Terms and conditions

Terms of Service

OVERVIEW

This website is operated by Salcombe Brew Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Salcombe Brew Ltd. Salcombe Brew Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Sitebuilder. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Salcombe Brew Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Salcombe Brew Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. 

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at admin@salcombebrew.com.

Refunds Policy

RETURNS 

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase.

Any item that is returned more than 30 days after delivery

REFUNDS (IF APPLICABLE) 

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

LATE OR MISSING REFUNDS (IF APPLICABLE) 

If you haven’t received a refund yet, first check your bank account again. 

Then contact your credit card company, it may take some time before your refund is officially posted. 

Next contact your bank. There is often some processing time before a refund is posted. 

If you’ve done all of this and you still have not received your refund yet, please contact us at admin@salcombebrew.com.

EXCHANGES (IF APPLICABLE 

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at admin@salcombebrew.com and send your item to: 10 Decimus Park, Kingstanding Way, Tunbridge Wells, Kent TN2 3GP.

SHIPPING

To return your product, you should mail your product to: 10 Decimus Park, Kingstanding Way, Tunbridge Wells, Kent TN2 3GP.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Privacy Policy

Salcombe Brew Ltd. (we, our, us or Salcombe Brew) is committed to protecting the privacy and security of your personal information. This policy (together with our terms & conditions and any other documents referred to in it) explains how we will collect, store and use any personal information about you so please read the following carefully.

DATA PROTECTION PRINCIPLES

For the purposes of this policy data protection law means: (i) until 25 May 2018 the Data Protection Act 1998 and then (ii) from 25 May 2018 and unless and until it is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (iii) any successor legislation to the GDPR or the Data Protection Act 1998.

We will comply with data protection law. Personal information we hold about you will be:

  • Used lawfully, fairly and in a transparent way.
  • Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  • Relevant to the purposes we have told you about and limited only to those purposes.
  • Accurate and kept up to date.
  • Kept only as long as necessary for the purposes we have told you about.
  • Kept securely.

THE KIND OF INFORMATION WE HOLD ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are "special categories" of more sensitive personal data which require a higher level of protection.

We may collect, store and use the following information about you:

  • Information you give us. You may give us information when you contact us, place an order, participate in social media and when you report a problem. This may include your name, address, e-mail address and phone number, financial and credit card information
  • Information we collect about you. When you visit our site, we may automatically collect the following information:
    • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, and browser information;
    • information about your visit to the site including traffic data, location data, web logs and other communication data.

Information we receive from other sources. We may receive information about you from third parties (including business partners providing technical, payment and delivery services and analytics).

HOW WILL WE USE YOUR PERSONAL INFORMATION?

We use your information:

  • to process your order;
  • to monitor purchase history, site use and traffic patterns to improve our site design and products;
  • to verify your identity;
  • to enable third parties to carry out technical, logistical or other functions on our behalf;
  • to prevent and detect fraud or abuses of our site.

We may also use or disclose your information where we have a legal right or duty to (for example, in relation to an investigation by a public authority or in a legal dispute).

SHARING DATA WITH THIRD PARTIES

We do not transfer your information to anyone for marketing purposes. However, it may be necessary for us to share your personal information with third parties in the following circumstances:

OUR SERVICE PROVIDERS AND SUPPLIERS

  • In order to make certain services available to you, we may need to share your personal information with some of our service partners. These include IT, delivery and payment service providers.
  • We only allow our service providers to handle your personal data when we have confirmed that they apply appropriate data protection and security controls. We also impose contractual obligations on service providers relating to data protection and security, which means they can only use your data to provide services to us and to you, and for no other purposes.

OTHER THIRD PARTIES

  • if we have to disclose in order to comply with a legal obligation;
  • in order to enforce or apply the terms of our contract with you;
  • to protect the rights, property, or safety of Salcombe Brew, our customers, or others.

HOW LONG WILL WE KEEP YOUR INFORMATION?

We will retain your personal information no longer than is necessary for the purpose we obtained it for thereby reducing the risk that it will become inaccurate, out of date or irrelevant. Information that is no longer needed will be securely deleted. Different retention periods apply for different types of data, however the longest we will normally hold any personal data is 7 years.

WHAT ARE THE CONSEQUENCES OF FAILING TO PROVIDE PERSONAL INFORMATION OR WITHDRAWING CONSENT?

If you fail to provide certain information when requested:

  • we may not be able to fulfil your orders or perform other aspects of any contract we have entered into with you;
  • we may be prevented from complying with our legal obligations;

INFORMING US OF CHANGES

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

CHANGE OF PURPOSE

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal information without your knowledge or consent where this is required or permitted by law.

WHAT ARE YOUR RIGHTS?

Right of access - You have the right to obtain confirmation that your data is being processed and access to your personal data. You can make a request by email to admin@salcombebrew.co.uk, or in writing to Salcombe Brew Ltd, 10 Decimus Park, Kingstanding Way, Tunbridge Wells, Kent, TN2 3GP.

In most cases we will provide a copy of the information free of charge. However, we may charge a reasonable administration fee when a request is manifestly unfounded or excessive or to comply with requests for further copies of the same information although this does not mean that we will charge for all subsequent access requests.

We must without delay and in any event within 1 month of your request (subject to extensions in some cases):

  • confirm what personal data we hold about you;
  • provide a copy of the data in commonly used electronic form; and
  • provide any supporting explanatory materials.

We can extend the time to respond by a further two months where requests are complex or numerous. If this is the case, we will inform you of this within one month of the receipt of the request and explain why the extension is necessary.

Where requests are obviously unfounded or excessive we can refuse to respond. In such cases, we will, within one month, explain why and will inform you of your right to complain to our Supervisory Authority and to pursue a legal remedy.

Data portability - In addition to your access right you can require us to provide a copy of your information that we hold in a commonly used machine-readable format

Rights of correction and erasure (“right to be forgotten”) - You may ask us to correct or remove information you think is inaccurate.

RIGHT TO WITHDRAW CONSENT OR RESTRICT PROCESSING

Processing for our legitimate interest - You can object to any processing which is for our legitimate interests or those of a third party in which case, the processing must stop, unless there are compelling legitimate grounds for the processing which override your rights, or where the processing is necessary in relation to legal action.

You can raise an objection, withdraw consent or restrict processing by email to admin@salcombebrew.co.uk, or in writing to Salcombe Brew Ltd, 10 Decimus Park, Kingstanding Way, Tunbridge Wells, Kent, TN2 3GP

Right to Complain - If you have any concerns with how we keep and use your information please contact our Data Protection Officer by email at admin@salcombebrew.co.uk, or in writing to Salcombe Brew Ltd, 10 Decimus Park, Kingstanding Way, Tunbridge Wells, Kent, TN2 3GP. You may also complain to our Supervisory Authority, the Information Commissioner’s Office by using their livechat service via their website at https://ico.org.uk/global/contact-us/live-chat or by phone on 0303 123 1113 or, where different, the Supervisory Authority where your data has been processed. We will advise you of this where appropriate.

HOW WE KEEP YOUR INFORMATION SECURE

We use Secure Server Software (SSL) to ensure that personal information, including credit card details, remains private and secure. 

We will maintain appropriate safeguards to ensure the security, integrity and privacy of your information and will take reasonable steps to try to ensure that third parties to whom we transfer any of your information will provide sufficient protection of that information.

HOW WE USE COOKIES

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This is used to track visitor use of the website and to compile statistical reports. For further information visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and the websites mentioned tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function as a result.

CHANGES TO OUR PRIVACY POLICY

We will regularly review this Privacy Policy, taking account of any complaints about information handling and updating it as necessary to reflect any changes in our collection and use of personal data. Any changes we may make in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes.

HOW TO CONTACT US

Questions, comments and requests regarding this Privacy Policy should be addressed to: The Data Protection Officer by email to admin@salcombebrew.co.uk, or in writing to Salcombe Brew Ltd, 10 Decimus Park, Kingstanding Way, Tunbridge Wells, Kent, TN2 3GP.



In no event shall the service provider be liable for any damage arising, directly or indirectly, from the use of the information contained on this web site including damages arising from inaccuracies, omissions or errors. Any person relying on any of the information contained on this web site or making any use of the information contained herein, shall do so at its own risk. The service provider hereby disclaims any liability and shall not be held liable for any damages including, without limitation, direct, indirect or consequential damages including loss of revenue, loss of profit, loss of opportunity or other loss.