Sharp’s Brewery Limited Online Terms and Conditions
1. THESE TERMS
1.1. What these terms cover
These are the terms and conditions on which we supply goods to you.
1.2. Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are
We are Sharp’s Brewery Limited a company registered in England and Wales. Our company registration number is 04729760 and our registered office is at Pityme Industrial Estate, Rock, Wadebridge, Cornwall, PL27 6NU. Our registered VAT number is 821390255.
2.2. How to contact us
You can contact us by telephoning our customer service team at 0120 886 2121 (lines are open 9am – 5pm Monday to Saturday (including Bank Holidays)) or by writing to us at email@example.com or Sharp's Brewery Limited, Pityme Industrial Estate, Rock, Wadebridge, Cornwall, PL27 6NU.
2.3. How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when submitting your order.
2.4. “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
2.5. “Use of “product(s)” and “good(s)”
The use of “product(s)” and “good(s)” will be used interchangeably throughout these terms and conditions and will have the same meaning.
3. TERMS OF SALE
By placing an order you are offering to purchase goods from us subject to these terms and conditions. All orders placed are subject to availability and confirmation of the order price.
In order to contract with Sharp’s Brewery Limited, you must be over 18 (eighteen) years of age and possess a valid credit or debit card issued by a bank accepted by us (please see clause 9.3). Sharp’s Brewery Limited reserves the right to close your Sharp’s account and retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card and that there are sufficient funds to cover the cost of the products ordered. All prices advertised on the website are subject to change.
4. OUR CONTRACT WITH YOU
4.1. How we will accept your order
When you place an order, you will receive an acknowledgment email confirming receipt of your order. This email will only be an acknowledgment of your order and will not constitute acceptance of your order. Our acceptance of your order will take place when your payment has been approved by us and we have debited your credit or debit card. You will receive a further email confirming that we have accepted your order, at which point a contract will come into existence between you and us.
4.2. If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4.3. Errors to the description or prices of the products
Whilst we try to ensure that details, descriptions and prices which appear on this website are accurate, errors may still occur. If we discover an error in the price or description of the product which you have ordered, we will endeavour to inform you as soon as is practically possible and give you the option of reconfirming your order at the correct price/description or cancelling it. If you have already paid for the products and decide to cancel your order, you will receive a full refund.
We reserve the right to correct any errors or inaccuracies and to change or update any information at any given time without prior notice. We reserve the right to refuse to fulfil any orders placed based on information on the website that may contain errors or inaccuracies, including but not limited to pricing, delivery costs, payment terms or return policies.
4.4. Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.5. If you wish to make changes to your order
If you wish to make a change your order please contact us in accordance with clause 2.2 of these terms and conditions. We will let you know if the change is possible (in our opinion). If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we have already processed your order or, we cannot make the change for any other reason in our opinion, or, the consequences of making the change are unacceptable, you may, in some circumstances, be able to cancel your order. If you cancel your order, we will process a full refund We reserve the right to not issue a refund for Bright Beer, please see the definition of Bright Beer at clause 6.3 of these terms and conditions.
4.6. Our rights to make changes to your order
We may change the product(s) available on our website:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements.
These changes will not affect your use of the product(s).
4.7. We only sell to the UK
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
5. PROVIDING THE PRODUCTS
5.1. Delivery costs
The price of all products detailed and available for consumer purchase on our website will be inclusive of delivery.
5.2. When we will provide the products
Orders will be processed and dispatched within 2 (two) – 5 (five) working days, unless otherwise notified to you. Orders will be sent via courier. You will receive an email directly from the courier or Sharp’s to inform you of when delivery will take place. Delivery will be made to the address specified by you when you placed your order. Please indicate your preferred delivery date when you order, and we will do our best to fulfil this, although we cannot guarantee the date.
In all cases we will inform you by email when the goods have been dispatched. If you have not received your order within 7 days of receiving this email please contact our Brewery Shop team at firstname.lastname@example.org.
5.3. We are not responsible for delays outside our control
Dispatch times may vary according to availability and any guarantees made as to delivery times are subject to any postal delays or delays due to force majeure, for which we will not be held responsible for.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. We reserve the right to not issue a refund for Bright Beer, please see the definition of Bright Beer at clause 6.3 of these terms and conditions.
5.4. Collection by you
If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am – 5pm Monday – Saturday, including Bank Holidays. Our working hours exclude Sundays and Public Holidays (Christmas Day, Boxing Day and New Year’s Day).
5.5. If you are not at home when the product is delivered
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We will not leave your order with a neighbour or outside your property as it may contain alcohol.
5.6. If you do not re-arrange delivery
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and reserve the right to review whether a refund will be given for Bright Beer taking into consideration the nature of the product and timings (please see clause 6.3 for more details).
5.7. Your legal rights if we deliver goods late
Subject to clause 5.3, you have legal rights if we deliver any goods late. If we miss the delivery deadline or, have refused to deliver the goods, then you may treat the contract as at an end straight away.
5.8. Ending the contract for late delivery
If you do choose to treat the contract as at an end for late delivery under clause 5.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods. If the goods have been delivered to you, you must either:
a) return them in person to where you bought them;
b) post them back to us by recorded delivery ensuring that the goods are properly packed and returned in the same condition as sold; or
c) (if they are not suitable for posting) allow us to collect them from you.
We will pay the costs of postage or collection. Please call customer services on 0120 886 2121 or email us at email@example.com for a return label or to arrange collection. We will not accept responsibility for goods that are lost, stolen or damaged during the return to us and will only issue a refund for goods returned in its original and unused condition.
5.9. When you become responsible for the goods
A product will be your responsibility from the time the courier delivers the product to the address you gave us or you or a carrier organised by you collect it from us.
5.10. When you own goods
You own a product once we have received payment in full.
5.11. What will happen if you do not give required information to us
We will need certain information from you so that we can supply the products to you, for example, name, delivery address and contact details/ email address. This will have been entered when you purchased the products on our website. If you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late, to the wrong person or address, or not supplying any part of your order if this is caused by you providing us with incorrect information.
5.12. Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to:
a) deal with technical problems or make minor technical changes; and/or
b) update the product to reflect changes in relevant laws and regulatory requirements.
5.13. Your rights if we suspend the supply of products
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 1 (one) month we will automatically cancel your order, ending your contract with us and refund any sums you have paid in advance
6. YOUR RIGHTS TO END THE CONTRACT
6.1. Ending your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. You can end your contract due to any of the following:
a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back);
b) If you want to end the contract because of something we have done or have told you we are going to do, pursuant to clause 6.2;
c) If you have just changed your mind about the product you may be able to get a refund if you return the products within the cooling off period as defined at clause 6.3, but this may be subject to deductions and you will have to pay the costs of return of any goods;
d) In all other cases i.e. if we are not at fault and there is no right to change your mind, pursuant to clause 6.5 below.
6.2. Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided.
The reasons are:
a) we have told you about an upcoming change to the product or these terms which you do not agree to;
b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
d) we have suspended supply of the products, or notify you we are going to suspend them for a period of more than 1 (one) month; or
e) you have a legal right to end the contract because of something we have done wrong (including becau
se we have delivered late).
6.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013)
If goods are to be returned to Sharp’s Brewery because you have changed your mind about your order, they must be returned in their original packaging and within 14 (fourteen) days of receipt of your order. Bright Beer is excluded from this cooling off period. This does not affect your statutory rights.
Bright Beer is defined as follows and is to subject to change (without notification):
- Doom Bar 36 Pint Poly Box;
- Atlantic 36 Pint Poly Box;
- Cornish Coaster 36 Pint Poly Box;
- Sharp’s Original 36 Pint Poly Box;
- Sharp’s Sea Fury 36 Pint Poly Box;
- Doom Bar 5 Litre Mini keg;
- Atlantic 5 Litre Mini Keg;
- Cornish Coaster 5 Litre Mini Keg;
- Sharp’s Original 5 Litre Mini Keg;
- Sharp’s Sea Fury 5 Litre Mini Keg;
- Fathoms Deep 5 Litre Mini Keg; and
- Sharp’s Limited Release 5 litre mini cask beers.
If you are unsure as to whether the product you have purchased is classed as Bright Beer, please contact us within the time limited details above.
6.4. When you don’t have the right to change your mind
You do not have a right to change your mind in respect of:
a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
b)any products which become mixed inseparably with other items after their delivery.
6.5. Ending the contract where we are not at fault and there is no right to change your mind
Please see our returns policy set out at clause 8.2.
- 7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1. Tell us you want to end the contract
To end the contract with us, please call customer services on 0120 886 2121 or email us firstname.lastname@example.org. Please provide your name, home address, details of the order including details of the payment method used and, where available, your phone number and email address. Please take into consideration the time limits set out at clause 6.3.
7.2. Returning products after ending the contract
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Goods must be returned in its original condition for a full refund. All items must be sent back by recorded delivery to us at Sharp’s Brewery Limited, Pityme Industrial Estate, Rock, Wadebridge, Cornwall, PL27 6NU or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0120 886 2121 or email us email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within the time limits set out at clause 6.3. We will not accept responsibility for goods that are lost or damaged during the return.
7.3. When we will pay the costs of return
We will pay the costs of return:
a) if the products are faulty or misdescribed; or
b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4. How we will refund you
We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price.
7.5. When your refund will be made
Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
- 8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1. How to tell us about problems
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0120 886 4885 or write to us at firstname.lastname@example.org or Sharp’s Brewery Limited, Pityme Industrial Estate, Rock, Wadebridge, Cornwall, PL27 6NU.
8.2. Your obligation to return rejected products
If you are not 100% satisfied with your purchase, you may return part or all of your order (unless separating the order would have an impact on the value of the product) for refund at any time up to 5 working days after the day of delivery, provided it is unused and in its original condition. Please email us at email@example.com, quote your name, order reference and which product you wish to return. This will allow us to issue you a Returns Number so that when your goods arrive, we can arrange for a refund.
You do not have to give any reasons for cancellation, however, a brief explanation will help us to improve the service we offer to you and other customers in the future. If you decide to cancel, you must return the goods to us at your own expense. You must ensure that the goods are packaged adequately to protect against damage. The returned item is your responsibility until it reaches us. Please return goods to Web Shop Returns, Sharp's Brewery Limited, Rock, Cornwall, PL27 6NU.
- 9. PRICE AND PAYMENT
9.1. Where to find the price for the product
The price of the product (which includes VAT) will be the price indicated on the website when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However, please see clause 4.3 if the price is incorrect.
9.2. We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. We reserve the right to adjust prices on the website reflecting any change in VAT.
9.3. When and how you must pay
You must pay for the products when you submit your order on the website. We will not charge your credit or debit card until we dispatch the products to you unless your order relates to the Sharp’s Limited Release Beer Club subscription (see clause 14 below for further details) in which case you will pay for your subscription prior to dispatch. We accept payment with:
9.4. What to do if you think you have been charged incorrectly
If you think you have been charged incorrectly, please contact us promptly to let us know.
- 10. DISCOUNT CODES
10.1. Use of the discount code
From time to time, we may provide discount codes which may apply to any, or certain specified purchases made through the Sharp’s website. If you retrieve a discount code from us the code will be subject to specific terms and conditions specified at the time the code is issued in addition to those mentioned in these terms and conditions. The discount code can be used once in accordance with one order but can be reused for subsequent future individual orders. The discount code cannot be applied to an order after that order has been placed. Certain product exclusions may apply, we will update you if the product is not subject to the discount.
10.2. Retrieving a discount code
There are two ways of receiving a discount code:
a) We may send one to you via details that you have given through the website; or
b) You can retrieve a code when visiting our shop and/or via social media channels.
The discount codes are non-transferable and cannot be exchanged for cash. If you receive a discount code, it can only be used by yourself on your own Sharp’s account or in store for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders at Sharp’s. If we believe that at the point of purchase or you are abusing the use of the discount code in any way, we reserve the right to cancel your discount code or suspend and/or close your account with Sharp’s without prior notice. We reserve the right to amend these terms and conditions.
10.3. Responsibility of the discount code
Sharp’s cannot accept responsibility once we have given you the discount code and we are not obliged to provide you with a replacement if it gets lost. Sharp’s reserves the rights to amend these terms and conditions and/or discontinue the discount code at any time. Your statutory rights are not affected. If a discount code is offered and cannot run properly due to fraud, tampering, technical errors or anything else beyond our control which affects the running, administration, security or fairness of the code, we reserve the right to cancel or suspend the discount code.
- 11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1. We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
11.3. We are not liable for business losses
We only supply the products for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1. How we will use your personal information
We will use the personal information you provide to us:
a) to supply the products to you;
b) to process your payment for the products; and
c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so.
12.2 Sharp’s Brewery Limited and the companies within the Molson Coors group are responsible for your personal information. The Molson Coors company operating this site and processing your personal data is Sharp’s Brewery Limited.
- 13. OTHER IMPORTANT TERMS
13.1. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will contact you to notify you of the change.
13.2. Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms in respect of any guarantee which we make. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.3. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
- 14. BEER CLUB
14.1 If you subscribe to Sharp’s Limited Release Beer Club (“Club”), then this section shall apply in addition to the terms and conditions above but excluding clause 5.2.
14.2 Exclusive membership
Membership is available exclusively to the first 100 (one hundred) people to subscribe to the Club via Sharp’s website only. Subscription limited to one per household.
14.3 Joining dates
Subject to clause 14.2, there is a limited period of time to join the Club. Joining dates open on 22nd November 2018 and closes on 19th December 2018. This period will expire sooner once the first 100 (one hundred) people subscribe to this Club.
14.4 Subscription term
The subscription term is 12 months (December 2018- November 2019). See clause 14.5 below for further details about what your membership includes.
14.5 Your subscription consists of:
Non-Bright Beer Goods
- a mixed pack of 12 (twelve) bottles/cans of Sharp’s mixed beers (2 x 500ml bottles of Doom Bar, 2 x500ml bottles of Sea Fury, 2 x 500ml bottles of Atlantic, 2x 500ml bottles of Wolf Rock, 2 x 330ml bottles of Chalky’s Bite, 2 x 330 ml cans of Offshore) delivered in time for Christmas 2018;
- a connoisseur’s tasting glass, delivered with your first mini cask in March 2019;
- Sharp’s ‘Just Add Beer’ cookery book, delivered in time for Christmas 2018; and
- a welcome letter.
Bright Beer Goods
- 5 (five) x limited release cask beers in total, presented in mini casks containing 5 (five) litres of beer (just under 9 (nine) pints). 1 (one) of these mini casks will be delivered in March 2019, May 2019, July 2019, September 2019 and November 2019.
14.6 Gifting the subscription to another
Subscriptions may be gifted to UK residents only. By placing an order for a Club subscription as a gift, you confirm that the person that you are gifting it to is over the age of 18.
14.7 Order dispatch
Delivery will be made to the address specified by you when you placed your order. You will receive an email from Sharp’s or the courier notifying you of the date when each delivery is due to be made. If the delivery due date doesn’t suit you, we are happy to change the date of delivery, one time only, if commercially reasonable and practicable, subject to you replying to the notification email within 10 days of your receipt of the email detailing your preferred delivery date. The preferred delivery date must be within 4 (four) weeks of the original delivery date and we cannot deliver at a date earlier than the original delivery date. Deliveries which don’t include Bright Beer can only be made Monday-Friday (excluding Bank Holidays of the delivery destination) and not on Saturday or Sunday. Deliveries which include Bright Beer can only be made Tuesday- Friday (excluding Bank Holidays of the delivery destination) and not on Saturday or Sunday. The latest delivery date available before Christmas will be 21st December 2018.
If you do not receive your order on your delivery due date, please contact our Brewery Shop team at firstname.lastname@example.org.
14.8 Shelf life
Fresh cask beer has a limited shelf life and are intended for sharing occasions. Our mini casks should be opened within 2 days of receiving them and consumed within 3 days of opening them.