Terms of Sale
1.1 These terms and conditions, together with the other documents linked in these terms and conditions, apply to Your purchase of any Products from Us on Our Website.
1.2 We are Mark Anthony Brands International Unlimited Company, a company registered at Companies Registration Office, Ireland. Our registered office is 4th Floor, Donnybrook House, 36 – 42, Donnybrook Road, Dublin D04 WN49 and our registered number is 625558. Our VAT number is 343275212. Mark Anthony Brands (UK) Limited is our appointed marketing and distribution entity. Its registered office is Bastion House, 6th Floor, 140 London Wall, London EC2 YDN and its registered number is 12467589.
1.3 If You choose to purchase Our Products from other retailers' websites (which may or may not be linked from Our Website), these terms and conditions will not apply.
1.4 Please read these terms and conditions and the documents linked in these terms and conditions carefully. You will need to accept these terms and conditions before We will accept Your order.
1.5 We have tried to make these terms and conditions easy to understand but We do understand that You may feel uncertain about some sections when You read them. Our staff are here to help and will be more than happy to assist You with any query You may have.
1.6 If You have a query about these terms and conditions or do not accept them, please contact Us:
- Email: firstname.lastname@example.org
- Postal address: 4th Floor, Donnybrook House, 36-42 Donnybrook Road, Dublin D04 WN59, Ireland;
- Website: https://uk.whiteclaw.com/.
1.7 If You do not accept these terms and conditions, You should not order any Products from Us.
1.8 Please note that We revise these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time a contract is formed between You and Us.
1.9 A copy of these terms and conditions and all other documents which apply to Your purchase of a product are available for You to read on Our Website. You may wish to print and save a copy of these for your future reference.
1.10 Please also refer to our general terms and conditions for use of our website, which can be found here.
1.11 If You would like this Contract in another format (for example: audio, large print, braille) please contact Us using the contact details in Clause 1.5 above.
2. DEFINITIONS AND INTERPRETATION
2.1 To make these terms and conditions easy to read We have defined some of the words. If a word begins with a capital letter then this means that the word has been defined. A list of the defined words is set out below:
Acknowledgement Email: an acknowledgement email that we send to you after You have submitted Your Order Form.
Confirmatory Email: an email will send You to confirm that We have accepted Your order for Products.
Contract: any contract between You and Us for the sale and purchase of Products incorporating these terms and conditions.
Order Form: the online order form you complete on our Website specifying the Product(s) which You require.
Products: beverages which are available for purchase on the Website from time to time.
We / Our / Us: Mark Anthony Brands International Unlimited Company, a company which is registered at Companies Registration Office, Ireland and whose registered office is at 4th Floor, Donnybrook House, 36-42 Donnybrook Road, Dublin D04 WN59, Ireland. Our VAT number is 343275212.
You / Your: you as Our customer.
3. OUR PRODUCTS
3.1 The images of Our Products on Our Website are for illustrative purposes only.
3.2 The Product information contained on Our Website has been published in good faith and We will do Our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond Our control. Where information is incorrect due to an error or circumstances beyond Our control, We reserve the right not to accept Your order for the affected Products, or if Your order has already been accepted, not to supply the affected Products to You. We will notify You if this is the case and will not charge You for the Product.
4. PLACING AN ORDER
4.1 This section sets out how a legally binding contract will be formed between You and Us.
4.2 You have to be aged eighteen (18) or more to buy Products on Our Website. You must truthfully declare Your age when You enter Our Website.
4.3 Please note that we can only deliver Products to areas that we deliver to in England, Wales and Scotland as set out in our Shipping Policy, which can be found here.
Completing the Order Form
4.4 To purchase Products on Our Website You will need to fill in and then submit the online Order Form specifying the Product(s) which You require. You submit the Order Form by clicking on the ‘pay now’ button.
4.5 You should check the Order Form carefully before submitting it. In particular, You must ensure that You have filled in Your personal details on the Order Form correctly (especially Your email address and the delivery address and the Product(s) which You require) otherwise We will not be able to confirm Your order or send the correct Product(s) to You. If You need to correct any errors, You can do so before submitting the Order Form to Us.
Acceptance of an Order
4.6 Once You have submitted Your Order Form, We will send you an Acknowledgement Email. This does not mean that We have accepted Your order.
4.7 Our Acknowledgement Email will include certain key information (Order Summary, Customer information) which We are required to send to You before a legally binding contract is formed between You and Us. The key information is important as it will form part of the Contract. We cannot change that key information once a legally binding contract has been formed unless You agree to it.
4.8 We will contact You if Your order has not been accepted. This will usually be because:
- (a) the Products are unavailable;
- (b) We cannot authorise Your payment;
- (c) You are not allowed to buy the Products from Us;
- (d) We are not allowed to sell the Products to You, for example You are not 18 years of age or over;
- (e) You have asked for delivery outside of areas we deliver to; or
- (f) there has been a mistake on the pricing or description of the Products.
4.9 We will send You a Confirmatory Email as soon as possible to confirm when We have accepted Your order. The Confirmatory Email will include Your order number, tracking reference and contact details and will refer to these terms and conditions.
4.10 Once We have sent the Confirmatory Email to You a legally binding contract will be formed between You and Us and We will be required to send the Products to You.
4.11 Please note, You do have the right to cancel the Contract and We have set out how You can do that in Clause 8 (Cancellations) below.
5.1 We use the carrier(s) specified in our Shipping Policy (which can be found here) to deliver Our Products. You can see the delivery options which are available to You on Our uk.whiteclaw.com page on Our Website. You will be asked to select Your preferred delivery option when You complete the Order Form.
5.2 Our Confirmatory Email will tell You:
- (a) the delivery option You have selected e.g. standard delivery;
- (b) the estimated day on which We will aim to deliver the Products to You.
5.3 If something happens which:
- (a) is outside of Our control; and
- (b) affects the estimated date of delivery;
We will give You a revised estimated date for delivery of the Products.
5.4 Delivery of the Products will take place when We deliver them to the address that You stated in the Order Form.
5.5 Unless You and We agree otherwise, if We cannot deliver the Products within 30 days of sending you the Confirmatory Email, We will:
- (a) let You know;
- (b) cancel Your order; and
- (c) give You a refund.
5.6 If nobody is available to take delivery, please contact Us using the contact details in Clause 1.5 above.
5.7 You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to You when You take possession of the Products.
5.8 We do not make deliveries to any addresses outside of the areas we deliver to in England, Wales and Scotland as set out in our Shipping Policy, which can be found here .
6. PRICE AND PAYMENT
6.1 The price of the Products
(a) Is the price indicated on the order pages when You submitted Your Order Form;
(b) is in pounds sterling (£)(GBP);
(c) includes VAT at the applicable rate; and
(d) does not include the cost of delivering the Products (if You want to see our delivery options and costs, visit the uk.whiteclaw.com page on the Website).6.2 We take all reasonable care to ensure that the price of the Product advised to You is correct. However, it is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the Product's correct price at Your order date is:
(a) less than Our stated price at Your order date, We will charge the lower amount; or
(b) higher than Our stated price at Your order date, We will contact You for Your instructions before We accept Your order.
6.3 If We accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the Contract, refund You any sums You have paid and require the return of any Products provided to You.
6.4 If the rate of VAT changes between Your order date and the date We supply the Product, We will adjust the rate of VAT that You pay, unless You have already paid for the Product in full before the change in the rate of VAT takes effect.
6.5 We accept the credit cards, debit cards and payment methods specified on the Order Form page of our website. We do not accept cash.
6.6 We will do all that We reasonably can to ensure that all of the information You give Us when paying for the Products 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.
6.7 Your credit card or debit card or other permitted form of payment will only be charged when the Products are dispatched.
6.8 All payments by credit card or debit card or other permitted payment methods need to be authorised by the relevant card issuer or payment provider. We may also need to use extra security steps, including, for example via:
6.9 If Your payment is not received by Us and You have already received the Products, You:
6.10 If You do not return any Products (such as where You have not paid for them) We may collect the Products from You at Your expense. We will try to contact You to let You know if We intend to do this.
6.11 Nothing in this clause affects Your legal rights to cancel the Contract during the 'cooling off' period under Clause 8 (Cancellations).
7. WARRANTY AND FAULTY PRODUCTS
7.1 By law, We are required to supply goods which are as described by Us, fit for purpose and of satisfactory quality. We have given You certain promises about the Products in Clause 7.2 below.
7.2 We warrant that the Products:
(a) conform to the description of the Products advertised on the Website;
(b) are of satisfactory quality, free from defects in materials and workmanship and fit for their intended purpose;
(c) are free from design and other inherent defects;
(d) comply with all relevant legislation in England, Wales and Scotland;
(e) do not infringe the intellectual property rights of any third party; and
(f) are properly labelled, packaged, marked and described in accordance with the order and will be properly packed and secured in such a manner so they reach their destination undamaged and in good condition.
7.3 Please contact Us using the contact details at Clause 1.5, if You find that the Products do not meet the promises made in Clause 7.2 below and You want:
(a) Us to replace the Products;
(b) a price reduction; or
(c) to reject the Products and get a refund.
7.4 For more detailed information on Your rights and what You should expect from Us, You can visit the Citizens Advice website www.citizensadvice.uk or call 03454 040506.
8.1 If You are a consumer (i.e. not buying the Product(s) in the course of Your business, trade or profession), then You may cancel Your order for the Products within 14 days without giving any reason.
8.2 The cancellation period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the Products.
8.3 To exercise Your right of cancellation, You must:
(a) inform Us (at the address set out in Clause 1.5 of these terms and conditions) of Your decision to cancel the order by a clear statement (e.g. a letter sent by post or email). You may use the model cancellation form attached to these terms and conditions (but it is not obligatory).
(b) You may also electronically fill in and submit the cancellation form on the Website. If You use this option, We will acknowledge receipt of such a cancellation by email without delay.
(c) if You have received the Products relating to the order You wish to cancel, return those Product(s) to Us at the address stated on the delivery note provided with the Product(s) without undue delay and in any event within 14 days from the day on which You communicate Your cancellation to Us. The deadline is met if You return the Products before the 14 day period has expired. Any Products returned by You must be unopened and unused and in the same condition as when they were delivered to You. You will have to bear the direct costs of returning the Products.
8.4 To meet the cancellation deadline, it is sufficient for You to send Your notice of cancellation before the cancellation period has expired. If You send Us a notice of cancellation by post and/or return Product(s) to Us, We advise You to keep proof of postage.
8.5 If You decide to cancel Your order, We will reimburse You for all payments which We have received from You in relation to Your order, including the cost of delivery of the Products to you (except for the supplementary costs arising if You chose a type of delivery other than the least expensive option offered by Us).
8.6 However, We will not reimburse You for any payments we have received from you in relation to any Products that have been opened or used by You. We may also make a deduction from the reimbursement for loss in value of the Products supplied, if the loss is the result of damage or unnecessary handling by You.
8.7 We will make the reimbursement without undue delay, and no later than:
(a) 14 days after the day We receive back from You the Products supplied; or
(b) (if earlier), 14 days after the day You provide evidence that You have returned the Products to Us; or
(c) if no Products were supplied to You, 14 days after the day on which We are informed about Your decision to cancel the order.
8.8 We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the Products back or, at our discretion, You have supplied evidence of having sent the Products back.
8.9 No such rights of cancellation (as set out in Clauses 8.2 to 8 above) applies if You are purchasing the Product(s) otherwise than as a consumer.
9. OWNERSHIP OF PRODUCTS
9.1 All Products ordered by You will remain Our property until We have delivered the Products to the address stated in the Order Form.
9.2 If We have not received payment in full for the Products prior to their delivery, then the Products will remain Our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate Your right to use the Products, and to enter Your premises and repossess the Products (or to instruct a third party to do so), if payment is not made when due, or if the credit/debit card/payment provider company declines payment or requires Us to return any payment made for the Products, for any reason.
10. OUR LIABILITY TO YOU
10.1 These terms and conditions do not exclude or limit Our liability (if any) for:
10.2 We are not responsible for you for any delays that are outside of our control, or for any losses which you could have avoided by taking reasonable action, including following our reasonable instructions for use of the Products.
10.3 We are only liable to You for losses which You suffer as a direct result of Our breach of these terms and conditions and which are reasonably foreseeable. We are not liable for any other losses.
10.4 We are not responsible to You for any business losses that You may incur (including but not limited to lost profits, lost revenues, business interruption or lost data) or for losses to non-consumers.
10.5 You may have other rights granted by law and these terms and conditions do not affect these rights.
11. PROMOTIONS AND OFFERS
11.1 From time to time purchase of Products may be subject to offers and promotions, at our sole discretion. These terms and conditions will apply to any such offers and promotions. If there are any conflicts between the terms of the offer or promotion and these terms and conditions, then these terms and conditions will apply.
11.2 The number of customers who may partake in any offers and promotions may be limited in quantity, and we reserve the right to withdraw offers and promotions without notice at any time.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 In purchasing a Product, You represent and agree that You are buying the Products solely for Your personal use, and not for business reasons (for example for resale or commercial distribution).
13.2 These terms and conditions are only available in English. No other languages will apply to these terms and conditions or any Contracts.
13.3 If You are unhappy with anything please contact us so we can resolve the matter. However if we cannot resolve the dispute using our internal complaint handling procedure You may wish to use an alternative dispute resolution process where an independent body seeks to resolve the matter.
13.4 All Contracts will be governed by English law.
13.5 Any court proceedings must be taken at a court within England and Wales. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
13.6 You may not transfer any of Your rights under the Contract to any other person.
13.7 We may transfer any of Our rights under the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
13.8 Only You and Us have any rights under the Contract. No other person shall have any rights under the Contract.
13.9 Even if We delay in enforcing the Contract, We can still enforce it later. We might not immediately chase You for not doing something (like paying) or for doing something You're not allowed to, but that doesn’t mean We can't do it later.
13.10 If You are a consumer then nothing in these terms and conditions will affect Your statutory rights.
White Claw Store
Notice of Cancellation
I hereby give notice that I cancel my contract for the sale of the products set out below
[insert products you have ordered]
[insert the date you ordered the products]
[insert the date you received the products] / [not applicable]
[Insert your title]
[Insert your forename]
[Insert your surname]