PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEN YOU MUST NOT USE THIS SITE.

Terms of use

These terms and conditions (terms) tell you the rules for using our website www.gritchiepubs.com (our site). By using our site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

We may amend these terms from time to time. These terms were most recently updated on 17 January 2019. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

About us

Our site operated by Fatboy Pub Company Limited (our, we and us), a private limited company registered in England and Wales under company number 11159491 with our registered office at Ampney House, Falcon Close, Quedgeley, Gloucester, GL2 4LS. Our VAT number is [298144860]. To contact us, please email [email protected].uk.

Changes, suspension and withdrawal

Our site is made available free of charge. We may update and change our site from time to time. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business, operational or other reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Information on our site

The content on our site is provided for general information only. It is not, nor is it intended to amount to, advice on which you can rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the content and material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page from our site for your own personal use provided that you do not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site and as the holders of our trade marks must always be acknowledged.

You must not use or copy any part of the content on our site for commercial purposes or otherwise than expressly stated in these terms without first obtaining a written licence to do so from us or our licensors.

If you use, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Other websites

Any links in our site to other sites and resources provided by third parties are provided for your information only. Such links are not, nor should they be interpreted as, approval by us of those linked websites or any information or other thing you may obtain from them. We have no control over the contents of those sites or resources.

Limitation of liability

We will not be liable to you, for any loss or damage, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with your use of, or inability to use, our site, or your use of or reliance on any content on our site. In particular, we will not be liable to you for any loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

Your personal information

We will only use your personal information as set out in our Privacy Policy which can be viewed here www.gritchiepubs.com/privacy-notice

Anti-malware protection

We do not guarantee that our site will be secure or free from malicious software, including bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access and use our site. You should use your own virus protection software.

Misuse of our site

You may not use our site in any way that breaches any applicable law or regulation, or to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, spam or any other form of solicitation.

You must not misuse our site or knowingly introduce, transmit, send or upload any viruses, trojans, worms, logic or time bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware.

You must not access without authority, or attempt to gain unauthorised access to, any part of our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. Breaching this provision is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access and use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not in our opinion damage our reputation or take advantage of it. We may withdraw linking permission without notice.

You must not establish a link to our site in any website that is not owned by you, or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site and you must not create a link to any part of our site other than the home page.

If you wish to link to or make any use of content on our site other than that set out in these terms, please contact [email protected]

Breach of these terms

You will be liable to us for and shall indemnify us against any breach by you of these terms. This means you will be responsible for any loss or damage we suffer as a result of any such breach on your part.

Other terms

These terms constitute your entire agreement with us relating to your access to and use of our site. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable (or if such modification is not possible, the relevant provision or part-provision shall be deemed deleted) but that shall not affect the validity and enforceability of the rest of these terms.

Governing law and jurisdiction

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. The courts of England will have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter or formation.

Our terms

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions on which we supply products to you.
    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. If you think that there is a mistake in these terms, please contact us to discuss.
    3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in red and those specific to businesses only are in green.

    1. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are Ashcombe Estates LLP, t/a Gritchie Brewing Company an LLP registered in England and Wales. Our company registration number is OC349788 and our registered office is at 31 Hill Street, London W1J 3LS, and our trading address is at Ashgrove Farm, Ashmore, Wiltshire SP5 5AW. Our registered VAT number is 986249466.
    2. How to contact us. You can contact us by telephoning our customer service team on 01747 828996 or by writing to us at [email protected].
    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 in your order.
    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  2. OUR CONTRACT WITH YOU
    1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this 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.
    3. 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. 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 addresses outside the UK.
  3. OUR PRODUCTS
    1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 
    2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
  4. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. 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.

  1. OUR RIGHTS TO MAKE CHANGES

Minor changes to the products. We may change the product:

      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
  1. PROVIDING THE PRODUCTS
    1. Delivery costs. The costs of delivery will be as displayed to you on our website.
    2. When we will provide the products. We will deliver them to you as soon as reasonably possible, which will usually be within 3 to 5 days after the day on which we accept your order depending on the option which you choose when purchasing, and in any event within 30 days after the day on which we accept your order.  
    3. We are not responsible for delays outside our control. 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. Provided we do this we will not be liable for delays caused by the event, but 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.
    4. 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, or left in a safe place or with a neighbour according to the instructions you provide when you make your order or that you subsequently give to the courier (so long as your instructions are accepted by the courier), we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    5. 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 storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
    6. When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us or when you collect from a local depot.
    7. When you own goods. You own goods once we have received payment in full.
    8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, confirmation of access requirements for delivery. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) 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 or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  2. YOUR RIGHTS TO END THE CONTRACT
    1. You can always end 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, when you decide to end the contract and whether you are a consumer or business customer:
      1. 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), see clause 12 if you are a consumer and clause 13 if you are a business;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
      3. If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind within the cooling off period), see clause 8.6.
    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 (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      1. 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;
      2. there is a risk that supply of the products may be significantly delayed because of events outside our control; or
      3. you have a legal right to end the contract because of something we have done wrong.
    3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    4. When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
    5. How long do consumers have to change their minds? If you are a consumer who has bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
        1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
        2. Your goods are for regular delivery over a set period (for example monthly for a year).  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
    6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  3. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      1. Phone or email. Call customer services on 01747 828996 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      2. Online. Complete the ONLINE FORM on our website.
      3. By post. Print off the form and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    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. You must either return the goods in person to where you bought them, post them back to us at the address on the delivery notice or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01747 828996 or email us at [email protected] for a return label or to arrange collection.  If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    3. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or misdescribed; or
      2. 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 a consumer exercising your right to change your mind) you must pay the costs of return.

    1. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see DELIVERY CHARGES.
    2. How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs (where applicable), by the method you used for payment. However, we may make deductions from the price, as described below.
    3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    4. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then:
      1. If the products are goods and we have not offered to collect them, 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. For information about how to return a product to us, see clause 9.2.
      2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
  1. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, access information for delivery; or
      3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product, as far as is reasonably possible, and will refund any sums you have paid in advance for products which will not be provided.
  2. IF THERE IS A PROBLEM WITH THE PRODUCT

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 on 01747 828996 or write to us at [email protected] or by post to Ashgrove Farm, Ashmore, Wiltshire SP5 5AW.

  1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
    1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example clothes or drinks, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

    1. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (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 01747 828996 or email us at [email protected] for a return label or to arrange collection.
  1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
    1. If you are a business customer we warrant that on delivery, any goods shall:
      1. conform in all material respects with their description; and
      2. be free from material defects in design, material and workmanship.
    2. Subject to clause 13.3, if:
      1. you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
      2. we are given a reasonable opportunity of examining such product; and
      3. you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

    1. We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
      1. you make any further use of such product after giving a notice in accordance with clause 13.2(a);
      2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
      3. the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
      4. you alter or repair the product without our written consent; or
      5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
    2. Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
    3. These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
  1. PRICE AND PAYMENT
    1. Where to find the price for the product. The price of the product (which includes applicable VAT and duties) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
    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.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    4. When you must pay and how you must pay. We accept payment with Paypal or such credit and debit cards as are listed on our website during the ordering process. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
    5. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    6. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Coutts & Co from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  2. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
    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.
    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 as summarised at clause 12.1 and for defective products under the Consumer Protection Act 1987
    3. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
  3. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
    1. Nothing in these terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      4. defective products under the Consumer Protection Act 1987; or
      5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    3. Subject to clause 16.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
  4. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our  PRIVACY POLICY.

  1. OTHER IMPORTANT TERMS
    1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else.  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 
    3. 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.
    4. 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.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in 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.
    7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

 

Our terms

  1. THESE TERMS

1.1           What these terms cover. These are the terms and conditions on which we supply products 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. If you think that there is a mistake in these terms, please contact us to discuss.

1.3           Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in red and those specific to businesses only are in green.

1.4           If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1           Who we are. We are Ashcombe Estates LLP, t/a Gritchie Brewing Company an LLP registered in England and Wales. Our company registration number is OC349788 and our registered office is at 31 Hill Street, London W1J 3LS, and our trading address is at Ashgrove Farm, Ashmore, Wiltshire SP5 5AW. Our registered VAT number is 986249466.

2.2           How to contact us. You can contact us by telephoning our customer service team on 01747 828996 or by writing to us at [email protected].

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 in your order.

2.4           “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  1. OUR CONTRACT WITH YOU

3.1           How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2           If we cannot accept your order. If we are unable to accept your order, we will inform you of this 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.

3.3           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.

3.4           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 addresses outside the UK.

  1. OUR PRODUCTS

4.1           Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2           Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

  1. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. 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.

  1. OUR RIGHTS TO MAKE CHANGES

Minor changes to the products. We may change the product:

(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.

  1. PROVIDING THE PRODUCTS

7.1           Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2           When we will provide the products. We will deliver them to you as soon as reasonably possible, which will usually be within 3 to 5 days after the day on which we accept your order depending on the option which you choose when purchasing, and in any event within 30 days after the day on which we accept your order.

7.3           We are not responsible for delays outside our control. 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. Provided we do this we will not be liable for delays caused by the event, but 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.

7.4           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, or left in a safe place or with a neighbour according to the instructions you provide when you make your order or that you subsequently give to the courier (so long as your instructions are accepted by the courier), we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5           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 storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6           When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us or when you collect from a local depot.

7.7           When you own goods. You own goods once we have received payment in full.

7.8           What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, confirmation of access requirements for delivery. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) 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 or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

  1. YOUR RIGHTS TO END THE CONTRACT

8.1           You can always end 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, when you decide to end the contract and whether you are a consumer or business customer:

(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), see clause 12 if you are a consumer and clause 13 if you are a business;

(b)            If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c)            If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, 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 (if we are not at fault and you are not a consumer exercising your right to change your mind within the cooling off period), see clause 8.6.

8.2           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 (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)            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;

(b)            there is a risk that supply of the products may be significantly delayed because of events outside our control; or

(c)            you have a legal right to end the contract because of something we have done wrong.

8.3           Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4           When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

8.5           How long do consumers have to change their minds? If you are a consumer who has bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:

(i)             Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.

(ii)            Your goods are for regular delivery over a set period (for example monthly for a year).  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

8.6           Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1           Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)            Phone or email. Call customer services on 01747 828996 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)            Online. Complete the form ONLINE FORM on our website.

(c)            By post. Print off the PDF form and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2           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. You must either return the goods in person to where you bought them, post them back to us at the address on the delivery notice or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01747 828996 or email us at [email protected] for a return label or to arrange collection.  If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3           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 a consumer exercising your right to change your mind) you must pay the costs of return.

9.4           What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see DELIVERY CHARGES.

9.5           How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs (where applicable), by the method you used for payment. However, we may make deductions from the price, as described below.

9.6           When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.7           When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then:

(a)            If the products are goods and we have not offered to collect them, 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. For information about how to return a product to us, see clause 9.2.

(b)            In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

  1. OUR RIGHTS TO END THE CONTRACT

10.1        We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)            you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)            you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, access information for delivery; or

(c)            you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

10.2        You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3        We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product, as far as is reasonably possible, and will refund any sums you have paid in advance for products which will not be provided.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT

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 on 01747 828996 or write to us at [email protected] or by post to Ashgrove Farm, Ashmore, Wiltshire SP5 5AW.

  1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

12.1        If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example clothes or drinks, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

12.2        Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (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 01747 828996 or email us at [email protected] for a return label or to arrange collection.

  1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

13.1        If you are a business customer we warrant that on delivery, any goods shall:

(a)            conform in all material respects with their description; and

(b)            be free from material defects in design, material and workmanship.

13.2        Subject to clause 13.3, if:

(a)            you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;

(b)            we are given a reasonable opportunity of examining such product; and

(c)            you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

13.3        We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:

(a)            you make any further use of such product after giving a notice in accordance with clause 13.2(a);

(b)            the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

(c)            the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

(d)            you alter or repair the product without our written consent; or

(e)            the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.4        Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.

13.5        These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.

  1. PRICE AND PAYMENT

14.1        Where to find the price for the product. The price of the product (which includes applicable VAT and duties) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2        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.

14.3        What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

14.4        When you must pay and how you must pay. We accept payment with Paypal or such credit and debit cards as are listed on our website during the ordering process. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

14.5        Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.6        We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Coutts & Co from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

15.1        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.

15.2        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 as summarised at clause 12.1 and for defective products under the Consumer Protection Act 1987

15.3        We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

16.1        Nothing in these terms shall limit or exclude our liability for:

(a)            death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)            fraud or fraudulent misrepresentation;

(c)            breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d)            defective products under the Consumer Protection Act 1987; or

(e)            any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2        Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3        Subject to clause 16.1:

(a)            we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)            our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our  PRIVACY POLICY.

  1. OTHER IMPORTANT TERMS

18.1        We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

18.2        You need our consent to transfer your rights to someone else.  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3        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.

18.4        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.

18.5        Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18.6        Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in 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.

18.7        Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

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