Terms and Conditions

The Craft Beer Advent Calendar is a James Clay product. For questions relating to The Craft Beer Advent Calendar please contact marketing@jamesclay.co.uk. James Clay is the trading name of Broom House Investments Limited, registered in the UK at Calder Bank, Unit 1, River Street, Brighouse, West Yorkshire, HD6 1LU ("we", "us", or "our").

Please read these Terms and Conditions of contract and the Privacy Policy (here) carefully before you start to use this website or you order goods from us. By using our website, you indicate that you accept these Terms and Conditions and that you agree to abide by them.

If you buy goods on our website you agree to be legally bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you will not be permitted to purchase any good through this website.

We reserve the right to make changes to the website or our Terms and Conditions at any time. This does not affect your statutory rights as a consumer. We recommend that you print a copy of these Terms and Conditions and Privacy Policy for future reference.

These Terms and Conditions set out:

Summary of some of your key rights

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in our Privacy Policy (here).

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you are entitled to the following:

For a period of up to 30 days: if the goods are faulty, then you can get a refund;

For a period of up to six months: if the goods are faulty and can't be repaired or replaced, then you're entitled to a full refund, in most cases;

For a period of up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

 

Information about us

James Clay is a trading name of Broom House Investments Limited and our website is https://www.jamesclay.co.uk. We are registered in England and Wales under company number 1156457, and have our registered office and main trading address at Calder Bank, Unit 1, River Street, Brighouse, West Yorkshire, HD6 1LU. We are a limited company.

We can be contacted by:

Privacy

We are fully committed to the Data Protection Act 1998 and General Data Protection Regulation (when it comes into force), and is dedicated to the privacy of your information. Please refer to our full privacy policy by clicking here.

When you become our customer, we collect personal information to enable us to process and deliver your order. By registering your details on our website, you consent to us maintaining, recording, holding and using personal data we collect about you.

Information can also be collected to allow us to send you offers which we feel will be of particular interest to you. If you would prefer not to receive emails from us please contact us by email on: info@jamesclay.co.uk.  We will never pass on your details to a third party for marketing purposes.

We use 'cookies' placed in the browser file to help us collect general information about the behaviour of visitors on our website. This helps us to constantly monitor and improve our website's functionality and personality. If you continue to use our website we will assume that you are happy to receive non-privacy intrusive cookies. Click here for further information about how we use cookies and how to disable the cookies.

If you have any questions relating to privacy matters please refer to our full privacy policy by clicking here, or contact us by email on: info@jamesclay.co.uk.

Information about the Goods

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is contained both within these Terms and Conditions and will also be provided to you in the Confirmation and Dispatch Email (see section "Ordering Goods from Us"). If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the goods:

We are under a legal duty to supply goods that are in conformity with these Terms and Conditions of contract.

The Craft Beer Advent Calendar product contains 8 bottles and 16 cans of beers that vary in size between 33cl and 35.5cl. The beer styles include both ales and lagers with all bottles and cans being contained in one box.

Given the surprise nature of the advent calendar we have not produced a full list of all of the beers that are offered however a complete list of the beers that make up the advent calendar can be provided upon request.

We make every effort to supply the goods as shown on the website, however if we can’t supply certain beers we may need to substitute them with alternative beers of equal or better standard and value. In this case:

Ordering Goods from Us

Below, we set out how a legally binding contract between you and us is made.

You place an order on the website by clicking Buy Now on the website and proceeding to the Basket. You must confirm that you are at least 18 years old and that you have read and agree to these Terms and Conditions in order to proceed to the Check Out. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

When you place your order at the end of the online Check Out process (e.g. when you click "Complete Order"), you are making an offer to buy the relevant goods from us. We will acknowledge receipt of this offer by email ("Acknowledgement Email"). The Acknowledgment Email does not, however, mean that your order has been accepted.

We may contact you to say that we do not accept your order. This is typically for the following reasons:

We will only accept your order when we dispatch the goods to you and send you an email to confirm this ("Confirmation and Dispatch Email"). At this point, a legally binding contract will be in place between you and us.

Without affecting your right of cancellation set out below, you can withdraw your order for the goods at no cost any time before we send the Confirmation and Dispatch Email for those goods. Please contact us on the contact details provided if you wish to withdraw your offer before the goods are dispatched.

Price and Billing Information

The price that you will pay for the goods is the price that is quoted on the website at the time that you make your purchase. The price of the goods is in pounds sterling (£)(GBP) and includes VAT at the applicable rate. Any shipping costs that are applicable to your order will be calculated at checkout and added to the price of the goods at checkout if applicable. Any sales taxes applicable to the goods and any discounts will also be calculated at checkout.

We accept all major credit and debit cards, including Mastercard, Visa and American Express. For card transactions, payments are securely processed using SSL protocol via the Stripe payment gateway. Title to the goods is retained by us until payment in full is received and cleared, and until you take final delivery of the goods.

We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

If your payment is not received by us and you have already received the goods, you: must pay for such goods within 30 days; or must return them to us as soon as possible. In this case, you must keep the goods in your possession, take reasonable care of them and not use them before you return them to us. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense

Delivery

We use Diamond Logistics Limited to deliver our goods.

The estimated date for delivery of the goods is set out in the Confirmation and Dispatch email.

If something happens which is outside of our control and affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the goods.

Delivery of the goods will take place when we deliver them to the address that you gave to us.

We cannot deliver the goods if we are unable to properly identify you. Please provide our driver with a form of ID (passport or photocard driving licence). Please see the below requirement in relation to proof of age under 'Age Restrictions'.

Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will let you know, cancel your order and give you a refund.

You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

The cost of delivery within the UK is included in the quoted price.

The cost of delivery within the EU will be calculated at the checkout.

Unfortunately, we do not make deliveries to any addresses outside of the EU.

We must be made aware of any claims for non-delivery within 7 working days of your delivery date.

Age Restrictions

It is against the law to sell or supply intoxicating substances to persons under 18 years old in the UK. By placing an order you confirm that you 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 photographic ID. In the event that our courier is not satisfied that you are at least 18 years old they are not permitted to give you the goods.

Cancellation Rights

You have the right to cancel your order without giving any reason up to and including 14 calendar days from the date of delivery of your order (either to you or a person nominated by you).

To exercise your right to cancel your order you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Cancellation form

To James Clay, Calder Bank, Unit 1, River Street, Brighouse, West Yorkshire, HD6 1LU:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

 

We will refund to you the full price of the goods ordered including the initial costs of delivery paid by you  (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), minus any discounts.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (for example the bottles/cans have been opened and/or are not intact).

We will make the reimbursement without undue delay, and not later than:

If you have received the goods when you exercise your cancellation right:

Faulty Goods

A summary of your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of these Terms and Conditions. For more detailed information on your rights and what you should expect from us, please:

Nothing in this contract affects your statutory rights. You may also have other rights in law.

Please contact us using the contact details at the top of this page, if you receive faulty goods and want:

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works (including text, graphics, logos, banners, images, buttons, underlying source code and software) are protected by copyright laws and treaties around the world. All such rights are reserved.

Any use (including copying, reproduction, duplication, transmission, or display of the content of this website), without express written permission from us 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 this website for the sole purpose of placing an order with James Clay or using this website as a shopping resource for your personal reference.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged. You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

Limit on our responsibility to you

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for losses that: were not foreseeable to you and us when the contract was formed; or that were not caused by any breach on our part; business losses; and losses to non-consumers.

Customer Reviews

By writing a Customer Review, you acknowledge that any review, feedback or rating which you leave may be published by us on our website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.

You also undertake that any review, feedback or rating that you write shall:

You agree to indemnify us and will not hold us responsible for any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on our website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.

You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.

Disputes and Complaints

Any complaint is taken very seriously and we endeavour to respond to complaints as soon as possible. If you are unhappy with the goods, our service to you or any other matter, or have any questions regarding orders and general enquiries please do let us know as soon as possible by:

If you and we cannot resolve a dispute using our internal complaint handling procedure, we will

If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.

Relevant United Kingdom law will apply to this contract.

Disclaimer

We have taken every effort to ensure that the information on this website is correct, accurate and up to date. However, we take no responsibility whatsoever for information that is incomplete, inaccurate or out-of-date.

All text and graphics on this website, unless specified, are directed solely at those who access the website from the United Kingdom mainland. We make no representation or will not be held liable for any action placed upon the website by individuals from other locations.

We assume no responsibility whatsoever for any links to the Internet or other third party websites from its website. Once you activate these links you will leave this website and we will not be responsible, or liable, for the content of any other websites on the Internet to which you may visit from its website.

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

No one other than a party to this contract has any right to enforce any term of this contract.

This contract is only available in English. No other languages will apply to this contract.

Company Details

Company Secretary
Broom House Investments Limited
Calder Bank,
River Street,
Brighouse,
HD6 1LU.

Telephone: 01422 377560

Email: info@jamesclay.co.uk

If you do have any comments on the above, or you simply wish to contact us, please feel free to e-mail, call or write to us.