Terms and conditions


THANK YOU FOR CHOOSING TO BUY FROM OUR WEBSITE, WWW.BEARTOWNBREWERY.CO.UK (the “Site”)

BEFORE COMPLETING YOUR PURCHASE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. AN ORDER CANNOT BE PLACED UNLESS YOU HAVE CONFIRMED TO US THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS.

If you have any queries in connection with these Terms and Conditions you can contact us via the Contact Us page and we will aim to respond to your query within 48 hours, though please be aware it may take us slightly longer during busier periods.

(Beartown Brewery is an operating brand, owned by the Manning Brewers Ltd, and where referenced Manning Brewers Ltd, this covers, Beartown Brewery products, and all other owned brands.)

1. Status of these Terms and Conditions

a) Please be aware that these Terms and Conditions apply to all sales of beers, spirits, wines, champagnes, ciders and any other products (collectively “Manning Brewers ltd Products”) sold or supplied to you (“you” or “the Customer”) through the Site by  Manning Brewers ltd, a company registered in England and Wales (company number 08626869, VAT registration number GB 225 762406 ) whose registered address Bromley house, Spindle street, Congleton cheshire, CW12 1QN (“ Manning Brewers ltd  ”, “we” or “us”). These Terms and Conditions also apply to  Manning Brewers ltd  Products made available and/or advertised on the Site from time to time.

b) You are responsible for reviewing these Terms and Conditions before you place your order for  Manning Brewers ltd Products. Before your order can be placed you will be asked to confirm that you have read and understood these Terms and Conditions. If you tick the box next to the statement to provide such confirmation we shall be entitled to rely on that confirmation.

c) We advise you to keep a copy of these Terms and Conditions for your records when you place the order.

2. Manning Brewers ltd Products – Details, availability and prices

a) We work hard to ensure that all details provided on our Site are correct, accurate and up to date. However, due to the number of Manning Brewers ltd Products featured on the Site, from time to time there may be errors. Manning Brewers ltd takes no responsibility whatsoever for information that is incomplete, inaccurate or out of date.

b) Where we have mistakenly advertised a  Manning Brewers Product at a price which is lower than the correct price, we shall not be liable to provide that Manning Brewers ltd Product at the advertised price. In these circumstances we will notify you before the relevant  Manning Brewers ltd Products are dispatched and we will be entitled to cancel your order provided we refund your payment to the credit or debit card you used when placing the order. Where you have over-paid we will refund the full difference.

c) All  Manning Brewers ltd Products are advertised and made available on the Site subject to availability. On rare occasions a  Manning Brewers ltd Product may appear available on the Site but we are out of stock. As we are an independent microbrewery certain  Manning Brewers ltd Products may become unavailable from time to time. There may also be instances where we have just sold out of the last bottle before you place your order and our system has not yet updated itself to show the item as being out-of-stock. If you have ordered a mixture of  Manning Brewers ltd Products and some of them are unavailable, in order to get your order to you as quickly as possible, we may change some of the bottles and provide you with a replacement (“Replacement Bottles”). However, we will only ever send you a Replacement Bottle which we deem to be is of a similar style and standard and which is the same or a higher value as the unavailable  Manning Brewers ltd Product in your order and we will never replace more than 3 bottles. If, due to the stock availability, it would be necessary to change more than 3 bottles we will contact you and give you the opportunity to cancel your order in respect of the unavailable Manning Brewers ltd Products or wait until they are back in stock to receive them. If, upon receipt, you don’t like the Replacement Bottles we have chosen for you, please refer to sections 9B and 10B below to arrange a return and refund. If we are unable to supply a certain Manning Brewers ltd Product and we do not provide a substitute our only liability will be to refund or not charge you for the out of stock items.

d) All prices are quoted in pounds sterling, and are per bottle unless otherwise indicated. The prices include Value Added Tax unless otherwise specified. Any delivery charges are additional and will be notified to you before you place your order.

e) We reserve the right to change our prices and/or to terminate any special offer at any time, without notice. Please check our Site for current prices.

f) Details of minimum and maximum order limits will be shown on the Site and may be amended by us at any time.

3. Your order and our contract

a) By placing your order on our Site you are offering to buy the Manning Brewers ltd Products in your order from us.

b) Following receipt of your order we will send you an order confirmation to confirm receipt of your order, which will include details of the  Manning Brewers ltd Products you have ordered. You will need to bring any errors in your order confirmation to our attention as soon as possible to ensure this can be rectified. Please email us at sales@beartownbrewery.co.uk to notify us of the errors. A delayed notification may be too late to change your order before delivery.

c) Your offer is not accepted and the contract is not formed between you and us (the “Contract”) until we despatch the  Manning Brewers ltd Products to you. At any point up until then, we may decline to supply the Manning Brewers ltd Products to you without giving any reason and our only liability to you will be to refund any payments which may have been taken.

d) If we are unable to accept your order for any reason, such as the Manning Brewers ltd Products you ordered being out of stock (subject to sections 2c and 9Ba), or having been under-priced on the Site, or where the order exceeds the maximum permitted order for that Manning Brewers ltd Product we will notify you by email at the email address you have provided and we will either refund any payments which may have been taken from you or not take such payments, in each case, in respect of the relevant  Manning Brewers ltd Products.

4. Age restrictions

a) We do not (and by law we cannot) sell Manning Brewers ltd Products to anyone who is not 18 years old or over. By placing an order and using our Site you confirm that you are at least 18 years old.

b) If you are buying  Manning Brewers ltd Products on behalf of another person or to give or send as a gift to another person, by placing the order you confirm that such person is also at least 18 years old and it is your responsibility to ensure this is correct.

c) We operate a Challenge 21 policy which means that if you, as a recipient of  Manning Brewers ltd Products, are lucky enough to appear under 21 you can expect to be asked by our couriers to provide an acceptable form of ID (which will usually be a drivers’ licence or passport) to prove that you are 18 years or older. You will also need to show your ID if collecting from the Post Office. Our couriers will not leave Manning Brewers ltd Products with any recipient who is unable to produce satisfactory ID when requested. Similarly, the Post Office will not release Manning Brewers ltd Products to anyone who cannot provide such ID. In these circumstances, we will contact you to rearrange delivery in accordance with these Terms and Conditions. However, if the person who was unable to provide satisfactory ID is the person who placed the order we will cancel the order and our only liability to you will be to refund the purchase price of the Manning Brewers ltd Products. As delivery will have been attempted we will not refund the delivery fee.

5. Payment

a) We accept payment by Visa, MasterCard, Amex, and ApplePay. Credit and debit cards will be debited in pounds sterling.

b) All payments are taken in full when you place your order. Payments will only be refunded in accordance with these Terms and Conditions. See sections 2, 3c and 3d, 5d, 9, 10 and 12 for further details.

c) Invoices will be included within your case of Manning Brewers ltd Products when they are delivered. In the unlikely event that you have not received an invoice with your delivery and you require one please contact us via the contact page quoting your reference number.

d) We have a right to refuse to accept or to cancel any order where we suspect that the payment method being used to place the order is being used fraudulently or is the subject of theft or any other unauthorised use.

6. Delivery

a) We deliver to addresses in England, Scotland, Wales, Scottish Highlands and Scottish Islands, Isle of Man, and Northern Ireland.

b) Delivery is charged at £4.99 per transaction for all deliveries. We reserve the right to change these delivery costs at our discretion, please check the Site for further details.

c) We deliver between 8a.m. and 6p.m., Monday-Friday excluding Bank Holidays. Your order should arrive with you as follows:-

Please note that there may be delays to these times during busy order periods such as Christmas. Please check the website for the date on which last orders may be placed to be received for Christmas.

d) We are unable to confirm the exact time that your delivery will arrive with you. However, once your order has left our warehouse you will receive an email or SMS from our couriers to notify you that the order is on its way. This email will contain a tracking code allowing you to track the progress of your parcel on www.parcelforce.com. This will be followed by a first text message from our couriers on the day of delivery which will give you the opportunity to change your delivery date or to request that your delivery be left with a neighbour or at the local Post Office. Please note that the local Post Office may not be the one nearest to your address but will be a Post Office local to your address which has the capacity to take receipt of the delivery. Please note that you cannot specify a particular neighbour using this process. You will receive a second text message from our courier who will advise you of the estimated delivery time.

e) If you are not at home when our couriers attempt to deliver your order and you have not left instructions for us to leave the order with an authorised person at your property, or with a neighbour or at the local Post Office, provided our couriers are able to access your mailbox, they will leave a card to let you know that they have tried to make the delivery with instructions of what to do next. It will be your responsibility to follow the instructions on the card within the time given on the card to arrange redelivery. If our couriers are unable to access your mailbox either because you are not at home or because a neighbour is not at home and access to your mailbox is not possible from the front door the couriers will not leave a card and you will need to contact them to arrange redelivery. If you are unable to make progress with them to arrange redelivery you should contact us via our Contact Us page. If you fail to contact our couriers within the time given on the card or within a reasonable time following the initial delivery date where our couriers are unable to leave a card and Manning Brewers ltd incurs charges, costs, expenses, losses or liabilities (“Charges”) for storage, redelivery or return back to our warehouse we shall have a right to collect those Charges from you.

f) If you give us instructions to leave your delivery with an authorised person at your property, with a neighbour or at the Post Office, provided our couriers have left the delivery in the place where you have instructed us to leave it, neither we nor our couriers shall have any liability whatsoever for any subsequent damage, loss or theft which occurs to the Manning Brewers ltd Products after they have been left in the designated location. Please note that if you live in a property which contains a number of units and you do not, when placing your order on the Site, specify a particular neighbour with whom to leave your parcel but instead request the parcel be left with a neighbour in response to the text message you receive from our couriers, the couriers may leave the parcel with any neighbour in your property who grants them access to the property and any such delivery is left at your risk. It is your responsibility when requesting that your parcel be left with a neighbour to ensure that such neighbour will be at home and available to take collection of the delivery.

g) Neither we nor our couriers accept any responsibility for loss or damages suffered as a result of deliveries not being made by the estimated delivery time for reasons which are beyond our reasonable control, including, without limitation, traffic delays.

h) We do not accept any responsibility for loss or damages which arises from deliveries not being made because you have provided incorrect or inaccurate address details, email address and/or phone number which prevents our couriers from contacting you. We shall be entitled to recover any Charges levied upon us by our courier company as a result of such incorrect or inaccurate details being provided.

i) Where your delivery address is a property which contains a number of units (e.g. an apartment block, offices), we cannot guarantee that our couriers will deliver to the front door or individual entrance of your unit. It is at each individual courier’s discretion as to whether or not s/he will bring the delivery directly to your front door where you are in a building which is comprised of several units. For example s/he may not bring the delivery up several flights of stairs in the absence of a lift and may not be able to carry it from the main entrance to your front door/the lift. If our courier is unable to bring the package to your front door s/he will leave a card to notify you of the attempted delivery and it will be your responsibility to follow the instructions on the card in accordance with section 6e above.

7. Ownership

Title to all  Manning Brewers ltd Products shall remain under  Manning Brewers ltd’s ownership and shall pass to the Customer on delivery, provided we have processed and received payment in full.  Manning Brewers ltd Products shall become your responsibility from the time our couriers deliver the goods to you or leave them in the designated location notified by you to our couriers (e.g. at your property with an authorised person, with a neighbour, at the Post Office).

8. Inspection of Manning Brewers ltd Products

a) You should inspect your order as soon as possible following delivery and notify us within 14 days of delivery of breakages or shortages quoting your order number. We are unable to guarantee replacements unless we are notified within this period.

b) Please note that our bottles are packaged in cases for up to 12 bottles. Therefore, where you have placed an order for more than 12 bottles, there is a chance they may be delivered separately. In the unlikely event that you do not receive your subsequent orders within 3 working days after the first delivery, please contact us at sales@beartownbrewery.co.uk

9. Refund and Cancellation Claims

We hope that you enjoy the  Manning Brewers ltd Products as much as we do and we are committed to ensuring that you are fully satisfied with every bottle which you purchase from us. However, we understand that from time to time, despite the best efforts of our couriers and brewers there may be unforeseen problems or you may be dissatisfied with your order. Therefore, we are able to offer a refund in the following circumstances.

Please note it is important that you follow the Returns and Refund Process set out in section 10 in order to receive a refund. Failure to comply with the process could result in the refund being delayed or withdrawn.

Nothing in sections 9 or 10 affect or are intended to affect your statutory rights.

A. Breakages/Shortages/Faulty  Manning Brewers ltd Products (“Defective Goods”)

a) In the event of a breakage or shortage of your Manning Brewers ltd Products please notify us in accordance with section 8a. In the event of any other fault with your  Manning Brewers ltd Product please notify us by emailing sales@beartownbrewery.co.uk as soon as possible and no later than 28 days after delivery, quoting your order number. We may not be able to offer a refund if faults are brought to our attention after the specified times.

b) Once we have received your notification, we will give you a reference number and, where we request you to return the Defective Goods, we will arrange for the Defective Goods to be collected from you. In order for the refund to be processed you must follow the Return and Refund Process in section 10. Failure to adhere to this process could result in the refund being refused.

c) In respect of broken  Manning Brewers ltd Products or where an order is short of the correct number of Manning Brewers ltd Products which you have ordered subject to your compliance with the Refunds and Returns policy set out in section 10 in accordance with the relevant timeframes we will either provide a refund in respect of the Defective Goods or provide replacement bottles of the same  Manning Brewers ltd Products which you ordered (at your discretion).

d) On the return of the faulty Defective Goods (if we require them to be returned) the bottle will be tested (where appropriate) by our development team.

e) Please note that our beers are sold to be drunk fresh (unless otherwise indicated). All our beers will show a ‘bottled on’ date and a best before date Please adhere to any storage instructions that may be printed on the bottles label. If a beer has been kept too long or stored at an inappropriate temperature we may not be able to offer a refund.

f) Please note that sediment at the bottom of a bottle is a naturally occurring substance which will arise during the fermentation process. Refunds will not be offered as a result of sediment being found in our beer.

g) Where you have bought a mixture of Manning Brewers ltd Products the refund under this Section 9A will only be provided in respect of the Defective Goods and not the full case. Where you request replacement bottles for your Defective Goods we will not refund the original delivery fee in respect of Defective Goods but we will send your replacement bottles free of charge. Should you request a refund for Defective Goods which we agree are broken or faulty or there was a shortage we shall only refund the original delivery costs if a majority of the  Manning Brewers ltd Products in your order were Defective Goods as agreed by us.

B. Unwanted Goods and Unwanted Replacement Bottles

a) As noted in section 2c, where we are unable to provide you with an order due to stock being unavailable we may provide you with up to 3 Replacement Bottles which we deem to be of a similar style and standard and which are of an equal or higher price than the unavailable  Manning Brewers ltd Products in your order.

b) We believe that you will thoroughly enjoy all of the  Manning Brewers ltd Products. However, if you buy any of our products and, there is no breakage, shortage or fault nor are they Replacement Bottles and you simply do not like them or want them, you can still cancel your order in respect of those unwanted Manning Brewers ltd Products (“Unwanted Goods”). Should you wish to return Unwanted Goods or Replacement Bottles (“Unwanted Replacement Bottles”) you must notify us by emailing sales@beartownbrewery.co.uk quoting your order number within 7 working days after delivery for Unwanted Good(s) or within 14 working days after delivery for Unwanted Replacement Bottles.

c) In order for the refund to be processed you must follow the Return and Refund Process in section 10. Failure to adhere to this process could result in the refund being refused.

d) Where you have bought more than one bottle of an Unwanted Good or we have supplied more than one of the same Unwanted Replacement Bottles, a refund will not be available if more than one of the bottles of the Unwanted Goods and/or Unwanted Replacement Bottles has been opened (unless they are Defective Goods and a refund claim is validly made in accordance with section 9A). Where you have bought a mixture of  Manning Brewers ltd Products the refund will only be provided in respect of the Unwanted Goods and/or Unwanted Replacement Bottles and not the full case unless it is all unwanted. Original delivery costs will not be refunded for Unwanted Goods or for Unwanted Replacement Bottles.

C. Stolen Goods

We are unable to offer a refund where you give us instructions to leave your delivery with an authorised person, a neighbour or with the Post Office and our couriers leave your delivery at such location or with such person. Any such deliveries are left at the Customer’s risk.

D. Gifts

We are only able to accept returns and issue refunds in respect of  Manning Brewers ltd Products which have been bought as gifts where it is sought by the purchaser. In the interests of data protection we are unable to deal with the recipient or offer a refund direct to the recipient. Please read sections 9 and 10 and follow the applicable process when seeking to return a gift.

10. Return and Refund Process

a) As noted in section 9 it is essential that you notify us by emailing sales@beartownbrewery.co.uk quoting your order number if you wish to claim a refund, replacement or return any goods to us within the timeframes set out in section 9. We will be unable to process your refund or request for replacements unless you contact us in advance within the timeframes set out in these Terms and Conditions.

b) Once we have received your email we will allocate you with a reference number. Please quote this reference number in all future correspondence with us relating to your claim.

c) Please do not attempt to return goods to us unless otherwise advised to do so in writing by us. We will collect all Manning Brewers ltd Products from you in accordance with the provisions below.

A. Returns of Defective Goods

a) Once we have received your notification relating to Defective Goods and issued you with a reference number, if we request you to return the Defective Goods, we will arrange for the Defective Goods to be collected and we will liaise with you to arrange the collection.

b) We will send to you a label by email to be used when returning the Defective Goods and, by post or with our courier, a secure stopper for your opened Manning Brewers ltd Products and new packaging (in the case of the stopper and packaging, where applicable).

c) It is your responsibility when returning Defective Goods to ensure that:-

Our couriers may refuse to collect the Defective Goods if they are not suitably packaged.

d) Please ensure that only the Defective Goods referenced in your notification are returned.

e) Alternatively, we may ask you to email us a photograph of the Defective Goods and any refund or replacement will be subject to you providing such photograph.

f) Subject to section 9A above, any refund or replacement will be processed as soon as possible, usually within a week but no later than 30 days after we receive the Defective Goods and provided you have complied with this section 10A when returning the Defective Goods.

B. Returns of Unwanted Goods

a) Once we have received your notification relating to Unwanted Goods and issued you with a reference number, if we request you to return the Unwanted Goods, we will give you instructions of how to return the Unwanted Goods, which will either be through the post office or our couriers. A charge of £10 will apply for each collection and must be paid in advance before the collection can be arranged. Where you are sending via the post office, you will be responsible for the costs of all postage.

b) We will send to you in the post or with our courier (as we shall advise you), a label to be used when returning the Unwanted Goods and (where applicable) new packaging.

c) It is your responsibility when returning Unwanted Goods to ensure that they:-

d) Please ensure that only the Unwanted Goods referenced in your notification are returned.

e) Any refund will be processed as soon as possible, usually within a week but no later than 30 days after we receive the Unwanted Goods provided you have complied with section 9B and this section 10B when returning them.

C. Returns of Unwanted Replacement Bottles

a) Once we have received your notification relating to Unwanted Replacement Bottles and issued you with a reference number, if we request you to return the Unwanted Replacement Bottles, we will arrange for the Unwanted Replacement Bottles to be collected and we will liaise with you to arrange the collection.

b) We will send to you by email or by post or with our courier (as we shall advise you), a label to be used when returning the Unwanted Replacement Bottles and (where applicable) new packaging.

c) It is your responsibility when returning Unwanted Replacement Bottles to ensure that:-

• the Unwanted Replacement Bottles are returned in a good condition;

• the Unwanted Replacement Bottles are available for collection when our couriers arrive at your address;

• the Unwanted Replacement Bottles are returned in the same packaging in which they were delivered or packaging of equal quality and that the package is clearly and visibly labelled with the label which we provide. If the original packaging has become damaged or has been weakened please contact us and use the replacement packaging which we shall provide.

Our couriers may refuse to collect the Unwanted Replacement Bottles if they are not suitably packaged.

d) Please ensure that only the Unwanted Replacement Bottles referenced in your notification are returned.

e) Subject to section 9B above, any refund or replacement will be processed as soon as possible, usually within a week but no later than 30 days after we receive the Unwanted Replacement Bottles and provided you have complied with this section 10C when returning the Unwanted Replacement Bottles.

11. Other Terms

Please note that our Terms and Conditions of Use apply to use of the Site and any purchases made on the Site.

12. Termination

a) In addition to the termination rights set out elsewhere in these Terms and Conditions, we reserve the right to cancel your account if we suspect that you are behaving fraudulently or abusing the Site, any offers on the Site or any of our refund policies.

13. Warranties and Limitations on Liability

a) We warrant that the  Manning Brewers ltd Products will be of satisfactory quality and fit for their general purpose. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

b) Nothing in these Terms and Conditions shall preclude  Manning Brewers ltd liability for death or personal injury caused by its negligence, for fraud or for any other liability which cannot be excluded by law.

c) We advise that you take all necessary precautions when handling and consuming  Manning Brewers ltd Products. All  Manning Brewers ltd Products contain alcohol which should be consumed in moderation. Other hazards to be aware of are as follows:-

d) We will not be responsible for any loss, damage, costs, claims or expenses which arise as a result of the way in which you handle the Manning Brewers ltd Products, including, without limitation, any spillages, breakages, damage to your property or that of other people or damage caused to the  Manning Brewers ltd Products because of the manner in which they are stored.

e) You agree that we shall not be liable to you for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Contract and/or our obligations under these Terms and Conditions including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.

f) We will not be liable for any loss, damage, costs, claims or expenses:-

g) Our maximum liability to you whether in contract, tort, under statute or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with the performance of our obligations under the Contract in respect of any one or more incidents or occurrences shall be limited to the cost of the order (excluding delivery costs) under such Contract

14. General

a)  Manning Brewers ltd may amend these Terms and Conditions at any time without notice by posting the revised Terms and Conditions on this website with the date on which they were posted.

b) To the fullest extent permissible in law,  Manning Brewers ltd shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that your rights are not adversely affected.

c) If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms and Conditions valid or enforceable.

d) If  Manning Brewers ltd delays or fails to enforce any of these Terms and Conditions it shall not mean that  Manning Brewers ltd has waived its right to do so.

e) These Terms and Conditions together with your order confirmation constitute the entire agreement between the parties in connection with the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between you and us relating to the subject matter of these Terms and Conditions.

f) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.