Shop Terms and Conditions

LIABILITY

Whilst every effort has been taken to ensure that the information provided on this website is correct at the time of writing it is not possible to provide any guarantee of accuracy. Mail Marketing (UK) does not accept responsibility or liability to any person for loss or damage suffered as a consequence of their placing reliance upon the information. You should make appropriate queries and satisfy yourself before placing any reliance upon or taking any action on such information. By so placing reliance or taking action you accept that you do so at your own risk.

SHOP

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 https://shop.oldpulteney.com/ and https://old-pulteney.myshopify.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

https://shop.oldpulteney.com/ and https://old-pulteney.myshopify.com/ is a site operated 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.

AGE RESTRICTION

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 AND YOU

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. 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.

CONSUMER RIGHTS

If you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below). To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us 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, we may have a right of action against you for compensation.

PAYMENT AND ORDER PROCESS

You can pay for Products purchased from the https://shop.oldpulteney.com/ and https://old-pulteney.myshopify.com/ by using any of the following cards: Visa, MasterCard, Maestro, Visa Debit and American Express. You can also pay via your PayPal account. You must give us authority for payment at the time of order. We do not accept payment by cheque. There are several mandatory fields which you must complete to enable us to process your order and allow us to contact you should we 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. We will not deliver any Products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, we cannot accept your order, and will not be liable for any delay or non-delivery.

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 we accept your order 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 we can only guarantee this price to you 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 we will establish 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. We will notify you of acceptance of your order by email. The contract for our sale and your purchase of the goods shall be made at the place from which our despatch confirmation email is sent to you, when the email is so sent. Prior to such time there is no legal agreement in place. 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. We will inform you of the non-availability of any goods ordered by you within 30 days of the date of your order and will refund your credit card the full amount paid in respect of such goods within 30 days of your order. You may withdraw from any agreement for the purchase of goods by posting or otherwise dispatching the goods to the return address indicated on them within 14 working days of their receipt by you. We will fully refund to your credit card the price (including sales taxes and delivery costs) of any goods so returned to us within 30 days of their receipt by us. All payment and credit card information is processed directly via the secure payment gateway Shopify Payments and not entered on The Old Pulteney Shopify Platform. Due to the high value of some of the products, you may be contacted by email (oldpulteney@mailmarkuk.com) and asked to confirm your identity.

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 by Mail Marketing UK is non-negotiable.

The whiskies/spirits sold on the Old Pulteney Online Shop are currently available for shipping to the following countries: U.K.

RETURNS, REFUNDS & REPLACEMENTS

If you wish to return Products which are not faulty, please contact us on oldpulteney@mailmarkuk.com with details of your order within 7 days of delivery of the goods. Please ensure all products are checked fully upon receipt, as returns can only be processed from the delivery address. Any returned products must be returned to us in good condition, with all packaging intact. All refunds and reimbursements will be arranged within 30 days of our 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. We will provide a refund or provide a replacement where available for any products received damaged or faulty, provided we are notified within 3 working days of receipt. Where a replacement item is not available, due to it being discontinued or the original item being a “One Off,” we will reimburse you for the full cost of the item only and any shipping costs. No compensation will be paid. Upon receipt of your order, the order should be carefully inspected to make sure that it is intact and in full. The courier must be informed of breakages or shortages at the time of delivery. We may not (at our sole discretion) accept any claims for breakages or shortages unless they are stated on the courier’s documentation. We must have confirmation of these breakages or shortages within 3 working days of delivery. Photographic evidence is required by our carrier company if an item has been damaged during transit. In the case of a return being necessary, you as the customer will be sent a shipping label which should be printed and attached to the Item. You will have to be available for a set time in order for the courier to collect this item.

PRICES, AVAILABILITY AND PROMOTIONS

Please note we have endeavoured to ensure the accuracy of all information on our site. The prices payable for the Products that you order are clearly set out on our 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 we are unable to supply a particular Product we will notify you as soon as possible.

OUR LIABILITY

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability (i) for death or personal injury caused by our negligence; (ii) under section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are 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 and/or loss of data).

WAIVER

If we 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 we fail to exercise any of the rights or remedies to which we are entitled under the Contract 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 us of any default shall not constitute a waiver of any subsequent default. No waiver by us 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

SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

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.

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, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, 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 we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

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.

TERMS OF USE OF THE OLD PULTENEY EGIFT CARDS

Please read these eGift Card Terms carefully before purchase to ensure that you understand how Old Pulteney eGift Cards work and that you are familiar with any restrictions which may apply to their use.

1. GENERAL

1.1 These terms and conditions (“eGift Card Terms“) are the legal terms and conditions, which apply to the purchase eGift cards (“eGift Cards“).

1.2 These eGift Card Terms apply to pounds sterling eGift Cards purchased online through The Old Pulteney website, https://oldpulteney.com/shop/  (“our Website”)

1.3 References in these eGift Cards Terms to “we”, “us” and “our” shall mean Old Putleney

Address: Pulteney Distillery, Huddart Street, Wick, Caithness, KW1 5BA.  Owner: Inver House Distillers Ltd.

2. USE & VALIDITY OF YOUR EGIFT CARDS

2.1 eGift Cards may be used via our website to purchase products. The eGift cards cannot be used for Distillery tours or redeemed at our premises.

2.2 Your eGift Card is valid for a period of 6 months from the date of activation (which is the date that the eGift card is sent to the recipient) following which it will expire automatically. The expiry date will be clearly marked on your eGift Card email. eGift Card cannot be used after the expiry date and any remaining balance will be removed and the Card will become invalid and no longer available for use. We have no obligation to remind or inform you of a eGift Card’s expiry and it is your sole responsibility to ensure that any balance is used in full prior to expiry.

2.3 eGift Cards may not be exchanged for cash and may not be used to purchase another eGift Card. No change will be given when payment is made using a eGift Card and any unused balance will remain on the eGift Card for use in relation to future purchases or a new eGift Card issued in respect of that unused balance.

2.4 A eGift Card expires automatically once its balance has been exhausted and cannot be topped up with additional funds.

2.5 To use a digital eGift Card online type the unique Card Reference code on the eGift Card into the relevant box on the checkout page of our online shop.

2.6 Only one eGift Card may be used per online purchase.

2.7 We reserve the right to refuse to accept a eGift Card as payment if there is reasonable evidence of tampering or fraud.

3. ONLINE PURCHASE & DELIVERY OF EGIFT CARDS

3.1 eGift Cards purchased online through our Website must be paid for using a credit or debit card. Payment for your eGift Cards and all applicable delivery charges is in advance.

3.2 After you place an online order for a eGift Card, you will receive an email acknowledging that we have received your order. You will own the eGift Card once payment for the eGift Cards has been received in full.

3.3 eGift Cards ordered through our Website will be sent to the email address stated on each individual order.  Where an eGift Card has been requested it shall be sent to the recipient’s email address on the day that you have specified when placing your order.  This date cannot be amended.

3.4 You are solely responsible for the accuracy of the information provided by you when you place your order , and we have no liability to you or to the intended recipient in the event that your order is delivered to the incorrect address unless the error arises directly from our negligence or our breach of these eGift Card Terms.

3.5 The risk of loss and title for eGift Cards pass to the purchaser or designated recipient upon our electronic transmission of the eGift Card to the purchaser or designated recipient.  We are not responsible if any eGift Card is lost, stolen, destroyed, or used without your permission, and you or the designated recipient are solely responsible for the safekeeping and security of the eGift Card following delivery.

3.7 When purchasing a eGift Card, you will have the opportunity to provide a personalised message to be delivered to the recipient. Your message will appear on the eGift Card email.  You are solely responsible for any message you ask us to include with your eGift Card at the point of purchase.  This message cannot be amended once your purchase is made. We reserve the right to refuse to deliver any message submitted by you if, in our sole discretion, your message is or is likely to be considered by any person to be defamatory, offensive, obscene, abusive, hateful, threatening, discriminatory, inflammatory, harmful, sexually explicit, deceptive, fraudulent, infringing of intellectual property rights or in any way unlawful. If we reject your message for any reason, we reserve the right in our sole discretion to cancel your order and refund any payments you have made. If we send your order without your message, you will not be entitled to cancel your order by virtue of our decision not to send the message.

4.  VARIATION

4.1 These eGift Card Terms may be amended from time to time without notice to you. It is your responsibility to check these eGift Card Terms from time to time to ensure you are aware of any changes which may have been made. In the event of changes, the “Last Updated” date at the bottom of these eGift Card Terms will be updated accordingly.

4.2 We reserve the right at any time to cancel any eGift Card and/or suspend or permanently discontinue the eGift Card programme altogether if, in our sole discretion, such action is necessary. Such action may be necessary, for example, to make changes to the eGift Card programme, to comply with applicable law or regulation or as a result of circumstances beyond our reasonable control.

5. GOVERNING LAW

These eGift Card Terms shall be governed by and construed in accordance with the laws of Scotland, without resort to its conflict of law provisions. Any dispute or claim arising out of or in connection with these eGift Card Terms (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the Scottish courts.