Terms & Conditions

About us

By using this website, you accept our Terms and Conditions and Privacy Policy.  We reserve the right to change these from time to time and we advise you to read through them each time you use the site.

Otter Brewery is the trading name of Otter Brewery Limited, registered in England & Wales.

Our registered Office is:
Otter Brewery Limited,
Mathayes, Luppitt,
Honiton, Devon,
EX14 4SA

Telephone:
01404 891285

Email:
shop@otterbrewery.com

Company Registration No:
03687964

 

Sale of Alcohol / Legal Ordering Age

You must be over 18 years old to buy goods from this website.  Otter Brewery will not sell to anyone under the UK legal drinking age of 18 years. You must ensure that the details provided by you on ordering or at any time are correct and complete and you must be able to supply proof of age on request.

 

Pricing and Card Payment

We accept online payment in a secure environment by credit/Debit card and currently accept Visa, MasterCard, Delta and Maestro (Switch).  We use the latest online security software to ensure your details are safe.

All payments made to Otter Brewery will be subject to security checks from the card provider.  This is done through a validation process with the issuing card company using comparative information supplied from the customer and the issuing card company.  We may also contact you by email or phone to confirm some order information with you.  This will be done prior to your order being processed and may cause a delay in dispatch.

 

My payment has been declined

The decline of payment from your card will be a direct instruction from the card provider.  As this is the case we are unable to provide further information on why this decision has been made.  We would suggest contacting your card provider regarding this.  You are more than welcome to use an alternative method of payment, should you wish.

All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling (£), and where appropriate are inclusive of UK sales tax (VAT) at the current rate.  

 

Delivery to a different address

We are able to send packages to a different address from the billing address, however the entire order will be sent to the alternative address.  If you wish to send to two different addresses you will need to place two separate orders.

If you are sending a package as a gift please tick the relevant box and a gift invoice and ‘personal note’ can be included.

 

Delivering to an address when there is no-one there

If there is no-one available at the delivery address when the package arrives the courier will leave a card stating that they tried to deliver and try again the following working day unless you get in touch with them to re-arrange the delivery.  If you have requested that the package is left in a secure place (garden shed, garage etc) then the package will be left at your own risk and is not Otter Brewery or our courier’s responsibility.

Postage and Packing

We can only accept orders for delivery to the United Kingdom.  

We will always do our best to have your order with you within ten working days after the order is placed. However, unforeseen circumstances can arise that are beyond our or the courier’s control.  Although we will do everything to prevent this happening, it may not always be possible.  With this in mind, any delivery timescales should be taken as a guideline and not a guarantee of delivery date.  We can only arrange deliveries for Monday – Friday.

  • Small items (a glass) Royal Mail £3 each
  • 1st box (holds up to 12 bottles) Courier £8
  • 2nd box (up to additional 12 bottles) Courier £4 (total £8 + £4 = £12)
  • 25 bottles plus Courier zero

The above delivery charges apply to packages going to all postcodes in England and Wales and lowland Scotland.  For other areas of the UK please see below where a surcharge will be charged.

Deliveries for the Scottish Highlands, Northern Ireland and UK Islands will incur a delivery surcharge and fifteen days should be allowed.  These postcode areas are AB31-AB38, AB40-AB56, Channel Islands, HS1-HS9, Isle of Man, IV1-IV28, IV30-IV32, IV36-IV49, IV51-IV56, IV63, KA27, KA28, KW1-KW17, PA20-PA38, PA41-PA49, PA60-PA78, PH4-PH44, PH49-PH50, ZE1-ZE3.   Please contact us for a delivery quote via email or phone 01404 891285.

We cannot accept orders for delivery to BFPO or PO Box addresses.

 

Order acceptance and contract

We will send you a confirmation email within 24 hours of your order being placed, to confirm receipt of your order.  Orders placed by you are an offer to purchase and will be accepted by us, subject to stock availability.  Once you have received your confirmation email, we cannot change the details of the order (product, quantities or delivery address).  Please ensure you review all your details before you complete the checkout process.

On occasion the stock position relating to particular items may change.  If an item is not in stock at the time of processing your order, we will let you know as soon as possible by email.  We are able to back order it for you and send the item(s) as soon as they are available, or we can arrange a full refund.

The contract for the sale of goods will be formed when we send an email to you to confirm that we have dispatched the product(s) to the address you provide us with.  Acceptance will be complete at the time that we send this email to you.

 

Returns

We are confident that you will be delighted with your purchase, however, you can return any item for an exchange or refund within 28 days if you are not completely satisfied with it.   Please let us know whether you would like an exchange or refund by email or telephone. We will then ask you to return your purchase to us enclosing a copy of your invoice or contact details and the purchase order number. Once we receive the items here in a saleable condition we will arrange for the exchange/refund of the purchase price.

Please be aware that you are responsible for any returned goods until they reach us.  Please make sure that you get  proof of postage and have sufficient insurance to cover any lost or damaged parcel.  We will cover the cost of carriage for exchanged goods returning to you, within reason.

If we have made a mistake and there is a breakage or short delivery, please let us know as soon as possible, but within ten working days.  We will arrange for the breakages or short order to be sent to you or we can arrange to refund the broken/missing items.

 

Complaints

Our aim is to deal with any problems you may have fairly and efficiently.  We will respond as soon as possible, but within ten working days and explain what actions we intend to take to resolve your complaint.

If you feel you have a complaint then please contact us at shop@otterbrewery.com or by telephoning us on 01404 891285.  Alternatively you can write to us at Otter Brewery, Mathayes, Luppitt, Honiton, Devon, EX14 4SA.

Privacy Policy – Please see separate document for full details.

We do not share your information with third parties, other than to process your order.  In this case, the third party will not disclose any of the details to any other third party.  Cookies are required to keep track of the contents of your shopping basket and to generate your order.  We use a secure third party site to process your card details and do not have direct access to any of this information.  Should you wish to set up an account with us we will only store relevant information to your ordering history.

 

Intellectual Property Rights

All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this site together with all software compilations, underlying source code and software in the site are protected by copyright, trademark, design right and/or other worldwide intellectual property rights and are owned or controlled by or licensed to Otter Brewery.  Any use of this website or its contents, including copying or storing it, in part or in whole, other than for your own lawful, personal, non-commercial use is prohibited without the prior permission of Otter Brewery.  You may not reproduce, publish, transmit, publicly perform, distribute, display, modify, adapt, bundle, alter, create derivative works of the site, sell or participate in any sale of or exploit in any way, any of the contents, the site, or any related software in whole or in part without our express prior written permission.

 

Accuracy of Content

To the extent permitted by law, Otter Brewery gives no warranties in relation to the website, in particular with limitation, any warranties regarding the accuracy of descriptions and illustrations of items in the website.

We have taken all reasonable precautions to ensure that the information provided within this website is accurate; in particular that prices shown are correct at the time of publishing and that all items have been fairly described.  We reserve the right to change at any time any of the details of the items on the site, including prices.

 

Prices

Prices are as set out on the website and include VAT at the current rate, where appropriate, but are exclusive of delivery charges.  We reserve the right to alter prices at any time.

If we discover an error in the price or description of an item you have ordered, we may cancel your order at any time up to the point we sent the item to you.  We will contact you where we become aware of an error and ask you whether you wish to continue with your order at the correct price or cancel it.  If we do cancel your order you will receive a full refund of any charges paid in advance.

 

Viruses

We do our best to keep our site up to date but cannot guarantee that the site and its contents are completely free of technical errors, viruses or anything else that may have a harmful effect on your computer or any technology.  By using the site, you acknowledge that you assume full responsibility for all costs associated with any necessary servicing or repairs for any equipment that you use in connection with this site.  Of course, this statement does not affect your statutory rights as a customer.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our site will cease immediately.

 

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link to our site in any website that is not owned by you.  Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.  We reserve the right to withdraw linking permission without notice.  The website in which you are linking must comply in all respects with the content standards as notified to you from time to time.  If you wish to make any use of content on our site other than that set out above, please email us.

 

Account Security

You must use the site for lawful purposes only.  By registering with us you recognise that you are responsible for all access made to the site using the log in details that you provide us with.  It is your responsibility that you ensure all information with regards to your account is kept confidential.  We shall not accept responsibility for any loss or damage as a result of you not keeping all such information confidential.

 

Suspension and termination

We will determine, at our discretion, whether there has been a breach of these Terms and Conditions through your use of our site.  When a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate.

 

Messages Disclaimer

You must not submit any messages to the site that are defamatory, offensive, menacing, abusive, obscene, racist, or likely to cause nuisance, offence or embarrassment, damage or inconvenience to either us or our customers, or are in any other way objectionable or illegal.  We retain the right to reject any order you may place and remove any such comments place by you.

Accessing our site

Our site is made available free of charge

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.  Access to our site is permitted on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our site without notice.  We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and Conditions and other Policies, and that they comply with them.

 

Limitation of our liability

Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.  To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for any loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use.  You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site.  Such links should no be interpreted as endorsement by us of those linked websites.  We will not be liable for an loss or damage that may arise from your use of them.

 

Applicable law

If you are a consumer, please note that these Terms and Conditions, its subject matter and its formation, are governed by the law of English law.  You and we both agree 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 resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms and Conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales.  We both agree to the exclusive jurisdiction of the courts of England and Wales