Terms & Conditions
These terms and conditions ("the Terms") govern the users ("you" or "your") use of the website www.captainfawcett.com ("the Website") and your relationship with Fownes Brewing Company who are based at 42 The Ridgeway, Sedgley, Dudley, West Midlands, DY3 3UR.
Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
1. Agreement
By using the Website you agree to be bound by these Terms.
2. Amendments
We reserve the right to: update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. Privacy Policy
At Fownes Brewing Company we value your custom and therefore your privacy and will always keep your personal information safe. Fownes Brewing Company accords the highest priority and is committed to protecting your privacy and the security of your personal information.
We will treat all your personal information: as confidential and will only disclose the same in the circumstances set out below; and in accordance with Data Protection legislation from time to time in force in England and Wales.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office. We will use your personal information for the following purposes: processing your orders; to administer this Website; for statistical purposes to improve this Website and its services to you; if you have consented during the registration process, to notify you of products or special offers that may be of interest to you if you have consented during the registration process, to disclose to other relevant third parties, who may contact you about their products or services that may be of interest to you.
Subject to your rights of objection, you agree that personal information may be disclosed to reputable third parties who will help process your order.
You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.
We do not store credit card details nor do we share customer details with any 3rd parties.
We will not disclose or share your information with third parties unless consent is given or we are required by Law when disclosure would be without notice. Your information would not be transferred outside the EEA (European Economic Area) without your consent. Fownes Brewing Company does not guarantee pictures and descriptions to be completely accurate and denies all liability. All prices, descriptions, and pictures can change without notice.
To talk to us about our privacy policy please contact us by writing to: Fownes Brewing Company, 42 The Ridgeway, Sedgley, Dudley, West Midlands, DY3 3UR United Kingdom or send an email to [email protected]
4. Use of Cookies
A Cookie is a message given to a web browser which is stored by the browser. Each time your browser requests a page from the server this message is sent back. The main objective is to identify users and personalise their visit by customising web pages for them. They also provide us with certain information about you use of our website. You can prevent automatic acceptance of Cookies by your browser but this will affect the use of our website.
5. Security
Big Cartel and PayPal employ the most modern Secure Sockets Layer (SSL) encryption technology (128 bit SSL Key) to prevent any unauthorised persons gaining access to credit card information entered on our website. This allows transmission of potentially sensitive information over the internet in an encrypted form which is not readable by third parties.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. Compliance
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website: any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character
7. Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
9. Orders
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
10. Price and Payment
All prices are in £ GBP Pounds Sterling (UK Pounds) and inclusive of V.A.T at the current rate which is payable on all UK deliveries. All prices are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you. Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
11. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must: if an individual, be 18 years of age or over and register your real name, address, phone number, e-mail address any other details requested; and
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
12. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
13. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms: affect or limit your rights as a consumer under English law; or will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following: incompatibility of the Website with any of your equipment, software or telecommunications links technical problems including errors or interruptions of the Website unsuitability, unreliability or inaccuracy of the Website inadequacy of the Website to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
14. Severance
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
15. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
16. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
17. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
18. Delivery
We normally dispatch your order on the day of receipt (Monday to Friday only) if we receive your order before our cut off time and if we have the order in stock (Please see our opening hours). Our cut off time is normally 3PM Monday to Friday. We may send your order in more than one package if some items are not in stock; however we will only charge you one postage fee. For UK addresses, please allow a total delivery time of 3-10 business days for all Royal Mail First Class packages and Royal Mail Recorded Delivery items. A signature is required for the delivery of Recorded Delivery items. For Recorded Delivery items, we will provide you with a tracking number. You may track your parcel at www.royalmail.com
For Next Day Delivery packages, delivery is guaranteed next business day before 5:30PM (8PM in November and December). Your valid order must be with us before 2PM Monday to Friday to guarantee dispatch on the day of your order. We will provide you with a tracking number to track your package. You may track your parcel at www.royalmail.com. Please note that it is Royal Mail who guarantee the delivery on the next working day, not Captain Fawcett Ltd. Complaints about Royal Mail Special Delivery should be made to Royal Mail.
Please note that we are unable to refund next day charges for delays under certain circumstances, such as inclement weather conditions, incorrect entry of address, industrial action, civil unrest, unforeseen technical difficulties and/or public holidays. For International deliveries, delivery times depend on the efficiency of your country's mail service. Western European parcels normally arrive within 4 to 7 working days, but you should allow up to 2 weeks. For the rest of the world, please allow up to 4 weeks for delivery. A signature is often required upon delivery for international parcels.
If the carrier has recorded a failed delivery and the goods are returned to us because you failed to pick up the goods within the time limits imposed by the carrier, we will treat this as a cancelled order and we will make a charge not exceeding £10.00 to cover our costs in resending these goods out to you. You will also be charged postage at our current tariff if you require the goods to be re-delivered. We regret that we cannot be held responsible if the carrier has failed to notify you of an attempted delivery. You will need to take this up with the carrier.
In the unlikely event that your goods have been lost in transit, we are unable to refund or resend goods until our enquires have been completed. This can take up to 15 working days as a trace will need to be issued to track your goods. In most circumstances this will be resolved sooner. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Fownes Brewing Company shall, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or, at their discretion, refund to you the amount you paid for the goods in question PROVIDED THAT you notify Fownes Brewing Company of the problem in writing (quoting your Invoice number) at the address stated at the bottom of your confirmation email (or to [email protected]) within 7 working days of delivery of the goods (subject to enquiries being completed).
19. Cancellations Policy
You may cancel your order within 7 working days after the date of delivery for a full refund or exchange. Customers wishing to cancel an order must notify us by phone or email within the 7 working day period and goods must be sent back to us within 14 days. Your statutory rights are not affected. If you do cancel an order you must notify us in writing by emailing [email protected] or writing to Fownes Brewing Company who are based at 42 The Ridgeway, Sedgley, Dudley, West Midlands, DY3 3UR.
We do not take responsibility for goods lost in transit so we recommend that you return goods via recorded delivery if possible. A full refund would be made within 30 days from cancellation provided the goods are returned in their original condition.
20. Returns and Exchange Policies
We will only accept returns if the goods are unopened, unused and are in a resalable condition. By this we mean that all packaging and or cellophane wrapping and tamper resistant seals must be intact. If this is not the case then the item cannot be returned. If the goods are faulty or damaged please contact us [email protected] or Fownes Brewing Company who are based at 42 The Ridgeway, Sedgley, Dudley, West Midlands, DY3 3UR and we will advise you on the next step. Customers would bear the full cost of returning the goods. Any damaged or defective items would be replaced without charge and the cost of return postage refunded. Please keep proof of postage. Fownes Brewing Company will replace any faulty items with the same product, however if the product is no longer available, will refund the original card used to make the purchase. Our returns policy is valid for 28 days from receipt of goods. Credit card refunds would be to the card used for the original purchase. Allow at least 2 billing cycles for your credit to appear on your card statement. Please wrap your return products in the same packaging in which you received it and enclose a brief explanatory note including your name, order no and reason for return. Return to: Returns Department, Fownes Brewing Company, 42 The Ridgeway, Sedgley, Dudley, West Midlands, DY3 3UR.
21. Testimonials and Reviews
If you submit a review or testimonial you grant www.fownesbrewing.co.uk a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout our website or in any other media
22. Offers and Promotions
To redeem any % off discount a specified promotional code (found on the offer email / site / promotional voucher) must be entered at the basket page. Each % off offer can only be redeemed ONCE per person. Each offer is valid until the time specified on the email / site / promotional voucher. Each promotional code is valid for online product purchases from www.fownesbrewing.bigcartel.com only and is not valid in conjunction with any other promotion or discounted offer and cannot be applied retrospectively. No cash alternative is available. These % off offers exclude the purchase of Gift Vouchers, already discounted products and sales area items.
These % off discounts entitle you, at the time of ordering, to a saving on a new product order placed with www.fownesbrewing.bigcartel.com. Fownes Brewing Company reserves the right to decline to accept orders where, in its opinion, a promotional code is invalid for the order being placed. These % off discount cannot be used via Third Party sites including cash back sites. Fownes Brewing Company reserves the right to withdraw any % off offer and alter these terms and conditions at any time without prior notice. Subject to general Fownes Brewing Company Terms & Conditions and competition specific terms and conditions.
22. Gift Vouchers
Please see specific voucher terms and conditions
23. Customer Services
The best way to contact us is via email. For anything to do with your order, our website or general feedback, enquiries or complaints please contact our customer service department [email protected] We will always endeavour to acknowledge your email within a maximum of 48 hours.
Our full address and contact details are: Fownes Brewing Company, 42 The Ridgeway, Sedgley, Dudley, West Midlands, DY3 3UR, UK.
Customer Services / Enquiries Line : 07790 766844