Terms & Conditions
This document determines the terms and conditions under which Mills Breweriana & Collectables, supplies any of the goods listed for sales (in the following “Goods”) available on theMills Breweriana & Collectables website www.millscollectables.com (in the following “Website”) to the Consumer (being the customer effecting the order and the customer being the person effecting the purchase of the Product/s directly).
The Consumer is required to read these terms and conditions carefully, before an order is placed for any of the available Products and the Consumer acknowledges that by marking the button “ I agree with Terms & Conditions”, to be bound by these Terms and Conditions. Failing to “I agree with Terms & Conditions” will not enable completion of an order.
By marking “I agree with Terms & Conditions” (terms and conditions) the Consumer agrees as follows:
The Consumer is an individual or an organisation that buys Goods from Mills Breweriana & Collectables and “Consumer” shall have the meaning ascribed in section 12 of the United Kingdom Unfair Contract Terms Act 1977, unless and to the extent commercial entities are concerned not classified as Consumers; however for the purpose of these Terms and Conditions, Consumer shall include both commercial and private Consumers.
Contract means this contract of Sale between Mills Breweriana & Collectables and the Consumer for the sale and purchase of Goods incorporating these Terms and Conditions. Goods means the items, products, articles that the Consumer agrees to buy from Mills Breweriana & Collectables, via the Website or via telephone or other order. Terms and Conditions means the terms and conditions of sale set out herein and any additional special terms and conditions agreed in writing.
Nothing in these Terms and Conditions shall affect the Consumer’s statutory rights as a Consumer. These Terms and Conditions shall apply to all contracts for the sale of Goods by Mills Breweriana & Collectables to the Consumer and shall prevail over any other documentation or communication from the Consumer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Consumer’s acceptance of these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Mills Breweriana & Collectables. Any complaints should be addressed to Mills Breweriana & Collectables address P.O.Box 42905, Larnaka, 6503, Cyprus
All orders for Goods shall be deemed to be an offer by the Consumer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by Mills Breweriana & Collectables. Mills Breweriana & Collectables may choose not to accept an order for any reason. Subject to Mills Breweriana & Collectables Policy, where the Goods ordered by the Consumer are not available from stock the Consumer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund immediately, the latest within 30 days.
4. Age of Consent
Where Goods may only be purchased by persons of a certain age the Consumer must be at least 18 / 21 years of age to use our website. This site is intended to be used and accessed only by individuals of legal drinking age in their country of residence or in the country from which you are accessing 'the site'. By using our website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 / 21 years of age. If Mills Breweriana & Collectables discovers that the Consumer is not legally entitled to order certain Goods, Mills Breweriana & Collectables shall be entitled to cancel the order immediately, without notice.
5. Price and Payment
The price of the Goods is stipulated on the Website. Added to the price will be includes delivery/shipping charges, subject to applicable Mills Breweriana & Collectables policy. The total purchase price, including delivery charges, if any, will be displayed in the Consumer’s shopping cart prior to confirming the order. Payment of the price plus delivery charges must be made in full before dispatch of the Goods.
Goods supplied within Cyprus will normally be delivered within 3 (three) working days of acceptance of order. Goods supplied outside Cyprus will normally be delivered within 10 to 30 (Ten to Thirty) working days of acceptance of order. Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Consumer will be notified and given the opportunity to agree a new delivery date or receive a full refund. Mills Breweriana & Collectables shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and Mills Breweriana & Collectables shall not be liable for any losses, costs, damages or expenses incurred by the Consumer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery of the Goods shall be made to the Consumer’s address specified in the order and the Consumer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Title and risk in the Goods shall pass to the Consumer upon delivery of the Goods.
7. International Shipping Information
If the country of delivery is not within the EU then any additional charges for customs clearance must be borne by the Consumer; Mills Breweriana & Collectables has no control over these charges and cannot be held responsible for these charges. Consumers are advised to contact their local customs offices.
Refusal to pay the local import duties and taxes will result in the goods either being:
destroyed by customs; or
goods being returned to sender at the cost of the consignee (costs will be deducted from any refund owed).
8.Right of seller
Mills Breweriana & Collectables reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. Mills Breweriana & Collectables shall make every effort to ensure prices are correct at the point at which the Consumer places an order. Mills Breweriana & Collectables reserves the right to withdraw any goods from the Website at any time. Mills Breweriana & Collectables shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
9. Cancellation and return
The Consumer shall inspect the Goods immediately upon receipt and shall notify Mills Breweriana & Collectables within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. Some products are an oral product once opened and used it cannot be returned. Orders can be cancelled any time prior to shipping. Once shipped if returned unopened, the Consumer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary, up to a maximum of 10% of the purchase price.
10. Limitation of liability
Except as may be implied by law where the Consumer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by Mills Breweriana & Collectables the remedies of the Consumer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and Mills Breweriana & Collectables shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of Mills Breweriana & Collectables for death or personal injury resulting from the negligence of Mills Breweriana & Collectables or that of Mills Breweriana & Collectables’s agents or employees.
No waiver by Mills Breweriana & Collectables (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. Force Majeure
Mills Breweriana & Collectables shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Mills Breweriana & Collectables shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. Changes To Terms
Mills Breweriana & Collectables shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Consumer upon making a purchase.
These Terms and Conditions shall be governed by and construed in accordance with the law of Cyprus and the parties hereby submit to the exclusive jurisdiction of the Cyprus courts.