Terms & conditions
Terms and conditions
Last updated: 06.10.2017
- 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.
· Section B of these Terms and Conditions contains the additional terms that apply to any orders for products and related services that you place through the Shop ("Product Terms").
· Section C of these Terms and Conditions 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.
- 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 also applies to you.
ABOUT this site
- The Site is provided for personal, non-commercial use. The Site provides users with details about Ardbeg products and events and gives you the opportunity to purchase certain Ardbeg products and provides you with links to sites on which you may book tickets for you and for third party for ticketed events and experiences. You may browse the Site and purchase products without the need to register for an account. There is also the option to register for an account. Please see the section below headed "Committee Membership, Registration and Security" for more details about registering for an account.
- You must be at least 18 years of age to use the Site, to register for an account and/or to place orders via the Site. If you are underage, please do not attempt to use the Site, register for an account or place orders 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 through the Shop.
COMMITTEE MEMBERSHIP REGISTRATION & SECURITY
- If you choose to register for a Committee Membership (“account”) with the 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 for an account 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 firstname.lastname@example.org immediately.
- If we have reason to believe that there has been or is likely to be a breach of security or misuse of your account, 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 account at any time by contacting us at email@example.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 your or our 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.
- Please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. Whilst we take reasonable steps to ensure the accuracy of the information accessed via this 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 licensed 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.
- 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 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 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 would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use 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. If you choose to access our site from outside the United Kingdom, you do so at your own risk. You must be resident in the United Kingdom to order products through the Shop.
- 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.
SECTION B: PRODUCT TERMS
- 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 with MHUK 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 on 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 PRODUCT 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 confirm 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. When you place your order, we will send you an e-mail 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"). We will take payment in full from you for your order when your products are dispatched save for pre-orders or nominated day deliveries for which payment may be taken in advance of the dispatch of your products.
- MHUK is under no obligation to accept any order placed with it.
- If MHUK is unable to supply you with a product that you have ordered, we will contact you and give you the opportunity to cancel or amend your order. If you cancel your order and we have taken payment from you, we will refund you the full amount you have paid including any delivery costs 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.
- 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 checkout 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 cards can be added to an order free of charge either per product ordered or for the order as a whole. Gift messages must comply with the personalised product requirements below.
- Please contract our Customer Care Advisors on 0207 887 2844 if you have any queries about gift wrapping or gift cards.
- Committee-only releases’ Products:
- 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 the provision of them 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 0207 887 2844 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 or to amend 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 0207 887 2844, Monday to Friday 8am to 8pm, excluding UK public holidays. Orders placed by telephone will be subject to these Terms and Conditions.
AMENDMENTS TO product ORDERS
- Product orders can only be amended whilst the order status is stated to be ‘Ordered’. Whilst the order status is ’Ordered’ amendments can be made by emailing us at firstname.lastname@example.org or by calling our Customer Care Advisors on 0207 887 2844. Once the order status shows as ‘Out for Delivery’, a product order cannot be amended and if you no longer want the products you have ordered you will need to cancel your order (as set out below). Please note orders for personalised products cannot be amended.
- Although we will do our best to accommodate amendments to orders, we cannot guarantee that we will be able to meet your requirements within the original delivery date. Any revised delivery date will be notified to you when we agree the amendments to your order.
- We offer a number of products that may be personalised with a message or date of your choice and/or a gift card. If you are ordering a personalised product or personalising your product with a gift card, 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 card.
- 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 (i.e. not a commercial or business message).
- 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 checkout process.
- We do not endorse any personalised message generated by customers for use on our products or gift cards.
- 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 our 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 card messages, we may offer two types of personalisation:
- Engraving; and
- Hot Stamping.
- Gift card messages are complimentary but charges apply for each other type of personalisation which may vary by product. These charges will be shown on the relevant product page if applicable.
- For each type of personalisation, there are restrictions based on the size of the bottle 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, 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 and 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 him/her brighter, stronger, and helps him/her succeed socially or sexually;
- present abstinence or moderation in a negative way;
- suggest that one may consume alcohol before or while driving a vehicle whatever it is, or have 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 a given psycho-physiologic 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 a business, stores or retail premises of any kind or nature as well as any 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 written consent).
- You are solely responsible for the content of your personalised message (for example if the message infringes 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 a commercial/advertising or corporate purpose, please contact us by emailing email@example.com.
- During peak times e.g. Christmas, we have extended delivery dates for personalised products if you require your personalised product urgently, please call our Customer Care Advisors to discuss your requirements.
- 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 firstname.lastname@example.org or by calling our Customer Care Advisors on 0207 887 2844. The other provisions set out in the Defective Products section below will apply, as the case may be.
- Product images 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.
- 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 oi 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 mis-pricing, 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 of during the check-out process and before you submit your order.
- Payment for products must be made by credit or debit card. We accept payment with Amex, Mastercard or Visa. Payments are debited in Pounds (£) Sterling.
DELIVERY OF PRODUCTS
- We will endeavour to fulfil your order by the delivery date set out in the Product Dispatch Confirmation, but all delivery dates and times are estimates only. Subject to any rescheduling by you (see below), if your products are not delivered on the correct day, we will refund your delivery charges.
- All product deliveries must be signed for by an adult over the age of 18 years. A valid and current identification document (such as 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 5 types of delivery service for products:
- Tomorrow before 10:30 am
- Nominated Day
- You will be advised of the charges applicable to your choice of delivery during the check-out process and before you submit your order.
- We normally deliver products between 8am and 6pm Monday to Saturday, unless by prior arrangement.
- For Tomorrow, Tomorrow before 10:30 am and Saturday delivery, orders must be placed before 2pm of the preceding day. Please note, that orders placed on a Friday after 2pm, using the Tomorrow, Tomorrow before 10:30am and Saturday service will not be delivered until the following Tuesday, or the following Wednesday if the Monday is a bank holiday.
RECEIVING SMS & PRODUCT DELIVERY SLOT
- By providing us with your mobile number during the checkout process, you will receive a SMS the evening before delivery from our delivery partner confirming when your product delivery is due. If the date is not suitable, follow the instructions in the SMS to rearrange delivery or to see what other options are available to you.
- On the morning of your delivery you will receive another SMS advising your delivery window. If the delivery window is not suitable, follow the instructions in the SMS to rearrange delivery or to see what other options are available to you.
PRODUCT DELIVERY RESTRICTIONS AND EXCLUSIONS
- Please note that deliveries to the following postcodes will only be offered a Nominated Day delivery for product deliveries (of which the first available date will be 5 days from the date of order): AB26, AB30-AB56, BT, DD9-DD10, FK8, FK17-FK21, HS, IV1-IV56, KA27-KA28, KW1-KW15, PA20 -PA78, PH3-PH50, PO30-PO36, TD15, TR21-TR25 and ZE. Please contact us for more details.
- We only deliver products to addresses within mainland UK, the Isle of Man and Northern Ireland. We are unable to deliver to Jersey or Guernsey
- We do not offer delivery on Sunday or bank holidays, and we may have a reduced delivery schedule at various times of the year, e.g. Christmas.
MISSED PRODUCT DELIVERY?
- If you are not in to receive the products, you should follow the links in the SMS to re-arrange your delivery, visit our Contact Us page, or call our Customer Care Advisors on 0207 887 2844. 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 a third party identified to us by you other than the carrier) take physical possession of the products.
- You acknowledge that this Shop is for sales to consumers only and any products purchased are for your personal, domestic and private use only (which may include their use as gifts for third parties).
- If you are a corporate partner or would like to hear about corporate partner opportunities, please contact email@example.com.
YOUR RIGHT TO CANCEL A PRODUCT CONTRACT
- 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.
- 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 and indicated to us by you acquires, physical possession of the products.
- To exercise the right to cancel, you must inform MHUK of your decision to cancel the relevant Product Contract by a clear statement (e.g. by letter sent by post or email). You can do this by writing to Ardbeg, The Cube, 45 Leith Street, Edinburgh, EH1 3AT or by telephone on 0207 887 2844 or via email at firstname.lastname@example.org. 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.
EFFECTS OF CANCELLATION
If you have cancelled a Product Contract and you have already received the products, you will need to contact our Customer Care Advisors on 0207 887 2844. We will arrange for the products you wish to return to be collected from you on a date agreed between you and our Customer Care Advisors. Unless we agree otherwise, the collection date must be within 14 days from the day on which you notify us of the cancellation of the Product Contract. 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.
- If you cancel a Product Contract in full, we will reimburse to you all payments received from you, including the costs of delivery.
- For partial cancellation of a Product Contract, we will reimburse to you the payments received for the returned products. Reimbursement of the costs of delivery will be at our sole discretion.
- 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 value of any products supplied to you if the loss or reduction is the result of unnecessary handling of the products by you (for example, if you have handled the products in a way which would not be permitted in a shop). 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 after the day on which we are informed about your decision to cancel the Product Contract.
- We will make any reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. If you have paid by credit/debit card, the same card will be refunded. It is not possible to refund to a different card. You will not incur any fees as a result of the reimbursement.
- Following 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) that is not of satisfactory quality or fit for purpose or does not comply with your order, please contact us at email@example.com or by calling our Customer Care Advisors on 0207 887 2844. We may arrange to collect the relevant products free of charge from the address to which they were delivered at an agreed date. Products must be un-opened (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. 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.
- If you are seeking to exchange a defective product for another product, we will process the exchange as soon as reasonably practicable, and, the replacement product will be subject to these Product Terms. Where the replacement product is of a lesser value than the exchanged product, we will process any refund due to you within 14 days of the day you have given notice of your desire to exchange the defective product for another product and upon receipt of the returned products.
- Your legal rights regarding products which are faulty or mis-described are not affected by your right of return and refund or any other provision of these Product Terms.
SECTION C: GENERAL TERMS AND CONDITIONS
- Neither MacDonald & Muir or MHUK will be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach or statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use or, or inability to use, the Site, or
- Use of or reliance on any content displayed on the Site other than, 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.
- MacDonald & Muir and/or MHUK (as applicable)will be responsible for loss or damage you suffer which is a foreseeable consequence of its breach of these Terms and Conditions or its negligence, but 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, in the case of orders for products, if the loss or damage could be contemplated by you and MHUK at the time your order was accepted.
- 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.
- The Site is provided for private non-commercial use only. You agree not to use the Site for any commercial, trade or business purposes, and neither MacDonald & Muir and/or MHUK will have liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Nothing in these Terms and Conditions excludes or limits in any way MacDonald & Muir's and/or MHUK's liability:
- for death or personal injury caused by its 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 MacDonald & Muir and/or MHUK to exclude, or attempt to exclude, liability, including in the case of MHUK liability under section 31 of the Consumer Rights Act 2015.
- Nothing in these Conditions will affect your legal rights. For information about your legal rights, contact your local Citizens Advice Bureau or visit the Citizens Advice website.
EVENTS OUTSIDE OUR CONTROL
- Neither MacDonald & Muir or MHUK will be liable for delay in performing, or failure to perform, if such delay or failure results from events, circumstances or causes beyond its reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an event beyond the reasonable control of MHUK takes place that affects the performance of its obligations under a Product Contract:
- we will contact you as soon as reasonably possible to notify you;
- MHUK's obligations under that Product 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
- if MHUK cannot perform its obligations under a Product Contract affected by an event beyond its reasonable control, you may choose to cancel that Contract. To cancel please contact us at firstname.lastname@example.org or call our Customer Care Advisors on 0207 887 2844. 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 between you and MHUK is binding on you and MHUK and on our respective successors and assigns. MHUK 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 and 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.
- We want to address any concerns you may have without needing a formal legal case. Before filing a claim against MacDonald & Muir or MHUK, if you have a dispute with us, you may contact us at email@example.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.
- If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
- 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).
- Each of the provision 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 MacDonald & Muir and/or MHUK of any breach of these Terms shall constitute a waiver of any other breach. No failure by MacDonald & Muir and/or MHUK to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
- These Terms and Conditions and any Product Contract are not intended to give rights to anyone except you and MacDonald & Muir and/or MHUK (as applicable) 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 MacDonald & Muir and/or MHUK and you and supersede any prior agreement, understanding or arrangement between MacDonald & Muir and/or MHUK and you, whether oral or in writing.
- You acknowledge that, in entering into a Product Contract, you have not relied on any representation, undertaking or promise given by MacDonald & Muir and/or MHUK or that may be implied from anything said or written in negotiations prior to such Product Contract except as expressly stated in these Terms and Conditions or any document expressly referred to in them. MacDonald & Muir and/or MHUK 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.
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, 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
- Subject to the paragraph below, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter (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.
- The Product Terms and any Product Contracts and any dispute or claim arising out of or in connection with a Product Contract (including non-contractual disputes or claims) will be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England.
- Notwithstanding anything in these Terms and Conditions:
- if you are a consumer resident in Scotland, you will benefit from any mandatory provisions of Scottish law and may also bring proceedings in Scotland;
- If you are a consumer resident in Northern Ireland, you will benefit from any mandatory provisions of Northern Irish law and may also bring proceedings in Northern Ireland.
- if you are a consumer based in England or Wales you will be benefit from the mandatory provisions of English law and may also bring proceedings in England or Wales; and
- Email us at firstname.lastname@example.org.
- Call our Customer Care Advisors on 0207 887 2844.
- We welcome your feedback and comments about the Site and enquiries about the products available through the Site.
- If you have any questions about our products which you have purchased from a third party supplier, please contact the relevant third party supplier as we will be unable to deal with your enquiry.