Website Terms & Conditions – Tollgate Brewery

Welcome to the Tollgate Brewery website terms and conditions, which apply to the use of this website at Tollgatebrewery.co.uk. By accessing this website and/or placing an order, you agree to be bound by these. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

The Tollgate Brewery website is operated by Tollgate Brewery, Unit 1, Southwood House Farm, Staunton Lane, Calke, Ashby De La Zouch, Derbyshire LE65 1RG, a company registered in England and Wales. Our company registration number is 07718418.

Telephone: +44 (0) 1283 229194

Email: online@tollgatebrewery.co.uk

Visitors to this website should also read our Privacy Policy. We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.

  1. Online Ordering

You may only order from our online shop if you are over 18 years of age. We currently deliver to mainland UK.

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. 

Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. By placing an order on the site, you confirm that the payment details provided by you are valid and that when your order is accepted and processed by us, payment will be made in full.

We may refuse to accept an order:

(a) where goods are not available;

(b) where we cannot obtain authorisation for your payment;

(c) if there has been a pricing or product description error; or

(d) if you do not meet any eligibility criteria set out in our terms and conditions. 

You must be or exceed the legal age required for the purchase of alcohol (18 years of age in the UK).

  1. General Conditions

We reserve the right to refuse anyone for any reason at any time. You can find out more about how we store and use your personal data in our Privacy Policy, which forms part of these terms & conditions.

  1. Products

Certain products (or services) may be available exclusively online through this website.

These products 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 on our website but cannot guarantee that your computer (or device) displays the colours accurately.

  1. Your Order and Shipping

Certain personal data is required to fulfil orders. We only share relevant data with necessary

third parties e.g. delivery details with the courier or payment details with PayPal. Card details are never stored. For more information, please see our Privacy Policy.

Special delivery instructions can be accommodated if given at the time of order; however, the person accepting delivery must be over 18 years of age. Orders with special instructions to be left without a signature are done so at the risk of the customer. Tollgate Brewery cannot accept liability for any losses or damage incurred to these orders.

Customers will receive a payment confirmation email and an order confirmation email from

us. We aim to process orders as quickly as possible following receipt. Occasionally, for instance during very busy times, there may a delay in processing the order. We will send an email when the order is shipped. If an item is out of stock, we will contact you to discuss your delivery and refund options. We will do our best to tell you about delivery times and final order dates. Delivery dates are an estimate and not a commitment due to delivery factors that are outside our control. If an attempted delivery is unsuccessful, and there are no special instructions, the driver will retain the order and leave a card with the customer explaining how to rearrange the delivery. If no contact is made by the customer, then the courier will return the order to us and we will arrange a refund. The courier will only attempt delivery twice before returning the order to us. If you wish to cancel your order, please contact the brewery immediately.

  1. Returns

You can return goods ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange as long as the goods are unopened and unused. The cost(s) of returning goods to us shall be borne by you. Goods must be returned in the original packaging and be received by us in an undamaged and complete condition. Where the goods are returned in a damaged or incomplete condition, we will notify you by e-mail and send photographic evidence. In that event, we reserve the right to withhold all or part of any refund in recompense for losses incurred by us. Upon receipt of the goods, we will give you a full refund of the amount paid or an exchange credit as required. 

The rights to return the goods to us as referred to will not apply in the following circumstances: – in the event that the product has been used or any products that we have made or customised specifically for you. The provisions of this clause do not affect your statutory rights.

  1. Third-Party Websites

Certain content, products and services available via our website may include materials from third-party websites. Links on this site may also direct you to third-party websites that are not affiliated with us. We are not responsible for the content or its 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. 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. Users who decide to access these sites via our links do so at their own risk.

  1. Intellectual Property

All copyright, trademarks and other intellectual property rights in respect of this website and its content (including without limitation the website design, text, graphics, any downloadable files and all software and source code connected with the website) are owned by or licensed to Tollgate Brewery. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

  1. Liability

Nothing in these terms and conditions is intended to limit or exclude any liability on the part of Tollgate Brewery Ltd for fraud or for negligence causing death or personal injury or to the extent that applicable law prohibits such exclusion or limitation. We take reasonable care to ensure the content of our site is accurate at the point at which it is created. We do not accept liability for any errors or omissions on this site or for any loss or damages arising from using this site. We do not warrant that the use of this site will be without delay or free from errors, omissions or viruses. Your use of any information or materials on this site is entirely at your own risk, for which Tollgate Brewery shall not be liable.

  1. Website visitor material and conduct

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the website (including, without limitation, by hacking).

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above clauses.

  1. Transfer of Rights

We do not permit you to assign, sub-licence or otherwise transfer your rights and obligations

in our terms and conditions to any other person.

  1. Disclaimer

We reserve the right to make changes to our terms and conditions, the content of our website or to suspend or terminate your access to this website at any time, without notice and for any reason. While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.

The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

  1. Governing Law

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

Copyright ©Tollgate Brewery Limited 2019. All rights reserved. Use of this website constitutes acceptance of our Terms and Conditions and our Privacy Policy.