Terms & CONDITIONS
This website is operated by Encoder Brewing Co, the trading name of Mosquito Brewery LLP. Throughout the site, the terms “Encoder Brewing Co”, “we”, “us” and “our” refer to Mosquito Brewery LLP. and “Products” refers to any product we offer for sale. We offer this website (“Website”), including all information, tools and services available from this site to you, the user, accept of all terms, conditions, policies and notices stated here by using our Website.
Encoder reserves the right to amend these Terms and Conditions without notice at any time. Your continued use of this Website after changes are posted will constitute your acceptance of the changes to these Terms.
You must be aged 18 or over to purchase alcohol. It is an offence to sell alcohol to anyone under the age of 18 in the UK. When ordering and making a payment you will be required to confirm that you are aged 18 or over.
If your order is a gift and contains alcohol, the recipient must also be aged 18 years or older. An adult over the age of 18 will be required to sign for delivery.
ACCURACY AND COMPLETENESS
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We aim to ensure the prices shown are correct. If an error does occur, we will make every effort to contact you to confirm if you would like to proceed with the order at the correct price.
While we aim to be able to supply all items we list for sale online, there are instances where this may not be possible. In these cases we will contact you and offer a substitute with the same or greater value.
We reserve the right to withdraw or replace Products online without notice. Merchandise prices and specifications are also subject to change without notice.
Even where your payment is accepted by our systems, no contract shall exist on the part of Encoder Brewing Co until we have dispatched the items to you. We reserve the right to refuse any order at any time.
Payment can only be made using credit/debit cards through Stripe or PayPal. We cannot take orders by phone or email except for trade or wholesale customers, who must order via email to email@example.com.
Card payments are made through a secure server. Encoder does not store your financial details. Your personal details are not passed to any third party. Payment will be taken at the time of ordering.
We only sell Products online to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
We always aim to deliver your order promptly but cannot accept liability for delay.
Our standard delivery option is via 48hr tracked and deliveries must be signed for by a person of 18 years or older. If our couriers are in any doubt about the age of the recipient on delivery, they will request ID. We reserve the right to cancel the delivery if the age and identity of the recipient is in doubt.
It is the responsibility of the customer to report goods damaged in transit, within 48 hours of delivery to firstname.lastname@example.org.
We shall not be liable to pay any compensation to you in the event of any order delay, nor for loss of wages due to failed or late deliveries. Customers accept responsibility for the safe storage and use of the Products upon receipt. Encoder is not liable for damage caused by customer mishandling.
Whilst we make efforts to ensure your order arrives in the same condition it leaves our premises, we accept no liabilities for damage in transit, including damaged packaging or spoiled content and will compensate subject only to our discretion.
REFUNDS AND CANCELLATIONS
Submitting an order on our website enters you into a contract to buy the Products from us. You cannot, once an order is submitted, alter, change or cancel an order unless:
- We receive confirmation of cancellation of order before the order has been shipped. This must be communicated to us in writing at email@example.com and confirmed by us before dispatch. Any payments you have made for orders which have been properly cancelled will be re-credited to you.
- We will refund delivered goods only in the event they are defective, for which we require photographic evidence.
All deliveries are made using a preferred courier and as such deliveries can be made unattended. In the event that your delivery is stolen from your door or damaged while there, we do not accept liability, and will only offer compensation at our discretion.
A cookie is a small data file stored by your web browser on your computer. It allows us to recognise your computer by associating the identification numbers in the cookie with other customer information you have provided to us. That customer information is stored on our secured database.
Cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
Cookies are also used in the functioning of the online store section of our site, by keeping track of information you enter into the site (Products chosen, delivery address etc) so that it can be passed onto us to generate your order.
By using our Website, you agree that we can place these types of cookies on your device. You can choose to accept or decline cookies (most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer). This may however prevent you from using this website.
COPYRIGHT AND IP RIGHTS
All content included on this website including, but not limited to, beer names, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Encoder Brewing Co. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website, including but not limited to all beer names, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code unless otherwise indicated on the Website or unless given express written permission to do so by Encoder.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation any product that we sell. This does not affect your statutory rights as a consumer.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. Our failure to enforce a right does not amount to waiver of it.
These Terms and Conditions shall be subject to and interpreted in accordance with the laws of England.
Mosquito Brewery LLP