Product Supply Terms
1 This Site
This website (our "Site") is operated by The Speyside Whisky Shop ("we", "our", "us"). Our address is 110A High Street, Aberlour, AB38 9NX. Our VAT registration number is GB 307 2544 23.
2 Our Terms
2.1 These terms (our "Product Supply Terms") set out how you may buy goods from us, what we will supply to you, what we won't do, and what you are obliged to do in relation to the purchase of those goods. They also set out certain rights you have under law, if you are purchasing our goods as a UK or EU consumer rather than as part of your business.
2.2 For the purposes of our Product Supply Terms, our Site include the websites linked to the following domain names and all associated webpages:
www.aberlourwhiskyshop.com
www.aberlourwhiskyshop.co.uk
www.thespeysidewhisky.com
www.thespeysidewhisky.co.uk
2.3 You should read these Product Supply Terms carefully before seeking to buy goods from us, as they create binding legal obligations upon you. If you do not understand any part of them please let us know using the contact details set out below. If you do not agree with or accept any of these Product Supply Terms, you should not seek to buy goods from us. Please note that we may update our Product Supply Terms from time to time, so if you revisit our Site at a later date you should check the Product Supply Terms again at that time to make sure you have seen the current version.
2.4 If you have any questions about our Site or these Product Supply Terms, including if you don't understand any part of these Product Supply Terms, please contact us:
2.4.1 by e-mail at sales@thespeysidewhiskyshop.com;
2.4.2 by telephone at +44(0)1340 871260; or
2.4.3 by post at
The Speyside Whisky Shop;
110A High Street
Aberlour
AB38 9NX
United Kingdom
2.5 We will endeavor to respond to you promptly. Please note that our email and telephone facilities are monitored only during the hours of 10.00am to 5.00pm Monday to Saturday (excluding public and bank holidays in Scotland).
2.6 Please also note that we may keep a record of correspondence to enable us to properly manage our Site, to deal with your query, and for quality and training purposes.
3 Personal Data
Purchasing goods from us requires us and third parties to process your personal data. You have various rights, and we have various obligations, in relation to your personal data. Please see our privacy policy at the link at the bottom of this page (our "Privacy Policy") for further information on how we use your personal data.
4 Introduction
4.1 If you buy goods on our Site you agree to be legally bound by these Product Supply Terms.
4.2 These Product Supply Terms are available only in English. No other languages will apply to these Product Supply Terms.
4.3 When buying any goods you also agree to be legally bound by:
4.3.1 our website terms and conditions located at the link at the bottom of this page (our "Terms");
4.3.2 our privacy policy located at the link at the bottom of this page (our "Privacy Policy");and
4.3.3 our cookie policy located at the link at the bottom of this page (our "Cookie Policy").
All of the above documents form part of this contract as though set out in full here.
5 Age Restrictions
In the UK it is illegal for any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18 or for an adult to buy (or to attempt to buy) alcohol for any person under the age of 18. In your country of residence different minimum ages (or other restrictions) for buying alcohol may apply. You must not buy or attempt to buy goods from us if it would contravene these restrictions. We may require you to verify your age when using our Site.
By placing an order, you confirm that you are at least 18 years of age or you are of legal drinking age in your country or jurisdiction.
6 Contracts with Us
6.1 Below, we set out how a legally binding contract is made between you and us.
6.2 You place an order for goods from us on our Site by completing our purchase process for goods.
6.3 When you press the button "Complete Order" you make an offer to us to purchase goods from us. We may accept or decline your order. Once your order has been placed, you will receive a message which says "We have received your order". This does not mean a contract has been concluded between you and us. It only means we have received your order.
6.4 Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. Please use the option for going back in the process set out upon our Site, rather than the back button on your browser, to move back in your order process and correct errors.
6.5 Following the placing of your order, we may contact you to say that we do not accept your order. This is generally for the following reasons:
6.5.1 the goods are unavailable;
6.5.2 we cannot authorise your payment;
6.5.3 you are not allowed to buy the goods from us;
6.5.4 we are not allowed to sell the goods to you, for example because you are not over the legal age to buy the goods;
6.5.5 you have ordered too many goods; or
6.5.6 there has been a mistake on the pricing or description of the goods.
6.6 We only accept your order when we email you our shipping confirmation. At this point a legally binding contract will be in place between you and us for the supply of the goods set out in that confirmation. The basis for that contract shall be these Product Supply Terms.
7 Delivery
7.1 We use various service providers to deliver our goods. If you want to see your delivery options, please check the information set out at the link at the bottom of this page before you place your order.
7.2 The estimated date for delivery of goods to you will be as set out in our shipping confirmation. Please note that dates are only estimations, and the actual delivery date may differ.
7.3 If something happens which:
7.3.1 is outside of our control; and
7.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
7.4 Delivery of the goods will take place when we deliver the goods to the address that you gave or they are collected by you from a drop off point specified by our delivery provider.
7.5 Our delivery provider may not be able to make available the goods to you if they are unable to properly identify you. Please ensure that you are able to provide our provider with a form of photographic ID. Our delivery provider may also require a signature. Please you are available to sign for the goods.
7.6 We will endeavor to set a delivery date which is within thirty (30) days of your order. Unless you and us agree otherwise, if we cannot deliver your goods within thirty (30) days, we will:
7.6.1 let you know;
7.6.2 cancel your order; and
7.6.3 give you a refund.
7.7 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
7.8 Please note that in such circumstances our delivery provider may retain the goods and provide you with various options for redelivery or collection.
7.9 You are responsible for the goods supplied to you when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
7.10 We do not deliver to British Forces Post Office (BFPO) addresses, post office box addresses, or other addresses where you are not available to receive delivery of goods in person.
7.11 If we are unable to deliver goods to you, because you have failed to take delivery of the goods in accordance with these Product Supply Terms, we may cancel your order, however you will still remain liable to pay to us our delivery charges. You will also be liable to pay us any charges for return of the goods to us.
7.12 If we are unable to deliver goods to you, because you have failed to take delivery of the goods in accordance with these terms, we may seek to redeliver goods to you. Our redelivery will form a separate contract, on the terms of these Product Supply Terms. You will be liable for paying any redelivery charges on the basis of these Product Supply Terms.
7.13 Where you are resident or situated in the United States of America, or any territory thereof, we are not able to supply goods directly to you. Instead, we supply goods utilising a broker. If our broker suffers any loss, cost or expense due to your failure to adhere to any part of these Product Supply Terms, you shall be liable to reimburse our broker (and us, to the extent we have reimbursed the broker on your behalf), and we my recover that liability using any payment means you provide to us. We (or they) may also raise legal action, or use third party debt collectors, to recover that liability. Where you order multiple products from us, we may deliver your goods in instalments. Each instalment shall be the subject of a separate contract, on the terms of these Product Supply Terms.
8 Payment
8.1 The price for our goods and the amount of delivery charges you agree to pay will be set out in our order process, just before you submit your order. Further information upon the price of our goods and our delivery charges is set out upon our Site. While we try to make sure that our Site, at the link at the bottom of this page. While we try to make sure that our Site is accurate and up-to-date, we cannot promise that it will be. As such, please ensure you check your order before submitting it.
8.2 We accept the following credit cards and debit cards: Mastercard, AMEX, Visa. We do not accept cash.
8.3 Communication via the Internet is not secure. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be remain confidential, for example during its transmission to us. Please note that we use third party payment service providers to allow the purchase of goods from us. These services are PCI DSS compliant (see http://www.pcisecuritystandards.org), and we do not have access to your payment information. In the absence of negligence on our part, any failure by us to comply with these Product Supply Terms, our Cookie Policy or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you submit to us or our payment service provider.
8.4 Your credit card or debit card may be charged at any time after you submit your order. Please ensure you have sufficient funds to meet any payment due to us.
8.5 All payments by credit card or debit card need to be authorised by the relevant card issuer. Extra steps such as the following may also apply.
Verified by Visa (see https://www.visaeurope.com/making-payments/verified-by-visa/)
Mastercard®SecureCodeTM (see https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html)
American Express SafeKey (see https://www.americanexpress.com/uk/benefits/service-security/safety-fraud/how-amex-protects-you/safekey/)
8.6 We will not meet any duties, tariffs or such like which may arise in the delivery of goods to you. You shall be liable for these charges, and you may be required to pay those to our delivery provider to allow delivery of the goods. Where we pay them on your behalf, you shall pay the same over to us when we require. We may collect these charges using any payment means you provide to us.
8.7 If your payment is not received by us and you have already received the goods, you must pay for the goods within seven (7) days, or return them to us as soon as possible. You must keep the goods in your possession, take reasonable care of them and not open or use them before you return them to us.
8.8 If you do not return any goods (such as where you have not paid for them) we may, although we don't have to, collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
8.9 If you do not return any goods due back to us, or if you return goods in a damaged form, or if you do not pay us any monies due, we have the right to recover our loss and expenses. Where goods are damaged or not returned, our loss will include the full price for those goods. We may recover this using any payment means you provide to us. We may also raise legal action, or use third party debt collectors. Our expenses may include the cost of raising that legal action, or using those debt collectors.
8.10 Nothing in this clause affects your legal rights as a UK or EU consumer, as set out below, or otherwise provided to you as a consumer in your country of residence.
8.11 The price of the goods:
8.11.1 is in pounds sterling (£)(GBP);
8.11.2 includes VAT at the applicable rate; and
8.11.3 does not include the cost of delivering the goods, which will be set out separately during our online order process.
9 Nature of the goods
9.1 Through our site we sell both new goods, and goods which are old (commonly called "vintage" goods).
9.2 Where we offer new goods, the goods that we provide to you shall be:
9.2.1 of satisfactory quality;
9.2.2 fit for purpose; and
9.2.3 match the description of them set out upon this Site.
9.3 Old or vintage goods are in essence second hand – they are not new, and they are acquired by us from various sources, including private sellers, dealers and such like. Where we offer old or vintage goods, whilst we will endeavor to check the provenance of the goods, we cannot guarantee absolutely that their contents are what they purport to be upon their packaging, as the only way in which we could do this would be to open the goods and have them tested. Please also note that in the case of bottles, whilst we will endeavor to check their condition, their corks may have deteriorated in ways which are not immediately visible to us. As such, we cannot guarantee that their contents will not leak, or that they have not been exposed to the air. In addition we cannot guarantee that the contents will not have reacted with the cork or the air and "spoiled". Old or vintage goods are "sold as seen", and if upon opening the goods are found not to be what they purport to be, or if they leak or the contents are "spoiled", this shall not provide a basis to reject or return the goods, and you will still be bound to pay for them.
9.4 Please note that the packaging of our goods may be different from that shown on the Site. While we try to make sure that the appearance of our goods matches that on our Site, there may be small differences between what you receive and what is displayed on our Site. All sizes, volumes, content and capacities set out on our Site have a small tolerance. The size of this tolerance is set by reference to applicable law. Where we include tasting notes, these are the opinion on the taster; your experience and perception may not match their experience and perception.
10 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
11 The Limits of our Liability
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were not foreseeable when you accessed our Site, or that were not caused by any breach of these Product Supply Terms or any duty on our part. We exclude to the fullest extent permitted by law, any and all express and implied warranties and guarantees.
11.2 What we say we will do, and what say we won't do, or what we will guarantee and what we don't guarantee, and what we recommend or require you to do, in these Product Supply Terms and the other documents they reference, is therefore very important. Please read these documents carefully and let us know if you don't understand any point.
11.3 We shall have no liability to you for any breach of these Product Supply Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11.4 Further, no one other than a party to these Product Supply Terms has any right to enforce any of these Terms.
12 Variation
These Product Supply Terms are dated 20 June 2019. No changes to these Product Supply Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Product Supply Terms from time to time.
13 Disputes
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with us please contact us as soon as possible.
13.3 If you and us cannot resolve a dispute using our complaint handling procedure, we will:
13.3.1 let you know that we cannot settle the dispute with you; and
13.3.2 if you are an EU based consumer, you may also use the online dispute resolution (ODR) platform at http://webgate.ec.europa.eu/odr/ to resolve the dispute with us.
14 Consumer Terms
14.1 You can purchase goods from us either as a consumer, which means not as part of your business, trade or profession, or as a business, for example to use as part of a company event. If you purchase goods as a consumer then you have certain additional rights.
14.2 By law, as a consumer we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please visit our key information page, located at the link at the bottom of this page or contact us using the contact details at the top of this page. The key information we give you by law forms part of this contract (as though it is set out in full here). If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
15 Right to cancel this contract
15.1 If you are buying goods from us as a UK or EU consumer, you have the right to cancel this contract within fourteen (14) days without giving any reason.
15.2 The cancellation period will expire after 14 days from the day that we send you confirmation that your order has been accepted.
15.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (for example a letter sent by post, a fax or an email). You can use the model cancellation form set out in the box below, but it is not obligatory. You should send it to us using the means of contact set out in these Product Supply Terms.
Cancellation form
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To The Speyside Whisky Shop, 110A High Street, Aberlour, AB38 9NX, United Kingdom email address sales@thespeysidewhiskyshop.com: I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods: Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [*] Delete as appropriate |
15.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We advise that you retain some evidence of your dispatch of the communication, for example a copy of your email or proof of postage.
15.5 You do not have the right to return any goods that have become unsealed or have been opened following delivery.
15.6 If you cancel this contract under this section, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
15.7 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you, for example damage to packaging.
15.8 We will make the reimbursement without undue delay, and not later than fourteen (14) days after the day we received back from you any goods supplied; or (if earlier) 14 days after the day you provide evidence that you have returned the goods.
15.9 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
15.10 If you have received goods and you wish to exercise you right to cancel:
15.10.1 you must send back the goods or hand them over to us at the address above, without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your cancellation of this contract to us;
15.10.2 please send to us the goods securely packed, to ensure that they are not damaged in transit. If they are damaged you may be liable to pay us the full price for those goods.