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TERMS OF SALE FOR GLENFIDDICH GALLERY

1. ABOUT US

1.1 We are William Grant & Sons Brands Limited, a company registered in England & Wales with company number 08871077 and registered office at Independence House, 84 Lower Mortlake Road, Richmond, Surrey, TW9 2HS. Our VAT number is 554690029

1.2 All references to "our", "us", or "we" in these terms of sale are to William Grant & Sons Brands Limited and its subsidiaries, affiliates and associates.

2. INTRODUCTION TO OUR TERMS OF SALE

2.1. These terms of sale (”Terms of Sale”) give you information about us and the terms and conditions on which we will sell the products listed on our website (“Products”).  Unless specifically stated otherwise, all terms and conditions set out in the Terms of Sale will apply to you whether you are a consumer or a business.

2.2. These Terms of Sale, together with any order that you place for Products (“Order”), constitute the contract of sale between you and us (“Contract”). Please read these Terms of Sale carefully and make sure that you understand them, before ordering any Products. Before placing an Order, you will be asked to agree to these Terms of Sale. If you refuse to accept these Terms of Sale, you will not be able to place an Order. Our Privacy & Cookies notice and Terms of Use will also apply and form part of any Contract

2.3.  If you are a consumer, you may only purchase Products if you are at least 18 years old. 

2.4. If you are placing an Order on behalf of a business, you confirm that you have authority to bind that business on whose behalf you are using our site to purchase Products.

2.5. We may revise these Terms of Sale at any time by updating this posting, at which time they will be effective. Every time you order Products, please check these Terms of Sale to ensure you understand the Terms of Sale which will apply at that time.  The Terms of Sale in force at the time of your Order will apply to the Contract. 

3. CONTACTING US

3.1. If you wish to contact us, you can e-mail us at general_enquiries@glenfiddichgallery.com, call us on 0844 5736454 or complete and submit the form on the Customer Service page on our website.

3.2. If we have to contact you, we will do so by e-mail or by pre-paid post to the address provided in your Order.

4. Our Products

4.1. The images of the Products displayed on our website are illustrative. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products.

4.2. The shopping pages on our website guide you on how to personalise our Products and the packaging, if you so wish. Our order process allows you to check and amend any errors before submitting your Order. We shall personalise the Products according to the options you select so please take the time to read and check your Order carefully at each stage of the process.

5. How the contract is formed

5.1 After you place an Order, you will receive an e-mail from us confirming the details of the Order and receipt of your payment. This does not mean that your Order has been accepted.

5.2. If we are unable to fulfil your Order, for example because a Product is not in stock or no longer available, or because we are unable to personalise the Product according to the options you have selected, we will inform you by e-mail and we will not process your Order further and we will refund the full amount you have paid as soon as reasonably possible.

5.3. We may, at our sole discretion, refuse to process your Order for any reason, including where it contains content in the personalisation which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, creates the likelihood of confusion with another person's trade mark, brand or business name (or otherwise infringes their intellectual property rights), or which may cause annoyance or inconvenience. 

5.4.We will confirm our acceptance of your Order by sending you a further e-mail (“Order Confirmation”). The Contract will only be formed when we send the Order Confirmation.

6. DELIVERY

6.1. We will send an e-mail to confirm the Products have been dispatched.  This e-mail will contain a delivery tracking code.  Unless the delivery is affected by an Event Outside Our Control (see clause 13), we will make every effort to deliver your Products to your nominated address within 10 working days after the date of the Order Confirmation.  However, this is an estimate only and there may be occasions where we cannot always meet it.  Where that is the case, we will deliver your Products within 30 days after the date of the Order Confirmation. 

6.2. If no one is available at your nominated address to take delivery, or if our courier has reasonable doubts that the signee/person taking delivery is 18 years of age or over we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery and may, ultimately, refuse delivery.  You may be required to provide proof of age at delivery. 

6.3. Delivery shall be completed when we deliver the Products to the address you gave us, and you will own the Products from that time.

6.4. If we miss the delivery deadline then, provided that we have no legal reason for missing it, you may cancel your Order where:

       6.4.1. we have refused to deliver the Products; 

       6.4.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

       6.4.3. you told us before we accepted your Order that delivery within the delivery deadline was essential.

6.5. If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 6.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

7. DELIVERY OUTSIDE THE UK

7.1. We will only accept Orders for delivery to addresses in the UK.

8. PRICE OF PRODUCTS AND DELIVERY CHARGES

8.1. The price of the Products will be as quoted on our website at the time you submit your Order. Prices for our Products may change, but changes will not affect any Order already placed.

8.2. The price of a Product includes any applicable duties and taxes at the then current rate chargeable in the UK.

8.3. The price of a Product includes delivery charges. 

9. HOW TO PAY

9.1. We accept the following methods of payment: Mastercard, VISA, AMEX, Maestro and JCB.

10.  CANCELLATION AND RETURNS

10.1. Products that you personalise

10.2. For any Products that you personalise, as these are made to your requirements, you will not be able to cancel your Order once the Products you have selected for personalisation have been produced (but this will not affect your legal rights as detailed in clause 10.9 or your right to cancel under clause 6.4).

10.3. Products that you do not personalise

For any Products that you do not personalise, you can cancel the Contract during the period set out in clause 10.4.  This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. 

10.4. You can cancel the Contract from the date of the Order Confirmation. The last date for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract  Last day of cancellation

Your Contract is for a single Product.

The last date for cancellation is 14 days after the day on which you receive the Product.

Example: if we send an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for multiple Products which are delivered on separate days.

The last date for cancellation is 14 days after the day on which you receive the last delivery instalment of the Products.

Example:  if we send an Order Confirmation on 1 January and you receive the first of your Products on 10 January, and the last Product on 15 January, you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

10.5. To cancel a Contract, you just need to let us know. The easiest way to do this is to contact us by submitting the form on the Customer Service page on our website.

10.6. Returns


10.7.If you cancel your Contract under clause 10.3, we will:

        10.7.1. refund you the price you paid for the Products, but reduce your refund to reflect any reduction in the value of the Products, if this has been caused by you mishandling them; and

        10.7.2. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

                    (a) if you have received the Product and we have not offered to collect it from you: 14 days after the date on which we receive the Product back from you or, if earlier, the date on which you                              provide us with evidence that you have sent the Product back to us; or

                    (b) if you have not received the Product, or you have received it and we have offered to collect it from you: 14 days after the date upon which you inform us of your decision to cancel the                                    Contract.

10.8. If a Product has been delivered to you before you decide to cancel your Contract, then you must return it to us without undue delay, and in any event not later than 14 days after the date on which you let us know that you wish to cancel the Contract.

10.9.You have rights in relation to Products that are faulty or not as described.  Nothing in these Terms of Sale will affect these rights.  If you think the Products are faulty, or are not as described in the Order, please contact us immediately. 

11. OUR LIABILITY IF YOU ARE A CONSUMER

11.1. If we fail to comply with our Contract with you, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract concerned.

11.2. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

11.3. We do not exclude or limit our liability for:
         
         11.3.1. death or personal injury caused by our negligence;

         11.3.2. fraud or fraudulent misrepresentation;

         11.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

         11.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

         11.3.5. defective products under the Consumer Protection Act 1987.

12. OUR LIABILITY IF YOU ARE A BUSINESS

12.1. We only supply the Products for internal use by your business and you agree not to use the Product for any resale purposes.

12.2. Nothing in these Terms of Sale limits or excludes our liability for:

         12.2.1. death or personal injury caused by our negligence;

         12.2.2. fraud or fraudulent misrepresentation;

         12.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

         12.2.4. defective products under the Consumer Protection Act 1987.

12.3. Subject to clause 12.2, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

         12.3.1. any loss of profits, sales, business, or revenue;

         12.3.2. loss or corruption of data, information or software;

         12.3.3. loss of business opportunity;

         12.3.4. loss of anticipated savings;

         12.3.5. loss of goodwill; or

         12.3.6. any indirect or consequential loss.

12.4. Except as expressly stated in these Terms of Sale, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms of Sale by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

13. EVENTS OUTSIDE OUR CONTROL

13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.  ”An Event Outside Our Control“ is any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

         13.2.1. we will notify you as soon as reasonably possible; and

         13.2.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event                                  Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13.3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us using the details set out in clause 3. 

14. OTHER IMPORTANT TERMS

14.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under that Contract.  You may only transfer your rights or your obligations under a Contract to another person if we agree in writing.

14.2. No other person shall have any rights to enforce any of the terms in any Contract between you and us.

14.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15. GOVERNING LAW AND JURISDICTION

15.1. These Terms are governed in accordance with the laws of England and Wales. This means a Contract for the purchase of Products through our website, and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales.  

15.2. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in relation to any dispute concerning a Contract between you and us, meaning that if you are a resident of a country that is not England, proceedings may also be brought in the country in which you are resident. 

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