PART 1: GENERAL TERMS AND CONDITIONS
1. INFORMATION ABOUT US
We operate the website www.thewestendbar.com (the “site”). We are JOJA Pub Company Limited a company registered in Scotland under company number SC622785 and with our registered office at 495 Glasgow Road, Blantyre, G729HP. Our VAT number is 325824794.
2. CONTACTING US
2.1 You can contact us using any of the following methods: email us at firstname.lastname@example.org, contact the team by telephone on 01698 822529. Alternatively you write to us at The West End Bar, 493 Glasgow Road, Blantyre, G72 9HP. If you use this method we will e-mail you to confirm we have received your letter.
2.2 If you are contacting us to cancel a Contract in accordance with your legal right to do so as set out in Clause 8, the easiest way to do this is to e-mail us. If you are emailing or writing please include details of your order to help us to identify it. If you send your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send the e-mail or post the letter.
2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. AGE REQUIREMENTS
4.1 You must be of the legal drinking age in your country, province or state of residence (18 years or older in the UK) to use this site and/or purchase Products.
4.2 We are not allowed by law to supply Products to you if you do not satisfy legal age requirements. If you are underage, please do not attempt to order these Products through our site and cease to use the site immediately.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time and your continued use of the site following any changes shall be deemed to be your acceptance of such change. These terms were most recently updated on 16 May 2020.
5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. If you enter into a Subscription with us, the Terms which apply to the formation of the Contract will be those in force at the time you purchase the Subscription. If the Terms change during the term of your Subscription, the new Terms will apply to your next Subscription Box delivery and thereafter. You should print a copy of these Terms or save them to your computer for future reference.
5.3 We may revise these Terms as they apply to your order (including any Subscription) from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you have a Subscription, you may cancel your Contract for the Subscription, and the cancellation will apply to the next Subscription Box you would have been entitled to receive under your Subscription. If you opt to cancel an order which is not a Subscription, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
PART 2: TERMS AND CONDITIONS RELATING TO THE SALE OF PRODUCTS
This section of the Terms will apply to any contract between us for the sale of Products to you on an individual order or a Subscription basis ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products or entering into a Subscription from our site. Please note that by placing an order for Products and/or a Subscription you automatically agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products or a Subscription from our site.
These Terms apply to you as a consumer, which is a private individual purchasing and/or entering into a subscription for goods from us. They do not apply if you are acting as a trade customer (in other words, you are a business which is purchasing or subscribing to receive goods from us, regardless of whether you are registered with us as a trade customer).
All alcoholic products purchased from us must be dispatched in plastic sealed containers. We use various plastic containers for the appropriate product. Soft drinks do not need to be delivered in sealed containers. Please note this is a legal requirement set out by the Scottish Government in March 2020. We can not send drinks out in Glass, Unsealed containers or in cans or glass bottles, even if sealed.
6. OUR PRODUCTS
6.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
6.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
6.3 The packaging of the Products may vary from that shown on images on our site.
6.4 We reserve the right to change or withdraw products and/or subscriptions offered by us and that are displayed on our site without notice.
6.5 Although we may specify a particular brand of drink we reserve the right to substitute this with a product as close to the original if we require to. This will only happen if we run out of a certain brand and have an alternative of the same colour or flavour.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 You have a legal right to cancel a Contract during the period set out below in Clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product and/or Subscription, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right may not apply in the case of personalised Products.
8.3 Your legal right to cancel a Contract starts from the date of the acknowledgment (the date on which we e-mail you to confirm our acceptance of your order for Products or a Subscription, as applicable), which is when the Contract between us is formed. Your deadline for cancelling the Contract is One Hour before your delivery time. If your product is made (as a personalised item) and you cancel before it is dispatched no refund will be given.
9.1 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are set out below and are in addition to your right of return and refund in Clause 8 above or anything else in these Terms.
9.2 If you receive a Product that is faulty or mis-described you have a legal right to reject the Product or request a repair or replacement. If you wish to reject the Product or request a replacement you will need to contact us . You have 24 hours from the date of delivery of the Product in which to contact us to reject or request a replacement to the faulty or mis-described Product.
9.3 If you have requested a replacement to a Product we will use our best efforts to complete the replacement as soon as possible and with the least inconvenience to you.
9.4 If you have returned the Products under this Clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item.
9.5 Further advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.5.1 where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
DISCOUNTS, VOUCHERS, PROMOTIONS AND GIFT VOUCHERS
13.1 Any promotions, discounts or vouchers (“Offers”) are single use only and not to be used in conjunction with any other Offer unless otherwise stated.
13.2 Offers are available only while stock lasts.
13.3 Any Offers advertised on our site can only be used on the site and cannot be used in any of our venues.
13.4 Offers (including gift vouchers and Beer Tokens) are not currently available for use in connection with Subscriptions.
13.5 We don’t offer any discounts on gift subscriptions or gift vouchers. Gift vouchers expire as set out on the voucher.
13.6 We reserve the right to withdraw or terminate any of our Offers at any time, either as a whole or for specific delivery areas or customers. If this happens, then the Offer may not be used for any orders placed after the date of withdrawal or termination.
13.7 We may from time to time run different Offers, with different terms (including amounts, types and expiry dates). We reserve the right to limit the applicability of any particular Offers to specific regions or delivery areas. Different Offers may be run simultaneously but cannot be used in combination with each other unless explicitly allowed.
13.8 We reserve the right to reject the use of an Offer where fraud or breach of these Terms is suspected.
15.1 If we fail to comply with these Terms or we act negligently, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. The maximum amount we are liable for is the cost of the Products plus any relevant delivery charges.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 fraud or fraudulent misrepresentation;
15.3.3 any other liability which we are not allowed to exclude or limit by law.
EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 16.2.
16.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in one of the ways set out in Clause 8.4. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16.5 We reserve the right to cancel an order, end a Contract, refuse to deliver a Product and inform law enforcement agencies in circumstances where we consider (acting in our absolute discretion) that you are attempting to obtain a Product using fraudulent means, to commit any other type of fraud or to otherwise break the law or breach these Terms.
16.6 References in this Clause 16 to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of the Contract. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance of the Contract (or that you have frustrated or hindered that performance), we may (though are not required to) treat the order as cancelled, end the Contract and notify you in writing.
At the point of writing these terms & conditions all information is correct and accurate. Please contact us if you wish any further information