This Terms and Conditions of Use Agreement (“Terms”) (together with the documents referred to in it) governs your use of The Wimbledon Brewery Company Limited website(s) (“website”). It is vital that you read the Terms fully and with care, since they set forth your rights and obligations with respect to your use of the website.
Your use or purchase of the products and/or services provided through or in connection with the website (“services”) shall be governed by the Terms. By using the website and/or services, you confirm that you have read the Terms in full, that you agree to comply with them and that you consent to be legally bound by them.
If you do not agree to be bound by the Terms, you may not use the website or any of the services provided by The Wimbledon Brewery Company Limited through its website.
Within the Terms, the following words have the following meanings:
- “personal information” means all data and/or information provided by and about the User, including email addresses, names, addresses, credit cards and/or other payment information, etc.;
- “products and services” means all products and/or services provided directly by the Business;
- “User(s)” means all Users of the Business website and/or services connected with the website;
- “website” means all websites through, and on which, the Business provides products and/or services;
- “3rd Parties” includes all partners and affiliate vendors that are included on, or linked to, the Business website.
The website is owned by The Wimbledon Brewery Company Limited (hereafter “Business”, “we”, “our”), which is registered in England and Wales (company number 08387172), and has a registered office at 8 College Fields, Prince Georges Road, Wimbledon, United Kingdom, SW19 2PT. Our VAT registration number is 203-158-056.
Changes to the Terms
Wimbledon Brewery Company Limited reserves the right to at any time amend or revise the Terms. We will do so by making amendments or revisions to the relevant pages or policies. Users are advised to review this page regularly to check for changes, given that all changes will become binding on Users.
Changes to the website
Without providing notice or assuming liability, the Business may modify, suspend, restrict and/or discontinue the use of any section of the website, including the availability of any content on the website at any time. Users must acknowledge and agree that maintaining the continuous and uninterrupted availability of the website is nearly impossible. Therefore, although we shall endeavour to ensure that the website is available at all times, the Business cannot be held liable in the event that the website is unavailable at any time or for any period. In the case of system failure, access to the website may be temporarily and without notice suspended, such that we may carry out maintenance or repair of the website and/or systems which have failed.
We take your privacy seriously. To help ensure that User’s credit, debit or charge card is not being used without their consent, we will request that Users validate the name, address and other personal information they supply during the order process against appropriate third party databases.
By accepting the Terms you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity; a credit check will not be performed and your credit rating will be unaffected. All information you provide shall be treated securely and in strict accordance with the Data Protection Act 1998. During security checks, we may ask for additional information and/or documentation to help verify the data you have supplied.
Limitation of Liability
The Business will not be liable to you for any loss or damage in circumstances where:
- there is no breach of a legal duty owed to you by the supplier or by its employees or agents;
- such loss or damage is not a reasonably foreseeable result of any such breach;
- any increase in loss or damage resulting from a breach by you of any term of this contract.
Notwithstanding the foregoing, nothing in the Terms is intended to limit any rights you might have as a consumer under applicable local law. The terms make no attempt to exclude your statutory rights. Statutory rights may not be excluded in any way to limit our liability to you for any death or personal injury resulting from our negligence.
With respect to our website or service for any one event or series of related events, the liability of the Business (and, in turn, that of its officers, directors, employees, shareholders and/or agents) of any kind – including our own negligence – is limited to the total fees you have paid to us in the 12 months before the event(s) of which you complain.
Business Users can in no way hold us liable (including in cases of our own negligence, to the extent allowed by law) for any:
- economic losses (including, without limit, the loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data, irrespective of whether we had been advised of the possibility of such losses.
Please note that if you are a consumer User, we only provide you access to the website for domestic and private use. If you choose to use the website for any commercial and/or business purposes, our liability to you shall be limited as if you were a business User.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
Registration and User Eligibility Criteria
You must be at least 18 years of age to register with https://www.wimbledonbrewery.com.
Each registration is for a single User only, whether or not the User is acting on behalf of a company or other organisation. We neither consent to nor allow you to share your user name and password with any other person or with multiple users on a given network.
Users are required to complete the registration process, providing the Business with current, complete and accurate information when prompted by the applicable registration form. Users must also choose a password and a User name. Responsibility to protect and maintain the security of any passwords issued rests with the User, and if you know or suspect that someone else knows your password, you should contact us immediately.
Users shall be fully responsible for maintaining the confidentiality of any password and/or account information. Furthermore, Users must take full responsibility for any and all activities which take place under or within their account. Users must agree to notify the Business immediately should they suspect or know of any unauthorized use of their account. This applies equally to any breach of the Business’ security that may come to a User’s attention.
The Business cannot and will not be liable for any loss that may be incurred as a result of someone else using the User’s password or account, irrespective of whether this occurs with or without the User’s knowledge. However, the User could be held liable for losses suffered by the Business or another party, which are incurred as a result of someone else using their account or password.
If a User is found to be in breach of any of the obligations set out in the Terms, we may suspend or cancel their registration immediately, at our reasonable discretion. We, furthermore, reserve the right to deny access to the website to any User, at any time, and for any reason. The Business may, at any time, transfer the rights and obligations set out in the Terms to any current or future Business subsidiary or business unit, companies or divisions, or any entity that may make future acquisition of the Business or any of its assets.
By using the website, you consent for your data to be used in this way. Moreover, by using the website and providing this data, you warrant that all data you provide is accurate and up-to-date.
Intellectual Property, Licensing and Copyright
The website contains material, trademarks and other proprietary information copyrighted by the Business, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire content of the website is copyrighted as a collective work under UK and International copyright laws and is the property of The Wimbledon Brewery Company Limited. The Business possesses a copyright over the selection, coordination, arrangement and enhancement of the content of the website, as well as over the content original to it.
Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part, without express written permission from the Business.
Accordingly, excluding in those cases expressly permitted under copyright law or within the Terms, copying, redistributing, retransmitting, publishing or any commercial or non-commercial exploiting of material downloaded from the website without the express written permission of the Business and the copyright owner shall therefore not be permitted.
Elements of the website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
However, Users shall be permitted to print and download extracts from this website for private use subject to the following terms:
- no documents or related graphics on this website are modified in any way;
- no graphics on this website are being used separately from any accompanying text; and
- any of our copyright and trademark notices, as well as this permission notice, appear in all copies.
According to UK and International law, notifications of copyright infringement should be sent to us immediately. Such notifications can be sent to us by email at: email@example.com, or by post to: 8 College Fields, Prince Georges Road, Wimbledon, United Kingdom, SW19 2PT.
Accessing the website
While the Business takes all reasonable effort to ensure inclusion of accurate and up-to-date information, the Business specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Business websites. This applies to content either now operating or created in the future. The Business further disclaims any responsibility or liability for the deletion, failure to store, misdelivery or untimely delivery of any information or material. The Business disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Business website.
The Business does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Business websites or on any external websites linked to them. In particular, the Business does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, the Business shall under no circumstances be held liable for any delay or failure in performance which results either directly or indirectly from acts of nature, forces, or causes beyond its reasonable control. This may include, although is not limited to, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd parties, or loss of or fluctuations in light, heat or air conditioning.
Acceptable Use Policy
The website may be used for lawful purposes only.
Users may not use the website:
- to in any way breach local, national or international law.
- fraudulently or unlawfully, in purpose or effect.
- to purposefully transmit any material containing viruses, spyware, Trojan Horses and/or any other harmful programs designed to negatively affect computer software and/or hardware.
- to spam others.
- to send or receive knowingly and material that does not comply with our content standards.
- to harm minors in any way.
Users also agree to not:
- contravene the provisions of the Terms by reproducing, duplicating, copying or re-selling any part of the website;
- access without authority, or interfere with, damage or disrupt:
- any part of the website;
- any equipment or network on which the website is stored;
- any software used in the provision of the website; or
- any equipment or network or software owned or used by a 3rd party.
Users may not assign, sub-license or otherwise transfer any of your rights under the Terms.
Pursuant to the Contracts (Rights of Third Parties) Act 1999, no person who is not a party to the Terms is intended to benefit from them.
The Terms represent the entire understanding between the User and the Business and supersede any prior statements or representations. The User, by using the website and/or services, acknowledges and understands that they are entering into a binding and legal agreement with Business.
Suspension and termination
The Business reserves the right to ascertain whether there has been a breach of this acceptable use policy, or any of the Terms, as a result of a User’s use of the website. Should it be deemed by us that a breach has occurred, we shall take such action as we consider appropriate.
If a User fails to comply with this acceptable use policy and/or the Terms it will constitute a material breach by the User of the terms under which they are permitted to use our site. Such a breach may result in the Business taking any or all of the following steps:
- We may issue a warning to the User in breach.
- We may immediately, temporarily or permanently withdraw your right to use our site.
- We may remove immediately, temporarily or permanently any post or material uploaded to the website by the User found to be in breach of the acceptable use policy and/or the Terms.
- Where we feel it to be necessary, we may disclose any information we reasonably feel is necessary to law enforcement authorities.
- We may bring legal proceedings against the User in breach for the reimbursement of all costs which result from the breach. We shall do so on an indemnity basis, which includes but is not limited to, reasonable administrative and legal costs.
- We may take further or alternative legal action against the User in breach of the acceptable use policy and/or the Terms.
The Business excludes liability for steps it takes in response to User breaches of this acceptable use policy and/or the Terms. Responses the Business may take to such a breach are, however, not limited to those described in this acceptable use policy. Moreover, the Business reserves the right to take any other action it reasonably deems to be appropriate in the circumstances.
It is possible that some of the provisions contained in this acceptable use policy are superseded by other provisions or notices published elsewhere on the website.
The Business’ website(s) as well as all materials, information, products and services included in those website(s), are provided “as is,” with no warranties expressed or implied.
The Business also, to the fullest extent permitted by law, expressly disclaims all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.
The Business disclaims any warranties regarding the security, reliability, timeliness and performance of the company websites. The Business disclaims any warranties for any information or advice obtained through the company websites. The Business disclaims any warranties for services or products received through or advertised on the company websites or received through any links provided by the company websites as well as for any information or advice received through any links or any user contributions provided to the company websites.
Users understand and agree that any material or data downloaded or otherwise obtained by using the Business’ website(s) occurs at their own discretion and risk. Users will therefore be held solely responsible for any damages to their computer system or loss of data that results from the download of such material or data.
In some jurisdictions the exclusion of implied warranties is not permitted, and in such cases the above exclusions may not apply. Users may also have other rights that vary from jurisdiction to jurisdiction.
The Business and its website(s) cannot be held responsible or liable for content posted by Users, 3rd Parties. Moreover, the Business cannot be held liable for the actions of any 3rd party, or for any damage to or virus that may infect a User’s computer equipment or other property.
Links to and from other websites
Links to third party websites on this website are provided exclusively for your convenience. You can use the links to leave this website. We have not reviewed all of these 3rd party websites. We do not control and are not responsible for these websites, their content or present availability. Consequently, we neither endorse nor make any representations about them, any material found via those links, or any results that may be obtained by using them. If you do access any of the third party websites linked to this website, you do so entirely at your own risk.
If you choose to establish a link which suggests any form of association between the Business and yourself, you must not do so in such a way as to suggest our approval or endorsement where it does not exist on our part.
The Business reserves the right to withdraw permission to link to the website.
Users agree to indemnify, defend and hold harmless the Business, its website(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including lawyer’s fees and court costs) arising from or relating to any allegation regarding:
- your use of the Business website(s);
- the Business’s use of any your content or information, as long as such use is not inconsistent with the Terms;
- information or material provided through your IP address, even if not posted by you; or
- any violation of the Terms by you.
Promotional events, competitions, etc
All promotional events, sweepstakes, competitions and/or equivalent promotions made accessible through Business website(s) or about which the Business may, from time to time, contact you, shall be governed by official rules that are separate from and may vary from the Terms. Your participation in such sweepstakes, competitions or equivalent promotional events will render you subject to the specific official rules of that event. However, please note that the User in that case remains subject to the Terms, to the extent they do not conflict with the applicable official rules of a given event.
Payment can be made by any one of the options advertised on our website. Payment is required prior to delivery. If payment is not received, your order shall not be fulfilled. We shall deliver once clear funds have been received.
Secure server software on our website encrypts your payment card details. All the information is scrambled, so an unauthorised third party cannot intercept the data. Your browser will show either a locked padlock icon or an image of a padlock next to the payment details to confirm that you are shopping in a secure environment in the relevant area of the website.
If you are using Paypal as your payment method, we reserve the right to only ship to confirmed addresses.
Ordering goods from us
Description and price of goods
We have taken care to describe and represent items as accurately as possible on the website. It is possible that slight variations in items may occur. We provide product information on https://www.wimbledonbrewery.com/ and https://www.wimbledonbrewery.com/our-shop/.
If there is anything you do not understand, or if you would like to obtain any further information about the products and/or services we supply, please do not hesitate to contact customer services on 020 3674 9786.
Images of products are illustrative. We have made every effort to display colours as accurately as possible, however we cannot guarantee that the way your computer displays those colours will accurately reflect the colour of the products. The appearance of the products may vary slightly from those images.
Prices are quoted in UK Pounds. We endeavour to ensure that the pricing displayed on our website is correct and up-to-date. However, if the pricing of a product is found to be erroneous, we reserve the right to either:
- cancel your order or contact you to arrange payment of any extra sum due; and/or
- refund any overpayment made by you (as applicable).
We reserve the right to alter all product pricing without notice.
The prices of the products on the website include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but in that case we will show VAT separately and include it in the total price.
Where there is a separate charge for packing, carriage and insurance and/or other relevant charges, the pricing structure and rates are set out in the Checkout section of this website.
Title for consumers
Title, or ownership, of any products ordered from the Business does not pass to you, the purchaser, until we have received and processed a valid payment. Payment must have been made into our bank account and your order shipped for title to pass to you
Faulty product, damaged, or dead on arrival
Be aware that any claims of defectiveness relating to products you have ordered from us shall be checked and verified by our team. Any returned products found to not be defective will in turn be returned back to you. Moreover, we will either charge you for the returned transport costs via your original payment method, or maintain the product at the brewery until such time that we have received full payment for the return transport costs.
Should you notify us of a problem under this condition, we shall be obliged by you to fulfil one of the following options, at your discretion:
- to make good a shortage or non-delivery of a product or service;
- to repair or replace any goods that are damaged or defective; or
- to refund you the amount you paid for the goods in question, in whatever way we choose.
Excluding in those contexts in which it is precluded by law, we shall not be held liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) – irrespective of how it or they arise – out of any problem of which you notify us under this condition. Further, we shall bear no liability to pay any money to you by way of compensation except to refund to you the amount paid by you for the goods in question.
Placing an order
By ordering using the online Checkout system it will be deemed that you have placed an order with us. During the checkout process, you will be able to access your basket to check your order and/or amend any errors. Once you have placed your order, you will receive confirmation of receipt of your order. The Business reserves the right to contact you regarding your order during the interim period between the purchase and the delivery of your order.
The contract described here is subject to your right of cancellation.
Our Right of Cancellation
By placing an order for goods advertised on our website you make an offer to purchase the goods selected. Until we have received your order and accepted it – which we may do at our discretion – no contract exists between you and us for the sale of any goods. Acceptance of an order on our behalf takes place the moment we either: dispatch the order; or send you confirmation by email. This remains the case even if payment for your order is processed immediately.
At our discretion, we may refuse to accept an order for the following reasons:
- where we are unable to obtain payment authorisation from you;
- where there has been an error in product pricing or description; or
- where you do not meet the eligibility criteria as set out in the Terms; or
- where goods ordered by you are unavailable; or
- we do not deliver to your area.
Where we do not accept your order but have processed your payment, we will re-credit your account any amount deducted by us from your debit or credit card. We shall endeavour to do this swiftly, and without undue delay, but in any event within 30 days of your order. We shall not be obliged to pay additional monies as compensation for disappointment.
You must observe and comply with all relevant regulations and legislation, including but not limited to obtaining all necessary customs, import and/or other permits to purchase goods from our site. The import or export of certain goods to you may be prohibited by law. We therefore accept no liability and make no representation regarding the export or import of the goods you purchase from us for import and/or export.
Your Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days starting on the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods or the last good or the last lot or piece (as the case may be).
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement. This in practice generally means simply sending us an email at firstname.lastname@example.org or contacting by phone on 0203 674 9786.
To meet the cancellation deadline, you just need to send communication stating that you are exercising your right to cancel before the cancellation period has expired.
A cancellation right does not apply when the following have been purchased:
- any made-to-measure or custom-made products or products made to your specification or clearly personalised;
- newspapers, periodicals or magazines;
- perishable goods, such as food, drink or fresh flowers;
- software, DVDs or CDs which have a security seal which you have opened or unsealed.
Effects of Cancellation
If you choose to cancel a contract with us within the cancellation period, we will reimburse you all payments made by you to us, which stem from the contract being cancelled. This will include the costs of delivery.
We may deduct from the reimbursement if there is any loss in the value of any goods supplied and if the loss is the result of unnecessary handling by you.
The reimbursement shall be made, by us, without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied; or
- if earlier, 14 days after the day on which you provide evidence that you have returned the goods; or
- if no goods have been supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
The reimbursement shall be made by means of the same method of payment as was used for the initial transaction, except in the case that you have expressly agreed otherwise. In any event, the reimbursement process shall not incur any fees.
In the case that you, the consumer, have received goods which stemmed from the contract to be cancelled, we will in turn collect the goods at our own expense.
Business Users will only be held liable for diminished value of the goods that results from unnecessary handling of the goods, which occurs beyond establishing the nature, characteristics and functioning of the goods.
Consumer Right of Return and Refund
This clause only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that if you change your mind or for any other reason you decide you do not want to keep a product during the relevant period, you may notify us of your decision, thereby cancelling the contract. You will then receive a refund. You can find advice about your legal right to cancel a contract from your local Citizens’ Advice Bureau or Trading Standards office.
We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event delivery will take place within 5 days of your order (hereafter “the long delivery date”). We reserve the right not to make deliveries outside the United Kingdom and/or outside our given delivery areas, unless our ordering form provides that facility.
We ensure delivery of our products by always delivering directly to our customers. We will never leave any of our products on a customer’s doorstep. We are currently operating a contactless delivery service.
In the event that we deliver:
- goods inconsistent with what you ordered;
- goods that are damaged or defective; or
- if the quantity delivered is incorrect;
we shall not be held liable to you unless you notify us at our contact address of the problem within 14 working days of the delivery of the goods in question.
If we fail to deliver any goods you purchase with us within the long delivery date, the sale may be cancelled. Should this occur, we shall return all the monies you paid to us under the contract of sale. That notwithstanding, we shall bear no liability to you for the return of monies, or otherwise, if you fail to notify us in writing, by email, or by phone of the non-delivery within 14 days from the long delivery date. Our contact details are as follows: address – 8 College Fields, Prince Georges Road, Wimbledon, United Kingdom, SW19 2PT; email – email@example.com; phone – 0203 674 9786.
Use of Social Media
We take great pains to at all times maintain high standards in our retail and business practices. We recognise and support the use of social media and the internet as a means of notifying the public should it happen that standards are not met. That said, it is our belief that complaints should not be published in such a way as to unfairly or unreasonably represent, in their content and/or manner of publication, an occasion when those standards were not met by a given business. For this reason, we request that Users adhere to the following conditions, which advise on how to proceed when a User feels that high standards have not been met.
If a User wishes to post on social media and/or online any comment relating to our service or products on any website that is not the Business’s website, they shall:
- not make untruthful and/or malicious statements;
- do whatever possible to allow the Business to post to the same website. If that is impossible, Users will include the Business’ response in full in a comment posted by the User to the aforementioned website;
- agree, should it apply, to take part in alternative dispute resolution that has been accredited by the Trading Standards Institute of the United Kingdom under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute, at the request of the Business of the service operated at https://www.wimbledonbrewery.com.
We are very proud of our high standards when it comes to customer service. However, if we fail to meet these standards, please do not hesitate to contact us on firstname.lastname@example.org; by phone on 0203 674 9786; or send a letter to The Wimbledon Brewery Company Limited, 8 College Fields, Prince Georges Road, Wimbledon, United Kingdom, SW19 2PT.
Governing Law and Jurisdiction
The Terms are governed by, and shall be construed in accordance with, English law.
Any disputes that may arise in connection with the Terms shall be subject to the exclusive jurisdiction of the particular English court to which you bring a claim. The Business retains the right to take up legal proceedings against you for any threatened or actual breach of the Terms, whether the breach takes place in your country of residence, registration or business or in any other relevant country.
The Business will not warrant that any materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. Accessing the website when in territories where its contents are illegal or unlawful is prohibited. Users access this website from outside the United Kingdom at their own risk and Users may be liable for failure to comply with local laws.
If for any reason any provision within the Terms is held to be invalid and/or unenforceable in an appropriate Court of proper jurisdiction, those provisions that remain valid shall continue to be enforceable to the fullest extent permitted by law. Users will in that case agree to replace an invalid and/or unenforceable provision with the valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This provision shall in turn be interpreted most favourably, when possible, to the benefit of the Business.
Our contact details are as follows:
Business Name: The Wimbledon Brewery Company Limited
General email: email@example.com
Telephone number: 0203 674 9786
Send us a Letter:
8 College Fields,
Prince Georges Road,
These Terms and Conditions were last updated, and became effective, on 08/07/2020.