Reseller Terms and Conditions
These Reseller Terms and Conditions (‘Reseller Ts&Cs’) apply to all purchases made by registered business accounts (‘B2B Customers’) through the Beerwulf website at https://beerwulf.com/ (the ‘Website’) for the purpose of reselling alcoholic beverages, beer dispensing appliances, kegs (the ‘Products’).
You must read these Reseller Ts&Cs carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these Reseller Ts&Cs’ in their entirety. If you do not agree to these Reseller Ts&Cs in their entirety, you must not order any Product through the Website.
Any reference to “Beerwulf” in these Reseller Ts&Cs refers to Beerwulf B.V. (company number 67422020), having it registered office at Stadhouderskade 80, 1073 AT, Amsterdam, Netherlands.
If you have a question or need to contact us, please e-mail us through service@beerwulf.com.
Beerwulf VAT number: GB280011354
- Age restrictions on purchase
1.1. The purchase of Products made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these Products to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these Products through the Website.
1.2. In particular, please note that age restrictions apply in the UK to the purchase of alcohol. Alcohol can only be purchased by, and for, individuals aged 18 and over. By placing an order for any Products, you confirm that you (and, if different, the recipient of the Product) satisfy the age requirements necessary to buy that Product.
2. Basis of Sale
2.1. Only B2B Customers with a registered business account with Beerwulf are permitted to purchase Products for resale.
2.2. Any terms and conditions proposed by B2B Customers or which B2B Customers may purport to apply under any purchase order or confirmation of order, or which are implied by trade, custom, practice or course of dealing, are expressly excluded. The signing or acceptance of any of your documentation by any of our employees or agents shall not modify these Reseller Ts&Cs.
2.3. All descriptions and illustrations contained in our advertisements and other sales literature are intended merely to present a general impression of the Products described in them and nothing contained in them shall form part of these Reseller Ts&Cs nor have any contractual force. The sale of Products to you under these Reseller Ts&Cs shall not be a sale by sample.
2.4. Subject to your compliance with conditions of these Reseller Ts&Cs, the Products supplied by us to you shall be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). If the Products are not of such satisfactory quality, we shall at our sole option either supply replacement Products or refund the price paid by you for the relevant Products, such refund to be subject to the process outlined in these Reseller Ts&Cs. Other than in respect of any third party claims against you relating directly to the supply by us to you of Products that are not of satisfactory quality in accordance with these Reseller Ts&Cs, such replacement or refund shall be your sole remedy in respect of any claim by you for Beerwulf breach of this condition.
2.5. The conditions, warranties and other terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these Reseller Ts&Cs and any contract we may have with you.
2.6. These Reseller Ts&Cs cover the supply of Products by us across all routes to market including the on trade, off trade and wholesale. Accordingly, some of these Reseller Ts&Cs may not apply to your route to market.
3. Product descriptions
3.1. Beerwulf has taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all Products have been fairly described. However, when ordering Products through the Website, please note that:
• all prices are displayed in pounds Sterling inclusive of Value Added Tax where applicable unless expressly indicated otherwise;
• packaging may vary from that shown on the Website;
• the weights, dimensions and capacities shown on the Website are approximate only;
• whilst we try to display the colours of our Products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Product on delivery; and
• all items are subject to availability. Beerwulf will inform you as soon as possible if the Product(s) you have ordered are not available and we may offer alternative Product(s).
4. Placing your order
4.1. You can register as a B2B Customers on the Website. Subsequently, you can create an order by following the onscreen prompts after clicking on the items you wish to purchase. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
4.2. Before placing an order, you will be asked to confirm you have read and accept these Reseller Ts&Cs.
4.3. Once you are ready to place your order, you can follow the ordering process and submit your order for approval. After your order is approved, you will receive an email from us to complete your purchase and payment. From this point on, you will not be able to amend your order and will be redirected to the payment page to process your payment.
4.4. After completing the payment process on the payment page, you will receive an e-mail from us acknowledging that we have received your placed order (“Confirmation Message”). The Confirmation Message will include details about your order, including the items and prices (including delivery charges and taxes), as well as key terms of your order. You should store and/or print this e-mail for your records.
5. Acceptance of your order
5.1. Please note that completion of the online checkout process does not constitute Beerwulf acceptance of your order. Beerwulf acceptance of your order will take place only when Beerwulf dispatch the Product(s) that you ordered from us. A contract between you and Beerwulf will be formed when Beerwulf communicate to you that we have accepted your order over by electronic communication.
6. Delivery and Returns
6.1. Time of delivery shall not be of the essence and Beerwulf shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver Products by any particular date, provided that we use reasonable endeavours to deliver the Products to you within a reasonable timescale.
6.2. Beerwulf may deliver the Products by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment. Beerwulf does not sell Products on a “sale or return” basis.
6.3. Beerwulf will deliver the Products to the agreed delivery location. You will make sure that the premises to which the Products are to be delivered are compliant with all relevant health and safety legislation and codes of practice. Delivery in respect of any Product is completed on arrival of the relevant Product at the agreed delivery location.
6.4. Incoterms for Delivery
6.4.1. For Pickup (EXW – Ex Works): When the B2B Customer opts to pick up the Products, the Incoterm EXW (Ex Works) shall apply. This means that the B2B Customer shall be responsible for loading the Products onto the vehicle, regardless of whether Beerwulf may be better positioned to assist. B2B Customer is also solely responsible for handling all export procedures, arranging onward transportation, and covering any costs incurred after the collection of the Products. All risk transfers the moment loading is started.
6.4.2. For Delivery (DAP – Delivered at Place): When Beerwulf arranges delivery, the Incoterm DAP (Delivered at Place) shall apply. This means that Beerwulf is responsible for arranging carriage and delivering the Products to the named place, ready for unloading from the arriving means of transport. Risk transfers from Beerwulf to the B2B Customer once the Products are made available for unloading; therefore, unloading is at the B2B Customer’s risk. The B2B Customer is also responsible for import clearance and for payment of any applicable local taxes or import duties.
6.5. If you refuse to accept a delivery, or are not available to accept a delivery, for whatever reason, Beerwulf reserve the right to charge you the cost of carriage both to and from your, in addition to a reasonable administration charge and any other claim we may have, and we may resell or otherwise dispose of all or part of the Products.
6.6. Acceptance of delivery by you shall be deemed conclusive evidence of your acceptance of these Reseller Ts&Cs.
6.7. Upon delivery, all Products should be examined and any loss or damage communicated to Beerwulf by email to service@beerwulf.com. on the same day. Beerwulf shall be entitled to treat any signature obtained in good faith as binding you. Claims cannot be entertained, and we accept no liability for missing or damaged Products not notified to us within 24 hours of delivery.
6.8. In respect of the non-delivery of Products for which an invoice has been raised, any claim must be made in writing to Beerwulf by email to service@beerwulf.com within five days of the date of the invoice.
6.9. B2B Customers agree that they will not bring any claim relating to these Reseller Ts&Cs (in contract, tort, negligence or otherwise) personally against any director, officer, employee or consultant of Beerwulf.
6.10. It is a condition of these Reseller Ts&Cs that any Products supplied under it shall not be exported outside of the UK without our prior written agreement.
6.11. Beerwulf Products are intended for the UK market and any onward sale or related duties etc. payable or non-UK compliance requirements shall be solely your responsibility. Our Products comply with applicable UK requirements for labelling. We make no guarantee that the Product labelling complies with any local law requirements which may apply outside of the UK. Any changes to the information on labels will be solely the responsibility of the person that makes such change. If you intend to export the Product outside of the UK, you are responsible for ensuring the label complies with any local law requirements. You will keep us fully indemnified at all times on demand against any assessments, claims, demands, losses, liabilities or expenses which we incur as a result of any failure by you to fulfil your obligations under such legislation or procedures.
6.12. If you are buying Products as a B2B Customers, you confirm and warrant that you have all the necessary licenses and registrations to buy and resell the Products. If you are wholesaling Products, you warrant and confirm that you have been approved for registration with AWRS (the Alcohol Wholesaler Registration Scheme), you will comply with the conditions of that approval and you will inform us of any cancellation or change to your AWRS registration. If you are exporting Products, you warrant and confirm that you have been approved for registration with WOWGR (Warehousekeepers and Owners of Warehoused Goods Regulations) and you will inform us of any cancellation or change to your WOWGR registration.
7. Product Handling and Storage
7.1. B2B Customers are fully responsible for the appropriate handling and storage of Products to maintain Product quality and safety and, shall take all reasonable steps to preserve the quality of the Products from the time of delivery until dispensed to the ultimate consumer.
7.2. Beerwulf accepts no liability for any deterioration of Product quality due to incorrect storage, temperature control, or expired stock.
7.3. B2B Customers shall co-operate fully in the event of a recall of the Products, and you shall provide such co-operation and assistance as we may reasonably request in order to comply with applicable legal requirements relating to the Products.
8. Beer Dispensing Appliance Warranty
8.1. Any beer dispensing appliance we sell to you comes with a warranty from its manufacturer. The Blade manufacturer is WIK Elektro-Hausgerate Vertriebs GmbH & Co. Prod. KG. The BeerTender manufacturer is Groupe SEB Moulinex S.A. (or one of its affiliated companies). For details of the applicable terms and conditions, please refer to the warranty provided by such manufacturers in respect of the relevant appliance. If any beer dispensing appliance sold to you develops a defect while under warranty, or you have any other issue with the Product, you should contact us in the first instance. If the applicable terms and conditions are unclear, you may contact us to find out what the manufacturer’s applicable warranty is at that time.
8.2. The warranty provided on BeerTender and Blade appliances is 2 years, but Refurbished Blades have a warranty of 12 months from your purchase date as they have been previously used. The repair process for the BeerTender is outlined in paragraph 8.1 above. In relation to a Blade or BeerTender device, if a problem arises within 30 days of purchase, we will replace the appliance with a new appliance free of charge. If a problem arises more than 30 days after the date of purchase, unless you can prove that there was a defect at the time of delivery, we will utilise our repair service to repair your machine. If the appliance becomes defective outside of the 2-year warranty period, we will no longer be liable to repair or replace the appliance. This does not affect your statutory legal rights.
8.3. We only warrant beer dispensing appliances bought from /ordered through our Website. Please provide us with proof of purchase, such as an order number when claiming the warranty. If you no longer have proof of purchase, you will not be able to rely on the warranty.
8.4. We disclaim any and all other warranties, whether express or implied in relation to the beer dispensing appliances to the fullest extent permitted by law. Any warranty or guarantee given under these Reseller Ts&Cs’does not affect your legal rights for faulty or misdescribed goods.
8.5. Any guarantee or warranty given under this section does not apply to defects in beer dispensing appliances which have arisen as a result of fair wear and tear, wilful damage, accident or negligence by the B2B Customers, or any third party, failure to use the beer dispensing appliance in accordance with our instructions, or alteration or repair carried out on the beer dispensing appliance the B2B Customers without our prior approval.
8.6. It is the B2B Customers responsibility to ensure the beer dispensing appliance is installed in a safe and appropriate manner.
8.7. Shortly after you purchase a beer dispensing appliance, we will send you an email setting out the maintenance guidelines for that beer dispensing appliance. We will not be held responsible should you fail to follow those guidelines.
8.8. Beerwulf will not be held liable for any damage(s) which may be caused to the B2B Customers or to the B2B Customers property through improper use of our beer dispensing appliance.
9. Brand Representation
9.1. B2B Customers may not use the Beerwulf name, logo, trademarks, or marketing materials without prior written approval.
9.2. Products must be sold in their original, unaltered packaging. Any repackaging, rebranding, or modification is prohibited.
9.3. Subject to mandatory laws, B2B Customers shall not:
- use any of the names, or logos applied to any of the Products, except for the purpose of identifying and promoting the Products in a manner which is acceptable to us; or
- sell, dispose of or describe the Products under or by reference to any name or description other than the name or description of the Products.
9.4. B2B Customers shall ensure, and shall use reasonable endeavours to procure that the Products are not the subject of any promotions or activity that are otherwise than in accordance with the guidance published by the Portman Group and the British Beer and Pub Association relating to responsible drinking and promotions.
10. End-Customer Relationship
10.1. Beerwulf is not a party to any transaction between the B2B Customers and their customers.
10.2. The B2B Customers bears sole responsibility for customer service, returns, warranties, and any disputes related to the onward sale of the Products.
11. Limitation of Liability
11.1. Beerwulf does not exclude any liability to you in respect of (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979; (iv) defective Products under the Consumer Protection Act 1987; or (v) anything else that cannot be excluded by the operation of law.
11.2. Subject to condition 11.1, Beerwulf shall under no circumstances whatsoever be liable to you (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect or consequential loss, including but not limited to loss of profit, loss of business or business opportunity; loss of revenue, loss of anticipated savings, depletion of goodwill, business interruption, damage to reputation; or any indirect or consequential losses of any nature, howsoever arising, under or in connection with these Reseller Ts&Cs.
11.3. Beerwulf is not liable for claims made by the reseller’s customers regarding Product quality or suitability for a particular use.
11.4. To the fullest extent permitted by law, Beerwulf’s total aggregate liability to B2B Customers in respect of all other losses arising under or in connection with these Reseller Ts&Cs, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the invoiced value of the Products in question purchased by B2B Customers directly from us.
12. No Warranty for Resale
12.1. Products sold for resale are provided “as is,” without any warranties, express or implied, including fitness for purpose or merchantability. 12.2. Beerwulf disclaims any responsibility for how Products are priced, promoted, or used once resold.
12.3. There are no conditions, warranties, representations or terms, express or implied, that are binding on us except as specifically stated in these Reseller Ts&Cs. Any condition, warranty, representation or term concerning the Products which might otherwise be implied into or incorporated in these Reseller Ts&Cs, whether by statute, common law or otherwise, is hereby expressly excluded.
13. Indemnification
13.1.The B2B Customers agree to indemnify and hold Beerwulf, its affiliates, and suppliers harmless against any third-party claims, losses, damages, expenses and costs (including legal fees) that Beerwulf incur as a result of their negligence, any breach of these Reseller Ts&Cs, or resulting from the resale or misuse of Beerwulf Products.
14. Data Protection
14.1. Any data processed by us in connection with these Reseller Ts&Cs or any contract we may have with you shall be in accordance with our privacy policy (available here) and the following data protection laws: the Data Protection Act 2018 (“DPA”), other data protection legislation in force from time to time in the UK, and to the extent applicable, the EU General Data Protection Regulation 2016/679 (with the DPA taking priority in the event of conflict).
15. Other important terms
15.1. We may update or amend these Reseller Ts&Cs from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
15.2. These Reseller Ts&Cs supersede any other online terms and conditions of sale previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise regarding online purchasing. For the avoidance of doubt, these Reseller Ts&Cs shall not supersede any existing contract between you and us.
15.3. B2B Customers may not assign or sub-contract any rights or obligations under these Reseller Ts&Cs to any third party unless we agree in writing.
15.4. Beerwulf may assign, transfer or sub-contract any of our rights or obligations under these Reseller Ts&Cs to any third party at our discretion.
15.5. No relaxation or delay by us in exercising any right or remedy under these Reseller Ts&Cs shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
15.6. If any of these Reseller Ts&Cs are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Reseller Ts&Cs shall remain in full force and effect.
15.7. Only yo B2B Customers and Beerwulf shall be entitled to enforce these Reseller Ts&Cs. No third party shall be entitled to enforce any of these Reseller Ts&Cs, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.8. These Reseller Ts&Cs are governed by English law. In the event of any matter or dispute arising out of or in connection with these Reseller Ts&Cs, you and Beerwulf shall submit to the exclusive jurisdiction of the English courts.