Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, https://infinitybrewing.uk/ (“Our Website”).
These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 23rd October 2020.
You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Website. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Website:
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods, as explained in Part 10;
means any online communications facility that We make available on Our Website enabling you to contact Us;
means the goods sold by Us through Our Website;
means your order for Goods;
means Our acceptance and confirmation of your Order;
means the reference number for your Order; and
means Infinity Brewing Company Ltd..
1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:
1.2.1 “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
2. Information About Us
2.1 Our Website is operated by Infinity Brewing Company Ltd., a limited company registered in England under company number 10070740, of 169 Sladepool Farm Road, Birmingham, B14 5EB.
3. How to Contact Us
3.4 We provide the following Contact Tools for you to contact Us:
3.4.1 Contact Form
3.4.2 Phone: 07915 948058
3.4.3 Post: 169 Sladepool Farm Road, Birmingham, B14 5EB.
4. Access to Our Website and Use of Our Website
4.1 Access to Our Website is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Website.
5. Changes to these Terms of Sale
5.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If the changes are likely to affect your Order in progress, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
5.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
6. International Customers
6.1 Please note that We currently only deliver within the United Kingdom.
7. Goods, Descriptions, and Changes
7.1 We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Website match the actual Goods. Please note:
7.1.1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
7.1.2 Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
7.2 Please note that Part 7.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14.
7.3 Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.
7.4 Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements.
7.5 Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
7.6 More significant changes may also be made to Goods from time to time. If We make such changes between you placing your Order and the Goods being dispatched, We will inform you and you may contact Us to end the Contract. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
8.1 We make all reasonable efforts to ensure that prices shown on Our Website are correct. We may change prices from time to time.
8.2 All prices on Our Website exclude VAT. We are not VAT registered and VAT is not charged.
8.3 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
8.4 If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
8.5 If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 3 working days, We will treat your Order as cancelled and inform you of the cancellation in writing.
8.6 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.
8.7 Delivery charges are not included in the price of Goods shown on Our Website. For more information on delivery charges, please refer to https://infinitybrewing.uk/delivery. Delivery options and related charges will be presented to you as part of the order process.
9. Orders and How Contracts Are Formed
9.1 Our Website will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
9.2 If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Website, either in the product descriptions or during the order process, as applicable.
If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.
If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
9.3 No part of Our Website constitutes a contractual offer capable of acceptance.
Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.
9.4 Order Confirmations contain the following information:
9.4.1 Your Order Number;
9.4.2 Confirmation of the Goods ordered including full details of their main characteristics;
9.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
9.4.4 Estimated delivery dates.
9.5 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
9.6 In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, because We are not able to meet a delivery deadline that you have set, or because of concerns about fraud or misuse.
10.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
10.2 We accept the following methods of payment: Visa, Mastercard and American Express.
11.1 All Goods purchased through Our Website will normally be delivered within 7 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
11.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
11.3 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
11.4 Deliveries will take place either by Us or by courier. Available delivery services depend on your location and will be detailed during the ordering process and are also available to read on Our delivery information page: https://infinitybrewing.uk/delivery
11.5 If you are not available at your address to take delivery of the Goods, We or our courier will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods, unless the condition in 11.5.1 applies.
11.5.1 If you have purchased goods with a special offer on delivery and you are not available at your address to take delivery of the Goods, you can either pay Us the standard delivery rate for a re-delivery, or We may end the Contract and issue you with a refund.
11.6 If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions.
We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
11.7 In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
11.7.1 We have refused to deliver the Goods;
11.7.2 In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
11.7.3 You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.
11.8 You may cancel all or part of your Order under Part 11.7 provided that separating the Goods in your Order would not significantly reduce their value.
Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.
If any Goods cancelled under 11.7 are delivered to you, you must return them to Us. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 to arrange collection.
11.9 Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided.
11.10 As explained in Part 9.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
12. Your Rights to Cancel and End the Contract
12.1 If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to the The Consumer Rights Act 2015 and the Citizens Advice website for more information.
12.2 If you are a consumer, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 13, below, for more information.
13. Cancelling and Ending the Contract
13.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
13.1.1 If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you receive the Goods.
13.1.1 If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
13.2 If you wish to end the Contract, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, We also offer a cancellation form below:
Model cancellation form
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*] / for the supply of the following service [*],
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Edit as appropriate
13.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
13.4 Please note that this right to cancel may not apply in the following circumstances:
13.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
13.4.2 If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
13.4.3 If the Goods are likely to deteriorate quickly, for example, flowers or food;
13.4.4 If the Goods have been personalised or custom-made for you;
13.4.5 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
14. Returning Goods After Cancelling and Ending the Contract
14.1 If you are exercising your right to cancellation under the cooling-off period as set out in Part 13, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
14.2 Goods must be returned via a recognised postal service or courier at your own expense. As part of Our licensing conditions Our main trading address is not open to the public and We are unable to accept in-person returns.
15.1 All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:
15.1.1 If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
15.1.2 Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges.
15.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
15.2.1 The day on which We receive the returned Goods;
15.2.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier); or
15.2.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.
16. Our Liability to Consumers
16.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
16.2 We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
16.3 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.
17. Complaints and Feedback
17.1 We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
17.2 If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3.
18. How We Use Your Personal Information
19. What Happens if We Transfer this Agreement to Another Party
19.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
20. Other Important Terms
20.1 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
20.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
20.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
20.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
21. Law and Jurisdiction
21.1.These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
21.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 21.1 takes away from or reduces your legal rights as a consumer.
21.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
21.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.