Terms & Conditions – 25th May 2020
1.0 WHAT THESE TERMS COVER
1.1 These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2.0 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are The Distillers’ Art Limited, a company incorporated in Scotland. Our company registration number is SC632756, our VAT registration number is 326 8757 65 and our registered office is at Drumgarland, Back Crook, Crook of Devon, Kinross, KY13 0UL.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01577 208 725 or by writing to us at email@example.com and/or Drumgarland, Back Crook, Crook of Devon, Kinross, KY13 0UL.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.0 OUR CONTRACT WITH YOU
3.1 Sales and Delivery
We comply fully with our obligations under the Consumer Protection (Distance Selling) Regulations 2000. For a copy of these please see this link. http://www.legislation.gov.uk/uksi/2000/2334/contents/made
3.3 Availability – We will notify you if you attempt to order a product that is out of stock. We will suggest alternatives that might suit your requirements.
3.4 Customer satisfaction – If you are dissatisfied with our performance in any way, please contact us immediately on 01577 208 725 or firstname.lastname@example.org. At The Distillers’ Art Limited, we aim to deal with all enquiries fairly, confidentially and quickly. We will acknowledge your contact within 24 hours. We try to resolve most issues immediately, but where this is not possible, we will keep you informed about progress until a satisfactory resolution has been achieved.
4.0 OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are subject to minor tolerances.
5.0 PROVIDING THE PRODUCTS / PRICES AND PAYMENT
5.1 All prices are quoted in pounds sterling, and may be per bottle or per case, as marked. The prices include Value Added Tax at the prevailing rate, unless otherwise specified. All delivery charges are additional.
5.2 Distillers Art uses Stripe to collect payment. It is not necessary to hold an account with Stripe, as the option to use credit or debit cards through their site is available.
5.3 Description and price of the goods – We make every effort to ensure that prices and descriptions of goods shown on our website are accurate at the time you place your order. The price of the goods will be as shown on the checkout page of our website when you placed your order. We will charge you this amount. You must also pay a delivery charge for the goods as indicated on our website at the checkout page. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
5.4 Delivery costs. The costs of delivery will be as displayed to you on our website on our delivery information page.
5.5 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will agree a delivery date with you, which date will be determined by lead time restraints.
5.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.7 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery company will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5.8 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply. If for some reason your goods do not arrive after a week from receiving tracking information, you must inform us immediately.
5.9 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
5.9.1 we have refused to deliver the goods;
5.9.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
5.9.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
5.10 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
5.11 When you own goods. You own a product once we have received payment in full.
5.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
5.12.1 deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
5.12.3 make changes to the product as requested by you or notified by us to you (see clause 6).
5.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.0 AGE RESTRICTIONS
6.1 We won’t sell products to anyone who isn’t 18 years old or over. By placing an order you confirm that you are at least 18 years old or of the appropriate legal age if purchasing outside of the United Kingdom
6.2 If you are buying our product as a gift – the recipient must also be over 18 years old.
6.3 If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the spirit is unable to produce appropriate ID, unfortunately our couriers will be unable to leave the product.
6.4 Once the product has been delivered, according to your original delivery instructions, it becomes the recipient’s responsibility. This does not affect your right to a replacement case if it is stolen.
7.1 You may cancel your order for any reason whatsoever at any time prior to the goods being despatched.
7.2 In order to cancel your order you must call us on 01577 208 725 or email us at email@example.com
7.3 We shall reimburse the price of the spirit within 30 days from the date you notify us of the cancellation. Delivery charges are not refundable.
8.1 If some or all of the product in a case are broken or spoiled when they are delivered you should notify us as soon as possible. You may choose either to return the whole case or just the affected bottles for a refund.
8.2 You must notify us of all spirits which are due to be returned for any of the reasons stated in these terms within 7 days from delivery of the wine. You can call us on 01577 208 725 or email us at info@distillersart .com
8.3 Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed goods. Further information about your rights is available from your Local Authority Trading Standards Department or Citizen’s Advice Bureau.
9.1 We warrant that the wines will be of satisfactory quality and fit for their general purpose.
10.0 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude The Distillers’ Art Limited liability for personal injury or death caused by its negligence
10.2 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
i. loss or damage was not foreseeable to both parties when the contract was formed;
ii. loss or damage was not caused by any breach on the part of the supplier;
iii. loss or damage relates to business and/or non- consumers.
10.3 We will not be liable for loss or damage caused by the customer handling the product. In particular we will not be liable for spillages or breakages.
10.4 Customers should also be aware of the following inherent risks and warnings:
i. Alcohol should be consumed in moderation.
ii. A case of product can be heavy so extra care should be taken when lifting it. If you are concerned about the weight, we advise that you transfer the bottles 1 or 2 at a time.
11.0 INTELLECTUAL PROPERTY RIGHTS
11.1 You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of this web site, and to the business of The Distillers’ Art Limited, the structure, design and layout of the web site, the styles of the products.
12.1 You are entitled to use our web site in accordance with these Terms and Conditions only. You must obtain our prior written consent before you use our web site or any part of it in any other manner.
13.1 By providing your details to The Distillers’ Art Limited on our web site, you consent to The Distillers’ Art Limited maintaining, recording, holding and using the information you give The Distillers’ Art Limited at the time of registering to process your orders, in order for us to improve our service to you and inform you of promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
13.3 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your wine to you, e.g. our delivery company. From time to time, The Distillers’ Art Limited may send information about discounts and personalised offers on our products, including many exclusive deals, unless you have told us not to do so by ticking the ‘opt out’ box on our registration page or on the communications preferences section of Account Details.
13.4 If you opt-out from hearing from The Distillers’ Art Limited or third parties, you will only be contacted by The Distillers’ Art Limited if our terms and conditions change, but we promise to do so no more than twice a year.
14.1 We shall not be liable for any delay in delivering your spirit if that delay or failure is caused by circumstances beyond our control such as, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
14.2 The Distillers’ Art Limited may change or add to these terms and conditions for security, legal or regulatory reasons. We will not use this right to vary the terms of any special offer that applies to you.
14.3 No contract exists between you and us until we notify you that we have accepted your order. We are not obliged to accept your order.
14.4 Relevant United Kingdom law will apply to these terms and conditions and the relevant courts of the United Kingdom will have exclusive jurisdiction.
14.5 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.6 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.7 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
Here are our details should you want to contact us:
The Distillers’ Art Ltd