MODHA ALES LTD – TERMS AND CONDITIONS – CONSUMER ____________________________________________________________________________________________
Modha Ales Ltd is registered in England and Wales, number 8987124, Vat registered number 188951448.
Email: firstname.lastname@example.org Modha Ales Ltd stated in the Terms as (“Modha Ales”) are suppliers of True Maharaja Cardamom Beer brewed and bottled in the United Kingdom made available for customers as stated in the Terms as (“The Buyer”) for sales to the consumer market. All Orders for ales and beers stated in the Terms as (“Products”) are subject to the agreement of the following Terms and Conditions with Modha Ales Ltd. These terms and conditions come into force at the time you place your order with us and will remain in force until you are provided with revised terms.
The following terms and conditions do not affect your statutory rights as a consumer:
1.0 Prices & Payment
1.1: Prices for our products may change from time to time, but changes will not affect any order you have already placed.
1.2: Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Modha Ales shall be subject to correction without any liability on the part of Modha Ales.
1.3: The price of the products include VAT at the applicable rate chargeable in the UK. The price of the product does not include delivery charge, this will be added during the checkout process before you confirm your order.
1.4: Payment must be made in full on our website prior to delivery or collection of your order. Invoices are based on the quantity and condition of Products established by Modha Ales when the Products leave Modha Ales premises.
1.5: We use PayPal to process our online payment. If you do not have a PayPal account you can make payment by card using PayPal, this process is done through the PayPal website. We don’t see any of your bank details.
1.6: All goods remain the property of Modha Ales until payment is received in full. All persons placing an order will be sent a receipted invoice upon request. All payments must be made in pounds sterling.
2.0: Age Restriction:
2.1: We are not permitted by law to sell alcohol to anyone under the age of 18, we work strictly with the challenge 25 policy guidelines.
2.2: By placing an order you confirm that you are 18 years old or over.
2.3: Due to the nature of the products we sell we have instructed our couriers to ask for Identification if they are in doubt of the age of the recipient on delivery. If appropriate Identification cannot be shown the delivery may be refused.
3.0: Special Offers & Availability:
3.1: Any special offers are made available only whilst stocks last and may be withdrawn at any time, without notice.
3.2: You agree that due to fluctuating stock levels, goods are available on a ‘first come, first served basis’ and we are not liable if we are unable to supply a particular product.
3.3: Discount Codes can only be used once and cannot be used in conjunction with other offers at the same time, misuse of the discount codes will result in termination of our services.
4.0: Customer Service:
4.1: We undertake to give you the best service possible but do not accept responsibility for uninterrupted services whilst ‘on-line’ due to technical problems outside of our control and are therefore unable to guarantee entirely error free services.
4.2: We shall not be liable for loss of wasted expenditure, loss of business, or earnings as a result of using our services.
5.0: Cancellation of Services by us:
5.1: You may not misuse our website. You are prohibited from posting through our website any material which is threatening, offensive or which may cause any form of inconvenience and/or anything which constitutes or encourages criminal conduct and/or anything which is technically harmful in any way.
5.2: We reserve the right to terminate your use of our services at any time, for whatever we consider misappropriate or improper use or not abiding by these terms and conditions. You will be informed of such termination in writing.
6.0: Intellectual Property:
6.1: No permission is given by Modha Ales in regards to the reproduction or use for commercial or detrimental purposes of any designs, product names, brand names and other material shown or associated with Modha Ales Ltd.
6.2: All rights in the design applications and any items contained within this site including its trademarks, intellectual properties, pictures and any text are solely owned by Modha Ales Ltd and may not be used for any other purpose.
6.3: We shall correct any inaccuracies so pointed out to us and to amend these as soon as possible. Should you have any queries relating to our terms and conditions, please do not hesitate to contact us.
7.0 Customer order:
7.1 Once The Buyer has placed an order, The Buyer will receive an email to acknowledge and confirm we have received your order. Acceptance of an order and the creation of a legally binding contract between Modha Ales and The Buyer will only occur when you receive an e-mail to confirm your order has been processed.
8.1: All deliveries are made to UK Mainland(England, Wales(excluding offshore) and mainland Scotland) if you are unsure please get in touch.
8.2: We are unable to deliver to PO Box numbers including BFPO.
8.3: Please note a signature is required upon delivery, you must be aged 18 or over to sign for delivery of alcoholic drinks. If you’re not available to take the delivery we may leave your parcel with a neighbour if you have specified to do so in the order notes box.
8.4: Where specific delivery instructions are given e.g. leave in porch, round the back etc, you are entirely responsible for goods being received where our couriers have a POD (proof of delivery), and/or inform us that the goods were ‘left as instructed’. You must ensure that any specific delivery instructions given are correct, and that the information provided, ensures a safe and accurate delivery. If goods go ‘missing’, no refunds or replacements will be issued.
8.5: If the delivery on the first attempt is unsuccessful, you will be left with a card for your acknowledgement that the delivery was unsuccessful, You can re-arrange your delivery, or arrange to collect your parcel. please follow the instructions on your card.
8.6: All necessary precautions are taken while delivering your parcel to you by our delivery services, your parcels will be handled as fragile from our premises to you. If the parcel has been damaged in transit our delivery company will not deliver the parcel to you, they will inform us and return the parcel back to our premises, we will then inform you and send out another parcel.
8.7: While every precaution will be taken to deliver the Products safely, some breakages may occur. In this event we will replace the damaged Products providing the damage occurred whilst Products are in transit or upon delivery. Any damage occurred once Products have been delivered and signed for are the liability of The Buyer. Modha Ales shall not be liable for any costs incurred for whatever reason after delivery of the Products is deemed to have taken place. Modha Ales shall not be liable for any failure to deliver the Products arising from circumstances beyond our control.
8.8: All parcels must be examined on delivery for breakages and damage any damage must be notified at the point of delivery. In the unlikely event the parcel arrives damaged, please do not sign for the parcel, once the parcel has been signed for you have deemed the parcel as satisfactory, and therefore Modha Ales and our delivery company cannot accept liability for any damage.
8.9: You will be automatically notified by email or text message when your item(s) has been despatched and also informed of when you can expect delivery.
8.10: Please note these are updated only when parcels are scanned at the couriers UK wide depots.
8.11: Modha Ales shall not be liable to The Buyer or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of Modha Ales obligations in relation to the Products, if the delay or failure was due to any cause beyond Modha Ales reasonable control.
8.12: If The Buyer or their chosen recipient, is not at home to accept delivery, our couriers will try and leave the order with your neighbour/s and a card will be left to acknowledge this. Order/Parcel/s are not left unless the carrier can obtain a signature or, where we are given specific delivery instructions at the time of order to include leave in the porch/behind garage, in wheelie bin etc. This is at your own risk. This information may be given during our checkout section by filling in the ‘order notes’ field, and your instructions will be carried out automatically and efficiently.
9.0: Order Collection:
9.1: The Buyer can collect their order, if the order is for collection, please email email@example.com, prior to proceeding with online order and payment. As you will require a voucher code to remove delivery charge and confirmation from us to arrange collection, as orders for collection are by appointment only.
9.2: You may be asked to show Identification upon collection, We are not permitted by law to sell alcohol to anyone under the age of 18, we work strictly with the challenge 25 policy guidelines, failure to present Identification will result in refusal of order collection.
9.3: The Buyer will be asked to show order confirmation email / proof of purchase in order proceed with collection, failure to present proof of purchase will result in refusal of collection of order.
9.4: If The Buyer has arranged for collection Modha Ales will not held liable for any damages incurred after the order has been signed for and collected on or off our premises.
10.0: Cancellation Of Order:
10.1: If you are a consumer, you are able to cancel any order made within 14 days after the goods are received. All credits will be issued within 48 hours of the goods being received back to our premises, providing they are received by us in the same sellable condition as when the goods left our premises, a full refund for products will be made including delivery charges paid at the time of purchase. Return delivery charges are non-refundable.
10.2: No Products may be returned to Modha Ales without the prior agreement Modha Ales. Products are to be returned within 14 days after notifying Modha Ales of the cancellation, failure to return the products within 14 days will result in no refund.
10.3: Refund will be determined; once Modha Ales have inspected the returned products; products received in 14 days in the same sellable condition will be given a full refund including delivery charges at the time of purchase.
10.4: The cost of returning the products including additional packaging and delivery charges will be the sole responsibility of the buyer and will not be refunded.
10.5: If The Buyer decides to amend or cancel the order before despatch email has been sent out, they can do so and a full refund will be made, or payment for remaining balance will be taken.
10.6: Modha Ales shall be under no liability in respect of any defect arising from any wilful damage, negligence, subjection to abnormal conditions, failure to follow Modha Ales instructions (whether oral or in writing), misuse or alteration of the Products without Modha Ales approval, or any other act or error on the part of The Buyer, or any third party.
10.7: On the rare occasions a breakage occurs or goods are faulty, we will offer a replacement or a credit on the return of the items in question. We must be notified of such within three working days and the goods returned with completed claim form within a further seven days.
10.8: We recommend you photograph the item and packaging before posting them to us, if all the packaging and contents are not provided or retained, refund may not be paid.
10.9: The buyer agrees that a false claim for compensation and refund could result in criminal prosecution.
10.10: We will require further information from you, claims and details for these are required by post or email. If a return is not possible we may ask you to email us a picture as proof of the damage. This will help us determine the cause of the damage and speed up the replacement of your items.
10.11: Should the goods ordered be returned to us because the couriers have failed to deliver despite all attempts including any new address given, telephone number given for the recipient and any other helpful information, we will either give you a credit, less the orders delivery charge or re-despatch on your instruction and the additional costs incurred for the re-delivery will be charged against your account.
11.1: Modha Ales Ltd is committed to protecting your privacy. All information provided by you is strictly confidential. Your personal information will never be shared, distributed or sold.
11.2: When you place an order with us you must provide contact information; name, contact mobile number, email, delivery address and we will ask for date of birth as we work strictly with the challenge 25 policy, we cannot sell alcohol to anyone under the age of 18. We use this information for billing purposes only you will need to provide all mandatory information as your order cannot be completed without the relevant information. If we have trouble processing your order we will use the contact details provided by you to contact you. Your telephone number is required for shipping purposes; we’ll contact you in case there are any delays or other issues regarding your delivery. The email address you provide will be used strictly to notify you of any offers, or forthcoming events advertised on our website.
12.1: 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.
13.0: Warranties and Liability
13.1: Modha Ales warrants that Products shall correspond with their specification at the time of delivery and will be of merchantable quality.
13.2: Modha Ales only liability in respect of Products supplied in breach of such warranty, whether arising out of negligence or otherwise, shall be at its decision, to grant credit at the invoiced price or to replace such Products as soon as reasonably possible provided that in all cases the alleged faulty Products are returned within fourteen days from the date of delivery and are found after examination not to have complied with the above warranty. Occasionally some Products may have labels that may contain air bubbles or creases this does not count as a faulty product.
13.3: Modha Ales shall be under no liability in respect of any defect arising from any wilful damage, negligence, subjection to abnormal conditions, failure to follow Modha Ales instructions (whether oral or in writing), misuse or alteration of the Products without Modha Ales approval, or any other act or error on the part of The Buyer, its employees or agents or any third party.
13.4: No Products may be returned to Modha Ales without the prior agreement in writing with Modha Ales. Subject to any Products returned which Modha Ales is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection may be replaced free of charge or, at Modha Ales sole discretion Modha Ales may refund or credit to The Buyer the price of the defective Products but Modha Ales shall have no further liability to The Buyer.
13.5: The Buyer shall ensure that, except to the extent that instructions as to the use or sale of the Products are contained in the packaging or labelling of the Products, any use or sale of the Products by The Buyer is in compliance with all applicable statutory and other regulatory requirements and that the storage and handling of the Products by The Buyer is carried out in accordance with directions given by Modha Ales or any competent governmental or regulatory authority and The Buyer will indemnify Modha Ales against any liability loss or damage which Modha Ales might suffer as a result of The Buyer’s failure to comply with this condition.
13.6: Modha Ales shall not be liable to pay any compensation to you, other than any refund amount as provided in the invoice the amount stated for Products if after examination are deemed un-merchantable. In particular, but without limitation, Modha Ales will not be liable to you for loss of profit, damage to goodwill or any indirect or consequent loss or damage arising out of any damage, defect, negligence or other failing on our part.
Nothing in these terms shall limit any rights you may have which are not capable of being lawfully excluded or limited, nor shall it exclude or restrict our liability to you for any death or personal injury resulting from our negligence.
14.0 Governing Law:
14.1 This agreement, which sets out our terms of business with The Buyer, shall be governed by and construed in accordance with English law and all parties shall submit to the exclusive jurisdiction of the English courts.
If you have any questions or complaints please email firstname.lastname@example.org or write to Modha Ales Ltd, 3 Oswin Road, Leicester, LE3 1HR