Terms and conditions

TERMS AND CONDITIONS FOR THE PURCHASE OF TENNENT’S® LAGER PRODUCTS

18th April 2011.

This website is operated by Tennent Caledonian Breweries UK Limited (referred to as "Tennent’s/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (“Terms and Conditions”).

The sale service offered on this website is in conjunction with T in the Park® and will only be open to over 18’s resident in the United Kingdom for a promotional period from 26th April 2011 and expiring at 11am on Thursday 7th July 2011 (the “Order Period”).

All products are offered for sale on the terms of these conditions of sale and are also subject to General Terms and Conditions of "http://www.tennents.com" please click here for these.

1. General

1.1 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read these Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.2 Although we do our utmost to ensure all information on this website is correct and is as up-to-date as possible when you place an order, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control.

1.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website

1.4 This service will require registration and subsequent access to this service will be subject to an approved security check ("Security Check"). Information that you provide on this website must be accurate and complete. All Security Checks must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Security Checks or become aware of any misuse then you must inform us immediately.

1.5 You may only place an order for a product if you are over the age of 18 and have a valid T in the Park® weekend and camping ticket for Balado, Kinross-shire from Thursday 7th - Sunday 10th July 2011. Orders may only be placed during the Order Period.

2. Products and Availability

2.1 The following are available to purchase as products:

2.1 The following are available to purchase as products:
4 x 500ml cans Tennent’s® Lager
12 x 500ml cans Tennent’s® Lager
24 x 500ml cans Tennent’s® Lager
4 x 500ml cans Magners® Original Cider
12 x 500ml cans Magners® Original Cider
24 x 500ml cans Magners® Original Cider

2.2 We try to ensure that we always have stock. If an item is out of stock it will be labelled out of stock on the website. If for any other reason beyond our reasonable control we are unable to supply a particular item that has been ordered by you we will not be liable except to ensure that you are not charged for that item.

3. Description

3.1 We have taken care to describe and show items as accurately as possible. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

3.2 We will endeavour to ensure that the products ordered are cold upon receipt. However if for any reason we are unable to supply cold products, this shall not constitute a breach of these Terms and Conditions and we shall not be liable to you in any way.

4. Bulk Buy Policy

To ensure availability of all our products, you are limited to a maximum of 24 x 500ml cans of any combination of Tennent’s® Lager and Magners® Original Cider per day per person.

5. Order process

5.1 Orders can only be placed online at www.tennents.com during the Order Period. To do so, just click the 'Pre-Order Now’ button. You'll then be directed to the pre-order page. Select the day you are attending T in the Park® and the product(s) you wish to purchase using the drop down function and then click ‘continue’ to proceed. Remember, you can stop the ordering process at any time.

5.2 Please note that all prices are shown in £ Sterling and are inclusive of VAT, unless stated otherwise.

5.3 Before you enter your payment details, we'll ask you to confirm your name, date of birth, email address, mobile number and complete a security question (Security Check) for future use of the site. You must also read these Terms and Conditions and click on the box to state that you have done so. You will not be able to proceed unless you do click the Terms and Conditions box.

5.4 You will then be directed to a ‘confirm order’ page at which point you may either “Start over” or “Continue”.

5.5 You shall be responsible for ensuring the accuracy of the terms of an order you submit.

5.6 If you continue, you will be asked to complete your payment details. First select a method of payment and then complete all fields marked with an asterisk. You can pay by most major credit and debit cards

5.7 After completing your payment details, select 'submit' to place your order. You'll receive an on-screen order acknowledgement (“Order Receipt”) with your order number and details, which you should make a note of by printing the page as you will need the printed order receipt collection of your order and for future reference. Please note that this email is not an order confirmation, it is an order acceptance from Tennent’s. We take payment from your card at the time we receive your order, once we have checked your card details and stock availability.

5.8 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.

5.9 Acceptance of your order and the completion of the contract between you and us will take place on delivery to you of the products ordered by you for and at T in the Park® in accordance with clause 6, unless we have notified you that we do not accept your order or you have cancelled it before dispatch on 4th July 2011.

5.10 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these Terms and Conditions and the Order Receipt for your own records. You will need to present this Order Receipt and your photographic identification to prove that you are over the age of 18, to collect the products at T in the Park®.

5.11 No responsibility will be accepted by Tennent’s or its agents for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, completed or delayed computer transmissions which affect entrants ability to place an order or failure to receive an order acknowledgement.

6. Delivery

6.1 This website is only for delivery of products to customers attending T in the Park® at Balado, Kinross-shire from Thursday 7th – Sunday 10th July 2011.

6.2 You must collect your products ordered from the Tennent’s ‘Be Chilled’ collection point erected in the official campsite at T in the Park®. Only customers who present the correct information and identification that they are over 18 and the Order Receipt will be entitled to receive the products.

6.3 Any customers who fail to collect their products ordered and have not cancelled their order before dispatch on 4th July 2011 will forfeit title to the products and their entitlement to a refund.

6.4 Tennent’s shall be under no liability for any delay or failure to deliver the products on Thursday 7th – Sunday 10th July 2011 at T in the Park® except to provide a refund.

6.5 Title in the products and risk of loss and damage of products passes to you at the time when the products are delivered in accordance with this clause provided that we have processed and received payment in full for the products.

7. Payment

7.1 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Products are subject to availability. In the event that we are unable to supply the goods, we will inform you by email of this as soon as possible and we will offer an alternative product. Failure of the customer to respond to the email within three days will be deemed as acceptance of the substitute by the customer.

7.2 The price you pay is the price displayed on this website at the time we receive your order apart from if we discover an error in the price of goods you have ordered. We will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

7.3 Payment can be made by most major credit and debit cards.

7.4 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

7.5 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

8. Security

8.1 Your browser will go into secure mode as soon as you access the 'checkout' or 'login' pages, i.e. before you enter any personal or payment details. You can check that you are shopping in a secure environment by looking for either a locked padlock or a key icon in the grey bar at the bottom of your screen. Being in 'secure mode' means that all of your details are encrypted to help keep them secure. Encryption creates billions of code combinations to protect each transaction made on our site, so your card details cannot be viewed by anyone else using the Internet. If you are using one of the more recent browser versions, our site supports 128 bit encryption and therefore keeps your details as safe as possible at all times. We only accept orders that are placed using Secure Socket Layer (SSL). This technology prevents you from inadvertently revealing personal information using an insecure connection. During payment, we also ask for your card billing address as an additional security check. New security checks like the card signature code have recently been introduced to protect your credit card details online. No credit or debit card details are stored once your order has been processed. We recommend that you always close down your Internet browser when you have finished shopping online, especially if you use a shared PC. This will delete temporary Internet cookies from any sites that you may have visited.

8.2 Verified by Visa and Mastercard SecureCode. If the credit / debit card you're using to pay for your order qualifies for one of these services (not all cards do), you will be taken to a page hosted by your card issuer. This is a completely secure process. The information you provide is completely private, will only be visible to you and your card issuer, and would never be shared with other parties. If you haven't registered before and your card qualifies, you will need to follow the on-screen instructions to register securely and create a password for your card. This is not the same as the PIN number you use for your regular shopping. It's an online shopping code that you'll be able to use to identify yourself and your card when shopping online on tennents.com or any other participating websites. It's basically the online equivalent of chip & pin which is used on the high-street. Once registered, you will be taken back to Tennents.com to complete your order. If you're unsure about this new service, you may be able to complete your order without registering but we recommend that you contact your card issuer to find out more about the service, as they will eventually require you to register to continue shopping online. If you have already registered, you will be required to use your password on future online transactions.

8.3 Security of your personal details. You may have seen in the press that some customers of banks and online businesses have been receiving fraudulent emails and/or pop-ups. These all have one thing in common: they request individuals to confirm their personal details, credit card details, or user name and password. If you opt-in for information from Tennent’s we may send you emails from time to time but we would never send an email asking for your security information or log on details, or direct you to a web page that asks for this information.

8.4 How does your browser protect you and your data? Most modern web browsers, such as Internet Explorer and Netscape, support 'secure mode' and standard security protocols.

Internet Explorer can warn you if the site you are about to send payment details to is secure or insecure. To make this happen, select OPTIONS on the VIEW menu and then click the SECURITY tab. Once all of the warning boxes have been ticked, Internet Explorer will automatically alert you each time you send your private details to another site.

If you use a Netscape browser, you should select SECURITY PREFERENCES from the OPTIONS menu and then click on the GENERAL tab. Tick all of the Security Alert boxes and again, you will be warned when you are sending details to secure and insecure sites.

Online security is constantly evolving so, if you are using older versions of Internet Explorer (version 4 or older versions of IE5), we recommend you update your browser to a later version of IE in order to take full advantage of the improved security features. If you'd like to update your browser, please visit the Microsoft website (tennents.com is not responsible for the content of external websites. This will open a new window).

9. Cancellations and Substitutions

9.1 You have the right to cancel your order before dispatch. Dispatch will occur 4th July 2011. If you have the right to cancel i.e. prior to 4th July 2011 we will refund you the amount in accordance with clause 9. In the event that the product has already been dispatched you will not be entitled to a refund except where the product is faulty upon delivery, but shall, subject to the availability of alternative products have the right to a substitute for your order for products of the same or lower value. Any difference in amount will not be refunded.

9.2 We reserve the right to substitute your order for another of the same or better quality at the same price. If we substitute the product we will inform you via email in advance of collection of your order. Failure of the customer to respond to the email within three days will be deemed as acceptance of the substitute by the customer.

10. Refunds

If you are entitled to a refund and you paid via payment card we will refund you on the payment card.

For all returns, other than for that of faulty or defective goods, a full refund will be given including any charges in the original purchase price and goods must be returned in their original condition. If returning goods you are under a duty to keep them in your possession and to take reasonable care of them until you return them.

11. Faulty Products

We offer you a fourteen day money back guarantee for damaged or faulty goods returned to us within fourteen days of the date of purchase. We will reimburse delivery charges for damaged or faulty goods returned to us. When returning goods, please enclose the receipt, details of the reason for the return and credit or debit card details (for purposes of refund). We are not obliged to accept returns that have in any way been tampered with.

If your goods are faulty or damaged when you receive them, we will offer you an exchange or refund.

12. Intellectual Property

12.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.

12.2 We are not responsible for the content of any third party sites that may be accessed via external links from this website.

12.3 Occasionally we may publish images or text in which copyright is not owned by us. Where this is done, and where practicable, we acknowledge the copyright owner.

12.4 Nothing in these Terms and Conditions, or on our website, constitutes a licence to use or copy the website information.

12.5 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

13. Liability and Indemnity

13.1 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

13.2 Subject to Section 13.1 above, Tennent’s will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Tennent’s will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Tennent’s accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

13.3 Subject to Section 13.1 above, other than as expressly provided in these Terms and Conditions with respect to specific products and except for the exclusive remedies set out at Section 9 and 10 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

13.4 Subject to Section 13.1 above, Tennent’s will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or
special or indirect losses;
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.

13.5 Notwithstanding the above, subject to Section 13.1 Tennent’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

13.6 This clause 13 does not affect your statutory rights as a consumer.

13.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. See Security for details regarding security of the ordering process.

14. Resale of Products

You are not permitted to transfer or resell the products.

15. Data protection

We are registered under the Data Protection Act 1998. We undertake to maintain your privacy within the framework of the law.

You can decide what personal information you provide to us. We will only collect personal information that you choose to provide. Where possible, we will enable you to select how we will use this information (for example, by choosing to opt-in or opt-out of receiving special promotional offers).

You have the opportunity to choose not to opt-in to receive communications from us at any point where we request information about you.

We will not pass your information to selected third parties without your consent. We will not send you information about other companies and their products and/or services unless you have specifically requested such information.

16. Miscellaneous Provisions

16.1 The contract between us shall be governed by the laws and construed in all respects in accordance with Scottish law and you submit to the jurisdiction of the Scottish courts in relation to any claim or matter arising from these Terms and Conditions.

16.2 We have selected our products on the basis that they will be used for personal use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

16.3 Tennent’s shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

16.4 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by Tennent’s.

16.5 Tennent’s reserves the right to transfer, assign, novate or sub-contract the benefit other whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.

16.6 If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.

16.7 A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them.

16.8 No delay or failure by Tennent’s to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Tennent’s.

16.9 These Terms and Conditions including the documents or other sources referred to in these Terms and Conditions supersede all prior representations understandings and agreements between you and Tennent’s relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Tennent’s for your use of this website.

The Tennent’s website is operated by:

Tennent Caledonian Breweries UK Limited
Wellpark Brewery
161 Duke Street
Glasgow
G31 1JD

Registered Company No. SC362352

Tennent’s endorses responsible drinking. Please drink responsibly www.drinkaware.co.uk

We recommend you print out a copy of these terms and conditions for future reference.