Terms of Use
1. Definitions and Interpretation
1.1. In these conditions:-
“Contract” means any contract for the sale of goods and/or the supply of services between you and us into which these terms and conditions are incorporated;
“Our Site” means our presence on the Internet;
“we” means Beermat Online Limited (a company registered in England and Wales under number 05605060) and, where applicable, its officers, employees and authorised agents; “us” and “our” shall be construed accordingly; and
“you” means the customer and any business (“your business”) with which you are associated and on behalf of which you use our site and “your” shall be construed accordingly.
1.2. The headings in these conditions are for convenience only and shall not affect their interpretation
1.3. All rights expressly reserved by or governed to us by these Conditions shall be without prejudice to any other rights which we may have from time to time
2. Our Contract
By visiting our site, using this site to purchase goods or subscribing to our site you agree to be bound by the following terms and conditions.
3. Orders
Before your order can be accepted, we must receive the appropriate payment or subscription instalment in full for the goods that you order. Once full payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide. Our acceptance of your order brings into existence a legally binding Contract between us.
4. Our promises
We will:-
4.1 permit you to access, use and interaction with our site subject to these terms and conditions.
4.2 exercise reasonable care in compiling our site
4.3 use reasonable efforts to make our site available to you at all times
4.4 take the steps set out in our privacy policy to endeavour to secure any personal data you give us.
5. Price
5.1 The prices payable for goods and subscriptions that you order are as set out in our website.
5.2 You will be required to pay extra for delivery for physical goods and it might not be possible for us to deliver goods to some locations in which event we will notify you and provide a full refund. Our delivery charges are set out in our website.
5.3 You will not have to pay for delivery on digital products that can be downloaded via our website.
6. Site subscription and charges
6.1 By subscribing to our site, you agree to pay our charges at the rate applicable from time to time and as stipulated on the site.
6.2 If you fail at any time to pay any subscription charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to paying subscribers. We need not provide you with advance notice in such circumstances.
7. Delivery of goods to you
7.1 We will deliver the goods ordered by you to the mailing address or email address that you give us for delivery at the time you make your order.
7.2 Delivery of physical goods will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
7.4 Delivery of digital downloads will be made immediately via links sent in an email upon receipt of payment.
7.3 You will become the owner of the goods you have ordered when they have been delivered to you.Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8. Exclusions and limitations
8.1 We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
8.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
8.3 We do not represent or warrant that:
8.3.1 any services (whether or not provided by us) will be provided with due care and skill; or 8.3.2 any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
8.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
8.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
8.4.2 the unavailability of our site (or any part of it), goods or services;
8.4.3 any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
8.4.4 any goods not being of merchantable quality or fit for their intended purpose; or
8.4.5 any misrepresentations on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
8.5 Our maximum liability to your business in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any subscription fees paid on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
8.6 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through our site you will enter into a separate contract with the supplier in each case.
8.7 None of the exclusions or limitations in this clause 8 shall exclude or restrict our liability for death or personal injury caused by our negligence.
8.8 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such cases our obligation, where permitted by law, will be limited to the re-supply of our site, goods or services to you.
8.9 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
9. Links to other sites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
10. Liability
10.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please refer to our returns policy.
10.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at support@beermat.biz of the problem within 40 days of the date on which you ordered the goods.
10.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as per our returns policy.
10.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
10.5 Notwithstanding the foregoing, nothing in these terms and conditions is extended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11. Right for your to cancel your contract
You acknowledge and agree to be bound by the terms of our returns policy.
12. Cancellation by us
12.1 We reserve the right to cancel the contract between us if:
12.1.1 we have insufficient stock to deliver the goods you have ordered;
12.1.2 we do not deliver to your area; or
12.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
12.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
13. Termination of subscription
13.1 We may terminate your subscription immediately if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay your subscription charge in accordance with these terms and conditions. You may terminate your subscription at any time by logging into the site and visiting the Your Membership section within the Your Account section. You acknowledge and agree to be bound by the terms of our returns policy and also the terms outlined within the Your Membership section in relation to your subscription payment.
13.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
14. Variations
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
15. Credit card security
15.1 Our service provider Worldpay uses a secure server to prevent any person from gaining access to your credit card information whilst it is being transmitted across the internet.
15.2 If you discover that goods or services have been ordered from a supplier over our site using your credit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) our suppliers are required to refund to you the money they received provided that:
15.3 you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and
15.4 you co-operate with your credit card company, the supplier, us and, if necessary, the police in relation to the unauthorised use.
16. Taxes
We have made every effort to make clear whether the quoted prices for goods and services available through our site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
17. The use of your information
You agree that we may collect, store, and use information about in you accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
18. Copyright
18.1 All rights in the design, text, graphics,audio and video files and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
18.2 You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence.
19. Trade marks
We are the proprietor of the BEERMAT trade mark in the UK and other countries. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
20. Access and Use of Service
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use. In particular you may only use our services, bulletin boards, blogs and the like for lawful purposes and may not transmit defamatory, offensive or obscene material or in breach of copyright or other intellectual property rights .We reserve the right to monitor material placed on our site by you and remove or edit or disclaim liability for such material in our sole discretion.
21. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 25 Lordswood Road Harborne Birmingham B17 9RP and all notices from us to you will be displayed on our website from time to time.
22. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
23. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
24. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
25. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
26. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
27. Entire agreement
These terms and conditions, together with our current website prices, returns policy, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.