Terms & Conditions

Terms & Conditions

All products are offered subject to availability.
No persons under the age of 18 are permitted to view this website or to purchase any goods from it.
Prices quoted are subject to brand owner and duty increases from time to time.  Pivovar Ltd (the “Company”) will endeavour to inform customers of these increases at all times however this may not always be possible.

 

Return, Cancellation and Refund Policy

Goods may be cancelled prior to the delivery date by contacting the sales office 48 hours before scheduled delivery.  If a consignment has already been loaded into a delivery vehicle or collected by a haulier then the full delivery charge will still be levied.
All goods must be examined on delivery and claims or breakages, or loss, must be notified at the point of delivery.  Pivovar Ltd will not accept any responsibility for breakages or loss after the goods have been signed for or proof of delivery obtained. 
Any omissions or breakages from the delivery will be deducted from your invoice and a new invoice issued.  If possible Pivovar Ltd will attempt to organise the re-deliver any missing items. 
Any ullage requiring compensation should be communicated immediately to Pivovar Ltd sales team.  A claim form will be provided which needs to completed in full and the product clearly marked so that is can be identified.  Wherever possible Pivovar will provide a replacement product.  Where this is not possible a credit note will be issued.

 

Retention of Title:

In the event of sale of the goods by the customer prior to payment, the customer shall hold the proceeds of the sale as the trustees for The Company in such a way as to be identifiable as the property of The Company.
Where it is not possible to identify the specific goods then we reserve the right to claim for all monies outstanding.

 

Best Before Dates

Pivovar Ltd will not knowingly supply products within the time periods set out below without prior consultation with the customer, all items in the special offers section are excluded.

Cask Beers – 7 days
Keg Beers – 10 days
All packaged items – 30 days.
By Purchasing from Pivovar Ltd you agree that you are not breaching any third party tie.
Goods are NOT supplied on a ‘sale or return’ basis unless an agreement has been made in writing prior to delivery and may attract a 5% return fee.
By accepting a delivery from Pivovar Ltd you are deemed to have accepted the Terms and Conditions.

 

Pivovar Ltd – Customer Credit Terms and Conditions of Sale (Incorporates Personal Guarantee)

IMPORTANT – IF ORDERING USING CREDIT THIS CLAUSE MAKES YOU PERSONALLY LIABLE

These Terms and Conditions (“Terms”) govern the supply of goods and services by Pivovar Ltd (“the Supplier”, “we”, “us”) to any business customer (“the Customer”, “you”). By placing an order, you agree to be bound by these Terms.

1. Definitions

1.1 “Goods” means any products supplied by the Supplier to the Customer.
1.2 “Services” means any ancillary services provided by the Supplier.
1.3 “Order” means the Customer’s request to purchase Goods or Services from the Supplier digitally evidenced for example by online order, invoice, proof of delivery, timestamp and IP address.
1.4 “Director” means any person who is or was at the time of order a director of the Customer company that made or received delivery of the order, as registered at Companies House.

2. Orders & Acceptance

2.1 All Orders are subject to acceptance by the Supplier in writing or by delivery of the Goods.
2.2 The Supplier may refuse any Order at its sole discretion.

3. Prices & Payment

3.1 Prices are exclusive of VAT unless stated otherwise.
3.2 Payment is due on the terms agreed iand shwon in writing on each order invoice.
3.3 If payment is not made on time, the Supplier may suspend deliveries and charge interest at 8% above the Bank of England base rate, plus all reasonable recovery costs.

4. Delivery

4.1 Delivery dates are estimates only. The Supplier shall not be liable for any delay in delivery.
4.2 Risk in the Goods passes to the Customer upon delivery. Title remains with the Supplier until payment in full is received.

5. Personal Guarantee by Directors

IMPORTANT – READ CAREFULLY: This clause creates a personal legal obligation on company directors that have credit applied to their Pivovar Ltd account.

5.1 In consideration of the Supplier agreeing to supply Goods and/or Services to the Customer, each Customer that places an Order or otherwise agrees to these Terms on behalf of the Customer in the capacity of a company director (“the Guarantor”) personally guarantees to the Supplier the due and punctual payment of all sums owed by the Customer to the Supplier.

5.2 This guarantee is a continuing personal obligation and shall remain in force until all sums owed by the Customer to the Supplier are paid in full, notwithstanding:

  • The Customer entering administration, liquidation, receivership, or any other insolvency process;

  • The Customer being dissolved or ceasing to trade; or

  • Any change in the Customer’s ownership, management, or legal status.

5.3 The Supplier will only demand payment from the Guarantor after first making a demand on the Customer.

5.4 The Guarantor acknowledges and agrees that:

  • This is a binding legal obligation enforceable against them personally;

  • They have had the opportunity to obtain independent legal advice before agreeing;

  • This guarantee is in addition to any other rights or remedies available to the Supplier.

5.5 Where more than one director acts as Guarantor, their liability shall be joint and several.

6. Termination

6.1 The Supplier may terminate the agreement immediately if the Customer fails to pay any sum due, becomes insolvent, or breaches these Terms.
6.2 Termination shall not affect the Supplier’s right to recover any sums due, including under the personal guarantee.

7. Limitation of Liability

7.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

8. General

8.1 These Terms constitute the entire credit agreement between the parties.
8.2 If any provision is held invalid, the remainder shall continue in full force.
8.3 These Terms are governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

 

Privacy Statement

Pivovar Ltd will use Information which you provide to us on this website ('Personal Information') to provide and enhance our services to you. We also use cookies to make our site easier to use. Other purposes for which we may use your Personal Information include dealing with enquiries, tailoring our services to your requirements and preferences, market research, competitions.
Occasionally, we may also wish to use your Personal Information to inform you about goods, services, promotions or competitions which we think may interest you.
Your Personal Information will be processed in accordance with local law and will not be sold to third parties.
Choice of law and jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. We both agree, for the exclusive benefit of Pivovar Ltd, that the Courts of England shall have the exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this Agreement; save that, it is agreed that this clause confers jurisdiction for the benefit of Pivovar Ltd only and Pivovar Ltd shall reserve the right to bring proceedings against you in the Courts of any other country, which has jurisdiction.

 

General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
Headings in these Terms are for convenience only and will have no legal meaning or effect.
These Terms cannot be varied except in writing by a director of Pivovar Ltd.  Please read these Terms carefully before agreeing to them. If you are uncertain as to your rights under them or if you have any queries or comments about them, please contact us at sales@pivovar.co.uk or seek independent legal advice.