Terms & Conditions

The Whisky Exchange is a registered trademark of Speciality Drinks Ltd.

Speciality Drinks Ltd is a company registered in England and Wales with the following details:
Company No. 4449145,
VAT Registration No. GB735785005,
Registered & Trading office: Speciality Drinks Limited, Elixir House, Whitby Avenue, Park Royal, London, NW10 7SF, United Kingdom.

Any use of this website operated by Speciality Drinks Ltd at thewhiskyexchange.com 'the site' is conditional on your acceptance of these terms and conditions of use and extends to our stated privacy policy.

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'.

If you do not fall into either category, or having read and for any reason do not agree with or cannot abide by these Terms and Conditions, including our privacy policy, please exit this site immediately.

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 thewhiskyexchange.com

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 and 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.

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 and 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.

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 (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.

Terms of use relating to 'the site'

You must not misuse 'the site' by knowingly introducing viruses, Trojans, worms, logic bombs or any other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to 'the site', the server on which 'the site' is stored or any server, computer or database connected to 'the site'. You must not attack 'the site' in any way whatsoever, including via a denial of service attack or a distributed denial of service attack.

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 homepage. We reserve the right to withdraw linking permission at any time without notice or reason.

Terms of use relating to Public Forums

'The site' may contain a number of active services or links to similar such services collectively termed 'Public Forums' which may allow you to post, transmit or submit information. While all submitted content is reviewed prior to posting, we take no responsibility for the accuracy of any information posted on 'the site' nor do we accept liability for any loss or damage suffered by you by whatever means as a result of use or disclosure of such material.

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.

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.

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.

Continuity of access / service

'The site' may contain a number of active services or links to similar such services collectively termed 'Public Forums' which may allow you to post, transmit or submit information. While all submitted content is reviewed prior to posting, we take no responsibility for the accuracy of any information posted on 'the site' nor do we accept liability for any loss or damage suffered by you by whatever means as a result of use or disclosure of such material.

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.

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.

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.

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 third-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.

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'.

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 and Conditions.

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.

Product Condition, Availability and 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 Covent Garden outlet.

Please note that with older bottlings, the cork/closure may have deteriorated, so care should be taken when opening. As such, we cannot guarantee the condition of a bottle's closure and the item is sold as described.

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.

Any non-sterling prices displayed on the website using the site's multiple currency feature are subject to constantly changing exchange-rate fluctuations, and as such may differ from one day to the next.

With engraved bottles and personalised labels, we reserve the right to cancel orders and refund payment for any messages or slogans we feel to be inappropriate.

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.

The data we collect from you is used solely for the purpose of fulfilling your order or sending you the newsletter. You may be asked to input information about yourself on different pages of 'the site'. We will never disclose your personal information to any other parties without your consent except as set out in our Privacy Policy or to verify your identification as above. Your credit card information is not retained and is completely removed from our system after your order is processed or cancelled. You have every right to know what information has been held in our system.

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, India or Russia, 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 destination country. Your order will not be subject to any further customs charges.

Entire Agreement

These Terms and 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 and Conditions shall not constitute a waiver of such right or provision. If any provision under these Terms and Conditions is found in law to be unenforceable all other provisions of these Terms and 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.

Law and Jurisdiction

These Terms and Conditions, including the Privacy Statement and any matter relating to 'the site' shall be governed by English law in particular the Licensing Act 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.

Returns and Cancellations

If you wish to review our Returns and Cancellations policy, you can do so here

eGift Card Terms & Conditions

eGift Card Terms & Conditions

  1. 1. Purchase

    The Whisky Exchange eGift Cards can be purchased at specified price points from £25 British Pounds Sterling (GBP) up to a maximum of £1,000.

    Only customers who are 18 years old or above can purchase a Whisky Exchange eGift Card.

    The value of eGift cards are displayed in British Pounds Sterling (GBP). Any order including an eGift Card must be paid in GBP (£).

    The buyer of an eGift Card must enter their full billing details. They will receive an email confirmation of the order once it has been placed and processed. They will also receive an email confirmation when the eGift Card is delivered to the recipient. These email confirmations will include the delivery details and value of the eGift Card but not the card number or pin code.

    If the eGift Card recipient's email address is incorrect, it is the purchaser's responsibility to notify The Whisky Exchange Customer Service department. If the eGift Card has not already been redeemed, we will cancel the eGift Card and reissue it to the correct email address with a different card number and pin code.

  2. 2. Risk of Loss

    The risk of loss and title for eGift cards pass to the purchaser upon electronic transmission of the eGift Card to the purchaser or designated recipient. The Whisky Exchange is not responsible if any eGift Card is not received by the recipient, or is lost, stolen, destroyed or used without your permission.

  3. 3. Redemption

    The eGift card can be redeemed against any product available at thewhiskyexchange.com

    To redeem your eGift Card, you will be required to enter a 16-digit card number and a eight-digit pin code at the online checkout on thewhiskyexchange.com. This 16-digit number and eight-digit pin code will be included in the confirmation email that is sent to the recipient of the eGift Card.

    When you use an eGift Card from The Whisky Exchange, the amount of your order will be deducted from the balance on the eGift card. If your order totals less than the value of the eGift card, any balance will be left as credit on the eGift Card for you to spend in the future. No refund will be given for any balance left on an eGift Card.

    You can obtain information about the remaining balance of your eGift Card by visiting 'Your Account' at thewhiskyexchange.com

    If a purchase exceeds the balance on the eGift Card, the additional amount must be paid using any of the payment methods accepted on thewhiskyexchange.com. No fees apply to the redemption of eGift Cards.

    Any order for a product which is paid for (in whole or in part) using a Whisky Exchange eGift Card is made on and subject to our retail terms of business.

    Customers can redeem multiple eGift Cards during a single purchase.

  4. 4. Limitations

    This eGift Card can only be redeemed online at thewhiskyexchange.com. eGift Cards cannot be redeemed at The Whisky Exchange shops, by telephone, mail order, letter or email.

    The Whisky Exchange eGift Card is not a cheque guarantee, credit or charge card. It cannot be redeemed or exchanged for cash.

    The Whisky Exchange eGift cards, including any unused balances, expire 12 months from the date they are issued to the recipient.

    The Whisky Exchange will cancel the value of an eGift Card if we fail to receive payment from the purchaser's bank or card company for the initial purchase of the card. Further action may be taken where the fraudulent use of a credit card is suspected.

    If any item purchased with an eGift Card is subsequently exchanged for an item of a lower price or refunded, any money owing will be added to the remaining balance on the eGift Card.

    Refunds will not normally be given for the purchase of a Whisky Exchange eGift Card. However, as per the Consumer Contracts Regulations, your right to request a refund for your eGift Card starts from the moment you place your order until 14 days after the eGift Card is sent to the recipient. Refunds can only be made on eGift Cards that have the full purchase value remaining. Only the purchaser of the eGift Card can obtain a refund. We can only give refunds using the original method of payment, to the same payment account.

    We reserve the right to refuse to refund all or any part of a Whisky Exchange eGift Card in circumstances where we consider (acting reasonably, in our sole discretion) that the request for a refund is fraudulent, or is part of a fraudulent transaction, or is otherwise being made improperly.

    All refunds of goods or services purchased with a Whisky Exchange eGift Card will be made in accordance with The Whisky Exchange's refund policy. This does not affect your statutory rights.

    Lost or stolen eGift Cards cannot be replaced. If you lose your card number or pin code, or if it is stolen, please contact The Whisky Exchange Customer Service department. If the eGift Card has not already been redeemed, The Whisky Exchange will cancel the eGift Card and reissue it to the recipient with a different card number and pin code.

    If you are having difficulties redeeming your eGift Card, please contact The Whisky Exchange Customer Service department. If the problem cannot be resolved, and as long as the eGift Card has not already been redeemed, The Whisky Exchange will cancel the eGift Card and reissue it to the recipient with a different card number and pin code.

    eGift Cards cannot be used to purchase other eGift cards. eGift cards cannot be resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Whisky Exchange eGift card balances may not be transferred to another eGift Card.

    The funds on eGift Cards are not covered by the Financial Services Compensation Scheme. In the unlikely event of The Whisky Exchange becoming insolvent, some funds on your eGift Card may not be available to spend.

    The Whisky Exchange reserves the right to amend these terms and conditions from time to time where we consider it reasonable and necessary to do so.

    The Whisky Exchange eGift cards and these terms and conditions are issued by Speciality Drinks Ltd t/a The Whisky Exchange, Registered in England and Wales (Company No.4449145). Registered Office: Elixir House, Whitby Avenue, Park Royal, London NW10 7SF.

© 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.