Welcome to www.wearehurd.com (the “Site”), a trading name of We Are Hurd LTD. Our registered office is 6 Church Lane, Old Brookend, Berkeley, GL13 9SL. We are registered in England with company number – 09674872.
By accessing or using the Site, purchasing our Products or using our subscription service, you agree to be bound by all of the terms and conditions in, and linked to, these Terms of Service (the “TOS” or the “Agreement”). If you do not wish to be bound by this Agreement, then you may not access or use this Site or purchase any Products. If you have any questions or concerns regarding this statement, then you should contact us at [email protected].
You must read and accept all Terms of Service before using the Site offered by Hurd.
The purchase of products from the Site from We are Hurd LTD. (“we” or “us” or “Hurd”) is governed by these terms and conditions. By ordering any of our Products, you (“you”, “the Purchaser” or “the Buyer”) agree to be bound by these terms and conditions. Contained in these terms and conditions are details of current regulations governing online shopping. If you intend to purchase from this Site Hurd recommends that you print and carefully read and review a copy of these terms and conditions. Hurd reserves the right to change, modify, substitute or remove, without notice, any information on this Site as necessary. You are also required to approve the Standard Terms and Conditions of Braintree (“Payment Services Agreement”).
Description of Services
The Hurd Craft Drinks and Vinyl Subscription Services are not available to:
If you do not qualify, you may not use the Hurd Craft Drinks and Vinyl Subscription Services or these areas on the Site.
This Agreement, together with any additional terms on the Site, shall govern any order you make through the Site or Services for Products. Hurd ships only to addresses in Austria, Belgium, France, Germany, Hungary, Italy, Luxembourg, Netherlands, Republic of Ireland, Spain, United Kingdom. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). For any reason, we may decline to accept your Order or any part of your Order. If we decline to accept your Order, we will attempt to notify you at the email address you provided. The Products will be at your risk from the time of delivery. Ownership of the Products passes to you on delivery as long as full payment has been received.
We will only supply alcohol based products to you if you are over the legal age, which is 18 years old in the United Kingdom. In accordance with the Licensing Act 2003 it is an offence for any person under the age of 18 to purchase, or attempt to purchase alcohol and the fine for such an offence is a maximum of £1,000. Similarly any person over the age of 18 purchasing alcohol on behalf of any person under the age of 18 is subject to a maximum fine of £5,000.
It will be assumed that you are over the above mentioned ages if you complete the order process as this forms part of the contract of sale. It is also assumed that someone over the age of 18 will be available to accept delivery at the delivery address provided for your Order.
The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. By submitting your payment information to us, you authorise us to charge you via the applicable payment method at our convenience. Monthly customers hereby authorise us to charge you and take payment each month until such time as you have cancelled your membership in accordance with this contract. Similarly, Quarterly or Biannually customers hereby authorize us to take payment each 3 months or 6 months, as applicable until such time as you cancel your membership. You represent that you will not use any form of payment unless you have all necessary authorisation to do so. To pay for an Order, you will need to provide Hurd with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such order. We can only accept payment in pounds Sterling. We accept debit and credit cards including Mastercard, Visa, Visa Debit/Delta and Visa Electron.
In the unlikely event that your payment card is used fraudulently to make a purchase with Hurd, you, the consumer, are entitled to cancel the said payment(s). If payment has already been made, you, the customer, are entitled, in accordance with the standing Consumer Protection (Distance Selling) Regulations 2000 (as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005) (together “the Distance Selling Regulations”), to a re-credit or to have all sums returned to you by the card issuer.
Where we have validly taken payment in consideration of providing Products under this contract and where the Customer obtains a repayment from their credit card provider (“also known as a Charge Back”), notwithstanding such Charge Back, the Customer shall remain liable to us for such sums save where the Customer has returned the Products to us in the specific circumstances permitted by this Agreement. Customers receiving a Charge Back shall be liable to pay us an administration charge of £20 each month until we receive payment in full from the Customer where the Charge Back represents a breach of this Agreement.
We are not responsible for typographical errors regarding price or any other matter. Products displayed may be unavailable and thus you will be contacted by our support team, and prices are subject to change. Despite our best efforts, a small number of the items on our Site may be mispriced. All subscription membership plans to the United Kingdom prices include shipping. Subscription membership plans to every country we ship to outside of the United Kingdom will be subject to £9.99 shipping per box ordered. Gift subscriptions are subject to the displayed shipping cost.
Monthly members can cancel their Hurd membership with no cancellation fees at any time, unless they are looking to cancel and be refunded for renewal order before receiving it, which they have not cancelled before the renewal date (see below under Refunds). Cancellation can be done by either:
Users who purchase (when available) Quarterly, or Biannually memberships can be cancelled any time but may incur a cancellation fee. This fee will be calculated when the cancellation request is received by Hurd and will be based on discounts received for purchasing an extended membership. Users are also able to change the shipping address and recipient of their membership at any time which can be done so via their ‘account’ settings.
As the nature of our Craft Drinks products is perishable, we can only accept returns made within 7 working days of you receiving your order. Please pack your box securely and include your full name and delivery address along with your return. We will not be able to refund your box if we cannot identify your account. You will remain responsible for your box and all costs incurred for postage until it reaches our warehouse. We recommend that you send your box with a traceable carrier. Returns must be shipped prepaid, we do not accept C.O.D. deliveries. A refund or replacement order from our self will only take place or be sent where your original order is lost or damaged. We will not be held responsible if user has inputted an incorrect address and their order has been shipped there, nor will we be responsible if a user has processed an incorrect number of orders.
Members who want to be refunded for a renewal order must contact Customer Services before the 20th of the same month. After this date, members will have to return the box which has been sent out to them to receive a refund and member will remain responsible for box and all costs incurred for postage until it reaches Hurd warehouse. Refunds of renewals are subject to an admin fee of £1.00.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL HURD BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
We warrant to you that any Product purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products you purchased. This does not include or limit in any way our liability:
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but limited to:
You agree to indemnify and hold Hurd (and its officers, directors, employees, agents and suppliers) harmless from any claim or demand, including reasonable legal fees, or arising out of or related to your breach of this Agreement, or your violation of any law or the rights of a third party.
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party shall survive the expiration or termination of this Agreement.
This Contract, its formation and the supply to you of any products or services ordered on our Website will be governed by UK law. Any dispute or claim arising in connection with the supply to you of any products or services, the formation of this Contract or any non-contractual dispute will be subject to the exclusive jurisdiction of the UK courts.
Hurd reserves the right to modify or terminate the Hurd service for any reason, without notice, at any time. Hurd reserves the right to alter this TOS or other Site policies at any time, so please review the policies regularly. If Hurd makes a material change, Hurd will notify you here, by email, by means of a notice on our home page, or other places Hurd deems appropriate. What constitutes a “material change” will be determined at Hurd’s sole discretion, in good faith, and using common sense and reasonable judgment.
This Agreement including, without limitation, any other terms and conditions that may appear on the Site from time-to-time (for example, the shipping policy, return policy, and information regarding items and orders) contain the full understanding and agreement with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of this Agreement shall remain in full force and effect. The failure of Hurd to insist upon or enforce strict performance by you of any provision of this Agreement shall not be construed as a waiver of any provision or right. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement. We may provide notice to you relating to the Site and/or this Agreement by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.
Only one coupon is allowed per order and must be redeemed before it’s expiry date. Often our coupon codes are only relevant to certain subscription plans and therefore you must add the relevant plan to your basket. Coupons cannot be used in conjunction with refer a friend credit.