Terms & Conditions - Website
This agreement applies as between you, the User of this Website and The Lakes Distillery Company plc, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 5-9 and 15-25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 2, 3, 4, and 10 – 14 apply only to the sale of Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Contract” means the contract for the purchase and sale of Goods, as explained in Clause 13;
“Goods” means any products that The Lakes Distillery Company plc advertises and / or makes available for sale through this Website;
“Service” means collectively any online facilities, tools, services or information that The Lakes Distillery Company plc makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Premises” Means Our place(s) of business located at 1st Floor, Grandstand Garage, Kenton Road, Gosforth NE3 4NB, United Kingdom;
“System” means any online communications infrastructure that The Lakes Distillery Company plc The Lakes Distillery Company plc makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by The Lakes Distillery Company plc and acting in the course of their employment;
“Website” means the website that you are currently using (www.lakesdistillery.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“We/Us/Our” means The Lakes Distillery Company plc, a company registered in England under 07769363 of 1st Floor, Grandstand Garage, Kenton Road, Gosforth NE3, 4NB, United Kingdom.
1. Age Restrictions
1.1 You must be of legal drinking age in your country of residence to use this website. In the UK, customers must be at least 18 years old to purchase alcohol, and the person at the point of delivery must also be over 18 years old. Evidence of age may be required on delivery. It is an offence for anyone who is under 18 years to purchase alcohol, and it is also an offence for anyone 18 years old or over to purchase alcohol for someone under 18.
2. Business Customers
2.1 These Terms and Conditions also apply to customers buying Goods from this website in the course of business. If Goods are purchased in the course of business, We are not liable for any loss to revenue, profits, savings or goodwill (whether direct or indirect).
3. Discounts and Offers
3.1 Only one discount code/offer can be used at any given time and minimum order spend will usually apply. Complimentary delivery is available to UK mainland only.
Online offers and access to products are subject to availability at all times.
4. International Customers
4.1 We do not ship Goods internationally outside of the United Kingdom, and the Website will prevent shipment to international markets.
4.2 If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply. For an order outside of the UK, additional shipping charges will apply. We will contact you with a quote after placing your order.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content, trademarks, service marks and logos including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software on the Website are the property of The Lakes Distillery Company plc, Our affiliates or other relevant third parties. Customers have no Intellectual Property Rights for any marks or property on the website including Our products and Our logos, regardless of whether We own the IP or they are licensed by a third party. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Lakes Distillery Company plc or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7.2 Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.lakesdistillery.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at firstname.lastname@example.org or by telephone to (+44) 017687 88850.
8. Use of Communications Facilities
8.1 When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content that is intended to promote or incite violence;
8.1.4 It is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
8.1.6 You must not impersonate other people, particularly employees and representatives of The Lakes Distillery Company plc or Our affiliates; and
8.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
8.2 You acknowledge that The Lakes Distillery Company plc reserves the right to monitor any and all communications made to Us or using Our System.
8.3 You acknowledge that The Lakes Distillery Company plc may retain copies of any and all communications made to Us or using Our System.
8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
9.1 In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information where permission may be required; and
9.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying Us of the unauthorised nature of the purchase, We recommend that you contact your bank or payment provider.
9.4 When choosing your login details you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
9.5 Either The Lakes Distillery Company plc or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
9.6 If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
9.7 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
9.8 If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
9.9 If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.
10. The Contract
10.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
10.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
10.3 No part of this Website constitutes a contractual offer capable of acceptance. A legally binding contract between Us and you will be created upon Our acceptance of your Order. Our acceptance is indicated by Us sending to you an Order Confirmation by email.
10.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
10.4.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
10.4.2 Our identity and contact details (set out above in Clause 1);
10.4.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
10.4.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
10.4.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
10.4.6 We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract.
10.4.7 Where applicable, details of after-sales services and commercial guarantees;
10.4.8 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
10.4.9 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.
10.5 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
10.6 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.
10.7 The risk in the Goods shall remain with Us until they come into your physical possession.
11. Goods, Pricing and Availability
11.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to Clause 17 for incorrect Goods.
11.2 Where appropriate, you may be required to select the required number of the Goods that you are purchasing.
11.3 We neither represent nor warrant that Goods will be available. Stock indications are not provided on the Website.
11.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
11.5 In the event that prices are changed during the period between an order being placed for Goods and Us processing that order and taking payment, the price shall be that displayed during the checkout process prior to payment.
11.6 All prices on the Website include VAT and duty (where applicable). The Lakes Distillery Company plc's VAT number is 122 6122 61.
12. Description and Specification of Goods
12.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on our Website and in Our online sales and marketing literature and written descriptions provided by Our salespeople. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process or differences in the colour reproduction of electronic displays.
12.2 If you receive any Goods that do not conform to your order, please refer to Clause 13.
12.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 17. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
12.4 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
13. Faulty, Damaged or Incorrect Goods
13.1 The Lakes Distillery Company plc aims to always provide high quality Goods that are fault free and undamaged. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods or fail to take delivery of the goods, please contact Us as soon as reasonably possible to inform Us of the missing item/s fault, damage or error, within 30 days of expected delivery date, to arrange for a refund or replacement.
13.2 To return Goods in accordance with this Clause, you should email Customer Services team on email@example.com or contact us on 017687 88850 for further instructions.
13.3 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above.
13.4 If Goods are damaged in transit and the damage is apparent on delivery, you should refuse delivery, or sign any applicable delivery note to the effect that the Goods have been damaged. To return the damaged Goods, please contact Us within 30 calendar days to arrange collection and return.
13.5 If any Goods you have purchased have faults when they are delivered to you, you should contact Us within 30 calendar days to arrange collection and return.
13.6 We usually request photographic evidence of damaged or faulty goods (this does not affect your Consumer Right to reject them). We will bear any associated costs with a replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods. We are fully responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. The external transit packaging does not need to be unopened. Refunds will be issued on Our receipt of the returned Goods and in any event no later than 14 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
13.7 Nothing in the Terms shall limit the customer’s rights as a consumer (where applicable).
14. Returning Goods If You Change Your Mind
14.1 If you are a consumer based within the United Kingdom, and you are not satisfied with any Goods purchased from Us you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 18. This Clause 18 does not apply to Goods that are not in compliance with the Contract and your legal rights. For such Goods, please refer to Clause 17. This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you. If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment. If you change your mind about the goods within this period, please inform Us within 14 calendar days of receipt. Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods. You are responsible for paying return shipment costs if Goods are returned for this reason. Refunds will be issued on receipt of the returned Goods and in any event no later than 14 calendar days after you inform Us that you wish to cancel under this provision and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
14.2 The Lakes Distillery Company plc may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances:
14.2.1 Goods made to your specifications or that have been personalised;
14.2.2 Goods which are liable to deteriorate or expire rapidly;
14.2.3 Goods which are sealed for health or hygiene reasons that have been unsealed after delivery;
14.2.4 Goods which are, after delivery, according to their nature, inseparably mixed with other items;
14.2.5 Goods consisting of audio or video recordings or computer software (including games) in sealed packaging where the seal has been broken after delivery.
14.2.6 Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop). Please note that opening packaging does not prevent you from returning Goods unless the Goods fall under sub-Clauses 18.2.3 or 18.2.5 and in any event does not include the opening of delivery packaging, only the packaging of the product itself.
14.3 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
16. Personal Information
16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”).
16.2 We may use your personal information to:
16.2.1 Provide Our Goods and services to you;
16.2.2 Process your payment for the Goods; and
16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
16.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by GDPR and should use and hold your personal information accordingly.
16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
17.5 Whilst We use all reasonable endeavours to ensure that the Website content is free of errors or mistakes, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any loss or damage incurred as result of the customers’ use of any website content.
18. Changes to the Service and these Terms and Conditions
18.1 We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any future orders.
19. Availability of the Website
19.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts The Lakes Distillery Company plc's liability for death or personal injury resulting from any negligence or fraud on the part of The Lakes Distillery Company plc.
20.3 Nothing in these Terms and Conditions excludes or restricts The Lakes Distillery Company plc's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
21.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
22.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
23.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Lakes Distillery Company plc.
24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 You must opt in to receive communications from us, and We may from time to time send you information about Our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.
25. Law and Jurisdiction
25.1 These Terms and Conditions and the relationship between you and The Lakes Distillery Company plc shall be governed by and construed in accordance with the Law of England and Wales and The Lakes Distillery Company plc and you agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.
The Lakes Distillery Company plc