Terms & Conditions
Access to this Website and the use of information on it is subject to these Terms and Conditions of Use. You should carefully read these Terms and Conditions of Use. By proceeding further, you will be deemed to have accepted them.
Definitions
In these Terms and Conditions of Use, the following terms shall have the meanings indicated:
• "Terms and Conditions of Use" - means the terms and conditions of use of this Website herein contained;
• HomeBrew.ie - means the business registered under the trading name Best Brew, with registered address at; Main Street, Templemore, Co. Tipperary, Ireland .
• "Home Brew Website" and "Website" mean this website, being a website accessible at or via any or all of the following internet addresses: (i) www.homebrew.ie
• "Privacy Policy" means our statement of practice as regards the privacy and security of your information when accessing and/or using this Website and any of the features hereon (you can read a copy of the Privacy Policy by clicking here)
• "You" means any and all persons accessing or using this Website and/or availing of any information and/or services available on or via this Website;
• "We" and "our" and "us" means Home Brew and Home Brew Website
Governing Law and Jurisdiction
Information appearing on this Website is provided in accordance with and subject to the laws of the Republic of Ireland and the laws of the Republic of Ireland government the conduct and operation of this website. The courts of the Republic of Ireland have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with these Terms and Conditions of Use, the information contained on this Website, and any use made of that information. Any such claims or disputes shall be resolved in accordance with the laws of the Republic of Ireland.
Disclaimer as to accuracy of information
Care has been taken in the preparation of the information contained on this Website. However, we do not make any representations or warranties as to the accuracy of the information contained on this Website.
Prohibited use of Website
The information on this Website is not intended to be provided to and should not be used in any state or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this Website or otherwise. If you have any doubts about the legality of your using this Website, you should not continue any further.
Amendments
The contents of this Website, including these Terms and Conditions of Use, any information contained on this Website and our Privacy Policy are subject to change and to being updated without notice from time to time.
Hypertext links
• This Website contains hypertext links to websites not maintained by Home Brew or any member of Home Brew. Neither Home Brew nor Home Brew endorses or represents the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other websites. No member of Home Brew is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such websites. Home Brew hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result either: (a) of accessing or using such websites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such websites. The use by you of such websites is at your sole risk.
• This Website contains hypertext links to websites maintained by members of Home Brew other than Home Brew. You are reminded that different terms and conditions of use may apply to you as a user of such websites.
• No third party is permitted to create a link from another website to this Website without our prior written consent.
Security
Alert - Hoax Emails
A number of organisations and their customers have recently been the target of hoax e-mails that are aimed at gathering Internet/account details of the customers. Some of these hoax e-mails have encouraged or facilitated contact with hoax websites that purport to be (but are not) the website of the relevant banking organisation. To date the occurrence of such online fraud has not been extensive. However, we would always advise you to be cautious as regards disclosing your personal details. In particular, you should note that we will only ever request your personal details if: (i) you are seeking to initiate an order via this Website; or (ii) you initiate a request for a particular service via this Website, and we require certain of your personal details to provide you with the requested service.
At Home Brew we are committed to ensuring the privacy of your information and seeking to attain the highest standards of security at all times. However, you should note that messages and information passing over the Internet may not be free from interference by third parties and should be independently verified. You should never disclose data over the Internet unless you have satisfied yourself as to the security of the related technology/encryption.
Whilst we at Home Brew invest in the Home technology, please note that Home Brew cannot guarantee the privacy or confidentiality of information relating to you that passes over the Internet. In accessing this Website and in availing of any of the services/information available on or via this Website, you are deemed by these Terms and Conditions of Use to accept that electronic mail messaging and Internet communication may not be free from interference by third parties and may not remain confidential.
In all circumstances the use by you of this Website is at your sole risk.
Privacy Policy
Home Brew will use your personal data in the manner set out in its Privacy Policy. However, in the event of a conflict between the Privacy Policy and these Terms and Conditions of Use, the Terms and Conditions of Use shall prevail.
General disclaimer of liability
• No member of the Home Brew (or any other person involved with the provision and maintenance of this Website) takes any responsibility for the accuracy of the information provided on this Website. Use of such information is at the user's sole risk. No member of the Home Brew accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:
(i) use of this Website, including but not limited to any electronic mail messaging and Internet communication that may arise from, in the course of or pursuant to such use; and/or
(ii) reliance on the information contained in this Website, whether:
(a) downloaded or not;
(b) authorised or not.
• Home Brew makes no representation or warranty or undertaking of any kind in relation to the analysis or information contained on this Website or the completeness or accuracy of such information.
Right of Home Brew to information on this Website
The information contained on this Website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of Home Brew.
Attempted use of Website
These Terms and Conditions of Use shall also apply, subject to alteration as necessary, to attempted access of the Website and attempted use of information on it.
General
• In the event that any provision in these Terms and Conditions of Use is held to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by the laws of Republic of Ireland .
• Clause headings in these Terms and Conditions of Use are for reference purposes only and shall not be used to construe or determine the meaning of any or all of these Terms and Conditions of Use.
Copyright©
It is a condition of use of this site that all copy and material shown here remains the property of Home Brew and may not be reproduced, quoted or disseminated without prior written approval of the owners.
Home Brew Terms And Conditions For Orders
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Home Brew ("we/us") makes this website (the " Home Brew Site") available to you.
• Home Brew Products
1.1 All Products as depicted on this website (as may be varied from time to time) are available for delivery everywhere in Ireland.
1.2 Some Products, Flowers and Plants may be harmful or poisonous, if you require further information before submitting an order please contact the Home Brew Customer Service Team using the contact details set out in Section 6 below.
1.3 All Home Brew Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Home Brew Product of equivalent value and quality without notice.
1.4 In the event that we are unable to supply the Home Brew Product or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
• Prices Displayed On The Home Brew Site May Be Changed Without Notice
2.1 Prices listed within the Home Brew Service are valid for a maximum of 14 days of submitting your purchase form. Prices that change after this period will be advised in advance and you will be offered the opportunity to cancel your order.
2.2 Prices include VAT for deliveries within Ireland.
• Orders / Payment
3.1 You will be given clear instructions to follow to navigate the Order Form and you shall be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. We accept payment by all major credit and/or debit cards valid for use in Ireland. By clicking on the 'check out' button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Home Brew site.
3.2 Submitting your Order Form is subject to our acceptance of this offer when we issue a written confirmation of acceptance by e-mail to the e-mail address with which you have addressed us. This message will re-confirm elements of the order(s) you have placed including confirmation of your delivery Date. We will not consider ourselves bound by a contract with you until we have issued this confirmation.
3.3 We will confirm your order details and advise you that we are processing your purchase when we e-mail you. You are responsible for ensuring the detail of your order. Please read your confirmation carefully as we will assume the detail shown to be correct and will not accept liability for errors not advised to us prior to delivery.
3.4 We cannot accept Order Forms from customers under the age of eighteen (18) years,or in any event from any customers under the legal age .
• Delivery
4.1 Home Brew Delivery Charge as advised in our delivery section will be applicable. If you request delivery to remote areas which are not normally delivered to by Home Brew you will be advised of any additional charges as soon as possible after receipt of your Order Form. Selected products are not available for delivery to certain areas - where possible we will advise you of these restrictions when you place your order.
4.2 Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. We highly recommend that you provide us with your Mobile Number for this purpose.
4.3 Certain products may be delivered during a delivery period, providing delivery within a time frame around your preferred delivery date - if this is the case for your order, we will advise you after you have completed your order form.
4.4 In the instance of there being difficulties in delivering your order to the intended recipient we reserve the right to contact the recipient using the contact details you provide on the Order Form.
4.5 Delivery Charges. Where more than one attempt to complete delivery is necessary, because of any inadequacy in the information provided for delivery purposes or where the recipient was unavailable to accept delivery, the delivery charge portion of an order may be charged again, using the payment details provided with your original order.
A notification of the charges will be sent by email to the email address provided as part of the order process.
• Cancellation
5.1 Orders may be amended or cancelled up to 24 hours before the intended delivery date.
5.2 To amend or cancel your order, please contact the Home Brew Customer Service Team from 10am until 6.00pm Monday to Friday.
5.3 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
• Home Brew® Customer Services
6.1 In the event that you are not satisfied with the Home Brew Service any complaints should be addressed in the first instance to:
By email: brewing@homebrew.ie
By telephone: +353 873936162
By post: Customer Care
Home Brew.ie
Grallagh
Loughrea
Co: Galway
You are always welcome to send comment, critical or complimentary to brewing@homebrew.ie
6.2 Our Customer Service Team is available from10am until 6.00pm Monday to Friday.
• Disclaimer
7.1 Whilst we agree to use our reasonable endeavours to ensure that the Home Brew Site and/or the Home Brew Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Home Brew Site and/or the Home Brew Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Home Brew Site and/or the Home Brew Service impossible or impractical.
7.2
(a) Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of [5] times the price you have paid for the Home Brew Products.
(b) Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Home Brew Site and/or the Home Brew Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Home Brew Products supplied.
(d) Subject to clauses 1.5 and 4.6 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.
• General
8.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Home Brew Site from time to time. We will post any changes on the Home Brew Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Home Brew Site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
8.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Home Brew Site for any reason at any time.
8.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Home Brew Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
8.5 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
8.6 Your purchase will be deemed to have occurred in the Republic of Ireland. These Terms and Conditions shall be governed by and construed in accordance with Irish Law and the parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland.
• Copyright
• It is a condition of use of this site that all content and material remains the property of Home Brew and may not be reproduced, quoted or disseminated without prior written approval of the owners.
• It is a condition of use of this site that all copy and material shown here remains the property of Home Brew and may not be reproduced, quoted or disseminated without prior written approval of the owners.
My Account Service - Terms And Conditions
1 . The www.homebrew.ie my account service ( 'my account' ) is provided as a complimentary feature by Home Brew for your personal use subject to these Terms and Conditions. In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information which we collect will be used solely for the purposes of providing the Service.
2 . To register with the Service you must be over eighteen years of age or over the legal age limit
3 . When you place your first order with us you will be issued with a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately. Should you forget your password, please use the password reminder service (this option can be found adjacent to the My Account login box).
4 . If Home Brew has reason to believe that there is likely to be a breach of security or misuse of the Service or site, we may require you to change your password, or may suspend use of the Service.
5 . You must ensure that the details you provide on registration or at any time are correct and complete.
6 . You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update the details you have given us at any time by going to the 'My Account' section of the website OR emailing brewing@homebrew.ie . This will ensure that the Service we provide is accurate and up to date. Please also visit this page OR email us if any of the information that we hold about you is incorrect or needs updating, or if you want us to delete any personal information.
7 . Use of the Service is intended to assist with purchases to be made via the Home Brew website www.homebrew.ie ('the Site'). The Service must not be used for the following purposes:
a) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
b) Gaining unauthorised access to other computer systems.
c) Interfering with any other person's use or enjoyment of the Site.
8 . Home Brew reserves the right to refuse to post material on the Site, or to remove material already posted on the Site.
9 . Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of this Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, Home Brew cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service.
10 . Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.
11 . These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement, a copy of which can be viewed here. Home Brew are committed to protecting your privacy, the Site Privacy Policy can be viewed here.
12 . If you have any queries please contact Home Brew Customer Services on:
By email: brewing@homebrew.ie
By telephone: +353 (0) 87 3936162
By post: Customer Care
Home Brew.ie
Grallagh
Loughrea,
Co: Galway
13 . We have obligations in relation to your personal information under the Data Protection Act. Some of the information you provide may be "sensitive" information under the Act (i.e. information on "delicate" matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexual life etc). By registering for the Service and providing your details, you agree to us using information in the way set out above.
Where you provide information about other people (for example their date of birth, or their address) you also confirm that have the consent of these people to provide us with that information.
14. Payments. Your order will become binding as soon as we recieve payment by whichever method is chosen and cleared funds are in the company bank account, The cardholder will be debited on completing the order and checking out on the final page.
15.Cancellations, Refunds and Returns policy.is in accordance with the Uk and Irish selling regulations, Before returning any item to us please contact us to request a refund reference number(s) any items returned without this may take longer to process and refund as it is more difficult to locate your details.
All correspondense must be made in writing either via email or post telephone conversation is not an accepted method of cancellation.
If you return items to us without notification and prior permission an additional administration fee of €10 plus the full shipping charge will apply.
If you decide that you placed the order in error, the items you have ordered may be returned in their original condition and packaging ( unopened, not used or worn) at your expense for exchange or refund within 7 days of goods being delivered please contact us for a returns number.
We accept no liability for loss or damage during return transit and reccomend you take out adequate transit insurance to cover the full cost of the order in case of damage, loss or theft during transit, Confirmation of posting is no guarantee of delivery and items should be sent via an insured "signed for" service
We consider 7 days a reasonable time in which to return the goods to us and you should use an appropriate delivery method to ensure the products reach us inside that period.
If the product has been used or the blister packaging has been broken/opened and are not in the original condition ( this excludes the extra packaging we would use to protect the goods in transit) we will be unable to issue a full refund, However we may issue a partial refund less a restocking fee of no less than 25% of the product value.
This is subject to our discretion and we are unable to guarantee this for every product we sell, if we are unable to accept the return you will be responsible for the full shipping costs for it to be returned to you. This includes any charges incurred by us when you returned the goods. We will retain the items for a maximum of 14 days,if payment for re-delivery is not recieved within this period we will assume the goods are not required and will dispose of them.
We do not accept returns for goods/items that have been opened.
We can only credit the card/bank used to purchase the goods when making any payments in accordance with the money laundering and anti fraud regulations, all refunds will be made as soon as possible and no longer than 30 days after cancellation