Terms & Conditions of Sale [USA]


www.bruichladdich.com

Overview of the Terms & Conditions of sale

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.bruichladdich.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

Last updated 7th June 2021.

We are always striving to improve the experience customers have when shopping on bruchladdich.com. For customers in the United States, orders of certain products on the www.bruichladdich.com site and that appear in the Laddie Shop will be managed, fulfilled and shipped within the USA by licensed retailers on the Reserve Bar network.

This means that whisky purchases will be subject to lower charges and faster delivery* than shipping overseas from our distillery in Scotland. Any customers within the USA that choose to purchase available products on the Reserve Bar network will be directed to the bruichladdich.reservebar.com website to complete their purchase and browse and add any other items to their cart. Further details can be found on our Shipping and Delivery Information page.

Please note that Reserve Bar is an independent, third-party retailer, and your transaction will be handled by Reserve Bar directly. Your order will therefore be subject to Reserve Bar’s Terms and Conditions, Privacy Policy and Delivery Terms. In addition, it will be supported by Reserve Bar’s Customer Service Support and Processes (including Order Tracking, Payment, Cancellation Rights and Refunds). A copy of the Reserve Bar Terms and Conditions can be found lower down on this page.

Bruichladdich Distillery does not accept responsibility for the purchase or delivery of items through the bruichladdich.reservebar.com platform.

*Bruichladdich Distillery is not responsible for delivering orders through the Reserve Bar network and therefore does not and cannot guarantee costs and timescales.

Not all products sold in the Laddie Shop on bruichladdich.com are available to purchase in the United States and/ or through Reserve Bar’s network of retailers. As such, customers browsing the product catalogue and product pages on bruichladdich.com will see text signposts specific to the way each individual product will ship to the customer, detailed below:

Global Release:

Available to purchase through the Reserve Bar network. Users who select to ‘Buy Now’ will be routed to bruichladdich.reservebar.com to complete their purchase.

Distillery Exclusive:

Only available to purchase directly from the distillery, online and in person from our Distillery Shop on Islay. Some distillery exclusives will be sold exclusively via an online ballot.

Shipped to you from UK

Unavailable in your location but can be shipped to you from Scotland. These products are not Distillery Exclusives.

Products that are no longer available to purchase will not be categorised.

All product pages for any releases that are currently available to purchase will also include Shipping information that details the availability of each product by location or geography. For products fulfilled by Reserve Bar, the coverage information is detailed at a high-level across all products but availability at an individual product level may differ and will be confirmed during purchase on the bruichladdich.reservebar.com platform.

For your reference, please find below Reserve Bar’s Terms and Conditions, including information regarding the use of any Reserve Bar powered platforms and any orders that you make on those platforms.

The Terms and Conditions of Sale for the global Laddie Shop, including purchases of Distillery Exclusives, can be found below in the next section.

RESERVE BAR TERMS & CONDITIONS of Sale

You must be at least 21 years old to visit reservebar.com and reserve bar partner platforms. If you are not, you must leave the site immediately. We take beverage alcohol laws seriously, and if you attempt to purchase or receive beverage alcohol by placing an order on reservebar.com, we will assist law enforcement in prosecuting you to the fullest extent of the law.

All orders are fulfilled by licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor ReserveBar sell alcohol to persons under the age of 21. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and YOU ARE PURCHASING SOLELY FOR (i) SELF CONSUMPTION OR (ii) GIFTING TO A PERSON IN THE U.S. WHO IS AT LEAST 21 YEARS OLD. YOU ALSO AFFIRM THAT THE STATE IN WHICH YOU ARE ORDERING AND THE STATE TO WHICH YOU ARE ASKING US TO DELIVER PERMIT THE SALE AND DELIVERY.

We will rely upon the foregoing representations, and if we are held liable in the event that your representations are not true, and in such case, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.

All orders placed on the ReserveBar.com site are subject to acceptance and shipment by a licensed liquor retail store in the ReserveBar network, and no order is deemed to be accepted by such licensed liquor store until the order is shipped by the retailer. Pursuant to applicable laws and regulations, the liquor store may refuse to accept or fulfill your order for any reason, including, among others, the occurrence of a technological mistake or “glitch” in the transmission of pricing to the customer over the ReserveBar.com site. Therefore, no contractual or other obligation to sell and ship the bottle(s) ordered via the ReserveBar.com platform attaches or is final or binding on the licensed retailer unless and until a licensed retailer accepts and ships the order to the you (or the intended recipient, even if your credit or debit card is authorized or actually charged at the time of order placement or thereafter; in the event of that situation, the customer’s credit or debit card shall be credited back in full. Similarly, in that situation, you will not be responsible for the payment, nor will ReserveBar or the licensed retailer be responsible for providing any further compensation to you or any other party (other than the credit for the amount charged to your customer’s card).

By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from the licensed retailer is at least 21 years old. You also agree that you are not permitted to resell alcohol purchased. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use this site.

ReserveBar.com is owned and operated by US BEVERAGE ADVERTISING CORP., (doing business as “ReserveBar”). By using the site, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site (for example, in connection with special offers or promotions), as they may be amended from time to time, we may refer to herein collectively as your “Agreement” with us.

Title to, and ownership of, all alcoholic beverages passes from the retailer to the purchaser at the store, in the State the alcoholic beverage is purchased, and it is the purchaser’s sole responsibility to ship and/or arrange for shipping from that retailer to the state chosen by the purchaser. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us or the retailer arrange the shipping on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality and any other State that apply to you and the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, spirits. IF YOU DO NOT WISH US TO MAKE THE REPRESENTATIONS AND WARRANTIES IN THIS PARAGRAPH, THEN DO NOT MAKE YOUR PURCHASE.

You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered and once again represents that he/she is 21 years of age or older.

Choice of law; arbitration; and class action waiver.
The internal laws of the State of Connecticut, without regard to any otherwise applicable choice of laws principles, shall govern any action related to these Terms of Service, the use of the ReserveBar.com site or the ReserveBar business.

Agreement to arbitrate
In the event of a dispute between you and us arising under or relating to the ReserveBar.com site or the ReserveBar business, you hereby acknowledge and agree that by using the ReserveBar.com site, you are irrevocably agreeing to resolve any such dispute or claim through binding arbitration, as described below, instead of bringing an action in court. THIS MEANS THAT NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE OR CLAIM IN COURT OR TO HAVE A JURY TRIAL.

YOU ACKNOWLEDGE AND AGREE THAT DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.

Class action waiver
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS THAT NEITHER YOU NOR RESERVEBAR MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

ACCEPTANCE OF AND CHANGES TO TERMS OF SERVICE
By using our site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our site. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our site following the effective date contained in the notification or the posting of such changes on our site if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the then current terms and conditions of the Agreement.

If you have questions or concerns about our specific terms, please send an e-mail to info@reservebar.com.

You agree not to do any of the following while using ReserveBar.com.

Intentionally or knowingly violate any applicable law or regulation or agreement to which you are bound – including this Agreement – nor the rights of any other party;

Purchase only for the following reasons: (i) personal drinking consumption in the United States; or (ii) gifting to someone (of legal age) in the United States.

You agree that you are not purchasing for resale.

Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;

Exceed authorized access, tamper with, or misuse any areas of ReserveBar.com or ReserveBar.com’s computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution.

Frame or link to ReserveBar.com or any of our other sites, unless permitted in writing by ReserveBar.com.

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Web site by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor, recommend or endorse or have any commercial arrangement or control any of these companies or their services.

Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.

All text, graphics, logos, icons, images, audio clips, video clips and software on the site (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing by an officer of ReserveBar, you may not use any Content without our prior written consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or the copyright owner. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Web site or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.

“Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the site, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our site. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an Internet connected device that is compatible with the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services.

Please select Print, and select your printer to retain a copy. If you do not have a printer, you can copy the text of this Disclosure and the underlying agreements and paste the text into a new document in a word processor or a text editor on your computer and save the text.

System Requirements to Access Information

To receive and view an electronic copy of the Communications you must have the following equipment and software:

A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.
System Requirements to Retain Information

To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text of this Disclosure and the underlying agreements and paste the text into a new document in the word processor or text editor and save the text.

Withdrawal of Electronic Acceptance of Disclosures and Notices
You can also contact us in any of the ways described in the paragraph entitled “Paper Delivery of Disclosures and Notices” to withdraw your consent to receive any future Communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we will terminate your use of the site and the services provided through the site.

Termination / Changes
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of the our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.

Your use of our site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of our site. OUR SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and/or the alcohol brand and/or retailers who fulfill your orders, be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Web site, this Agreement, the use or performance of our Web site, the delay or inability to use our Web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our Web site, or otherwise arising out of the use of our Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.

If you are dissatisfied with any portion of our Web site, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Web site. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

You agree to defend, indemnify, and hold ReserveBar, its affiliates, employees, officers, directors and agents and alcohol brand owners and licensed retailers which fulfill orders (“ReserveBar Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any ReserveBar Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms of Service or the representations or warranties that you have made in these Terms of Service; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or regulatory authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) ReserveBar Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by ReserveBar Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, ReserveBar Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. ReserveBar Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a ReserveBar Party.

Your use of our Web site is also subject to our Privacy Policy.

After you place an order using our shopping cart, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Your receipt of an electronic or other form of order confirmation does not signify an acceptance of your order, nor does it constitute confirmation of an offer to sell. The licensed retailer fulfilling your order reserves the right at any time after receipt of your order to accept or decline your order for any reason.

All sales made through our Web site are subject to our return policy. Alcohol products sold via the ReserveBar.com site are not eligible for return, and all sales are final, subject to the limitations set forth in our Return Policy. For a complete description and explanation of our return policy, please see the section about Returns in our Customer Service section.

We reserve the right to reject any order you place with us and/or or to limit quantities in any order, without giving any reason or for no reason, if we determine it is in our best interests to do so. If we reject your order or reduce the quantities of any items in your order, we will attempt to notify you using the e-mail and/or billing address you gave us when you placed the order.

We and/or the licensed retailers may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place via the ReserveBar.com site. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We and/or the licensed retailers that fulfill your orders reserve the right to limit or prohibit sales to dealers.

All orders placed on our site are subject to product availability and will be shipped according to ReserveBar’s shipping policies. In the event your order never arrives, notification of lost items must be received within 30 days from receipt of the shipping confirmation e-mail. Please review the Shipping Information portion of our Customer Service section for additional information on shipping times, rates and policies.

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

ReserveBar may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as We have no control, and are not responsible for such charges.

You agree that for the functions or services which are part of your registration with ReserveBar.com, We may send communications to your mobile device regarding the functions or services you have registered to be able to use on ReserveBar.com. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.

We may terminate your ReserveBar.com account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the site at any time without prior notice.

We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Content on the site, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we don’t exercise some right or enforce some provision at any particular time, that doesn’t mean we have waived that or any other right in any way. If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms of Service, along with the our Privacy Policy and any other terms, conditions or provisions specifically referred to herein, comprises the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same. These Terms of Service and our Agreement with you, is personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission, will be void ab initio. These Terms of Service will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision.

GLOBAL LADDIE SHOP TERMS & CONDITIONS OF SALE

Any purchases made by customers in the United States from the Laddie Shop within the bruichladdich.com website, including whisky and merchandise, will be subject to our global Terms and Conditions of Sale and the Privacy Policy and Terms and Conditions of Use of bruichladdich.com. These are different Terms and Conditions of Sale from Reserve Bar and are included here for your reference.

Bruichladdich Distillery
Due to regulations in your own country of residence, you cannot access this website

By entering our website, you agree to our Terms & Conditions, Privacy Policy and the use of cookies to enhance your user experience and collect information on the use of our website. For more information about deleting or controlling cookies, visit www.aboutcookies.org.

We encourage you to enjoy our single malts responsibly.