DESKBEERS TERMS AND CONDITIONS
Welcome to DeskBeers
DeskBeers will deliver interesting and locally brewed beers to your office (“Beers”). Registered users can buy Beers to be delivered to their offices or as gifts to someone else. This site at www.deskbeers.com (“the Site”) is owned and operated by Desk Beers Limited (“We”, “Us”). If you would like to contact us about anything contained on the Site then please contact us by email at email@example.com.
These terms and conditions (“Terms and Conditions”) set out how you may use the Site. These Terms and Conditions also govern your relationship with us and apply to all purchases of Beers via the Site. Please read these Terms and Conditions carefully before using the Site and before ordering any Beers via the Site. By using the Site and/or ordering any of the Beers you signify that you have read, understand and agree to be bound by these General Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser.
These Terms and Conditions shall apply to all sales of the Beers by Us via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us. If you do not agree with these Terms and Conditions then you may not use the Site. Please note that we may modify these Terms and Conditions and thus you should review them periodically. If any modification is unacceptable to you, you shall cease using the Site. If you do not cease using the Site you will be deemed to have accepted the change.
WHO WE ARE
Whenever you buy a Product from DeskBeers, you will be contracting with DeskBeers Limited, a limited liability company incorporated in England and Wales under company number 09262678, whose registered office is at 2a Tower Workshops (Mango), Riley Road, London, SE1 3DG, United Kingdom, and whose VAT registration number is 197170972.
- “Buyer” means the person named on the Order;
- “Contract” means the Order and Order Confirmation;
- “Faulty” means containing a fault or defect; imperfect or defective;
- “Order” means your order for Beers from the Site;
- “Price” means the price including any applicable taxes in force at the time of the Order (other than VAT which will be charged in addition to the Price, at the rate in force at the time of the Order), subject to any promotional offer or discount then applicable;
- “Terms and Conditions” means the standard terms and conditions of business set out in this document.
Registered users of the Website may purchase our Beers for delivery to their offices or as a gift for someone else. The price for such purchases will be displayed on the Website. To sign up to the Website, you will need to go to https://www.deskbeers.com/subscription/new.
Once registered with the Website you can place an Order and select the frequency of your Order (weekly, fortnightly or every 4 weeks). You will need to make payment for your Order (we only accept payment via PayPal). Payment is made using PayPal on a subscription basis. You will then confirm your order on our Site and we will send you an email confirmation of your Order. To place an Order you will need to follow the Order procedure set out on the Site. All Orders are subject to acceptance, by means of an Order Confirmation, by us and we are entitled to refuse any Order placed by you. The Order Confirmation will contain details of your Order and the Price. Once we have sent you an Order Confirmation your Order will be processed according to the frequency you have selected, provided that we receive the correct payment via PayPal for that delivery. Orders must be placed in multiples of 12 bottles of Beer. All Beers are subject to availability. In the event of any supply difficulties, we reserve the right to substitute with a Beer of equivalent value and quality without notice.
You undertake that all details you provide to us for the purpose of purchasing Beers via the Site will be correct.
You warrant that you are aged 18 years or over. You warrant that you shall not resell any of our Beers.
We reserve the right to suspend deliveries to you if we do not receive monies from your account via PayPal. You agree to compensate us in full against any and all reasonable costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with these Terms and Conditions.
Any times or dates stated for delivery are estimates only. Where Orders have been placed in time for delivery by a specified date, and upon receipt of the monies for the Order, we will make reasonable efforts to deliver Beers within the time specified, but we do not accept liability for any failure to deliver within that time.
You are responsible for giving us appropriate delivery instructions and for making suitable arrangements to ensure that you receive your delivery. If we are instructed by you to leave any Beers outside the property at the delivery address you stated on the Website and such Beers are stolen, you will not hold us responsible and acknowledge and agree that we will have no liability to you whatsoever. You will not hold us responsible for any delivery delays which result from circumstances outside of our control.
We may suspend or cancel any accepted order for our Beers immediately at our reasonable discretion if you breach any of these Terms and Conditions.
If any of our Beers arrive in a damaged or unsatisfactory state then please contact as soon as possible by email on firstname.lastname@example.org.
Upon taking delivery of your order, you, the recipient or the person accepting the delivery on your behalf, may be asked to provide formal identification to prove that they are aged 18 years or over. If you, the recipient or the person taking delivery on your behalf is unable to produce ID to the satisfaction of the courier, the courier will not be permitted to leave the Beers with the intended recipient and the delivery will be returned to us. We use Mango Logistics and APC (via Mango) for our deliveries.
Deliveries are made on Weekday afternoons and we aim to deliver our Beers between 9am and 5pm. If we are unable to deliver within this timeframe we will let you know as soon as we are aware of the problem.
Delivery charges: Delivery charges will usually be included in the Price, however if this is not the case We will advise you at the time of placing your Order.
CANCELLATION AND REFUNDS
You can cancel or amend your Order by no later than 12 noon on the working day prior to delivery to allow us enough time to get your Order boxed and ready for delivery the following day. If you notify us after this time then you will be charged for that Order and Delivery will go ahead.
Payment for your Order will be taken at noon the working day prior to delivery, at which point We will issue a receipt via email for the Order.
We aim to deliver our Beers between 9am and 5pm on day of your Order. If this is not possible then we will let you know as soon as possible and reschedule the Delivery. If you are not satisfied with the Beer that we deliver then please drop us a line as soon as possible on email@example.com and we will try and resolve the problem.
Any refunds will be made via the same payment method that you used to pay for the Order.
If we are unable to fulfil an Order after accepting payment we may refund your money and cancel the contract which relates to the Order in question.
Promo codes allow customers to obtain a discount and are non-transferable and must be used in accordance with these terms and conditions of use.
Promo codes have no monetary value.
A promo code cannot be used in conjunction with any other offer and may be withdrawn by DeskBeers at any time, at its discretion.
ACCESS TO AND USE OF OUR WEBSITE
Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website (and any services made available through it) at any time without notice. If you breach any of these Terms and Conditions, your authorisation to use the Website automatically and immediately terminates and you must immediately cease use of the Website and destroy any materials downloaded or printed from the Website.
You may not use the Website in any improper or unlawful manner or in breach of any legislation or licence that applies to you. Without limiting the foregoing, you agree that when using the Website you will not:
- distribute via any medium any part of the Website without our prior written consent;
- harass others or disclose personal information about others that could amount to harassment;
- publish, post, upload, store, distribute or disseminate any unlawful, fraudulent, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence;
- submit any content or any upload files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by any third party’s rights of privacy or publicity without having received all necessary consents from such third party;
- upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Website or any other computer;
- create multiple logins;
- impersonate others;
- promote any activity that is illegal;
- use software to harvest information from the Website; or
- attempt to solicit funds, advertisers or sponsors.
You agree to comply with all reasonable instructions that we may give you regarding your use of the Website.
You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access the Website. You are also responsible for ensuring that no person uses your equipment to access the Website without your permission. We will be entitled to assume that anyone who accesses the Website using your equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
THIRD PARTY WEBSITES
The Website may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. We make no warranties or representations whatsoever about any other websites which you may access through the Website or any services that are provided by any such third party websites. If you decide to visit any other website, you do so at your own risk. In addition, use of any other website may be subject to your acceptance of additional terms and conditions, which we suggest you read carefully before proceeding.
For the purposes of these Terms and Conditions:
“Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and
All Intellectual Property Rights in and to the Website and all content, materials and information contained in or appearing on the Website are owned by and shall remain owned by us or our licensors.
You may view, download and print any content, materials and information made available to you through the Website subject to the following conditions: such content, materials and information may only be used for your personal and non-commercial purposes; save as expressly permitted by us in these Terms and Conditions, such content, materials and information shall not be reproduced or included in any other work or publication in any medium;
such content, materials and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way;
save as expressly permitted by us in these Terms and Conditions, such content, material and information may not be distributed or sold to any third party; and you may not remove any copyright or other proprietary notices contained in such content, material or information.
MONITORING OF THIRD PARTY CONTENT; NOTICE AND TAKE-DOWN
You acknowledge that we do not actively monitor any third party content or content appearing on the Website which derives from a third party website and we shall not be responsible or liable for any such content including, without limitation, any third party content:
- which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
- the Intellectual Property Rights in which are owned by a third party and such third party
- has not provided its consent to use such content in the manner it has been used; and/or
- which is prohibited by the Data Protection Act 1998 or any other applicable data protection laws.
If we are informed or if we suspect that any material on the Website infringes the Intellectual Property Rights or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Website. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If you have any concerns or queries about material which appears on the Website (including if you believe that any content displayed on the Website has violated your Intellectual Property Rights) please email us at firstname.lastname@example.org.
We will exercise all reasonable skill and care in providing the Website. We are not able to guarantee the availability of the Website or the accuracy, completeness, currency or reliability of any content, materials or information on the Website that derives from third parties (including, without limitation, any of our third party partners).
You will ensure that the recipient of any Order placed on the Site is aged 18 years or over.
Except as expressly provided in these Terms and Conditions, the Website and all materials and information provided through it are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties (including, but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest amount permissible by law.
Without limiting the foregoing, we cannot guarantee and do not promise that the Website and all materials and information provided through it will meet your requirements. Therefore, we advise you to check any materials or information provided to you through the Website as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions limits or excludes our liability for any: (a) death or personal injury caused by our negligence; (b) loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) other liability which may not by law be limited or excluded. Subject to the clause below, you agree that we shall not be liable for any: (a) direct loss, claim or damage, including loss or damage caused by your handling of the Beers and in particular any spillages or breakages; (b) indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) use of this Website or its contents or any competitions or prize draws which are entered via the Website; (ii) failure or delay in the use of any component of the Website or any service including, without limitation, any unavailability of the Website or the services irrespective of duration of any period of unavailability; or (iii) use of or reliance upon any information, material, software, Beers, services and related graphics obtained through the Website, in all cases even if we have been forewarned of the possibility of such loss or damage.
Without limiting the effect of this clause, due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when you are using or browsing the Website. The downloading or other acquisition of any materials or information through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
You agree to indemnify us against any claims or legal proceedings that may arise through your use of the Website or from any breach of these Terms and Conditions by you. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
We may remove the Website or cease the provision of any of the services, or terminate your Subscription or registration with the Website at any time at our sole discretion for any reason whatsoever.
You shall be entitled to terminate your registration with the Website at any time by emailing insert email address or alternatively by written notice to us at the postal address set out in clause 1 of these Terms and Conditions.
Termination of your registration, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.
DATA PROTECTION AND PRIVACY
Any failure or delay by us to enforce any of our rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
These Terms and Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If any clause or part of a clause of these Terms and Conditions is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable and the offending provision shall be deemed to have been amended to the extent necessary in order for it to comply with all applicable laws whilst reflecting its original intention.
You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms and Conditions other than any remedy you may have for breach of the express terms of these Terms and Conditions.
These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts.
This Policy was last updated on 15th May 2018.
You can access this policy on any page on our website by following the link at the bottom of each page.
COLLECTION AND USE OF INFORMATION
What information do we collect?
We will ask you to provide us with the following information:
- Full name
- Email address
- Postal address
Why do we ask for this information?
- To deliver your DeskBeers order
- To communicate with you about DeskBeers products and other goods and products offered by Desk Beers Ltd.
- To provide you with order and billing information.
Credit card details
We do not store credit card details nor do we share your customer details with any 3rd parties. Please see below how we may use your personal information.
Use of your information
We use the non-personally identifiable information and certain technical information about your computer in order to operate, maintain and manage the DeskBeers site.
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 may store up to three types of cookie on your computer:
- A unique ID is stored in a permanent cookie so that you do not need to retype information every time you visit our site.
- Your web browser’s session identification is stored in a temporary cookie to help prevent unauthorised use of your account.
- We use Google Analytics to collect information about how visitors use our site, which we use to help improve it. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
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.
Controlling your personal information
Some email communications (for example, important account notifications, information regarding your order and billing information) are considered transactional and are necessary for all of our customers. If you wish to stop receiving any marketing emails from us and to simply receive these necessary emails then please let us know by emailing email@example.com. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about other products which Desk Beers Ltd, and its subsidiaries and associated companies may offer. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to DeskBeers, 2a Tower Workshops (Mango), Riley Road, London SE1 3DG.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
Desk Beers Limited is registered with the Information Commissioner as a data controller.
The General Data Protection Regulation (GDPR)
If you are a customer of DeskBeers, then we need to send you “transactional” emails such as receipts and notifications relating to the service we provide to you. Therefore, our lawful basis for processing your data is in order to fulfil our contract with you.
Additionally, customers and non-customers may also sign up for our email newsletter. This is optional (you have to choose to opt into receiving these emails when placing your initial order or by visiting the newsletter signup page at https://www.deskbeers.com/newsletter. This is optional and recipients of these emails will no-longer be sent these marketing emails. Therefore, our legal basis for sending these emails is your explicit consent to receive them.
This Policy was last updated on 15th May, 2018.