Terms & Conditions of Sale


www.bruichladdich.com

Overview of the Terms & Conditions

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 you agree to be bound by these terms and conditions by ordering any of our products.

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 order any Products from our site.

Last updated 7th June 2021.

The Laddie Shop, which sits within the www.bruichladdich.com website, is operated by Mail Marketing (UK) Limited (“we”). We are registered in Scotland under company number SC171868, and our registered office is at 42 Methil Street, Glasgow, Scotland G14 0SZ.

Please note new UK Shipping Rates (grams)

Less than 250 : £1.99
From 250 to 750 : £3.50
From 750 to 20000 : £5.99
From 20000 to 25000 : £25.00
From 25000 to 30000 : £30.00

UK VAT of 20% is always charged on shipping costs.

No goods are offered for sale at this Site to any person who is below legal drinking age in the country in which he or she is resident or any person resident in a country where such sale would be contrary to local law.By placing an order through our site you warrant that you are of a lawful age. If you are buying Products as a gift, the recipient must also be of a lawful age. This is the responsibility of the purchaser.If our couriers are in any doubt about the age of the recipient on delivery, they may request some form of ID.

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the “Despatch Confirmation”).The contract between us (the “Contract”) will only be formed when we send you the Despatch Confirmation.The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

As a consumer, you may cancel a Contract at any time within 14 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition and packaging in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Purchases of alcoholic beverages are restricted to 5 (five) single bottles per transaction.

You can pay for Products purchased from bruichladdich.com by using any of the following cards: Visa, Mastercard, Visa Debit, Visa Electron and Maestro/Switch and by bank transfer. You must give us authority for payment at the time of order.

Although we have taken reasonable precautions to ensure our site is secure, and we believe it is secure, we do not provide any undertaking nor do we accept any liability should there be a breach or failure of security.

We do not accept payment by cheque.

There are several mandatory fields which you must complete to enable us to process your order and allow us to contact you should we need to discuss your order. Please complete all fields carefully and accurately.

All card holders are subject to validation checks and authorisation by the card issuer. We will not deliver any Products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, we cannot accept your order, and will not be liable for any delay or non-delivery.

The main characteristics of the goods sold through this Site are set out on the pages picturing them. Every effort has been made to display the colours of the goods as accurately as possible. However, because the colour you see will depend on your monitor we cannot guarantee that the colours of the goods purchased by you will be the same as the colours shown on your monitor.

Should we accept your order the price applicable to goods ordered by you shall be that shown on the Site at the point at which your order is placed. The period for which this price is valid is limited and we can only guarantee this price to you for orders placed that day (unless a longer period is stated specifically in the description given. The sales tax applicable to your order will depend on a number of factors which we will establish at the point of placing your order. These include the following:

The type of goods ordered (rates may differ);
Where the goods are to be delivered to eg UK, EU, outside EU;

You are responsible for paying any import or similar duties which may be levied on the export or import of the goods ordered by you.

We will notify you of acceptance of your order by email. The contract for our sale and your purchase of the goods shall be made at the place from which our despatch confirmation email is sent to you, when the email is so sent. Prior to such time there is no legal agreement in place.

The goods purchased by you will be despatched to you by the method of delivery taking into account the days of your order as follows:

UK – up to 7 working days
EU – up to 14 working days
R.O.W – 14 to 20 working days

We will inform you of the non-availability of any goods ordered by you within 30 days of the date of your order and will refund your credit card the full amount paid in respect of such goods within 30 days of your order.

You may withdraw from any agreement for the purchase of goods by posting or otherwise despatching the goods to the return address indicated on them within 7 working days of their receipt by you. We will fully refund to your credit card the price (including sales taxes and delivery costs) of any goods so returned to us within 30 days of their receipt by us.

The sales tax applicable to your order will depend on several factors, which we will establish at the point of placing your order. These include the following:

  1. The type of goods ordered (rates may differ);
  2. Where the goods are to be delivered to, e.g. the UK, EU, outside EU;

You are responsible for paying any import, or similar duties levied on the export or import of the goods ordered by you.

We will notify you of acceptance of your order by email. The contract for our sale and your purchase of the goods shall be made at the place from which our despatch confirmation email is sent to you, when the email is so sent. Prior to such time there is no legal agreement in place.

We will inform you of the non-availability of any goods ordered by you within 30 days of the date of your order and will refund your credit card the full amount paid in respect of such goods within 30 days of your order.

You may withdraw from any agreement for the purchase of goods by posting or otherwise despatching the goods to the return address indicated on them within 14 days of their receipt by you. We will fully refund to your original form of payment the price (including sales taxes and delivery costs) of any goods so returned to us within 30 days of their receipt by us.

Deliveries are made during business hours from Monday to Friday; to ensure prompt delivery, someone must sign for the parcel. If no one is available to sign for the parcel, our delivery company will leave a contact card with instructions for the customer to call their local depot. If the customer does not, then call their local depot, the parcel is returned to us after a week – the cost of which will be passed on to the customer. If the parcel is returned to us and you do not wish us to re-send it, only the cost of the product minus the initial delivery charge and the return charge will be refunded. To resend the parcel will incur a further delivery charge. Please contact the local depot/post office as soon as a card is received to re-arrange delivery or collection.

For full shipping and delivery information, please refer to our separate Shipping and Delivery Information page.

Exclusive and limited release products may be sold by a ballot, which offers an opportunity to purchase via a specific process. For balloted sales, entrants opting into an opportunity to purchase must pre‐authorise the transaction should their entry be successful, by providing valid payment card details as part of their entry on a secure platform. The pre‐authorisation will remain valid for a maximum of 7 days, during which time the ballot will close, and the successful entries will be drawn and confirmed.

There will be no charge made to the payment card prior to ballot being drawn but entrants must ensure that there are sufficient funds in their account and that the card remains valid and in date at the point that payment is taken. Successful entrants will receive notification by email confirming that they have been successful and that the funds on their card will be taken and their bottle(s) shipped to their chosen address.

For ballot releases, a maximum quantity of bottles can be ordered per person which will be made clear during the entry process. There is no limit to the number of individual entrants per household.

Ballots offer a unique purchase opportunity of some of Bruichladdich Distillery’s most limited releases. As such, these purchases are distinct from other purchases from the Laddie Shop (or The Botanist website) and cannot be combined with other orders or transactions.

If you wish to return Products which are not faulty, please contact us on: orders@bruichladdich.com with details of your order within 14 days of delivery of the goods.

Any returned products must be returned to us in good condition, with all packaging intact. All refunds and reimbursements will be arranged within 30 days of our acceptance to do so and after the safe receipt of the returned goods. Any product returned must be within its original packaging, contain the relevant paperwork and be adequately packed to avoid any possible damage. The cost and risk of returning the product is the responsibility of the customer and a proof of delivery service must be used.

We will provide a refund or provide a replacement for any Products received damaged or faulty provided we are notified within 3 working days of receipt. Upon receipt of your order, the order should be carefully inspected to make sure that it is intact and in full.

The courier must be informed of breakages or shortages at the time of delivery. We may not (at our sole discretion) accept any claims for breakages or shortages unless they are stated on the couriers documentation. We must have confirmation of these breakages or shortages within 3 working days of delivery. photographic evidence is required by our carrier company if an item has been damaged during transit.

Please note we have endeavoured to ensure the accuracy of all information on our site. The prices payable for the Products that you order are clearly set out on our site. All prices are quoted inclusive of any VAT payable unless otherwise stated. The price of the Products does not include the delivery charge which will be charged at the rates applicable at the date you place your order.

Prices, promotions and specifications can change without notice and Products are subject to availability.

If for any reason beyond our control we are unable to supply a particular Product we will notify you as soon as possible.

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not include or limit in any way our liability (i) for death or personal injury caused by our negligence; (ii) under section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage (including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings and/or loss of data).

bruichladdich.com and the Bruichladdich shop is committed to responsible data management and conforms to the UK Data Protection Act 1998. Any information you provide is treated in strict confidence and is stored in a secure location.

The Bruichladdich shop does not disclose buyers’ information to third parties other than when order details are processed as part of the order dispatch system. In this case, the third party will not disclose any of the details to any other third party.

When you order from us, we require your name, address, delivery details and email address (this allows us to fulfil your order and to keep you updated about its status). We will also ask you for your telephone number, so we can contact you if there is an urgent problem with your order.

All payment and credit card information is processed directly via the secure payment gateway SagePay and not entered on the Bruichladdich Shop system.

Please refer to our separate privacy policy (“Privacy Policy”) which relates to our use of your personal information. If you have any questions about our privacy policy or if you’d like to raise any issues relating to it, please contact us. Breach of our Privacy Policy constitutes a breach of these terms and conditions of which they form part.

You hereby acknowledge that you have read our Website Terms of Use, which are available on our site and can be found by clicking on the following link. Breach of our Website Terms of Use constitutes a breach of these terms and conditions of which they form part.

If you would like to contact us regarding Product availability or information please don’t hesitate to e-mail us direct at orders@bruichladdich.com.

Once a communication is received by us we aim to respond within one (1) working day.

If you are getting in touch regarding an existing order, please provide us with your name, address, order number and SagePay ID allowing us to deal with your enquiry as quickly as possible.

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or any of these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

These terms and conditions and any document expressly referred to in them constitute the entire agreement between us relating to the subject matter of any Contract and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

Nothing in this clause shall limit or exclude any liability for fraud.

We have the right to revise and amend these terms and conditions from time to time to reflect, amongst other things, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scots law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.

Bruichladdich Distillery
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We encourage you to enjoy our single malts responsibly.