Distillery On Line Shop Terms And Conditions
INFORMATION ABOUT US
The Plymouth Distillery online shop at [www.plymouthgin.com] is a site operated by Chivas Brothers Limited ("we"). We are registered in Scotland under company number SC268758 with our registered office at 111-113 Renfrew Road, Paisley, Scotland PA3 4DY.
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply any of the products listed in our online shop to you. Please read them carefully before ordering any products from our online shop. You should understand that by ordering any products from our online shop, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. If you have any questions relating to these terms and conditions you should contact rose.macinnes@pernod-ricard.com.
SERVICE AVAILABILITY
Our online shop is only intended for use by people resident in the United Kingdom. We do not accept orders for individuals outside the United Kingdom. Please note however that although we can accept orders from anywhere in the United Kingdom we only deliver to mainland Great Britain (please see 5.4 Shipment below).
YOUR STATUS
By placing an order, you warrant that:
- (a) You are legally capable of entering into binding contracts;
- (b) You are at least 18 years old;
- (c) You are resident in the United Kingdom;
- (d) You are placing your order from the United Kingdom;
- (e) All details provided on your order for the purpose of purchasing the goods are correct;
- (f) The credit/debit card you are using is your own and that there are sufficient funds and/or sufficient unused credit limit available to cover the cost of the goods.
USE OF THE ONLINE SHOP
Orders for goods may be placed by phoning 01752 665 292, faxing to 01752 220 062 or via the online order form. Any order for goods placed by you via any of those means shall be subject to these terms and conditions. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall affect the statutory rights of any consumer. In order to make a purchase you will be required to provide the following information:
- Name, address, email address and contact telephone number
- Confirmation that you are aged over 18
- Payment details
- Delivery address
- Products required
All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions. You, the buyer, shall be responsible for ensuring the accuracy of the details provided in your order and we will not be obliged to accept an order unless all details requested have been provided correctly.
ORDERS AND REFUNDS
Confirmation of Order Once we have received your order, you will receive confirmation by e-mail. Confirmation will also be sent by email after any changes, additions or deletions to the order and to advise you when your order has been despatched. Changes to your order may be made before your order has been despatched.
Stock Availability
The confirmation by e-mail you receive is confirmation that we have received your order and not a guarantee of stock availability. If we are unable to fulfil your order we will contact you within 2-3 working days from the date of the confirmation e-mail.
Contract Creation
The contract between us is concluded upon despatch of the goods ordered unless it has been cancelled in accordance with the stated procedure or we have informed you that your order has not been accepted. Non-acceptance of the order may occur, without limitation, because of: stock unavailability, goods description error, lack of payment authorisation, failure to meet all or any part of the required order eligibility criteria as set out herein.
Shipment
Please allow up to seven working days from confirmation of order for delivery. We will email you to confirm despatch. We can only deliver to addresses within mainland Great Britain (please note that this excludes Northern Ireland, the Channel Islands and the Isle of Man). Orders are generally sent via courier but we reserve the right to make alternative arrangements.
Delivery
The goods will be delivered to you, the buyer, at the address provided by you in your order. For security reasons we cannot deliver to a BFPO (British Forces Post Office) address. We reserve the right not to deliver to a specified address if, in our absolute discretion, we deem that the address may not be secure, such as a PO Box No, or if we have any other legitimate concerns. In the event that we decide not to deliver to a specified address we will notify you as soon as reasonably practicable and shall issue a refund of all sums received by us in respect of the relevant order to the credit/debit card from which those sums were received.
Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver your goods by the date quoted for delivery you, the buyer, shall be entitled to cancel the order at any time before delivery takes place. The risk in the goods shall pass to you upon delivery to you taking place.
You, the buyer, will inspect the goods as soon after delivery as is reasonably practicable and will notify us of any shortages, defects in the goods or any other complaint in respect of them within 10 working days from the date the goods were delivered to you. Save in respect of any shortages or defects if you, the buyer, fail to comply with this clause we will not be held legally liable in respect of any other complaint which should have been brought to our attention within this period.
Cancellation of Order
Please note that if you are contracting as a consumer you are entitled to cancel this contract if you so wish provided you do so within seven working days from the day after receipt by you of the goods. The goods must be returned intact and in original, undamaged packaging and we reserve the right to withhold a percentage of the refund value of the goods if they are damaged in any way. Provided that the goods have not been opened or damaged we will refund your credit/debit card with the original purchase price of the returned goods including original delivery costs and return postage within 30 days of receipt by us of the goods returned by you. This provision does not affect your statutory rights.
Guarantee and Refunds
In addition to cancelled orders and returns within 7 working days as described above we offer a full refund in respect of any damaged, incorrect or incomplete orders. Your statutory rights are unaffected. Upon receipt of the returned goods we shall examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will usually refund any money received from you to the same credit/debit card originally used by you to pay for your purchase. If you are returning anything to us, please ensure that it is safely packaged in the original packaging to prevent damage in transit.
PRICES AND PAYMENT
Prices and Taxes
The price of any goods will be as quoted on our online shop from time to time except in cases of obvious error. We are under no obligation at any time to provide goods to you at an incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing. All prices shown against our goods are inclusive of VAT but exclusive of delivery costs. We reserve the right to vary the prices of any goods at any time and without prior notice. Once an order has been acknowledged the prices quoted for that order will not be changed. You will be responsible for any additional customs duties and taxes that may be charged if the goods are purchased for onward transmission outside Great Britain.
Payment Types
We accept [Visa and MasterCard credit cards, Visa Delta and Maestro debit cards]. Details of the card will be sent through the web to a secure server using encrypted email. By placing an order you, the buyer, consent to payment being charged to your credit/debit card. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer does not authorise payment we will not be liable for any delay or non-delivery. All transactions in our online shop are made in GBP Sterling. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods.
Delivery Costs
The prices shown in our online store include packaging but do not include delivery costs. Delivery costs are based on delivery to a single address [dependent on the quantity that you are ordering. We shall provide confirmation of the delivery charges that apply to your order in your order confirmation email or over the phone where you submit your order by phone.] and are as follows: £7.00 per order.
OUR LIABILITY
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where you and we could contemplate them at the time your order is accepted by us.
We are not responsible for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the supply of goods and which are not foreseeable by you and us. Notwithstanding the foregoing, nothing in these terms limits in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Events Outside Our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control ("Force Majeure Event"). Our performance under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions may be performed despite the Force Majeure Event.
GENERAL
Changes To The Online Shop We will attempt to ensure that the information available on the online shop at any time is accurate. However, we will not be held liable for any errors or omissions. We will use reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. We reserve the right to:
- Modify or withdraw the online shop or any part of it either temporarily or permanently without notice to you;
- Change these terms and conditions from time to time. Please note that your continued use thereafter of the online shop shall be deemed to be your acceptance of such change;
- Withdraw from sale or alter the price of any product or ancillary cost such as delivery at any time;
- and/or
- Refuse to process a transaction or refuse service to anyone for any reason and at any time at our sole discretion.
Contact Us
If you would like to contact us, our online shop contact details are:
Plymouth Gin Distillery Shop
Black Friars Distillery
60 Southside Street
Plymouth
PL1 2LQ
Telephone: 01752 665 292
Fax: 01752 220 062
Email: rose.macinnes@pernod-ricard.com
General
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question will not be affected.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede any previous arrangement, understanding or agreement between you and us relating to the subject matter of these terms and conditions.
Any contract between you and us pursuant to these terms and conditions will be binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge, sub-contract or otherwise dispose of any such contract, or any of your rights or obligations arising under such a contract, without our prior written consent.
We may transfer, assign charge, sub-contract or otherwise dispose of any such contract, or any of our rights or obligations arising under such a contract, at any time.
These terms and conditions are governed by and construed in accordance with the Laws of England and you agree, as we do, to submit to the non-exclusive jurisdiction of the English Courts.
