The supply and sale of Goods by Whiskies of the Glen (UK) Ltd to You is subject to the following Terms and Conditions. In signing the Order Form you are accepting these terms and conditions and 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.
Company means Whiskies of the Glen (UK) Ltd (company number: 11100190), a private company limited by shares.
Customer or You means the person or entity that purchases the Goods from the Company, as specified on the Order Form.
Goods means whisky, spirits or other products offered or made available by the Company.
Order means the offer by the Customer to purchase a defined quantity of Goods from the Company at the Price as provided in the Order Form.
Order Form means the Company document identifying the Goods to be purchased by the Customer from the Company subject to these Terms and Conditions.
Price means the price quoted by the Company to be paid by the Customer to the Company for the Goods in Pounds Sterling unless otherwise specified. The price quoted by the Company shall exclude delivery charges, customs duties, warehouse costs, if applicable or unless otherwise stated by Whiskies of the Glen or addressed to and sent to the Customer in writing by a verified officer of the Company.
Free Storage Period means a period of storage free of any charges to the Customer for Goods the Customer has purchased from the Company. The Goods must be identifiable in the Customer’s signed Company Order Form pertaining to the purchase.
Appointee means a person meeting the Qualifying age requirements of the Company, that has been nominated by the Customer to receive the Goods purchased by the Customer from the Company.
Terms and Conditions means these terms and conditions.
In Bond means duty and tax suspended Goods held in an HMRC approved warehouse or other appropriately authorised storage facility.
VAT means Value Added Tax as 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.
Qualifying Age means the age at which it is legal to purchase, possess, receive, consume, an alcoholic beverage in your country, region, or state of residence.
2) ACCEPTANCE OF THE TERMS AND CONDITIONS
These Terms and Conditions govern the sale of the Goods. The Customer accepts such Terms and Conditions when the Customer signs the Whiskies of the Glen Order Form. The Company accepts the Customer’s Order and agrees to abide by these Terms and Conditions when it receives the Customer’s signed Order Form.
The Buyer must meet the Qualifying Age as is required in these Whiskies of the Glen Terms and Conditions.
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.
If the whisky is to be exported under bond, Duty and VAT can be suspended (but not avoided). Government taxes would be payable in the country of final destination, at the rates prevailing in that country at that time. When applicable, it is up to the Customer to find a suitable importer in the destination country and to arrange the export.
Please note it is the responsibility of the Customer to be aware of all regulations prevailing in their country of residence regarding the importation of alcohol, plus any issues regarding labelling.
The Customer agrees to pay the Price to the Company either by, Bank Transfer, Debit Card, or Credit Card, or by such other payment method confirmed as accepted by the Company, immediately and upon demand when the Customer returns their signed Order Form to the Company. The Company shall be entitled to retain possession of all the Goods until the Price has been paid. As a UK resident, the Customer is liable for any and all outstanding UK VAT and Duty Charges. As a non-UK resident, the Customer is liable for any and all local receiving country Taxes and Duty or Customs charges that apply to Goods being shipped outside of the UK.
4) TITLE, RISK AND INSURANCE
The Company shall retain title to all the Goods until all sums or balances of payment due to it from the Customer in respect of the Order have been fully paid.
All risk associated with the Goods shall pass to the Customer as soon as all sums or balances of payment due to it from the Customer in respect of the Order have been fully paid.
Upon title to the Goods passing to the Customer, it shall be the Customer’s responsibility to insure the Goods.
The Company will notify the Customer once the Goods are available for delivery. Details of delivery charges, time and availability of the Goods can be obtained from the Company.
Once the title to Goods has passed to the Customer (pursuant to Clause 4 above), the Company shall not be responsible for the removal, shipping or transportation or any other matter involving the Goods. Although the Company may offer these services, it is the Customer’s responsibility to make any delivery arrangements directly with the storage facility.
Any time or date for delivery quoted by the Company is given in good faith, and is at best an estimate only, and not a warranty.
The Customer undertakes to inspect all Goods immediately upon receiving them and shall notify the Company or the carrier forthwith of any shortage or damage or other deficiency in the Goods. The Customer will be deemed to have accepted the Goods as satisfying the Order within three days after delivery or collection of the Goods, and thereafter shall not be entitled to reject or return the Goods for any reason.
7) CANCELLATION OF ORDER BY THE COMPANY
If the Customer indicates to the Company that the Goods will not be received by the Customer or an appointee of the Customer, the Company shall be entitled to send written notice to the Customer, indicating the Company’s intention to deal with the Goods, by way of sale. Such a sale is at the sole discretion of the Company, and the Company may change the method of sale without any notice to the Customer.
8) CANCELLATION OF ORDER BY THE CUSTOMER
Whiskies of the Glen complies with the Consumer Contracts Regulations 2013 and the Consumer Rights Act 2015.
If the Company makes the offer, or the Customer requests it and the Company agrees in writing, Goods fully paid for by the Customer may be held by the Company for a maximum period of one month providing that the Goods are physically held by the Company at that time. Otherwise, the Customer’s Goods, if not delivered to the Customer, shall be stored at an independent storage facility at a charge determined by the Company at the time when the Order was confirmed. All costs incurred will be forwarded to the Customer (with customs duty and or value added tax if applicable).
The Company may offer the Customer a Free Storage Period.
Upon the expiration of a Free Storage Period, the Customer will immediately become responsible for, and pay over, all future storage fees to the storage facility.
10) BROKERAGE SERVICES
The Company does not offer Brokerage services to the Customer in the sale of Goods purchased by the Customer.
The Company shall be entitled to negotiate, charge, and be due a sale fee or a commission for any sale it makes on behalf of a third party.
11) LIMITATION OF LIABILITY
The Company shall not be responsible for any claims predicting future values of the Goods and shall not be liable for any loss suffered by the Customer in dealing or trading with Goods. The Customer will solely bear all risks or losses resulting from dealing in or trading of Goods.
The period for a Customer to institute any claim for breach of these Terms and Conditions shall be five business days from the date when the Customer becomes aware of the relevant circumstances giving rise to such a claim. The Customer agrees not to claim against the Company in relation to the Terms and Conditions if the details of the claim are not provided to the Company within five business days from the date when the Customer became aware of the relevant circumstances giving rise to such a claim.
If the Customer wishes to claim against the Company, the Customer must first give notice of the legal action or complaint to the Company, stating expressly the intention to bring a legal action or complaint against the Company and providing the details of the event, including the circumstances which the Customer believes gave rise to the legal action or complaint.
The Customer agrees that they will not bring any claim against the Company for an amount of less than £500.
To the maximum extent permitted by law, the Customer agrees that the limit on the claim will be equal to the amount in pounds sterling of the total Price of Goods so purchased. The claim limitation shall apply regardless of the cause of action or legal theory pleaded or asserted.
12) FORCE MAJEURE
The Company shall not be liable for any failure to meet obligations occasioned by circumstances beyond its reasonable control or beyond its ordinary course of business.
Any information however provided by the Company to You as Customer is for reference purposes only. You expressly agree that You access, use, and rely upon such information at Your own risk.
Seek the advice of a professional regarding the evaluation of any broadcast, advertised, or mailed information or content from Whiskies of the Glen. Past performance of the Company or any particular brand of Goods is not indicative of future performance. You should not rely on information or advice however provided by the Company to You when making decisions on Your purchases. You should satisfy Yourself with the accuracy and completeness of the information or advice however provided by the Company to You through Your own independent research.
The information on any website or internet property owned, run by, affiliated to, or promoted by Whiskies of the Glen, or any broadcast, advertised, or mailed information or content from Whiskies of the Glen including but not limited to: Forecasts, projections, current and historical Prices, and statements of opinion advised by Whiskies of the Glen do not constitute legal or financial advice of any form.
To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
All contracts with the Customer are made pursuant to these Terms and Conditions, which are made under the laws of England and Wales. The Customer agrees to the exclusive jurisdiction of the Courts of England and Wales.
If any provision of the Terms and Conditions is determined to be invalid or unenforceable, the remainder of the Terms and Conditions shall be unaffected and shall be enforceable against both the Company and any Customers.