Terms & Conditions
Everything you need to know about our website, shop & beer delivery service
Our website, www.tempestbrewco.com is operated by Tempest Brewing Co is registered to Block 11, Units 1-2 Tweedbank Industrial Estate, Tweedbank, Scottish Borders, United Kingdom. Our company registration number is Scotland No. SC 458479.
All references to “we”, “us” and “our” shall be deemed to be references to Tempest Brewing Co. and references to “you” and “your” shall be deemed to be references to persons placing an order via this website.
The following terms and conditions apply to all use of this website. By placing an order with us you are deemed to have understood and accepted these terms and conditions. You will be required to click on the button to mark your acceptance of these Conditions before placing an Order if you accept them.
Please understand that if you refuse to accept these Conditions, you will not be able to order any products from the website. If you do not agree to be bound by these terms and conditions you should leave this website now.
We will not be liable if for any reason this website is unavailable at any time or for any period
Please note, as these may be subject to change at any time without notice, it is your responsibility to check this page prior to any use or purchase. If you have any queries regarding our terms and conditions, please contact us before using this website or place an order.
When using the Website, you accept that communication with us will be mainly by electronic means. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Placing an Order
In order to place an order with Tempest Brewing Co you must be over 18 years of age and possess a valid credit or debit card.
When placing an order, you agree that all details you provide to the website for the purpose of purchasing goods are accurate and complete in all respects.
Please check your order carefully before placing it. You have the opportunity to edit your order from the checkout page before finally confirming your order.
Your contract for purchases made through www.tempestbrewco.com is with Tempest Brewing Co and you confirm that all goods ordered by you are for your own private and domestic use only and are not for resale.
All orders are subject to product availability and acceptance by Tempest Brewing Co.
The price and availability of goods are subject to change without notice.
Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs you will be notified and requested to reconfirm your order at the altered price.
Promotional offers, vouchers and codes may not be used on sale products, or in conjunction with any other offer, unless otherwise stated.
All offers are subject to availability and may be withdrawn at any time without notice.
Any offer of free delivery is limited to a standard delivery service, to UK mainland only.
If any product from your order is unavailable, we will contact you by email and confirm details of any cancellation made where fulfilment has not been possible.
We are unable to make amendments to an order after the point of despatch. Should you wish to make any changes prior to despatch, please contact our Customer Services team on 01896-759500
You are responsible for maintaining the confidentiality of the password chosen by you when you register on the website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.
Tempest Brewing Co reserve the right to terminate our agreement with you and to suspend or terminate your access to the website immediately and without notice to you if:
- You fail to make payment to us when due.
- You breach any of our terms and conditions.
- If requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
- We suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity onwww.tempestbrewco.com
Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of products given on this Website are as accurate and complete as possible. It is intended to give a general description of each product, but there may be variations between these and the products themselves. While the colour reproduction of each product is a close representation, we cannot accept any responsibility for any variation in colour caused by the differences in browser software.
All Products are subject to availability.
Tempest Brewing Co will of course act immediately to correct any errors identified and are under no legal obligation to honour a price displayed in error.
www.tempestbrewco.com accepts most major credit and debit cards including MasterCard and Visa.
All prices displayed are inclusive of UK sales tax (VAT) at the current rate.
By placing an order via this website, you are making an offer to Tempest Brewing Co to purchase the goods detailed in your order upon the terms described, at which point we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. No charge will be applied to credit/debit cards until the point of despatch; therefore no contract for the sale of any product will exist between you and Tempest Brewing Co until we accept your order by despatching your order. You certify that the payment card you are using is your own and that there are sufficient funds in your account to cover payment of the product/s ordered. It is a crime to use a false name or a credit/debit card known to be invalid to order. Anyone caught wilfully entering an erroneous or fictitious order will have their details passed onto the Police.
All delivery time-frames stated are estimated however we will make every effort to deliver goods within these time-frames.
Deliveries to the remoter parts of Scotland and International deliveries can take longer and occasionally we may need to cancel an order if we will be unable to deliver. In these circumstances, if you have already paid we will refund you the full amount including any delivery costs as soon as possible.
Please note, for International deliveries, local import duties and charges may apply.
Returns will be accepted within 14 days from the day after you receive your order, where goods are returned in perfect condition in their original packaging with all tags attached. For full details, please see our Returns page.
Your Right to Cancel
As an EU consumer you have up to 14 days from the day after you receive your order to cancel and return goods you have ordered from us.
You can cancel your contract for sale of goods from us using our cancellation form, or alternatively by contacting our Customer Services team by phone, email or post.
- Returns to us are at your cost and you should keep evidence of having sent the items, such as a certificate of posting. In all cases the items must be in their original condition. You must return the items to us in accordance with the terms of sale. They must be returned within 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
- If you cancel your order we will reimburse you within 14 days from when we receive the goods back.
- We will reimburse all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- We may make a deduction from the reimbursement for any ‘diminished value’ of goods e.g. worn clothing.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
You agree to indemnify us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of your use of this website or out of the use of this website by any person using your account number and/or password.
We warrant to you that any product purchased from us through the website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaching this contract is strictly limited to the purchase price of the product you purchased.
To the fullest extent possible and except for the warranty set out above, we disclaim any and all warranties of any kind (whether expressed or implied) in relation to the products.
We will not be liable to you in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.
Nothing herein shall affect your statutory rights.
Nothing in these Conditions shall limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
A cookie is a small amount of data which generally includes a unique identifier that is sent to your computer, tablet or mobile phone as a small text file. They are stored by your browser on your computer’s hard drive and are widely used in order to make websites work automatically and are also used to allow us to monitor pages viewed and other marketing information to help us improve the user experience.
Our cookies do not contain any personally identifying information, but they do enable us to provide features such as personalisation and to store items in your shopping basket between visits. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that, but without cookies some functions of our website will not work effectively.
LAW AND JURISDICTION
These terms and/or your use of this website shall be governed by and construed in accordance with English law and the English Courts shall have non-exclusive jurisdiction over any dispute which may arise. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident in Scotland you may also bring proceedings in Scotland.