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Terms & Conditions of Consumer Website Purchases

These Terms and Conditions (Terms) cover the contract between us and you for the sale of our products and/or services.

These Terms may be amended by us, please ensure you check these Terms before you place an order.

Before you place an order you will be asked to confirm that you agree to these Terms, if you do not agree to them you will not be able to place your order.

It is illegal in England and Wales to sell age-restricted products to anyone under the legal age. In order to use this website you will have confirmed that you are at least 18 years old, if you have been untruthful we may consider that to be a breach of these Terms, in which case we will not be obliged to fulfil your order and we may not issue you with a full refund if we have incurred costs as a result of preparing perishable goods which we are unable to resell.

  1. Beech Avenue Brewery Limited
    1. We (Beech Avenue Brewery Limited) operate this website. We are a private limited company, our registered address is 20, Beech Avenue, Gresford, Wrexham, LL12 8EL. The Brewery is based at Lodge Farm, Near Holt, Wrexham, LL13 9TE.
    2. Our contact details can be found on the contact us page of this website. You can contact us by email, via the website contact form, by telephone and by post to our registered address.
    3. For general enquiries you can contact us by social media, enquiries regarding an order or to raise an issue or complaint should be made using one of the contact methods outlined in 1.2 above.
    4. We will usually contact you by email if we need to get in touch but we may also contact you using other contact details provided to us by you if we consider these to be most appropriate or contact by email is not possible.
  1. Use of this website
    1. The Terms relating to your use of this website are outlined in the Terms of website use and the Privacy and Cookies Policy. Please also read these Terms to understand how they apply to you.
  1. Our Products


3.1 All details and descriptions of the Products on our website are correct at the time of being added. Although we aim to keep our site as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

    1. The packaging of the Products may vary from that shown on images on our site.
  1. Ordering from this website

4.1 AGE-RESTRICTED PRODUCTS

4.1.1 You may only purchase age restricted products from this website if you are of the legal age to do so.

4.1.2 With respect to alcohol, you must be at least 18 years old to purchase alcohol and you or, if it is not you, the person who accepts delivery of the alcohol must be over 18 years old.

4.1.3 It is a condition of our alcohol licence to operate a challenge 25 policy. If you or, if it is not you, the person who accepts delivery does not appear to be at least 25 years old, we cannot complete delivery without confirmation from an official identification document that you or, if it is not you, the person accepting delivery is at least 18 years old.

4.1.4 It is your responsibility to provide proof of age and, in the event that it is not provided and we therefore cannot complete delivery, we do not accept liability to refund your order as we consider that you will have been in breach of these Terms.

    1. Orders placed through this website are for domestic, personal purchases. If we consider it necessary and appropriate, we may exercise our right to take action in the event that our products are used for commercial purposes without our knowledge and consent. If you wish to make a trade purchase please contact us.
    1. You should check your order details and our delivery information before you confirm your order. You may not be able to make changes to your order after it has been confirmed. If you do wish to make changes to your order please let us know as soon as possible by email or via the contact form on this website quoting your order number. We will do as much as we can to accommodate your request.
    1. You will receive an email confirmation of your order. If for any reason we are unable to fulfil your order we will contact you and, if we cannot arrange a suitable alternative for you, we will provide a full refund as outlined at 4.6 below.
    2. We reserve the right to refuse to process a transaction for any reason. If payment has been made, a full refund will be issued as outlined at 4.6 below.
    3. We will instruct for the refund to be made within 2 working days of becoming aware of the need to make the refund. The refund should then be processed and received by you within 14 days by the same method that you have made payment. If you have paid with vouchers, the refund may be issued to you in vouchers.
  1. Cancellations, refunds and faulty or inadequate goods

5.1 ALE POUCHES AND BAG IN BOX

5.1.1 Under regulations for distance selling you have the right to cancel your order within 14 days of receipt of the products and or services however, there are some exceptions.

5.1.2 We consider that an order for our ale in pouches or bag in box fall within these exceptions. This is due to the nature of the product and as we package the ale to order. As the ale is a perishable product, packaged fresh for the customer, needs to be stored at correct temperatures and we may not be able to sell it to another customer we consider that once it has been packaged you are no longer entitled to a full refund if you wish to cancel.

5.1.3 We understand that at times customers change their mind or have a change of circumstances so, for any request to cancel after ale has been packaged, a refund will be considered at our discretion and our assessment of our ability to resell the item.

5.2 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

      1. In relation to our non-perishable, non-customised and non-bespoke products, you are entitled to cancel the order, without providing a reason, for a full refund within 14 days of receipt if they remain in their original state with any hygiene seal unopened and not tampered with.
      2. In order to cancel, you should inform us by email or via the contact form on this website (please see our contact us page for details) by making a clear statement you wish to cancel and quoting your order number.
      3. In order to meet the cancellation deadline, it is sufficient for you to send your communication notifying us of your wish to cancel before the cancellation period has expired.
      4. If you cancel we will refund you all payments including the delivery charge. We may make a deduction from the refund for loss in value of the goods supplied if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
      5. We will arrange the refund to you by the same method by which you have paid unless you agree otherwise. If you have paid using vouchers we may refund you with vouchers of the equivalent value. You will not incur charges for the processing of the refund payment.
      6. We will arrange the refund without undue delay and you should receive your refund no more than 14 days after we receive the goods back from you or 14 days after you have provided evidence that you have returned the goods to us or 14 days from receipt of your notification to cancel the order if the goods have not been supplied to you.
      7. We can either collect the goods from you or you can return them to us if we are able to make suitable arrangements for you to do so.
    1. Faulty or inadequate goods.
      1. We are always happy when our customers are happy with and enjoy their purchases but we realise that there may be times when our products are not to the high standard we expect and when this happens we need to know about it.
      2. To notify us of faulty or inadequate goods you should send an email or use the contact form on this website quoting your order number, providing details of the issue within 7 days of becoming aware of the fault or inadequacy of the goods. We may request photographic proof to assist us to consider the issue. We will endeavour to respond to you within 2 working days of receiving your communication.
      3. In the event of a refund being issued we will arrange the refund to you by the same method by which you have paid unless you agree otherwise. If you have paid using vouchers we may refund you with vouchers of the equivalent value. You will not incur charges for the processing of the refund payment.
      4. We will arrange the refund without undue delay and you should receive your refund no more than 14 days after we have confirmed that the refund is to be issued.
    2. Only items purchased on this website can be returned to and/or refunded by us.
    3. Proof of purchase will be required for any return and/or refund to be processed.
    4. You must be the party who made the purchase on this website to cancel an order, return goods, advise us of faulty or inadequate goods or receive a refund.
    5. These provisions do not limit your statutory rights.
  1. Prices and delivery

6.1 We try our best to ensure all information on the website is correct and up to date however there may be times when product pricing is not accurate. If we discover this following you placing an order we may contact you to confirm whether you wish to continue with the purchase at the correct price. We will not process the order without your agreement to pay the correct price and, if this is not obtained, we may cancel the order in the absence of your agreement.

6.2 We may decide to change the prices of our products from time to time. If this happens after you have placed an order, your order will proceed on the basis of the price at the time the order was placed.

6.3 As we are not VAT registered we do not charge VAT, if we were to become VAT registered we would display our product prices inclusive of VAT.

6.4 We do not include the delivery price with the product price. Our delivery details including areas we cover, minimum order amounts, delivery days and delivery charges can be found on this website. Charges may vary depending on the order amount and the delivery distance.

6.5 We may vary our delivery days, delivery areas and delivery charges depending upon demand. We will update our delivery details when there are any changes.

6.6 For age restricted products, as well as the person purchasing the product, the person receiving the product on delivery has to meet the minimum age requirements. For the sale of alcohol, we operate a challenge 25 policy. If the person accepting the delivery, whether that be you or another, does not appear to be at least 25 years old, proof of age will be required to verify that they are at least 18 years old.

6.7 It is your responsibility to ensure that you can accept your order and provide proof of age if it is required. If this is not provided we may treat this as a breach of these Terms, we will not be able to complete your delivery and you may not receive a refund.

  1. How to pay


7.1You can pay for Products using all major debit card and credit cards via our payment processor Stripe. We never see your card or bank details. Although you enter your personal details on our website, your payment information fields are actually hosted by our payment provider and submit your payment details securely to our payment processor directly – not via our server. This gives you added security when you order.

7.2 You agree to comply with the terms and conditions of the relevant payment providers referred to in clause 7.1, as applicable from time to time.

7.3 Please be sure to provide your exact billing address and telephone number, which must be the same address and telephone number that your debit/credit card company has on file for you. Incorrect information may cause a delay in processing your order.

7.4 Payment for the Products and all applicable delivery charges is in advance.

7.5 All debit/credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us via our payment processor Stripe, we will not be liable for any delay or non-delivery.

8 Our liability to you if you are a customer


8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

8.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3 We do not in any way exclude or limit our liability for:
8.3.1 death or personal injury caused by our negligence;
8.3.2 fraud or fradulent misrepresentation;
8.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
8.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
8.3.5 defective products under the Consumer Protection Act 1987.

9 Events outside our control / Force majeure


9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.

9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

9.3.1 we will contact you as soon as reasonably possible to notify you; and

9.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

9.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

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