Terms and Conditions
- Status of these Conditions
- Our right to change these conditions
You should print a copy of these Conditions or save them to your computer for future reference. We amend these Conditions from time to time. Every time you wish to order Products, please check these Conditions to ensure you understand the terms which will apply at that time. These Conditions were most recently updated on 10 Oct 19.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website you must:
– Register by providing your real name, phone number, e-mail address, payment details and other requested information;
– Use are permitted payment Gateway.
– Stipulate a bona fide delivery address. Please note that PO Box numbers, hotels and accommodation addresses are not acceptable.
Your obligations concerning information which you give to us
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You must inform us immediately of any changes to your Personal Information by updating this as and when necessary.
- What information we will gather about you
- How we will treat your information
– Processing your orders;
– Statistical purposes to improve this Website and its services to you;
– Servicing Website content; and
– Administering this Website.
By making an offer to purchase a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we may be obliged to do so.
- How a contract is created between us
The technical steps required to create the contract between you and us are as follows: You place the order for your Products on the Website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- Our acceptance of your order
We will send to you an order confirmation email detailing the products you have ordered. Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order. Non-acceptance of an order may be a result of one of the following:
- a) The Product you ordered being unavailable from stock;
- b) Our inability to obtain authorisation for your payment;
- c) The identification of a pricing or Product description error;
- d) You not meeting the eligibility to order criteria set out in the main Registration section above. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- Consumer rights of return and refund
This clause only applies if you are a consumer.
Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
If you are a consumer, you have a legal right to cancel a Contract within 14 days and claim a refund. These rights, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, are explained in more detail in these terms. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
Your right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.
When you don’t have the right to change your mind.
The cancellation right referred to above does not apply in the case of:
- a) Products which have been personalised for you, such as stationery or gifts.
- b) Perishable goods such as flowers or food.
- c) Drink items which have been opened, or the seal otherwise compromised.
- How to let us know you wish to cancel a contract
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is emailing email@example.com A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the end of these Conditions.
If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you send your email to us before midnight on the last day of the cancellation period.
- What happens if you cancel a contract
If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit card or debit card used by you to pay.
- How to return products to us
If a Product has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to the address we will email you. Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
- What happens if the products are faulty or not as described
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- What is the price and when do you pay
We endeavour to ensure that all merchandise offered on the website is available at the same price as in the physical stores on our sites. All prices are in pounds sterling £ exclusive of the current rate of Value Added Tax VAT applied in the UK. The Whisky Trials is not a VAT registered company and does not charge VAT. VAT will be paid on delivery costs and passed onto the consumer. The total cost of your order is the price of the Product(s) ordered plus delivery charges as set out in the Delivery section of this Website. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website. Prices may change at any time prior to acceptance of your order.
You confirm that the credit or debit card that is being used is yours. You must ensure that the expiry date of your payment card is after the anticipated dispatch of your order. Payment is taken at the point of dispatch of Products and in the event that the payment card has expired we will not be able to take payment or fulfil your order. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
- What happens if the price of the products is wrong
It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price
- How are items delivered
All items will be dispatched using either Royal Mail, or courier depending on weight. Delivery may take longer for overseas orders or products which are out of stock.
We do not currently offer a message card or gift wrapping service for online orders.
- What is the delivery period
We will aim to dispatch standard orders within 5 working days and deliver within 10 working days for UK deliveries and 15 working days for overseas deliveries of your order being placed unless alternative dates are stated in the product description. However, there may be longer delays due to short-term closure of The Whisky Trials. These will be notified on the website. Delivery dates are subject to goods being in stock. Out of stock must be assumed to be unavailable and will not be likely to become available unless notifies through the website or social media. Delivery dates may be subject to events outwith our control and these are described below.
- High value goods
High Value orders may be subject to additional carriage charges and delivery times may vary. Individual rates and delivery times will be included in the product information for each individual item.
- International deliveries
We cannot be held responsible should local customs authorities wish to confiscate any particular item contained within a package, or charge any import duty. The recipient is responsible for paying the duty. Delivery charges are based on calculated volumetric weight and delivery destination and will be quoted during the checkout process prior to your order being charged. Delivery charges vary depending on the type of products ordered and the service you select and cannot be refunded. We cannot be held accountable for delays in customs clearance. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
The following clause only applies if you are a consumer.
- What happens if we miss the delivery date
If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have failed to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline. If you do choose to cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
- Orders subject to availability
All orders are subject to availability. We shall inform you if any item(s) in your order are not available, and where possible give an estimated date of delivery. We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products do change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address you provided when placing your order. If we cannot contact you or receive no response to our email, we will continue to process the remaining items on your order. All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces. Substitutions will only be made with your prior consent.
- Age restrictions for products
None at present
- Description of products
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Any description given is for information only and does not constitute a sale by description. No warranty (express or implied) is given concerning the quality, condition or suitability for any purpose of any Products purchased.
We have taken great care in presenting the products on our website as accurately as possible. The images you see will depend on your monitor’s display and colour capabilities. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise.
Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your details and/or your Personal Information.
- Our rights
We reserve the right to:
– modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;
– change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website;
– withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website.
In addition, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun.
- Our liability
Our liability if you are a business
This clause only applies if you are a business customer.
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes. Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987. Subject to this, we will under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss. Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products to which your claim relates..
Our liability if you are a consumer
This clause only applies if you are a consumer.
If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
Our liability for events that our outwith our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. If you are a consumer you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please email firstname.lastname@example.org. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
The contract will be concluded in English.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
If you breach these Conditions and we ignore this, we will be entitled to use our rights and remedies at a later date or in any subsequent situation where you breach the Conditions.
- Entire agreement
The Conditions in force at the date of dispatch of your Product govern our relationship with you. You confirm that, in accepting the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
- Governing law and jurisdiction
If you are a business customer these Conditions shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the Scottish courts. If you are a consumer these Conditions shall be governed by and construed in accordance with the laws of Scotland and the Scottish courts will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England or Wales, you may also bring proceedings in England or Wales.
In these Conditions, unless the context otherwise requires, the following words and phrases shall have the following meanings: “Conditions” means these terms and conditions; “Personal Information” means the details provided by you on registration; “Product” means a product displayed for sale on the Website; “we/us” means The Whisky Trials. “Website” means the website located at https://thewhiskytrials.com or any subsequent URL that may replace it; “you” means a user of this Website and, where applicable, the party purchasing the Product.