TERMS AND CONDITIONS OF SALE
LAST UPDATED May 21, 2020
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.themacallan.com (“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 refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Orders for delivery in USA
Last updated April 6, 2020
Welcome to the Thirstie service owned by Thirstie, Inc. ("Company", "we" or "us"). You may have entered the service through The Macallan website (the Thirstie service and foregoing sites are collectively hereinafter the “Site”).
Legal Drinking Age: By using the Site, you represent and warrant that you are over 21 years of age if you’re located in the United States and of legal drinking age if you’re outside of the United States and that you will provide photo identification upon delivery to verify your age and ability and consequent legal capacity to consume alcohol. You hereby represent and warrant to the Company and its agents that all information provided by you to the Site and the Retailer (as defined herein) will be true, complete and accurate in all respects. You understand and agree that any Retailer may refuse to complete any transaction for any reason, including, without limitation, the Retailer's belief that inadequate or invalid identification is being provided, or that the person placing the order is already inebriated, presents a danger to himself or herself or others, or has in any way misrepresented any fact to the Retailer or the Company.
Orders: The Site provides a market service, and a market service only for a retailer (the "Retailer"), which will be a licensed off-premise retailer in the case of an order involving alcohol products, through which all orders and purchases are processed. At time of purchase, your credit card will be charged by Thirstie, for the direct benefit of the Retailer.
If the person placing the order is not (i) available at the time of delivery to accept delivery, (ii) cannot provide a current, valid, government issued photo identification confirming that such person is a minimum of 21 for customers located in the United States and of legal drinking age if outside the United States and (iii) cannot meet the requirements of the Retailer or third party common carrier making the delivery, the Retailer will not render services. All products will be cleared from the order and returned to the Retailer, and a restocking fee to be consistent with the Retailers policies (the “Restocking Fee”) will be charged to the User's credit card account. No refunds will be issued under this circumstance.
If the products ordered are to be delivered to a person other than the customer placing the order, the customer placing such order, by placing such order, represents and warrants that both the customer and the recipient/receiver are each at least twenty-one (21) years of age in the United States and of legal drinking age if outside the United States at the time of order and delivery, respectively, and shall have available legal identification evidencing such age at the time of delivery. Any breach of this representation and warranty shall result in the termination of the order, and the charging of a non-refundable Restocking Fee to the customer.
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
Delivery: Delivery is the sole responsibility of the Retailer or Retailers. Thirstie is not responsible for delivery of orders. The Retailer or Retailers will make reasonable efforts to complete the User's order in one delivery, but please note large orders may have to be completed in multiple deliveries. If you experience any problems with your delivery, please contact Thirstie’s Customer Support via the Customer Support Contact information provided below under Questions.
Authorized Use of Site: The Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of Company.
No Ideas Accepted: We do not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
Pricing: While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information (including, without limitation, common carrier charges or determinations and assessments of sales tax), we or the Retailer shall have the right, at our sole but individual respective discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at either our discretion or the discretion of the retailer, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Third Party Links: The Site may contain links to other websites not maintained by us. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services. The existence of a link between the Site and any other website is not and shall not be understood to be an endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website.
No Warranties: THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE AND THE PRODUCTS DISPLAYED ON THE SITE. YOU SHALL LOOK SOLELY TO THE MANUFACTURER OR DISTRIBUTOR OF THE PRODUCTS FOR ANY SUCH WARRANTIES OR INSTRUCTIONS. THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT THE WE SHALL NOT BE BOUND BY ANY SUCH ERRORS.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE OUR TOTAL LIABILITY IN THE AGGREGATE FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
American Arbitration Association
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Return Policy: GENERALLY, WE DO NOT ACCEPT ANY RETURNS OR EXCHANGES, AND DO NOT PROVIDE ANY REFUNDS.
We may consider returns or exchanges on a case by case basis if your product has been damaged during delivery through no fault of your own. If you would like us to consider a possible return or exchange, please contact us at the Customer Support Contact (as defined in the Questions section herein). You may be required to provide a valid picture of the damaged product to the Retailer and follow any additional instructions or requests from the retailer. If a return or exchange is granted, the retailer will refund a return or offer a product in exchange for the damaged product. Thirstie’s customer support team will assistant you with your communications with the retailer.
THIRSTIE DOES NOT GUARANTEE THAT A MERCHANT WILL AGREE TO ACCEPT A RETURN OR EXCHANGE.
Orders for delivery to countries outside of the USA:
INFORMATION ABOUT US:
shop.themacallan.com is a site operated on behalf of THE MACALLAN by Mail Marketing (UK) Limited (“MM”). We are registered in Scotland under company number SC171868 and with our registered office at 42 Methil Street, Glasgow, Scotland G14 0SZ
No goods are offered for sale at this site to any person who is below legal drinking age in the country in which he or she is resident or any person resident in a country where such sale would be contrary to local law. By placing an order through our site you warrant that you are of a lawful age. If you are buying Products as a gift, the recipient must also be of a lawful age. 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.
HOW THE CONTRACT IS FORMED BETWEEN US?
After placing an order, you will receive an e-mail from MM acknowledging that your order has been received by them. 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.
As a consumer, you may cancel a Contract at any time within fourteen working days of the day you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with the refunds policy set out below. If your order has already been despatched at the time of cancellation, you will not be entitled to a refund of the delivery cost. To cancel a Contract, you must inform MM in writing. You must also return the Product(s) to MM immediately, in the same condition and packaging in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, MM may have a right of action against you for compensation.
PAYMENT AND ORDER PROCESS
You can pay for Products purchased from our online shop by using any of the following cards: Visa, MasterCard, Maestro, Visa Debit or through your PayPal account. You must give MM authority for payment at the time of order. There are several mandatory fields which you must complete to enable MM to process your order and allow MM to contact you should they need to discuss your order. Please complete all fields carefully and accurately. All card holders are subject to validation checks and authorisation by the card issuer. MM 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 MM will not be liable for any delay or non-delivery.
All payment and credit card information is processed directly via the secure payment gateway PayPal and not entered on The Macallan systems. Due to the high value of this whisky, you may be contacted by email [email protected] and asked to confirm your identity.
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.
SALES TAX/IMPORT DUTIES
The sales tax applicable to your order will depend on a number of factors which will be established at the point of placing your order. These include the following:
- The type of goods ordered (rates may differ);
- Where the goods are to be delivered to e.g. UK, EU, outside EU.
You are responsible for paying any import or similar duties which may be levied on the export or import of the goods ordered by you. The goods purchased by you will be despatched to you by the method of delivery indicated within 30 days of the date of your order.
AVAILABILITY OF PRODUCTS
MM will inform you of the non-availability of any goods ordered by you within 30 days of the date of your order, and where your order cannot be fulfilled you will receive a full refund within 30 days of the date of your order. We will fully refund to your payment card the price (including sales taxes and delivery costs) of any goods returned to us within 30 days of their receipt by us.
DELIVERY INSTRUCTIONS AND ADVICE
Deliveries are made during business hours on Monday to Friday; to ensure prompt delivery someone must be present to sign for the parcel. If no-one is available to sign for the parcel, our delivery company will leave a contact card with instructions for customer to call their local depot. If the customer does not then call their local depot, the parcel is returned to us after a week – the cost of which will be passed on to the customer. If the parcel is returned to us and you do not wish us to re-send it, only the cost of the product minus the initial delivery charge and the return charge will be refunded. To re-send the parcel will incur a further delivery charge. Please contact the local depot / post office as soon as a card is received to re-arrange delivery or collection. The courier appointed is non-negotiable.
The countries that MM are able to ship the Products to currently are: Belgium, Bulgaria Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the UK and the Channel Islands.
RETURNS, REFUNDS AND REPLACEMENTS
If you wish to return Products which are not faulty, please contact us on: [[email protected]themacallan.com] with details of your order within 14 days of delivery of the Products. Any returned products must be returned to MM in good condition, with all packaging intact.
Upon receipt, please carefully inspect all Products upon receipt. The courier must be informed of breakages or shortages at the time of delivery. MM may not (at their sole discretion) 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, provided that notification of damage or fault is received within 3 working days of receipt of the Products.
All refunds and reimbursements will be arranged within 30 days of MM’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. The cost and risk of returning the product is the responsibility of the customer and a proof of delivery service must be used. If your order has already been despatched at the time of cancellation, you will not be entitled to a refund of the delivery cost.
Where a replacement item is not available, due to it being discontinued or the original item being a "One Off," MM will reimburse customers for the full cost of the item and any shipping costs. No additional compensation will be paid.
In the event of a return, you as the customer will be sent a shipping label which will require to be printed and attached to the Product. You will have to be available for a set time in order for the courier to collect this item.
PRICES, AVAILABILITY AND PROMOTIONS
The prices payable for the Products that you order are clearly set out on this site. All prices are quoted inclusive of any UK VAT payable unless otherwise stated. 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 beyond our control MM are unable to supply a particular Product you will be notified as soon as possible.
We warrant to you that any Product purchased from MM through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. MM and The Macallan’s liability for any losses suffered as a result of MM breaching its contract with you is limited to the purchase price of the Product you purchased. Neither MM nor The Macallan are 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).
USE OF YOUR PERSONAL DATA
If MM 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 MM 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 MM of any default shall not constitute a waiver of any subsequent default. No waiver by MM 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.
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.
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 MM notify you of the change to those policies or these terms and conditions before MM send you the Despatch Confirmation.
GOVERNING LAW AND JURISDICTION
Contracts for the purchase of Products through our site 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 Scots law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.