1.1 These are the terms and conditions on which you sign up to a Discover Brew subscription.
1.2 Please read these terms carefully before you submit your order for a Discover Brew subscription. These terms tell you who we are, what is included in your subscription, how we will provide beers to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 We are Discoverbrew Limited a company registered in England and Wales with company registration number 11286598 and registered office at The Copper Room Deva Centre, Trinity Way, Manchester, United Kingdom, M3 7BG.
1.4 You can contact us by writing to us at email@example.com. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.5 When we use the words "writing" or "written" in these terms, this includes emails.
2.1 Your Discover Brew subscription will start when we email you to accept your order for a subscription.
2.2 Unless it is terminated earlier in accordance with these terms your subscription will continue until either party gives to the other party written notice to terminate your subscription (which can be done by you through the “Manage Subscriptions” tab in the “My Account” section of our website), provided that notice shall take effect on the last day of the calendar month in which it is given.
2.3 We will provide to you not less than six beers during each full calendar month of your subscription.
2.4 You hereby warrant that you are at least 18 years old. We reserve the right to withdraw or cancel your subscription if we have reason to suspect that you are under the age of 18 years, or if you fail to provide age verification when requested to do so.
3.1 We reserve the right to change the specific beers we deliver to you each month, and any beers that we specify as being provided are for illustrative purposes only.
3.2 The images of the beers on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your beers may vary slightly from those images.
3.3 The packaging will change each month, and may vary from that shown in images on our website.
3.4 It is your responsibility to ensure that the beers we deliver to you are not accessed or consumed by minors.
4.1 Unless stated otherwise, the costs of delivery will be included in the subscription price.
4.2 The delivery date for your beers each month may vary from month-to-month.
4.3 If the beers cannot be posted through your letterbox, an individual at your address must take delivery of the beers. That individual may be required to produce identification to prove that they are over 18, in accordance with our Challenge 25 Policy. If, on request, any individual refuses or is unable to produce legitimate identification to prove that they are over the age of 18, we reserve the right to refuse delivery at that time. In this context, the only acceptable forms of identification shall be photographic driving licences, passports, HM forces cards or a form of identification with the ‘PASS’ hologram.
4.4 If the beers cannot be posted through your letterbox and no one is available at your address to take delivery or no one who can prove that they are over the age of 18 is available to take delivery we will leave you a note informing you of how to rearrange delivery or collect the beers from a local depot. When making collection you may be required to produce identification which demonstrates that you are over the age of 18, in accordance with our Challenge 25 Policy.
4.5 If our supply of the beers is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any beers you have paid for but not received, subject to the fact that we are entitled to charge you for any costs which we have incurred (including delivery and storage charges).
4.6 If, after a failed delivery to you, you do not re-arrange delivery or collect the beers from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may (at our option) end your subscription and your entitlement to the beers in question and you will not be entitled to any refund of the subscription fee paid for that month.
4.7 The beers will be your responsibility from the time we deliver them to the address you gave us.
4.8 You own the beers once they have been delivered to you and we have received payment in full.
4.9 We may need certain information from you so that we can supply the beers to you, for example age verification or allergy details. If you do not give us this information when we ask for it for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the beers late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.10 We may have to suspend the supply of a beer to:
(a) deal with technical problems or make minor technical changes; or
(b) update the beers to reflect changes in relevant laws and regulatory requirements.
4.11 We will contact you in advance to tell you we will be suspending your subscription, unless the problem is urgent or an emergency. If we have to suspend the subscription, we will not charge you for the period of suspension. You may contact us to end your subscription if we suspend it for a period of more than two consecutive months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
4.12 If you do not pay us for your subscription when you have agreed to (see clause 8.3), we may (at our option) terminate your subscription immediately, or suspend your subscription until you have paid us the outstanding amounts.
4.13 If you are not completely satisfied with any delivery of beers, then you are entitled to reject and return the whole delivery to us within 14 days of delivery. Provided you return the full delivery to us in saleable and undamaged condition, we will refund your payment for that specific delivery within 30 days of us receiving the beers back to us.
5.1 You are entitled to cancel your subscription and receive a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
5.2 The cooling-off period set out in clause 5.1 above runs for 14 days from the day you receive your first instalment of beers from us.
5.3 You do not have a right to cancel in respect of:
(a) beers that have been unsealed after you receive them; or
(b) any beers which become mixed inseparably with other items after their delivery.
5.4 If you are exercising your right to cancel:
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the beers, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
5.5 To exercise your right to cancel, please let us know by doing one of the following:
(a) email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address; or
(b) print off the Cancellation Form and post it to us at the address on the form or email it to us at email@example.com. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
5.6 If you end the contract during the cooling-off period after your beers have been dispatched to you or you have received them, you must return them to us. You must either return the beers in person to where you bought them, post them back to us at [ADDRESS] or (if they are not suitable for posting) allow us to collect them from you. Please email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the beers within 14 days of telling us you wish to end the subscription.
5.7 We will refund you by the method you used for payment. However, we may make deductions from the price, as described below.
6.1 We may end your subscription at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the beers, for example any age verification or allergy information;
(c) we have reason to suspect that you are less than 18 years of age; or
(d) you do not, within a reasonable time, allow us to deliver the beers to you or collect them from us.
7.1 We are under a legal duty to supply beers that are in conformity with this contract. Nothing in these terms will affect your legal rights.
7.2 If you wish to reject any beers then you must reject and return the delivery as a whole, not individual beers within a delivery. In such circumstances you will receive a full refund for that delivery.
7.3 If you wish to exercise your legal rights to reject any beers that we deliver because they are defective you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at email@example.com for a return label or to arrange collection.
8.1 The price of the subscription (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the subscription advised to you is correct. However, please see clause 8.3 for what happens if we discover an error in the price of the subscription you order.
8.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
8.3 We accept payment by way of monthly credit card payment in advance. You must pay your subscription for each month before we dispatch the beers for that month.
9.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage 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.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including for liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the beers.
11.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.5 These terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of England.
11.6 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter or formation.