Welcome to the Banks's website, owned by Marston’s PLC (the “Site”). We are very pleased to welcome you to our Site but, before you read on about our merchandising products, we would be grateful if you would take a few minutes to read the important materials that follow which relate to any user of this Site including any transactions you make. Our Company information is as follows: Company Name: Marston’s PLC, Registered office: Marston’s House Wolverhampton WV1 4JT United Kingdom Registered in England No.31461
You can Contact Us via email by clicking here
As user of this Site you acknowledge that any user of this Site (including accessing any other hyper-linked information sections provided by us and any transactions you make) is subject to our Sale Terms and Conditions below and also our associated Terms of Use and Privacy Policy. Please read through and familiarise yourself with these Sale Terms and Conditions and our associated Terms of Use and Privacy Policy sections before using this Site and we would ask that you print off copies for your future reference.
General
We reserve the right to change these Sale Terms and Conditions (and associated Terms of Use and Privacy Policy) at any time. Any such changes shall take effect when posted on this Site and it is your responsibility to read the Sale Terms and Conditions (and associated Terms of Use and Privacy Policy) each time you access this Site. If you do not agree to any change made you must immediately stop using the Site. Your continued use of this Site (including placing an order) shall signify your acceptance to be bound by the latest Sale Terms and Conditions (and associated Terms of Use and Privacy Policy).
Certain website services on offer by us may require prior registration by you and subsequent access will be granted only on the provision of login name and other password details. Any information provided by you in respect of such login and other password details must be accurate and complete and kept strictly private and confidential. We may accept such information and withdraw the same at any time at our sole discretion. It shall be regarded by us as exclusive to you and non-transferable. In the event that you have any concerns regarding any information provided by you to us, you must inform us immediately (see Contact Us)
We reserve the right at any time without notice to alter any products or prices of products offered on this Site. We cannot guarantee (as appropriate) availability shades shapes and measurements of any products we offer and we reserve the right to withdraw any products at any time without notice.
Customers
To place any order you must personally be over 18 years of age and capable of either entering into a legally-binding contract in your own right or binding any other person or legal entity on whose behalf you are acting. If you are acting on behalf of someone else, you confirm that they are over 18 years of age in the case of a person. If you are acting on behalf of any other legal entity, you confirm that you are duly authorised to bind them by contract. We reserve the right to demand proof of identity and/or authority at any time. We adhere to the guidelines of The Portman Group, an independent industry body set up to monitor and advise on the responsible marketing and selling of alcoholic products. See www.drinkaware.co.uk for more information.
Order Process
All orders you place on this Site will be subject to acceptance in accordance with these Sale Terms and Conditions (and associated Terms of Use and Privacy Policy). The “confirmation” stage of the Order Process sets out the final details of your order. We will send you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from us. We do not retain details of any order placed on this Site. Please therefore print out this order acknowledgement for your own records and retain this with your copies of these Sale Terms and Conditions (and associated Terms of Use and Privacy Policy) as advised above. Acceptance of your order and the completion of the contract between you and us will take place when the products you have ordered have been despatched to the delivery address provided by you unless we have notified you that we do not accept or cannot comply with your order or you have cancelled it (please see Returns Cancellations and Substitutions).
Delivery
This Site is for delivery of products to customers in the UK, Europe and Worldwide. Delivery will normally be within 28 days (UK, Europe and USA) and 36 days elsewhere of an order being placed (subject always to events beyond our control). We shall be under no liability to you for any delay or failure to deliver any product within any indicative timescale.
Risk of loss and damage of any product passes to you on the date it is delivered or on the date we first attempt to deliver to you.
It is your responsibility to inform us if your order does not arrive. Please note that if an item has been lost in transit, we shall not despatch a replacement item immediately. Replacement items will only be despatched at our discretion.
Delivery Charges
Purchased goods will be subject to a delivery charge. The delivery chatge will be charged per item, the charge per item will vary dependant on the region you live in.
UK - £2.50 per item
Europe - £4.95 per item
US and rest of the world - £5.95 per item
Payment and Online Security
We take payment from your card at the time we receive your order and have checked your card details and stock availability. Products are subject to availability. In the event that we are unable to supply the product you have ordered, we shall inform you as soon as possible by telephone or email. In the event that we are unable to supply the product within an estimated timescale acceptable to you (taking into account our normal delivery times – please see Delivery), a full refund shall be given where you have already paid for the product.
Payment must be made by credit or debit card. We only accept Visa, Mastercard, Switch / UK Maestro, Visa Debit / Delta, Visa Electron. You confirm that the credit/debit card being used for the transaction belongs to you. In the event of non-authorisation of payment by the card issuer for any reason, we shall seek to contact you as soon as possible by telephone or email. We shall not be liable for any loss or liability to you arising from any such non-authorisation.
The price you pay for a product is the price displayed on this Site as at the time we receive your order except in the case of error. We seek at all times to ensure that the prices on our Site are accurate but errors may occur. In the event that we discover an error in the price of goods ordered by you, we shall inform you as soon as possible by telephone or email and give you the option of either re-confirming your order or cancelling it. If we are unable to contact you, we shall treat the order as cancelled. If you cancel having already paid for the product, we shall refund you the price paid in full.
Title to any product you order from us on this Site shall only pass on delivery of the product to you and provided always that we have received payment in full for the product in question.
All prices are shown in £’s Sterling and shall be subject to VAT (where applicable) at the current rates but exclude delivery charges. The total cost of your order will be the price of the product plus delivery charge. You are also responsible for any applicable import duty, customs charges and any other similar liabilities. The local government for the delivery determines any applicable import duty, custom charges and similar liabilities and non-payment by you may result in long delays or complete failure in delivery of any product to you. Please make yourself aware of any additional liabilities you may have to pay in this respect before placing an order.
We take online security very seriously. Orders are placed using a secure server system and your credit card details are encrypted to help keep them secure. You can check that you are ordering in a secure environment by looking for either a locked padlock or an unbroken key icon in your browser. Please do not send us any credit card details by ordinary email as this is not secure.
We comply with the obligations laid down by English data protection legislation to ensure that your personal information is kept secure and processed fairly and lawfully. We take all reasonable precautions to keep the details of your order and payment secure but, unless we are proven to be materially negligent in any way, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
We may send you emails from time to time but we shall never send an email asking for your security information or direct you to a web page that asks for this information. If you receive an email that appears to be from us that you suspect is fraudulent, do not click on any link contained in the email or provide any credit card or other details. Please then contact us about the email you have received (see Contact Us)
Returns Cancellations and Substitutions
We offer a full money back guarantee in respect of our products (with the exception of any items clearly marked * next to the product name which are not covered by this guarantee) provided that the item(s) in question are returned to us by recorded delivery post within 28 days of your receipt of your order in an unused and original condition. In the event that you receive a faulty or damaged product, we shall on receipt of it from you replace it with an identical product where possible or provide you with a full refund if you prefer. Please note that we cannot accept responsibility for goods damaged during their return or for postal or other costs and liabilities incurred when returning goods.
In the event that the manufacturer specifications change in relation to any product, we shall do our best to offer you a substitute of the same or better quality at the same price. If you are unhappy with the substitute product, you can return it to us in accordance with your rights under our 28 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under any English Distance Selling Regulations or successor legislation from time to time. Please note that you will not have any right to cancel an order in respect of any products which may be supplied by us having been made to a customer’s own specifications or which are clearly personalised for any particular customer or which by reason of their nature cannot be returned.
Liability and Indemnity
Nothing in these Sale Terms and Conditions excludes or limits liability for death or personal injury caused by negligence fraudulent misrepresentation or any other liability which may not be otherwise limited or excluded under applicable law.
Subject to the foregoing our Terms of Use and any other provisions of this Site, we shall use reasonable endeavours to ensure the accuracy of any information on this site but make no representation or warranty of any kind (express or implied) regarding the contents of this Site or any server that makes it available or that it will be timely or error/virus/defect free. We shall not be responsible or liable to you for any loss of or damage to any content material or information uploaded downloaded or transmitted through this Site or for any loss or damage suffered from action threatened or taken in reliance on any content material or information contained on this Site. If we provide links to external third party websites or resources for information purposes, any access to them by you is at your sole discretion and is your responsibility. We do not review or endorse (by way of example only and not limitation) the contents/privacy policies/goods/materials/security of any such external third party websites or resources and we shall not be responsible for any damage loss or offence caused to you (or any one else) or alleged to be caused to you (or any one else) by or in connection with such external third party websites or resources.
Subject to the foregoing and except as expressly provided for in these Sale Terms and Conditions, any indemnities warranties representations and the like (express or implied) are hereby excluded to the fullest extent permissible by law and we shall not (without prejudice to any other provisions of these Sale Terms and Conditions and any other parts or pages of this Site) be liable in contract tort or otherwise out of or in connection with any economic loss of whatever kind damage to goodwill or other reputation or any other losses suffered by any party arising out of any use of this Site.
We have selected our products on the basis that they will be used for domestic use only. If you do intend to purchase any product for business purposes, please ensure that any relevant business insurance is in place. Where any product is used for business use, we expressly exclude to the fullest possible extent allowed by law any warranties and representations as to fitness for any particular purpose. Our maximum liability to business users shall be limited to the replacement value of the relevant product (except in the case of death or personal injury caused by our negligence or in respect of fraud).Without prejudice to the foregoing, our aggregate liability 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 in question in respect of one incident or series of incidents attributable to the same cause and we shall not be liable for any other direct or indirect damage or losses suffered of any whatever nature.
Without prejudice to any other provisions of these Sale Terms and Conditions, we shall be under no liability for any delay or failure to deliver any product or otherwise perform any obligation if such delay or failure is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control
The contents of this section of the Site do not affect (if applicable) your statutory rights as a consumer nor does it affect your statutory cancellation rights.
Intellectual Property
You acknowledge and agree that all copyright trademarks and intellectual property of whatever nature and description in all materials and/or content of this Site remains vested in us or our licensors. You may only use such material and/or content as expressly permitted by us or our licensors in advance. You further acknowledge and agree that any material and/or content contained in this Site is made available to you purely for personal reasons and non-commercial use and that any infringement of this (whether by you or any third party) is strictly prohibited.
Governing Law
These Sale Terms and Conditions shall be governed and construed in accordance with English law and all parties shall submit to the exclusive jurisdiction of the English Courts. English is the only language offered for conclusion of the contract between you and us.
Queries and Complaints
If you have any queries and complaints, please use our Contact Us facility.
Miscellaneous
We reserve the right to assign transfer novate or sub contract the whole or part(s) of the benefit of our rights or obligations under these Sale Terms and Conditions.
You may not assign or sub contract any of your rights and obligations under these Sale Terms and Conditions or any related order(s) to any third party except without our prior written permission.
If any part or parts of these Sale Terms and Conditions is held by any competent body or authority to be illegal invalid or unenforceable in any way the validity or enforceability of the other part or parts of these Sale Terms and Conditions shall not be effected.
No delay or failure on our part in the exercise of any powers rights or remedies available to us under these Sale Terms and Conditions will operate as a waiver of all or any of them nor will any single or partial exercise of such powers rights or remedies prevent any further exercise of the same. To be effective as regards us, any waiver on our part must be in writing and signed on behalf of us by a duly authorised representative.
These Sale Terms and Conditions do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999 and any successor legislation except that Marston’s PLC (and any other group or associated company of Marston’s PLC) and any permitted successor(s) or assignee(s) shall have the right to enforce any rights or benefits in favour of Marston’s PLC under these Sale Terms and Conditions together with the right to enforce and take the benefit of the rights or benefits or any limitation exclusion or limitation of liability in favour of Marston’s PLC under these Sale Terms and Conditions
Entire Agreement
These Sale Terms and Conditions (and associated Terms of Use and Privacy Policy) supersede all prior representations agreements obligations and the like between you and us relating to the use of this Site (including the ordering of any product) and set forth the entire agreement and understanding between you and us for the use of this Site.