Terms & Conditions for the trade-in of PerfectDraft machines in exchange for Beer Tokens
This page, together with our Privacy Policy, tells you information about us and the legal terms and conditions for the purchase of Philips PerfectDraft machine model numbers HD3620 and HD3720 (“Product") by us ("Terms").
These Terms apply to you as a consumer, which is a private individual entering into a contract with us. They do not apply if you are acting as a trade customer (in other words, you are a business, regardless of whether you are registered with us as a trade customer).
You need to be an existing Beer Hawk customer, as defined hereinafter, with an active Beer Hawk account who purchased a PerfectDraft Pro on our website (www.beerhawk.co.uk) between 30/05/2022 and 31/07/2022 to be able to trade-in your Philips PerfectDraft machine under these Terms.
Existing Beer Hawk customer means a customer who made at least one PerfectDraft-related purchase on our website (eg. PerfectDraft kegs or Philips PerfectDraft machine) prior to the purchase of the PerfectDraft Pro machine.
- WHO WE ARE
We are PerfectDraft UK Limited (formerly Beer Hawk Limited) a company registered in England and Wales under company number 08118833 and with our registered office at Fetter Lane, EC4A 1EN. Our VAT number is 143 9594 82.
- CONTACTING US
You can contact us using the following e-mail address: [email protected].
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us.
- HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy for the purposes of buying the Product from you. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
- PRODUCT YOU CAN TRADE-IN IN EXCHANGE FOR BEER TOKENS
4.1. The only products that you can trade-in in exchange for Beer Tokens are Philips PerfectDraft machines model numbers: HD3620 and HD3720 (hereinafter "Product").
4.2. The Product needs to be functional, located and collectable by us or our partners in mainland England, mainland Wales and mainland Scotland (“Territory”).
4.3. You cannot trade-in:
- different models of the Product;
- Products located outside of the Territory;
- Products whose power supply is not fully functional;
- Products that are not fully functional, or broken Products;
- Products fitted with a Non-UK plug;
- Products which have been modified (eg: fitted with non-original spare parts, skins, etc)
- Products without a serial number.
- SUMMARY OF THE PROCESS
5.1 This paragraph contains a summary of the process. Please read the entire document, as it contains a detailed description of every phase, as well as important information for you.
5.2. You can trade-in your Product in exchange for Beer Tokens through our website (www.beerhawk.co.uk, the “Website”) or other platforms we might use to collect the relevant information.
5.3. In order to trade-in the Product and receive the Beer Tokens, you must register and have an active account on our Website.
5.4. Please note that before starting the process and being able to submit the necessary information, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to submit your information.
5.5. By submitting the required information, you are stating that you are the legal owner of the Product(s) you are submitting the offer for. You are also offering us your Product for trade-in in exchange for Beer Tokens and agreeing to the amount of Beer Tokens that will be shown on the relevant webpage.
5.6. The Beer Tokens will be credited within 7 days from the receipt of the Product by us or our partners.
The transfer of ownership of the Product from you to us will only occur once we have credited the Beer Tokens into your account. Until then, you will remain the legal owner of the Product.The transfer of ownership of the Product from you to us will only occur once we have credited the Beer Tokens into your account. Until then, you will remain the legal owner of the Product.
- INFORMATION COLLECTION PHASE
6.1. You shall provide us the information we need to confirm that we can offer for the trade-in of your Product, based on your declarations regarding the Product’s conditions, through our Website, or other platforms that we might use.
6.2. The information collection process works as follows:
- You will be asked to enter the model and serial number of your Product and to confirm that you are and have been the sole and exclusive legal owner of the Product.
- You will then be asked some questions regarding the condition of your Product.
- You will be asked to provide your email address and collection address for us to organise the collection of your trade in product. This is needed because we will need to have the Product shipped to us and/or to our partners.
- We will use the answers you provide to determine if your machine is eligible for trade in for the sum of £150 in Beer Tokens (the “Offer”)
- You will need to book a date for the pick-up of the Product by entering a specific date in the form.
- Once you are happy with your selection, the data entered and the Offer provided by us, you can then click on ‘Submit'. Please read these Terms carefully before clicking ‘Submit’ and do not click if you do not agree with them.
6.3. By clicking ‘Submit’ you are agreeing to trade-in your Product to us in exchange for the Beer Tokens indicated in the Offer. Please note that any obligation we may have to credit the Beer Tokens in your account is conditional upon the Product conforming to the description you gave us.
6.4. By providing the abovementioned information and clicking ‘Submit’, you confirm that:
- The answers that you provide regarding the Product are true and correct to your best knowledge.
- The Product you are willing to trade-in for Beer Tokens is in your lawful possession and you are its legal owner.
- You are willing to trade-in the Product to us for the number of Beer Token indicated in our Offer.
- You understand, accept, and agree that we will only provide the number of Beer Tokens indicated in the Offer and that no other proposed offers or valuations by any other method or source will apply. No cash alternatives are available.
- You understand that the Beer Tokens are subject to their terms and conditions and that by way of derogation to the abovementioned Beer Tokens terms and conditions, the Beer Tokens credited in accordance with these Terms can only be used to purchase PerfectDraft kegs or bottles and cans from the Website and must be used within ninety (90) days of crediting.
- The Product is safe to use, its power supply is functioning, and the Product as a whole is suitable for shipping. The packaging you will use for the Product can be handled and transported safely and is not dangerous.
6.5. Once you click on ‘Submit’, you will receive an automated email to confirm receipt of the information by us. From that moment, our customer service team will start reviewing your form to make sure you are eligible to the Offer.
6.6. Within three (3) working days after submitting the form, you will receive an e-mail to confirm our Offer. This e-mail is a confirmation of our acceptance of your offer to trade-in the Product in exchange of the Beer Tokens indicated in the Offer.
6.7. The confirmation e-mail mentioned in art. 6.5. will also contain your pack and ship guide. If you do not have the original box, we will send you one. We will check if the collection date you had selected is available and contact you by email to confirm the booking. If we are unable to book a collection for you at the time you selected, we will contact you to organise an alternative collection date. A shipping label will be provided by our partners upon collection of the product.
6.8. We reserve the right not to proceed with the collection of the Product, at our own discretion. Should this be the case, this will be communicated to you in a separate e-mail, which will state the reasons behind our choice.
- NON-BINDING OFFER
7.1. Our Offer is calculated on the basis of the information you provide us with regard to the Product and its conditions. This Offer is subject to the Product passing our Quality Assessment and shall be considered non-binding.
7.2. The Offer shall be valid for 30 (thirty) days from the date you receive the confirmation e-mail mentioned in article 6.5 (“Validity Period”).
7.3. If you fail to ship the Product to us within the Validity Period, we have the right to review the amount of Beer Tokens mentioned in the Offer.
- SENDING THE PRODUCT TO US OR TO OUR PARTNERS
8.1. After accepting our Offer, we will give you instructions on how to ship the Product to us. During the information collection phase, you will be asked to provide an address in the Territory for the collection of the Product.
8.2. We offer a single way to send your Product to us for free, providing access to our partners collection services (the “Collection”). The Product will be collected from the address provided and shipped to us with no additional cost to you.
8.3. Please note that the Product can only be collected at an address located in the Territory. If the collection address is outside of the Territory, we will be unable to proceed with the collection of the Product and the subsequent phases of the purchase process.
8.4. The Collection only applies to the Product that you have offered to sell to us by providing the relevant information and clicking ‘Submit’ in the relevant form, as set out in these Terms.
8.5. The Collection of any Product does not mean that we have confirmed acceptance of the Product that you have sent. Acceptance of the Product will only be confirmed once it has successfully passed the Quality Assessment (you can find more information about the Quality Assessment below).
8.6. You acknowledge and agree that we shall have complete discretion as to the method of transport and route of any package containing the Product.
8.7. After you click ‘Submit’, we will contact you via email to confirm the collection date you have chosen is acceptable.
8.8. Should the collection date not be suitable for you, get in touch with us as soon as possible to modify the booking and find an alternative date.
8.9. Should you not be at home on the collection date, the courier will try again the next working day. Contact us if collection is unsuccessful and you wish to reschedule it.
Important information: please read carefully
8.10. You acknowledge that it is your responsibility to package the Product safely and in a suitable way to prevent damage occurring to it during its collection and delivery to us. The Product needs to be packaged in a way to prevent damage to it and to anyone who might handle and open it.
8.11. Please check the information provided in your returns pack, sent via post to you prior to your collection date
8.12. Do not include any other additional item in the package containing the Product (e.g.: batteries, kegs, other products, etc). We will not be responsible for these other items.
8.13. We are not responsible for damages to the Product that may occur during the delivery.
8.14. The Product and its packaging shall not pose a hazard to people who may handle them.
- PRODUCT QUALITY ASSESMENT PROCEDURE
9.1. The Product Quality Assessment procedure is necessary for us to be able to confirm that we intend to finalize the trade-in process of your Product and credit the Beer Tokens into your account.
9.2. The Product Quality Assessment will entail:
- Collection and shipment of the Product to us or to our business partner;
- A physical inspection of the Product carried out by our team;
- Verification of the conditions of the Product and their correspondence with the information you have provided;
- Verification of the functionality of the Product and of its power supply.
9.3. When conducting a Quality Assessment of your Product we will use the Condition Specifications, which are subject to change, which have been presented to you on the Website, or affiliated platforms when you self-declared the condition of the machine in order to receive our Offer. The Condition Specifications set out on our Website supersede all others.
9.4. The Product will automatically fail the Quality Assessment if the Product that you have sent to us is not as you have described it when you entered the details of this Product on the Website or affiliate platform.
9.5. Each Product that you sell to us should match, where applicable, and including but not limited to, the make, model and condition that you select when using the Website and or any affiliated platform.
9.6. The Quality Assessment does not involve changes or modifications of your Product. Its functionality and characteristics will not be affected.
- CREDITING THE BEER TOKENS INDICATED IN OUR OFFER
10.1. If the Quality Assessment confirms that the Product’s conditions are conform to the information you provided to us, your offer to trade-in the Product in exchange for the Beer Tokens indicated in the Offer shall be deemed accepted by us.
10.2. The Beer Tokens will be credited in your Beer Hawk account. The ownership of the Product shall then be considered transferred to us.
10.3. You will receive a confirmation e-mail once the Beer Tokens have been credited.
10.4. If the Product conditions do not conform to what you declared, our Customer Service team will be in touch with you by email.
- OUR RIGHT TO REFUSE THE TRADE-IN
11.1. If the Quality Assessment of the Product reveals that either :
i. the Product is not a PerfectDraft machine model HD3620 or HD3720, or
ii. the conditions of the Product do not correspond to the conditions stated by you in the information collection phase, or
iii. the Product’s power supply is not fully functional, or
iv. the Product has been modified and/or is not conform to its original technical specifications.
we have the right to choose not to proceed with the trade-in. In this case, we can choose to return the Product back to you, at the address you provided, and notify you of our decision via e-mail.
- LOST OR STOLEN PACKAGES
12.1. If you believe that your package containing the Product has been lost, damaged or stolen (subject to our confirmation that we have not received your package) you will be required to provide a valid returns receipt which you will have been provided with by the relevant carrier.
12.2. It is your responsibility to obtain a receipt from the carrier and retain this for tracking purposes. If you cannot provide a valid returns receipt for the package you wish to claim for then you may not be able to claim for any loss or damage to your package and Product.
12.3. You must notify us in writing of any loss or damage, giving rise to a claim within twenty (20) days of the date on which your package was accepted by Yodel. This is so we can submit a claim within the deadlines set by third parties.
12.4. If you fail to provide a valid receipt within twenty (20) days of the date of your returns receipt, we shall not be liable for any loss or damage, unless you are able to demonstrate to our satisfaction that it was not reasonably possible for you to advise us or make such claim in writing within the twenty (20) day time period and subject to you then providing such advice or claim within a reasonable time.
12.5. We shall be entitled to make such investigations as we deem necessary to satisfy ourselves of the validity of any such claim.
12.6. In calculating the value of any claim we shall accept no other valuations than our own for the Product that you may be claiming for and under no circumstances do we accept any liability for any other loss, damage or compensation resulting from the use of our delivery services.
12.7. We will notify you in writing of the outcome of our investigation and, if your claim is successful, we will credit the Beer Tokens indicated in our Offer to your Beer Hawk account.
- INDEMNITY
13.1 You agree to indemnify and hold Beer Hawk harmless from and against any breach by you of these Terms and any claim or demand brought against Beer Hawk by any third party arising out of your actions, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Beer Hawk in consequence of your breach of these Terms.
- OUR RIGHT TO CHANGE THESE TERMS
14.1 We reserve the right to amend these Terms from time to time and your continued use of the service following any changes shall be deemed to be your acceptance of such change. These Terms were last amended on June 30th, 2022.
14.2 Changes to these Terms will apply only to the Products whose information was received after said changes.
- OUR LIABILITY
15.1 If we fail to comply with these Terms or we act negligently, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. The maximum amount we are liable for is the amount of Beer Tokens indicated in the Offer.
15.2 We do not in any way exclude or limit our liability for:
i. death or personal injury caused by our negligence;
ii. fraud or fraudulent misrepresentation;
iii. any other liability which we are not allowed to exclude or limit by law.
- EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 16.2.
16.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you. Our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
16.4 References in this Clause to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of the obligations set forth under these Terms. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance under these Terms (or that you have frustrated or hindered that performance), we may (though are not required to) treat the Offer as cancelled, and notify you in writing.
- OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract or these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to it in writing.
17.3 The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 We reserve the right to cancel and/or revoke the Offer and inform law enforcement agencies in circumstances where we consider (acting in our absolute discretion) that you are attempting to commit any type of fraud or to otherwise break the law or breach these Terms.
17.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.7 These Terms, and any contract between us under the Terms, are only in the English language and are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.