1. THESE TERMS
1.1. These are the terms and conditions by which we supply products to you.
1.2. Please read these terms carefully before you place an order with us. These terms will set out who we are, how we will provide products to you, what to do if there is a problem, and other important information. If there are any details you need further information on, please contact us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are Whisky-Online.com Limited a company registered in England and Wales. Our company registration number is 05974614 and our registered office is at Unit 15 Cropper Close, Whitehills Business Park, Blackpool FY4 5PU, United Kingdom. Our registered VAT number is 5343 529 50.
2.2. You can contact us by phone on 01253 620376 or by email to info@whisky-online.com
2.3. We may contact you by telephone or in writing to the email address provided in your Whisky-Online account.
2.4. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. Our acceptance of your order will only take place when your order has been delivered or you collect from our premises, at which point a contract will have been formed between you and us.
3.2. If for any reason, we are unable to accept your order, we will inform you of this and will not charge you for the product. This may be because the product is out of stock; because of unexpected limits upon our resources which we could not reasonably plan for; or because we have identified an error in the pricing or description of the product.
3.3. You will be assigned an order number within your confirmation email. You should cite your order number when contacting us about your order.
3.4. We do accept orders from outside of the UK; however delivery costs may vary depending upon your location. For more information on the locations we deliver to, and the delivery charges, please our delivery page.
4. OUR PRODUCTS
4.1. The products will be as described on our site listing in all material respects however they may vary slightly from any pictures of the products or their packaging displayed on our site.
5. YOUR RIGHT TO MAKE CHANGES OR CANCEL YOUR ORDER
5.1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible.
(a) if it is possible, we will let you know about any adjustments to the price of the product, proposed delivery dates or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change;
(b) if we cannot make the change or the consequences of making the change is unacceptable to you, then you may want to cancel your order.
5.2. Under the Consumer Contracts Regulations 2013 you are given a statutory right to cancel online orders at any time up to 14 days following delivery of your products and receive a refund. If you want to change your mind about your order, please contact us as soon as possible within such timeframe. If you call us to discuss the cancellation of your order we will need some written confirmation from you that this is the case.
5.3. If you cancel your order after products have been dispatched to you, you will be responsible for returning them to us. Please see section 8 for more details as to how to return products to us. You will not be able to return products to us if you have broken any seals on the packaging.
5.4. Where you are exercising your right to change your mind, we may reduce your refund of the price to reflect any reduction in the value of the products caused by you handling them in any manner which would not be acceptable in a shop. Please see section 8 for more details on how we handle returns and refunds.
6. PRICE AND PAYMENT
6.1. The price of the product is listed on our site. Details of our delivery charges can be found on our delivery page and will be notified at the time of placing your order and selecting your delivery option.
6.2. We take reasonable care to ensure that all the prices listed are correct at the time at which they are listed, however, it is possible that we may, despite our best efforts, list a product with an incorrect price. If the price listed is below the actual price of the product, we will charge you the lower price. If we accept and process your order and the pricing error is obvious and unmistakeable, then we may end the contract, refund any sums you have paid, and require the return of any products provided by you.
6.3. Payment must be made in full when you complete your order. If you do not make payment in full your order will not be processed, and if it has already been accepted then we may end the contract without liability to you.
6.4. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue payment.
6.5. We can only accept card payments up to a maximum of £8,000. Any orders exceeding £8,000 must be paid for via bank transfer.
6.6. If you suspect any invoice or amount charged is incorrect, you should contact us promptly to notify us.
6.7. Offers, discount codes and VIP products can not be used in conjunction with each other.
7. PROVIDING THE PRODUCTS
7.1. We will dispatch the products to you in accordance with the delivery options that you have selected when placing your order. Further details of delivery options can be found on our delivery page.
7.2. If our supply of the products is delayed by an event outside of our control, then we will inform you as soon as reasonably possible in writing, and let you know of any steps that may be taken to minimise the delay. Provided we notify you of the delay, we will not be held liable for delays caused by the event outside of our control. If there is a risk of a substantial delay, then you may contact us to end the contract and receive a refund for any of the products you have paid for but have not yet received.
7.3. You have the option to collect the products from our premises. You will be able to collect your order from our premises at any time during our normal working hours of 10am to 4pm on weekdays (excluding public and bank holidays) and Weekends.
7.4. If you do not collect the products from us as pre-arranged or any products are returned to us due to unsuccessful delivery then we will contact you for further instruction. We may charge you for storage costs and any further delivery charges. Please see our delivery page for details of our storage costs. If we are unable to contact you or re-arrange delivery or collection of the products within a reasonable timescale, then we may end the contract and will reimburse you for the purchase price, less any delivery charges and/or storage costs incurred.
7.5. The products will become your property on the later of the products having been delivered to your delivery address; when the product is collected from us by you, or by a carrier organised by you; and you paying for the products in full.
7.6. We may suspend the supply of a product to you if:
(a) the product’s packaging needs updating to reflect changes in relevant legislation and regulatory requirements;
(b) you have requested amendments to be made to your order; or
(c) you do not pay in full, the cost of the product upon ordering.
7.7. We will contact you in advance to notify you that we will be suspending the supply of your products, unless the reason for the suspension is urgent. You may contact us to end the contract if we have suspended the supply, or we have informed you that we intend to end the contract. We will provide you with a refund for any sums you have paid for the product.
8. RETURNING PRODUCTS AND COMPLAINTS
8.1. If you have any queries or complaints about the product, please contact us.
8.2. If you are a consumer (i.e. you are an individual purchasing products for private use and not as part of any trade or business) then you benefit from certain consumer protection rights. These are summarised below, but for detailed information please visit the Citizens Advice Website www.adviceguide.org.uk or seek independent legal advice. Nothing in these terms will affect your legal rights:
(a) We are under a legal duty to supply products that are in conformity with this contract;
(b) The Consumer Rights Act 2015 says that the products must be as described, fit for purpose and of satisfactory quality and if not:
(i) you can get an immediate refund in the first 30 days following your purchase;
(ii) thereafter we may offer a replacement product or credit note, or choose to refund you.
8.3. Where you wish to cancel your order and return products to us, please contact us:
(a) In writing - Email us at info@whisky-online.com. Please provide your name, delivery address, your order number, your phone number and your email address;
(b) By post - Request a returns form and complete it accordingly, or just simply write to us. Please ensure that you include your name, delivery address, your order number and your phone number;
(c) By phone - Contact us on 01253 620376 with your name, delivery address and order number.
8.4. If you end your contract with us for any reason after the products have been dispatched to you, or you have received the products, you must return them to us. You may return the products:
(a) Post - Send the products to Unit 15 Cropper Close, Whitehills Business Park, Blackpool FY4 5PU, United Kingdom. Make sure to include your order number and your reason for returning within the parcel; or
(b) Drop off - You can bring the product to Unit 15 Cropper Close, Whitehills Business Park, Blackpool FY4 5PU, United Kingdom. Make sure you include your order number and your reason for returning the product.
8.5 We will pay the costs of return:
(a) where the products supplied are faulty or misdescribed; or
(b) there has been an error in the pricing of a product and you no longer wish to continue with your order.
In all other cases, you will be responsible for the cost and risk of returning the product to us.
8.6 Please be aware that we are currently unable to directly organise returns for orders shipped outside of the United Kingdom. This means that if, for any reason, you need to return an item from an international address, you will be responsible for arranging the return shipment.
We understand this may be inconvenient, and we want to assure you that we will still cover the cost associated with the return, subject to the following conditions:
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Return Cost Limit: The cost of the return shipment must not exceed 20% of the original shipping cost you paid when placing your order. For example, if your original shipping cost was £50, the maximum return shipping cost we will reimburse is £10 including your original £50.
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Prior Agreement Required: Before proceeding with any return, you MUST contact us for approval. Please provide us with details of the issue, images, if necessary, and a quotation for the return shipping cost. We will then review the information and provide written confirmation of the agreed-upon reimbursement amount, which will never exceed 20% of the original shipping cost.
Without prior acknowledgement and agreement from Whisky-Online Ltd, we will not be able to reimburse any return shipping costs.
8.7 If we are responsible for refunding delivery costs, then this will be the least expensive delivery method we offer.
8.8 Any refunds due to you will be made within 30 days of receiving your returned products. Your refund will be sent to the account which the product was purchased from.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 If we do not meet our obligations under these terms, we will be responsible for loss or damages suffered by you, which is a foreseeable result of us breaching these terms or our failure to use reasonable care and skill. We will not be responsible for any loss or damages which are not foreseeable or as expressly excluded below. Loss or damages are foreseeable if either it is obvious it will happen or if, at the time the contract was made, both we and you knew it might happen.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes the liability for death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors, for fraud or fraudulent misrepresentation.
9.3 If you are a consumer, then we are supplying the products to you for your own personal use and we will not have any liability for any loss of profit, loss of business or business interruption.
9.4 If you are a business customer:
(a) these terms constitute the entire agreement between us in relation to your purchase and you acknowledge that you have not relied on any statement, promise, representation or warranty made or given by or on our behalf and which is not set out in these terms;
(b) we will have no liability to you for any loss of profit, loss of business, business interruption or any indirect or consequential loss arising out of this contract; and
(c) our total liability to you in respect of all other losses arising out of this contract shall in no circumstances exceed the total price paid by you for the product.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our privacy notice.
11. OTHER IMPORTANT TERMS
11.1. We may transfer our rights under these terms to another, whether an individual or an organisation.
11.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.3. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
11.4. If a court finds any of these terms to be illegal, or invalid, the remaining terms shall continue in force. Each of the terms of these terms operates independently, and shall not be affected by the invalidity or unenforceability of another.
11.5. Even if we delay in enforcing any of these terms of this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.6. These terms are governed by English law and you can bring legal proceedings in respect of the product in the English Courts. If you are a consumer and:
(a) you live in Scotland you can bring proceedings in respect of the products in either the Scottish or English courts;
(b) you live in Northern Ireland you can bring legal proceedings in respect of the products in either Northern Ireland or the English courts; or
(c) you live outside of the United Kingdom but within the European Union then you may be able to bring proceedings in your local courts under the consumer protection laws applicable in your country.
12. Corks & Seals
12.1. Seal and cork failure are two of the more common issues affecting older pre-owned bottles, but they can occur in new bottles as well. Cork is a naturally porous material and contains irregular air pockets that may compromise the integrity of the closure.
Over long periods of time corks can dry out and shrink, increasing the chances of cork failure and subsequent leakage. However, it is still strongly recommended to store bottles upright at all times, as keeping whisky bottles on their sides for a prolonged period of time can damage the cork and increase the chances of leakage or failure.
When you open a bottle with a cork stopper - no matter how carefully - there is always a chance that the cork may break. We recommend keeping a stock of spare corks in different sizes in case a replacement cork is needed.
Please be aware that because of the varying conditions of corks mentioned above there is a risk of cork failure therefore we cannot accept responsibility for any cork failure. For information regarding cork failure please visit our dedicated blog.
13. FREE GIFTS/SAMPLES
13.1 Eligibility: Free gift/sample promotions are only open to deliveries within the UK. Please note our software determine eligibility by your IP address. If you use a VPN or place the order outside the UK, this may not trigger the promotion.
13.2 Non-Substitution: The free gift cannot be substituted for any other item, cash, or credit.
13.3 Order Inclusion: The free gift must be apart of your cart when checking out and will be sent with your order.
13.4 Multiple Orders: Placing multiple orders or orders for multiple items does not entitle you to more than one free gift.
13.5 Purchase Location: This offer is only available on orders placed through our website, whisky-online.com.
13.6 Offer Combinations: The free gift offer cannot be used in conjunction with any other promotion on our website, unless otherwise stated.
13.7 Limitations: Only one free gift per order, per person, per address for the duration of the offer/promotion. If you place more than one order while the free gift offer is running, you may only receive the gift on your first order unless otherwise stated.
13.8 Dispatch: The free gift will be dispatched with the relevant items from your qualifying order.
13.9 Returns: If a customer wishes to return an order or item which qualified for a gift with purchase, the transaction can only be refunded if the gift with purchase item is also returned.
13.10 Stock Availability: The promotion or offer is valid subject to stock availability.
13.11 Final Decisions: In the event of any dispute, the decision of Whisky-Online is final.
13.12 Amendments: We reserve the right to amend these terms and conditions at any time. Any changes will be published on this page.
