TERMS AND CONDITIONS FOR SALE OF GOODS
Version 1.0.
Effective date: 21 April 2021
1. Who we are
1.1 We are The Whisky Laird Ltd. Our company information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply when you buy any goods via this site. (Separate terms apply to use of our site.) We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They are available in English only.
3. Consumers – definition
3.1 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
4. Who can buy on our site
4.1 You must not buy or attempt to buy any goods via this site if you are under 18 years of age. We are entitled to take whichever age verification steps we think appropriate and to cancel any purchase if we believe that you may be under 18.
4.2 You are not allowed to buy any goods via this site if you live outside the UK.
5. Changing these terms and conditions
5.1 We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.
6. IMPORTANT WARNING
6.1 You are responsible for carefully reading the ingredients listed on our website and/or on any packaging, labels and/or leaflets to avoid the risk of allergic or other adverse reactions.
7. The goods may be a little different to what you expect…
7.1 We take reasonable care to ensure that the images and descriptions of goods appearing on our website are accurate. However, there may be minor differences between the goods you receive and the way that they appear on our website.
7.2 The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.
7.3 Although we take reasonable care to provide accurate information, the volumes, measures and capacities may vary within a small tolerance which will comply with any applicable legal requirements.
7.4 If our site includes taster opinions, these are the personal views of the taster which may differ from yours.
8. Old or vintage goods
8.1 Some of our goods are old or vintage goods (i.e., they are like second-hand goods) that we have acquired from dealers or other resellers. If so, we will try to check their authenticity, but we can’t guarantee that they contain exactly what the packaging says. While we will try to check bottles where it is feasible to do so, it is possible that the cork may have deteriorated in a way that we can’t see. So we can’t guarantee that the goods haven’t deteriorated through reaction with the cork or air or that they won’t leak. So if any of these things happen, that does not mean that the goods are defective.
9. Giving us accurate information
9.1 You must ensure that your order, including delivery address and any other information you supply to us, is correct and that you tell us immediately if there are any changes.
10. How you enter a legal contract with us
10.1 Your order is an offer to buy from us.
10.2 You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and sending your order to us by clicking on the “Pay Now” button. You can check and amend any mistake before making an order by using the change function and/or the internet browser back button.
10.3 We accept your offer and there is a binding legal contract when we send you a confirmation email. However, we are not obliged to supply any goods which are unavailable, even if we have accepted your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
11. Paying us
11.1 The price for the goods you order is as stated on our site at the time you send us your order. Any applicable VAT or sales tax is included in any price shown.
11.2 You must pay in advance by one of the payment methods listed on our site. We are entitled not to send you the goods until we have received full payment in cleared funds.
11.3 If we charge for delivery, these costs will be shown when you place your order and may depend on the delivery method chosen.
11.4 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will provide a full refund of any payments already made.
11.5 You must contact us immediately with full details if you dispute any payment.
11.6 If any amount due to us is unpaid, or unjustifiably charged back, we may end this contract by giving you written notice (including email).
12. About discount codes
12.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges.Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
12.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
13. Delivery
13.1 Delivery will be complete when we deliver to the address you give us when ordering, which must not be a post office box. We may deliver different parts of your order on different dates.
13.2 Delivery is only to the countries mentioned on our site and is otherwise subject to any restrictions we have explained. We have the right to cancel any order from a country to which we don’t deliver (even if there is a legal contract).
13.3 Unless we say otherwise, delivery timescales on our website are estimates only. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions.
13.4 If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery.
13.5 If the goods can’t be delivered because you haven’t complied with this contract (e.g., giving us the wrong delivery address, not paying customs/import charges, not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you must pay us the amount of any resulting courier or warehouse fees that we have to pay other people. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).
13.6 You agree to ensure that someone aged 18 years or over is available to accept delivery. We can refuse delivery if we think that the recipient may be under 18.
13.7 This paragraph applies only if you are not a Consumer: You undertake to inspect all goods immediately on receipt and within seven days you must give notice in writing in detail of any damage or any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at your expense to the location specified by us to enable the examination to take place.
14. When you become the legal owner of the goods
14.1You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. you must identify the goods as ours and keep them separate from your other goods until ownership passes.
15. Consumer right to cancel (“cooling off”)
15.1 If you are a Consumer, you have the right to cancel this contract but subject to what we say below. This right is not affected by any separate returns policy on our website.
15.2 There is no right to cancel contracts for the supply of goods liable to deteriorate or expire rapidly.
15.3 You lose the right to cancel contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
16. Restrictions on our legal responsibility for goods – very important
16.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
16.2 The following clauses apply only if you are a Consumer:
a) We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.
B) We are not responsible for any loss or damage where:
-
there is no breach of a legal duty owed to you by us;
-
such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
-
(and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
-
such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
C) You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.
16.3: The following clauses apply only if you are not a Consumer:
a) Our total aggregate liability of any kind (including for our own negligence) is limited to the price paid for the goods.
b) In no event (including for our own negligence) will we be liable for any:
-
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
-
loss of goodwill or reputation;
-
special, indirect or consequential losses; or
-
damage to or loss of data
(even if we have been advised of the possibility of such losses).
c) You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
d) We warrant that the goods shall be of satisfactory quality.
e) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
f) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
17. Things we can’t control
17.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
18. Transferring this contract to someone else
18.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
19. Your personal information – see our privacy policy
19.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
20. English law and courts
20.1 These terms and conditions area covered by English law and any disputes will be decided only by the courts of the United Kingdom.
21. General but important stuff
21.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
22. Complaints
22.1 If you have any complaints, please contact us via the contact details shown below.
23.1 Company information
23.1 Company name: The Whisky Laird Ltd
23.2 Trading name: “The Whisky Laird”
23.3Country of incorporation: England and Wales.
23.4 Registered number: 12810148
23.5 Registered office: 92 St. Pauls Close, London, W5 3JX, UK
23.6 Contact address: 43-51 Wembley Hill Road, Wembley, HA9 8AU, UK
23.7 Contact email address: info@thewhiskylaird.com
23.8 Other contact information: See our website / contact page.
23.9 VAT number: GB362669273