TERMS & CONDITIONS

("Site")

Last updated: 07.05.2024

INTRODUCTION

• This website ("Site") other than the Shop is operated by MacDonald & Muir Limited. The Shop is operated by Moët Hennessy UK Limited.
   
• MacDonald & Muir Limited ("MacDonald & Muir") is a company incorporated in Scotland under company number SC19038. Our registered office is at The Cube, 45 Leith Street, Edinburgh, EH1 3AT and our registered VAT number is GB269119536.
   
• Moët Hennessy UK Limited ("MHUK") is a company incorporated in England under company number 0371236. MHUK's registered office is at 18 Grosvenor Gardens, London SW1W 0DH and its registered VAT number is GB238953231.
   
• MacDonald & Muir and MHUK are referred to in these Terms and Conditions as "we" or "us" save expressly stated otherwise or the context otherwise requires.
   
• These Terms and Conditions are divided into several sections:
  • Section A contains the terms that apply to your access to and use of any part of the Site whether or not you order any products through the Shop ("Shop") ("Terms of Use").
  • Section B contains the additional terms that apply to any orders for products and related services that you place through the Shop ("Product Terms").
  • Section C contains the additional terms that apply if you book tickets through the Visit Us page to attend and/or participate in a ticketed event, tour, tasting, class, or other experience organized ("Experience Terms").
  • Section D contains general provisions that apply to any and all use of the Site.
     
• Please read these Terms and Conditions carefully before you use this Site. By using this Site, you confirm your acceptance of and agreement to be bound by and comply with these Terms and Conditions. If you are accessing this Site on behalf of a company or other legal entity, your use of this Site confirms that the company or other legal entity agrees to be bound by and comply with these Terms and Conditions.
   
• We may modify these Terms and Conditions from time to time. We will endeavour to notify you of any material amendments to these Terms and Conditions by placing a notice about them on the homepage of the Site but do not guarantee to do so, therefore please review the Terms and Conditions whenever you use the Site as any changes are binding on you from the date that we make them.
   
• We recommend that you print a copy of these Terms and Conditions for future reference.
   
• Our Privacy & Cookies Notice, which explains what information we will collect from you when you use the Site and how we will use this information, and how we use cookies, also applies to you.

SECTION a: TERMS OF USE

ABOUT THIS SITE

• The Site provides users with details about Ardbeg products, events, and experiences. You may browse the Site, purchase goods and related services, and book tickets without the need to register for an account. However, there is also the option to register for an account with our Site (this is not mandatory – please see below for more details).

 

AGE RESTRICTION

• You must be at least 18 years of age to use the Site, to register for an account and/or to place orders or make bookings via the Site. If you are underage, please do not attempt to use the Site, register for an account, place orders, or make bookings via the Site. If we believe or verify that you are not aged 18 or over, we may suspend or cancel your access to and use of the Site until you have provided us with acceptable proof of age.
   
• You will be asked to confirm your age each time you place an order or make a booking through this Site.

 

COMMITTEE MEMBERSHIP REGISTRATION & SECURITY

• If you choose to register for a Committee Membership (“account”) with our Site, you must ensure that the information that you provide on registration or at any other time is correct, up to date and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal information in order that we can communicate with you effectively.
   
• Please note that your account is non-transferable.
   
• When you register to use the Site, you will be asked to create a password. You must keep this password secure and confidential and must not disclose it to, or share it with, anyone. If you know or suspect that someone else knows your password or is using your account, you should contact us at  admin@ardbeg.com immediately.
   
• If we have reason to believe that there has been or is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend or cancel your account and your access to and use of the Site without prior notice and without responsibility or liability to you.
   
• You can cancel your registration at any time by contacting us at admin@ardbeg.com

 

CANCELLING OR SUSPENDING YOUR USE OF THE SITE

• We may suspend or cancel your account (if applicable) and/or your right to access and use the Site immediately and without notice at any time if we believe you have breached the Terms and Conditions. The suspension or cancellation of your account (if applicable) and/or your right to use the Site shall not affect either party’s statutory rights or liabilities.

 

ACCESS TO THE SITE, CHANGES & UPDATES

• We shall endeavour to provide constant, uninterrupted access to the Site, but we cannot and do not guarantee to do so. Access to all or any part of the Site (including the Shop) may be restricted from time to time to allow for repairs, maintenance or updating. We may update, amend, suspend, withdraw, discontinue, or change all or any part of our Site and/or its content at any time and without notice.
   
• Whilst we take reasonable steps to ensure the accuracy of the content of the Site, unless otherwise stated, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it.

 

INTELLECTUAL PROPERTY NOTICE

• This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices, and links contained in it or linked to it (together "Content ") are protected by copyright, trademarks and other rights of intellectual property owned by us or licenced to us. Anyone accessing this Site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for commercial gain without our express written permission. Furthermore, any links to this Site must be notified to and approved by us before they are created, or steps are taken to create the same.

 

THIRD PARTY CONTENT AND LINKS

• We have no responsibility for content provided by third parties and are merely providing access to such content to you:
  • We have no obligation to verify the content of such information or to edit any such information provided by third parties; and
  • We have no control over such content and do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third-party details and you acknowledge that any reliance on such information will be at your own risk.
     
• Websites or pages to which this Site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses or damage whatsoever that may be incurred as a result of any linking to the same.

 

VIRUSES

• We do not guarantee that the Site or its server will be secure or free from bugs, errors, worms or viruses and we shall not be liable for any loss or damage you may suffer as a result of any such technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. You should therefore use your own virus protection software.
   
• You agree that you will not knowingly introduce to our Site any viruses, trojans, worms or other matter which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you could be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

 

LOCAL LAWS & REGULATIONS

• Our Site is hosted in the United Kingdom and complies with the laws of the United Kingdom.
   
• We do not represent that content available on or through our Site is appropriate or available in other jurisdictions. We may limit the availability of our Site, or any service or product described on our Site, to any person or geographic area at any time. This Site is not directed at persons in a jurisdiction where the Site’s publication or availability is prohibited for any reason and any person to whom such a prohibition applies must not access the Site. Those who access the Site do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws or regulations.
   
• Our Shop is directed to people residing in the United Kingdom and we only deliver to addresses within the Mainland United Kingdom and the Isle of Man. If you are based outside the United Kingdom or the Isle of Man, you may access our Site and place orders through our Shop for delivery to an address in the United Kingdom or the Isle of Man however you do so entirely at your own risk and you are responsible for compliance with applicable local laws or regulations. You may not access our Site or place orders through our Site where local law or regulations provide that it is unlawful for you to do so.

 

SECTION B: PRODUCT TERMS

INTRODUCTION

• The terms in this Section B ("Product Terms") apply to any order for products and related services (such as personalisation or gift wrapping), that you place via the Shop. You will be asked to confirm your acceptance of these Product Terms whenever you place an order.
   
• Some of the provisions contained in these Product Terms may be superseded or supplemented by additional terms and conditions or notices published elsewhere in the Shop. These will be drawn to your attention where they are applicable to you. In the event that there is any conflict between these Product Terms and any additional or supplemental terms on the Shop ("Additional Product Terms"), the Additional Product Terms shall prevail.

 

PLACING YOUR ORDER

• To place an order via the Shop, please follow the instructions on the Shop. You will be given the opportunity to check the details of your order and to amend any errors before you complete your order.
   
• Your order is an offer to MHUK to purchase the products and any related services (such as personalisation or gift-wrapping) in your order form and all orders are subject to acceptance by MHUK. MHUK is under no obligation to accept any order placed with us. When you place your order, we will send you an email confirming receipt of your order and the details of your order. This email is an acknowledgement that we have received your order and does not confirm acceptance of your order. MHUK only accepts your order, and the contract of sale for the products and any related services ordered by you ("Product Contract") is only concluded between you and MHUK when we send you an e-mail confirming that we have dispatched the product(s) you have ordered to you ("Product Dispatch Confirmation"). Once you press the ‘Pay Now’ button, you have given us permission to process your order as requested. We will take payment in full from you for your order when your products are dispatched save payment for Committee-only products. Payment for Committee-only products may be taken in advance of the dispatch of your products. The contract for the provision of nominated day deliveries will only be concluded when we send you the Product Dispatch Confirmation.
   
• We are under no obligation to accept any order placed with us.
   
• If MHUK is unable to supply you with one or more product(s) that you have ordered, we may contact you to inform you of the cancellation of your order in relation to such product(s). If your order is cancelled (partially or in full) and we have taken payment from you, we will refund you the full amount you have paid for the corresponding product(s) and related services, including any delivery costs (as the case may be) as soon as possible. If you choose to amend your order and we have taken payment from you, we will refund any monies due to you as a consequence of such amendment as soon as possible.
   
• Gifts:
  • We send our products in their original presentation boxes where the product has a presentation box, and this is in stock. Whether a product is usually provided in a presentation box and whether that box is in stock will be noted on the relevant product page.
     
  • You may be offered the option to gift wrap certain products. If this option is available, it will be notified to you and the applicable charges will be notified to you during the check-out process.
     
  • Please note that once you have selected a product and chosen to gift wrap that product, you will be unable to add additional quantities of the same product to your order without first adding the gift-wrapped product to your basket and then selecting additional products and adding these to your basket separately.
     
  • Gift messages can be added to an order free of charge for the order as a whole. Gift messages must comply with the personalised product requirements, please see the ‘Personalised Products Additional Terms’ below.
     
• Committee-only releases’ Productss:
  • We offer a number of rare products that may only be available to people who hold an account. This will be made clear on the relevant pages for such products with the message “Committee Release” or similar.
     
  • Committee-only products are often, although not exclusively, made to order and this will affect the delivery time that we can offer to you – we will make this clear to you at the time of ordering.
     
  • Payment for Committee-only products may be taken any time after you place your order however we will only accept your order for these products and the Contract for their provision will only be concluded when we send you the Product Dispatch Confirmation.
     
  • We may impose limits on the number of Committee-only products that can be purchased. Any such limits will be highlighted on the product page when adding the product to your basket. As a consequence, if repeated attempts to order such a product are made, we reserve the right to refuse to meet all or a portion of the orders placed, despite the orders being acknowledged. Should we refuse all or a portion of your order, we will notify you of the refusal and we will refund any monies taken from you within 3 working days. Please note that your bank may take longer to return the monies to you. In the event that we refuse a portion of your order, we will also ask you to confirm if you would like to proceed with the remaining portion of your order.
     
  • Please contact our Customer Care Advisors on +44 20 76 60 60 71 if you have any questions about Committee only products.
• Where we are unable to dispatch all the products in your order at the same time, we will contact you and give you the opportunity to cancel all or part of your order.
   
• You may also place orders for products that are available via the Shop from time to time by calling our Customer Care Advisors on the phone on +44 20 76 60 60 71. Orders placed by telephone will be subject to these Terms and Conditions.

 

AMENDMENTS TO PRODUCT ORDERS

• Product orders cannot be amended once placed. If you no longer want the products you have ordered you will need to cancel your order (as set out below).

 

PERSONALISED PRODUCTS ADDITIONAL TERMS

• We offer a number of products that may be personalised with a message or date of your choice. If you are ordering a personalised product or personalising your order with a gift message, the following terms will apply to your order:
  • Your personalised message must be no longer than the stated character limit for each product or gift message.
  • Your personalised message can only include Latin alphabetical letters, standard figures, and a selection of other special signs as available on a standard UK QWERTY keyboard.
  • Your personalised message must be personal/private in nature.
     
• Products that may be personalised will be identified on the relevant product or category page. Where applicable, you will also have the opportunity to personalise your order during the check-out process.
   
• We do not endorse and are not responsible for, the content of any personalised message generated by customers for use on our products or gift message.
   
• All personalised orders will be automatically reviewed by our Shop before being accepted to ensure that they comply with these Personalised Products Additional Terms. Should an error message appear during your attempt to personalise a message, please amend your message until the error message is no longer showing.
   
• If your message is accepted, allowing you to place an order, but upon further review by our personalisation team your message is considered to be in breach of these Personalised Products Additional Terms, we reserve the right (but are under no obligation) to reject your message and to refuse to proceed with the personalisation order. In this event, our Customer Care Advisors will use their reasonable efforts to contact you to discuss your order and the personalisation message. In the event that we are unable to reach you or, having been contacted by our Customer Care Advisors, you do not wish to amend your message, your order will be cancelled, and any monies paid by you in respect of the cancelled order will be refunded to you as soon as possible.
   
• In addition to the ability to add a gift message, we may offer different types of personalisation, which will be identified on the relevant product or category page. Where applicable, you will also have the opportunity to personalise your order during the check-out process.
   
• Gift messages are complimentary, but charges apply for the other types of personalisation which may vary by product. These charges will be shown on the relevant product page.
   
• For each type of personalisation, there are restrictions based on the size of the product and the format in which we are able to personalise. In any event, your personalised message must also not:
  • be illegal, detrimental, adversarial, profane, objectionable, defamatory, abusive, offensive, violent, racist, sexist, discriminatory in any way, vulgar, obscene, pornographic, related to religion or politics, unethical, impugning human dignity or integrity, threatening, against decency, shocking or disparaging or similar;
  • infringe a third party's rights (including intellectual property rights such as copyright or trademarks);
  • feature any trademark or commercial message;
  • feature any emoticons or images;
  • encourage excessive or irresponsible consumption of alcoholic beverages;
  • encourage under-age drinking;
  • suggest that consumption of alcohol transforms the consumer, makes them brighter, stronger, and helps them succeed socially or sexually;
  • present abstinence or moderation in a negative way;
  • suggest that one may consume alcohol before or while driving any vehicle or undertaking any activity that requires a certain degree of concentration to be executed safely;
  • give the impression that alcohol may prevent, treat or cure any human disease or psycho-physiological condition;
  • suggest engagement in any sport, physical activity or any potentially hazardous activity;
  • present the alcoholic content/strength (high or low) of the product as a positive element;
  • advertise or promote direct sale or offer of any product of any kind or nature;
  • be misleading, untrue or give false information as well as any comparison with any other entity brand or product; or
  • be for a commercial/advertising/corporate purpose (unless with our prior consent).
     
• You are solely responsible for the content of your personalised message (for example if the message infringes on someone else's rights).
   
• Subject to the liability provisions of our Terms and Conditions: (a) we cannot accept responsibility for your mistyping errors, i.e., spelling mistakes, made when submitting messages; and (b) you agree to compensate us for any losses or costs that may be reasonably and fairly incurred by us as a result of your breach of the above terms relating to the personalisation of messages on our products where the breach is your fault. Such compensation will not be required if your breach is due to our negligence or our breach. If you would like to personalise any of our products for commercial/advertising or corporate purposes, please contact us by emailing admin@ardbeg.com.
• You may not cancel an order for personalised products. However, we do provide refunds or exchanges where personalised products supplied are not of satisfactory quality or fit for purpose. If you have received a personalised product that is not of satisfactory quality or fit for purpose, please contact us at orders@help.ardbeg.com or by calling our Customer Care Advisors on +44 20 76 60 60 71.The other provisions set out in the Defective Products section below will apply, as the case may be.
   

 

PRODUCT DESCRIPTIONS

• The images of the products in our Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images. The packaging of the products may vary from that shown in images in our Shop.

 

PRODUCT PRICES

• All prices shown on our Shop are in Pounds (£) Sterling and are inclusive of VAT.  
   
• Our Shop contains a large number of products, and it is possible that, despite our best efforts, some of the products listed in our Shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. Where we discover that a product's correct price is less than the price stated in the Shop, we will charge you the lower amount and will refund the difference to you. If a product's correct price is higher than the price stated in our Shop, we will normally honour the stated price. However, where we feel that the pricing error was obvious, and could have reasonably been recognised by you as a mispricing, we may, at our discretion, contact you and ask you whether you wish to purchase the product at the correct price, failing which we reserve the right to cancel your order.
   
• Our prices do not include delivery charges. Where delivery charges apply, you will be advised during the check-out process and before you submit your order.
   
• Payment for products must be made by either using PayPal, an online-only payment system, or credit or debit card. Payments by PayPal will require you to have a PayPal account. For payments by credit or debit cards, we accept Amex, Mastercard or Visa. You can also pay by payment card (credit card, Visa and Master Card) via Apple Pay if you use a compatible IOS device. Payments are debited in Pounds (£) Sterling.

 

USE OF VOUCHER CODES

We may issue codes for special promotions that we are running in the Shop from time to time. Each promotion will have its own specific terms, however, the following terms will apply to all promotion voucher codes, unless the terms of the promotion expressly state otherwise:
• A promotion voucher code can only be used once, by a single user.
• A promotion voucher code must be used by the expiry date of the relevant promotion.
• A promotion voucher code cannot be used in conjunction with any other voucher code.
• A promotion voucher code cannot be exchanged for cash and cannot be used to purchase any product bundles or Experiences.
• A promotion voucher code cannot be sold, transferred, copied, reproduced or altered.
• We reserve the right to change the list of products excluded from the promotion (as the case may be) during the promotion duration.
• We reserve the right to change the terms and conditions of any promotion where circumstances beyond our control make this unavoidable.

 

DELIVERY OF PRODUCTS

• On completion of your order, you will receive a tracking number with your Product Dispatch Confirmation email. We will endeavour to fulfil your order within the delivery window set out in the Product Dispatch Confirmation, but all delivery dates and times are estimates only and are not guaranteed.
   
• All product deliveries must be signed for by an adult over the age of 18 years. A valid and current identification document (such as a passport or driving licence) will be required to be presented to our delivery provider on delivery. We are entitled to assume that anyone aged over 18 years at the delivery address who signs for the delivery has your authority to do so.

 

PRODUCT DELIVERY OPTIONS

• We offer a standard delivery option for products.
   
• Depending on the order, we may also propose other delivery options.
   
• You will be advised of the charges applicable to your choice of delivery during the check-out process and before you submit your order. Standard delivery is included on orders over the amount specified on the Shop, unless otherwise stated in the product description or during the order process, e.g., as part of a promotion or special offer.
   
• We normally deliver products between 8 a.m. and 6 p.m. Monday to Friday, unless by prior arrangement. We do not offer delivery on Saturdays, Sundays, or bank holidays, and we may have a reduced delivery schedule at various times of the year and during peak times, e.g., Christmas, we may have extended delivery dates.
   
• If you have ordered a Committee-only product, that product and any other products in your order will be delivered from the date the Committee-only product becomes available as stated on the Shop. If you require the other products you wish to order on an earlier date, please place a separate order for them.
   
• We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.

 

RECEIVING SMS, EMAIL & PRODUCT DELIVERY SLOT

• By providing us with your contact (email or phone number), you will be notified by the carrier before the delivery.

 

PRODUCT DELIVERY RESTRICTIONS AND EXCLUSIONS

• We only deliver products to addresses within the mainland United Kingdom and the Isle of Man. We are unable to deliver to Jersey, Guernsey, and Northern Ireland.

 

MISSED PRODUCT DELIVERY?

• If you are not in to receive the products, you should follow the links provided by the carrier (as the case may be) to re-arrange your delivery, visit our Contact Us page, or call our Customer Care Advisors on +44 20 76 60 60 71. If we do not hear from you within 7 days, we shall return the products to our warehouse and issue a refund within 30 days. We reserve the right to charge for re-delivery of orders that have not been completed due to incorrect address information being supplied by you or where you are not available to take receipt of the delivery.

 

RISK AND TITLE TO PRODUCTS

• Ownership of the products will pass to you when we receive full payment of all sums due in respect of the products. The products will be at your risk from the time you (or any third party identified to us by you other than the carrier) take physical possession of the products.

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PERSONAL USE

• You acknowledge that any products purchased from us are for your personal, domestic, and private use only (which may include their use as gifts for third parties). The products may not be resold or otherwise used for commercial or business purposes.
   
• If you are a corporate partner or would like to hear about corporate partner opportunities, please contact admin@ardbeg.com.

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YOUR RIGHT TO CANCEL A PRODUCT CONTACT

• You have the right to cancel a Product Contract within 14 days without giving any reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this section. This right to cancel does not apply in the case of personalised products ordered by you or sealed items if they have been opened by you.
   
• The cancellation period in respect of products ordered by you will expire after 14 days from the day on which you acquire, or a third party other than the carrier indicated to us by you acquires, physical possession of the products.
   
• To exercise your right to cancel, you must inform us of your decision to cancel the relevant Product Contract by a clear statement (e.g., a letter sent by post or by email). You can do this by contacting us on +44 20 76 60 60 71 or via email at orders@help.ardbeg.com. Please include details of your order to help us identify it. You may use the model cancellation form (but it is not obligatory for you to do so).
• To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

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EFFECTS OF CANCELLATION

• We ask you to return your goods in their original packaging, within 14 days of notification of cancellation (unless defective). Please ensure that you pack the products so that they reach us in a good condition bearing in mind that many of our products are fragile.
   
• You will need to obtain proof of postage receipt when sending your items to us. Proof of postage does not cost anything but without it, we may not be able to process your refund or replacement in the rare event your item is lost in transit.
   
• Please do not send your products back without letting us know first. We will provide you with a prepaid return label to be used for the return.
   
• Once we have received your items a member of the team will confirm via email and process your refund.
   
• The returned products will go through our quality control inspection process, and we may make a deduction from your reimbursement for any loss or reduction in the value of any products supplied to you if the loss or reduction is the result of unnecessary handling of the products by you. You are only liable for any diminished value of products resulting from the handling beyond what is reasonably necessary to establish the nature, characteristics and functioning of the products.
   
• We will make any reimbursement due to you (less any deductions) without undue delay and in any event not later than 14 days following receipt of the returned product for inspection. Reimbursement of the costs of delivery for partial cancellation will be at our sole discretion.
   
• We will make any reimbursement using the same means of payment as you used for the initial transaction. If you have paid by credit/debit card, the same card will be refunded. It is not possible to refund a different card. You will not incur any fees as a result of the reimbursement.

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DEFECTIVE PRODUCTS

• Following the expiry of your right to cancel (as described in the 'Your Right to Cancel' section of these Product Terms), we only offer refunds or exchanges where the products supplied are not of satisfactory quality, fit for purpose or do not comply with the order accepted by us. If you have received a product (including a personalised product or sealed product) that is not of satisfactory quality or fit for purpose or does not comply with your order, please contact our Customer Care Advisors as soon as possible. You can contact us at orders@help.ardbeg.com or on +44 20 76 60 60 71.
   
• For return, defective products must be in the same condition in which you received them, and securely packaged in the original packaging in which they were delivered to you. We will bear the cost of returning the defective products that are returned to us in accordance with the instructions given to you by our Customer Care Advisors.
   
• When products are inspected upon return, if we are satisfied that they are not of satisfactory quality or fit for purpose and/or do not comply with your order, we will refund the full price of the products, together with any delivery charges. We will process the refund due to you within 14 days following receipt of the returned product for inspection.
   
• Your legal rights regarding products which are faulty or misdescribed are not affected by your right of return and refund or any other provision of these Product Terms.

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MISSING, INCORRECT OR DAMAGED PRODUCTS

• Upon delivery of the products, it is your responsibility to immediately examine whether the content of the delivery matches your order and check the condition of the products. In case of any differences between the products themselves and the way they were described, missing products or physically damaged products, we will not be liable to you unless you have expressed there to the carrier during delivery, as well as report any and all such differences, missing products or damage in specific detail via an email to us within 14 days from the day the products are delivered to you. Please provide details of your order in your email to help us identify it, including images of the product or order damaged, the name of the missing or incorrect products and the order number.
   
• Please do not dispose of any of the products before further instructions are given to you by our Customer Care Advisors as we may provide you with a prepaid return label to be used for returning relevant products. Products must be unopened (where applicable), and otherwise in the same condition in which you received them, and securely packaged in the original packaging in which they were delivered to you.
   
• When products are inspected upon return, if we are satisfied that they are incorrect or damaged and/or do not comply with your order, we will refund the full price of the products, together with any delivery charges, as the case may be. We will process the refund due to you within 14 days.

 

SECTION C: EXPERIENCE TERMS

INTRODUCTION

• The terms in this Section C ("Experience Terms") apply to any bookings that you make through VISIT US to attend and/or participate in a ticketed event, tour, tasting, class, or other experience. These terms do not apply to bookings at Ardbeg House. Please refer to the following link for the Terms and Conditions applicable in relation to Ardbeg House:  www.ardbeg.com/en-gb/termsandconditionsardbeghouse
   
• Some of the provisions contained in these Experience Terms will be superseded or supplemented by additional terms and conditions or notices that will be drawn to your attention where they are applicable to you ("Additional Experience Terms"). In the event that there is any conflict between these Experience Terms and any Additional Experience Terms, the Additional Experience Terms will prevail.
   
• Bookings for experiences organised by MacDonald & Muir, which may be hosted at the MacDonald & Muir premises (for example, a tasting) or, which may be hosted by MacDonald & Muir at a designated Moët Hennessy area at a third-party event (for example a Moët Hennessy hospitality tent at a sporting or music event) ("Experiences") are purchased from and supplied by MacDonald & Muir subject to these Experience Terms and any additional Experience Terms notified to you at the time of booking.

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  BOOKING AN EXPERIENCE

  You must be at least 18 years of age to make a booking via the Site or by telephone via the Customer Care Advisors. You will be asked to confirm your age each time you make a booking.
   

  Save where otherwise stated, all attendees at Experiences must be aged 18 years or older and will be asked to produce valid and current photographic identification (together with their ticket for the Experience) before gaining admittance to and/or being able to participate in an Experience.
   

  ​​​​​​​To make a booking via the VISIT US page, please follow the instructions on the Site. You will be given the opportunity to check the details of your order and to amend any errors before you confirm your order.
   

  Your order is an offer to us to purchase the Experience(s) in your order form.
   

  Bookings are subject to acceptance by us. When you make your order for a booking, we will send you an e-mail confirming receipt of your order and the details of your order. This e-mail is an acknowledgement that your order has been received and does not confirm acceptance of your offer to buy the Experience(s) ordered. Your offer will only be accepted, and the contract of sale ("Experience Contract") of the Experience(s) is only concluded when we send you an e-mail confirming that your ticket(s) for the Experience have been dispatched by us ("Experience Dispatch Confirmation"). Payment will be taken by us shortly before the Dispatch Confirmation is sent.
   

  We are under no obligation to accept any order placed via the VISIT US page or the Customer Care Advisors.
   

  Attendance at or participation in certain Experiences may be subject to other requirements, e.g., age, medical, physical, height or weight requirements. Full details will be included with the Experience description on the Site. Please check the requirements for each Experience carefully before placing your order as you are responsible for ensuring that you (and those on whose behalf you are making a booking) meet the criteria for an Experience.
   

  You will require a valid passport to attend any Experience based outside the UK and may also require a visa. You are responsible for ensuring that you have the correct documentation (including valid identification documents, passports and/or visas) required to travel to the location of any Experience you book. You are also responsible for checking any required or recommended travel vaccinations or other required or recommenced health precautions.
   

  We may impose limits on the number of tickets or places that you can book for a particular Experience. Any such limits will be highlighted on the Experience page when you add tickets/places to your basket or when you are discussing the Experience with the Customer Care Advisors. As a consequence, if repeated attempts are made to book tickets or places for such Experiences, we reserve the right to refuse to meet all or a portion of the orders placed.
   

  If we are unable to accept your booking because we are unable to supply you with all the tickets/places you wish to or the precise type of ticket(s)/place(s) that you wish to book, we will contact you and give you the opportunity to cancel or amend your order. If you cancel your order and payment has been taken from you, we will refund you the full amount you have paid as soon as possible. If you choose to amend your order and payment has been taken from you, we will refund any monies due to you as a consequence of such amendment as soon as possible.
   

  The Customer Care Advisors are available on +44 20 76 60 60 71, Monday to Friday 8am to 8pm, excluding United Kingdom public holidays to answer questions about Experiences.

  You may also book tickets for any of the Experiences by calling the Customer Care Advisors on +44 20 76 60 60 71. Orders placed by telephone will be subject to these Experience Terms and any applicable Additional Terms.

  Once you have placed an order for an Experience, you cannot amend the order.

   

  EXPERIENCE PRICES

  All prices shown on our Site are in Pounds (£) Sterling and are inclusive of VAT.

  Please note, that the information and prices shown on our Site for an Experience may have changed by the time you come to book your Experience. Whilst every effort is made to ensure the accuracy of the Site, Experience descriptions and prices change, and errors do occasionally occur. You must therefore ensure you check all details of your chosen Experience (including the price) with us at the time of booking.

  All costs and expenses not expressly included within the price quoted on the Site or by Customer Care Advisors (including, by way of example, the cost of travel/cancellation insurance, the cost of travel to an Experience or accommodation costs at an Experience where accommodation is not included in the Experience) are your responsibility. Where they are not included within the price of the ticket, we recommend that you do not make any travel, accommodation, or other arrangements until you have received the Dispatch Confirmation from us.

  Payment for Experiences must be made by either using PayPal, an online-only payment system, or a credit or debit card. Payments by PayPal will require you to have a PayPal account. For payments by credit or debit cards, we accept Amex, Mastercard or Visa. Payments are debited in Pounds (£) Sterling.

  For most Experiences, your PayPal account, credit, or debit card will be charged shortly before the Dispatch Confirmation is sent though payment may be taken earlier if the date of the Experience is more than 15 days after the date on which you place your order.

   

  DELIVERY OF EXPERIENCE TICKETS 

  Please check your ticket(s) when you receive them to ensure that they are correct. If there are any problems with your ticket(s) or you have not received your ticket(s) 24 hours prior to the date of the Experience, please contact the Customer Care Advisors on +44 20 76 60 60 71.

   

  USE OF EXPERIENCE TICKETS 

  Tickets to Experiences are for sale to consumers and their guests only. Tickets to Experiences are personal revocable licences and remain the property of MacDonald & Muir at all times. Any ticket(s) re-sold or transferred for profit or commercial gain or obtained or used in breach of these Experience Terms will become voidable and the person seeking to use such a ticket may be refused entry to, or ejected from, the Experience without refund (and may also be subject to legal action).

  In many instances (as will be indicated at the time of booking), tickets can only be used by named individuals and identity checks may be in place at the Experience.

  It is your responsibility to ensure that you (and your guests) meet the published criteria for attendance at or participation in an Experience and are able to attend the Experience you have booked. We accept no responsibility if you (or any additional attendees for whom you have booked) are unable to attend an Experience (save where this is due to our breach of these Experience Terms or our negligence). At our discretion, we may, however, allow you to transfer a booking for an Experience to another person meeting all the booking criteria for the Experience – please call us to discuss this option.

   

  CANCELLATION OF EXPERIENCES 

  The right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013 does not apply to bookings for Experiences. Once you have booked an Experience, you cannot cancel your booking save where permitted by these Experience Terms.

  We will only refund money received from you for an Experience using the same method originally used by you to pay for your purchase. If you have paid by credit/debit card, the same card will be refunded. It is not possible to refund a different card.

  Where an Experience includes travel, we strongly recommend that you and any other individuals on whose behalf you are booking an Experience take out travel insurance at the time of booking to protect you from unforeseen circumstances.

   

  ADDITIONAL TERMS FOR THE RESPECTIVE EXPERIENCE

  Further conditions and requirements may be incorporated into and apply to the Contract between us and you for an Experience from the venue operator or other persons involved in the organisation of the Experience (for example, admission requirements for specific venues). Any such further conditions and requirements will be drawn to your attention where they are applicable to you. For example, they may be shown at the time of booking, on the ticket itself or be displayed at the venue or other premises used for the Experience.

  We, our representatives, sub-contractors and any applicable venue operator, reserve the right to refuse you entry to and/or eject you from an Experience in reasonable circumstances, including: (a) if you behave in a manner which has affected or is likely to affect the enjoyment of other persons at the Experience; (b) if you (in our, our representatives or sub-contractors and/or the venue operator's reasonable opinion) behave in a threatening, dangerous, abusive, insulting or otherwise inappropriate manner (this includes behaviours such as being under the influence of illegal drugs or causing a nuisance); (c) for health and safety or licensing reasons; (d) if you refuse to comply with security searches at the Experience; and/or (e) if you breach these Experience Terms or the Terms and Conditions. No refunds will be given where you are refused entry or ejected due to your own behaviour or your breach of these Experience Terms or the Terms and Conditions.

  We, our representatives, sub-contractors, and any applicable venue operator reserve the right to conduct security searches and confiscate any item which (in our, our representatives, our sub-contractors and/or the venue operator's opinion) may cause danger or disruption to other people at the Experience.

  Unless we expressly allow otherwise, you cannot use any equipment for recording or transmitting any audio, visual and/or audio-visual material at an Experience. You should not bring any such equipment to the Experience and we, our representatives, sub-contractors, and the venue operator reserve the right to confiscate any such equipment and any unauthorised recordings made using such equipment. Any recording made of any part of an Experience in breach of these Experience Terms will belong to us and you agree to assign any and all rights in any such recordings to us. Notwithstanding anything else in these Experience Terms, we will not be responsible for any loss, theft, or damage to confiscated items.

  There are no smoking or illegal substances allowed within venues or Experience areas.

  Strictly no containers holding wine or other alcoholic beverages can be removed from an Experience without our express approval.

  You must keep valuables with you at all times whilst at an Experience.

  You must comply with all instructions given to you in whatever form by us or Experience staff.

   

  SECTION D: GENERAL TERMS & CONDITIONS

  OUR LIABILITY

  • We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • ​​​​​​​Use of, or inability to use, our Site.
    • Use of or reliance on any content displayed on our Site other than, in the case of MacDonald & Muir, where the content forms a term of an Experience Contract, or in the case of MHUK, where the content forms a term of a Product Contract.

  • MHUK is under a legal duty to supply products that are in conformity with your Product Contract. MHUK warrants to you that any product purchased from it through the Shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. All other warranties (whether express or implied) are excluded to the fullest extent permissible by law.

  • MacDonald & Muir is under a legal duty to supply Experiences that are in conformity with our contract with you. We warrant that any Experience will be provided with reasonable skill and care. All other warranties (whether express or implied) are excluded to the fullest extent permissible by law.
     
  • We will be responsible for loss or damage you suffer which is a foreseeable consequence of our breach of these Terms and Conditions or our negligence but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach of these Terms and Conditions or if the loss or damage could be contemplated by you and us at the time your order was accepted.
     
  • We shall have no liability (whether in contract, tort, negligence, breach of statutory duty or otherwise) for any indirect, consequential, or special loss (including, without limitation, loss of business, loss of business opportunity, business interruption, loss of goodwill and loss of reputation) or loss of profits.
     
  • MHUK’s maximum liability for losses or damages you suffer as a result of our breach of these Terms and Conditions in relation to any Product Contract is limited to the purchase price of the product(s) you purchased.
     
  • MacDonald & Muir’s maximum liability for losses or damages you suffer as a result of our breach of these Terms and Conditions in respect of any Experience is limited to the price you have paid for that Experience.
     
  • Nothing in these Terms and Conditions excludes or limits in any way our liability:
    • for death or personal injury caused by our negligence;
    • defective goods under the Consumer Protection Act 1987;
    • for fraud or fraudulent misrepresentation; or
    • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including in the case of MHUK liability under section 31 of the Consumer Rights Act 2015.
       
  • Nothing in these Terms and Conditions shall affect your legal rights. For information about your legal rights, contact your local Citizens Advice Bureau or visit the Citizens Advice website at  www.citizensadvice.org.uk
     

  ​​​​​​​

  EVENTS OUTSIDE OUR CONTROL

  • We will not be liable for delay in performing, or failure to perform, if such delay or failure results from events, circumstances or causes beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or another natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

   

  • If an event beyond our reasonable control takes place that affects the performance of our obligations under a Product Contract and/or an Experience Contract:
    • we will contact you as soon as reasonably possible to notify you;
    • Our obligations under that Product Contract and/or Experience Contract will be suspended and the time for performance of its obligations will be extended for the duration of the event. Where the event affects our delivery of products to you, MHUK will arrange a new delivery date with you after the event is over; and
       
  • We cannot perform our obligations under a Product Contract and/or Experience Contract affected by an event beyond its reasonable control, you may choose to cancel that Contract. To cancel please contact us at orders@help.ardbeg.com or call our Customer Care Advisors on +44 20 76 60 60 71. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.

  ​​​​​​​

  TRANSFER OF RIGHTS AND OBLIGATIONS

  • Any Product Contract or Experience Contract between you and us is binding on you and us (as applicable) and on our respective successors and assigns. MacDonald & Muir or MHUK (as applicable) may transfer, assign, charge, sub-contract or otherwise dispose of your contract or any of its rights or obligations arising under it, at any time during the term of the order, provided your legal rights and your consumer rights are not prejudiced. This will not affect your rights or obligations under these Terms and Conditions.
     
  • You may not transfer, assign, charge, sub-contract or otherwise dispose of the order, or any of your rights or obligations arising under it, unless we agree in writing.

  ​​​​​​​

  RESOLVING DISPUTES

  • We want to address any concerns you may have without needing a formal legal case. Before filing a claim against us, if you have a dispute with us, relating to our contract with you, you may contact us at admin@ardbeg.com and attempt to resolve the dispute with us informally. You can also write to us at FAO: Ardbeg, The Cube, 45 Leith Street, Edinburgh, EH1 3AT.
     
  • If a dispute cannot be resolved informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration, based on the nature of the dispute.
     
  • You or we will also always have the option of resolving the dispute using court action (please see the Law and Jurisdiction section below for more detail).

  ​​​​​​​

  SEVERABILITY & WAIVER

  • Each of the provisions of these Terms and Conditions operates separately. If any provision or part-provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such provision or part-provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
     
  • No waiver by us of any breach of these Terms shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

  ​​​​​​​

  ENTIRE AGREEMENT

  • These Terms and Conditions and any Product Contract or Experience Contract concluded between you and us are not intended to give rights to anyone except you and us and no other person shall have any rights to enforce any of these Terms and Conditions.
     
  • These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Product Contract or Experience Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
     
  • We each acknowledge that, in entering into a Product Contract or Experience Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms and Conditions or any document expressly referred to in them. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Product Contract or Experience Contract.

  ​​​​​​​

  OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

  • We have the right to revise and amend these Terms and Conditions from time to time for any reason, including (a) how our business operates; (b) changes in legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you.
     
  • You will be subject to the Terms and Conditions in force at the time that you order products or book an Experience (as applicable) unless any change to these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders and/or previously placed by you).

   

  OTHER SERVICES AND SPECIAL OFFERS

  • From time to time we may offer other services, special offers, discounts, and promotions together with services not specifically referred to in these Terms and Conditions. Such matters shall be subject, in addition to these Terms and Conditions, to specific terms and conditions relating to such matters. By taking the service or special offers, discounts, or promotions you agree to be bound by and comply with such additional terms and conditions.

  ​​​​​​​

  LAW AND JURISDICTION

  • These Terms and Conditions and any Experience Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law and shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
     
  • Subject to the paragraph below, the Product Terms and any Product Contracts and any dispute or claim arising out of or in connection with a Product Contract or formation (including non-contractual disputes or claims) will be governed by English law.
     
  • If you are a consumer resident in Scotland, you will benefit from any mandatory provisions of Scottish law. Nothing in these Terms and Conditions, including the paragraph above, affects your rights as a consumer to rely on the mandatory provisions of such local laws.
     
  • Any dispute or claim arising out of or in connection with any Product Contracts or formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England. If you are a consumer resident in Scotland, you may also bring proceedings in Scotland.

   

  CONTACT

  • If you have any questions about your order, please get in touch with the fulfilment partner who is handling all your orders.
     
  • The Customer Care Advisors are available at orders@help.ardbeg.com or on +44 207 660 60 69.
     
  • For all other enquiries related to Ardbeg, booking tours, the Old Kiln Café or the Seaview Cottage, you can check out our Visit Us page, or use the Contact Us form to get in touch with our team directly.
     
  • We welcome your feedback and comments about the Site.

   

  UK MODERN SLAVERY ACT STATEMENT

  • This statement is made pursuant to Section 54 of the Modern Slavery Act 2015 and sets out the steps Moët Hennessy UK Limited (MHUK), as well as MacDonald & Muir have taken during the financial year ending 31 December 2020 to ensure that slavery, servitude, forced or compulsory labour, and human trafficking (collectively, "Modern Slavery") is not taking place in any part of its business or in its supply chains.  Click here to view the full statement.
     

   

  MODEL CANCELLATION FORM

  To the attention of Ardbeg

  • By post: Customer Service: The Cube, 45 Leith Street, Edinburgh, EH1 3AT
  • By email: admin@ardbeg.com
     

  I hereby notify you of my withdrawal from the contract for the sale of the goods below:

  • Order number:
  • Delivery received on:
  • Products and reference of the products concerned:
  • Name:
  • Address and postcode:


Signature of the consumer (signature required if this cancellation form is sent on paper):

Date: