TERMS & CONDITIONS
TERMS & CONDITIONS
This page – alongside the terms of website use & privacy policy – provide information about us and the legal terms of business ( the terms ) on which we sell any product or service ( a service ) ( a product ) listed on our website to you, a consumer, which is a private individual purchasing goods from us.
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POLICY KEY DEFINITIONS:
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“I”, “our”, “us”, or “we” “WAP “ refer to the business, Without the Paddle Co.
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“you”, “the user” refer to the person(s) using this website / purchasing a product
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“Product” “Order” refers to describe your purchase made
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TERMS OF SERVICE & GENERAL CONDITIONS
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services or purchase any of the products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By agreeing to these Terms of Service, you represent that you are at least the legal drinking age of 18 years old in the UK.
After placing the order, you will receive confirmation from us, please note this does not mean the order has been accepted. Your order indicates an offer to purchase our product(s) with all orders subject to approval and acceptance by us. For any reason we may cancel this order and return any money taken. The contract between the two parties will be formed once the dispatched email is sent.
By placing an order through our side, you warrant that:
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you are legally capable of entering into binding contracts; and
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you are 18 years of age or older in the UK.
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you are a legal resident of the United Kingdom.
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you have not been previously suspended or removed from the Sites or engaged in any activity that could result in suspension.
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have full power and authority to enter these Terms in so doing will not violate any other agreement to which you are a party.
THE PRODUCT
The images of each product on our website are for illustration purposes only. Although we have made reasonable efforts to display the appearance of each product accurately, we cannot guarantee that your computer’s display will accurately reflect the appearance of that product delivered. The product which we deliver to you may vary slightly from the images on our website.
The tasting notes on our website are written by our own tasting team, however alcohol drink tasting is entirely subjective and different people will have a different experience of the same product
All sizes, weights, capacities, dimensions, and measurements indicated on our website have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006), and varies from Product to Product and from one size, weight, capacity, dimension or measurement to the next.
We may change a product from time to time to reflect changes in applicable laws and regulatory requirements (which may include changes to product labels to include nutritional information or changes to product packaging in order to comply with packaging waste requirements, for example). We may also change a product to implement minor technical adjustments and improvements. We do not anticipate that these changes will materially affect your use or enjoyment of the product.
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DELIVERY
Shipping is handled by a third party and subject to their terms and conditions. All orders send out a maximum of 3 days post purchase. This may mean your product may arrive 5 working days after order.
It is your responsibility to inspect all products received from WAP on arrival for damage or other issues. You should always check the product on arrival to confirm that they are in good condition. If you have any reason to believe your product is not fit for consumption or has been damaged document the complaint and email withoutapaddlebrew@gmail.com do not discard the item(s) before being asked by us to do so as we may ask you return them at our expense. For more on our returns policy please see links above and below this text.
The cost of delivery is displayed on our website and advised at the time of purchase. We will give you an estimated delivery date with the dispatched confirmation. Occasionally our delivery to you may be affected by an event outside of our control. Please see below.
All boxes will need to be signed for or left in a safe place; this will be advised upon in the checkout.
If no one is available at your address to take delivery and you give us no other instruction at the time of placing your order our carriers will usually:
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Leave your parcel in a safe place
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Leave with a neighbour or
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Leave a note to say they have tried to deliver. You will then need to contact the carrier and re arrange delivery.
If you are informed about a failed delivery attempt but do not re-arrange delivery of a product or collect that product from the carrier’s depot we (or the carrier) will contact you for further instructions and we may charge you for storage costs and any further delivery costs.
Any goods that are returned to WAP will be redelivered upon payment of new delivery charge.
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RETURNS & REFUNDS
By consumer law you have a right to change your mind within a relevant period and the contract cancelled and your money return excluding any costs incurred by WAP.
Your right to cancel a contract starts from the date of acceptance of the order, which is when the contract is formed, and deadlines as set out below.
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14 days FOR ALL PRODUCTS.
All cost of delivery to return the product, unless the product has been damaged or faulty on arrival, please see delivery section above and our returns policy, are to be incurred by you not WAP.
Your right to cancel a contract if you change your mind does not apply in the case of a product which is sealed for health protection purposes which you unseal after you receive it. This applies to equipment that has be used or tampered with.
We will only accept an email to withoutapaddlebrew@gmail.com with your decision to cancel the contract. Please attach the order confirmation in the email and your reason for cancellation.
Your cancellation will be effective at the time of the email being received and we will confirm our acceptance and return address if required.
We will then refund you the price your paid for the product only and delivery charge if the product has not yet been shipped. If you have received the delivery and you wish to cancel we will return the price of the product only and as stated above the return costs will not be cover by WAP.
Please note that any refund made will be on the condition the product is returned
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The product is received back.
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In the same condition in which it was sent
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There is no damage to either packaging or product
If the above is not met we will reduce the value (potentially to £0) if the product value has been reduced by damage, breaking of seal or rips and tears. We will calculate that amount with reasonable measure and inform you of the decision to reduce the payment by email and make payment that reflects our decision.
We will refund you using the same method of which you used to pay.
You must return the product to us without undue delay if received and within no later than 14 days. Please see returns & delivery policy from the date of which you informed us of your cancellation of the contract.
Products that are faulty, damaged or not as described. These legal rights are not affected by your right of return and refund as per the terms stated above. For more information on your legal right please visit www.adviceguide.org.uk
EVENTS OUTSIDE OUR CONTROL
In the case of inclement or other events beyond our control (Force Majeure events) that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible.
Force Majeure Events include:
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Strikes, lock-out or other industrial action;
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Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
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Fire, explosion, storm, flood, earthquake, shipping, aircraft, motor transport or other means of public or private transport
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Impossibility of use of public or private telecommunications network; and
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The acts, decrees, legislation, regulations or restrictions of any government.
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Government enacted State of Emergency our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligation under the Contract may be performed despite the Force Majeure Event.
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Our liability to you and your liability to us
If we fail to comply with these terms; or any additional terms which become part of the contract under law, like those relating to the quality of the product, or the fitness of the product for its purpose, which are referred to in the summary of your key legal rights above; or we act negligently,
We are responsible for any loss or damage which you suffer and which is a foreseeable result of our breach of these terms or those additional terms or our negligence.
We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
We only supply a product for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Some of the Products contain warnings about the way in which they are to be used, and by whom they are to be used. We are not responsible for any loss or damage which is caused as result of you ignoring any product warnings which are reasonably obvious upon an examination of the product.
We do not in any way exclude or limit our liability for death, personal injury or damage to private property above the value of £275 which is caused by a faulty product; or fraud or fraudulent misrepresentation.
However, we are not responsible for the costs of repairing any pre-existing damage to private property.
You are advised to carefully check a product for any defects or discrepancies at the earliest opportunity, and to take prompt action as soon as you become aware of any problem.
If we require certain information from you in order to deliver a product to you (for example, detailed address information or personalised Product label information) we will contact you to request that information. If you do not give us this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may end the contract and charge you reasonable compensation for the net costs which we incur. We may deduct that compensation from the bank account which you used to pay for the product. We may make that deduction from that bank account in more than one payment.