TERMS & CONDITIONS

These terms

These are the terms and conditions on which, we supply our Packages to you. Please read these terms carefully before you submit your Order to us.  These terms tell you who we are, how we will provide products to you, what to do if there is a problem, and other important information. 

Information about us and how to contact us

We are Durham Distillery Limited [Durham Gin Limited], a company registered in England and Wales.  Our company registration number is 08399999 and our registered office is at High Carr House, High Carr Road, Durham, DH1 5AT United Kingdom (Durham Distillery).

You can contact us by telephoning our customer service team on +447508351771 or by writing to us at info@durhamdistillery.com or the company registered address.

1.                 definitions and interpretation

1.1               In these terms and conditions the following terms shall have the following meanings:

Contract

means the contract for the purchase and sale of the Package, as explained in Clause 3;

Package

means the package that Durham Distillery makes available for sale through this Website and purchased by you comprising the goods and other items listed in the Package Particulars on the front page of these terms and conditions;

Package Particulars

means the details of the particular Package purchased by you from Durham Distillery, the details of which are set out on page 1 of these terms and conditions;

Premises

means our place of business located at Unit 2f and 2g, Riverside Industrial Estate, Langley Park, Durham, England, DH7 9TT;

Website

means the website that you are currently using (www.durhamdistillery.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;

1.2               When we use the terms “writing” or “written” in these terms, this include emails.

1.3               When we use the terms “we/us/our” in this document, we mean Durham Distillery as identified above.

1.4               When we use the terms you/your we mean, you, the person who has purchased the Package.

2.                 Age Restrictions

We will not sell goods containing alcohol to anyone who isn’t 18 years old or over.  By placing an order you confirm that you are at least 18 years old.   You must not place an order for alcohol if you are under 18.

3.                 the CONTRACT

3.1               No part of our Website constitutes a contractual offer capable of acceptance.  Further, 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.  Our acceptance is indicated by us sending you an order confirmation email.

3.2               A legally binding contract between us and you will be created upon our acceptance of your order, indicated by our order confirmation email.   The Contract comprises your order (once accepted) and these terms and conditions.  All orders are subject to your acceptance of these terms and conditions.

3.3               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:

3.3.1          confirmation of the Package ordered including the main characteristics of the Package;

3.3.2          our identity and contact details (set out above);

3.3.3          fully itemised pricing for the Package ordered including, where appropriate, taxes, duty, delivery and other additional charges;

3.3.4          estimated delivery date;

3.3.5          our complaints handling policy;

3.3.6          we shall ensure that you are aware of our legal duty to supply goods that are in conformity with the Contract.

4.                 Packages

4.1               The goods to be supplied under this Contract as part of your Package will be ‘en primeur’ that is consisting of bottles of spirits from amongst the first casks of such spirits distilled and bottled by us at Durham Distillery.

5.                 Providing the packages and delivery

5.1               We shall ensure that delivery of the goods is accompanied by a delivery note which shows the date of the dispatch from the Distillery, all relevant reference numbers and the type and quantity of the goods.

5.2               We shall deliver the goods to the location set out in the Order or such other location as you notify to us in writing from time to time (Delivery Location). It is very important that you inform us of any changes in your delivery details from the date of purchase of the Package to the delivery of the goods.  You can do this by contacting us at the address, email address or telephone number set out above.

5.3               We shall use all reasonable efforts to deliver the goods to you as soon as possible following the production date.  Alternatively you may arrange to collect the goods from our Premises during our working hours.

5.4               If no one is available at your address to take delivery, the courier will leave you a note informing you of how to rearrange delivery or collect the goods.

5.5               If you do not collect the goods from us as arranged, or if after two (2) failed delivery attempts to you, you do not re-arrange delivery or collect it from a delivery depot, we will return the goods to our Premises and attempt to contact you by email or telephone to organise delivery.  In these circumstances, we may charge you for storage costs and any further delivery costs. 

5.6               If we are unable to contact you to arrange delivery within ninety (90) days of the goods being returned to our Premises, we shall be entitled to dispose of undelivered goods as we see fit.  We will hold any sale proceeds on your behalf after the deduction of sale costs and storage costs which may have been incurred as a result of the disposal.   

5.7               If the supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. If there is a risk of substantial delay we may, at our discretion, (i) refund the Package price; or (ii) deliver an alternative like product to you.  

5.8               You shall have the risk of damage to the goods when you take physical possession of the goods. However, please see clause 10 ‘faulty, damaged or incorrect goods’ if there are problems with the goods.

6.                 storage and insurance

6.1               Some Packages include storage at our Premises until the goods reach the level of maturity specified in the Package Particulars.  Where we undertake to effect storage on your behalf, we will insure your goods under our group insurance policy.  The Package price will incorporate the cost of such insurance.

7.                 OUR rights to make changes

7.1               We may change the product:

7.1.1          to reflect changes in relevant laws and regulatory requirements such as laws relating to the production of alcohol or weights and measures legislation; and

7.1.2          to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.

8.                 YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

8.1               Cancellation of Order:

8.1.1          you may cancel an order, within 14 days from the day on which we issue an order confirmation email;

8.1.2          you must notify us in writing of your intention to cancel within the 14 day term set out in clause 8.1.1. We will confirm your cancellation in writing; and

8.1.3          if you cancel an order under clause 8.1.1 and you have paid the Package price we will refund the Package price to you. 

8.2               Due to the nature of the goods supplied, orders may only be cancelled within the 14 day period set out in clause 8.1. We regret that orders cannot be cancelled after this time.

9.                 your rights as a consumer

9.1               As a consumer, you have legal rights in relation to the goods including where it is faulty or not as described. This includes your statutory right to return faulty, damaged or incorrect goods within 30 calendar days of their receipt by you. Please see clause 10 for further details regarding what to do if you receive faulty, damaged or incorrect goods.

9.2               Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms and conditions will affect these legal rights. 

10.               Faulty, Damaged or Incorrect Goods

10.1            If goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the goods have been damaged and notify us immediately.  Do not hand the goods back to the courier.  Please make goods available for our collection or return them as agreed with us.  We will account for the reasonable costs of return.

10.2            You are required to make a thorough inspection of the goods within 30 calendar days of receipt.  If you find that the goods supplied have faults or are incorrect you should contact us immediately, (and in any event within 30 calendar days of receipt) to arrange collection and return. Goods must be returned in their original condition (bottle seal unopened) with all packaging and documentation. The packaging does not need to be unopened.  Please   contact us to arrange collection and/or return.  We will account for the reasonable costs of return.

10.3            Upon notification of the damage and receipt of the damaged goods in accordance with clauses 10.1 and 10.2, we may, at our discretion and subject to availability, replace the damaged goods.  If no replacement is available, we may substitute the damaged goods for like goods of equivalent value at that date, or refund the Package price where appropriate.

10.4            Where agreed, refunds will be issued no later than 14 calendar days after receipt of the returned goods and will include standard delivery charges.  Additional costs such as express delivery and gift-wrapping cannot be refunded.

10.5            Provided they have been stored correctly (please see clause 10.6 below), the goods will maintain their quality. For this reason, it is only in very unusual circumstances that we would expect to discover any defects with the product outside of the time frame specified in clause 10.2.  If such circumstances arise and following our own inspection we are satisfied that the goods are indeed defective through no fault or action of yourself, we will seek to remedy this by replacing the bottle. If this is impossible, we will replace the goods with a like product to the value of the goods at the date of production, or refund the Package price.    

10.6            Please note that the goods should be stored out of direct sunlight and away from heat or naked flames, such storage may void your right to a refund or replacement.

11.               PRICE AND PAYMENT

11.1            The Package price shall be as set out in the Package Particulars and shall be paid upon placing your order.  We will dispatch to you an Investment Certificate on receipt of cleared payment of the Package price. 

11.2            Unless, stated otherwise the Package price is inclusive of the cost of bottling the goods and, provided that the Delivery Location is within the United Kingdom, the costs and charges of packaging, any applicable taxes and duty, and delivery of the goods.

11.3            We use third party payment gateways (Secure Trading, Stripe and Paypal), to process payment and we accept payment with Mastercard, Visa and American Express. Your credit/debit card will be charged at the point of purchase.  We do not hold customer card details.

12.               SPECIAL OFFERS

12.1            Depending on the Package that you have purchased you may be entitled to a discount of 10% in the Distillery shop or a discount of 25% on a tour of the Distillery, please see the Package Particulars for information about what is included in your Package.

13.               responsibility for loss or damage suffered by you

13.1            If we fail to comply with these terms and conditions, we will be responsible for loss or damage suffered by you that is a foreseeable result of our breach of the terms and conditions or our failure to use reasonable care and skill. But, subject to clause 13.4, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and us at the time of entry into this Contract.

13.2            We supply the goods under this contract for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purpose.

13.3            Subject to clause 13.4, we have no liability to you for any consequential loss, any indirect loss or for loss of profit, loss of business, business interruption, or loss of business opportunity.

13.4            We do not exclude or limit in any way our liability for:

13.4.1       death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

13.4.2       fraud or fraudulent misrepresentation;

13.4.3       breach of your legal rights as a consumer where defective products are supplied; or

13.4.4       anything which cannot be excluded or limited by applicable law.

14.               HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1            We will use the personal information you provide:

14.1.1       to provide the goods to you and perform our obligations under the Contract;

14.1.2       to process the payment of the Package price; and

14.1.3       to inform you about similar products or services that we provide (provided you agree to us providing this information to you).  Note that you may choose to stop receiving these communications at any time by contacting us stating that you no longer wish to receive such communications.

14.2            We will not share your personal data to any other third party for marketing purposes without your prior written consent. 

15.               other important terms

15.1            Assignment and subcontracting. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract without our prior written consent.

15.2            Notices. If you have any questions or complaints, you should contact us by telephoning +447508351771 or by e-mail at info@durhamdistillery.com. If you wish to contact us in writing, or if any clause in these terms and conditions requires you to give us notice in writing, this should be sent to us by e-mail, by hand, or by pre-paid post using the our contact details above. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address provided to us in the Order.

15.3             Severance. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. If any invalid, unenforceable or illegal clause of the Contract would be valid, enforceable and legal if some part of it were deleted, the clause shall apply with the minimum modification necessary to make it legal, valid and enforceable.

15.4            Waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.5            Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.

15.6            Variation. Except as set out in these terms and conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by us.

15.7            Governing law and jurisdiction. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions.

 

Durham Distillery
February 2018