In these terms and conditions the following words have these meanings:
(a) ‘We’, ‘Us’, ‘Our’ means Yellow Hammer Brewing Limited, trading as Prescott Ales and www.prescottales.co.uk;
(b) ‘You’, ‘Your’ and ‘Yourself’ means the person who is browsing this website or whose name is used to place an order;
(c) ‘Goods’ and ‘Items’ shall mean products of any nature that You buy or agree to buy from Us;
(d) ‘Working Days’ means days of the week excluding Saturdays, Sundays and public holidays in England, Wales, Scotland and Northern Ireland;
(e) ‘Conditions’ shall mean these terms and conditions.
These Conditions apply to the use of this website (www.prescottales.co.uk) and all of the distance selling activities of Yellow Hammer Brewing Limited. By accessing this website and/or placing an order, You agree to be bound by these Conditions. Using this website indicates that You accept these Conditions regardless of whether or not You place an order. If You do not accept these Conditions, please do not use this website.
2. CONTACTING US
2.1. If You wish to contact Us please use the e-mail address given below. We aim to reply to all e-mails within one Working Day, although at busy times of the year We may take longer.
2.2. If You wish to write to Us or return any Goods to Us please use the address given below. All paper correspondence will be acknowledged within five Working Days of receipt by Us.
Unit 17 Farm Park Estate
2.3. We may not respond to You if You attempt to contact Us in any other way, including but not limited to posts on internet forums or messages on social media platforms. All formal enquiries must be directed to Us by e-mail or in writing.
3. ORDERING FROM US
3.1. You are deemed to place an order with Us by completing Our online checkout process. As part of Our online checkout process You will be given the opportunity to check Your order and to correct any errors. We will send You an order acknowledgement by e-mail, detailing the Goods You have ordered.
3.2. Our acceptance of an order takes place when We dispatch the order. At this time We will send You a dispatch confirmation by e-mail.
3.3. We may refuse to accept an order:
(a) if there is a pricing or product description error;
(b) if the Goods are out of stock (No Stock) and thus not available;
(c) if We cannot obtain authorisation for Your payment;
(d) if We obtain evidence that Your payment may be fraudulent;
(e) if You have previously attempted to harm Our good reputation;
(f) if You do not meet any eligibility criteria set out in these Conditions.
4. PRICING AND PAYMENT
4.1. Our prices are reviewed periodically and are subject to change at any time without notice. Any order placed by You and acknowledged by Us prior to the date of a price change will be charged at the price acknowledged by Us, even if the Goods are dispatched at a later date.
4.2. Our prices exclude delivery charges. Our delivery charges are described further in Section 5.1 of these Conditions.
4.3. You will pay for all Goods securely in Pounds Sterling at the time You place Your order by credit/debit card.
The following policy specifies how we collect and protect the payment information that you provide us with when you buy goods from us using this website (www.prescottales.co.uk). By placing an order with us you consent to the collection and protection of your information under the terms of this policy. If you do not accept these terms, please do not buy goods from us.
ACCEPTED PAYMENT TYPES
We accept payments from the following credit/debit card and instant transfer account types.
CREDIT/DEBIT CARD PAYMENTS
In order to provide you with the highest level of payment security currently possible (Payment Card Industry Data Security Standard Level 1) we have teamed up with Opayo, whose industry proven global payment gateway securely processes millions of unique transactions each month. The benefit of using the Opayo secure payment gateway is that we do not save your credit or debit card details on our website or offline database, meaning that should anyone gain unauthorised access to our systems they will not be able to obtain your credit or debit card details. Opayo provides the very highest levels of security to ensure that sensitive information is never compromised, and their systems are fully compliant with the requirements of the Payment Card Industry Data Security Standard (PCI DSS).
Any comments or questions relating to payment security should be directed to us using the e-mail address above.
5. DELIVERY INFORMATION
5.1. The shipping charge to the delivery address You specify when placing an order will be calculated based on the weight and nature of the Goods and will be confirmed to You on-screen during the online checkout process. For Goods destined for addresses outside of the United Kingdom, payment of taxes/customs duties applied by the relevant authorities will be Your responsibility.
5.2. Orders are packed in sequence according to the time they are placed. All our clothing is made to order, we therefore aim to dispatch all items within five working days (for the avoidance of doubt, this means by the close of business on the fifth Working Day after the order is placed). If, as a result of high order volumes, We are unable to achieve this, We will notify You by e-mail. If We are unable to dispatch any Low Stock Items because We run out of stock before Your order is packed, We will notify You by e-mail and hold Your entire order in Our warehouse until fresh stock arrives and Your order can be shipped in full.
5.3. For orders requiring a signature, We will not instruct Our carriers to leave any Goods unattended, regardless of their value. If You (or Your neighbours) are not in to accept Your delivery a card will be left asking You to contact the carrier to either re-arrange delivery or collect the Goods in person.
5.4. We will dispatch the Goods to the delivery address specified by You when You placed Your order. We will not be liable for any loss or liability whatsoever or however arising in any respect if You instruct Us or Our carriers to change the delivery address after We have dispatched the Goods.
5.5. For orders not requiring a signature delivery of the Goods will be deemed to have taken place by the close of business on the third Working Day after the date of dispatch. For orders that require a signature, delivery of the Goods will be deemed to have taken place upon the first point in time of any signature of any delivery note by You, an agent, employee or representative of You, and shall be conclusive proof of the delivery of the Goods.
5.6. You must notify Us if You have not received the Goods within fifteen Working Days of receiving Our dispatch confirmation e-mail for UK deliveries. For deliveries in Europe You must notify Us within 20 Working Days of receiving Our dispatch confirmation e-mail, and for deliveries in the rest of the work You must notify Us within 25 Working Days of receiving Our dispatch confirmation e-mail. If the whereabouts of the Goods remains unknown after this period We will reissue the Goods, subject to the provisions given in Sections 5.2, 5.3, 5.4 and 5.5 of these Conditions.
5.7. Upon taking delivery of the Goods You should check them off carefully against the enclosed receipt. Shortage claims will only be considered if We receive notification of incorrect or missing Items within five Working Days of the date of delivery, after which time no liability will be accepted.
5.8. Upon taking delivery of the Goods You should check them carefully for any transit damage. Damage claims will only be considered if We receive photographic evidence of the damage by e-mail (to the address given in Section 2.1 of these Conditions) within five Working Days of the date of delivery, after which time no liability will be accepted.
5.9. Any stated timescales are given in good faith by Us to indicate estimated dispatch and delivery times but shall not amount to any contractual obligation to dispatch or deliver on any specific day or by any specific date. We accept no liability for or consequential loss or damage arising from delays in dispatch or delivery.
6. CANCELLATIONS AND RETURNS
6.1. If You wish to cancel Your order before the Goods are dispatched, You must notify Us immediately by email using the address given in Section 2.1 of these Conditions.
6.2. If you wish to cancel Your order after the Goods have been dispatched, You must notify Us by sending an e-mail to the address given in Section 2.1 of these Conditions within seven Working Days of the day You take delivery of the Goods. You must then return the Goods to Us at the address given in section 2.3 of these Conditions. You should use an insured delivery service and obtain proof of posting, in case of loss or damage during transit to Us. The full cost of returning the Goods to Us shall be borne by You. Upon receipt of the Goods We will cancel Your order and issue You with a full refund. If We receive the Goods back in a used or damaged condition, or if You fail to bear the cost of their return, We will charge You the direct cost to Us and notify You of this by e-mail.
6.3. Your right to cancel Your order will end seven Working Days after the day You take delivery of the Goods.
6.4. A small number of Items sold by Us come with a manufacturer’s warranty (indicated, where appropriate, in the product description). If one of these Items develops a fault within the warranty period assistance will be provided by Us in the form of spares, repair or replacement (determined by Us, depending on the type of product and the nature of the fault). You should notify Us of any fault by sending an e-mail to the address given in Section 2.1 of these Conditions. You must then return the faulty Item to Us for inspection at the address given in section 2.3 of these Conditions. You should use an insured delivery service and obtain proof of posting, in case of loss or damage during transit to Us. The full cost of returning the faulty Item to Us shall initially be borne by You. We will refund this amount to You once We have received and inspected the Item and confirmed that it is faulty. Misuse and the effects of normal wear and tear are not covered.
6.5. If any Item sold by Us without a manufacturer’s warranty develops a fault within six months of the date of purchase assistance will be provided by Us in the form of spares, repair or replacement (determined by Us, depending on the type of product and the nature of the fault). You should notify Us of any fault by sending an e-mail to the address given in Section 2.1 of these Conditions. You must then return the faulty Item to Us for inspection at the address given in section 2.3 of these Conditions. You should use an insured delivery service and obtain proof of posting, in case of loss or damage during transit to Us. The full cost of returning the faulty Item to Us shall initially be borne by You. We will refund this amount to You once We have received and inspected the Item and confirmed that it is faulty. Misuse and the effects of normal wear and tear are not covered.
6.6. The above provisions do not affect Your statutory rights.
7. WEBSITE COPYRIGHT
7.1. All materials, including documents, images, illustrations and other materials that form part of this website (collectively termed the ‘Contents’) are copyrights, registered and unregistered trademarks, trade dress and/or other intellectual property rights controlled by or licensed to Us. In addition, this website as a whole is protected by copyright, and all rights are reserved.
7.2. You may download or copy the Contents and other downloadable materials displayed on this website for Your personal use only. No right, title or interest in any downloaded materials is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents of this website.
8. WEBSITE AVAILABILITY
8.1. While We will endeavour to ensure that this website is normally available all of the time, We will not be liable if for any reason this website is unavailable at any time or for any period.
8.2. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.
9. VISITOR MATERIAL AND CONDUCT
9.2. You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which You have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3. You may not misuse this website (including, without limitation, by hacking).
9.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting any material in breach of these Conditions.
10. WEBSITE LINKS
10.1. Links to third party websites on this website are provided solely for Your convenience. If You use these links, You leave this website. We do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to this website, You do so entirely at Your own risk.
10.2. If You would like to link to this website, You may only do so subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of Our logo;
(b) You do not create a frame or any other browser or border environment around this website;
(c) You do not in any way imply that We are endorsing any products or services other than Our own;
(d) You do not misrepresent Your relationship with Us nor present any other false information about Us;
(e) You do not otherwise use any of Our trademarks without Our express written permission;
(f) You do not link from a website containing content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
10.3. We expressly reserve the right to revoke the above right granted in clause 10.2. for breach of these terms and to take any action We deem appropriate. You shall fully indemnify Us for any loss or damage We may suffer or incur as a result of Your breach of clause 10.2 of these Conditions.
11.1 While We will endeavour to ensure that the information contained within this website is correct, We do not warrant the accuracy and completeness of the Contents. We may make changes to the Contents of this website at any time without notice. The Contents of this website may be out of date, and We make no commitment to update such material.
11.2. The Contents of this website are provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with this website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Conditions might have effect in relation to this website.
11.3. Product images and descriptions are for illustrative purposes only and may be subject to change without notice.
12.1. We exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this website or Your downloading of any material from this website or any websites linked to this website.
12.2. If Your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof.
12.3. You agree to indemnify Us fully, defend Us and hold Us harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Conditions by You, or Your use of this website, or the use by any other person using Your details.
13. GOVERNING LAW AND JURISDICTION
13.1. These Conditions shall be governed by and construed in accordance with UK law. Disputes arising in connection with these Conditions shall be subject to the exclusive jurisdiction of the UK courts.
13.2. We do not warrant that the Goods advertised for sale on this website are appropriate for use outside the United Kingdom. It is prohibited to access this website from territories where its contents are illegal or unlawful. If You access this website from locations outside the United Kingdom, You do so at Your own risk and You are responsible for compliance with local laws.
14.1. We may revise these Conditions at any time by updating this document. You should check this website from time to time to review the then current Conditions, because they are binding on You. If You do not wish to accept any new Conditions, You should not continue to use this website.
14.2. You may not assign sub-license or otherwise transfer any of Your rights under these Conditions.
14.3. If any provision of these Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
14.4. Any queries relating to these Conditions are welcomed and should be directed to Us using the e-mail address given in Section 2.1 of these Conditions.