Terms of service

TERMS & CONDITIONS OF BUSINESS

YOU MUST BE OVER 18 YEARS OF AGE TO PURCHASE ALCOHOL FROM THIS WEBSITE.

This website is operated by Brothers Drinks Co. Limited. Throughout the site, the terms “we”, “us” and “our” refer to Brothers Drinks Co. Limited. Brothers Drinks Co. Limited 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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

YOUR ONLINE STORE TERMS AND CONDITIONS

This Website is operated by Brothers Drinks Co. Limited, a company registered in England and Wales at Companies House (“Brothers Drinks Co. Limited”, “us”, “we” or “our”). Our registered office is Brothers Drinks Co. Limited, 4th Floor St Catherine’s Court, Berkeley Place, Clifton, Bristol, BS8 1BQ and our registered number is 02711055. Our VAT number is GB 248960467.

Please note that payment and fulfilment of Orders is run by Brothers Drinks Co. Limited (“Our Fulfilment Company”)

For any queries relating to your online purchase you can contact the Brothers Shop team by email: info@brothersdrinks.co.uk.

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 unauthorised 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.

DEFINITIONS

“Contract” - means the contract formed when we accept your Order by sending you our Order Acceptance;

“Goods” - means any goods available to purchase from us on this Website;

“Order” - means your order for Goods placed via this Website

“Order Acceptance” - happens when Brothers Drinks Co. Limited sends an email saying your Order has been accepted;

“Working Day” - means Monday to Friday excluding UK Bank Holidays.

PLACING ORDERS

To purchase from us you must be over 18 and be registered as a Friend of Brothers. We’re sorry but at the moment we can only deliver Goods to addresses in mainland England, Wales and Scotland.

If you are buying Goods from us, we will ask you to confirm that your Order is correct before you proceed to the checkout.

For every Order, please provide complete and accurate information during the ordering procedure. The information requested shall include: title, surname, first name, phone number, e-mail address, delivery and billing address. You are responsible for ensuring your account as a Friend of Brothers has your up to date billing and delivery addresses for Goods.

When you submit your Order to our Website, your Order is not accepted until Our Fulfilment Company sends you an Order Acceptance email. Please note that Orders placed outside of Working Days or after 12noon on a Working Day will not be processed until the following Working Day.

If the Goods stated in your Order are no longer available, we may offer you substituted Goods or Services of a similar nature and quality. Again, in this case, we will contact you and ask if you wish to proceed.

We take every effort to try to ensure that the pictures and descriptions of our Goods are accurate, but please are aware that photographs and information displayed on the Website are illustrative and variations can occur.

PRICE & PAYMENT

The final price payable for your Order includes the delivery charges specified in your Order.

It is possible that from time to time we may make an error on the Website such as displaying the wrong price for Goods. We will normally check our prices before sending you an Order Acceptance. Where the correct price is lower than the price stated on the Website you will be charged the lower amount. If a price is higher than the price stated on the Website, we may either (a) contact you to see whether or not you wish to go ahead with the Order; or (b) cancel your Order and notify you of the cancellation, in which case we will refund the price already paid by you (if any).

If we are unable to accept your Order for any reason then we will refund any money we have already debited in respect of that Order. We will not dispatch Goods until we receive payment in full. Payment for all Goods must be made in pounds sterling by credit or debit card.

DELIVERY

Our Fulfilment Company will arrange for delivery of the Goods. We aim to deliver Goods to you within the time indicated by us in the Order Acceptance; however we cannot guarantee delivery on a specific date.

If we have not delivered the Goods within 30 days of you submitting your Order or any other date that we have agreed with you in writing then you may cancel the Contract and we will refund you any money that you have already paid.

AMENDING YOUR ORDER, REFUNDS & CANCELLATIONS

If you discover you have made a mistake with your Order after we have sent the Order Acceptance or you change your mind and wish to cancel your Order, please contact us immediately on 01749 333456. Please note that we are unable to change your Order after it has been selected for dispatch, although you still have the right to refund as described below.

If you are a consumer (i.e. you are not purchasing Goods for your business or you are not a business) you have the right, in addition to your other statutory rights, to cancel the Contract and receive a refund from us. To do this, you must inform us by telephone on 01749 333456 that you wish to cancel your Contract for Goods, quoting the order reference number, and you must do so within 7 Working Days from the date you received the Goods. If you choose to cancel then you must return the Goods to us at your cost and risk. Goods must be returned to us in perfect condition to the address specified on the delivery note. In this case, you will receive a full refund of the price paid for the Goods plus your original delivery charge.

Please inspect the Goods when you receive them for defects or damage. If you find any you must tell us as soon as possible and in any event within 14 days of the delivery date quoting the order reference number, by contacting us on 01749 333456. You must then arrange for the Goods to be returned to Our Fulfilment Company at your own charge. If on inspection the Goods are found to be damaged, faulty or defective, we will either send you a replacement or refund the price paid by you (plus your original delivery charge).

If you have any queries regarding your delivery or if your delivery is incomplete please contact us within 24 hours of receiving your order.

OUR LIABILITY

We promise that all Goods supplied are of satisfactory quality and reasonably fit for all the purposes for which Goods of their kind are commonly supplied. All products ordered will have no less than 30 days shelf life remaining on delivery.

To the maximum extent permissible, we make no other promises about the Goods and any implied warranties are excluded other than those promises set out in these Terms of Purchase. We cannot be held liable for indirect losses that you may incur such as lost data, loss of profit or business interruption.

If something goes wrong, our liability to you in relation to supplying Goods is limited to the value of the Goods plus any refund of delivery costs.

However, this clause does not exclude or limit in any way our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude or to attempt to exclude or liability.

EVENTS OUTSIDE OF OUR REASONABLE CONTROL

If something happens which is outside of our reasonable control (like flooding, severe weather, postal strikes) we can’t be held responsible for any delays or failure to comply with our obligations. This condition does not affect your statutory rights.

AMENDMENTS

We have the right to revise and amend these terms from time to time. You should check this page every time you make an Order to see if anything has changed since your last Order.

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 & 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 & 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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour 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 any time 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 & 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, re-sellers 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 & 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. View our Privacy Policy.

ERRORS, INACCURACIES & 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 Brothers Drinks Co. Limited, 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 Brothers Drinks Co. Limited 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 enforce-ability 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.

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.

ENGLISH LAW

These terms shall be governed by English Law and in the unlikely event there is a dispute between us, it will be governed by the English courts.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@brothersdrinks.co.uk