Terms & Conditions
- Unless the context otherwise provides, the following definitions shall have the meanings set against them respectively:
- ‘Contract’ – The agreement between the Company and the Customer for the Company to provide the Service, constituted by these terms and conditions and any other written documents or verbal agreements between the parties.
- ‘Customer’ – The customer of the Company for whom the Service is being provided.
- ‘Third Party’ or ‘Third Parties’ – Any person or organisation not being the Company or the Customer.
- ‘Goods’ – Any products supplied by WilliamsWarnUK
2. Terms of Purchase.
- Terms and conditions apply to purchases via this website or direct from WilliamsWarnUK.
- We may amend these Terms of Purchase at any time by publishing the amended terms on our Website or sending the new terms directly to you.
- By purchasing Goods after the Terms of Purchase have been amended you are agreeing to the amended Terms of Purchase. Accordingly, you should check the Terms of Purchase each time before you purchase Goods to ensure that you agree to them.
- You may only order Goods through this Website or via email in the manner specified on the Website.
- You must be over the age of 18 and otherwise have capacity to enter into a legally binding Contract with us to place an Order. If you are not over the age of 18 or lack capacity to enter into a legally binding contract with us you are not allowed to place an Order.
- To enable us to fulfil your Order, you must provide us with all information we request from you.
- We may refuse to fulfil your Order in our sole discretion and without the need to provide a reason.
- Although we aim to ensure that the prices and description of the Goods contained on the Website are accurate, we reserve the right to amend any inaccuracies in pricing and descriptions at any time. If the changes are detrimental to you and we have not yet fulfilled your order, you may cancel you order by giving us notice.
- If you place an Order for delivery to a Country outside of UK it is your responsibility to determine whether the Goods you Order satisfy the laws of the Other Jurisdiction, and if you place such an Order you warrant to us that the Goods do satisfy the laws of the Other Jurisdiction. If the Goods do not satisfy the laws of the Other Jurisdiction, you may not order Goods from us. We accept no liability in respect of conformance to laws outside the UK.
- If you are Ordering Goods on behalf of a corporate entity, you warrant that you have authority to bind the corporate entity to the Whole Agreement.
- You must pay us the prices specified for the Goods (including taxes and duties) and any shipping or delivery (Price) at the time of placing your Order unless otherwise specified.
- Full payment must be received from the Customer before the Company can begin the process / confirm orders.
- You must supply valid payment details when you place your Order. By submitting an Order you authorise us to debit the Price from your credit card or other payment method. Your authorisation may not be withdrawn until the Price has been paid in full.
- If we extend credit to you and you fail to make a payment when due we may charge you interest on the unpaid amount at the rate of 10% per annum calculated daily from the date that the payment was due until it is paid.
- You agree to pay us for any costs incurred by us (including legal costs on a full indemnity basis and debt collection costs) in connection with your breach of any of the terms of the Whole Agreement.
- While the Company endeavours to ensure delivery is within our timescales (21 working days for the UK), it cannot be held responsible for any loss, direct or otherwise, accruing to the Customer as a result of error on the part of the Customer.
- We will use DPD/DHL couriers for deliveries using their standard service. If you wish to add extra delivery requirements (such as signatures), you may be charged.
- The Company cannot be held responsible for the decisions, errors or any other actions of Third Parties involved in the process of rendering the Service or Services provided by the Company. The Customer agrees to indemnify the Company against any consequential loss incurred to the Customer due to errors, omissions or any other actions of the Company, the Customer or Third Parties.
- Customers can also collect their order directly from our premises in person or arrange a courier at their own cost by prior agreement.
- Orders may only be delivered to business or residential addresses.
- The customer has the right to cancel the contract and return the goods within 14 days of receipt. This is not applicable to bespoke orders.
- All orders should be thoroughly checked upon receipt, and any shortages/damages reported to us within 24 hours of receipt. Any goods arriving showing any damage at all should be signed for as ‘damaged’.
- We will only accept the returns of orders if we are satisfied that the products are defective and have carried out an inspection if required.
- Subject to agreement, returned orders (or parts of them) will be repaired, replaced or refunded as appropriate.
- We will be under no liability in relation to the goods if:
- You fail to provide notice within 24 hours of receipt as detailed above
- You continue to use the product after providing notice of any damages.
- Damage arises as a result of general wear and tear
- Damage arises as a result of misuse, wilful damage or alteration of the goods
- All exchanges/returns must be sent back to us within 14 days of receipt of goods, in their original packaging, un-used and in new condition. Please always include a returns form which can be requested from us via email. Returns will be subject to a 10% re-stocking fee, and shipping costs will not be refunded unless there is fault on our behalf.
6. Cancellation of order
- Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
- We may cancel an order in our sole discretion and without the need to provide a reason.
- If we cancel your order:
- We will provide notice to you;
- We will refund the price you piad for the order unless cancellation is due to your failure to comply with the terms of the whole agreement in which case we may not refund the price paid;
- Neither us or you will be under and further obligation to each other arising out of the order or our cancellation of the order.
7. Use of Goods
- You must:
- use the Goods solely in accordance with all written instructions provided by us or our suppliers with the Goods or online through our Website and other directions that we advise you of and at all times in accordance with the requirements of applicable laws and regulations
- use all necessary skill and care in handling and using the Goods;
- not alter the branding or mechanical operation of the Goods; and
- not use the Goods for any purpose for which they are not suitable
(together, the Use Requirements).
- To the fullest extent permitted by law, we will not be liable to you under any warranty or otherwise for any:
- use of the Goods not in accordance with the Use Requirements;
- fault, failure or malfunction due to any accident, abuse or misuse of the Goods or damage caused by you or normal wear and tear;
- failure to perform required cleaning, any servicing not authorised by us, or any attempt by any person other than our personnel or any person authorised by us, to adjust, repair or support the Goods or problems caused by use of parts and components not supplied by us;
- problems with electrical power or any similar occurrence affecting the Goods.
- The Goods are intended for your use only and you may not resell, lease, licence or otherwise transfer Goods to any other person, except for a genuine second-hand sale of Goods which you have used and no longer require.
8. Registration and eligibility
- If you establish an account with us through our Website or by any other method (Account), you warrant that all information provided is true and correct and that you will update your information to ensure it is kept current at all times.
- If you are registering an Account on behalf of a corporate entity, you warrant that you have authority to bind the corporate entity to the Whole Agreement.
- We may refuse your Account registration in our sole discretion without the need to provide a reason.
- It is your responsibility to ensure that you keep your Account access information, including username and password, confidential and secure at all times. You must not permit any other person to use your Account access information. If you suspect that any other person has accessed your Account you must notify us in writing immediately.
- Your Account is unique to you and is not transferable. You are fully responsible for all activities that occur through your Account even if the activities are carried out by someone else.
- We may suspend or cancel your Account at any time in our sole discretion without the need to provide a reason.
9. Warranty and Defective Goods
- The warranty in this section is in addition to any statutory rights you may have.
- We provide a one-year warranty on BrewKeg and Kegerators parts and accessories bought directly from WilliamsWarnUK.
- We provide the following warranties (Specific Warranties) in connection with the Brewkeg™ structural parts (i.e. the brewing vessel, lid and supporting structure) will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date.
- No Specific Warranty is given for any consumable parts of the Brewkeg, such as Lid O-ring seals, sediment bottle O-ring seal and sediment bottles. If the Goods that are delivered to you are faulty or defective in breach of any Specific Warranty or applicable UK consumer legislation we will at your choice upon the return of such Goods, either replace such Goods provided that we have such Goods in stock, provide you with comparable Goods or you can elect to be refunded for the purchase price of the Goods. If you are returning such Goods to us you must provide us with proof of purchase and an explanation as to why you are returning the Goods and what remedy you are seeking. If any Goods returned in accordance with this clause have been damaged by you or are not returned in their original packaging you may not be entitled to take full advantage of the remedies provided by this clause.
- We do not provide any warranty if installation needs to be fixed, if you have caused or contributed to the fault or if the damage is caused by pests, unauthorised modification or repairs, use not in accordance with the Use requirements, water damage, act of God, neglect, accident or misuse.
- The warranties in this clause do not limit your rights under applicable UK consumer legislation. If you are purchasing Goods and using the Goods for the purposes of a business as defined in the applicable UK consumer legislation, then you agree that the provisions of the relevant consumer legislation will not apply to your purchase and/or use of the Goods.
10. Shipping returns
- Unless we agree otherwise and subject to any rights you have under applicable consumer legislation, all shipping charges associated with the return of any Goods to us are your responsibility.
11. Notification of problem
- Notwithstanding anything else in the Terms of Purchase we will not be liable for any defect, damage, discrepancy or shortage in the Goods comprising any Order unless you notify us within a reasonable period of time of such issue. In the event that the Goods have failed to reach the delivery address as specified by you in your Order within 10 days for Orders with a UK delivery address you should contact us immediately.
12. Disclaimer, Limitation on Liability and Indemnity
- We do not guarantee that the Goods will be available at all times, or your use of the Goods will be error free.
- All implied terms, conditions, warranties and guarantees, except those which by law cannot be excluded or modified, are expressly excluded from the Whole Agreement.
- Subject to the terms of any written warranty and the provisions of any legislation dealing with the rights of us to limit our liability, where the Goods are demonstrated to our reasonable satisfaction to be defective, our liability for breach of any express or implied condition, or warranty as to quality, description, fitness for purpose or condition is limited to the following as determined by us in our discretion:
- the repair of the Goods; or
- the payment of the repair costs for the Goods; or
- the replacement of the Goods or equivalent Goods; or
- the payment of the replacement cost of the Goods or equivalent Goods; or
- the refund of the Price paid for the Goods.
- Subject to this clause and to any applicable legislation affecting our rights to limit our liability, we exclude all liability for any direct or indirect loss (including in each case, consequential loss, loss of profits, economic loss, loss of revenues, loss of production or loss of data), damages, expenses or cost suffered or incurred by you in connection with your use of the Goods, howsoever arising, including as a result of breach of contract, tort (including negligence), under an indemnity, under statute, in equity or otherwise.
- You acknowledge that you do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in the Whole Agreement.
- When using the Goods you agree to take reasonable care to avoid damage to yourself, other persons and property and follow all of our directions as to use of the Goods.
- You are liable for and indemnify us against any loss, damage or claim arising in connection with any breach by you of any term of the Whole Agreement.
- We are committed to handling your personal information in accordance with all relevant privacy laws.
14. Force Majeure
- To the greatest extent permitted at law we accept no liability for any failure to comply with any term of the Whole Agreement where such failure is due to any act of God (such as fire, flood or earthquake), state of emergency, war, hostilities, commotions, governmental or regional or local authority restraint, legislation or bylaw or decision, strike, industrial action, lockout, difficulty in procuring components or materials, shortage of labour, lack of skilled labour, delays in transit, failure or delays by suppliers or subcontractors, failure, delay or inability to obtain any necessary authorisation, legislative, departmental or other prohibition or restrictions, injunction or threat of injunction or threat of other legal action by any person against us or any other cause whatsoever beyond our reasonable control.
15. General information
- Our failure to exercise or enforce any right or provision of the Whole Agreement does not constitute a waiver of the right or provision and the exercise of any waiver available by us on one occasion does not constitute a waiver of that right on any other occasion.
- If any provision of the Whole Agreement is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from the Whole Agreement and the remaining provisions shall continue in full force.
- Your rights and obligations under the Whole Agreement are personal to you and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.
- The Whole Agreement contains the entire understanding between the parties concerning its subject matter and supersedes, terminates and replaces all prior agreements and communications between the parties. Each party acknowledges that, except as expressly stated, that party has not relied on any representation, warranty or undertaking of any kind made by or on behalf of another party in relation to the subject matter of the Whole Agreement.
- No term of the Whole Agreement is not to be construed to the disadvantage of a party because that party was responsible for its preparation.
- You are liable for and indemnify us against any loss, damage or claim arising in connection with any breach by you of any term of the Whole Agreement.
17. Governing law
- The Contract shall be interpreted and governed in accordance with current laws of England and Wales.
19. Further Information on Terms of Purchase
- If you would like more information on these Terms of Purchase, please contact us at GetBrewing@WilliamsWarnuk.com