We reserve the right to amend these Terms and Conditions from time to time without notice and at our sole discretion. As such, it is your responsibility to review these stated Terms and Conditions at regular intervals.
We reserve the right to amend, modify, discontinue or suspend all or part of this site and may restrict your access to all or part of "the site" at any time without notice or liability.
This site is intended to be used and accessed only by individuals of legal drinking age in their country of residence or in the country from which you are accessing "the site"
1. Definitions All references to "you &/or your" means you and "we, us or our" means Speciality Drinks Ltd of Elixir House, Whitby Avenue, NW10 7SF. “the site” means www.thewhiskyexchange.com
2. Rights All rights in all content including but not limited to copy, images, software (including code, interface and website structure) and the design, look and feel, and format of “the site” are owned by us. You agree that you are permitted to use material and / or content only as set out in these Terms & Conditions. No other use is permitted without express authorisation by us in writing and, where given, you agree not to, in part or full, copy, transmit, distribute, exploit commercially, amend, translate, share with or make available to any other person any such material or content or create derivative works of such material or content.
3. Intellectual Property We are the sole owners and authorised users of all trademarks, service marks, design marks, patents, copyrights, database rights, image rights for photographs contained on “the site” and all other intellectual property appearing on or contained within “the site” including but not limited to the page design and layout and the source code. Except where provided for under these Terms & Conditions, use of “the site” does not grant any right, title, interest or license to you of any such intellectual property and any use or reproduction of the intellectual property is prohibited.
4. Copying You are welcome to print hard copies of material from “the site” solely for your lawful, personal and non-commercial use. All other copying in whatever form whether electronic, hard copy or any other format or use for commercial purposes without our prior written consent is prohibited. All other rights are reserved.
No photography, imagery, text, source code or any other material shown on TWE website (www.thewhiskyexchange.com) may be used in any circumstances for commercial purposes, nor may any of our material herein be altered, cropped, transformed, built upon, or in any other way changed or reproduced, whether from our own websites or copied from third party websites in breach of this condition themselves or otherwise redistributed without our prior written permission.
You may not engage in any price scraping or price harvesting in respect of products on “the site” without our prior written consent.
By breaching this provision you would be committing a criminal offence under the Computer Misuse Act 1990. We will report all such breaches to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use “the site” will cease immediately.
You may link to the home page of “the site” provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation or establish a link in such as way that suggests any form of association, approval or endorsement on our part where none exists.
“The site” must not be framed on any other website nor may you create a link to any part of “the site” other than the home page. We reserve the right to withdraw linking permission at any time without notice or reason.
Through use of “the site”, you acknowledge and agree that all material(s) submitted does not infringe any other persons intellectual property rights and is not vulgar, obscene, defamatory, offensive, malicious, discriminatory or unlawful in anyway and that you grant us a royalty-free, worldwide exclusive and perpetual right and licence to use and reproduce such material in any way, in whole or part, for any purpose by whatever means.
The Whisky Exchange reserves the right to delete any contribution, or take action against any The Whisky Exchange account, at any time, for any reason.
7. Third Party Websites You acknowledge and agree that we are not responsible for any content of any third party websites or material you may access through “the site”.
We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material. You acknowledge and agree that we are not responsible or liable either directly or indirectly for any damages, loss or costs incurred in connection with your use of or reliance of any such content, advertising, products or services on or available from such websites.
Any dealings between you and any third party advertisers or merchants found on or via “the site” including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings are made between you and the relevant advertiser or merchant. Consequently, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
8. Continuity of access / service Our objective is to offer our customers the best possible service, but we are unable to accept responsibility for interrupted access to TWE due to technical problems outside of our control. Due to the nature of the Internet, access may be suspended, restricted or interrupted at any time, and we are therefore unable to guarantee entirely error-free access and services.
9. No Warranties “the site” is presented as is and your use thereof is solely at your own risk. We do not warrant that “the site” will be free from viruses, available, accessible, error-free, uninterrupted or that the contents will be accurate.
10. Your responsibility It is your responsibility to verify all information set out on “the site” with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from “the site” and to ensure the compatibility of such software with your equipment.
11. No Liability Unless where expressly provision for in law we disclaim all liability for any loss, cost or damage (incurred directly, indirectly, consequentially or otherwise) suffered by you as a result of your use of “the site” including but not limited to computer viruses or distributed denial of service attack transmitted through “the site” or from 3rd party sites accessed through “the site” whether such loss, cost or damage arises from our negligence or otherwise whether or not we expressly informed of the possibility of such loss or damage.
12. Indemnity If you are a business user, you agree to indemnify us immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of “the site”
13. Termination We reserve the right immediately to suspend or terminate your use of “the site” if you breach or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.
We may also remove “the site” as a whole or any sections or features of “the site” at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
14. Identity Verification To ensure that your credit, debit or charge card is not being used without your consent and you are over the age of 18, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made.
In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
15. Availability & Pricing We endeavour to ensure the accuracy of the information on “the site”. Should a product be unavailable, we will endeavour to inform you of this promptly. Prices and specifications can change without notice and products are subject to availability. Please be aware that where a product displayed on the website states "Web-Exclusive Price", this means that the price quoted on the website is valid only for online orders and may differ from the item price for physical sales at our Vinopolis outlet.
From time to time we may feature promotions or offers on “the site” . Each offer shall be subject to its own express terms and may not be available in all jurisdictions.
All special offer prices and discounts shown on the website are inclusive of statutory United Kingdom Value Added Tax (VAT) at 20%. Orders being delivered to destinations outside of the European Union will receive an equivalent discount exclusive of VAT for all offers.
16. Privacy We take steps to protect your privacy and comply with all applicable UK data protection legislation in place at the time of your use of “the site” in respect of any personal information relating to you gathered by us.
17. Customs and Import Duties
Alcohol products sold at TWE are subject to UK taxation. If we are sending products to an address within the European Union (EU), prices are subject to Value Added Tax (VAT). This applies to all countries that make up the EU except for Germany and Sweden where UK alcohol tax and VAT are deducted and local alcohol taxes and VAT are added at the time of sale.
If we are shipping to an address outside the EU, we will not charge VAT. However your order will be subject to local taxes and duties upon arrival in the recipient's country, which are levied once the package reaches customs clearance.
Any additional charges for customs clearance must be borne by recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you will need to contact the recipient's local customs office for further information.
Refusal to pay the local import duties and taxes will result in the goods either being:
- Destroyed by Customs; or
- Goods being returned to sender at the cost of the consignee (costs will be deducted from any refund owed).
If we are shipping to an address in the US, customs charges will be calculated and added to your order at the time of checkout so that can we complete the customs clearance procedure as soon as it arrives in the US. Your order will not be subject to any further customs charges.
18. Entire Agreement These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us and supersede all previous statements and understandings whatsoever between us. Any failure by us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision under these Terms & Conditions is found in law to be unenforceable all other provisions of these Terms & Conditions shall remain in full force and effect. We reserve the right to cede, assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to a third party.
19. Law and Jurisdiction These Terms & Conditions, including the Privacy Statement and any matter relating to “the site” shall be governed by English law in particular the licensing act of 2003 in relation to minimum legal age.
Any legal proceeding arising out of or relating to these Terms and Conditions against or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of the English courts and you irrevocably consent to the jurisdiction of such courts.
© Speciality Drinks Ltd trading as The Whisky Exchange, Elixir House, Whitby Avenue, NW10 7SF (registered in the UK) with registered number 4449145. All rights reserved.