Terms and Conditions
These Terms and Conditions apply to purchases made through https://cainbrook.comfrom KJM Process Limited, trading as Cainbrook Distillery (“we”, “us”, “our”).
Our details are:
Business name: KJM Process Limited Trading name: Cainbrook Distillery Registered/business address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ Company number: 12941097 VAT number: N/A Email:info@cainbrook.com Please read these Terms before placing an order. By placing an order through our website, you agree to be bound by them.
Nothing in these Terms affects your statutory rights as a consumer.
1. AGE RESTRICTION – YOU MUST BE 18 OR OVER
It is illegal to sell alcohol to anyone under the age of 18.
By ordering alcohol from us you confirm that:
· you are aged 18 or over;
· the information you provide regarding your age is accurate; and
· where the order is being sent to somebody else, that person is also aged 18 or over.
We may use age-verification measures when an order is placed.
Our delivery partners may also operate a Challenge 25 or equivalent age-verification policy. Anyone receiving an alcohol delivery who appears to be under 25 may therefore be required to produce acceptable photographic identification showing that they are aged 18 or over.
Acceptable identification will normally include a passport, photographic driving licence or recognised PASS-accredited proof-of-age card.
We and our delivery partners reserve the right to refuse to hand over alcohol where satisfactory proof of age cannot be provided.
Alcohol must not be purchased on behalf of a person under 18.
2. ABOUT OUR ALCOHOL LICENCE
Alcohol sold through our website is allocated to customer orders and dispatched from appropriately licensed premises at:
[Court Cottage, 42 Coughton Hill, Alcester, B49 5HX]
Our online sales and fulfilment procedures are operated in accordance with the conditions applying to our premises licence.
Orders may be submitted through the website at any time, but the allocation and sale of alcohol will only take place when permitted by our premises licence.
3. PLACING AN ORDER
When you place an order, you are making an offer to purchase the products shown in your basket.
After receiving your order we will normally send you an email acknowledging receipt. This acknowledgement does not necessarily mean that we have accepted your order.
A contract between you and us is formed when we accept your order and allocate the products to your order for dispatch.
We reserve the right to decline or cancel an order before dispatch, for example where:
· a product is unavailable;
· payment cannot be authorised;
· we have reasonable concerns regarding the purchaser’s age;
· the delivery address is unsuitable for an alcohol delivery;
· a pricing or product-description error has occurred;
· we reasonably suspect fraud or misuse of our website; or
· fulfilling the order would breach our premises licence or applicable law.
If we cancel an order for which you have already paid, we will refund the amount paid.
4. PRODUCTS
We take reasonable care to describe our products accurately.
Product photographs are illustrative. Colours, labels, corks, closures, packaging and presentation may vary slightly between production batches.
The alcoholic strength, bottle volume and other important product information will be shown on the relevant product page or bottle label.
As a small-batch producer, natural variations may occur between batches. These variations are part of the nature of small-scale production and do not constitute a defect provided that the product remains as described, of satisfactory quality and fit for its normal purpose.
5. PRICES
Prices are shown in pounds sterling (£).
Delivery charges are shown separately before you complete your purchase.
We may change our prices at any time, but changes will not normally affect an order which we have already accepted.
If an obvious pricing error occurs, we are not obliged to supply a product at an incorrect price where you could reasonably have recognised that the price was an error. We will contact you and give you the choice of proceeding at the correct price or cancelling the order for a full refund.
6. PAYMENT
We accept the payment methods shown on our website.
Payment must be authorised before we dispatch an order.
You confirm that you are authorised to use the payment method supplied.
Payments may be processed on our behalf by third-party payment providers. We do not normally receive or retain your complete payment-card details.
7. DELIVERY
We currently deliver to the UK mainland.
Any areas to which we cannot deliver will be identified on our website or during checkout.
Estimated delivery times are estimates rather than guarantees unless we have expressly agreed a specific delivery date with you.
Unless another period has been agreed, goods will normally be delivered within 30 days of our acceptance of your order.
Alcohol deliveries
Because your order contains alcohol:
· somebody aged 18 or over must be available to receive it;
· proof of age may be requested;
· alcohol may not be left where the carrier’s alcohol-delivery rules prohibit unattended delivery;
· the carrier may refuse delivery if appropriate identification cannot be provided; and
· the carrier may refuse delivery where it would be unlawful or unsafe to complete it.
Where a delivery fails because nobody eligible to receive the alcohol was available, or satisfactory identification could not be produced, you may be responsible for reasonable re-delivery or return-to-sender costs actually incurred by us, where permitted by law.
Please ensure that the delivery address is accurate when ordering.
8. GIFTS
You may purchase our products as gifts provided that both you, as purchaser, and the intended recipient meet all applicable age requirements.
The recipient must be aged 18 or over.
The delivery driver may require the person accepting the gift to provide proof of age even where the purchaser has already completed age verification online.
Please do not send alcohol as a surprise gift to someone if you are unsure whether an adult will be available to accept delivery.
9. DAMAGED, BROKEN OR INCORRECT ORDERS
Please contact us as soon as reasonably possible if your order:
· arrives damaged;
· contains a broken or leaking bottle;
· is incorrect;
· is missing an item; or
· appears defective.
Please retain the product and packaging and, where reasonably possible, send us photographs so that we can investigate the problem with our courier.
Depending upon the circumstances, we will offer an appropriate remedy.
Where goods are faulty, damaged, not as described or otherwise do not meet your statutory rights, we will meet the reasonable cost of returning them where a return is required.
Nothing in this section limits your rights under consumer law.
10. YOUR RIGHT TO CHANGE YOUR MIND
Consumers have a statutory right to cancel their purchase.
You have 14 days beginning on the day you place your order to request a cancellation.
To cancel, contact us at:
You should include your name, address, email address and order number.
Returning products
If we accept your cancellation, we will supply you with an age-verified return label. All returns should be reasonably packaged and returned with seal intact and in a resalable condition. Goods will be inspected upon return.
Refunds following cancellation
Where the return meets qualifying conditions, we will refund the price paid for the returned products; less
· the cost of return shipping.
· a mandatory inspection and re-stock charge of £8.
Refunds will normally be made using the original method of payment and within the period required by law.
11. PROMOTIONS AND DISCOUNT CODES
Promotional offers and discount codes may be subject to separate conditions displayed with the relevant promotion.
Unless otherwise stated:
· discount codes cannot be exchanged for cash;
· only one promotional code may be used per order;
· a code must be entered before the order is completed;
· promotions are available while stocks last; and
· promotions may have an expiry date.
We will not withdraw a promotion retrospectively from an order which has already been validly accepted merely because we later decide to end the promotion.
12. AVAILABILITY
Our products are produced in small quantities and availability may therefore change quickly.
Adding a product to your online basket does not reserve it.
If a product becomes unavailable after you order it, we will contact you and either:
· offer an appropriate alternative for you to accept or reject; or
· refund the unavailable product.
We will not substitute a materially different alcoholic product without your agreement.
13. RESPONSIBLE CONSUMPTION
Our products are alcoholic drinks intended for responsible consumption by adults aged 18 and over.
Please drink responsibly.
Information concerning alcoholic strength is displayed on our bottles and product descriptions.
14. RESALE
Products purchased through our consumer website are intended primarily for personal consumption or gifting.
If you wish to purchase our products for resale, hospitality, retail or other commercial purposes, please contact us so that appropriate trade arrangements can be agreed.
15. OUR RESPONSIBILITY TO YOU
We are responsible for losses you suffer which are a foreseeable consequence of our breach of these Terms or our failure to use reasonable care and skill.
We are not responsible for losses that were not reasonably foreseeable when the contract was entered into.
Where you purchase products as a consumer, we are not responsible for business losses such as loss of profit, revenue, contracts, business opportunity or business interruption.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for:
· death or personal injury caused by negligence;
· fraud or fraudulent misrepresentation; or
· your statutory rights relating to goods, including the requirement that goods are of satisfactory quality, fit for purpose and as described.
16. EVENTS OUTSIDE OUR REASONABLE CONTROL
We will not be responsible for delay or failure caused by circumstances outside our reasonable control.
These might include severe weather, transport disruption, strikes, carrier failures, fire, flood, widespread IT or telecommunications failures or other exceptional events.
If such an event materially affects your order, we will take reasonable steps to minimise the effect and keep you informed where appropriate.
Your statutory rights, including rights relating to excessive delay, remain unaffected.
17. PERSONAL INFORMATION
We use personal information in accordance with our Privacy Notice.
Our Privacy Notice explains what information we collect, why we collect it, how it is used, how long it is retained and your rights in relation to your personal data.
18. INTELLECTUAL PROPERTY
The content of our website, including our brand names, logos, product names, photographs, designs, illustrations and written material, belongs to us or is used by us with permission.
Nothing in these Terms transfers any intellectual-property rights to you.
You may not use our branding, photographs or other protected material commercially without our permission.
19. COMPLAINTS
We want customers to be happy with our products and service.
If you have a complaint, please contact:
Email: info@cainbrook.com We will try to resolve complaints promptly and fairly.
20. CHANGES TO THESE TERMS
We may update these Terms from time to time, for example to reflect changes in our products, business practices or applicable law.
The Terms applying to an order will normally be those displayed on our website when the order was placed.
21. IF PART OF THESE TERMS IS INVALID
If a court or other competent authority finds that part of these Terms is invalid or unenforceable, the remaining provisions will continue to apply.
22. OUR FAILURE TO ENFORCE A TERM
If we do not immediately insist that you comply with an obligation under these Terms, this does not mean that we have waived our right to enforce it later.
23. THIRD-PARTY RIGHTS
These Terms are between you and us. Unless expressly stated otherwise, no other person has a right to enforce them.
24. GOVERNING LAW
These Terms are governed by the law of England and Wales.
If you are a consumer resident elsewhere in the United Kingdom, you will continue to benefit from any mandatory consumer protections applying where you live and may have the right to bring proceedings in your local courts.