An Order constitutes an offer by the Client to purchase the Products in accordance with these Terms & Conditions. The Client is responsible for ensuring the terms of the Order are complete and accurate. – Orders are deemed accepted upon receipt of email confirmation such as automatic web shop emails from Stock My Bar.co.uk.
Diverse Beers agree to deliver the Products to the Client’s location, on the scheduled day, free of charge provided that:
-1- The delivery location is within our standard operating areas.
-2- The Order total is above the minimum required for the Client’s location.
Diverse Beers are under no obligation to deliver Products outside the standard operating areas or below the minimum Order requirement. Where third party courier / delivery is Ordered then these charges are payable by the Client.
Diverse Beers shall not be liable for any delay or failure in delivery due to Product, Vendor, administration, Order-picking or technical error / failure or due to a force majeure event. In the event Client does not or can not take delivery of the Products upon delivery, and the Client requires a re-delivery, Diverse Beers are entitled to charge the Client a reasonable fee for time, storage and re-delivery, the same entitlement applies if a Client fails to provide adequate delivery instruction or other relevant information. If re-delivery is not arranged within a required time period then Diverse Beers are entitled to implement Order cancellation and raise an invoice for services provided and any value loss or shortfall to the Products. Where Diverse Beers supply Ordered Products by instalment; each delivery shall be invoiced and paid for separately and each instalment shall constitute a separate Order.
Original product outer packaging, for cans, bottles, merchandise etc is not guaranteed and relates to Order quantity and availability. Diverse Beers may use unrelated product boxes and their own branded boxes for distribution.
PAYMENT & LIABILITY
The Client shall pay the invoice in full at the time delivery is completed, payment is made by cash or by advance cleared funds. The Client shall pay all invoiced amounts due in full without any deduction or claim.
If the Client has a pre-approved credit account then payment terms will be set on an individual basis as notified. If the Client fails to make any payment due then Diverse Beers retain the right to apply interest on the overdue amount at the rate of 4% above the Bank of England’s base rate. Such interest accrues on a daily basis until paid in full. The Client shall pay the interest together with the overdue amount. If the Client fails to make a payment, threatens non-payment or is unable to make a payment then Diverse Beers may implement Client cancellation, cease to provide any service and all outstanding amounts shall become immediately due. The Client shall also become liable for all reasonable expenses incurred in debt collection and any further proceedings. Diverse Beers shall notify any Client before implementing any third party credit assessments. Diverse Beers may, at it’s sole discretion, withdraw or amend any credit account without notice.
Title to Products shall not pass to the Client until payment is received in full (in cash or cleared funds). Until such time, Products provided by Diverse Beers should be insured, stored properly and separately from other items and remain readily identifiable as property of Diverse Beers. On request the Client shall allow Diverse Beers to inspect such goods and relevant insurance policy. Diverse Beers shall be entitled, at any time following the date upon which payment is due, enter Client premises or any premises where the Products are stored and repossess the same. The Client consents to allow Diverse Beers premises access for this purpose. The Client shall reimburse Diverse Beers for all reasonable expenses and fees incurred, including legal expenses.
Excluding terms implied by the sale of goods act and / or consumer protection act, Diverse Beers shall under no circumstance be liable to the Client for any loss of profit or any indirect or consequential loss arising under or in connection with a service. The total liability applicable to Diverse Beers shall not exceed the price of the Products delivered.
Genuine errors can occur in listing product price and detail, neither Diverse Beers or any relevant Vendor / Brewery are required to fulfill any Order where an error is identified. In this rare event an option is given to re-confirm the Order with the correct detail or Order cancellation.
One-way kegs / containers are the Client’s responsibility for responsible disposal. Other vessel’s remain the property of the Brewery / keg rental provider and financial penalties can be applied for non return / late return.
Diverse Beers are VAT registered and all published prices are subject to the relevant rate of VAT.
ORDER CANCELLATION & AMENDMENT
Please notify us straight away should any delivery include a broken, damaged or spoiled item. We operate a Satisfaction Guarantee on the quality of products we offer which does not extend to minor issues such as label scratches or minor keg/cask denting which do not affect dispensing. Diverse Beers warrant that, upon delivery, the Ordered Products shall conform with description and quality. The Client shall inspect the Products upon delivery and notify Diverse Beers, within 3 days, should any Product be deemed below satisfactory quality within the meaning of the sale of goods act. The Client is required to stop using any Product the moment any quality issue is raised. Notifications may not be acceptable should the Client have altered any Products or be responsible for quality issues in terms of abnormal storage, negligence or lack of good trade practice. In the event of a supplier recall, the Client shall not be entitled to compensation of any kind beyond replacement or refund, such situations are treated as a force majeure event. Product risk is passed to the Client upon delivery. Diverse Beers require opportunity to examine, collect, replace or refund such Products.
Client confirms that all people authorised to make an Order are at least 18 years old. ID may be required If our distributor / courier is in any doubt about the age of the recipient – delivery will not be possible if ID is not provided.
Client registration is not guaranteed and service can be refused / withdrawn at any time for any reason.
Photo ID may be requested during the registration process or at any time, Client grants permission to Diverse Beers to store and take photo’s for ID and security purposes.
Diverse Beers are entitled to regard any person representing the Client as authorised to place an Order, unless informed otherwise in writing.
Client communications and Order details may be passed to the relevant Brewery Vendor for the purposes of Order fulfillment.
Diverse Beers may, at it’s sole discretion, subcontract and use third parties, in fulfilling any service.
The Client may not assign any obligation, payment or otherwise, to any third party without prior written permission from Diverse Beers.
Diverse Beers may utilise and publish Client comments, testimonials, reviews, logo’s and suitable photographs for marketing purposes unless instructed otherwise in advance.
Prices are subject to market fluctuation and excise duty alteration without notice.
Any Client requested variation to these Terms & Conditions shall only be binding when agreed in writing and signed by Diverse Beers.
The Client agrees not to act as a representative, partner, agent or employee of Diverse Beers and agrees that Diverse Beers are not liable for any representation, act or omission to act by the Client. Diverse Beers reserve the right to request that any individual or organisation remove any internet link or other published affiliation that is deemed unacceptable or misleading.
Services are governed by English Law and if any Court or authority finds that any provision or part of these terms are invalid then only that part is deemed unenforceable and the validity of all other provisions are not affected. Diverse Beers may apply minimum modifications to make all provisions valid.
Diverse Beers reserve the right to limit / restrict any Order(s) that is deemed unreasonable for wholesale trade.
Diverse Beers reserve the right to refuse service / access to any individual or organisation that is deemed unreasonable for wholesale trade.
Diverse Beers reserve the right to change these Terms & Conditions by updating this page.
Contact: Diverse Beers, Staden Lane Business Park, Buxton, Derbyshire, SK17 9RZ
Proprietor: Andy Kenworthy
Telephone: 01298 212 394