Terms & Conditions
What these terms cover. These are the terms and conditions on which we supply products to you.
- 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, please contact us to discuss.
- 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.
- You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- 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. 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 this agreement.
Information about us and how to contact us
- Who we are. We are Glenkeir Whiskies Limited a company registered in Scotland, trading as “The Whisky Shop” and/or “The W Club” and/or “The Whisky Shop Auctions”. Our company registration number is SC261795 and our registered office is at Suite 2 (Ground Rear), Melisa House, 3 Brand Place, Brand Street, Glasgow G51 1DR, which is our main trading address. Our registered VAT number is 829 8429 79
- How to contact us. You can contact us by telephoning our customer service team at 0141 427 2977 or by writing to us at firstname.lastname@example.org or to our registered office.
- 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.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- In the UK it is illegal for:
- any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18; and
- an adult to buy (or to attempt to buy) alcohol for any person under the age of 18.
- You may only purchase an alcoholic product from us if you are:
- at least 18 years old;
- not buying that product for any person or persons under the age of 18; and
- of legal age to purchase alcohol both in the country where you place the order and the destination country.
- In the UK it is illegal for:
You must check with the local authorities in the country where you place the order and the destination country to ensure that you will not be breaking any law or regulation by ordering alcohol from us. By placing an order to purchase a product, you promise to us that it is lawful for you to order the relevant product in the country where you place the order and for the recipient to receive the relevant product in the destination country. If you breach this promise, we may end our contract with you and charge you reasonable compensation for the net costs which we incur. We may deduct the compensation payment from the bank account which you used to pay for the product. We may make that deduction from that bank account in more than one payment.
- 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 will accurately reflect the appearance of the product. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website. Whether a product will be delivered complete with a box or any other product-specific outer packaging will depend upon a number of factors. Even a product which is pictured on our website with product-specific outer packaging may not be available with that packaging, as our suppliers do not always include product-specific outer packaging when delivering a product to us, and because the specifications of a product may change from time to time (in relation to which, see paragraph 5 below). If you want to receive product-specific outer packaging together with any product which you order, please contact us before you place your order so that we can check whether that product is available with product-specific outer packaging.
- Tasting notes. The tasting notes on our website are written by our own tasting team. However, different people will have a different experience of the same product as tasting is a subjective process. The tasting notes do not form part of the description of any product.
- Measurements. All sizes, weights, capacities, dimensions and measurements indicated on our website have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006) and varies from product to product and from one size, weight, capacity, dimension or measurement to the next.
- Changes to products. We may change a product from time to time to reflect changes in applicable laws and regulatory requirements or in order to implement minor technical adjustments and improvements. We do not anticipate that these changes will materially affect your use or enjoyment of the product.
Our contract with you
- How we will accept your order. When you place an order with us by email, or post, we will send you an email to acknowledge the order. Our acceptance of your order will take place when we email you to accept it and confirm that the relevant product has been dispatched to the address provided by you, at which point a contract will come into existence between you and us. We do not accept telephone orders of any sort.
- If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the product.
- 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.
- Products available for “pre-order”. If you order a product which we intimate as being available for “pre-order” or any similar expression or concept, we will seek to secure that product and dispatch it to you on or before any indicated expected date of dispatch. The actual availability of any such product and/or its date of dispatch is not guaranteed. See paragraph 5.8 below for our responsibilities when this happens.
- Payment for “pre-order products”. We will take payment for the product as soon as you place an order, but we will not pay you any interest in respect of the period between the date on which you place an order and the date on which we confirm our acceptance of your order. We will confirm our acceptance of your order by sending you an e-mail that confirms that the products which you have ordered have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we email you the Dispatch Confirmation. Please note that any message which you may receive from any carrier or courier which confirms the delivery of a parcel into its system (or any similar message) is not the Dispatch Confirmation.
- Cancellation of “pre-order products”. If you order a product which is highlighted as being available for “pre-order” or any similar expression or concept:
- you may cancel that order at any time before you receive a Dispatch Confirmation. If you choose to cancel your order, we will refund you the full amount (including any delivery costs charged) promptly;
- If we subsequently discover that we are unable to supply you with that product for any reason, we will not send you a Dispatch Confirmation but will advise you of its non-availability and refund the amount paid by you promptly.
- Other products. If you order a product which is not highlighted as being available for “pre-order” or any similar expression or concept, we will confirm our acceptance of your order by sending you an e-mail that confirms that the products which you have ordered have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we email you the Dispatch Confirmation. Please note that any message which you may receive from any carrier or courier which confirms the delivery of a parcel into its system (or any similar message) is not the Dispatch Confirmation.
- If we are unable to supply you with a product for any reason, we will not send you a Dispatch Confirmation but will inform you promptly and will not process your order. If you have already paid for the product which you have ordered, we will refund you the full amount (including any delivery costs charged) promptly.
- If we enter into any communication with you in relation to any product that we consider may be available for purchase we are not committed or bound to supply or procure any such product or until we have received full payment from you and issued a Dispatch Confirmation in respect thereof.
Your rights to make changes
If you wish to make a change to the product you have ordered before a Dispatch Confirmation is issued, please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply 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.
Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website and during the check-out process.
- When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing subscriptions, we will also tell you during the order process when and how you can end the contract.
- 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.
- Collection by you. If you have asked to collect the products from one of our shops, you can collect them from us at any time during our shop opening hours as displayed on our web site from time to time. For click and collect there is a lead time of up to 4 working days.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and you give us no other instructions at the time of placing your order, our carriers will usually:
- leave your parcel in a safe place;
- leave your parcel with a neighbour; or
- leave you a note which informs you that they have attempted to deliver the product (if this happens, please contact the carrier and re-arrange delivery). If you have any specific delivery instructions, you should give them when you place your order for a product.
- If you do not re-arrange delivery. If you do not collect the product(s) 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 seek compensation from you for the costs we have incurred. We may deduct that compensation from the bank account which you used to pay for the product(s). We may make that deduction from that bank account in more than one payment.
- When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address in the UK you gave us or you or someone else on your behalf collects it from us. For international deliveries, see clause 8.5.
- When you own goods. You own a product which is goods once we have received payment in full for the product and all applicable delivery charges, value added taxes, import duties, administration charges and taxes which are payable by us.
- Delivery deadline. If we agree a delivery deadline with you in respect of any product and we miss that deadline, then you may cancel your order if either of the following apply:
- we have refused to deliver the product; or
- you told us before we accepted your order that delivery within the delivery deadline was essential, and your cancellation of the order must be communicated to us without delay. We may reject an order if you set a delivery deadline which we will not be able to meet.
- If you do not wish to cancel your order immediately, or do not have the right to do so under paragraph 9, 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 have the right to cancel your order for late delivery under paragraphs 9 or 7.10 above, you can do so for just one product or, if you have ordered more than one product, all of the products which are the subject of your order. If the product has been delivered to you, you will have to return it to us, and we will pay the costs of this. Please refer to paragraph 10 for more information about how to return a product to us.
- We deliver to the countries listed on this page of our website [insert link] (International Delivery Destinations). However, please note that there are restrictions on some products for certain International Delivery Destinations, so please review the information on that page carefully before ordering any product.
- If you order a product for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. There may also be administration charges imposed by foreign customs authorities or by our delivery agents. Please note that we have no control over these charges and we cannot predict their amount.
- The recipient will be responsible for payment of the import duties, taxes and charges referred to in paragraph 2 above. Please contact the customs office in the destination country for further information before placing your order.
- You must comply with all applicable laws and regulations of the United Kingdom, of the country from which the order is place and of the country for which the Product is destined. We will not be liable or responsible if you break any such law.
- If you elect to have the goods sent to you by general mail delivery or by any other courier or delivery provider, the goods will be your responsibility from the time we place them into the hands of the international delivery agent and in such an event the goods are dispatched and delivered to you entirely at your risk.
Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 4 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. 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.
- Delivery charges. The price of a product does not include delivery charges. Delivery charges are explained during the check-out process.
- What happens if we have got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we are unable to contact you using the contact details you have provided during the ordering process, we will treat the order as cancelled and notify you in writing.
- When you must pay and how you must pay. We accept payment with the credit and debit cards listed on our check-out page. We also take payment by inter-bank transfer and we reserve the right to insist on inter-bank transfer for products or orders of a value of more than £250, or such other amount as we may stipulate from time to time. Payment will be taken when a product is dispatched or for “pre-order” products when an order is placed.
- 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).
Your rights to end the contract – return and refund
- You have a legal right to cancel any contract with us during the period set out in paragraph 3 below. This means that if, during the relevant period, you change your mind, you can cancel the contract and receive a refund.
- Be aware that your right to cancel a contract if you change your mind does not apply in the case of a product which is sealed for health protection purposes which you unseal after you receive it.
- Your legal right to cancel a contract starts from the date of the Dispatch Confirmation (the date on which we contact you to confirm your acceptance of your order), which is when the contract between us is formed. Your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your contract is for a single product or for multiple products which are dispatched in a single box||The end date is the end of 14 days after the day on which you receive the product(s). For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the product(s) on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.|
|Your contract is for multiple Products which are delivered on separate days||The end date is 14 days after the day on which you receive the last to be delivered of the products ordered. For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the last product on 15 January you may cancel in respect of any (or all) of the products at any time between 1 January and the end of the day on 29 January.|
- You can let us know that you have decided to cancel a contract in lots of different ways, including by completing and submitting the cancellation form on our website. Our dispatch confirmation will include a link to the cancellation form. You can also e-mail us at email@example.com or contact our customer services team on 0141 427 2919. Whatever method of cancellation you use:
- please include your name and details of your order to help us to identify it;
- we will contact you to confirm we have received your cancellation; and
- your cancellation will be effective from the date you send us notice of cancellation.
- Except as set out below, if you cancel your contract because you have changed your mind we will:
- refund you the price you paid for the product;
- refund any postage and packaging costs which you paid in connection with the delivery of the product to you. However, please note that we are permitted by law to refund only the costs of delivery by the least expensive delivery method we offer; and
- make any refunds due to you as soon as you have let us know that you have decided to cancel your contract.
However, please note that:
- any refund which we make will be on the condition that you return the product to us and that we do actually receive the product back from you; and
- if the product is actually received by us:
- we will reduce (potentially to £zero) the value of that part of your refund which relates to the cost of the product (but not the part of the refund which relates to postage and packaging costs) to reflect any reduction in the value of the product, if this has been caused by your handling it in a way which would not be permitted in a shop (for example, if you unseal a product which is sealed for health protection purposes); and
- we will reduce (potentially to £zero) the value of that part of your refund which relates to the cost of the product (but not the part of the refund which relates to postage and packaging costs) to reflect any reduction in the value of the product which results from damage to the product which occurs when it is being returned to us.
If we make a refund to you and later discover that you have not returned the product to us, or that you have handled it in an unacceptable way or that it has been damaged by you or by your carrier when it is being returned to us, you must pay us an appropriate amount. We will calculate that amount, acting reasonably, and will deduct it from the bank account which you used to pay for the product. We may make the required deduction from your bank account in more than one payment. Further information about how to return a product is set out in paragraph 10.9 below.
- You will be responsible for the cost of returning the product to us. Whilst we are under no obligation to do so, if we have offered to collect the product from you and you have accepted that offer, we will charge you the direct cost to us of collection.
- If a product is faulty or has not been described accurately, or if we have delivered the wrong Product, you have a legal right to reject that product. If you wish to reject a product you must let us know that you are rejecting the product and return that product to the address set out in paragraph 9 below. You can let us know that you are rejecting the product in lots of different ways, including by completing and submitting the cancellation form on our website. Our Dispatch Confirmation will include a link to the cancellation form. You can also e-mail us at firstname.lastname@example.org, or contact our customer services on 0141 427 2919. We will refund the price of the product in full and the delivery charges which you actually paid to have the product delivered to you and any reasonable costs you incur in returning the product to us.
Returns and refunds generally
- We will refund you using the same method which you used to pay.
- You must return a product 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 must send the product back to us at: Melisa House, 3 Brand Place, Glasgow, G51 1DR.
Please include a copy of the order paperwork which you receive from us, or at least a note of the order number, when you return the product to allow us to identify your order.
- Remember that you do not have the right to cancel a contract in the circumstances set out in paragraph 2 above and that your right to a refund may be reduced by us in accordance with paragraph 10.5 above.
- As you are a consumer (that is to say that you enter this contract otherwise than in the course of your trade or business), we are under a legal duty to supply a product that is in conformity with your contract. As a consumer, you have legal rights in relation to a product that is faulty or not as described. These legal rights are not affected by your right of return and refund in this paragraph 10 or anything else in these Terms.
- Advice about your legal rights is available (in the United Kingdom) form the Citizens Advice website: adviceguide.org.uk.
- If you are returning a product from a legal jurisdiction other than the United Kingdom, you will be solely responsible for all or any customs duties and tariffs applicable to the jurisdiction from which the goods in question are being returned.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0141 427 2919 or write to us at email@example.com or at our registered office. Alternatively, please speak to one of our staff in-store.
Your rights in respect of defective products if you are a business
- If you are a business customer we warrant that on delivery, and for a period of one month from the date of delivery (warranty period), any products which are goods shall:
- conform in all material respects with their description and any relevant specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
- Subject to paragraph 3, if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in paragraph 1;
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
- If you are a business customer we warrant that on delivery, and for a period of one month from the date of delivery (warranty period), any products which are goods shall:
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will not be liable for a product’s failure to comply with the warranty in paragraph 1 if:
- you consume or use the product after giving a notice in accordance with paragraph 2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, consumption or use of the product;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage conditions.
- Except as provided in this paragraph 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in paragraph 1.
- These terms shall apply to any repaired or replacement products supplied by us under paragraph 2.
Our responsibility for loss or damage suffered by you if you are a consumer
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms or any terms implied by law, 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 specifically discussed it with us during the sales process.
- Product warnings Some products contain warnings about the way in which they are to be used, and by whom they are to be used. We are not responsible for any loss or damage which is caused as a result of you ignoring any such warnings which are reasonably obvious upon an examination of the product.
- 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 and for defective products under the Consumer Protection Act 1987
- 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. You agree not to use the product for any commercial, business or resale purpose and we have no liability to you for any loss of profit, loss of business or loss of business opportunity. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in paragraph 14.
- If we require certain information from you in order to deliver a product to you (for example, detailed address information or personalised product label information) we will contact you to request that information. If you do not give us this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may end the contract and charge you reasonable compensation for the net costs which we incur. We may deduct that compensation from the bank account which you used to pay for the p We may make that deduction from that bank account in more than one payment.
Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- 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
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in paragraph 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.
- Subject to paragraph 1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £100 and ONE HUNDRED PER CENT (100%) of the total sums (net of VAT, customs duty and other direct taxes applicable to the products) paid by you for products under such contract.
- Nothing in these terms shall limit or exclude our liability for:
How we may use your personal information
Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- 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.
- 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.
- 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.
- 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.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England and Wales 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 English courts.
- 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 England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Terms for non-EU customers only
This paragraph applies only if you are located outside of the European Union.
- Except as set out below, the legal terms of business set out these Terms apply to non-EU customers.
- Subject to paragraph 6, if a non-EU customer wishes to cancel his or her contract we will refund the price paid for the product itself, reduced to reflect:
- any reduction in the value of the product if this has been caused by the customer handling it in a way which would not be permitted in a shop (for example, if you unseal a product which is sealed for health protection purposes); and
- any reduction in the value of the product which results from damage to the product which occurs when it is being returned to us.
- If we make a refund to a non-EU customer and later discover that the customer has not returned the product to us, or that the customer has handled it in an unacceptable way or that it has been damaged by the customer or by the customer’s carrier when it is being returned to us, the customer must pay us an appropriate amount. We will calculate that amount, acting reasonably, and will deduct it from the bank account which the customer used to pay for the p We may make the required deduction from the customer’s bank account in more than one payment.
- We are not able to refund:
- any postage or packaging costs which the non-EU customer paid in connection with the delivery of the product to him or her, or the return of that product to us; or
- any import duties, taxes or administration fees incurred in connection with the delivery or return of the product.
- We shall make refunds to non-EU customers promptly using the same method used to pay.
- If a non-EU customer has returned the product to us under this paragraph 17 because it is faulty or because it has not been described accurately or because we have delivered the wrong product, we will refund that customer the price of the product in full and the delivery charges which the customer actually paid to have the product delivered and any reasonable costs incurred in returning the product to us.
- These terms are to be read in conjunction with