Terms And Conditions
Introduction
This document (together with our Privacy Policy, Web Shop Terms of Sale and any other document referred to in them) constitute the terms and conditions for the website www.oldtombeer.co.uk (hereinafter “the website”) and the terms and conditions on which you may make use of it. Please take the time to read and understand all these terms and conditions before you use the website as by using the website you agree that you have read and understood them in full and you agree to be bound by them.
If you don’t want to be bound by them you must stop using the website immediately. You are also responsible for ensuring that any persons who access the website through your computer or internet connection are aware of these terms and conditions and that they comply with them.
This website is owned and operated by (or on behalf of) Frederic Robinson Limited a company incorporated in England and Wales under company number 170679. Our VAT Number is GB157118468. If you need any information or have a complaint about this website or any of our services please contact us by one of the following methods:
Telephone: 0161 612 4061
Email: Please contact us through our feedback form
Mail (registered office):
Unicorn Brewery
Stockport
Cheshire
Sk1 1JJ
Owing to the nature of the website and the products offered through it, you must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. If you are under 18 or do not accept these terms and conditions, you must leave this website immediately.
Privacy
Your privacy is important to us. Please see our Privacy Policy for details of what information we collect from or about you and how we will use and protect it.
Competitions
From time to time, this website may include competitions for which additional terms, which form part of these terms and conditions, apply. These conditions will be available at the time any competition is launched.
Registration
Visitors to this website may be required to register in order to use its facilities. We are not under any obligation to accept a request for registration and reserve the right to suspend or terminate access at any time if your continued use is believed to prejudice us or other users. By registering to use this website you confirm that the information you provide during the registration process is accurate and complete. You agree to update your registration details promptly if they change. All registration information you provide will be kept secure and processed in accordance with our Privacy Policy.
User id and passwords
During the registration process as part of our security procedures you may be allocated, or invited to choose, your own user id and password which will be unique to you. You are responsible for keeping your user id and password confidential and for ensuring that they are not used by any other person. We have the right to disable any user ID or password at any time if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
Commercial Partners
Our commercial partners and other third parties may occasionally promote their goods or services on this website or through other direct marketing initiatives but we are not involved in the sale of such products (or contracts in respect of the same) in any way whatsoever. Whilst we try to encourage our partners to offer good quality products and services at competitive prices we have no control over them or other third parties, we do not endorse the products or services they offer, or give you any assurance that they will be suitable for your needs.
It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same. Our commercial partners will also have their own terms and conditions for the sale of their products or services which we strongly recommend that you read and understand before concluding any contract with them.
Ownership of materials and licence terms
This website (including all design, text, graphics and software) and the materials on it or provided to you through it are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to Frederic Robinson and/or third parties. All rights therein are reserved.
You are permitted to display the materials on this website on a computer screen and to download and print a hard copy for your personal use provided you do not alter or remove any of the content or any part of the website (or any copies you are permitted to print under these terms) without our express permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices. Our status (or that of our licensors) as owners / authors of the material must always be acknowledged.
You agree not to:
- use this website or any of the materials on it for:
- any unlawful purpose or in contravention of applicable law
- commercial exploitation without our prior written consent
- any purpose or in any manner that may give a false or misleading impression of us, our staff or our services (or those of our commercial partners); or
- use, upload or transmit:
- any material to the website without our prior written consent;
- even where our consent has been obtained, any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person any device, software, file or mechanism which may interfere with the proper operation of this website or our systems; or
- misuse the website or attempt to damage it in any way, nor gain unauthorised access to the website (or any part of it), the server on which the website is stored or any server, computer or database connected to the website; or
- establish a link to this website from any other website, intranet or extranet site without our prior written consent; or
- do anything that may interfere with or disrupt this website or our service; or encourage or permit others to do any of the above.
IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU AND/OR FREDERIC ROBINSON LIMITED. WE WILL PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY SUFFER AS A RESULT OF YOUR ACTIONS. YOU MAY ALSO BE COMMITTING A CRIMINAL OFFENCE UNDER THE COMPUTER MISUSE ACT 1990 AND WE WILL REPORT ANY SUCH BREACH TO THE RELEVANT LAW ENFORCEMENT AUTHORITIES AND WILL CO-OPERATE WITH THEM BY DISCLOSING YOUR IDENTITY TO THEM.
Trademarks
Frederic Robinson Ltd and frederic-robinson.co.uk are either trademarks or registered trademarks of Frederic Robinson Ltd. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners and are used by us with their consent. No such names or marks may be used without the prior consent of the relevant rights owner.
Suitability of materials
We do not give any assurance that the materials provided or available to you on or through this website are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials. You remain responsible for ensuring that this website is suitable for your own purposes.
Website availability
This website is provided free of charge, on a temporary basis and we make no guarantee that it will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the website or any of its content or the service we provide through it at any time without notice and without incurring any liability. We have no liability if for any reason the website (or part of it) is unavailable at any time or for any period.
Links from this website
We may, from time to time, provide links from this website to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites. Such third party websites will have their own terms and conditions of use and privacy policies and we strongly recommend that you read and understand the same before using any third party websites linked to this website.
Monitoring
Frederic Robinson may monitor activity and content on this website and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities or requiring you to return to us any material which is or remains our property.
Security
Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from this website may be intercepted and potentially read by others. Whilst we will take reasonable precautions to ensure that our website is as safe as possible, we will have no liability in respect of any transmissions you send to us, or in respect of any damage, loss or corruption of any data, information or material or viruses that may infect your computer equipment or other property. You acknowledge that you have chosen to use this website and do so entirely at your own risk.
Accuracy of information
We take care to ensure that all information available on our website about our services is accurate and correct. However:
(A) our services are continually developing and, occasionally, the information we put on this website may be out of date. We reserve the right to change such information at any time. Any newsletters, blogs and other items offering information have been prepared for general interest only and are not a substitute for specific professional advice and should not be read or used as such;
(B) information provided by our commercial partners and/or other third parties is not checked by us and we have no responsibility for it. Any redress for mistakes in such information should be made against the relevant commercial partner or third party.
Disclaimer
FREDERIC ROBINSON LIMITED DOES NOT WARRANT OR REPRESENT THAT THE MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES. THIS WEBSITE AND THE SERVICE PROVIDED THROUGH IT IS PROVIDED ON AN “AS IS” BASIS AND ACCORDINGLY, WE HEREBY DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE SAME BY ANY VISITOR TO THE WEBSITE (OR ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS) TO THE EXTENT PERMITTED BY LAW. THE EXPRESS PROVISIONS OF THESE TERMS AND CONDITIONS ARE IN PLACE OF ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS OF ANY KIND IMPLIED BY STATUTE, COMMON LAW, CUSTOM OR OTHERWISE AND THE SAME ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, THOUGH YOUR STATUTORY RIGHTS ARE NOT AFFECTED. NOTHING CONTAINED IN THE PAGES OF THIS WEBSITE SHOULD BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN THIS WEBSITE.
Use of this Website outside England and Wales
Frederic Robinson Limited makes no claims or representations that any or all of the content of this website may be lawfully viewed or downloaded outside England and Wales and, unless otherwise specifically stated, the content and this website is directed solely at users who access this website from England and Wales. IF YOU CHOOSE TO ACCESS THE WEBSITE FROM OUTSIDE ENGLAND AND WALES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
Liability limitations
Nothing in these terms and conditions excludes or limits our liability for fraudulent misrepresentation, for death or personal injury caused by our negligence or for any other matter for which liability cannot be excluded or limited by operation of law. Nor shall anything in these terms and conditions affect your statutory rights. Subject always to the provisions of the previous paragraph, we hereby expressly exclude any liability for:
any direct, indirect or consequential loss or damage incurred by any user in connection with the website or in connection with the use, inability to use , or results of the use of the website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of profit, loss of business or contracts, loss of goodwill and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
any loss or damage resulting from circumstances where there is no breach of a legal duty of care owed to you by us; or
any loss or damage (or increase in loss or damage) resulting from a breach by you of these terms and conditions.
Third party rights
Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms and Conditions has no rights to enforce them.
Waiver
No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
Governing law
These Terms and Conditions are subject to the laws of England and Wales and each of us hereby submits to the non-exclusive jurisdiction of the English and Welsh courts.
WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING IF YOU USE THE WEBSITE AFTER THE NEW TERMS AND CONDITION SHAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS
Privacy Statement
Introduction
All references to 'our', 'us', 'we' or ‘company’ within this privacy policy and within the opt-in notice are deemed to refer to Frederic Robinson Limited (or its subsidiaries and associates, as applicable).
The protection of your personal information is important to us and we are committed to the protection of your personal information and its privacy. We provide this privacy policy to help you to understand what we may do with any personal information that we obtain from you or that you provide to us. Please read it carefully before continuing to use the website.
We follow the provisions of the Data Protection Act 1998, and for the purposes of that Act we are the data controller. We are a registered with the Information Commissioner’s Office as a data controller, with registration number Z5515535.
By providing your personal details to us and / or continuing to use the website, you signify your acceptance of our privacy policy. If you do not agree to this privacy policy, please do not provide your personal details to us. This privacy policy is incorporated into, and forms part of, the Terms and Conditions, which govern your use of the website in general.
We will only use your personal information for the purposes set out below. However, due to the nature of the Internet, we can't guarantee absolutely the protection of your personal information. We will treat your information in accordance with our strict procedures and security features to try to prevent any unauthorised access but we can't be responsible for any outcomes resulting from a breach of security when the website is used other than as a result of our breach of the Data Protection Act 1998. When you send us your information, you do so at your own risk. We may need to update this privacy policy from time to time. We recommend that you regularly check this page to ensure that you have read the most recent version. By continuing to use the website you are agreeing to any changes we have made to this privacy policy from time to time.
Legal Purchase Age
You must not provide us with your personal information if you are not of legal age to purchase alcohol in the jurisdiction in which you reside and (if different) in the jurisdiction in which you are accessing the website. We do not intend to collect personal information from any individuals under the legal purchase age or market alcoholic beverages to anyone under the legal purchase age. If we receive notice or believe that someone under the legal purchase age has provided us with personal information we will make every reasonable effort to remove such personal information from our files.
What is personal information?
Personal information is information about an identifiable individual, as defined by applicable law. It does not include aggregated information that does not allow you to be identified, nor does it include business contact information such as your name, title, business address and business phone number.
Collecting Personal Information
You do not need to provide us with any personal information to browse the website and so you can decide what personal information you provide to us. We will only collect personal information that you choose to provide.
In order to use our website for the purchase of our products, though, we will need to take from you at least your name, e-mail address, mobile / landline telephone number and an address for delivery of products. We will also keep a record of transaction details and fulfilment of your orders.
If you choose to make a purchase from the website, you will be redirected to the website of our secure payment provider, RBS WorldPay for the final stage in the payment process. Information concerning your payment details will be collected, processed and protected by RBS WorldPay. We may also ask you for further information, such as the products and promotions you would be interested in being kept informed about, if you decide to register with us on our website or fill out other forms on the website.
If you wish to enter one of our competitions run through the website from time to time we may also need to take further information from you, as specified in the rules of the competition.
If you contact us, we may keep a record of that correspondence. We may also keep a record of details of your visits to the website, including details of pages and material that you choose to access.
Where possible, we will enable you to select how we will use this information (for example, by choosing to opt-in or opt-out of receiving special promotional offers). But remember, if you're registering specifically to hear from us, we'll take this as your consent to our using such information as we may need to contact you for this purpose, so we won't ask you to tick 'yes' or 'no'.
Where we store your information
We may store the information collected from you or that you provide to us electronically in our computer databases. Our computer servers containing our databases are operated on our behalf in accordance with our instructions and access to those computer servers is controlled by firewalls. Information concerning your payment details is stored, processed and protected by our secure payment provider RBS WorldPay.
Due to the global nature of the internet, the information you provide may be transferred to or stored in countries outside the European Economic Area that do not have similar protections in place relating to your information and how it is used, as set out in this policy. However, we have taken the steps outlined in this policy to try to maintain the security of your information. By sending your information to us, you agree to these transfers.
Use made of your information
We may use personal information held about you in the following ways:
- To ensure that the website is designed and presented to give you the best possible experience when visiting it.
- To administer any account you may create with us, as well as for transactional purposes, such as credit card sales, and to perform any contract concluded between us.
- For administering any competition that we may run on the website (including contacting you if you are the winner of such competition).
- To monitor your use of our website(s) in order to make our communications to you as relevant as possible.
- To provide you with information about products or services that you request from us or which we feel may be of interest to you (but only where you have consented to such contact and you can always ask us to stop doing this).
- To receive news updates and alerts regarding the pubs and brands owned by Frederic Robinson Limited and where appropriate associated third partner suppliers (but only where you have consented to such contact and you can always ask us to stop doing this).
- We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information but such information will not identify any individuals.
You will have an opportunity to unsubscribe whenever we communicate with you.
Disclosure of your information
We may pass on your information to our brand partners. We will not sell your data to other parties but we may permit selected third parties to use your data to provide you with information about products or services that may be of interest to you (but only where you have consented to such contact and you can always ask us to stop doing this).
We may also disclose your information:
- To any member of our group of companies; or
- To third parties where:
- we sell or buy any business or assets in which case we may disclose your personal information to the prospective buyer or seller;
- our company or substantially all of its assets are acquired by a third party in which case personal data of our customers may be one of the transferred assets; or
- if we are under a duty to disclose or share your personal information to comply with any legal obligation or in order to enforce or apply our terms and conditions of website use and other agreements or otherwise to protect our rights and / or our property or the safety of our customers.
Use of Cookies
In common with many websites, we use ’cookies’ to help us gather information from visitors to our website.
A cookie is a small data file that our server sends to your browser when you visit the website. The use of cookies helps us to assist your use of certain aspects of the website and helps us to improve the website to deliver a better service for you.
The following cookies are used.
PHPSESSID
__utma
__utmb
__utmc
__utmz
You can delete cookies at any time or you can set your browser to reject or disable cookies. If you do disable cookies some functions on the site may not work correctly.
We may use your personal information from cookies for the following purposes:
- the IP address from which you access the site
- the type of browser and operating system used to access the site
- the date and time of your access to the site
- the pages you visit
- the Internet address of the website from which you accessed the site
- To recognise repeat visitors for statistical / analytical purposes.
Anonymous tracking of interaction with online advertising. e.g. to monitor the number of times that a banner ad is displayed and the number of times it is clicked.
Access to your information
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Terms Of Sale
Introduction
This section deals with conditions relating to the sale of products by Frederic Robinson Limited to you through the website.
Our contract
When you place an order to purchase a product from the website we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you and a binding contract between us on these terms and conditions will be concluded. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
Pricing and availability
We list availability information for products sold by us on the website. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such though we will try to meet them wherever possible. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. There are no weekend deliveries available.
All prices are inclusive of VAT unless stated otherwise.
Returns/Guarantees Policy No Quibbles Guarantee
Our returns policy is simple! Our "no quibbles" guarantee means that if for any reason you are unhappy with your purchase, i.e. the item you have ordered is defective or you've had a change of heart you must return it to us unused and in its original condition within 30 days for a prompt replacement, exchange or refund.
Returns
How do I return an item? Simply call us on 01606 831313 , and one of our customer support team will issue you with a Returns Authorisation Code that will enable us to process your return quickly and efficiently. You must obtain a Returns Authorisation Code before sending anything back to us or we will not be able to process your return. To give you a few pointers on how we manage our returns, here are some simple and easy to follow guidelines:
Faulty or defective items:
If you return an item because of an error on our part, or it is defective, we will happily refund your costs in returning it to us. You are responsible for any other service provided to you in connection with your purchase, e.g. gift wrapping. The item(s) must be returned within 30 days of purchase.
Change of heart:
Goods returned to us because of a change of heart must be unused and in perfect, re-saleable condition (including product packaging, instructions, etc), otherwise we will not be able to refund you. You are responsible for any other service provided to you in connection with your purchase, e.g. gift wrapping and delivery charge. Please note that the costs of returning item(s) to us as a result of a change of heart must be borne by you. In any event, the item(s) must be returned within 30 days of purchase.
Under the European Distance Selling Regulations (DSRs), customers in the European Union that cancel a contract for purchase of an item(s) within 7 days of receipt of their order will receive a refund for the cost of the item(s) and the cost of sending the item to you, provided that the entire order is being returned. If the item(s) returned is part of a larger order, then no delivery charge is refunded. Where we collect an item from you, we reserve the right to recover the costs of collection from you.
Perishable goods:
We are unable to accept returns of perishable goods.
Returning a gift:
We are happy to exchange faulty or defective products that have been sent as a gift. If you are returning an item but would like to exchange it for something else and you're not sure what, we are happy to issue a gift voucher for the value of the item you are returning. If a refund is required however, please note that refunds of the purchase price for items bought as gifts can only be given to the original purchaser.
Items lost in transit:
We cannot be held responsible for packages lost in transit: as you are responsible for returning the item(s) to us, we recommend sending the package by Recorded/Special Delivery.
Refunds, replacement and exchanges:
Refunds, replacements or exchanges are usually processed within 7 working days of receipt of the returned item(s) by Frederic Robinson Limited. Any refund will be made in the same form of payment that was used to make the initial purchase.
Please note, in all instances Frederic Robinson Ltd shall not be liable for incidental or consequential damages or expenses, including but not limited to lost profits or other economic or commercial losses. This warranty does not affect your statutory rights.
Customs
When ordering goods from Frederic Robinson Limited for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Frederick Robinson Limited you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
