Terms and
Conditions
Share a barrel
with us

WHISKIES OF THE GLEN SHARE A BARREL WITH US
TERMS AND CONDITIONS

The supply and sale of Goods by Whiskies of the Glen (UK) Ltd to You is subject to the following Terms and Conditions. In accepting these terms and conditions, you agree that you are irrevocably and unconditionally bound by these Terms and Conditions. Any variation of these Terms and Conditions shall be binding unless otherwise agreed in writing between the Company and You.

Definitions

Whisky means whisky or whiskey

Whiskies of the Glen means Whiskies of the Glen, its website (WEBSITE ADDRESS) and any of its subsidiaries.

Qualifying Age means the age at which it is legal to purchase, possess, receive and consume an alcoholic beverage in your country, region, or state of residence.

Barrel means a barrel or a cask of spirit.

Share A Barrel With Us means any cask or barrel of spirit that Whiskies of the Glen itself maintains a minimum ten (10) percent Interest or Holding in, and where an offer has been made to the general public by Whiskies of the Glen inviting them purchase any single one, or all, of up to nine (9) remaining Interests in a barrel of spirit.

Identified means a Barrel, Holding, or Interest that is Identified by a Whiskies of the Glen reference number.

In writing means a communication sent by post or email by Whiskies of the Glen.

Goods means Scotch whisky of any type, Whiskey of any type, or a spirit of alcohol of any type and its, labelling, closure(s), and packaging of any type.

Order means the offer by the Customer to purchase an Identified and defined quantity of Goods from the Company at the Price as provided in the Order Form.

Order Form means the document pertaining to and referencing these Terms and Conditions to be signed by the Customer, identifying the Goods to be sold by the Company.

Interest means any Identified single percentage Holding or percentage of a purchased amount of liquid in any one barrel of spirit in a Whiskies of the Glen Share A Barrel With Us offer.

Holding means any Identified single percentage Interest or percentage of a purchased amount of liquid in any one barrel of spirit in a Whiskies of the Glen Share A Barrel With Us offer.

Buy-in means, i)  an offer by Whiskies of the Glen to purchase an Interest in a barrel in which Whiskies of the Glen itself maintains a minimum ten (10) percent Interest or Holding in, or ii) the action of a buyer when purchasing an Interest in a Whiskies of the Glen Share A Barrel With Us cask.

Buyer means any original purchaser of an Identified Interest or Holding.

Deed of Ownership means a document issued by Whiskies of the Glen to a Buyer or New Owner indicating the Buyer’s or New Owner’s Identified Interest or Holding.

You and Your means you as the Whiskies of the Glen Share A Barrel With Us Interest purchaser.

Person means Person or Persons.

Owner means any Person that holds a Deed of Ownership in their name, it having been issued in their name by Whiskies of the Glen upon their purchase of a particular Interest or Holding and with it being verifiable by the matching issue record held by Whiskies of the Glen.

The Parties means Whiskies of the Glen and the Buyer.

New Owner means any third party transferee or purchaser of a previously owned Identified Interest or Holding.

Price means the offer price of an Identified Interest or Holding paid by the Customer to the Company in Pounds Sterling unless otherwise specified. The price quoted by the Company shall exclude delivery charges, customs duties, bonded warehouse costs and levies, value-added or sales tax, as applicable unless otherwise stated by Whiskies of the Glen at (WEBSITE ADDRESS) or addressed to the Customer in writing.

Maximum Market Price means the price of an Identified Interest or Holding as decided by or published and circulated or advertised by Whiskies of the Glen from time to time.

Change of Ownership Documentation. All Change of Ownership Documentation is supplied to an Owner buy Whiskies of the Glen upon the request of the Owner, and means such documentation showing any change in ownership or sale to a third party of an Owner’s Identified Interest or Holding as is required by Whiskies of the Glen and having been returned to Whiskies of the Glen and the Owner in the following cases: i) where an Owner has transferred ownership of an Identified Interest to a third party who is not registered with Whiskies of the Glen as the Owner of that Identified Interest or Holding, ii) where an Owner has sold an Identified Interest or Holding to a third party who is not registered with Whiskies of the Glen as the Owner of that Identified Interest or Holding.

Communication App means an application that is generally available for download to a computer or mobile communication device through an App store including but not limited to; Play Store, App Store, and Microsoft Store.

Offer means an offer made to an Owner regarding an Owners Identified Interest or Holding.

Circulated means any information sent by Whiskies of the Glen by post or digital transmission.

In Bond means Goods held in an HMRC warehouse or other appropriately authorised storage facility.

VAT means Value Added Tax; is applicable in the UK and payable by the owner of the goods upon which VAT is chargeable.

Duty means a sum calculated and charged as Duty by HMRC and is payable by the owner of the goods upon which Duty is chargeable.

1. Share A Barrel With Us Services

  1. Whiskies of the Glen Share A Barrel With Us provides an online service that offers up to nine (9) Interests or Holdings to one or more Buyers wishing to Buy-in to an Identified Barrel of spirit that Whiskies of the Glen has sourced and retains a minimum of a ten (10) percent Interest in.

2. Qualifying Age

  1. In order to prevent Fraud and illegal activity of any kind, including but not limited to underage alcohol purchases, Whiskies of the Glen Reserves the right to request from the Buyer, an officially recognised document such as a passport or driving license to (a) correctly identify the Buyer and (b) as proof that the Buyer meets the Qualifying Age as is required by Whiskies of the Glen.

3. Price

  1. The Buy-in Price for an Identified Interest or Holding will be decided by Whiskies of the Glen.
  2. Whiskies of the Glen may recommend a Price when acting as a buyer’s agent in the offering or sale of a Holding or Interest.
  3. An Owner of the Interest or Holding may not offer or sell their holding at a Price above the Maximum Market Price as decided by Whiskies of the Glen from time to time.
  4. Having received a Deed of Ownership from Whiskies of the Glen, the Owner of the Interest or Holding may, at a price not exceeding the Maximum Market Price, decide upon the Price at which they wish to offer their Interest or Holding or, the Price at which their Interest or Holding is sold to another buyer who is not registered with Whiskies of the Glen as the Owner of that Interest or Holding.
  5. Having received a Deed of Ownership from Whiskies of the Glen, the Owner of the Interest or Holding may request that Whiskies of the Glen assist them in deciding upon the Price at which they wish to offer their Interest or Holding or, the Price at which their Interest or Holding is sold to another buyer who is not registered with Whiskies of the Glen as the Owner of that Interest or Holding.

4. Deed of Ownership

  1. Upon payment by the Buyer of the Price to Whiskies of the Glen, a Deed of Ownership is issued to the Buyer by Whiskies of the Glen.
  2. Upon receipt by Whiskies of the Glen of the Change of Ownership Documentation, a Deed of Ownership is issued to the New Owner and its issue record kept by Whiskies of the Glen.
  3. The issue by Whiskies of the Glen of a Deed of Ownership shall render null and void any previous Deed of Ownership it is replacing whether its issue is due to a change of ownership of a particular interest or holding or not.

5. Change of Ownership

  1. In any case of a Change of Ownership in an Identified Interest or Holding, Change of Ownership Documentation will be sent to the Owner by Whiskies of the Glen. All fields are mandatory and must be correctly completed, and the Change of Ownership Documentation returned to Whiskies of the Glen by the Owner.
  2. An Owner must inform Whiskies of the Glen of any change in ownership or sale of their Interest or Holding and send to Whiskies of the Glen the duly completed Change of Ownership Documentation along with their original Deed of Holding.
  3. Upon receiving all required Change of Ownership Documentation from the Owner, Whiskies of the Glen will contact the New Owner and summarily issue a deed of ownership to the New Owner of the Interest or Holding rendering the previous owner’s Deed of Ownership in the Interest or Holding null and void.

6. Interest or Holding Ownership Data

  1. Unless otherwise stipulated in writing by an Owner of a Share A Barrel With Us, all Share A Barrel With Us Interest or Holding ownership Data is kept by Whiskies of the Glen and is not made available to the general public.
  2. Whiskies of the Glen may make Share A Barrel With Us ownership data available to any appropriate law enforcement authority, HMRC or any other such authority, upon Whiskies of the Glen receiving an appropriate legally binding request for it to do so.
  3. Whiskies of the Glen will inform any Owners of an Interest or Holding in an Identified Share A Barrel With Us of any Change in Ownership of an Interest or Holding in that Identified Share A Barrel With Us only.

7. Whiskies of the Glen will make an offer to an Owner of an Identified Interest or Holding when:

  1. It has a requirement to bottle the Owner’s Interest or Holding either as a Celebratory Bottling, or for its Excellence Range.
  2. It believes it will achieve a good sale price at auction.
  3. It has received an offer from a third party for the Owner’s Interest or Holding.
  4. It wishes to add to its stock position and keep the Interest or Holding as stock for use in the future.

8. How Whiskies of the Glen makes an offer to an Owner

  1. Whiskies of the Glen will make an in writing offer to an Owner to be received by the Owner by, i) post to the address details the Owner has registered as a postal address with Whiskies of the Glen, or by ii) email to the email address the Owner has registered as their email address with Whiskies of the Glen.
  2. Whiskies of the Glen may also discuss a potential with the Owner using a telephone network or a Communication App.

9. Conditions of a Whiskies of the Glen offer to an Owner

  1. In the case of an auction sale, a Whiskies of the Glen offer to an Owner is conditional upon Whiskies of the Glen being able to offer the entire Identified Share A Barrel With Us barrel for sale at auction. To this end, Whiskies of the Glen must secure all of the Identified Interests or Holdings in the Owner’s Identified Share A Barrel With Us barrel no later than 10 working days prior to midnight (00.00 hours) on the day preceding the official auction start date as it is listed. If Whiskies of the Glen cannot secure all of the Identified Interests or Holdings in the Identified Share A Barrel With Us Barrel no later than 10 working days prior to midnight (00.00 hours) on the day preceding the official auction start date as it is listed, the Whiskies of the Glen Offer shall be deemed as null and void.
  2. Whiskies of the Glen may, acting reasonably and at its discretion, withdraw an offer to an Owner if: i) there is a material change to whisky market conditions meaning Whiskies of the Glen must make a revised offer, ii) the Whiskies of the Glen Celebratory Bottlings Customer’s order which the Owners Identified Interest or Holding was intended to fill is cancelled or withdrawn.
  3. Except in the case of Clauses 9.I and 9.II, a Whiskies of the Glen offer to an Owner is valid for thirty (30) days only; after which the offer will be deemed to have expired.

10. Owner contact details

  1. It is the responsibility of the Owner to keep any and all of their contact details as held by Whiskies of the Glen correct and up to date/current.

11. Government Duty and Taxes

  1. The Owner is liable and is responsible for any and all outstanding U.K VAT and Duty Charges.
  2. The Owner is liable and is responsible for any and all outstanding Local receiving country Taxes and Duty or Customs charges that may apply to Goods being shipped outside of the UK.

12. Storage and Insurance

  1. Unless otherwise stipulated in writing by Whiskies of the Glen, all storage and insurance charges applying to a Share A Barrel With Us Identified Interest or Holding will be calculated pro rata to the exact percentage of the Identified Holding or Interest.
  2. Whiskies of the Glen will send only the pertinent Whiskies of the Glen Storage and Insurance Charges invoice to the Owner of an Identified Holding or Interest.
  3. Each Whiskies of the Glen Storage and Insurance Charges invoice shall detail the storage and insurance amounts for the whole Identified Share a Barrel With Us and the pro-rated amount payable and due to it by the Owner of the Identified Holding or Interest.
  4. Upon receipt by the Owner of the Whiskies of the Glen Storage and Insurance Charges invoice, the pro-rated Storage and Insurance invoiced amount must, be paid by the receiving Owner to Whiskies of the Glen within ten (10) business days of the issue date of the Whiskies of the Glen Storage and Insurance Charges invoice.
  5. Should the Whiskies of the Glen Storage and Insurance Charges invoice be incorrect in any way the receiver should email Whiskies of the Glen at (EMAIL ADDRESS) immediately giving details of any error or omission.
  6. Whiskies of the Glen will retain for its own records all storage and insurance invoices it receives from Share A Barrel With Us storage and insurance suppliers. Whiskies of the Glen will also retain for its own records all receipts of payments it makes to Share A Barrel With Us storage and insurance suppliers.

13. Registration

  1. Upon receipt by Whiskies of the Glen of your correctly completed Share A Barrel With Us registration form, you will be able to purchase any of the Share A Barrel With Us Interests or Holdings offered by Whiskies of the Glen that are identified as being current offers of Whiskies of the Glen.
  2. Whiskies of the Glen reserves the right to render null and void any Identified Share A Barrel With Us Interest or Holding purchase made by a Buyer if it does not comply with these terms and conditions.
  3. Should Whiskies of the Glen render null and void a purchase of an Identified Share A Barrel With Us Interest or Holding it will return all monies paid to it by the Buyer of the Identified Share A Barrel With Us Interest or Holding to the Buyer.
  4. In accepting these Terms and Conditions you acknowledge and agree that you shall be liable for the security of your Share A Barrel With Us documentation and for any Interests or Holdings still held by you that are deemed as pertinent by Whiskies of the Glen to such documentation.
  5. In accepting these Terms and Conditions you acknowledge and agree that you shall settle in full and on time with Whiskies of the Glen, any financial payment or obligation arising from your purchase of any Share A Barrel With Us Interest or Holding.
  6. A full description of the offered Share A Barrel With Us Interest or Holding is provided by Whiskies of the Glen either on its website (WEBSITE ADDRESS) or in the Circulated Share A Barrel With Us particulars.

14. Purchase Confirmation

  1. Whiskies of the Glen will send a Purchase Confirmation Email to the Buyer notifying them of their purchase of their Identified Share A Barrel With Us Interest or Holding.
  2. The Buyer will then pay for the Goods in full.
  3. The Contract between Whiskies of the Glen and the Buyer shall be concluded upon the Buyer’s full payment of the Identified Share A Barrel With Us Interest or Holding to Whiskies of the Glen.

15. Payment by a Buyer

  1. Payment for the Share A Barrel With Us Interest or Holding must be made in full by the Buyer to Whiskies of the Glen (unless otherwise agreed in writing or stated on the Order Form invoice between the parties) within thirty days of the date of the Whiskies of the Glen Order Form received by the Buyer by either; Bank Transfer, Debit Card, or Credit Card.
  2. Upon Whiskies of the Glen receiving full payment from the Buyer for the Share A Barrel With Us Interest or Holding, Whiskies of the Glen will issue a Deed of Ownership to the Buyer.
  3. In each case where the Buyer’s Share A Barrel With Us Interest or Holding is sold as ‘In Bond’, the payment of Government Duty and Government Taxes for the Goods is the responsibility of the Buyer.

16. Cancellation by the Buyer

  1. Your statutory rights to cancel your purchase are unaffected by these terms and conditions.

17. Cancellation by Whiskies of the Glen

  1. Whiskies of the Glen reserves the right to cancel the offering of any Share A Barrel With Us or Interest or Holding of the same via the Whiskies of the Glen website (WEBSITE ADDRESS) or by circulated notice.
  2. Whiskies of the Glen reserves the right to cancel the purchase of a Share A Barrel With Us Interest or Holding by a Buyer via the Whiskies of the Gen website (WEBSITE ADDRESS) if; (a) The Buyer is in breach of these terms and conditions, the terms of use of the Whiskies of the Glen Website (WEBSITE ADDRESS), the privacy policy of the Whiskies of the Glen Website (WEBSITE ADDRESS), the Cookie policy of the Whiskies of the Glen Website (WEBSITE ADDRESS), (b) failure by the Buyer to pay in full for a Lot; or (c) The Buyer goes into administration, bankruptcy, or similar proceedings.
  3. If Whiskies of the Glen has cancelled or terminated a purchase of a Share A Barrel With Us Interest or Holding by a Buyer, it reserves the right to prohibit the Buyer from using the Whiskies of the Glen Website (WEBSITE ADDRESS) and any of the services offered by Whiskies of the Glen.

18. Liability

  1. Whiskies of the Glen makes no warranties, express or implied, regarding the Goods including those of merchantability or fitness for display or sale. Whiskies of the Glen shall have no liability for any damages, whether direct, indirect, general, special, incidental, exemplary or consequential, or for any deficiency or defect therein, or for the use or maintenance thereof, or for any repairs, or for any loss of business or any damage or injury whatsoever and however caused.
  2. In the event of a Buyer making a claim, and solely for that specific claim, Whiskies of the Glen limits its liability to the Price and fees paid to it by the Buyer.

19. Our Rights

  1. Whiskies of the Glen reserves the right to reject or cancel the registration of any person or Buyer.
  2. Whiskies of the Glen reserves the right to prohibit any person or Buyer from purchasing a Share A Barrel With Us Interest or Holding through Whiskies of the Glen, it’s Website, or associated companies for any reason.
  3. Whiskies of the Glen reserves the right to change, update, or rewrite these terms and conditions from time to time and at any time.

20. Indemnity

  1. The Buyer assumes all liability for the Goods they have purchased and paid in full for from Whiskies of the Glen, and they shall indemnify Us and Our agents, successors and assigns harmless from and against any and all losses, damages, liabilities, obligations, judgments, settlements, costs and other expenses incurred or suffered by the Buyer, by reason of the assertion of any claim or the institution of any litigation against them at any time, directly or indirectly relating to or arising out of the onward sale, use, transportation, delivery, ownership, possession, storage, return or condition of the Goods (regardless of whether the Goods are at the time in the possession of the Buyer) or of the Buyer’s failure to comply with the terms of this agreement.

21. Notices

  1. Any notices or demands required or permitted hereunder shall be given to Whiskies of the Glen or the Buyer in writing and by personal delivery by courier, mail or registered mail, facsimile or email. Such notices or demands shall be deemed given upon receipt in the case of personal delivery, and upon mailing or transmission in the case of mail, facsimile or email.

22. Waiver

  1. Failure by Whiskies of the Glen to enforce any of these terms and conditions shall not be considered or construed as Whiskies of the Glen waiving its rights herein and shall not affect the validity of these terms and conditions or the right of Whiskies of the Glen to enforce them thereafter. None of the provisions of this agreement may be amended, modified or waived except in writing and signed by The Parties hereto.

23. Entire Agreement

  1. This agreement constitutes the entire agreement between the parties

24. Governing Law

  1. All contracts with the Customer are made pursuant to these Terms and Conditions, which are made under the laws England and Wales. The Customer agrees to the exclusive jurisdiction of the Courts of England and Wales.