Please note that in line with Regulation (EU) No 524/2013 (the “ODR Regulation”) you can find the link to the ODR Regulation dispute resolution platform here.
PART 1: GENERAL TERMS AND CONDITIONS
1. INFORMATION ABOUT US
We operate the website www.perfectdraft.com (the “site”). We are ZX Ventures Limited (“ZX”) a company registered in England and Wales under company number 03023279 and with our registered office at Fetter Lane, EC4A 1EN.
2. CONTACTING US
2.1 You can contact us using any of the following methods: email us at email@example.com or contact the team by telephone on 01423 525750. Alternatively you write to us at Beer Hawk Limited, Unit 16, Thorp Arch Ind. Est., Wetherby, LS23 7FA. If you use this method we will e-mail you to confirm we have received your letter.
2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. AGE REQUIREMENTS
4.1 You must be of the legal drinking age in your country, province or state of residence (18 years or older in the UK) to use this site and/or purchase Products.
4.2 We are not allowed by law to supply Products to you if you do not satisfy legal age requirements. If you are underage, please do not attempt to order these Products through our site and cease to use the site immediately.
5. OUR RIGHT TO VARY THESE TERMS
We amend these Terms from time to time and your continued use of the site following any changes shall be deemed to be your acceptance of such change. These terms were most recently updated on 6 July 2020.
PART 2: TERMS AND CONDITIONS RELATING TO THE SALE OF PRODUCTS
You will be redirected to our partner sites to purchase the Products. Their terms and conditions will apply to the purchase of any Products from them. Please read those Terms carefully and make sure that you understand them, before ordering any Products from their site.
6. OUR PRODUCTS
6.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
6.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
6.3 The packaging of the Products may vary from that shown on images on our site.
6.4 We reserve the right to change or withdraw products displayed on our site without notice.
7. PRICE OF PRODUCTS AND DELIVERY CHARGES
7.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was displayed. However the price shown on our partner sites at the time you order the Product will take precedence.
7.2 Prices for our Products may change from time to time.
7.3 The price of a Product includes VAT (where applicable) at the applicable current rate for the time being.
7.4 The price of a Product does not include delivery charges. Delivery charges are as advised to you during the check-out process on our partner sites, before you confirm your order.
7.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced.
8. DISCOUNTS, VOUCHERS, PROMOTIONS AND GIFT VOUCHERS
8.1 Any promotions, discounts or vouchers (“Offers”) are single use only and not to be used in conjunction with any other Offer unless otherwise stated.
8.2 Offers are available only while stock lasts.
8.3 Any Offers advertised on our site can only be used on the site.
8.4 We don’t offer any discounts on gift subscriptions or gift vouchers. Gift vouchers expire 12 months after the date of purchase.
8.5 We reserve the right to withdraw or terminate any of our Offers at any time, either as a whole or for specific delivery areas or customers. If this happens, then the Offer may not be used for any orders placed after the date of withdrawal or termination.
8.6 We may from time to time run different Offers, with different terms (including amounts, types and expiry dates). We reserve the right to limit the applicability of any particular Offers to specific regions or delivery areas. Different Offers may be run simultaneously but cannot be used in combination with each other unless explicitly allowed.
8.7 We reserve the right to reject the use of an Offer where fraud or breach of these Terms is suspected.
9. OUR LIABILITY
9.1 If we fail to comply with these Terms or we act negligently, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but 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 this contract. The maximum amount we are liable for is the cost of the Products plus any relevant delivery charges.
9.2 We only supply the Products 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.
9.3 We do not in any way exclude or limit our liability for:
9.3.1 death or personal injury caused by our negligence;
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 any other liability which we are not allowed to exclude or limit by law.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 10.2.
10.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations we will contact you as soon as reasonably possible to notify you. Our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
10.4 References in this Clause 10 to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of our obligations. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance of our obligations (or that you have frustrated or hindered that performance), we will have no liability to you.
PART 3: TERMS AND CONDITIONS RELATING TO YOUR USE OF THE SITE
This section of the Terms apply to you regardless of whether you are a private individual, a trade customer or other legal entity using the site and regardless of whether or not you purchase Products from the site.
11. ACCEPTANCE OF TERMS AND CONDITIONS
Your access to and use of the site and any Services referred to in Clause 12, is subject exclusively to these Terms. You will not use the site or Services for any purpose that is unlawful or prohibited by these Terms. By using the site and/or Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms you must immediately stop using the site and any Services.
12. THE SERVICES
12.1 The site may provide communication tools such as bulletin boards, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
12.2 You acknowledge and agree that the Services are public and not private communications.
12.3 We may make changes in the information and content included in this site and any time without notice. We shall not be responsible for any detrimental reliance you may place on this site or its contents.
13. SURVEYS AND CONTESTS
14. ACCEPTABLE USE
14.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. ZX will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
14.2 In using the site and/or Services you agree not to:
14.2.1 use this site for anything other than personal, non-commercial use;
14.2.2 you may not modify any part of the site other than as may be reasonably necessary to use the site for its intended purpose;
14.2.3 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
14.2.4 post, publish, distribute or disseminate material or information that is defamatory, libelous, obscene, indecent, threatening, abusive, harassing or unlawful;
14.2.5 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their sex, race, religion, disability, nationality or otherwise;
14.2.6 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
14.2.7 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
14.2.8 promote the excessive, irresponsible or underage consumption of alcohol;
14.2.9 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
14.2.10 collect or store personal information about others, including email addresses;
14.2.11 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
14.2.12 impersonate any person or entity for the purpose of misleading others;
14.2.13 violate any applicable laws or regulations;
14.2.14 use the site or Services in any manner that could damage, disable, overburden or impair the site or Services or interfere with any other party’s use and enjoyment of the site or Services;
14.2.15 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
14.2.16 attempt to gain access to any of the Services, other accounts, computer systems or networks connected to the site or Services through hacking, password mining or any other mining or any other means.
14.3 The data contained on this site belongs to ZX. Users of the site are strictly prohibited from recording any data on the site with automated programs, software, or any other method of web scraping or crawling.
14.4 ZX is under no obligation to monitor, screen or sanction the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove at any time and without notice any material that breaches these Terms or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services or site at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the site or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the site or Services.
16. LINKS TO THIRD PARTY WEBSITES
The site or Services may include links to third party websites that are controlled and maintained by others. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You acknowledge and agree that we have not reviewed all sites linked to this site and is not responsible for the content or availability of any such sites. Your linking to other off-site pages or other sites is at your own discretion and risk.
17. LINKS FROM THIRD PARTY WEBSITES
17.1 You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage PerfectDraft or any of its products reputation or take advantage of it, but you must not establish a link in such a way was to suggest any form of association, approval or endorsement on PerfectDraft’s part where none exists.
17.2 You must not establish a link from any website that is not owned by you.
18. INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 ZX is the owner of copyright in this site. Pictures, graphics, text, images of places or people are either the property of ZX or used on this site with permission of the owner of the intellectual property. No portion on this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without our express written permission, except if indicated herein.
19.2 By entering this site you acknowledge and agree that any name, logo, trademark or servicemark contained on this site is owned by the ZX group companies and may not be used without prior written approval. Your use of any of these materials is prohibited unless specifically provided for on the site. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on this site that would damage the reputation of ZX, PerfectDraft or its partners, or any model or person, violates ZX’s legal rights. ZX will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of ZX’s or its partners’ Intellectual Property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
19.3 By using this site you acknowledge and agree that any communication or material you transmit to this site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you submit to ZX through this site will become and remain ZX’s property and therefore may be used by ZX anywhere, anytime and for any reason whatsoever, without notice, compensation or any other obligation to you or any other person.
You agree to indemnify and hold ZX harmless from and against any breach by you of these Terms and any claim or demand brought against ZX by any third party arising out of your use of the site, Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by ZX in consequence of your breach of these Terms.
21. DISCLAIMERS AND LIMITATION OF LIABILITY
21.1 Use of the site and Services is at your own risk. The site and Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
21.2 By entering this site you acknowledge and agree that your use is at your own risk and that this site, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this site are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of, or browsing of this site or in connection with any content, information, data, promotions, activities, associated with this site, or in connection with your downloading of any materials, text, data, images, video or audio from this site, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. You specifically acknowledge that ZX shall not be liable for user submissions to the Services or the defamatory, offensive, or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with you.
21.3 ZX makes no warranty that the site or Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the site or Services will be uninterrupted or error free, that defects will be corrected or that the site or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
21.4 Nothing in these Terms shall be construed so as to exclude or limit the liability of ZX for death or personal injury as a result of the negligence of ZX.
21.5 Nothing in these Terms shall affect your statutory rights as a consumer.
22. TECHNICAL FAILURES
ZX and its agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections of failed, incomplete, corrupted or delayed computer transmissions which may limit a participant’s ability to participate in a contest.
PART 4: OTHER IMPORTANT TERMS
23.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
23.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
23.3 These terms apply between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
23.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
23.6 These Terms, and any Contract between us, are only in the English language and are governed by English law. This means any dispute or claim arising out of or in connection with these terms will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.