ONLINE STORE TERMS AND CONDITIONS OF SALE
1 THESE TERMS
1.1 What these terms cover. When you shop with us, these are the terms and conditions on which we supply products listed on spearheadwhisky.com 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 the products and other important information. If you refuse to accept these terms, you will not be able to order any products. You should print a copy of these terms and conditions for future reference.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and are buying products wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). Provisions specific to consumers only are marked * and those specific to businesses only are marked **.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Loch Lomond Distillers Ltd a company registered in Scotland with company number 08686920 and our registered office at 7 Albemarle Street, London, England, W1S 4HQ.
2.2 How to contact us. If you would like to contact us, you can telephone our customer service team at 01389 752 781 or write to us at email@example.com. For queries regarding an existing order, please provide your order reference so we can deal with your enquiry as quickly as possible.
2.3 How we may contact you. If we have to contact you, we will do so 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", this includes emails.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order. Your order is an offer to purchase products from us in accordance with these terms. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we email you to confirm that your order has been despatched (the "Despatch Confirmation").The contract between us, including these terms and conditions, (the "Contract") will only be formed when we send you the Despatch Confirmation.
3.2 If we cannot accept your order. If we are unable to accept your order, we will tell you this in writing. This might be because the product is out of stock as products are subject to availability. We will do this within 30 days of the date of your order and will refund the full amount paid in respect of such products within 30 days of your order. 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.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4 OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The main characteristics of the products are set out on the pages picturing them. 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 your device displays the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may also vary from that shown in the images.
4.2 Age and size restrictions. No products are offered for sale 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 for products, you confirm 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. If we or our delivery partners are in any doubt about the age of the recipient on delivery, they may request some form of photo ID and may refuse delivery if this cannot be provided. Purchases of alcoholic beverages are restricted to 5 (five) litres per transaction. We reserve the right to cancel any Contract where we are not satisfied that the sale to you is lawful.
5 PROVIDING THE PRODUCTS
5.1 Please refer to our Delivery Information page for details of the delivery process.
6 YOUR RIGHTS TO END THE CONTRACT
6.1 You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the Contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract, see Clause 9 if you are a consumer and Clause 10 if you are a business;
(b) If you want to end the Contract because of something we have done or have told you we are going to do, see Clause 6.2;
(c) *If you are a consumer and have just changed your mind about the product, see Clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
6.2 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) or (b) below the Contract will end immediately and we will refund you in full for any products which have not been delivered. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not tell us you wish to proceed (see Clause 11.3);
(b) you have a legal right to end the Contract because of something we have done wrong.
6.3 *Exercising your right to change your mind if you are a consumer (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, are explained in more detail in Clauses 6.4 and 6.5.
6.4 *When consumers do not have a right to change their minds. Your rights as a consumer to change your mind do not apply if the products become mixed inseparably with other items after their delivery or if products sealed for health or hygiene purposes have been unsealed after you receive them.
6.5 *How long do consumers have to change their minds? If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods to change your mind unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
7 HOW TO END THE CONTRACT WITH US
7.1 Please refer to our Returns and Refunds page for details of how to end the Contract and how products are to be returned and refunds processed.
8 OUR RIGHTS TO END THE CONTRACT
8.1 We may end the Contract if you break it. We may end the Contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, there are several mandatory fields which you must complete to enable us to process your order and allow us to contact you;
(b) you do not, within a reasonable time, allow us to deliver the products to you; or
(c) you (or the person who receives delivery of the products) is not of lawful drinking age (or fails to provide evidence of age if asked to do so).
8.2 If we end the Contract in the situations set out in Clause 8.1, we will refund any money you have paid in advance for products we have not provided but we may deduct, or charge you, any and all delivery and return charges (as applicable).
9 *YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
9.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this Contract. See the summary below which sets out your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 6.3.
9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please email us at firstname.lastname@example.org for a return label.
10 **YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
10.1 On delivery, you must carefully inspect the products. 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 delivery partner if an item has been damaged during transit.
10.2 Subject to Clause 10.4, if you give us written notice within 3 working days of delivery of a product that is damaged or faulty, you return such product to us and we are given a reasonable opportunity of examining such product, we shall, at our option, replace the defective product or refund the price of the defective product in full. No other compensation will be paid.
10.3 We will not be liable for a product’s failure to comply with the warranty in Clause 10.1 if you make any further use of such product after giving a notice in accordance with Clause 10.3.
10.4 Except as provided in this Clause 10, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 10.1.
10.5 These terms shall apply to any replacement products supplied by us under Clause 10.3.
11 PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT unless otherwise stated) will be the price indicated on the order pages when you placed your order. 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. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 Changes in the rate of VAT and other taxes and duties. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. The VAT tax applicable to your order will depend on a number of factors which we will establish at the point of placing your order including the types of products ordered and where products are to be delivered. You are responsible for paying any import or similar duties which may be levied on the export or import of the products ordered by you.
11.3 Prices and product descriptions. From time to time, errors can arise with product pricing, descriptions or promotions. If we discover an error with any products you have ordered, we will tell you as soon as possible and will give you the option of reconfirming your order (at the correct price or other details) or cancelling it. If we don’t hear from you, we will treat your order as cancelled. If cancellation is after payment by you, we will refund you in full.
11.4 When you must pay and how you must pay. We accept payment with any of the following cards: Visa, MasterCard, Visa Debit, Maestro, PayPal and American Express. You must give us authority for payment at the time of order. 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. You must pay for the products before we dispatch them.
11.5 **Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.6 **We can charge interest if you pay late. 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 3% a year above the London Inter-Bank Offer Rate, or the nearest equivalent successor 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 amount.
12 *OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 9.1; and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 13.
13 **OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Except to the extent expressly stated in Clause 10.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to Clause 13.1:
(a) we shall not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss of income or revenue, loss of business, loss of profit, loss of contracts, loss of anticipated savings and/or loss of data or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, is limited to the total sums paid by you for products under such contract.
14 OTHER IMPORTANT TERMS
14.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.14.4 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.5 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Even if we delay in enforcing 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 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.7 Variation. We have the right to revise and amend these terms 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 terms in force at the time that you order products from us. Prices, promotions and specifications can change without notice.
14.8 **If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase and apply to the exclusion of any other terms that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
14.9 **Which laws apply to this Contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.
14.10 *Which laws apply to this Contract and where you may bring legal proceedings if you are a consumer. These terms are governed by the law of Scotland and you can bring legal proceedings in respect of the products in the courts of Scotland. If you live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.