptance to do so and after the safe receipt of the returned goods.  All returned goods which are faulty must be returned to us adequately packed to avoid further damage and containing the relevant paperwork. 

Where a replacement item is not available, we will reimburse you for the full cost of the item and any shipping costs. No additional compensation will be paid.  

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

All returns must be made to the following address:

Unit 22 Matthew Kerr Place, Arbroath, DD11 3AX

Delivery

At this point in time, we currently only ship within the United Kingdom and do not offer international shipping. Orders placed from Inverness, Highlands, Northern Ireland, Isle of Man, Channel Islands, Guernsey, Jersey among others may incur additional delivery charges.

We will deliver goods ordered to the address you give us for delivery, but in any event within 14 days  of the date on which you ordered them. Dependent on your shipping method, our delivery partners will deliver your parcel.

To ensure prompt delivery someone must be present to sign for the parcel. If no one is available to sign for the parcel or if our courier attempts delivery at the delivery address as specified in the order but is unable to deliver the item to the specified address, the courier will retain the item/s and will leave a calling card with a telephone number for you to call in order to arrange re-delivery. Please note that the courier company can only arrange a specific re-delivery date, and cannot arrange a specific re-delivery time.

Business Purchases: If you fail to take delivery of the Products and without prejudice to any other rights and remedies available to us, we may:

1. store the Products until actual delivery and charge you the reasonable costs (including, without limitation, insurance) of storage;
2. sell the Products at the best readily obtainable price and either:– (i) where you have not already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the Products or charge you for any shortfall below the price you agreed to pay for the Products; OR (ii) where you have already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.

Payment

Payment can only be made using the mechanisms as shown on the Website. Card payments are made through a secure server. We do not store your financial details. 

Payment will be taken at the time of ordering.

Price & Availability

If an error occurs in the prices shown on the Website, we will make every effort to contact you to confirm if you would like to proceed with the order at the correct price. All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

Where a particular product is not available, we will contact you and offer a substitute with the same or greater value.

We reserve the right to withdraw or replace products online without notice. 

We make every effort to ensure that the information on this website is correct. However, we take no responsibility and shall not be held liable for any information relating to a third party that is incomplete, inaccurate or out of date.

Liability

The Company’s liability for any losses suffered as a result of the Company breaching these terms and conditions or in relation to the sale of our products is limited to the purchase price of the goods you purchased from us.  We will not be held responsible for any loss, consequential loss or damage to any individual or business which may have occurred from the use (or misuse) of any product or any information contained on this website.

Legal Title for Our Products

Individual Consumers

Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

Title for Business Orders

The Products are at your risk from the time of delivery. Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of: the Products; and all other sums which are or which become due to us from you on any account. We shall be entitled to recover payment for the Products even though ownership of any of the Products has not passed from us.

Until ownership of the Products has passed to you, you must:

1. (a) store the Products (at no cost to us) separately from all your other products and products of any third party in such a way that they remain readily identifiable as our property; and
2. (b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks

Your right to possession of the Products shall terminate immediately if:

1. you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency or we have reason to believe that any of the above are likely to occur; or
2. you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
3. you encumber or in any way change any of the Products.

You grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right of possession has terminated, to recover them.

Links To And From Other Websites

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

Advertisements

On occasion, a product or service offered by advertisers on Business’s web site may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other User, User agrees that Business is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser or other User.

Success of Your Business or Earnings

What User derives from the use of 88 Brewery Ltd products/services/information depends upon User’s commitment to, and effort in, applying the information. 88 Brewery Ltd does not represent, warrant or guarantee that User will achieve any particular results in business as a result of purchasing and using 88 Brewery Ltd products/services/information. User acknowledges that the success of User’s business depends on User’s skills, effort and commitment. PLEASE SEE OUR EARNINGS AND TESTIMONIAL DISCLAIMER ELSEWHERE ON THIS WEB SITE.

Newsletters

88 Brewery Ltd may send out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at info@88brewery.com.

Your Obligations when Using this Website

You will not, nor will you encourage any other party, to make any statement or introduce any contribution which includes:

• swearing and/or unacceptable, indecent, defamatory, threatening, violent or discriminatory (based on race, religion, sex, sexual orientation, national origin, age or physical or mental disability) language;
• discussions that encourage, promote or provide information about illegal or criminal activities (including but not limited to pornography, explosives, weapons, violence, drugs, programming viruses, computer hacking and copyright infringement);
• posting of addresses for other web sites or content that infringes any third party’s intellectual property rights;
• exchanging telephone numbers or home addresses, the harassment of other users of the site (either privately or in a public forum), or the impersonation of our staff, celebrities or any other characters;
• actions that would disrupt or impair the functioning, stability or security of the site (including but not limited to the introduction of viruses, bugs, worms, Trojan horses or any other form of contaminants); advertisements, promotions, unsolicited approaches, or any other use of the site for unauthorised commercial purposes; and
• any derogatory remarks about the Company or the site.

You agree to indemnify the Company against all legal fees, damages and other expenses that may be incurred by the Company as a result of a breach or suspected breach by you of any of the Terms or the rights of any third party or any violation by you of any law.

General

In addition, these policies apply to any email or content transmitted by User, or on your behalf, that uses a Business account as a mailbox for responses or promotes content, hosted or transmitted, using Business facilities, or that indicates, in any way, that Business was involved in the transmission of such email or content.

The resale of Business products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.

Violations of these Terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Business, in its sole discretion.

When feasible, it is Business’s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by Business in its sole discretion. Business may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.

Uses and Other Policies

When using our services, User warrants and represents that all of the data provided by you is accurate and complete. User shall report any modifications in the data to the Business web site, immediately upon any changes occurring.

User shall not be allowed to have multiple accounts. You may only establish one (1) User account. If Business determines that User has established more than one (1) account, further use of our web site may be suspended or terminated, subject to the sole discretion of Business.

User warrants and represents that they are of legal age (18 or older) to use our web site, at their time of use, or that they are a legal entity, created by operation of law.

User may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided they do not remove any trademark, copyright or other notice from such content.

Requests to use Business content for any purpose other than as permitted in these Terms shall be directed to Business at: info@88brewery.com

Business shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on the Business web site or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. User understands and agrees that Business is not responsible for any damage or loss incurred as a result of any such dealings. Business is under no obligation to become involved in disputes between Users of our web site, or between Users on our web site and any 3rd-party. In the event of a dispute, User agrees to release Business its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Registration

To register with www.88brewery.com you must be at least 18 years of age.

Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

User must complete the registration process by providing Business with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a User name.

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, User is entirely responsible for any and all activities that occur under its account. User agrees to notify Business immediately of any unauthorized use of their account or any other breach of security. Business will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without their knowledge. However, User could be held liable for losses incurred by Business or another party due to someone else using their account or password

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

We may deny access to any User, at any time, and for any reason. In addition, Business may, at any time, transfer rights and obligations under these Terms to any current or future Business subsidiary or business unit, or any companies or divisions or any entity that acquires Business or any of its assets.

Governing Law & Jurisdiction

These terms and conditions shall be governed by and construed in accordance with Scots  law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scots courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

Miscellaneous

If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Business.

Section Titles : The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

Incident Reporting : Any complaints regarding violations of these Terms by a User should be directed to customer services at info@88brewery.com. Where possible, include details that would assist the Business in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

Complaints Procedure : We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at 88 Brewery Ltd, Complaints Team, Lomond House, Edinburgh, United Kingdom, EH5 3HU.

Online Acceptance

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.

These Terms represent the entire understanding between the user and the Business and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Business.

You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.

These Terms and Conditions were last updated, and became effective, on 01/05/2021.

Contact Information : Our contact details are as follows:

Trading Name: 88 Brewery Ltd, Lomond House, Edinburgh, United Kingdom, EH5 3HU. 

General email: info@88brewery.com