Terms And Conditions Of Sale
Last Updated 9th April 2019
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 shop.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.
Information About Us:
shop.themacallan.com is a site operated on behalf of THE MACALLAN by Mail Marketing (UK) Limited (“we”). 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. 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, Germany, Greece, Hungary, Ireland, 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]] 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.
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.
Limited Editions And Ballots
For ballot sales and certain limited editions consumers will only be eligible to buy a maximum number of bottles per person, per order or per household. The Macallan 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.
In particular for ballot sales, only one ballot entry per person will be accepted, and the personal data provided when registering for the ballot will be used to verify that you are not registering to buy more than (one) 1 bottle. As part of your participation in this ballot, you have indicated that you accept your personal data being transferred to third parties. These parties may be based in the United States. We only make these arrangements or transfers of personal data where we are satisfied that adequate levels of protection are in place to protect information by a third party. You hereby understand and consent to the transfer of personal information to these countries and parties.
If your entry is successful drawn in the ballot, you will receive a unique link or token to purchase the product which can only be used once.
Any token you receive as part of a purchase is non-transferable and can only be used by the individual it has been sent to using the personal data provided when registering for the ballot. Any purchase found to have been used by any other person will be cancelled and refunded. Any charges that result from breaking the terms and conditions and cancellation of order are the responsibility of the individual. The unique link will not be reinstated.
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.