TERMS AND CONDITIONS

ONLINE SHOP TERMS AND CONDITIONS

If you have a question regarding ordering our online shop then head to our Online Shop FAQs. These answer all questions regarding ordering, delivering and how to get in touch with us if there is a problem.

Below are the legal terms of our online shop.

By placing your order you are agreeing to the terms and conditions set out below. Use of any functionality of windsweptbrewing.com constitutes acceptance of the Terms and Conditions.

Any personal information provided by you is confidential and will not be passed on to any other companies or organisations not affiliated with our online business.

Windswept Brewing Co reserves the right to amend these Terms and Conditions without notice at any time. Your continued use of this site after changes are posted will constitute your acceptance of the changes to these Terms.

GENERAL

You must be aged 18 or over to purchase alcohol. It is an offence to sell alcohol to anyone under the age of 18 in the UK. When ordering and making a payment you will be required to confirm that you are aged 18 or over.

If your order is a gift and contains alcohol, the recipient must also be aged 18 years or older. An adult over the age of 18 may be required to sign for delivery.

We aim to ensure the prices shown are correct. If an error does occur, we will make every effort to contact you to confirm if you would like to proceed with the order at the correct price.

While every effort is made to supply all items listed online, there are instances where this may not be possible. In these cases we will contact you and offer a substitute with the same or greater value.

We reserve the right to withdraw or replace products online without notice. Merchandise prices and specifications are also subject to change without notice.

We make every effort to ensure that the information on this website is correct. However, Windswept Brewing Co takes no responsibility and shall not be held liable for any information relating to a third party that is incomplete, inaccurate or out of date.

Even where your payment is accepted by our systems, no contract shall exist until Windswept Brewing Co have dispatched the items to you.

Windswept Brewing Co will not be held responsible for any loss, consequential loss or damage to any individual or business which may have occurred from the use (or misuse) of any product or any information contained on this website.

PAYMENT

Payment can only be made using credit/debit cards through SagePay. Unfortunately we cannot take orders by phone or email.  Card payments are made through a secure server. Windswept Brewing Co does not store your financial details. Your personal details are not passed to any third party. Payment will be taken at the time of ordering.

DELIVERY

Please read our current FAQs for most up to date delivery information.

Please note customers accept responsibility when beer is left in their stated safe delivery place. Once in the customer’s care, please note the products should be kept in a cool, dark space. This is the customer’s responsibility.  Windswept Brewing Co is not liable for damage caused by customer mishandling.

Alcohol is best enjoyed in moderation.

RETURNS, REFUNDS AND CANCELLATIONS

If you wish to return merchandise goods only, they must be returned in their original packaging to;

Windswept Brewing Co
Unit B
13 Coulardbank Industrial Estate
Lossimouth
IV31 6NG

Please note that return shipping will be paid by the customer except in cases where goods are faulty, in which case they will be reimbursed to the customer. Once the goods are received back in our warehouse, a refund will be processed for the goods, minus applicable shipping costs, unless the return concerns faulty or damaged goods. Regarding any beer, cider or spirit goods, if there is a problem with your order, items are faulty, or you wish to return goods for any other reason, please contact us at info@windsweptbrewing.co.uk

COOKIES

A cookie is a small data file stored by your web browser on your computer. It allows us to recognise your computer by associating the identification numbers in the cookie with other customer information you have provided to us. That customer information is stored on our secured database. We use cookies to keep track of what you have in your basket and to remember you when you return to our site. They can also tell us which website you came to us from.

Cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

Cookies are also used in the functioning of the online store section of our site, by keeping track of information you enter into the site (products chosen, delivery address etc) so that it can be passed onto us to generate your order.

By using our website, you agree that we can place these types of cookies on your device. You can choose to accept or decline cookies (most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer). This may however prevent you from using this website.

PRIVACY POLICY

Windswept Brewing Co is committed to protecting the privacy of our site visitors and customers. We will not disclose information about our customers to third parties except where it is part of providing a service to you – e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research or where we have your express permission to do so. We will not sell your name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom you may have linked to our site) without your expressed permission.

Windswept Brewing Co does not collect Personal Information about you, except when you provide it to us. When you submit your personal information you will be asked to consent to joining our mailing list. If you would prefer that we don’t collect any Personal Information from you other than to fulfil your order then please do not consent to our mailing list. We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information concerning your use of Windsweptbrewing.com, such as information regarding which of our pages are most popular and general website administration.

If you consent to joining our mailing list we will use your information to tell you about our products, promotions and special offers that may be of interest to you via email. In particular, we may look at what you have previously ordered in an attempt to tell you about promotions that will be of particular interest to you. All customers are given the opportunity to opt-out of receiving such further information that they give by contacting customer services at marketing@windsweptbrewing.co.uk

We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.

Sensitive information is not sought through this website. Sensitive information includes data relating to: race or ethnic origin; political opinions; religious or other similar beliefs; physical or mental health. If you do provide sensitive information, by providing that information you explicitly consent to us using it for the purposes for which it has been provided.

WINDSWEPT TAP ROOM – TRACK AND TRACE

As part of the new COVID-19 regulations, the Scottish Government require us to collect Tap Room customer information as part of their track and trace programme. 

Please read below for full details of this policy which has been written in accordance with NHS guidelines. 

For the health and safety of the customers and staff, we are recording the name and contact details of everyone who comes to the Tap Room to support NHS Scotland’s Test and Protect.

This information will be used to enable NHS Scotland to contact you, should you have been in the premises around the same time as someone who has tested positive for coronavirus.

Contacting people who might have been exposed to the virus is an important step in stopping the spread. Reasons for data collection – as stated above, the purpose for which we are processing your personal data is to assist with NHS Scotland’s Test and Protect strategy in relation to the coronavirus public health epidemic. This will involve the gathering and, when necessary, the sharing of information with NHS Scotland as the responsible body for Test and Protect. Your data will not be used for any other purpose. In order to assist in the containment of the virus, we will only share your data when it is requested directly by NHS Scotland. This will only be in the unlikely event there is a cluster of coronavirus cases linked to the venue. Information will be transferred securely to NHS National Services Scotland who will use the data to contact trace those who were in the establishment at the same time as the positive case, and will provide guidance and support to those who may be advised to self-isolate. Read further information on the NHS Scotland Test and Protect strategy on the NHS website at: www.informationgovernance.scot.nhs.uk/use-of-your-data-for-track-trace-isolate-tti/

Type of data collected
Along with the date and time of your arrival and departure, we will collect the following personal data if applicable:

  • your name; and contact telephone number

If you do not have a telephone number, you have the option to provide:
a postal address; or an email address
Customer health information will not be requested or stored.

Lawful basis for collecting this data
Under data protection law, GDPR Article 6(1), we have a number of lawful bases that allow us to collect and process personal information. In this case, the lawful basis for processing your data is ‘legitimate interests’. Broadly speaking ‘legitimate interests’ means that we can process your personal information if we have a genuine and legitimate reason and we are not harming any of your rights and interests.

Our legitimate reason for processing your data is to assist with NHS Scotland’s Test and Protect strategy in relation to the coronavirus public health epidemic. Before sharing any information we will carefully consider and balance any potential impact on you and your rights.

Data retention period

Your personal data will be retained only for the purposes stated in this privacy notice and will be held by us for no more than 3 weeks (21 days). All personal data will be held and disposed of in a safe and secure manner.

Your rights
As defined in the data protection law, GDPR Article(s) 12-23, you have the following rights:

  • the right to be informed about the collection and use of your personal data. This is outlined above.
    · the right to erasure. If at any point within the 21 days after your visit you decide you’d like us to delete the personal data you provided, please advise us and we will delete all information related to you.
    · the right to object to us processing your personal data. If you do so, we will delete all the personal data we hold in relation to you
    · the right to rectification. If the information held is in any way incorrect, you can contact the data controller and request that the information be rectified.

In certain circumstances exemptions to these rights may apply. Further information is available on the Information Commissioner’s Office website at:

www.ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/

Complaint procedure
If you consider that your personal data has been misused or mishandled by us, you can raise this with the data controller. In this instance, the data controller is the manager of this venue. If you remain dissatisfied you can make a complaint to the Information Commissioner, who is an independent regulator. The Information Commissioner can be contacted at: Post: Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Telephone: 0303 123 1113 Email: casework@ico.org.uk

Any complaint to the Information Commissioner is without prejudice to your right to seek redress through the courts.

For the health and safety of the customers and staff, we are recording the name and contact details of everyone who comes to the Tap Room to support NHS Scotland’s Test and Protect.

This information will be used to enable NHS Scotland to contact you, should you have been in the premises around the same time as someone who has tested positive for coronavirus.

Contacting people who might have been exposed to the virus is an important step in stopping the spread. Reasons for data collection – as stated above, the purpose for which we are processing your personal data is to assist with NHS Scotland’s Test and Protect strategy in relation to the coronavirus public health epidemic. This will involve the gathering and, when necessary, the sharing of information with NHS Scotland as the responsible body for Test and Protect. Your data will not be used for any other purpose. In order to assist in the containment of the virus, we will only share your data when it is requested directly by NHS Scotland. This will only be in the unlikely event there is a cluster of coronavirus cases linked to the venue. Information will be transferred securely to NHS National Services Scotland who will use the data to contact trace those who were in the establishment at the same time as the positive case, and will provide guidance and support to those who may be advised to self-isolate. Read further information on the NHS Scotland Test and Protect strategy on the NHS website at: www.informationgovernance.scot.nhs.uk/use-of-your-data-for-track-trace-isolate-tti/

Type of data collected
Along with the date and time of your arrival and departure, we will collect the following personal data if applicable:

  • your name; and contact telephone number

    If you do not have a telephone number, you have the option to provide:
    · a postal address; or an email address

Customer health information will not be requested or stored.

Lawful basis for collecting this data
Under data protection law, GDPR Article 6(1), we have a number of lawful bases that allow us to collect and process personal information. In this case, the lawful basis for processing your data is ‘legitimate interests’. Broadly speaking ‘legitimate interests’ means that we can process your personal information if we have a genuine and legitimate reason and we are not harming any of your rights and interests.

Our legitimate reason for processing your data is to assist with NHS Scotland’s Test and Protect strategy in relation to the coronavirus public health epidemic. Before sharing any information we will carefully consider and balance any potential impact on you and your rights.

Data retention period

Your personal data will be retained only for the purposes stated in this privacy notice and will be held by us for no more than 3 weeks (21 days). All personal data will be held and disposed of in a safe and secure manner.

Your rights
As defined in the data protection law, GDPR Article(s) 12-23, you have the following rights:

  • the right to be informed about the collection and use of your personal data. This is outlined above.
    · the right to erasure. If at any point within the 21 days after your visit you decide you’d like us to delete the personal data you provided, please advise us and we will delete all information related to you.
    · the right to object to us processing your personal data. If you do so, we will delete all the personal data we hold in relation to you
    · the right to rectification. If the information held is in any way incorrect, you can contact the data controller and request that the information be rectified.

In certain circumstances exemptions to these rights may apply. Further information is available on the Information Commissioner’s Office website at:

www.ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/

Complaint procedure
If you consider that your personal data has been misused or mishandled by us, you can raise this with the data controller. In this instance, the data controller is the manager of this venue. If you remain dissatisfied you can make a complaint to the Information Commissioner, who is an independent regulator. The Information Commissioner can be contacted at: Post: Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Telephone: 0303 123 1113 Email: casework@ico.org.uk

Any complaint to the Information Commissioner is without prejudice to your right to seek redress through the courts.

 

 

COPYRIGHT AND IP RIGHTS

All content included on this website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Windswept Brewing Co, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Windswept Brewing Co.

GENERAL TERMS

We are committed to responsible data management and comply with the principles of the current Data Protection Act

AGE OF CONSENT

To use this site, you must be of legal age to purchase/consume alcohol in your country, state or province of residence.

DATA (PROTECTION, DISCLOSURE & PRIVACY)

INFORMATION THAT WE COLLECT

You have the opportunity to opt in to email communications via the Keep in Touch page. By opting in to receive communications, you consent to the collection, use and transfer of your personal information under the terms of this policy. We will not provide this information to any third party.

If after you opt-in, you change your mind, you may withdraw your consent at anytime, by contacting us at info@windsweptbrewing.co.uk

DISCLOSURE

We may disclose your personal information if we are required by law to do so, if you violate our Terms of Service or, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

Otherwise we will not share, sell or distribute any of the information you provide to us without your consent.

FOI

You may request details of personal information which we hold about you under the current Data Protection Act. A small fee may be payable. If you would like a copy of the information held on you please write to Windswept Brewing Co., Unit B, 13 Coulardbank Industrial Estate, Lossiemouth IV31 6NG

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all requirements and implement additional generally accepted industry standards.

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@windsweptbrewing.co.uk or by mail to:

Windswept Brewing Co.
Unit B, 13 Coulardbank Industrial Estate,
Lossiemouth
IV31 6NG

Tel: +44 (0)1343 814310
Email: info@windsweptbrewing.co.uk
Company registration: SC415555
Registered name: Windswept Brewing Co. Ltd.
VAT No. 137744690

 

 

 

 

 

 

 

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