Customer Service

• Shipping & Delivery
• Privacy & Security
• Returns & Replacements
• Updating Account Information
• Terms of Use

Shipping & Delivery

• Shipping costs are currently based on Australian Postal Services rates and includes shipping destinations within Australia.
• Shipping costs will be calculated once you proceed to the check-out section and select the appropriate shipping method.
• Australian Domestic Postal Services delivery times vary depending on location. This excludes processing time and the days that the order and or payment was confirmed by ESB Brewing.
• Due to unforeseen circumstances some orders might take longer than usual. This depends on the availability of stock.
• Please allow a couple of days for processing your order.
• Note that once a package have been sent ESB Brewing takes no further responsibility and it is up to the customer to ensure that he receives/collects his parcel.

Privacy & Security

ESB Brewing respects your privacy this statement discloses the privacy practices for both our web site and email system.
We have designed ESB Brewing so that no personal identifying information is displayed online or is accessible to the general public. We do not sell or rent our customer information to any outside parties.

Described below is our privacy policy in these areas:

1. Use of Your Email Address
2. Registration
3. Sharing of Information
4. Updating Your Customer Information

Use of Your Email Address

If you provide us with your email address, register as a customer or make a purchase from us, we will occasionally send you email with recommendations or notices of new products and prices. This email may include paid advertisements from third parties. To block future email of this type, simply follow the instructions at the bottom of the message.

Separately, we send emails to keep you informed about the status your orders. These messages cannot be blocked.

Registration

During the ESB Brewing registration process, we ask you to provide us with contact information, such as name, billing address, shipping address, email address, and telephone number. We use this information to verify your account and to process your orders.

Sharing of Information

We do not sell, rent or share any customer information, except for transactions involving third parties. In such cases, we provide only the information required to complete the transaction. By contract, the third party is not permitted to sell, rent or share this information.

For advertising purposes, visitor and customer information is statistically aggregated and reported to advertisers. However, we do not disclose to these entities any information that could be used to personally identify you, such as your name, account, password, credit card number, or transaction history.

Returns and Replacements

If you feel that you are not satisfied with the product that you have purchased, you may return within 7 calendar days of receiving the product, in a un-opened and un-used state and in its original packaging. ESB Brewing will at its own discretion either exchange the product or refund it (excluding the shipping costs). ESB Brewing will not be liable for any costs incurred during this process. Please refer to our Conditions of Use section for a full description and Legal Notices. 

Updating Account Information

At any time you may update your ESB Brewing customer account information by going to the customer zone and clicking on "Edit Personal Details". Here you may update your name, password, billing address, shipping address, and telephone number. 

Terms of use

Welcome to ESB Brewing (www.esbrewing.com.au). ESB Brewing (www.esbrewing.com.au) and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using ESB Brewing (www.esbrewing.com.au) website and/or registering to shop on ESB Brewing (www.esbrewing.com.au) you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using ESB Brewing (www.esbrewing.com.au) website to trade and that you agree to be bound by these terms and conditions.

Should you not agree to the terms and conditions stipulated you may not use ESB Brewing (www.esbrewing.com.au) website.

Your access to ESB Brewing (www.esbrewing.com.au) website and use of any services provided by ESB Brewing (www.esbrewing.com.au) including any purchases made by you from ESB Brewing (www.esbrewing.com.au) are subject to terms and conditions established under the following headings.

• Terms of Use of ESB Brewing (www.esbrewing.com.au) Website
• Terms of Trade with ESB Brewing (www.esbrewing.com.au)
• Intellectual Property Statement
• Dispute Resolution
• Compliance with statutory consumer protection provisions
• Contact Information

Terms of Use of ESB Brewing (www.esbrewing.com.au) Website

ESB Brewing (www.esbrewing.com.au) grants you a limited license to access and make personal use of ESB Brewing (www.esbrewing.com.au) website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of ESB Brewing (www.esbrewing.com.au).

This license does not permit any resale or commercial use of ESB Brewing (www.esbrewing.com.au) website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of ESB Brewing (www.esbrewing.com.au) website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

ESB Brewing (www.esbrewing.com.au) website or any portion of ESB Brewing (www.esbrewing.com.au) website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of ESB Brewing (www.esbrewing.com.au).

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ESB Brewing (www.esbrewing.com.au) and our affiliates without prior written consent.

You may not use any meta tags or any other "hidden text" utilizing ESB Brewing (www.esbrewing.com.au) name or trademarks without the prior written consent of ESB Brewing (www.esbrewing.com.au). Any unauthorized use terminates the permission or license granted by ESB Brewing (www.esbrewing.com.au).

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ESB Brewing (www.esbrewing.com.au) website so long as the link does not portray ESB Brewing (www.esbrewing.com.au), its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ESB Brewing (www.esbrewing.com.au) logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.

ESB Brewing (www.esbrewing.com.au) may provide links from ESB Brewing (www.esbrewing.com.au) website to other websites which may offer services to you. ESB Brewing (www.esbrewing.com.au) is not responsible for evaluating the content or offerings made on these websites. ESB Brewing (www.esbrewing.com.au) does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to ESB Brewing (www.esbrewing.com.au) for any dealings with any other websites accessed through links provided by ESB Brewing (www.esbrewing.com.au) and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ESB Brewing (www.esbrewing.com.au) WEBSITE IS PROVIDED BY ESB Brewing (www.esbrewing.com.au) ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER The Brew Shop (www.thebrewshop.com.au), NOR IT”S DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ESB Brewing (www.esbrewing.com.au) WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF ESB Brewing (www.esbrewing.com.au) WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, ESB Brewing (www.esbrewing.com.au) ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ESB Brewing (www.esbrewing.com.au) DOES NOT WARRANT THAT ESB Brewing (www.esbrewing.com.au) WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ESB Brewing (www.esbrewing.com.au) ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. ESB Brewing (www.esbrewing.com.au) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ESB Brewing (www.esbrewing.com.au) WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL ESB Brewing (www.esbrewing.com.au), IT’S DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF ESB Brewing (www.esbrewing.com.au) WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF ESB Brewing (www.esbrewing.com.au), ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO NIL.

TERMS OF TRADE WITH ESB Brewing (www.esbrewing.com.au)

Invitation to do business

The products or services which appear on ESB Brewing (www.esbrewing.com.au) website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to ESB Brewing (www.esbrewing.com.au). Only when ESB Brewing (www.esbrewing.com.au) has accepted your offer and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.

The price of any products or services sold through ESB Brewing (www.esbrewing.com.au) shall be confirmed on the acceptance of your order. Despite our best efforts, a small number of the products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:

• If the correct price is lower than our stated price, we will charge the lower amount.
• If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.

IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through ESB Brewing (www.esbrewing.com.au) website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with ESB Brewing (www.esbrewing.com.au). You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services. Place and time of agreement

Agreement as to the terms of use of ESB Brewing (www.esbrewing.com.au) website shall be deemed to have be accepted by you at the time that you first accessed ESB Brewing (www.esbrewing.com.au) website and thereafter confirmed each time that you access ESB Brewing (www.esbrewing.com.au) website.

Agreement to use ESB Brewing (www.esbrewing.com.au) website and those governing all transactions that may be effected using ESB Brewing (www.esbrewing.com.au) website shall be deemed to have taken place in Johannesburg.

All communications with ESB Brewing (www.esbrewing.com.au) facilitated by ESB Brewing (www.esbrewing.com.au) website, ESB Brewing (www.esbrewing.com.au) call center, or email communicated between you and ESB Brewing (www.esbrewing.com.au) shall be deemed to have been received, in the case of communications initiated by ESB Brewing (www.esbrewing.com.au), when the communication leaves ESB Brewing (www.esbrewing.com.au) website or email server, and in the case of communications initiated by you, when it is received on ESB Brewing (www.esbrewing.com.au) website or email server. Acceptance by ESB Brewing (www.esbrewing.com.au) of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves ESB Brewing (www.esbrewing.com.au) website or email server. 

ESB Brewing can cancel any order at any time

Orders will not be kept for longer than 3 weeks

Backorders

Due to the popularity of some products or services, ESB Brewing (www.esbrewing.com.au) may not always have an products or services ordered by you in stock. ESB Brewing (www.esbrewing.com.au) will accept orders for out of stock products or services to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you is not in available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.

Electronic communications

When you visit ESB Brewing (www.esbrewing.com.au) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. ESB Brewing (www.esbrewing.com.au) will communicate with you by e-mail or by posting notices on ESB Brewing (www.esbrewing.com.au) website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to ESB Brewing (www.esbrewing.com.au) website and transactions concluded using ESB Brewing (www.esbrewing.com.au) website, as well as your intent to enter into any transaction with ESB Brewing (www.esbrewing.com.au), may be evidenced by any action by you from which this may reasonably be inferred.

Registration

Before you may make an offer to purchase any of the products or services provided by ESB Brewing (www.esbrewing.com.au) it is necessary that you register as a purchaser. Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and ESB Brewing (www.esbrewing.com.au) may take whatever legal action it deems necessary to obtain the appropriate relief.

Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide ESB Brewing (www.esbrewing.com.au) with, complete and accurate information about yourself and you warrant that the information provided is correct.

Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider, but it typically takes less than an hour to receive the email confirmation. If you do not receive the email confirmation, you should contact our call centre, the details of which are contained under Contact information.

Password

Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on ESB Brewing (www.esbrewing.com.au) website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.

If you suspect that the confidentiality of your password has been compromised you should immediately advise ESB Brewing (www.esbrewing.com.au) of this fact by email. ESB Brewing (www.esbrewing.com.au)  in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully. • Automatic Information: ESB Brewing (www.esbrewing.com.au) receives and stores certain types of information whenever you interact on The Brew Shop (www.thebrewshop.com.au) website or communicate with ESB Brewing (www.esbrewing.com.au) by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses ESB Brewing (www.esbrewing.com.au) • E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from (Name of website), if your computer supports such capabilities.

By providing the information to ESB Brewing (www.esbrewing.com.au) you consent to ESB Brewing (www.esbrewing.com.au) collecting maintaining, storing and processing the information, provided that ESB Brewing (www.esbrewing.com.au) shall:

• not disclose your personal information to a third party other than to effect the transactions agreed to in using ESB Brewing (www.esbrewing.com.au) website without obtaining your express consent to do so;
• only disclose your personal information, without your consent, if legally required to do so;
• be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
• ESB Brewing (www.esbrewing.com.au) shall own and retain all rights to non-personal statistical information compiled by it.

While ESB Brewing (www.esbrewing.com.au) and its affiliates shall take commercially reasonable care to safeguard the information provided by you to ESB Brewing (www.esbrewing.com.au) from unauthorized access or disclosure, ESB Brewing (www.esbrewing.com.au) does not represent or guarantee that the safeguards will provide absolute protection.

ESB Brewing (www.esbrewing.com.au) shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.

INTELLECTUAL PROPERTY STATEMENT

Copyright in any information or trade marks displayed anywhere on ESB Brewing (www.esbrewing.com.au) website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by ESB Brewing (www.esbrewing.com.au), or by the original creator of the materials, or by suppliers and service providers to ESB Brewing (www.esbrewing.com.au). None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described by ESB Brewing (www.esbrewing.com.au) or with the prior written permission ESB Brewing (www.esbrewing.com.au). All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the (Name of website) website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

DISPUTE RESOLUTION

Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause and may be accessed at www.trustenforce.org. For all disputes regardless of where they arise, the place of the arbitration is deemed to be Cape Town. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.

For the purposes of any arbitration:

• you choose the email address chosen by you in registering as a purchaser; and
• ESB Brewing (www.esbrewing.com.au) chooses sales@esbrewing.com.au

By using ESB Brewing (www.esbrewing.com.au) website and accepting the conditions of use of the website and trade conducted using the website you agree to the terms of arbitration provided in this agreement.

COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

ESB Brewing (www.esbrewing.com.au) adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on ESB Brewing (www.esbrewing.com.au) website, as well as the information required in terms of the Act, are provided for your reference.

Customers obligations on return of products and services

If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to ESB Brewing (www.esbrewing.com.au) or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by ESB Brewing (www.esbrewing.com.au) or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.

The customer shall refund to ESB Brewing (www.esbrewing.com.au) all direct expenses incurred by ESB Brewing (www.esbrewing.com.au) or it’s authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by ESB Brewing (www.esbrewing.com.au) or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.

ESB Brewing (www.esbrewing.com.au)’s obligations on return of the products and services

Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, ESB Brewing (www.esbrewing.com.au) or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to ESB Brewing (www.esbrewing.com.au) as provided for above.

Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.

Full name and legal status of website owner: ESB Brewing (www.esbrewing.com.au) is the trading name. Description of Services: ESB Brewing (www.esbrewing.com.au) provides access to a variety of products and services that may be purchased online all of which are, or will be, described on ESB Brewing (www.esbrewing.com.au) website .
Price of goods: Prices are displayed in the website and are subject to ESB Brewing (www.esbrewing.com.au) rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on ESB Brewing (www.esbrewing.com.au) website does not charge Value Added Tax.

Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.

Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on ESB Brewing (www.esbrewing.com.au) website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.

Delivery of products or services: The anticipated time of delivery of any products or services, purchase using ESB Brewing (www.esbrewing.com.au) website shall be indicated at the time that any order is accepted by ESB Brewing (www.esbrewing.com.au)

Transaction records and history: A full record of transactions effected using ESB Brewing (www.esbrewing.com.au) shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by ESB Brewing (www.esbrewing.com.au) or it’s agents. You may access this history as provided for under the clause Transaction History above.

Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.

Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.

Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use ESB Brewing (www.esbrewing.com.au)website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination. 

ESB Brewing CONTACT INFORMATION sales@esbrewing.com.au