Curious Brewery Limited
ABOUT THIS NOTICE
Curious Brewery Limited is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you in accordance with data protection law. Please read it carefully.
Data protection law says that the personal information we hold about you must be:
• Used lawfully, fairly and in a transparent way.
• Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
• Relevant to the purposes we have told you about and limited only to those purposes.
• Accurate and kept up to date.
• Kept only as long as necessary for the purposes we have told you about.
• Kept securely
If you have any questions about this notice or how we collect and use personal information about you please contact us using the details set out below.
1 INFORMATION ABOUT US
1.1 We are Curious Brewery Limited. Our registered office is at 31 North Row, London, United Kingdom, W1K 6DA and our registered company number is 13138027.
1.2 If you have any questions, our contact details are:
1.2.1 Curious Brewery Limited, Unit 1, Victoria Rd, Ashford TN23 7HQ
1.2.2 01233 528300
2 CONTRACT INFORMATION AND OTHER CORRESPONDENCE
2.1 When you enter into a contract with us (or someone does so on your behalf) there will be personal information about you relating to that contract such as your name, contact details, contract details, delivery details, and correspondence with us about the contract.
2.2 We need certain information to carry out our contract with you and you must provide this in order to enter into a contract with us (or as required under that contract), if you do not, we may not be able to carry out our contract with you. Mandatory information fields are generally set out when you are entering into the contract, but in particular, you must provide the following information:
2.2.1 Your name and contact details.
2.2.2 Your delivery address.
2.2.3 Your payment details.
2.2.4 Information to verify your identity and other information for us to carry out anti-money laundering checks.
2.3 Other correspondence or interaction (for example by email, telephone, post, SMS or via our website) between you and us, will include personal information (such as names and contact details) in that correspondence. This may include enquiries, reviews, follow-up comments or complaints lodged by or against you and disputes with you or your organisation.
2.4 We will keep and use that information to carry out our contract with you (if applicable), to comply with any legal requirements for us to maintain certain records or carry out certain verifications, and/or for our legitimate interests in dealing with a complaint or enquiry and administering your (or your organisation’s) account or order and any services we offer, as well as to review and improve our offerings, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
2.5 Where your information relates to a contract, it is kept for a period of up to 6 years after the date of the contract or the date your account is closed to enable us to deal with any after sales enquiries or claims and as required for tax purposes.
2.6 Payment information is collected by our payment card processing provider and is retained for a period of up to 6 years after the date of the order.
2.7 Any other information is kept for 7 years.
3.1 We may collect your name and contact details (such as your email address, phone number or address) in order to send you information about our products and services which you might be interested in. We may collect this directly from you, or through a third party. If a third party collected your name and contact details, they will only pass those details to us for marketing purposes if you have consented to them doing so.
3.2 You always have the right to “opt out” of receiving our marketing. You can exercise the right at any time by contacting us. If we send you any marketing emails, we will always provide an unsubscribe option to allow you to opt out of any further marketing emails. If you “opt-out” of our marketing materials you will be added to our suppression list to ensure we do not accidentally send you further marketing. Where you unsubscribe from any postal marketing, you may initially still receive some content which has already been printed or sent, but we will remove you from any future campaigns. We may still need to contact you for administrative or operational purposes, but we will make sure that those communications don’t include direct marketing.
3.3 If you are an existing customer or are acting as a business we use your contact details as necessary for our legitimate interests in marketing to you and maintaining a list of potential customers.
3.4 If you are not an existing customer, and are not acting as a business, we will only contact you for marketing purposes with your consent (whether we have collected your details directly from you, or through a third party).
3.5 We never share your name or contact details with third parties for marketing purposes.
3.6 We retain your details on our marketing list until you “opt-out” at which point we add you to our suppression list. We keep that suppression list indefinitely to comply with our legal obligations to ensure we don’t accidentally send you any more marketing.
4 WEBSITE INFORMATION
4.1 We may collect information about you and your use of our website via technical means such as cookies, webpage counters and other analytics tools. This may include your IP address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. We use this as necessary for our legitimate interests in administering our website and to ensure it operates effectively and securely, and to develop our business and inform our marketing strategy. We may also create aggregate statistical data from that information (for instance, overall numbers of website visitors) which is not personal information about you.
4.2 For detailed information on the cookies we use and the purposes for which we use them see our Cookie Notice.
4.3 We keep this website information about you for 26 months from when it is collected or the relevant cookie expires.
4.4 Our website may, from time to time, contain links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
5 EMPLOYEE INFORMATION
5.1 If you work for one of our customers, suppliers or business partners, the information we collect about you may include your contact information, details of your employment and our relationship with you. This information may be collected directly from you, or provided by your organisation. Your organisation should have informed you that your information would be provided to us, and directed you to this policy. We use this as necessary for our legitimate interests in managing our relationship with your organisation. If we have a business relationship with you or your organisation, we may receive information about you from your organisation.
5.2 We keep this information for up to seven years after the end of our relationship with your organisation.
6 INFORMATION COLLECTED AT OUR PREMISES
6.1 Visitor information. We collect information about visitors to our premises. We may record information on your visit, including the date and time, who you are visiting, your name, employer, contact details and vehicle registration number. If you have an accident at our premises, this may include an account of your accident.
6.2 CCTV. We may operate CCTV at our premises which may record you and your activities. We display notices to make it clear what areas are subject to surveillance. We only release footage following a warrant or formal request from law enforcement, or as necessary in relation to disputes.
6.3 We use this information as necessary for our legitimate interests in administering your visit, ensuring site security and visitor safety, and administering parking.
6.4 Visitor information is kept for a period of up to 6 years. If you have an accident on our premises, our accident records are retained for a period of up to 10 years.
6.5 CCTV recordings may be kept for a period of up to 30 days (unless an incident occurs and it is necessary for us to keep recordings for longer to properly deal with it).
7 JOB APPLICANTS
7.1 We will collect and hold information on job applicants, including information you provide to us in your application, or provided to us by recruitment agencies, as well as information on you from any referees you provide.
7.2 We use this as necessary to enter into an employment contract with you, and for our legitimate interests in evaluating candidates and recording our recruitment activities, and as necessary to exercise and perform our employment law obligations and rights.
7.3 If you are successful in your application, your information will be used and kept in accordance with our internal privacy notice. If you currently work for us, or used to work for us, you can request a copy of this from us. If you are not successful in your application, you information will be held for up to 6 months after the relevant round of recruitment has finished.
7.4 You must provide certain information (such as your name, contact details, professional and educational history) for us to consider your application fully. If you have not provided all of this information, we may contact you to ask for it. If you do not wish to provide this information, we may not be able to properly consider your application.
7.5 If you are listed as a referee by an applicant, we will hold your name, contact details, professional information about you (such as your employer and job title) and details of your relationship with the applicant. We will use this information as necessary for our legitimate interests in evaluating candidates and as necessary to exercise and perform our employment law obligations and rights. Your information will be kept alongside the applicant’s information.
7.6 If you are listed as an emergency contact by someone who works for us, we will hold your name, contact details and details of your relationship with that worker. We will use this to contact you as necessary to carry out our obligations under employment law, to protect the vital interests of that worker, and for our legitimate interests in administering our relationship with that worker. Your information will be kept until it is updated by that worker, or we no longer need to contact that worker after they have stopped working for us.
8 LEGAL CLAIMS
8.1 Where we consider there to be a risk that we may need to defend or bring legal claims, we may retain your personal information as necessary for our legitimate interests in ensuring that we can properly bring or defend legal claims. We may also need to share this information with our insurers or legal advisers. How long we keep this information for will depend on the nature of the claim and how long we consider there to be a risk that we will need to defend or bring a claim.
9 INFORMATION WE RECEIVE FROM THIRD PARTIES
9.1 We may also receive information about you from the following sources:
9.1.1 Our service providers. We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies) who may provide us with information about you, to be used as set out above.
9.1.2 Publicly available sources. We obtain information from the following publicly available sources: Companies House or LinkedIn.
9.1.3 Our other channels. This is information we receive about you if you use any of the other websites we operate or the other services or products we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this website. We will also have told you for what purpose we will share and combine your data.
9.1.4 Credit information. We may also collect credit information on you from third party reference agencies.
10 SPECIAL CATEGORIES OF DATA
We do not collect any “special categories” of more sensitive personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data, as well as information about criminal convictions and offences).
11 WHY ELSE DO WE USE YOUR INFORMATION?
11.1 Common uses of your information. We will only use your personal information when the law allows us to do so. Although in limited circumstances we may use your information because you have specifically consented to it, we generally use your information in the ways set out in this notice because:
11.1.1 we need to perform a contract we have entered into with you.
11.1.2 we need to comply with a legal obligation.
11.1.3 it is necessary for our legitimate interests (or those of a third party) and your interests and rights do not override those interests.
11.1.4 we need to protect your interests (or someone else’s interests) or where it is needed in the public interest (although these circumstances are likely to be rare).
11.2 Change of purpose. We will only use your personal information for the purposes for which we collected it as set out in this notice, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
12 SHARING YOUR INFORMATION
As well as any sharing listed above, we may also share your information with third parties, including third-party service providers and other entities in our group. Third parties are required to respect the security of your personal information and to treat it in accordance with the law. We never sell your data to third parties.
12.1 Why might we share your personal information with third parties?
We may share your personal information with third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our agreements with you, or to protect the rights, property, or safety of us, our customers, or others or where we have another legitimate interest in doing so. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
12.2 Which third-party service providers process your personal information?
12.3 We also may need to share your personal information for third-party service providers (including contractors and designated agents) so that they can carry out their services.
12.4 The following activities are carried out by third-party service providers: legal advice, delivery, IT services.
12.5 When might we share your personal information with other entities in the group?
12.6 We may share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, and for system maintenance support and hosting of data.
12.7 How secure is your information with third-party service providers and other entities in our group?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information. Where third parties process your personal information on our behalf as “data processors” they must do so only on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
12.8 What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business where necessary in connection with the purposes which your information was collected for. We may also need to share your personal information with a regulator or to otherwise comply with the law.
13 WHERE WE STORE YOUR INFORMATION
13.1 Our office headquarters are based in Ashford, Kent and our main data centre is located in the UK. However, where required to perform our contract with you or for our wider business purposes, the information that we hold about you may be transferred to, and stored at, a destination outside the UK and the EU. It may also be processed by staff operating outside the UK and EU who work for us or for one of our service providers.
13.2 We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy notice.
Some countries or organisations outside of the UK and the EU which we may transfer your information to will have an “adequacy decision” in place, meaning the EU considers them to have an adequate data protection regime in place. These are set out on the European Commission website: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
13.3 If we transfer data to countries or organisations outside of the UK and the EU which the EU does not consider to have an adequate data protection regime in place, we will ensure that appropriate safeguards (for example, model clauses approved by the EU or a data protection authority) are put in place where required. To obtain more details of these safeguards, please contact us.
14 DATA SECURITY
14.1 As well as the measures set out above in relation to sharing of your information, we have put in place appropriate internal security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
14.2 We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where necessary.
15 HOW LONG WILL WE KEEP YOUR INFORMATION FOR?
15.1 We have set out above indications of how long we generally keep your information. In some circumstances, it may be necessary to keep your information for longer than that in order to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
15.2 To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
15.3 In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
16 YOUR RIGHTS
16.1 Data protection law gives you a number of rights when it comes to personal information we hold about you. The key rights are set out below. More information about your rights can be obtained from the Information Commissioner’s Office (ICO). Under certain circumstances, by law you have the right to:
16.1.1 Be informed in a clear, transparent and easily understandable way about how we use your personal information and about your rights. This is why we are providing you with the information in this notice. If you require any further information about how we use your personal information, please let us know.
16.1.2 Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
16.1.3 Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
16.1.4 Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it (for instance, we may need to continue using your personal data to comply with our legal obligations). You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
16.1.5 Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to us using your information on this basis and we do not have a compelling legitimate basis for doing so which overrides your rights, interests and freedoms (for instance, we may need it to defend a legal claim). You also have the right to object where we are processing your personal information for direct marketing purposes.
16.1.6 Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
16.1.7 Request the transfer of your personal information to another party where you provided it to us and we are using it based on your consent, or to carry out a contract with you, and we process it using automated means.
16.1.8 Withdraw consent. In the limited circumstances where we are relying on your consent (as opposed to the other bases set out above) to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate interest in doing so.
16.1.9 Lodge a complaint. If you think that we are using your information in a way which breaches data protection law, you have the right to lodge a complaint with your national data protection supervisory authority (if you are in the UK, this will be the ICO).
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, withdraw your consent to the processing of your personal information or request that we transfer a copy of your personal information to another party, please contact us.
16.2 No fee usually required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
16.3 What we may need from you. We may need to request specific information from you to help us understand the nature of your request, to confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
16.4 Timescale. Please consider your request responsibly before submitting it. We will respond to your request as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we will let you know.
17 CHANGES TO THIS PRIVACY NOTICE
Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail or otherwise. Please check back frequently to see any updates or changes to our privacy notice.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
The table below lists the cookies we collect and what information they store
LIST OF COOKIES WE COLLECT
|The association with your shopping cart.
|Stores the category info on the page, that allows to display pages more quickly.
|The items that you have in the Compare Products list.
|Your preferred currency
|An encrypted version of your customer id with the store.
|An indicator if you are currently logged into the store
|An encrypted version of the customer group you belong to
|Stores the Customer Segment ID
|A flag, which indicates whether caching is disabled or not.
|You session ID on the server.
|Allows guests to edit their orders.
|The last category you visited
|The most recent product you have viewed
|Indicates whether a new message has been received.
|Indicates whether it is allowed to use cache.
|A link to information about your cart and viewing history if you have asked the site.
|The ID of any polls you have recently voted in.
|Information on what polls you have voted on
|The items that you have recently compared
|Information on products you have emailed to friends.
|The store view or language you have selected.
|The products that you have recently viewed.
|An encrypted list of products added to your Wishlist.
|The number of items in your Wishlist.
Terms & Conditions
CURIOUS BREWERY’S TERMS AND CONDITIONS
These Terms set out the basis on which we (Curious Brewery Limited) will sell Products (as defined below) to you (the person placing the Order). These Terms apply to Orders placed via our website www.curiousbrewery.com, Orders placed by email and to telephone Orders. These Terms are intended to apply to sales to consumers. If you are acting in a business capacity, please Contact Us to discuss your requirements.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 Products: means the wine, sparkling wine, spirits, gifts, merchandise, beer and/or cider that we are selling to you as set out in your Order;
1.1.2 Order: means your order for the Products which is submitted by you via our Website, by email or by way of a telephone Order; and
1.1.3 Terms: means the terms and conditions set out in this document; and
1.1.4 Website: means our website at www.curiousbrewery.com.
1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
2 TERMS AND CONDITIONS
2.1 Please take time to read these Terms carefully as they affect your rights and liabilities under law. By placing any Order, you agree to be bound by these Terms.
3 OUR CONTRACT WITH YOU
3.1 When you submit an Order to us, this does not mean that we have accepted your Order. Our acceptance of your Order will take place as described in clause 3.2. If we are unable to supply you with the Product for example if the Product is out of stock, we will inform you of this and will not process the Order.
3.2 These Terms will become binding on you and us when we issue you with a written acceptance of an Order or, if earlier, we start processing your Order, at which point a contract will come into existence between you and us.
3.3 We will assign an order number to the Order and inform you when we confirm the Order. Please quote the Order number in all subsequent correspondence with us relating to the Order.
3.4 We aim to show products on our website as accurately as possible, but they are for illustrative purposes only and so the Products you receive may look different. If there is anything unclear, or if you wish to obtain further information, please Contact Us.
4 CHANGES TO YOUR ORDER
4.1 You may make a change to your Order at any time before we despatch the Products. Where this results in a change in the total price of the Products, we will notify you of the amended price in writing. If the price is higher, you can choose to cancel the Order by informing us promptly in writing.
5 DELIVERY OF THE PRODUCTS
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Please allow for extra time for deliveries to the Scottish Highlands and Islands. Unfortunately, orders for delivery overseas cannot be placed online. If you would like to place an order to be delivered to a non-UK mainland address please email email@example.com with your order requirements and delivery address, the sales team will come back to you with delivery charges and timings. Delivery charges will be confirmed during the checkout process if you order online or prior to your Order being processed if you place a telephone or email Order.
5.2 Our couriers normally deliver Monday to Friday, between 8.30am and 5.30pm. If you are not present at the delivery address and have not provided us with alternative delivery instructions when placing your Order the courier will leave a note to inform you that delivery has been attempted and the Products have been returned to our depot. If the Products are returned to our depot, we will endeavour to deliver the Products to you again, but if you are not present at the delivery address for a second time we reserve the right to have the Products returned to us and, in the event you contact us to request us to attempt delivery another time, to charge you additional delivery charges. Our delivery times are usually 3-5 working days from the date your Order has been placed (excluding weekends and bank holidays). At busy periods despatch and delivery may take longer than 3-5 working days but in any event will be within 30 days of your Order.
5.3 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery charges for this.
5.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
5.5 You own the Products once we have received payment in full and they have been delivered to you.
6 RETURN OF DAMAGED OR MIS-DESCRIBED PRODUCTS
6.1 When your Products are delivered please check the delivery carefully to ensure it is complete and no Products are damaged. In the event that your Order is visibly damaged, do not accept the Order and please return the Products to the courier.
6.2 If you have accepted the Product(s) and subsequently discover that they are damaged / misdescribed or Products are missing please Contact Us immediately,
6.3 If you receive Products which are damages, misdescribed or missing, you may be entitled to a refund, price reduction or replacement. Where a replacement is not possible e.g. because the Product is no longer available then a refund will be offered.
6.3 Please note that for our third party courier company to accept liability for damage caused in transit we must inform them of any damage within 24 hours of delivery. Therefore, we ask that you inform us as soon as possible following delivery of the Product(s) if there has been any damage.
6.4 If you have any problems with your purchase, we can offer help and assistance. Please Contact Us.
6.5 Your rights under UK or your national consumer legislation are not affected by these Terms.
Please remember that our Products are agricultural and stocks run out from time to time and therefore are subject to availability. If for any reason we are unable to supply a particular Product we will notify you and offer a similar Product as a replacement. If you do not wish to accept a replacement Product, you may cancel your Order.
8 PRICE AND PAYMENT
8.1 The price of the Products will be the price indicated on our Website or notified to you by email or telephone when the Order is placed. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
8.2 We accept payment on our Website by debit and credit card (Switch, Visa, Delta, MasterCard, Electron, Solo, Maestro and American Express), PayPal and Amazon Pay. Please contact us by email or by telephone if you would like to pay by cheque. We will not dispatch the Products until we are in receipt of cleared funds.
8.3 Our stated prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
8.4 The prices for the Products exclude delivery charges, which will be added to the total amount due.
8.5 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you. If the Product’s correct price is higher than the price stated on our Website, we will contact you and provide you with the option of:
8.5.1 placing a new Order at the correct price for the mis-priced Product(s);
8.5.2 cancelling your Order for the mis-priced Product(s); or
8.5.3 cancelling the whole of your Order.
9 YOUR CANCELLATION RIGHTS
9.1 You may cancel the Order, for whatever reason, from the moment you place the Order until 14 days after the date you receive the Products from us, provided of course none of the Products have been opened or damaged by you.
9.2 If you wish to cancel the Order please e-mail us at firstname.lastname@example.org or write to us at the address given below.
9.3 Please note that if you choose to cancel the Order in accordance with clause 9.1 and the Products have already been dispatched to you, we will not be able to cancel your Order until the Products have been returned to us or collected by our courier and we have had an opportunity to inspect the returned Products. Please note that the return of the Products will be at your cost.
9.4 Once your Order has been cancelled we will confirm this in writing to you and promptly provide you with a refund of the price paid for the Products.
10 OUR CANCELLATION RIGHTS
10.1 We reserve the right to cancel any Order for any reason by informing you in writing. If your Order is cancelled we will contact you to let you know and will refund any money you have paid us in respect of the Order.
11 OUR LIABILITY TO YOU
11.1 Subject to clause 11.2, if we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence for both of us at the time you make the Order. Our liability shall not include business losses such as loss of profits, loss of business or business interruption. In any event, our liability to you shall be limited to the value of the Order.
11.2 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or for any other liability it is unlawful to exclude or limit.
11.3 Given the nature of the Products please do remember that their maturation is a variable process and some Products may no longer be at their peak at their time of consumption. Should this be the case, it will not amount to a breach of warranty.
11.4 Other than as stated elsewhere in these Terms, all warranties, conditions and terms expressed or implied, whether by statute, common law, custom, trade usage, course of dealings or otherwise in respect of the Products are hereby excluded to the fullest extent permitted by law. Nothing in these Terms shall affect your statutory rights as a consumer.
12 AGE RESTRICTION
12.1 By placing an Order you confirm you are of at least 18 years old.
12.2 To comply with the law, we can only deliver wine and other alcohol purchases from us to persons over 18 years old. Upon delivery, we may require you to sign for your Order to confirm your age. We operate a “Challenge 25” policy which means that, even if you are over 18 years old but look under 25 years old, you should expect to be asked for some proof of age at the point of delivery.
12.3 Deliveries to your address are fulfilled by a 3rd party courier. If, upon delivery, there is no one at the delivery address to receive your Order or if the third party reasonably suspects the signee is under 18 years old we will not be able to leave the Products.
13 EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any circumstances beyond our reasonable control although we will take reasonable steps to minimise the impact of any such circumstances. And to the extent that such circumstances do occur and continue for a period of more than 28 days either of us may cancel the Order by giving the other notice in writing.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will only use the personal information you provide to us as set out in our Privacy Notice
15 OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 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.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 These Terms are governed by English law. If you live in England, you agree to submit to the exclusive jurisdiction of the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
16 INFORMATION ABOUT US AND HOW TO CONTACT US
16.1 We are Curious Brewery Ltd a company registered in England and Wales. Our company registration number is 13138027 and our registered office is at Curious Brewery Ltd 31 North Row, London, United Kingdom, W1K 6DA. Our registered VAT number is GB369454162.
16.2 If you have any questions or if you have any complaints, please contact us. You can contact us by calling us on 01233 528300 or by e-mailing us at email@example.com
Terms and Conditions Updated April 2018