INTRODUCTION

These terms of sale and terms of use (together, the “Terms”) apply if you want to purchase products from us or use our website (the “Site”). These terms should be read alongside, and are in addition to, our Privacy Policy and Cookie Policy.

Please read these Terms carefully before using the Site or purchasing products from us. We may change the content of the Site from time to time, including the terms of use. By using the Site you agree that you have read, understood and accepted these Terms. If you do not agree to be bound by these Terms, you may not use or access the Site or place an order with us.

ABOUT US

In these Terms, references to “we” or “us” are to Direct Wines Limited (trading as Brew Republic), a company incorporated in England and Wales (registered number 1095091) whose registered office is at One Waterside Drive, Arlington Business Park, Theale, Reading, Berkshire, RG7 4SW. Our registered VAT number is GB 823825133.

TERMS OF SALE

Contract creation

The placing of an order anywhere on our Site does not constitute a contract. Order acceptance will only take place, and the contract between you and us will only be formed, on the despatch to you of the product(s) ordered.

For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by Brew Republic nor at the point when you receive an email from Brew Republic acknowledging receipt of your order.

We may reject your order for any reason, including because:

–   the product(s) you ordered are not in stock;

–   we were unable to obtain authorisation for your payment;

–   we were unable to verify that you are aged over 18;

–   we identified a pricing or product description error; or

–   we believe that you are repeatedly or fraudulently using our vouchers.

Prices

All prices are quoted in pounds sterling, and may be per item or per case, as marked. The prices include UK duty and VAT, unless otherwise specified. Any delivery charges are additional, unless otherwise specified.

Although we try to ensure that all pricing information on our Site is accurate, occasionally an error may occur and products may be incorrectly priced.

In the event that you order a product that is listed at an incorrect price, we shall either (i) cancel your order or (ii) contact you by telephone or email before despatching your products asking you to confirm if you still wish to proceed with your order at the correct price or if you wish to cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this as a withdrawal of your order.

We reserve the right to alter prices without notice for any reason, including in the event of major currency fluctuations, changes in the rate of duty, VAT or other taxes or import tariffs (including, but not limited to, the imposition of any new or replacement duty or tariff by the WTO or any other competent authority domestic or international) or other market conditions. We also reserve the right to terminate any special offer at any time, without notice.

Availability

All products and services are subject to availability. Beers, ciders and wines are agricultural products and we may run out of stock from time to time.

Occasionally we have to substitute items for an alternative of equal or greater value. If you are unhappy with any substitutions you receive, we will arrange collection at our cost.

DELIVERY

We deliver throughout the UK except for the Channel Islands, hospitals, PO Boxes and BFPO addresses. Delivery information will be available to you when you place an order.

Standard delivery

Our standard delivery is 3 working days at a cost of £5 per address, regardless of how many cases are being sent. Delivery to the Scottish Highlands, some other areas of Scotland, Northern Ireland and offshore islands can take an extra few days from our standard delivery of 3 working days.

Standard delivery is free for orders of £50 and over.

Next day delivery

Next working day delivery is charged at £8 per address, regardless of how many cases are being sent.

Unfortunately, we cannot offer next working day service for delivery to the Highlands, some other areas of Scotland, islands and Northern Ireland. The following post codes do not have the option of next working day delivery: AB, BT, DD8-11, HS, IM, IV1-23, IV25-27, IV30-32, IV36, IV40-56, KA27-28, KW1-3, KW5-17, PA20-49, PA60-78, PH19-26, PH30-44, PH49-50, TR21-25, ZE.

The cut-off time for next working day delivery is 1pm the previous day.

We reserve the right to restrict deliveries or to withdraw services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.

Signed for deliveries and delivery instructions

Our deliveries are made by third party carriers. Some standard deliveries do not require a signature. If you are out, the delivery driver may be able to leave your order for you in accordance with the instructions that you gave us when you placed your order, for example, in a safe place or to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery. You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged. Should you request the beer to be delivered on a signature required service, please ensure that you are available to sign for delivery.

Returns

We refer in these terms of sale to your rights to cancel orders and return items to us. Should you wish to exercise these rights, we will provide you with a return label which you can apply to the packaging and take to your local Post Office® or Parcelforce Worldwide depot to return the items to us. This returns service is provided at no cost to you.

HOW OUR BEER PLANS WORK

Once we have accepted your request to join a beer plan (in accordance with the “our contract with you section”) and we have received payment from you for your first case, you will receive:

–   the introductory case for the beer plan that you have selected, plus any items which are advertised as being included with such introductory case, within 3-5 days of our acceptance

–   a case at regular intervals - either monthly or every two months - unless you cancel or delay your beer plan.

We will charge you for each case you receive after the introductory case based on the applicable price (as set out in the table below). By requesting to join a beer plan, you authorise us to deduct such subsequent amounts from the credit or debit card that you used to pay for the introductory case; and for each beer plan case you receive, you will receive free standard delivery (normally £5).

We will give you details of the next case by email and this information will also be available online.

CHANGING OR CANCELLING A BEER PLAN

If you wish to, you can:

–   change the frequency of your beer plan;

–   change your selected beer plan to a different one;

–   bring the delivery date forward if you need a case sooner;

–   delay the delivery date if you are not ready for another case (the contents of the case may change);

–   cancel your beer plan.

To change, delay or cancel a beer plan, you must let us know:

–   at least 4 days prior to the scheduled delivery date of your next case; and

–   by accessing your beer plan online in your Brew Republic account, by emailing us at help@brewrepublic.co.uk or by calling us on 03330 148 217;

–   if (whether before or after cancelling a beer plan) you have received a case that you wish to cancel, you may cancel that case in accordance with the “Cancellation” section.

From time to time we may make changes to these terms and conditions, including the prices for each beer plan, or we may cease offering a type of beer plan and transition you onto a new type of beer plan. We will let you know in writing a reasonable time in advance of making any such changes. If you are unhappy with such changes, you can cancel your beer plan in accordance with this section. If you do not cancel your beer plan, the changes will come into effect starting with the next case you receive.

BEER PLANS

When selecting a beer plan, we offer you the following options:

Frequency

A case of 12 beers every month

A case of 12 beers every 2 months

Level of beer plan

Classics at £29.99 per case

Discovery at £29.99 per case

Premium at £39.99 per case

Number of different beers

1 bottle of 12 different beers

2 bottles of 6 different beers

From time to time, we may need to change the price, frequency or make-up of our beer plan cases. We will always tell you in advance of any changes, and give you the chance to tell us that you no longer wish to take a beer plan case if you are unhappy with the changes we are proposing.

LOYALTY SCHEME

When you open an account with us, we shall automatically enter you into our Brew Republic loyalty scheme. For every order of 12 or more items you purchase (whether as standard orders or as part of our beer plans), we shall add a free loyalty scheme beer into your account.

Once you have six free beers in your account, we will notify you via email. You will have the choice of adding these to your next beer club case or you can place an order for the six free beers via our website. Instructions on how to claim your beers will be given via email. For any queries, you can contact us via help@brewrepublic.co.uk or by calling us on 03330 148 217.

CANCELLATIONS, REPLACEMENTS AND REFUNDS

If you buy any of our items and they are faulty or you don't like them, please see our Quality Guarantee section below.

If you change your mind about some or all of your order, you may also cancel your order up to and including 14 calendar days after the day on which you receive your order. We will provide you with the means of returning (free of charge) the unwanted products and reimburse the appropriate sum paid including delivery costs within 14 calendar days after the day on which you tell us that you wish to cancel provided you return the items to us.

However, if you handle the items whilst they are in your possession in a way which would not be permitted in a shop (for example, by opening a can of beer), we will reduce your refund to reflect the reduction in the value of the items.

Please let us know if you wish to cancel an order by:

–   emailing us at help@brewrepublic.co.uk

–   calling us on 03330 148 217;

–   visiting the "Cancellation" section on the Contact Us page on our website. 

All refunds given will be made by the same payment method you originally used to make payment.

QUALITY PROMISE

If a beer has been stored properly and is within the best before date but is thought to be faulty, we will either replace the beer, issue you a refund or credit your account with the price of the beer.

If you have a problem just chat to our team using one of the methods in the “Contact Us” section below and we will be happy to assist.

This guarantee is in addition to, and does not affect, your legal rights in respect of any of our products or services (for example, if any of our products are not of satisfactory quality). We are under a legal duty to supply goods that are in conformity with this contract. You have certain legal remedies if we breach these rights. For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service. To exercise your legal rights, please contact our Customer Services team using one of the methods in the “Contact Us” section.

SECURITY

All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We and our third party providers continuously monitor and implement new security protocols and software as they become available.

VOUCHER CODES

Unless otherwise stated, money-off vouchers are only to be used once by new customers against their first case of beer in our beer plans.

You are not entitled to any further introductory vouchers or offers from Brew Republic.

Vouchers are non-transferable, may not be sold at auction and have no cash alternative. Where a voucher is used in breach of the above conditions we reserve the right to refuse to supply beer to you or to make a charge equivalent to the value of the voucher against the payment card used on the contravening order or take steps to redeem the products as we deem appropriate. A charge may be made to cover the cost of recovery of the products.

RE-SALE

Items purchased from us are for your own use only (which may include your use as gifts for third parties). Items may not be re-sold or otherwise used for your commercial purposes.

AGE RESTRICTIONS

It is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person over the age of 18 to buy or attempt to buy intoxicating liquor for any person under the age of 18. Brew Republic is committed to upholding its legal and social obligations as a retailer of intoxicating liquor. By placing an order you confirm that you and the recipient of the beer are at least 18 years old. If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the items with you.

We use the services of a third party provider to verify your age when you create an account with us. We provide your name, address and other personal information supplied by you so that they can verify your identity and age against third party databases. A credit card check is not performed and your credit rating will be unaffected. If we cannot verify your age using this method we will contact you to ask for a driving licence number (or other evidence) in order to proceed with the order.

FRAUD AND CRIME PREVENTION

For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation.

LIABILITY

Please note that the images of the items on our website are for illustrative purposes only. The items you purchase may vary slightly from the products shown.

You have certain legal rights in respect of any items or services you purchase from us, including that such items are of satisfactory quality and that services are provided with reasonable care and skill. You have certain legal remedies if we breach these rights. Nothing in these terms of sale is intended to affect or limit these legal rights or other rights to which you may also be entitled, for example to damages. For more information about your legal rights please contact your local Citizens Advice Service or Trading Standards Service.

Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these terms of sale is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.

We are not responsible for any delay in, or failure of, performance of our obligations under these terms of sale arising from any event which is outside of our control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action).

In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any items you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and return the products to us (free of charge) by the means we make available to you.

We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:

–   your failure to lift, transport, store or otherwise handle items in an appropriate and safe manner; or

–   your failure to comply with the recommendations set out in the "Risks, Warnings and Storage Conditions" section below; or

–   any spillages or breakages involving one or more of our items, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective.

Nothing in these terms of sale shall affect our liability for death or personal injury arising from our negligence, for fraud, or any other liability which cannot be excluded or limited under applicable law.

RISKS, WARNINGS AND STORAGE CONDITIONS

You should be aware of the following inherent risks and warnings in respect of our products:

–   Alcohol should be consumed in moderation.

–   Our beer boxes can be heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer beers 1 or 2 at a time.

–   Our beers are best stored in a refrigerator or cool, dark room.

–   Our beers typically come with a best before or drink by date.

CONTACT US

If you have any questions regarding orders or any general enquiries please do let us know by:

–   entering the relevant details on the Contact Us page

–   emailing help@brewrepublic.co.uk

–   calling our Customer Support Line on 03330 148 217

–   writing to us at:

Brew Republic c/o Direct Wines Limited One Waterside Drive Arlington Business Park Theale Berkshire RG7 4SW

TERMS OF USE OF THE SITE

To comply with licensing and other legislation, the Site is only available to those aged 18 years and over. By using the Site, you agree that you are aged 18 or over. If you are not, you must not use the Site. We will ask you to confirm that you are aged 18 or over before making any purchases.

You agree to use the Site only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Site.

Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.

YOUR ACCOUNT

Some areas of the Site may require you to register an account with us in order to use the services or purchase products. By registering you agree that:

–   the personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.

–   you will notify us promptly of any changes to the personal information by updating your details within the “My Details” section of your online account or by contacting us using the contact details below.

–   you shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information.

If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site and / or your account.

INTELLECTUAL PROPERTY RIGHTS

All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the Brew Republic trade mark) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Site including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these terms of use shall be construed as an assignment to you of any such intellectual property rights.

Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.

Permission is granted to electronically copy, and to print in hard copy, portions of the Site for the sole purpose of placing an order with us or using the Site as a shopping resource.

USER COMMENTS AND CONTENT

You may post reviews, ratings, messages, comments and other content which may be disclosed, submitted or offered to us on or through the Site or otherwise (“Submissions”).

This right is extended on condition that the Submissions are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable. Specifically, Submissions should not include software viruses, political campaigning, commercial solicitation, chain letters or mass mailings. You are solely responsible for your Submissions. We reserve the right, but not the obligation, to remove or edit any Submissions.

If you disclose, submit or offer any Submissions, unless indicated otherwise, you:

–   grant us a non-exclusive, irrevocable, perpetual, royalty-free and fully sub-licensable right to use, reproduce, publish, modify, adapt, translate, distribute, create derivative works from, and display such Submissions throughout the world in any media.

–   grant us and all sub-licensees the right to use the name that you submit in connection with such Submissions, if we so choose.

–   agree to waive your right to be identified as the author of such Submissions and your right to object to derogatory treatment of such Submissions.

–   represent and warrant that you own or otherwise control all of the rights to the Submissions; that, as at the date the Submission is disclosed, submitted or offered to us, such Submission is true, accurate and not misleading; use of the Submission will not cause injury to any person or entity (including that it is not defamatory), does not include the trade secret or confidential information of others and does not infringe any other person's or entity's rights. You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.

These terms also govern any Submissions you make on any of our related third party websites or pages such as our Facebook page, Instagram, Twitter, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of us or our employees and we are not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and the third party social networking sites' terms of use, as applicable.

PRIZE DRAW & COMPETITION TERMS & CONDITIONS

The prize draw or competition is run by Direct Wines Limited trading as Brew Republic UK of One Waterside Drive, Arlington Business Park, Theale, Berkshire, RG7 4SW (the “Promoter”).

The prize is stated on each individual prize draw or competition (the “Promotion”). All prizes are non-transferable, non-refundable, non-negotiable and cash alternatives are not available. The Promoter reserves the right at all times to substitute any element of the Promotion (including replacing any prize with an alternative) as necessary due to circumstances outside its reasonable control.

Entrants must be 18 or above at the time of entry and must have an address in England, Scotland or Wales (unless otherwise stated) to which the prize can be delivered. The Promoter reserves the right to verify the eligibility of entrants including through the use of verification services provided by a third party.

Instructions on how entrants may enter is stated on each individual Promotion. Only one entry per person shall be allowed for each Promotion; further entries shall be disqualified.

The Promoter reserves the right to reject entries and disqualify any entrant from any Promotion and refuse to award the prize if there are reasonable grounds to believe that there has been a breach of these terms and conditions by an entrant.

The closing date is stated on each individual Promotion. The Promoter reserves the right to modify, terminate, suspend or extend any Promotion at any time without prior notice.

All qualifying entrants will be placed in the draw. Winners will be drawn after the closing date at random from all valid entries received.

Winners will be notified within 72 hours of the relevant draw closing via the means stated on the individual Promotion. Entrants warrant that all details provided are correct.

Winners have seven days from the date that the Promoter first notified them to claim their prize. Failure to do so will result in forfeiture of their prize. In case of forfeiture, the Promoter reserves the right to carry out a subsequent draw. Upon claiming a prize, winners will be required to send the Promoter full details of their postal address to which the prize will be delivered (if not already provided).

The Promoter (or any third party nominated by the Promoter) may use the winner's name and image and their comments relating to the Promotion to identify the surname and location of any prize winner and for future promotional, marketing and publicity purposes in any media worldwide with the winner’s consent but without any fee being paid.

The Promoter reserves the right to make any amendment or addition to these Terms and Conditions.

Entries will not be acknowledged and no responsibility can be accepted for entries which are not properly received due to circumstances beyond our control. Proof of entry is not proof of receipt. Entrants are advised to retain and keep safe these Terms and Conditions. Entry to the Promotion confirms acceptance of these rules as final and legally binding.

The personal information supplied by entrants will be handled in accordance with our Privacy Policy.

These terms and conditions will be exclusively governed by and construed in accordance with the laws of England, unless entrants are resident in Scotland, in which case they may choose the law of their place of residence. Entrants irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, unless they are resident in Scotland in which case they may choose the courts of their place of residence.

The Promoter shall not be liable in any way for a) any costs or expenses associated with claiming or redeeming any prize and not specifically included within the prize as stated on each individual Promotion, b) any damages, liability or injury arising out of or in any way connected with the Promotion or the prize other than those costs and expenses specifically stated on each individual Promotion. Nothing in this disclaimer is intended to limit the promoter's liability for death or personal injury arising out of the Promoter's negligence.

PRIVACY AND DATA PROTECTION

We process information about you in accordance with our Privacy Policy.

LIABILITY

We have taken all reasonable care in the preparation of the content of the Site. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Site or their contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the Site and content on the Site is entirely at your own risk. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the Site.

We expressly exclude, to the fullest extent permitted by law, all liability of Direct Wines Limited (trading as Brew Republic), its directors, employees and other representatives, howsoever arising, for any loss or damage suffered as a result of your (i) use of, or inability to use, the Site; or (ii) use of or reliance on any content displayed on the Site.

All content, text and graphics on the Site, unless specified, are directed solely at those who access the Site from the United Kingdom (excluding the Channel Islands). We make no representation and will not be held liable for any use of the Site by individuals who access the Site from other locations.

Information transmitted via the Site will pass over public telecommunication networks. We make no representation or warranty that the operation of the Site will be uninterrupted or error free and we will not be liable to you if for any reason the Site is unavailable at any time or for any period or if there are any errors.

The Site may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.

Nothing in this section shall affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.

This section does not:

–   apply to our obligations under the terms of sale - please see the "Liability" section in the terms of sale for details of our liability to you in respect of the terms of sale; or

–   affect your legal rights as a consumer in respect of any of our products or services (for example, if any of our products do not match the description given to them on the Sites). For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.

TERMINATION

We reserve the right to suspend your use of the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site and/or your account with us with immediate effect if you breach any of these Terms.

GENERAL

Amendments to these Terms

We may update or amend these Terms from time to time to comply with applicable law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the Site. By continuing to use the Site or purchasing products or services from us, you agree to be bound by the terms of these updates and amendments.

Other important Terms

These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.

If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms remain in full force and effect.

Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without our prior written consent.

These Terms, the Privacy Policy and the Cookie Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.

Last updated: August 2019

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