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Shipping and Policies
Shipping
We offer the following shipping options:
Payment Methods
Definitions
1.1
"Business
Customer" means a customer who is not a Consumer.
1.2
"Consumer" means an individual who is not acting
for the purposes of his or her business or profession.
1.3
"The Beer Clear Company Uk Ltd" means The
Beer Clear Company Uk Ltd Home trading as The Beer Clear Company Uk Ltd also referred to as "we" or "us" in these terms and
conditions.
1.4
"Catalogue" means the catalogue of products and services offered by The Beer Clear Company
Uk Ltd.
1.5
"Force Majeure" means any cause affecting the performance by The Beer Clear Company Uk Ltd
of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including
(but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.6
"Normal
Working Hours" means 10 am to 6 pm on a Working Week Day, and 10 am to 4 pm on a Working Saturday.
1.7
"Working
days" means Monday to Saturday, excluding Bank or other Public holidays.
1.8
Please note special terms
apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are
referred to Clause 13.
2. Orders
2.1
All contracts of sale made by The Beer Clear
Company Uk Ltd shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from
the party ("the Customer") with whom The Beer Clear Company Uk Ltd is dealing. Cancellation of orders by business to
business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders
by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these
terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
2.2
All
orders are subject to acceptance and to availability of the goods ordered: The Beer Clear Company Uk Ltd is entitled
to refuse any order placed by you.
2.3
You undertake that:
a)
all
details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
b)
the
credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to
use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from
us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or
services.
2.4
Please note, The Beer Clear Company Uk Ltd
may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
3.
Prices
3.1
Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
3.2
The
Beer Clear Company Uk Ltd reserves the right to modify the prices from time to time.
4. Delivery,
Title and Risk
4.1
The Beer Clear Company Uk Ltd shall use reasonable endeavours to despatch goods
by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this
is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead
times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be
entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
4.2
In
the case of a Business Customer, if The Beer Clear Company Uk Ltd is unable to deliver the goods within 30 days of the
agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to
The Beer Clear Company Uk Ltd in respect of that order to be refunded. In order to cancel, the Customer must send written
notice of cancellation to The Beer Clear Company Uk Ltd after the above date but before delivery of the goods or notification
from The Beer Clear Company Uk Ltd that the goods are ready for delivery. This Clause does not apply to Consumers.
4.3
In
the case of Business Customers, The Beer Clear Company Uk Ltd does not accept liability for shortages or damage to deliveries
unless the Customer notifies The Beer Clear Company Uk Ltd of the shortage or damage in writing within 48 hours of receipt
of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
4.4
Business
Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
4.5
Delivery
is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage
and all damage and all other risks shall pass to the Customer.
4.6
Title in the goods does not pass
to the Customer until payment is received in full by The Beer Clear Company Uk Ltd .
4.7
If the Customer
cannot accept delivery, The Beer Clear Company Uk Ltd may at its option:
a)
store
and insure the goods at the Customer's expense and risk or
b)
sell the goods at the best price reasonably
obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale
price or charge the Customer for any shortfall or
c)
re-arrange delivery provided that The Beer Clear
Company Uk Ltd may charge the Customer for the additional delivery costs incurred.
4.8
The Customer may request a Proof of Delivery, provided
that this request is made in writing within 3 months of the date of delivery and The Beer Clear Company Uk Ltd shall
use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
4.9
Upon
delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility
of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where
a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. The
Beer Clear Company Uk Ltd shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery
and signs the Proof of Delivery without amendment.
5. Payment
5.1
Payment is
due on shipment unless a Customer has been approved for credit. The Beer Clear Company Uk Ltd standard credit terms require
payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in
writing.
5.2
Payment may be made by cash, cheque, Visa, MasterCard, Maestro, and American Express.
6.
Product specifications
6.1
The Beer Clear Company Uk Ltd makes every effort to supply the goods
as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications
where these are changed by the manufacturer.
6.2
If The Beer Clear Company Uk Ltd cannot supply the
goods ordered by the Customer, Liberty Games reserves the right to offer goods of equal or superior quality at no extra cost.
In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and
require the refund of any money paid to The Beer Clear Company Uk Ltd in respect of that order, including carriage charges.
This shall be the sole remedy of the Customer in these circumstances.
6.3
The Beer Clear Company Uk
Ltd has to adhere to the manufacturer's guidelines stipulating that a given defect(s) that are deemed acceptable before an
item is accepted for replacement on grounds of fault.
7. Trade names & Trade Marks
7.1
Trade
names and marks (other than The Beer Clear Company Uk Ltd) are not always indications of the actual manufacturer of a particular
product and may rather be indicative of general use systems and machines associated with such products.
7.2
The
Beer Clear Company Uk Ltd and the Business Customer/Consumer acknowledge the intellectual property rights of suppliers and
manufacturers of the products appearing The Beer Clear Company Uk Ltd sales literature and on The Beer Clear Company Uk Ltd
website.
8. Warranties & Returns
Please note that special terms apply
to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are
referred to Clause 13.
8.1
The Beer Clear Company Uk Ltd is committed to providing our customers with
the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In
such cases we offer the returns facilities described below.
8.3
If you purchase goods in the course
of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these
terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to
the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under
specific conditions, unless expressly agreed in writing.
8.4
Subject to the right of Consumers to return
goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 12), The Beer Clear Company
Uk Ltd does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications (including
dimensions) of products before ordering.
8.6
In the event that The Beer Clear Company Uk Ltd, at its
discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the
return for credit of unwanted products, the goods must be returned with The Beer Clear Company Uk Ltd prior written agreement
within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances
(except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a 30% re-stocking
fee of The Beer Clear Company Uk Ltd sale price for the goods.
8.7
No contract shall be cancelled once
accepted by The Beer Clear Company Uk Ltd nor shall any Goods which are delivered in accordance with the contract be returned
without prior written approval of Liberty Games and on terms to be determined at the absolute discretion of The Beer Clear
Company Uk Ltd.
a)
The Beer Clear Company Uk Ltd technical support staff or Customer
Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the
nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly
to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised
product returns must be sent to: The Beer Clear Company Uk Ltd, 48 Drift Way Road, Hook, Hampshire RG27 9SB
b)
A
Goods Returns Authorisation Number (RAN) must be obtained from The Beer Clear Company Uk Ltd for each and every return so
that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned.
This may result in difficulties in returning monies. The RAN must be clearly shown on each parcel returned, and must be in
the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software
packages must be returned unopened with the software seals in tact. Except in the case of faulty Goods, returned items not
complying with these requirements will be rejected.
c)
The Beer Clear Company Uk Ltd cannot accept liability
for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
d)
Proof
of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered
post or courier, and to insure the goods for their full value.
e)
On receipt of the returned product,
if following the testing process, the product is found to be in good working order without defect, we will return the product
to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime,
required us to provide you with a replacement product before completion of the testing process, you will have to pay for this
product also. This Clause does not apply to Consumers returning goods pursuant to Clause 13.
9. The Beer Clear
Company Uk Ltd liability
9.1
In its dealings with Business Customers, The Beer Clear Company Uk Ltd
shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not
restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial
loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund
to you, in whole or in part, if the goods are faulty or do not comply with their description). The Beer Clear Company Uk Ltd
liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
9.2
Nothing
in this agreement shall limit The Beer Clear Company Uk Ltd liability for death or personal injury caused by its negligence.
10.
Health & Safety
10.1
The Beer Clear Company Uk Ltd confirms that the goods it supplies as a distributor
do not present a hazard to health and safety
a)
when properly used for the purpose for
which they are designed; and
b)
if the Customer takes reasonable and normal precautions in their use.
11. Force Majeure
11.1
The Beer Clear Company Uk
Ltd shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay
in performing or any failure to perform any of The Beer Clear Company Uk Ltd obligations in respect of the Goods, if the delay
or failure was due to any cause beyond The Beer Clear Company Uk Ltd reasonable control. Without prejudice to the generality
of the foregoing, the following shall be regarded as causes beyond The Beer Clear Company Uk Ltd reasonable control:
a)
act
of God, explosion, flood, tempest, fire or accident;
b)
war, threat of war, sabotage, insurrection,
civil disturbance or requisition;
c)
acts, restrictions, regulations, bye-laws, prohibitions or measures
of any kind on the part of any governmental, parliamentary or local authority;
d)
import or export regulations
or embargoes;
e)
strikes, lock-outs or other industrial actions or trade disputes (whether involving
employees of The Beer Clear Company Uk Ltd or of a third party);
f)
difficulty in obtaining materials,
labour or machinery; and
g)
power failure or breakdown in machinery.
11.2
If we are unable to provide you with your Goods
within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the
delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that
you have made in full.
12. The Consumer Protection (Distance Selling) Regulations 2000
12.1
Contracts
for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the
The Beer Clear Company Uk Ltd website, or by mail order, are, with the exception of certain excepted contracts, subject to
The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
12.2
If the Regulations
apply, Customers may cancel goods purchased from The Beer Clear Company Uk Ltd by sending a written notice of cancellation
by post or hand delivery addressed to Customer Services at The Beer Clear Company Uk Ltd 48 Drift Way Road, Hook, Hampshire
RG27 9SB or by e-mail to info@beerclear.co.uk
12.3
The notice of cancellation must be delivered within 7 working days of the day after date of delivery
of the goods.
12.4
The Customer will be responsible for the cost of returning the goods if he or she
exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to The Beer
Clear Company Uk Ltd, the Customer is under a duty to make the goods available for collection at the Customer's expense from
the address to which they were delivered.
12.5
The Customer is under a duty to retain possession of
the goods whilst awaiting return to The Beer Clear Company Uk Ltd and to take reasonable care of them during this period.
The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
12.6
The right to cancel does not apply to personalised goods or goods made to a consumer's specification
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13.
Errors & Omissions
13.1
The Beer Clear Company Uk Ltd makes every effort to ensure that all prices
and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce
makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, The Beer Clear Company
Uk Ltd will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or
received payment from the Customer. The Beer Clear Company Uk Ltd liability in that event will be limited to the return of
any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer
will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed
in writing by The Beer Clear Company Uk Ltd after the manifest error has been discovered.
13.2
A 'manifest
error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error
by The Beer Clear Company Uk Ltd which is more than 10% less than the price that would have been quoted had the mistake not
been made.
14. Data Protection
Please note: The Beer Clear Company Uk
Ltd has a full and detailed privacy statement available by clicking here
14.1
Website Security
The
Beer Clear Company Uk Ltd website employs the SSL (Secure Socket Layer) encryption standard in all secure areas, including
login pages, customer information and payment details. Provided the Business Customer/Consumer is using an SSL-compliant browser
such as Netscape's Navigator, Microsoft's Internet Explorer, Opera or Firefox, the Business Customer/Consumer is able to conduct
encrypted transactions without fear of an intermediary obtaining the Business Customer/Consumers credit card information.
14.2
Data
Protection & Data Security
Data is maintained under the provisions of the Data Protection Act (1998). The Beer Clear
Company Uk Ltd may contact the Business Customer/Consumer from time to time to verify and update the data The Beer Clear Company
Uk Ltd holds on the records of the Business Customer/Consumer.
14.3
Information Automatically Logged
The
Beer Clear Company Uk Ltd uses your IP (Internet Protocol) address to help diagnose problems with The Beer Clear Company Uk
Ltd server and to administer The Beer Clear Company Uk Ltdwebsite. The Business Customer/Consumer’s IP address is also
used to help gather broad demographic information. A disk-based cookie (non session) is used to identify the Business Customer/Consumer.
14.4
Registration
and data sharing
Liberty Games’s site registration and order form requires users to give The Beer Clear Company Uk
Ltd contact information (such as name, email, and postal address), unique identifiers (such as username and password), demographic
information (such as postcode), and financial information (such as account or credit card numbers).This data is stored for
use in all The Beer Clear Company Uk Ltd marketing communications and analysis.
14.5
The Beer Clear
Company Uk Ltd will NOT share the Business Customer/Consumer’s email address or personal telephone number with ANY 3rd
parties.
15. General terms of business
15.1
Nothing in these terms
and conditions affects your statutory rights as a Consumer.
15.2
If any provision in this Agreement
is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity
or enforceability of the remaining provisions.
15.3
Any waiver of a breach of this Agreement must be
in writing.
15.4
Any variation of this Agreement must be in writing and signed by a duly authorised
The Beer Clear Company Uk Ltd official.
15.5
The headings are for convenience only and shall not affect
the interpretation of this Agreement.
15.6
Assignment You must not transfer any contract made with us
under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without
good reason.
15.7
Insolvancy
This clause applies if:
a)
the
Business Customer/Consumer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt
or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes
of amalgamation or reconstruction);
b)
An encumbrance takes possession, or a receiver is appointed of
any of the property or assets of the Business Customer/Consumer ; or
c)
The Beer Clear Company Uk Ltd
reasonably apprehends that any of the events mentioned above is about to occur in relation to the Business Customer/Consumer
and notifies the Business Customer/Consumer accordingly.
If this clause applies then without
prejudice to any other right or remedy available to The Beer Clear Company Uk Ltd, The Beer Clear Company Uk Ltd shall be
entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Business
Customer/Consumer and if the Goods have been delivered but not paid for, the price shall become immediately due and payable
notwithstanding any previous agreement or arrangement to the contrary.
15.8
Customer Service queries
The Beer Clear Company
Uk Ltd shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Business
Customer/Consumer has made within 48 hours of receipt of any such query.
The Beer Clear Company Uk Ltd shall make every reasonable endeavour to
respond to complaints within 5 working days and keep the Business Customer/Consumer reasonably notified of any progress thereafter.
Telephone calls made to The Beer Clear Company Uk Ltd may be recorded for
training purposes.
15.9
Third Party (Rights) Act 1999
No third party shall be allowed to enforce
any rights under this contract.
The parties hereby exclude the application of the Contracts (rights of
Third Parties) Act 1999 to each and every contract made under these Conditions.
15.10
No Waiver
The
Beer Clear Company Uk Ltd failure to insist upon strict performance of any provision of these Conditions shall not be deemed
a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance
or compliance with any of these Conditions.
15.11
Notice
Any notice required or permitted to be
given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered
office or principal place of business or such other address as may at the relevant time have been notified pursuant to this
provision to the party giving notice.
Notice shall be delivered personally or sent by first class prepaid recorded
delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case
of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after
posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided
that the sender shall have received printed confirmation of transmission.
15.12
Enforceability
If
any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the
validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
15.13
Dispute
In the event of a dispute between the Business Customer/Consumer and The Beer Clear
Company Uk Ltd should The Beer Clear Company Uk Ltd in writing require, the Business Customer/Consumer agrees to submit to
the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative
to court action.
15.14
Jurisdiction
The contract shall be governed by the laws of England &
Wales and the Business Customer/Consumer agrees to submit to the non-exclusive jurisdiction of the English courts.
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