Our Terms – for further information on delivery and dispatch times please see our FAQ’s page.
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us as they contain important information.
- Information about us and how to contact us
- Who we are. We are Datum Attitude Brewing Co Limited, a company registered in England and Wales. Our company registration number is 12794841 and our registered office is at Lime House, 75 Church Road, Tiptree CO5 0HB. Our registered VAT number is 357666161. We are approved and registered under the Alcohol Wholesaler Registration Scheme; our AWRS number is XEAW00000116900.
- How to contact us. You can contact us by telephoning us on the details available on our website or by emailing us at info@datumattitude.co.uk or sam@datumattitude.co.uk.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product or issue a refund if payment has already been made. This might be because the product is out of stock, because of unexpected limits on our resources, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- We only sell to the UK. Our website is solely for the promotion of our products in the UK. We do not accept orders from or deliver to addresses outside the UK.
- We cannot sell alcohol to those under 18. It is illegal to sell alcohol to those under the age of 18. If you are under 18 you must not try to order alcohol from us and anyone over the age of 18 must not purchase alcohol for anyone under the age of 18. Anyone found to be breaching this term will be reported to the police in accordance with our licence requirements.
- Our products
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. On occasions our stock photos may show a different item to the one being sold. We make clear in the product description and title the item that is being sold. We also cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Your rights to make changes
If you wish to make a change to your order, please contact us and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of your order, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. - Our rights to make changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor adjustments and improvements.
- Changes to these terms and conditions. We may change these terms and conditions at any time and without notice.
- Minor changes to the products. We may change the product:
- Providing the products
- Delivery costs. The costs of delivery will be as displayed on our website.
- When we will dispatch the products: We will deliver the products using our delivery partner using a next day service. Goods are only dispatched Tuesday to Thursday and we aim to dispatch your order as soon as possible.
- When we will deliver the products nationally: We offer free delivery on orders over £40 in value, orders are usually dispatched the next available dispatch day (Tuesday to Thursday) using a 24 service.
- We are not responsible for delays outside our control. If our supply or delivery of the products is delayed by an event outside our control, including but not limited to, failed collections by the courier or due to volume of orders then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays. If there is likely to be a substantial delay you may contact us to cancel your order and receive a refund for any products you paid for but not received.
- Collection by you. We are not licensed to allow collection from our premises all orders must be placed online and be delivered to the address provided in your order.
- If you are not at home when delivery is attempted. If no one is available at your address to take delivery Parcelforce will attempt redelivery or leave a card with details on how to rearrange your delivery. We do not accept liability for any loss or damage to items if they are left in a safe delivery place in accordance with your instructions.
- If you do not re-arrange delivery. If you do not re-arrange delivery, the items may be returned to us and we will contact you for further instructions and to confirm any further delivery costs. If we are unable to contact you or re-arrange delivery we may end the contract and clause 10.2 will apply.
- If you do not provide on request Identification in line with our Challenge 25 Policy. If you or the person taking delivery of the order does not, cannot, or refuses to provide identification which meets the requirements of our Challenge 25 Policy we will be unable to complete the delivery and we may end the contract and clause 10.2 will apply. We are legally obliged to inform the Police of any refusals of sale in these circumstances.
- When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us including requests made to leave the delivery in a safe place.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply and deliver the products to you, for example, age verification, your contact details and your address. If you give us incomplete or incorrect information, we may end the contract (and clause 10.2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need.
- Your rights to end the contract
- Ending the contract because of something we have done. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply/delivery of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For some products bought online you have a legal right to change your mind within 14 days and receive a refund.
- When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- Any of our products which have been opened, damaged after delivery or used;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
- food products.
- How long do I have to change my mind? If you have purchased goods from us you have 14 days after the day you, or someone you nominate receives the goods.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind you can still end the contract before it is completed by informing us but you may have to pay us compensation for the costs we will incur as a result of your ending the contract.
- Ending the contract because of something we have done. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by telephoning or emailing us.
- Returning products after ending the contract. If you end the contract for any reason after products have been delivered to you, you must return them to us. You must either post them back to us at 13 Tollesbury Road, Tolleshunt Darcy, Maldon, CM9 8UA or (if they are not suitable for posting) allow us to collect them from you. Please call or email us to arrange collection. If you have changed your mind then you must ensure we receive the goods back within 14 days of you telling us you have changed your mind.
- When we will pay the costs of return. We will pay the costs of return or collect the products from you free of charge:
- if the products are faulty or misdescribed. If any of our drinks or food products are faulty we must collect these from you in order to speak to our suppliers. You must not, on notifying us of a problem, dispose of the product as we will need this to discuss and investigate the issues with our suppliers. If the products are disposed of we may not be able to issue you with a refund. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return or collection by us.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the products including delivery costs (if applicable) by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, age verification information and documents and delivery details;
- you do not, within a reasonable time, allow us to deliver the products to you; or
- if you are unable to satisfy our Challenge 25 Policy at the time of ordering or upon delivery.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
- We may withdraw the product. We may write to you to let you know that we are going to stop stocking the product. We will let you know as soon as possible if this is the case and will refund any sums you have paid in advance for products which will not be provided
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us or email us.
- Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. 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.
- What happens if we got the price wrong. 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 less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious 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 goods provided to you.
- Our responsibility for loss or damage suffered by you
- We are not liable for unforeseeable losses. We are not responsible for any loss or damage that is not foreseeable.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information. We will only use your personal information as set out in these terms and in our Privacy Policy.
- Other important terms
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.