TERMS AND CONDITIONS

These terms and conditions are the terms and conditions referred to in our account form (the “Inchaffray Founders Club Form”) and are effective between the customer whose details are set out in the Order Form (“you”) and the Inchaffray Ltd ("we", "our", "us").

1. WHO WE ARE
We are a company registered in Scotland with company number SC653778 whose registered office is at Brynfold, Madderty, Crieff, Perthshire PH7 3PE. Our VAT registration number is 349 7688 31.


2. OUR TERMS
‍These terms (our "Product Supply Terms") set out how you may buy goods from us, what we will supply to you, what we won't do, and what you are obliged to do in relation to the purchase of those goods.  

2.2 In order to purchase goods from us, you must complete the “Inchaffray Founders Club Form” and return it to us. By returning a completed “Inchaffray Founders Club Form” you accept and agree to abide by these Product Supply Terms. All information you give in the “Inchaffray Founders Club Form” must be true, accurate, complete and correct. If any of it changes, you must let us know.

2.3 Once you have completed an “Inchaffray Founders Club Form” and returned it to us, and we have confirmed that your “Inchaffray Founders Club Form” has been accepted, you may order goods from us. Goods may be ordered using telephone, email or letter, and/or using such facilities as we make available from time to time. Any request submitted to us by you for us to supply goods to you shall be an order submitted by you to us, and is referred to in these conditions as an “order”.

2.4 You should read these Product Supply Terms carefully before returning your “Inchaffray Founders Club Form” and/or ordering goods from us, as they create binding legal obligations upon you. If you do not understand any part of them please let us know using the contact details set out below. If you do not agree with or accept any of these Product Supply Terms, you should not return the Account Form or order goods from us.  

2.5 If you have any questions about our Product Supply Terms, including if you don't understand any part of these Product Supply Terms, please contact us:
by e-mail at
‍by telephone at 07970 592021 by post at Inchaffray Distillery, Ferneyfold Farm, Madderty, Crieff, Perthshire PH7 3PE We will endeavor to respond to you promptly. Please note that our email and telephone facilities are monitored only during the hours of 9.00am to 5.00pm Monday to Friday (excluding public and bank holidays in Scotland). Please also note that we may record calls and keep a record of correspondence to enable us to deal with your query, and for quality and training purposes.


3. Personal Data 3.1 Supplying goods to you requires us and third parties to process personal data. This personal data shall consist of names, addresses, contact details and records of goods ordered and interest in our goods, concerning you and persons acting on your behalf of your business. You have various rights, and we have various obligations, in relation to such personal data.  

3.2 We will collect and process personal data (i) to allow us to perform contracts with you, (ii) to manage the relationship between you and us, and (iii) to let you and those persons know of new products we may make available from time to time. The basis for our processing of such personal data in the case of (i) and (ii) shall be contract, and in respect of (iii) your consent. You may withdraw your consent for the processing described in (iii) at any time using the contract details set out above. We will retain such personal data, in respect of (i) and (ii), for such period as rights and liabilities may be outstanding in respect of any supply of goods to you, and in the case of (iii) until you withdraw your consent.

3.3 We may disclose such personal data to our service providers, for example our information technology providers, marketing services providers and fulfillment partners, who assist us in respect of such matters. We will endeavor to ensure that any such disclosure is made upon the basis of a written contract which provides protection for your personal data, however, such persons may be based out with the UK in countries which do not offer the same protections for personal data under law that are available under UK law. If you wish to ascertain what personal data, we hold about you please contact us using the means of contact set out above.


4. Introduction

‍When you order goods from us you are offering to buy the goods set out in that order from us. By submitting an order, you agree to be legally bound by these Product Supply Terms. We may accept or decline your order.

4.2 These Product Supply Terms are available only in English. No other languages will apply to these Product Supply Terms.


5. Age Restrictions
‍
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 or for an adult to buy (or to attempt to buy) alcohol for any person under the age of 18. Different restrictions may apply in your country of establishment or residence. You must not buy or attempt to buy goods from us if it would contravene these restrictions.


6. Contracts with Us

6.1 Please read and check your order carefully before submitting it.  

6.2 Following receipt of your order, we may contact you to say that we do not accept your order. This is generally for the following reasons: the goods are unavailable; you are not allowed to buy the goods from us; we are not allowed to sell the goods to you, for example because you are not over the legal age to buy the goods; you have ordered too many goods; or there has been a mistake on the pricing or description of the goods.

6.3 We only accept your order when we send you our order acceptance confirmation, or otherwise confirm to you the acceptance of your order. At this point a legally binding contract will be in place between you and us for the supply of the goods referred to in that confirmation. The basis for that contract shall be these Product Supply Terms.


7. Delivery 7.1 Where we agree with you that we shall arrange delivery of goods to you, we will use various service providers to deliver our goods. In such an event, goods shall be deemed delivered when placed into the care of that delivery provider. In this event and upon request we will provide you with details of the delivery provider and the arrangements for delivery.  

7.2 The estimated date for delivery of goods to you will be as set out in our order acceptance confirmation.

7.3 If something happens which: is outside of our control; and affects the estimated date of delivery; we will let you have a revised estimated date for delivery of the goods.

7.4 We (or, where applicable, our delivery providers) may not be able to deliver the goods to you or allow you to collect goods if they are unable to properly identify you. Please ensure that you are able to provide our provider with a form of photographic ID.

7.5 We will endeavor to set a delivery date which is within thirty (30) days of your order. If we cannot deliver your goods within thirty (30) days, we will endeavor to let you know. Time of delivery shall not be of the essence of our contract with you.

7.6 Where we arrange delivery to you, if nobody shall be available to take delivery, please contact us using the contact details at the top of this page.

7.7 Please note that where delivery fails due to your non-availability, failure to take delivery, or failure to arrange collection, we (or our delivery providers) may retain the goods and provide you with various options for redelivery or collection, details of which shall be provided to you. If we incur additional costs and expenses as a result of any failure in delivery or failure of collection by you, or provide services to you such as storage and insurance, you shall be liable to us for these costs and expenses, and to pay for these services, and we may invoice you for these charges. You are obliged to pay us for these charges when we request.

7.8 Where you order multiple products from us, we may deliver your goods in instalments. Each instalment shall be the subject of a separate contract, on the terms of these Product Supply Terms.  


8. Payment

‍The price for our goods and the amount of delivery charges you agree to pay will be set out in our order acceptance confirmation. First orders will be payment up front, and future orders will be payable by you to us 30 days from invoice, and as set out in our invoice. Further information upon the price of our goods and our delivery charges may be set out in the materials we make available from time to time. While we try to make sure that the materials we make available are accurate and up-to-date, we cannot promise that they will be. As such, please ensure you check with us using the contact details set out above before you submit your Order Form.

8.2 We may request a deposit from you prior to supplying goods, as a condition of supplying goods to you. If you do not pay us any deposit sought, we may decline to supply goods to you.

8.3 For first orders paying up front, if your payment has not been received by us and you have already received the goods, you must keep the goods in your possession, take reasonable care of them and not resell them before you have paid for them.

8.4 The price of the goods: is in pounds sterling (£)(GBP); includes VAT at the applicable rate; and For UK orders, pricing is DDP (delivered duty paid) and for Export orders pricing is EXW (Ex-works) as amended and supplemented by this agreement.

8.5 You must pay to us all sums due to us in full without any deduction or withholding. If you are obliged to make any deduction or withholding under law, you must pay us such additional amount so as to ensure that we actually receive in full and cleared funds such sums as we would have received but for such deduction or withholding. If you are prevented under law from making any payment to us, for example due to restrictions upon payments into our country of establishment, you must make such payment to such other account in our name or for our benefit as we direct.

8.6 If you are late in paying us any sum due to us, we may charge (and you undertake to pay) interest on the unpaid amount, at the maximum rate set from time to time under the Late Payment of Commercial Debts (Interest) Act 1988, which shall accrue on a daily basis until payment, whether before or after judgement, and which shall be compounded into the principal on a quarterly basis, and which shall be payable on demand.


9. Title and Risk 9.1 All goods remain our property until such time as we have received in full and cleared funds payment for the goods, and payment for any other sums due to us from you. If you fail to pay for goods, or fail to pay any other sums due to us, by their due date, you must return to us or make available for collection by us or our authorised representatives those goods which remain our property upon demand, failing which you grant us the right to enter upon any premises where those goods are held to take possession of the goods.

9.2 Risk in goods shall pass from us to you when the goods are dispatched to you from our premises.


10. Nature of The Goods 10.1 The goods that we provide to you shall be: of satisfactory quality; and match in all material aspects the description of them set out in the materials made available by us to you.

10.2 Please note that the packaging of our goods may be different from that shown in the materials we make available from time to time. While we try to make sure that the appearance of our goods matches shown, there may be small differences between what you receive and what is shown. All sizes and capacities set out in our materials have a small tolerance. Where we include tasting notes, these are the opinion of the taster; your experience and perception may not match their experience and perception.


11. End of the Contract

‍We may terminate the contract between you and us if you breach the contract, we feel that you are likely to breach the contract, or if you suffer any event, procedure or thing in relation to your insolvency, potential insolvency, or inability to meet debt. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract, or any other rights accrued to us under or in relation this contract.


12. The Limits of our Liability

‍Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not liable to you for any secondary, indirect or consequential loss, cost, expense, damage, liability or claim. Our liability to you is further limited to an amount equal to the price paid by you to us for the goods to which a claim is related. Except as expressly set out hereunder, we exclude to the fullest extent permitted by law, any and all express and implied warranties, representations, conditions and guarantees.  

12.2 What we say we will do, and what we say we won't do, or what we will guarantee and what we don't guarantee, and what we recommend or require you to do, in these Product Supply Terms and the other documents they reference, is therefore very important. Please read these documents carefully and let us know if you don't understand any point.

12.3 We shall have no liability to you for any breach of these Product Supply Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, delivery service provider delay or failure, flood, fire, pandemic, government order, explosion or accident.

12.4 Further, no one other than a party to these Product Supply Terms has any right to enforce any of these Terms.


13. Variations, etc These Product Supply Terms are dated 26 July 2021. No changes to these Product Supply Terms are valid or have any effect unless agreed by us in writing. A waiver granted by us under or in relation to this contract is only valid if given in writing, and applies only to the matter in relation to which is given and no other matter. Any part of this contract which is not enforceable shall be deemed severed from this agreement but the remaining parts shall continue in full force and effect. Notices under this agreement shall be given to us by registered post only, and to the address set out above. We may give notices to you via any means of communication we have for you. Notices shall be deemed given forty eight (48) hours after dispatch.


14. Disputes

‍We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible. If you want to take court proceedings, the courts of Scotland will have exclusive jurisdiction in relation to these Product Supply Terms, and Scots law will apply to these Product Supply Terms.