WEBSITE TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.whiteheatherwhisky.com website (the “Service”) operated by The GlenAllachie Distillers Company Limited (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of The GlenAllachie Distillers Company Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The GlenAllachie Distillers Company Limited.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by The GlenAllachie Distillers Company Limited.
The GlenAllachie Distillers Company Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The GlenAllachie Distillers Company Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TERMINATION
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SUSPENSION OR WITHDRAWL OF SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless The GlenAllachie Distillers Company Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall The GlenAllachie Distillers Company Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, delict (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact us.
DO NOT RELY ON INFORMATION FROM THIS WEBSITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The GlenAllachie Distillers Company Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
EXCLUSIONS
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will The GlenAllachie Distillers Company Limited ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by The GlenAllachie Distillers Company Limited or any person for whom The GlenAllachie Distillers Company Limited is responsible, and even if The GlenAllachie Distillers Company Limited has been advised of the possibility of such loss or damage being incurred.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Scotland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Every time you wish to use our site, please check these Terms to ensure you understand the terms that apply at that time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
PRIVACY POLICY AND COOKIE POLICY
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
GIFT CERTIFICATE TERMS AND CONDITIONS
- Gift vouchers are valid for 12 months from date of issue. Unused values will not be refunded or attributed to any transactions after the expiry date.
- Gift vouchers can only be redeemed against tour bookings made online.
- Only one gift voucher can be used per booking.
- Promotional codes cannot be used in conjunction with gift vouchers.
- Gift voucher cannot be sold or transferred.
- Gift vouchers cannot be redeemed for cash, returned for a refund, have their balances consolidated to a new voucher or be replaced after expiry.
- If your purchase exceeds the value of the gift voucher, balance must be paid by debit or credit card.
- The GlenAllachie Distillers Co. Limited reserves the right to cancel a gift voucher if we deem such action necessary. If so, we may either provide a replacement gift voucher of equivalent value unless we suspect fraud in relation to a gift voucher. The gift voucher remains our property.
- The terms and conditions of this gift card shall be amended at any time at the discretion of The GlenAllachie Distillers Co. Limited and shall be binding on the customer.
CONTACT US
If you have any questions about these Terms, please contact us.
SHOP TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on theglenallachie.com (“the site”) to you. Please read these terms and conditions carefully before ordering any Products from the site. You should understand that by ordering any of Products, you agree to be bound by these terms and conditions. You will be deemed to accept these terms and conditions by ticking the box confirming your acceptance prior to completion of your order.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the site.
Information about us
theglenallachie.com is a site operated by The GlenAllachie Distillers Co Limited, with Mail Marketing (UK) Limited operating the sections of the site relating to the sale, order and supply of Products through the site (“we”, “us”). We are registered in Scotland under company number SC171868 and with our registered office at 42 Methil Street, Glasgow, Scotland G14 OSZ.
Age Restriction
No goods are offered for sale at the site to any person who is below legal drinking age in the country in which he or she is resident or any person resident in a country where such sale would be contrary to local law. By placing an order through the site you warrant that you are of a lawful age. If you are buying Products as a gift, the recipient must also be of a lawful age. This is the responsibility of the purchaser/you only. If our couriers are in any doubt about the age of the recipient on delivery, they may request some
form of ID.
How the contract is formed between us and you
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer by you to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the “Despatch Confirmation”).The contract between us (the “Contract”) will only be formed when we send you the Despatch Confirmation. The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your
order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
Right to Cancel and Return and Faulty Goods
If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days,
beginning on the day after you received the Products. In this case, you will receive a full refund of the
price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
To cancel a Contract, please contact us on glenallachie@mailmarkuk.com. After notifying us of your
intent to cancel, you have a further 14 days to return the Products to MM for a full refund. The cost
and risk of returning the Products is your responsibility.
The Products must be returned to MMUK, West 205, 9 Baird Avenue, Glasgow, G52 4FN in the same condition and packaging in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
All refunds and reimbursements will be arranged within 14 days of our acceptance to do so and after the safe receipt of the returned goods. Refunds will be made using the same payment method used to make the original purchase. Please note that card refunds can take up to 10 business days to be processed by your bank. This varies greatly between card issuers and unfortunately we are unable to influence this. Were a replacement item is not available, due to it being discontinued or the original item being a “One Off,” we will reimburse customers for the full cost of the item and any shipping costs. No additional compensation will be paid. Orders of personalised items or perishable goods may not be cancelled or returned unless they are faulty, incorrect or damaged upon delivery. If the Product is faulty, then you will be required to send us photographs of the Product with an explanation of the fault/s, and proof of purchase of the Product. If you contact us within 30 days of purchase of the Product, you will be entitled to a refund or a replacement of the Product. If you contact us after 30 days but before 6 months after you have purchased the Product, we will offer you a replacement or a repair. If we are unable to repair or replace the Product, you will be entitled to a full refund.
You will be required to return the faulty product to us. You will be sent a shipping label which will require to be printed and attached to the Product. You will have to be available for a set time in order for the courier to collect the product. We will only provide a refund or a replacement product if available after we have received the faulty product and we have verified your claim. Please note, the following instances where we are not liable in providing a replacement, repair or refund:
• Taste complaints where a significant amount of liquid has been drink;
• Liquid quality complaints where a bottle has been improperly stored;
• Accidental damage;
• Wear and tear; and
• Personalised items.
Payment and Order process
Purchases of alcoholic beverages are restricted to 5 (five) litres per transaction .
You can pay for Products purchased from www.theglenallachie.com by using any of the following
cards: Visa, MasterCard, Visa Debit, Visa Electron and Maestro/Switch, PayPal and by bank transfer.
You must give us authority for payment at the time of order.
Although we have taken reasonable precautions to ensure the site is secure, and we believe it is secure, we do not provide any undertaking nor do we accept any liability should there be a breach or failure of security. We do not accept payment by cheque.
There are several mandatory fields which you must complete to enable us to process your order and allow us to contact you should we need to discuss your order. Please complete all fields carefully and accurately. All card holders are subject to validation checks and authorisation by the card issuer. We will not deliver any Products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, we cannot accept your order, and will not be liable for any delay or non-delivery. The main characteristics of the goods sold through the site are set out on the pages picturing them. Every effort has been made to display the colours of the goods as accurately as possible. However, because the colour you see will depend on your monitor, we cannot guarantee that the colours of the goods purchased by you will be the same as the colours shown on your monitor.
Should we accept your order the price applicable to goods ordered by you shall be that shown on the site at the point at which your order is placed. The period for which this price is valid is limited and we can only guarantee this price to you for orders placed that day (unless a longer period is stated specifically in the description given. The sales tax applicable to your order will depend on a number of factors which we will establish at the point of placing your order. These include the following:
1. The type of goods ordered (rates may differ);
2. Where the goods are to be delivered to e.g. UK, EU, outside EU;
You are responsible for paying any import or similar duties which may be levied on the export or import of the goods ordered by you.
We will notify you of acceptance of your order by email. The contract for our sale and your purchase of the goods shall be made at the place from which our despatch confirmation email is sent to you, when the email is so sent. Prior to such time there is no legal agreement in place.
The goods purchased by you will be despatched to you by the method of delivery taking into account
the days of your order as follows:
UK – up to 7 working days
EU – up to 14 working days
R.O.W – 14 to 20 working days
We will inform you of the non-availability of any goods ordered by you within 30 days of the date of your order and will refund your credit card the full amount paid in respect of such goods within 30 days of your order.
You may withdraw from any agreement for the purchase of goods by posting or otherwise despatching the goods to the return address indicated on them within 14 days of their receipt by you. We will fully refund to your credit card the price (including sales taxes and delivery costs) of any goods so returned to us within 30 days of their receipt by us.
Delivery Instructions and Advice
Deliveries are made during business hours on Monday to Friday; to ensure prompt delivery someone must be present to sign for the parcel. If no-one is available to sign for the parcel, our delivery company will leave a contact card with instructions for customer to call their local depot. If the customer does not then call their local depot, the parcel is returned to us after a week – the cost of which will be passed on to the customer. If the parcel is returned to us and you do not wish us to re-send it, only the cost of the product minus the initial delivery charge and the return charge will be refunded. To re-send the parcel will incur a further delivery charge.
Please contact the local depot / post office as soon as a card is received to re-arrange delivery or collection.
Returns, Refunds & Replacements
If you wish to return Products which are not faulty, please contact us on:
glenallachie@mailmarkuk.com with details of your order within 14 days of delivery of the goods.
Any returned products must be returned to us in good condition, with all packaging intact. All refunds and reimbursements will be arranged within 30 days of our acceptance to do so and after the safe receipt of the returned goods. Any product returned must be within its original packaging, contain the relevant paperwork and be adequately packed to avoid any possible damage. The cost and risk of returning the product is the responsibility of the customer and a proof of delivery service must be used. We will provide a refund or provide a replacement for any Products received damaged or faulty provided we are notified within 3 working days of receipt. Upon receipt of your order, the order should be carefully inspected to make sure that it is intact and in full.
The courier must be informed of breakages or shortages at the time of delivery. We may not (at our sole discretion) accept any claims for breakages or shortages unless they are stated on the courier’s documentation. We must have confirmation of these breakages or shortages within 3 working days of delivery. Unfortunately photographic evidence is required by our carrier company if an item has been damaged during transit.
Prices, Availability and Promotions
Please note we have endeavoured to ensure the accuracy of all information on the site. The prices payable for the Products that you order are clearly set out on the site. All prices are quoted inclusive of any VAT payable unless otherwise stated. The price of the Products does not include the delivery charge which will be charged at the rates applicable at the date you place your order.
Prices, promotions and specifications can change without notice and Products are subject to availability.
If for any reason beyond our control we are unable to supply a particular Product we will notify you
as soon as possible.
Our liability
We warrant to you that any Product purchased from us through the site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability (i) for death or personal injury caused by our negligence; (ii) .under section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; (iv) the Consumer Rights Act 2015; or (v) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage (including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings and/or loss of data).
Data Protection
www.brand website/TBC conforms to the Data Protection Act 2018. Any information you provide is treated in strict confidence and is stored in a secure location. We will never disclose your personal information to any other parties without your consent except to verify your identification as above and to deliver Products to you. All payment and credit card information is processed directly via the secure payment gateway WorldPay and not entered on brand website/TB( Shop system. You have every right to know what information has been held in our system.
We have a separate privacy policy (“Privacy Policy”) which relates to our use of your personal information. We would encourage you to read our Privacy Policy. Our Privacy Policy is available via the following link [LINK TO BE INSERTED]. Breach of our Privacy Policy constitutes a breach of these terms and conditions of which they form part.
Website terms and conditions
You hereby acknowledge that you have read the Website Terms of Use, which are available on our site and can be found by clicking on the following link: [‘Website Terms of Use]. Breach of the Website Terms of Use constitutes a breach of these terms and conditions of which they form part.
Contact Us
If you would like to contact us regarding Product availability or information please don’t hesitate toemail us direct at glenallachie@mailmarkuk.com.
Once a communication is received by us- this should be dealt with within one (1) working day If sending any queries regarding an existing order, please provide us with your name, address, order number and World Pay ID allowing us to deal with your enquiry as quickly as possible.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or any of these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
These terms and conditions and any document expressly referred to in them constitute the entire agreement between us relating to the subject matter of any Contract and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions. Nothing in this clause shall limit or exclude any liability for fraud.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect, amongst other things, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Governing law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scots law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the nonexclusive jurisdiction of the courts of Scotland.
Privacy policy
The brand website/TBC shop is committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We follow strict security procedures in the storage and disclosure of information. If you have any questions about our privacy policy or if you’d like to raise any issues relating to it, please contact us.
The brand website/TBC shop does not disclose buyers’ information to third parties other than when order details are processed as part of the order dispatch system. In this case, the third party will not disclose any of the details to any other third party.
When you order from us, we require your name, address, delivery details and email address (This allows us to fulfil your order and to keep you updated about its status). We will also ask you for your telephone number, so we can contact you if there is an urgent problem with your order. All payment and credit card information is processed directly via the secure payment gateway World Pay and not entered on brand website/TBG Shop system.
We use a technology called “cookies” as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
