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PURCHASES

1. DEFINITIONS AND INTERPRETATION

1.1 In these Conditions:

Contract - means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;

Conditions - means the standard terms and conditions of sale set out below, including any special terms and conditions confirmed in writing by us;

Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;

We - means Abhainn Dearg Distillery, and “us” and “our” shall be construed accordingly;

you - means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly;

1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.

1.3 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.

1.4 Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.

2. BASIS OF SALE

2.1 These Conditions and the terms of the Returns Policy shall set out the entire agreement and apply to all Contracts between us for the sale of Goods.

2.2 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.

2.3 We reserve the right to withdraw any offer or special promotions displayed on the website that in the opinion of Abhainn Dearg Distillery is being abused. However, in the event that you have already placed an order that we have accepted we will provide you with a full refund for any money received.

3. ORDERS AND SPECIFICATIONS

3.1 Your order represents an offer to purchase the Goods which is accepted by us when we dispatch the Goods to you. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods.

3.2 If we reasonably believe you are intending to resell the Goods (whether on e-bay or otherwise) we reserve the right to refuse your order. However, in the event that we do accept your order we will be entitled to treat you as a commercial customer and as such:-

3.2.1 the rights afforded in clause 11 relating to the right to cancel will not apply; and

3.2.2 the terms of our ‘no quibble returns policy’ will be withdrawn, and we will only accept returned Goods within seven days of dispatch if they were defective at the time of receipt.

3.3 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.

4. PRICE OF THE GOODS

4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.

4.2 While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.

4.3 In the event that we are unable to supply the Goods at the price, specification or by the delivery date stated in the order, we will where possible notify you of any changes in the price or date and where the Goods ordered are not available we may offer you substitute goods. In the event that the substitute goods are at a different price, you will be asked to re-confirm your order at the new price. You are not obliged to accept any substitute goods and will be entitled to receive a full refund for the Goods which we are unable to deliver or are not acceptable.

4.4 The price is inclusive of any applicable value added tax (at the rate form time to time in force) and any packaging or delivery costs for which you shall be liable will be confirmed after your order has been placed.

5. TERMS OF PAYMENT

5.1 At this time all online payments are via Sage Pay using their https gateway. Payment by cheque is acceptable, but goods will not be sent on till the cheque is cleared.

5.2 In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.

5.3 All payments shall be taken at the time of order. Where the price of any order is amended in accordance with clause 4.3 above however, a charge for the new amount shall be taken and the original payment refunded. You should be aware that, due to card provider procedure, both transactions shall be debited from your account and a short period of time shall elapse before the refund is processed through your account. We exclude to the fullest extent permitted by law any liability for any additional cost you may incur as a result of this. The rest of this clause 5 shall apply to these further payments where appropriate.

WEBSITE TERMS AND CONDITIONS

Any use by you of the Abhainn Dearg Distillery website at www.abhainndearg.co.uk (Website) is conditional upon your acceptance of these Terms & Conditions, including our Privacy and Cookies Notice. The following Terms and Conditions apply to users, viewers and all people who access

this Website.

Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website.

TO ACCESS THE WEBSITE YOU MUST BE OF LEGAL DRINKING AGE IN (18 FOR THE UK) THE COUNTRY WHERE YOU ARE VIEWING THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE.

All references to ‘our’, ‘us’, ‘we’ or ‘Company’ within this policy and within the Privacy and Cookies Notice are deemed to refer to Abhainn Dearg Distillery.

INTRODUCTION

1.The Company may revise these Terms and Conditions at any time by updating this posting.

2.It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy and Cookies Notice.

INTELLECTUAL PROPERTY

3.Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation trademarks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licensed by the Abhainn Dearg Distillery.

4.Without limitation, the trademarks and all related logos, labels, bottle designs and all other intellectual property associated with the Abhainn Dearg brand are owned by the Company.

5. Any other product names and images used in this Website are for identification purposes only. All trademarks and registered trademarks included in such product names and images are the property of their respective owners.

6.Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.

7.Any rights not expressly granted in these Terms and Conditions are reserved.

SERVICE ACCESS & ACCEPTABLE USE

8.The Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily or permanently without notice.

9.Without prejudice to Clause 8, the Company reserves the right to suspend, terminate or restrict access to the Website if these Terms and Conditions are breached.

10.You may use the Website only for lawful purposes. You may not use the Website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent effect;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam;
• to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware;
• to undertake any other activity that would contravene the Computer Misuse Act 1990 (UK).

LINKS TO OTHER WEBSITES

11.Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or

availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

RESTRICTION ON LIABILITY

12.While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices

described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. To the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all

representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law).

13.Subject to Clause 12, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s , employees, or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to

you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort

(including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss

or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

14.Nothing in these Terms and Conditions shall limit the Company’s liability for:

• death or personal injury caused by the negligence of the Company, agents,  or representatives;

• fraud or fraudulent misrepresentation; or

• any other liability which cannot be excluded or limited by law.

GOVERNING LAW AND JURISDICTION

24.These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Scottish courts although the Company retains the right to bring

proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

 

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Contact Details

Abhainn Dearg Distillery
Carnish
Isle of Lewis
Outer Hebrides
Scotland
HS2 9EX

Telephone: 01851 672429
Website: www.abhainndearg.co.uk

 

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