AGREEMENT TO TERMS

These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Speciality Drinks Limited, doing business as The Whisky Exchange ("The Whisky Exchange", "we", "us", or "our"), concerning your access to and use of The Whisky Exchange and The Whisky Exchange Trade Portal websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). These Terms also apply to purchase of Goods made through the Site.

We are registered in England & Wales and have our registered office at Elixir House, Whitby Avenue, Park Royal, London NW10 7SF. Our company registration number is 4449145. Our VAT number is GB364951176. Our EORI number is GB364951176000. We are licensed to sell alcohol.

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SITE.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and where changes are material we will take reasonable steps to bring them to your attention (for example, by a notice on the Site or by email if you have an account). The version in force at the time you place an order will apply to that order.

Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply.

You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. If you do not agree to the updated Terms, you should stop using the Site and (where applicable) close your account.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1.1 DEFINITIONS

“Business user” means a person acting for purposes relating to their trade, business, craft or profession.

“Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

“Goods” means products sold via the Site (including alcoholic products).

“Order Confirmation” means our email confirming acceptance of your order (and usually dispatch).

“Working Day” means Monday to Friday, excluding public holidays in England.

“Marketplace Offerings” means any goods or services offered for sale on the Site.

1.2 CUSTOMER CONTRACT PACK

If you place an order for Goods (including as a Consumer), the following pages form part of the contract for that order as they appear on the Site at the time we send your Order Confirmation (and subject always to your statutory rights): Delivery Information, Delivery Charges, Customs & Import Duties, Returns & Cancellation, and Damaged & Wrong Goods.

Where there is any conflict between these Terms and those pages, these Terms prevail unless the other page expressly states it prevails for a specific topic, or applicable law requires otherwise.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the UK, United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

2.1 LINKING

You may link to pages on our Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorised purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). We will exercise this right reasonably and in accordance with clause 18 (Term and Termination).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4.1 SECURITY

You must notify us promptly if you suspect unauthorised access to your account. We may suspend access to protect you, other users, or the Site.

PRODUCT

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Where applicable, presentation boxes will only be supplied with a bottle where they are depicted in the product photograph, please note that presentation boxes may be packed separately to protect them in transit.

5.1 PACKAGING / IMAGES

Product images are illustrative. Packaging, labels and presentation may change. This does not affect your rights where Goods are not as described or are faulty.

PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• PayPal
• Amazon Pay
• Apple Pay
• Google Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. VAT and any relevant sales tax and duties will be added to the price of purchases as deemed required by us. We may change prices at any time.

All payments shall be in British Pounds unless another currency is selected.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6.1 CONTRACT FORMATION

    a. The Site is an invitation to treat. Your order is an offer to buy Goods.

    b. We will acknowledge receipt of your order (this is not acceptance).

    c. A legally binding contract is formed only when we send you an Order Confirmation.

    d. If we cannot accept your order, we will inform you and (if you have been charged) refund you.

6.2 PRICING ERRORS

If we discover an error in the price of Goods you have ordered, we may contact you to ask whether you wish to proceed at the correct price or cancel. If we cannot contact you, we may treat the order as cancelled and refund any sums paid.

6.3 DELIVERY, RISK AND TITLE

    a. Delivery options, charges and estimated times are set out at checkout and in our Delivery Information / Delivery Charges pages.

    b. If you are a Consumer, risk of loss or damage passes to you only when you (or a person you nominate) takes physical possession of the Goods.

    c. If you are a Business user, risk passes on delivery to the carrier.

    d. Title to Goods passes once we have received payment in full for those Goods.

6.4 AGE VERIFICATION AND REFUSAL

Alcohol deliveries may require age verification and an eligible adult signature. We may refuse delivery (and/or cancel an order) where we reasonably believe completing the sale or delivery would breach applicable law or licensing requirements. If we cancel before delivery, we will refund sums paid for undelivered Goods.

6.5 CONSUMER STATUTORY RIGHTS

If you are a UK Consumer, you have statutory rights in relation to Goods that are faulty, not as described, or not fit for purpose. Nothing in these Terms limits or excludes those rights.

RETURN/REFUNDS POLICY

Please review our Return Policy posted on the Site prior to making any purchases.

7.1 STATUTORY CANCELLATION

If you are a UK Consumer, you usually have a legal right to cancel most online purchases within 14 days after the day you (or a person you nominate) receive the Goods, subject to exceptions. The process and timelines are set out in our Returns & Cancellation page.

This statutory right is separate from (and in addition to) any goodwill returns policy we may offer.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Use the Site to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

AGE RESTRICTIONS ON SALES

The Site is based in the UK where it is illegal for persons under the age of 18 to buy or attempt to buy alcohol and for those over the age of 18 to buy or attempt to buy alcohol for those under the age of 18. The Site is intended for users who are at least 18 years old. To purchase alcoholic products from the Site you must be at least 18 years old and not be buying the products for anyone under the age of 18.

You must also be of legal age to purchase alcohol in the country you are in when you make the order and the person the order is being shipped to must be of legal age to purchase alcohol in the country to which it is being shipped.

When you place an order you agree that you or another adult eligible to purchase alcohol will be available to sign for the parcel. If no eligible adult is available you accept full responsibility for rearranging delivery or collection with the relevant courier.

9.1 COMPLIANCE

We may suspend, cancel or refuse orders where we reasonably suspect the purchase or delivery would breach applicable law or age-restriction requirements.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

CONTRIBUTION LICENCE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for the purposes of operating, promoting and improving the Site and our services and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing.

The use and distribution may occur in any media formats and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site. Nothing in these Terms prevents you from bringing a claim where we have acted unlawfully or negligently.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

13.1 PERSONAL DATA

This clause does not apply to personal data, which we handle in accordance with our Privacy Policy.

THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall (if you are a Business user) hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall (if you are a Business user) hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14.1 CONSUMERS

If you are a Consumer, the “hold harmless” wording in this clause 14 does not apply. Nothing in this clause 14 excludes or limits our liability to you where we are legally responsible under applicable law.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

15.1 REASONABLENESS

We will exercise the rights in this clause reasonably and in good faith.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United Kingdom. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

16.1 INTERNATIONAL TRANSFERS

Where international transfers occur, we will ensure they are made in accordance with applicable data protection law and appropriate safeguards.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting a solicitor.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

18.1 We may suspend or terminate access to the Site (or close an account) where we reasonably believe you have breached these Terms, used the Site unlawfully, or where continued access creates security or operational risk. Where practicable, we will give you reasonable notice and explain why, unless doing so would (in our reasonable opinion) compromise security, be unlawful, or be impracticable.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18.2 On termination, you must stop using the Site. Clauses intended to survive termination will continue to apply.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

19.1 STATUTORY RIGHTS / ACCEPTED ORDERS

Nothing in this clause limits liability where we are legally responsible. Changes to the Site or these Terms will not affect orders already accepted via Order Confirmation.

GOVERNING LAW

These Terms (and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims) are governed by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

If you are a Consumer, nothing in this clause affects any right you may have to bring proceedings in the courts of your country of residence where mandatory consumer law provides that right.

DISPUTE RESOLUTION

21.1 If you have a complaint, please contact us using the details in clause 32 and we will try to resolve it promptly.

21.2 If we cannot resolve a dispute informally, either of us may bring proceedings in the courts as set out in clause 20. Nothing in these Terms restricts any Consumer’s right to bring a claim in the courts of their place of residence where mandatory law provides that right.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

23.1 The Site and its content are provided for general information. We try to keep information up to date, but we do not guarantee that the Site or any content on it will be error-free, complete or always available.

23.2 Where the Site links to third-party websites or content, those links are provided for convenience only. We do not control those sites and are not responsible for their content.

23.3 This clause does not affect your statutory rights, including Consumer rights relating to Goods you purchase from us.

LIMITATIONS OF LIABILITY

24.1 Nothing in these Terms excludes or limits our liability for:

    a. death or personal injury caused by our negligence;

    b. fraud or fraudulent misrepresentation; or

    c. any other liability which cannot be excluded or limited by law.

24.2 If you are a Consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for losses that were not foreseeable. We are also not responsible for losses relating to your business, trade, craft or profession (including loss of profit, loss of business, business interruption, or loss of business opportunity).

We are not responsible for: (a) losses that were not foreseeable; or (b) losses relating to your business, trade, craft or profession (including loss of profit, loss of business, business interruption, or loss of business opportunity).

24.3 If you are a Business user, we exclude (to the maximum extent permitted by law) liability for loss of profits, loss of revenue, loss of business, business interruption, loss of anticipated savings, and any indirect or consequential loss. Subject to clause 24.1, our total liability to Business users arising out of or in connection with these Terms shall not exceed the total sums paid by the Business user to us in the 12 months preceding the event giving rise to the claim.

24.4 Nothing in these Terms limits or excludes Consumers’ statutory rights relating to Goods (including where Goods are faulty, not as described, or not fit for purpose), or your rights under the Consumer Contracts Regulations relating to cancellation and refunds.

INDEMNIFICATION

25.1 If you are a Business user, you will indemnify us against losses, damages, costs and expenses (including reasonable legal fees) we suffer arising from your material breach of these Terms, unlawful use of the Site, or infringement of third-party rights through content you upload, to the extent those losses were reasonably foreseeable.

25.2 This indemnity does not apply to Consumers.

USER DATA

We will maintain certain data that you transmit to the Site as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

We are not responsible for loss or corruption of data caused by factors outside our reasonable control. Nothing in this clause limits liability where we are legally responsible (for example, for our negligence), and nothing limits any liability which cannot be limited by law.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You agree that electronic communications satisfy any legal requirement for communications to be in writing. This does not affect any rights you have under applicable law.

EGIFT CARD TERMS & CONDITIONS

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.

RISK OF LOSS

• The eGift Card is delivered when we send it to the recipient email address provided at checkout. You are responsible for ensuring that email address is correct. We are not responsible for eGift Cards lost or used without permission after delivery, except where such loss arises from our breach or failure to use reasonable care and skill. This does not affect your statutory rights, including cancellation rights where applicable.

REDEMPTION

• The eGift card can be redeemed against any product available at https://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 https://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 https://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 https://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 only redeem one promotional eGift Card during a single purchase, but may redeem multiple other eGift Cards during a single purchase.

LIMITATIONS

• This eGift Card can only be redeemed online at https://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.
• Nothing in these eGift terms limits clause 24.1 or Consumers’ statutory rights.

PUBLIC BALLOT TERMS & CONDITIONS

• To confirm their entry of a ballot, customers must complete the checkout process for the balloted product. They will not be charged at that point.
• Winners of a ballot will automatically be charged for the price of the product they are successful in purchasing (price breakdown will be detailed at checkout), plus any relevant taxes and charges.
• If payment fails then a new ballot winner will be selected.
• Only one entry per person. Multiple entries will be ignored.
• Ballot winners will be contacted with confirmation of purchase.
• Those unsuccessful in the ballot will receive confirmation that they have not been selected and will not be charged.
• Ballots are not open to employees of The Whisky Exchange or associated companies.

By entering, you authorise us to take payment automatically only if you are selected as a winner, as described at checkout and in ballot communications.

TRADE TERMS AND CONDITIONS

If you are purchasing from us as a trade customer, your order will be subject to our separate Trade Terms & Conditions. Please ensure you have read and agreed to those terms before placing any trade orders.

If there is any conflict between these Terms and the Trade Terms, the Trade Terms will prevail for trade purchases.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. A contract may be formed electronically without a wet-ink signature. Nothing in this clause limits any rights you have under applicable law.

If you are a Consumer, we may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Speciality Drinks Limited
Elixir House
Whitby Avenue, Park Royal
London NW10 7SF
England

Phone: +44 20 8838 9388

Email: [email protected]

For data protection/privacy queries only: [email protected]

FRIENDS OF THE WHISKY EXCHANGE – LOYALTY PROGRAMME PROMOTION TERMS AND CONDITIONS (WORLDWIDE)

Definitions

These terms and conditions (the “Terms and Conditions”) govern your participation in the Friends of The Whisky Exchange loyalty programme (the “Programme”) as operated by the Operator and carry the following definitions:

Account means your customer account on the Website.

Additional Benefits means any additional benefits, perks, experiences, promotions or offers made available to Members from time to time which are not part of the Core Benefits.

Core Benefits means the following benefits (as described on the Website from time to time): (i) Quarterly Reward; (ii) Early Access; and (iii) Community Engagement.

Community Engagement means community-related content, communications, invitations, experiences and/or opportunities we may make available to Members from time to time.

Early Access means early access to certain products, promotions and/or sales we may make available to Members from time to time.

General Terms and Conditions means the Operator’s general website terms and conditions made available on the Website (or such successor page as notified by the Operator).

Member means an individual who has successfully joined the Programme in accordance with these Terms and Conditions.

Operator means Speciality Drinks Limited (trading as The Whisky Exchange).

Privacy Policy means the Operator’s privacy policy made available on the Website (or such successor page as notified by the Operator).

Programme Communications means Programme Service Communications and, where permitted by applicable law and in accordance with your preferences, Programme Marketing Communications.

Programme Service Communications means non-marketing communications necessary to operate and administer the Programme and your Membership (including membership confirmation, eligibility, benefit redemption instructions, security/fraud notices and material changes to the Programme or these Terms and Conditions).

Programme Marketing Communications means marketing communications relating to the Programme (including Early Access notifications, Quarterly Reward announcements and other member offers, promotions, invitations or product/news content), sent only where permitted by applicable law and in accordance with your preferences.

Non-Programme Marketing Communications means marketing communications not relating to the Programme (for example general product news, offers and promotions not limited to Members), which you may receive if you have separately subscribed or where permitted by applicable law.

Programme means Friends of The Whisky Exchange loyalty programme.

Quarterly Reward means a reward made available to Members each quarter (which may vary and may not be specified in advance).

Territory means worldwide, excluding any country, state or jurisdiction where the Programme is prohibited, restricted, or cannot be offered lawfully by the Operator.

Website means the Operator’s website at which the Programme is offered (and any successor domain operated by the Operator).

Full Terms and Conditions

1. Your participation in the Programme is governed by these Terms and Conditions. Any Programme instructions, benefit redemption instructions or similar directions provided on the Website (or via Programme Communications) are deemed to form part of these Terms and Conditions. By joining the Programme, you accept these Terms and Conditions and agree to abide by them, including any modifications.

2. The Operator reserves the right to refuse, suspend or terminate Membership and/or withhold Benefits from anyone in breach of these Terms and Conditions, or where reasonably necessary to comply with law or regulation, protect the Operator, protect other customers, or prevent misuse.

3. In the event of any conflict or inconsistency between these Terms and Conditions and any other communications (including the General Terms and Conditions, the Privacy Policy, and any advertising or Programme materials), these Terms and Conditions will prevail in respect of the Programme, Membership and Benefits.

Who can join (eligibility)

4. The Programme is open to customers in the Territory, subject to these Terms and Conditions.

5. To join and participate in the Programme you must:

    a) have completed at least one purchase with the Operator via the Website (an order placed and paid for which the Operator has accepted and processed);

    b) be of legal drinking age in your country of residence and in any country to which any order is delivered (if different);

    c) be of legal age to participate in loyalty programmes and to receive communications relating to alcohol (where such concept exists under applicable law); and

    d) have (and maintain) an Account.

    e) be able to receive Programme Service Communications. If you block, suppress or prevent delivery of Programme Service Communications (for example, by blocking our emails or failing to keep your Account details up to date), you may not receive some or all Benefits, including Benefits that are delivered, announced or made available via Programme Service Communications and/or Programme Marketing Communications (where you have opted in to receive them).

6. You are responsible for ensuring that joining and participating in the Programme is lawful in your country of residence and/or the country from which you access the Programme. The Operator may refuse, restrict, suspend or terminate Membership where the Operator reasonably believes participation would breach applicable law or expose the Operator to regulatory, legal, or reputational risk.

7. Membership is personal to you. No Membership, Benefits, or Member-only access may be sold, transferred, assigned or shared (and no Benefit may be claimed by a third party on your behalf) unless the Operator expressly states otherwise in writing for a specific Benefit.

8. The Operator may require proof of eligibility at any time (including age and/or identity verification), including at sign-up, benefit redemption, purchase and/or delivery. If requested, you must provide accurate information and any reasonably required evidence promptly. The Operator reserves the right to suspend or end your Membership and/or withhold Benefits if you do not provide requested proof, or if evidence shows reason to believe you are not eligible.

How to join

9. Subject to eligibility, you may join the Programme via one or more of the following routes (as made available by the Operator from time to time):

    a) at checkout by ticking the relevant box (you will be prompted to create an Account if you do not already have one);

    b) via an invitation link provided to you by the Operator (including via email);

    c) via a module in a transactional order confirmation email (where shown) directing you to a Programme sign-up page; and/or

    d) by logging into your Account and opting in via the marketing/preferences area (including where you access the marketing/preferences area while managing or unsubscribing from other email communications).

10. Customers who hold an Account but have not completed a first purchase will not be able to join the Programme and will be shown a message to complete their first purchase to join.

11. Membership starts when the Operator confirms enrolment (for example, on screen, in-account or via email). The Operator may refuse an application to join where eligibility is not met or where the Operator reasonably suspects misuse, fraud or ineligibility.

Benefits (what Members may receive)

12. The Programme includes the Core Benefits:

    a) Quarterly Reward;

    b) Early Access; and

    c) Community Engagement.

13. Benefits are offered at the Operator’s discretion. Benefits may be limited in availability and may be subject to additional conditions (including product exclusions, time limits, limited quantities, geographic restrictions, delivery destination restrictions, minimum age requirements, and local regulatory constraints). Benefits may vary between Members and between countries.

14. The Operator does not guarantee that any particular Benefit will be available at any given time, that any Benefit will be available in every country, or that you will qualify for or be able to access every Benefit. For example, Early Access does not guarantee availability of stock or the ability to purchase. Some Benefits may be delivered, announced or made available through Programme Communications. If you opt out of Programme Marketing Communications, you will not receive any Benefits that are delivered, announced or made available through Programme Marketing Communications, and you may also miss other Programme information where delivery is not possible.

15. Unless expressly stated otherwise by the Operator in writing:

    a) Benefits have no cash value and are not redeemable or exchangeable for cash;

    b) no cash alternative is available;

    c) Benefits are not assignable or transferable and may not be resold; and

    d) Benefits may not be combined with any other offer.

Additional Benefits and separate terms

16. From time to time, the Operator may offer Additional Benefits. Additional Benefits may be subject to separate terms and conditions which will be provided at the time. If there is any conflict, the separate terms will apply to the relevant Additional Benefit.

17. Where an Additional Benefit could be regarded as a promotion, competition or prize draw in any country, it may be restricted to eligible countries/participants and may be subject to country-specific terms.

Programme Communications and marketing consent

18. By joining the Programme, you acknowledge that the Operator will send you Programme Service Communications necessary to operate and administer your Membership (for example, membership confirmation, eligibility, benefit redemption instructions, security notices and material changes to the Programme or these Terms and Conditions). You cannot opt out of Programme Service Communications while you remain a Member (but you can leave the Programme at any time in accordance with clause 21).

19. Programme Marketing Communications (for example, Early Access notifications, Quarterly Reward announcements and member offers, promotions and invitations) will only be sent where permitted by applicable law and in accordance with the marketing preferences you select and maintain. If you opt out of Programme Marketing Communications, you may remain a Member, but you will not receive any Benefits that are delivered, announced or made available through Programme Marketing Communications.

20. Non-Programme Marketing Communications (for example, general product news, offers and promotions not limited to Members) are separate from the Programme. If you have separately subscribed to Non-Programme Marketing Communications, you may continue to receive them in accordance with your marketing preferences even if you opt out of Programme Marketing Communications or leave the Programme. You can manage these preferences at any time via your Account and/or by using the unsubscribe links in those emails.

Leaving the Programme (unsubscribing)

21. You may leave the Programme at any time by:

    a) clicking the unsubscribe link in the footer of Programme emails to go to the unsubscribe page; and/or

    b) logging into your Account and unticking the relevant Programme opt-in preference in the marketing/preferences area.

    c) Leaving the Programme only affects Programme Communications. If you have separately subscribed to Non-Programme Marketing Communications, you will continue to receive those communications unless you unsubscribe from them separately (via your Account preferences and/or the unsubscribe links in those emails).

22. If you leave the Programme:

    a) your Membership ends and you will lose access to Member-only areas and Benefits from that point;

    b) any unused Benefits may be cancelled or become unavailable (unless expressly stated otherwise for a specific Benefit); and

    c) you may still receive necessary service/transactional communications relating to your orders and Account in accordance with applicable law and the Privacy Policy.

    d) leaving the Programme does not automatically unsubscribe you from Non Programme Marketing Communications that you have separately opted into.

Purchases, delivery restrictions, taxes and compliance

23. Purchases you make from the Operator are governed by the General Terms and Conditions and applicable consumer law.

24. Where a Benefit is applied to a purchase (for example, a discount) and you subsequently cancel or return some or all of the relevant items in accordance with the General Terms and Conditions and your statutory rights, the Operator may withdraw, reverse or re-calculate the Benefit to the extent it was conditional on that purchase.

25. Alcohol product availability, shipping, delivery methods and age verification requirements vary by destination. The Operator may restrict access to certain Benefits, products or promotions based on delivery destination or local legal requirements. Where required by law or delivery partners, delivery may be subject to age verification and may be refused if age verification cannot be completed.

26. Unless the Operator expressly states otherwise for a particular Benefit, you are responsible for any taxes, duties, customs charges and compliance requirements that apply in your country of residence and/or delivery destination.

Misuse and prohibited behaviour

27. You must not abuse, exploit or attempt to manipulate the Programme or any Benefit. This includes, without limitation:

    a) providing false or misleading information;

    b) attempting to circumvent or undermine age-gating or age verification processes;

    c) using automation, scripts, bots or similar methods;

    d) creating multiple accounts or identities to obtain Benefits improperly; or

    e) reselling, trading or transferring Benefits.

28. The Operator reserves the right, at its sole discretion, to disqualify any individual deemed to be ineligible or found to be attempting to circumvent the Programme by tampering with its operation, setting up multiple accounts, using multiple identities or otherwise acting in violation of these Terms and Conditions, and (where necessary) to take reasonable action to protect itself against fraudulent or invalid activity, including requiring further verification of identity, age and other relevant details.

Changes to the Programme and these Terms and Conditions

29. The Operator may, at any time, change, suspend or withdraw the Programme (in whole or part), including changing eligibility requirements, Benefits, and/or these Terms and Conditions, for operational, commercial, legal, regulatory or security reasons.

30. Where reasonably practicable, the Operator will endeavour to notify Members of material changes (for example, via the Website and/or email). If you do not agree to a change, you may leave the Programme in accordance with clause 21.

Privacy

31. The Operator is the data controller in respect of personal information processed for the Programme. The Operator will use personal information for the purpose of operating and administering the Programme (including verifying eligibility, preventing fraud and communicating Benefits), and for the further purposes set out or referred to in the Privacy Policy. Where required to operate the Programme, personal information may be shared with members of The Whisky Exchange group and appointed service providers.

32. The Programme is operated by a UK-based entity. Personal information may be processed in the UK and may be accessed by service providers in other countries as required to operate the Programme, subject to appropriate safeguards where required by applicable law.

Liability

33. As far as is permitted by law, the Operator assumes no responsibility or liability for any inability to access the Programme or redeem Benefits due to circumstances outside the Operator’s reasonable control (including network, systems, server, hardware/software failure or internet unavailability).

34. To the fullest extent permitted by law, the Operator and its associated companies, agents, contractors and service providers assume no liability whatsoever for any direct or indirect damage, loss, or injury suffered by any Member participating in the Programme or using any Benefit. Nothing in these Terms and Conditions excludes or limits the Operator’s liability for death or personal injury as a result of its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.

35. Nothing in these Terms and Conditions affects mandatory statutory rights that apply to you as a consumer under applicable law.

General

36. The Programme is void where prohibited or restricted by law.

37. If any provision of these Terms and Conditions is determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

38. The Operator’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.

39. The Operator may transfer its rights and obligations under these Terms and Conditions to another entity (for example, as part of a reorganisation or sale of business). You may not transfer your rights or obligations under these Terms and Conditions without the Operator’s prior written consent.

40. A person who is not a party to these Terms and Conditions shall have no rights to enforce any of their terms.

Governing law and jurisdiction

41. The Programme and these Terms and Conditions (and any non-contractual issues which arise out of or in connection with them) will be governed by the laws of England and Wales and any dispute as to the meaning of these Terms and Conditions will be subject to the exclusive jurisdiction of the English courts.

THE WHISKY EXCHANGE LOCAL BUSINESS FLYER PROMOTION TERMS AND CONDITIONS

1. This promotion is offered by Speciality Drinks Limited trading as The Whisky Exchange (the “Promoter”).

2. Subject to these terms and conditions, the promotion entitles a customer to 10% off the purchase price of eligible products where the customer spends £25 or more in a single transaction at a participating The Whisky Exchange store.

3. The promotion is valid from 14 April 2026 to 14 June 2026 inclusive.

4. This promotion is only redeemable in the following participating The Whisky Exchange stores:

    a) Covent Garden, 2 Bedford Street, London WC2E 9HH

    b) Great Portland Street, 90–92 Great Portland Street, London W1W 7NT

    c) London Bridge, 88 Borough High Street, London SE1 1LL

5. To redeem the promotion, the customer must present the original flyer at the point of purchase in store.

6. This promotion may be used once only per customer and one flyer may be used for one transaction only.

7. The promotion applies to full-price items only. It does not apply to discounted, reduced, sale or otherwise promotional items.

8. The promotion cannot be used in conjunction with any other offer, promotion, discount, voucher or staff discount.

9. The £25 minimum spend applies to the total value of eligible products only in a single transaction before the 10% discount is applied.

10. This promotion is available to customers aged 18 or over only.

11. The Promoter reserves the right to refuse redemption where it would be unlawful or irresponsible to complete the sale, including where age-verification requirements are not satisfied.

12. The promotion is non-transferable, has no cash value and no cash alternative will be offered.

13. The Promoter reserves the right to withdraw, suspend, cancel or amend this promotion or these terms and conditions where reasonably necessary to do so.

14. By redeeming this promotion, customers are deemed to have accepted these terms and conditions.

15. These terms and conditions are governed by English law and the courts of England and Wales shall have exclusive jurisdiction.

FRIENDS OF THE WHISKY EXCHANGE – IN-STORE LOYALTY PROGRAMME PROMOTION TERMS AND CONDITIONS

Definitions

These terms and conditions (the “Terms and Conditions”) govern your participation in the Promotion as operated by the Promoter and carry the following definitions:

Discount Card means a card entitling the recipient to £10 off their next in-store purchase of £70 or more, subject to these Terms and Conditions;

Friends of TWE Terms and Conditions means the terms and conditions governing the Friends of TWE programme https://www.thewhiskyexchange.com/customerservice/legal-terms#customer-loyalty-terms-and-conditions;

General Terms and Conditions means the Promoter’s general terms and conditions available here: https://www.thewhiskyexchange.com/customerservice/legal-terms;

Participating Shops means all The Whisky Exchange shops in the Territory;

Privacy Policy means the policy of the Promoter found at https://www.thewhiskyexchange.com/customerservice/legal-privacy;

Promoter means Speciality Drinks Limited (Trading as The Whisky Exchange);

Promotion means this promotion to receive a Discount Card upon joining Friends of TWE in store;

Qualifying Sign-Up means a completed sign-up to Friends of TWE in person at a Participating Shop on or after the Start Date;

Start Date means 16 April 2026, in the Territory; and

Territory means the United Kingdom;

Full Terms and Conditions

1. By completing a Qualifying Sign-Up, you accept these Terms and Conditions and agree to abide by them, including any modifications.

2. The Promoter reserves the right to refuse to award the Discount Card to anyone in breach of these Terms and Conditions.

3. In the event of any conflict or inconsistency with any other communications, including the General Terms and Conditions, the Friends of TWE Terms and Conditions and any advertising or promotional materials, these Terms and Conditions will prevail.

How to enter

4. You must complete a Qualifying Sign-Up on or after the Start Date.

5. This Promotion is open to customers aged 18 or over.

6. This Promotion is available to new Friends of TWE members only.

7. Only one Qualifying Sign-Up per person is permitted.

8. A customer who has previously received a Discount Card under this Promotion is not eligible to receive another Discount Card, including where they later cease to be a Friends of TWE member and subsequently re-join.

9. Entries must comply with these Terms and Conditions.

Discount Card

10. Each customer who completes a Qualifying Sign-Up during the Promotion will receive a Discount Card.

11. Only one Discount Card shall be awarded per Qualifying Sign-Up.

12. The Discount Card entitles the recipient to £10 off one future in-store purchase of £70 or more.

13. The £70 minimum spend applies to the total value of products purchased in a single transaction.

14. The Discount Card may not be used against the same transaction in which the customer signs up to Friends of TWE.

15. The Discount Card is redeemable in Participating Shops only.

16. The Discount Card does not have an expiry date.

17. The Discount Card may be used in conjunction with other discounts, vouchers, promotional codes or offers.

18. No product exclusions apply to the Discount Card, provided the minimum spend requirement is met.

19. Employees of the Promoter and its group companies are not eligible to participate in or redeem this Promotion.

20. No cash alternative is available for the Discount Card.

21. The Discount Card is not assignable or transferable.

22. The Discount Card may not be claimed by a third party on your behalf.

23. The decision of the Promoter regarding any aspect of the Promotion is final and binding and no correspondence will be entered into regarding it.

General

24. You hereby confirm that all personal information submitted by you in entering the Promotion (the “Information”) is true and accurate. You are disclosing the Information to the Promoter for the Promotion. The Promoter will only use the Information for the purpose of operating and administering the Promotion, and for the further purposes set out or referred to in the Privacy Policy. The Promoter is the data controller in respect of the Information. Other than as set out in these Terms and Conditions and the Privacy Policy or as may be required by law or any enactment, and unless separate consent is received to use such Information for any other purpose, the Information will not be disclosed to any third party.

25. As far as is permitted by law, the Promoter assumes no responsibility or liability for any incorrect, incomplete or late entries, or for any faulty, incorrect, erroneous or failed data transmissions, communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of the Promotion causing delays or disruption.

26. The Promoter and its associated companies, agents, contractors and sponsors, to the fullest extent permitted by law, assume no liability whatsoever for any direct or indirect damage, loss, or any injury suffered by any entrant participating in the Promotion as a result of accepting or using the Discount Card or the use or disclosure of an entrant’s Information in relation to the Promotion. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence.

27. The Promoter reserves the right to amend, suspend, withdraw or cancel the Promotion or these Terms and Conditions at any time where necessary, including in the event of exceptional circumstances outside its reasonable control, but will always endeavour to minimise the effect on participants to avoid undue disappointment.

28. The Promotion is void where prohibited or restricted by law.

29. If any provision of these Terms and Conditions is determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

30. The Promotion and these Terms and Conditions (and any non-contractual issues which arise out of or in connection with them) will be governed by the laws of the Territory but any dispute as to the meaning of these Terms and Conditions will be subject to the exclusive jurisdiction of the English courts.

Friends of TWE In-Store Join Offer

31. Join Friends of TWE in any The Whisky Exchange shop on or after 16 April 2026 and receive a Discount Card for £10 off your next in-store purchase of £70 or more.

32. Key terms: Open to customers aged 18 or over in the United Kingdom who sign up to Friends of TWE in person in a participating shop on or after 6 April 2026. New members only. One Discount Card per person only. Customers who have already received a Discount Card under this Promotion are not eligible to receive another, including if they later leave and re-join Friends of TWE. The Discount Card is valid on a future in-store purchase only and may not be used on the same transaction as sign-up. Minimum spend of £70 applies to the total value of products purchased in a single transaction. Valid in all The Whisky Exchange shops in the United Kingdom only. The Discount Card has no expiry date. May be used with other offers. Employees are not eligible. No cash alternative. Full Terms and Conditions apply.