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Terms And Conditions Of Sale - Malaysia

LAST UPDATED 19th November 2019.

This page (together with the documents referred to on it) explains the terms and conditions on which we supply any of the products (“Products”) listed on our website themacallan.com/en-my/shop (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you decline to accept these terms and conditions, you will not be able to order any Products from our site.

Edrington Singapore reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and we will notify you of such revision. Your continued access to and/or use of our site following such notification shall constitute your agreement to be bound by these terms and conditions.

INFORMATION ABOUT US:

Themacallan.com/en-my is a site operated by Edrington Singapore. We are registered in Singapore under company number 201201699G and with our registered office at Edrington Singapore Pte Ltd 80 Robinson Road #02-00, Singapore 068898.

Edrington Asia Pacific office is located at 12 Marina View, Asia Square Tower 2, Level 24-01, Singapore 018961.

Edrington (M) SDN BHD is located at 16-02, Vertical Business Suite, Bangsar South, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia

AGE RESTRICTION

No goods are offered for sale at this site to any person who is below 21 years old. By placing an order through our site you warrant that you are of a lawful age and non-Muslim. If you are buying Products as a gift, the recipient must also be of a lawful age and non-Muslim. This is the responsibility of the purchaser. If our couriers are in any doubt about the age of the recipient on delivery, they may request some form of ID for verification.

HOW THE CONTRACT IS FORMED BETWEEN US?

After placing an order, you will receive an e-mail from Edrington Singapore that your order has been received.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the “Despatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Despatch Confirmation. The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

CANCELLATION RIGHTS

Cancellation by buyer:

Orders can only be cancelled within 12 hours upon order confirmation. If you wish to cancel, please write in to [email protected] with your order number.

Orders cannot be cancelled after it has been shipped or after receiving the goods.

Cancellation by Seller:

Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Edrington Singapore, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

  • the Products under the Customer Contract being unavailable for any reason;
  • the Customer being in breach of an obligation under the Customer Contract;
  • the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
  • the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
  • the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

PAYMENT TERMS

You can pay for Products purchased from our online shop by using any of the following cards: Visa and MasterCard. You are required to give Edrington Singapore authority for payment at the time of order.  There are several mandatory fields which you must complete to enable Edrington Singapore to process your order and allow an appointed representative to contact you should they need to discuss your order. Please complete all fields accurately. All card holders are subject to validation checks and authorisation by the card issuer.  Edrington Singapore will not deliver any Products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, your order cannot be accepted and Edrington Singapore will not be liable for any delay or non-delivery.

All payment and credit card information is processed directly via the secure payment gateway Stripe. Due to the high value of whisky, you may be contacted by an appointed representative via email and asked to confirm your identity.

ORDER PROCESS

Edrington Singapore’s reservation of rights in respect of Orders: All Orders shall be subject to Edrington Singapore’s acceptance in its sole discretion and each Order accepted by Edrington Singapore (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Edrington Singapore accepting your Order, Edrington Singapore shall not be party to any legally binding agreements or promises made between Edrington Singapore and you for the sale or other dealings with the Product(s) and accordingly Edrington Singapore shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Edrington Singapore reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.

Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Buy Now” button. Edrington Singapore will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Edrington Singapore, Edrington Singapore shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

PRODUCT LISTING

The main characteristics of the goods sold through this site are set out on the pages picturing them. Every effort has been made to display the colours of the goods as accurately as possible. However, because the colour you see will depend on your monitor we cannot guarantee that the colours of the goods purchased by you will be the same as the colours shown on your monitor. Should your order be accepted, the price applicable to goods ordered by you shall be that shown on the site at the point at which your order is placed. The period for which this price is valid is limited and can only be guaranteed for orders placed that day unless a longer period is stated specifically in the description given.

AVAILABILITY OF PRODUCTS

All goods offered are subject to availability. Whilst we continually monitor our inventory to ensure the accuracy of information on our website, there may be occasions when certain products sell out or are no longer available.

DELIVERY INSTRUCTIONS AND ADVICE

Deliveries are made during business hours on Monday to Friday between 9am – 6pm only. Deliveries are not available during weekends and public holidays; to ensure prompt delivery, someone above 21 years old and non-Muslim must be present to sign for the parcel.  

Our appointed delivery partner is YCH Logistics (Malaysia) Sdn Bhd (“our delivery agent”).

You acknowledge that delivery of the Products is subject to availability of the Products. Our delivery agent will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on our site is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, an appointed representative will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available. YCH Logistics (Malaysia) Sdn Bhd (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.

Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform us at [email protected] within 3 working days immediately from such projected delivery date, Edrington Singapore will try, to the best of their ability, to locate and deliver the Product. If Edrington Singapore is not notified within 3 working days from such projected delivery date, you shall be deemed to have received the Product.

DELIVERY TIMINGS

Edrington shall use all reasonable efforts to deliver confirmed orders within 7 working days.

We currently ship to Klang Valley only. Complimentary shipping for orders above RM600.

SHIPPING ZONES AND RATES
REGION COVERED RATES
KUALA LUMPUR SETIA ALAM / PORT KLANG / PUNCAK ALAM / TELUK PANGLIMA GARANG RM40 FOR ORDERS BELOW RM600
SELANGOR GOMBAK / BATU CAVES / WANGSA MAJU / RAWANG / SUNGAI BULOH
PUTRAJAYA KAJANG / SEMENYIH / BANGI / PUTRAJAYA / CYBERJAYA


You will not be able to make any changes to the delivery timing once you have confirmed your availability with our delivery agent.

RETURNS, REFUNDS AND REPLACEMENTS

Upon receipt, please carefully inspect all Products. The courier must be informed of breakages or shortages at the time of delivery. Edrington Singapore will not accept any claims for breakages or shortages unless they are stated on the courier’s documentation.  Photographic evidence is required by the carrier company if an item has been damaged during transit.

A refund or replacement will be provided for any Products which are damaged or faulty upon receipt, no refunds will be allowed after the product is being delivered and received. All refunds are conditional upon our acceptance of a valid return of the Product. We do not offer refunds for bottles that have already been opened.

All refunds and reimbursements will be processed within 30 days after Edrington Singapore’s acceptance to do so and after the safe receipt of the returned goods. Any Product returned must be within its original packaging, contain the relevant paperwork and be adequately packed to avoid any possible damage.

In the event of a wrong amount refunded, please write in to [email protected] and provide proof of transaction and order number.

Where a replacement item is not available, due to it being discontinued or the original item being a "One Off," Edrington Singapore will reimburse customers for the full cost of the item and any shipping costs. No additional compensation will be paid.  

Subject to applicable law, we reserve the right to modify the mechanism of processing refunds at any time without notice.

PRICES, AVAILABILITY AND PROMOTIONS

The prices payable for the Products that you order are clearly set out on this site. The price of the products may not include the delivery charge which will be charged at the rates applicable at the date you place your order. Prices, promotions and specifications can change without notice and Products are subject to availability. If for any reason, Edrington Singapore is unable to supply a particular Product you will be notified as soon as possible.

Termination by Edrington Singapore in the event of pricing error: Edrington Singapore reserves the right to terminate the Contract, in the event that a Product has been mispriced on our site, in which event Edrington Singapore will notify you of such cancellation in writing. Edrington Singapore shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.

The price of the Products payable by a Customer shall be the price at the time at which the order placed by the Customer is transmitted to Edrington Singapore (through our site).

PROMO CODES AND VOUCHERS

Each Promo Code has its own terms attached to it, which will be notified to you upon issuance including the type of products it covers, whether it is applicable for single or multiple use, and any applicable timing restrictions.

Promo Codes are unique to you and strictly non-transferable. To prevent abuse please do not post it on social media or share it with another person. If there is any misuse of a Promo Code, for instance, through a sale or disclosure to others, we reserve the right to cancel your Promo Code and/or suspend or close your account without further notice to you.

We also reserve the right to cancel, modify or suspend promo codes if there is any reason for us to suspect any fraud, tampering, technical error or other similar circumstance that is beyond our control.

LIMITED EDITIONS

For certain limited editions, consumers will only be eligible to buy a maximum number of bottles per person or per order. Edrington Singapore reserve the right to cancel orders if subsequent verification identifies that a consumer has bought more than the maximum number of bottles available for purchase by one person.

To the maximum extent permitted by law, any sale of a limited edition item will be at Edrington Singapore’s sole and absolute discretion. Inquiries on limited editions will be attended to on a first come first served basis, and Edrington Singapore reserves the right to add an interested buyer to a waitlist if a particular limited edition is out of stock.

OUR LIABILITY

We warrant to you that any Product purchased from Edrington Singapore through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.  Edrington Singapore’s liability for any losses suffered as a result of Edrington Singapore breaching its contract with you is limited to the purchase price of the Product you purchased.  Edrington Singapore is not responsible for indirect losses which happen as a side effect of the main loss or damage (including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings). Notwithstanding anything contained in these terms and conditions, any exclusions and limitations in these terms and conditions shall only apply to the maximum extent permitted by law.

INTELLECTUAL PROPERTY

Unless the prior written consent of Edrington Singapore has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.

USE OF YOUR PERSONAL DATA

Please refer to our separate privacy policy (“Privacy Policy”) which informs you how your personal information will be used.  

WAIVER

If Edrington Singapore fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if Edrington Singapore fail to exercise any of the rights or remedies to which they are entitled under a contract with you or any of these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Edrington Singapore of any default shall not constitute a waiver of any subsequent default. No waiver by Edrington Singapore of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them constitute the entire agreement between us relating to the subject matter of any Contract and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions. Nothing in this clause shall limit or exclude any liability for fraud.

Severability

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time to reflect, amongst other things, changes in market conditions affecting our business, changes in technology or systems used, changes in payment methods, changes in relevant laws and regulatory requirements. You will be subject to the policies and terms and conditions in force at the time that you order Products, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Edrington Singapore notify you of the change to those policies or these terms and conditions before Edrington Singapore sends you the Despatch Confirmation.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by the laws of Malaysia. Each party irrevocably submits to the exclusive jurisdiction of the Asian International Arbitration Centre for all disputes arising out of or in connection with the present contract, including any question relating to its existence, validity or termination.