1.1 Company details. Adnams plc (company number 00031114) (we and us) is a company registered in England and Wales and our registered office is at East Green, Southwold, Suffolk, IP18 6JW. Our VAT number is 104702122.

1.2 Contacting us. To contact us telephone us on 01502 727272. How to give us formal notice of any matter under the Contract is set out in clause 14.2.

2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2 Technical Services. The provision of any technical services and equipment by Adnams is subject to Adnams’ Technical Services and Equipment Terms and Conditions which are available on our website www.adnams.co.uk.

2.3 Age restriction on sale of alcohol. It is an offence to sell alcohol to any person under the age of 18 in the United Kingdom. By placing an order with us, you are confirming you are over 18 years old.  

2.4 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3.1 Placing your order. Orders can be placed online through our Rockpool App or by phone on 01502 727272. Where possible please place your order through Rockpool. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

3.2 Correcting input errors. Our order process in Rockpool allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.3 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence. We reserve the right not to accept an order.

3.4 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.

4.1 The images of the Goods on Rockpool or any literature provided by us 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 Goods. The colour of your Goods may vary slightly from those images.

4.2 Although we have made every effort to be as accurate as possible all sizes, weights, capacities, dimensions and measurements indicated on Rockpool or on any literature provided by us are approximate.

4.3 The packaging of your Goods may vary from that shown on images on Rockpool or on any literature provided by us.

4.4 You should always read the labels, warnings and instructions provided on or with the Goods before using them and not rely solely on the information on Rockpool or in our promotional literature.

4.5 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

5.1 You may cancel the Contract and receive a refund prior to the dispatch of your Goods by calling 01502 727272.  

5.2 Once Goods have been dispatched, you will only be eligible for a return and refund in accordance with Clause 10.

6.1 We will endeavour to deliver to you within five working days of accepting your order. Time for delivery is not of the essence and Adnams shall have no liability for late delivery.  

6.2 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 (Events outside our control) for our responsibilities when this happens.

6.3 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.

6.4 You must inspect the Goods upon receipt and inform us immediately of any damage, shortage or over-delivery, otherwise the delivery note (which may be in the form of your signature on our handheld electronic devices at the point of delivery) will be deemed to be conclusive evidence of receipt. If we have agreed that Goods could be delivered in your absence then any damage, shortage or over-delivery must be notified within 24 hours of delivery, with written confirmation within 3 days. In the event that notification of any damage, shortage or over-delivery is not given in accordance with this clause 6.4, Adnams reserves the right at its discretion to refuse to accept a return of such Goods
or to charge a collection or handling fee to collect any such Goods.

6.5 Delivery of the Goods may only be refused in the event that the Goods do not comply with the warranty given under clause 10.2. Adnams shall be entitled to charge a delivery or handling fee in the event delivery is refused otherwise than in accordance with this clause 6.5.

6.6 You own the Goods once we have received payment in full, including of all applicable delivery charges.

6.7 If we fail to deliver the Goods our liability to you is limited to a refund of the price you paid for those Goods.

6.8 You must return any kegs and casks supplied by us in an undamaged condition as soon as possible after usage. If you fail to do so, Adnams shall be entitled to charge you the current replacement cost of any such kegs and casks.  

7.1 These terms do not apply to in relation to deliveries outside of the United Kingdom. If you wish to place an order for delivery outside of the United Kingdom then please speak to our customer services team on 01502 727272 who would be delighted to assist with this.

8.1 The prices of the Goods will be as quoted to you in writing by your account manager or as set out on Rockpool. We take all reasonable care to ensure that the prices of Goods on Rockpool is correct at the time when the relevant information was entered onto Rockpool. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.

8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

8.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

8.4 The price of the Goods includes delivery charges.  

8.5 We sell a large number of Goods through Rockpool. It is always possible that, despite our reasonable efforts some of the Goods on Rockpool may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Goods' correct price is less than the price stated on Rockpool, we will charge the lower amount when dispatching the Goods to you; and (b) if the Goods' correct price is higher than the price stated on Rockpool, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

9.1 Unless otherwise agreed, payment for Goods shall be made using direct debit. Payment for the Goods and all applicable delivery charges is in advance. Where paying by debit card or credit card these will be charged when you submit your order.

9.2 Where we have agreed credit terms with you then payment shall be made by direct debit within seven days unless otherwise agreed.

9.3 If you have any queries about any invoice issued by us please let us know as soon as possible.  

9.4 Where a cheque, direct debit, standing order or other payment is dishonoured by you, we are charged by our bank and we will pass that charge back to you. This is normally a charge of £20 which we will add to your invoice.

9.5 In the event you pay late we may elect to suspend further deliveries to you and to charge interest and obtain compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

10.1 The Goods are intended for use only in the United Kingdom. We do not warrant that the Goods comply with the laws, regulations or standards outside the United Kingdom.  

10.2 We provide a warranty that on delivery and until their best before date (the best before date which shall be at least 21 days from the date of delivery and, in the case of cask ale, not more than 3 days from opening), if appropriate, or where there is no best before date, for a period of 30 days from delivery, the Goods shall: (a) subject to clause 4, conform in all material respects with their description; and (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

10.3 Subject to clause 10.4 and clause 12.3, if: (a) you give us notice within 24 hours of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.2, with written confirmation within 3 days; (b) we are given a reasonable opportunity of examining the Goods; and (c) we ask you to do so, you return the Goods to us at our cost, we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full. Provided we comply with this clause 10.3, we shall have no further liability to you in respect of any breach of the warranties given by this clause 10.

10.4 We will not be liable for breach of the warranty set out in clause 10.2 if: (a) you make any further use of the Goods after giving notice to us under clause 10.3; (b) you dilute or mix the Goods with other products or otherwise tamper with them; (c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or storage other than in accordance with our instructions; or (d) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

10.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

10.6 These Terms also apply to any repaired or replacement Goods supplied by us to you.

11.1 Any resale of Goods, including any advertising or promotion of Goods, by you must be in accordance with our instructions and all applicable laws and regulations.

11.2 Where draught beer is supplied by us, you shall ensure that the equipment used to serve such Goods is of a suitable quality and that an appropriate maintenance and cleaning programs of such equipment are implemented in order to preserve the quality of the Goods.

11.3 You must not make any written statement as to the quality or manufacture of the Goods without our prior written approval.

11.4 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with a breach of this clause 11.

12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.

12.3 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d) any other liability that cannot be limited or excluded by law.

12.4 Subject to clause 12.3, we will under no circumstances be liable to you for (a) any loss of profits, sales, business, or revenue; or (b) loss or corruption of data, information or software; or (c) loss of business opportunity; or (d) loss of anticipated savings; or (e) loss of goodwill; or (d) any indirect or consequential loss.

12.5 Subject to clause 12.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.

12.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).  

13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under the Contract will be suspended and the time for performance of our
obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  

13.3 You may cancel the Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

14.1 When we refer to "in writing" in these Terms, this includes email.

14.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.

14.3 A notice or other communication is deemed to have been received: (a) if delivered by hand, at the time the notice is left at the proper address; (b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or (c) if sent by email, at 9.00 am the next working day after transmission.

14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.  

14.5 The provisions of this clause shall not apply to the service of any proceedings or other
documents in any legal action.

15.1 Data Protection. We will only use your personal information in accordance with our Privacy Policy which is available online at https://adnams.co.uk/pages/privacy-policy.

15.2 Assignment and transfer. (a) We may assign or transfer our rights and obligations under the Contract to another entity. (b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

15.3 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

15.4 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

15.5 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.