Hi there and welcome to the boring part of the show ladies and gentlemen what you’ll find here is the Zymurgorium’s Terms & Conditions of website use yes I can hear the sighs and the boos but it is important both in a legal sense and also for you our patrons to peruse over.
The use of this website by yourself means that you here by agree and accept our terms & conditions that are laid out below whether or not you use the shop and whether or you register or not. If you do not accept these terms then please do not use the site.
Zymurgorium Proprietor (AKA The Boss, The Gaffer, The Big Cheese and/or The Chief)
unit B6 Fairhills Trading Centre,
Fairhills Road, Irlam,
1 The Beginning
- Most areas of the site do not require registration for permission to access however some parts are only available to those who register and become Zymurgorians.
- The terms & conditions may be altered without notice therefore it is important to re-check once in a while to revise them as they bind you. Certain aspects of the terms & conditions may be superseded by legal notices and/or terms on particular pages. If you do not agree/accept these then do not continue to use the site.
2 Purchasing & Ordering From the Zymurgorium
- It is deemed that an order has been placed by yourself when ordering via online checkout process. During the process you will be given ample opportunity to revise your order to sort out mistakes. The Zymurgorium will then issue an order acknowledgment, giving details on the products/services you have requested.
- The Zymurgorium’s acceptance of an order occurs when the order is despatched. You will receive a despatch confirmation email. When the order becomes despatched a purchasing contract will be drafted and subsequently you will be charged, however this may not be the case if we have declined your order or you have cancelled the order.
- We may decline an order if;
- The goods/services are not available.
- If we cannot obtain authorisation for your payment and/or the whole price has not been met.
- If not sufficient enough identification is provided when ordering certain items.
- If there has been an error in the product/services; price/cost, description mistake; or
- If you’re not eligible to meet the criteria set out in the Zymurgorium’s terms & conditions.
3 Pricing & Costs
- All prices/costs are subject to VAT (where applicable) at the current rate set by the governing body concerned. The Zymurgorium reserves the right to exhibit the exclusive VAT price/cost, but it shall exhibit VAT separately and thus include it in the checkout total.
- Where separate additional charges apply to services/products such as; packaging, insurance, postage/carriage plus other relevant charges, appropriate rates are shown in a specific structure located elsewhere within zymurgorium.com.
- Costs to tailored events/services may be different either being decreased or increased depending on location distance/accessibility, cost inflation, and any relevant difficulties or costs that the Zymurgorium does not take responsibility for or believes may have a considerable impact on the overall cost.
4 Delivery Policy
- The Zymurgorium will send your products generally via tracked Parcelforce however this may be altered at any time the Zymurgorium sees fit to either reduce cost or make it easier for both the Zymurgorium and the purchaser.
- You must ensure someone is available to receive the goods (and if alcoholic goods please ensure a responsible adult 18+).
- Standard UK delivery is 3-5 working days, this being said it is possible for an order to be sent faster if you need it just please contact the Zymurgorium and we will do our best to accommodate your needs.
- All requests/orders received by the Zymurgorium are shipped as efficiently as possible and depend on availability.
- The Zymurgorium has the right to withhold and ship orders at a later date (4 weeks after purchase) when the products is not in stock at time of purchase, if this occurs you shall be contacted and given the option of a full refund instead of the product delivery.
- The Zymurgorium however is not responsible for any disruptions/problems to delivery/shipping due to industrial disputes and/or action outside of the Zymurgoriums direct control. If such a thing occurs as stated above it’d be beneficial to use other delivery methods/services which you’ll be offered or a full refund.
5 Returns Policy and Cancellations
- If you decide to cancel an order;
- We may be notified via email email@example.com if the order hasn’t already been despatched.
- If the order has been despatched, you may return the goods in accordance with the clause/instructions in 5.2 of the terms & conditions.
- Within two weeks of receipt you may return your goods for whatever reason for either a full refund or exchange. We however do not bear the cost of returning the goods this shall be borne onto the responsibility of the purchaser.
- Upon receiving the returned items we shall give you a full refund for the cost of the items or an exchange credit can be set-up (refund credit will be worth the original value of the items still if an offer is ongoing or arises within one week of the return to any item within that order e.g. if a beer costs £1 normally but during your return there is an offer such as 2 for £1.50 using the exchange credit will still cost you £2).
- The above (5.3) right to return is not valid if any of the following is the case;
- The product has been used (partially or fully).
- When software, audio or visual products packaging has been unsealed.
- Any customised products.
- Any products that by nature have a limited life and freshness, such as fresh foods and flowers.
Please note: Nothing stated within clause 5.4 affects your statutory rights.
- You as a visitor to this website are permitted ‘for your own use’ to download extracts when following the clauses below;
- No modifications to graphics (direct and related) or documents in any way.
- Any graphics used must also have with them any accompanied text and/or information.
- Any of our trademarking, copyrighting and this notice of permission MUST appear in ALL copies.
- Unless otherwise stated, any copyrighted and intellectual property righted material on zymurgorium.com and related domains (including with no limitation all and any image/s) are owned by Aaron Darke and any other licensors. Your permission to visit and use website will be terminated with immediate effect if any extracts and material are used not in accordance with clause 6.1 or any other related clause. Any property of Zymurgorium that is prohibited must be automatically destroyed whether that be computerised data or physical items.
- Following from clause 6.1, nothing from this website may be reproduced or even stored on another website, any retrieval system/service without the prior written permission of Aaron Darke or other members of the Zymurgorium with given authority. Aaron Darke and the Zymurgorium have the right to request for the immediate removal of any material from this site even if prior permission was given if then Aaron Darke deems it to portray the Zymurgorium in a negative light.
- Any grants and permissions not expressly stated and/or granted in these terms& conditions are reserved.
7. Website Access
7.1 We aim to ensure access to the website is available 24/7 however Aaron Darke and the Zymurgorium are not liable for any website failure and inaccessibility at any time, period and/or reason.
7.2 Access to www.zymurgorium.com may be suspended temporarily without the need of notification. This may be due to but not excluding other reasons; system failure, maintenance, repair, sensitive data threats, and other reasons that are internal and externally out of the Zymurgorium’s control.
7.3 If you cannot access our website but you know of others who can than Aaron Darke and the Zymurgorium are not liable.
8. Website visitors’ material and their Conduct.
- To protect yourself, others and the Zymurgorium from harm you are prohibited from uploading/transmitting any data/material to and from zymurgorium.com that is;
- Threatening, seditious, obscene, inflammatory, indecent, offensive, defamatory, pornographic, abusive, liable to incite racial discrimination/hatred, discrimination whether or not that be gender, age or racial/cultural, menacing, scandalous, leads to a breach in confidence, leads to a breach in privacy, or/and may cause hurt, annoyance and inconvenience to users and non-users of this site.
- Materials that you have no licensing and approval to use.
- Anything that might be considered to be a criminal offence from where you are visiting this site from, anything that might harm the legal rights of any third party, this infringement clause applies to any country, county or state from where you are visiting from.
- Which may cause technical harm or fault such as but not excluding any other malicious technology and material such as; computer viruses, Trojans, spyware, malware, unauthorised tracking systems of any kind, corrupted data, worms, and harmful data and anything new or old not mentioned here without limitation.
- You may not misuse this website again including without limitation activities such as hacking the website.
- Any information/data that is in breach of clauses 8.2, 8.3 and any other relevant clauses shall be freely and readily given to authorities of law enforcement if requested or directed and they have proof of authority in the case that they might ask for discloser of individual identity or to locate any persons in breach of those clauses.
9. External Links
- Links on zymurgorium.com to third party sites are there entirely for your benefit. By following these links you enter another site, we may not have reviewed these sites and are therefore not liable, responsible or to blame for anything on those sites this includes but not excludes other things such as their content and availability of anything. We will not and do not endorse, represent any material on them neither do we take any responsibility for the results of visiting those sites. If you do decide to follow a third party link then you do so entirely and wholly at your own risk.
- If you desire to make a link to this website for your own website or other use you may do so however only on the basis that you do not replicate any pages under the zymurgorium.com and is also subject to;
- You do not misshapen or distort the Zymurgorium logo or advertisement material.
- You do not frame or place a border or another browser environment around zymurgorium.com.
- You may not imply, suggest or presume/assume that we will or do support any other services, brands and/or products other than that of the Zymurgorium’s services and products without the written consent of Aaron Darke only!
- You may not misrepresent your relationship with any part of the Zymurgorium and zymurgorium.com nor publish or release any false/misconstrued information about us.
- You here by do not have the permission (unless we have given you written consent) to use any zymurgorium trademark images, logo, branding image, label image.
- You may not link zymurgorium.com to a website you do not own or have permission to do so with.
- You do not have permission to link if your website breaches any other clauses hereby stated in these terms & conditions and especially with extra-legal enforcement if it is in breach of those clauses contained within section 8.
- You do not have the permission to link our website to your website if it openly suggests an illegal activity in wherever your website/link is published.
9.3 We reserve the right to revoke any permission, grants or right whether written or unwritten in clause 9.2 for breaching any part of our terms & conditions and we have the right and ability to take any action we deem necessary/appropriate.
9.4 You shall fully repay and indemnify any loss, damage and/or cost that Aaron Darke, the Zymurgorium and any other related companies may suffer or incur as a result of your breaching clause 9.2.
10. Becoming a Zymurgorian (AKA Registration)
- To become a Zymurgorian with zymurgorium.com you must be over 18 years of age.
- You may only register as a single user and may only register once. You are not permitted to share yours or any others details such as user names and passwords with any one or number of people or with any organisation or institution, on or off a network.
- The security of any passwords and usernames is the sole responsibility of yourself, if you suspect that the integrity of your details may be compromised it is your responsibility to contact us asap.
- We have the right to suspend/ban/cancel your account and registration at the Zymurgroium’s reasonable discretion if you breach any of the clauses under the terms & conditions
- To our best ability we try to only convey correct and right information on zymurgorium.com, However we cannot fully warrant the accuracy and fullness of the data/writing and material on the website. The website and its content may be out of date but the Zymurgorium nor any related parties/individuals have any commitments to updating the site.
- The website can be considered to be always in BETA and may change without prior notice, therefore zymurgorium.com is provided ‘as is’, we hold the right to change the website in any way we wish this includes; the websites use, details of the products concerning price description and more. This is in accordance with the maximum extent permitted by the law, that the Zymurgorium provides you with a website (www.zymurgorium.com) on the basis that all related individuals are exempt from all types of conditions, representations, warranties and any kind of other terms (including but not exempting or limitations the conditions implied by quality and product satisfactory laws, fit for purpose regulations plus the use of care and skill) for which these terms & conditions might be effected in relation to the workings of www.zymurgorium.com.
- The Zymurgorium and any other related party (who helps maintain and create this website in any way), and any other individuals, institutions (plus their agents) and employees, are exempt from all liability and responsibility for any amount of incurring damages or losses to you or any other third party (including without any limitations, direct, indirect, punitive or consequential injuries or damages, this includes the loss of any income no matter of size or importance, data, profits, use of legal tender, any contracts partial or full, loss of earnings or money via business disruption plus including but not limited to whether or not it may be tort due to the like of negligence or any other means) in direct or indirect connection with zymurgorium.com, the results, ability or also lack of ability of the website, this includes other material on third party linked websites, including but not limited to the likes of viruses and other computer malignancies that may so affect your computer hardware, software, data (including but not limited to, personal data and sensitive information such as bank details), other such property related to your account and/or your access to, plus browsing or use of www.zymurgorium.com, this includes but is not limited to such activities as downloading any website material, blogs or comments or that of any external third party websites linked or not to the website.
- No clause or statement or anything else contained in these terms & conditions will exclude or limit any related individuals to the working s of the Zymurgorium liability for;
12. Zymurgorium’s, yours and related individuals responsibilities.
- Negligence that has the potential for personal injury and death.
- Fraud on any level
- Miscommunication and/or false representation concerning a fundamental matter.
- Any liability under applicable laws that may not be excluded or limited.
12.3 If your use and visitation to this website results in the requirement of any cost including but limited to servicing, repairing, corrective measures of equipment or software of any kind and data then you assume and bear the full front of any costs towards its rectification and recovery of any items.
12.4 By the use of this website and any other services you are here by agree to indemnify us in full, hold to us and defend us, any related working party including or not limited to employees and agents, immune from and against all claims, losses, liabilities, damages, costs, this includes any and all forms of legal fees caused from any breaching of the terms & conditions stated for the www.zymurgorium.com, Zymurgorium and Aaron Darke by you and/or your use of this website or by any individual/group using your personal registration details.
13. Jurisdiction and applicable Governing laws
- The terms and Conditions here by stated outline that this website and its uses shall be governed and construed in accordance with United Kingdom law. Any disputes, arguments or settlements in connection with the terms & conditioned outlined will be subjected to the jurisdiction of United Kingdom courts.
- The zymurgorium and all related and relevant parties hereby declare we do not warrant that products, services and materials for sale or use on zymurgorium.com are legal, appropriate or may even be available for use outside of the United Kingdom. We take no responsibility and/or liability for any reprimands for accessing our website from global (as opposed to extra terrestrial???) territories where it is unlawful, and thus is prohibited in territories where it may be deemed illegal. Access to this website whether or not in the United Kingdom you do so at your own risk and you are culpable for complying with local laws of the territory you are accessing from.
- The use of ZymurNotes, ZymurCards and any form of credit in any other shop is apart from Zymurgorium shops, bars, pubs and restaurants is prohibited and not valid.
- You have no right to sub-licence, reassign and/or transfer in any way the rights you are exposed to under these terms & conditions.
14. Any other Miscellaneous Terms & Conditions
If any one of the provisions within these terms & conditions is found by any relevant court of competent jurisdiction to be invalid, this invalidity will not affect the validity of any of the other provisions hereby stated under these terms & conditions which shall still continue to have their full force and effect against yourself and anyone else in breach of them.