These terms will apply where you are dealing with us as a consumer.
1. Legal age
1.1 In order to purchase any Products from us you must be at least 18 years old, or you must have reached the requisite age in your home territory for the purchase of alcohol. At the time of delivery of any Products the courier may ask to check your proof of age. Only a passport, driving licence or PASS photo ID will be accepted as valid identification for proof of age. All proof of age checks and refusals of sales will be logged and kept on file by Drinks Distilled for 3 months.
2. Payment
2.1 Payment is due immediately at the time of ordering. Our standard policy is to process payment at the time of ordering.
2.2 We reserve the right to withhold any Products that you have ordered but not paid for. We shall not be obliged to deliver or make available any Products to you until the invoice is settled in full.
2.3 If payment is not received within 30 days of invoicing, then late payment charges will be levied as follows (as per the Late Payment of Commercial Debts [Interest] Act 1998, amended 7th August 2002 and 16th March 2013):
- £40 for up to £1,000
- £70 for £1,000–£10,000
- £100 thereafter
2.4 Should the debt still remain unpaid at 90 days from the invoice date, Drinks Distilled will apply to a county court to claim money that we are owed by a person. Should the money still not be paid within 14 days (or any other agreed period) of a court hearing, Drinks Distilled will ask the court to enforce the judgment, which might involve the court ordering the debtor to attend court to provide evidence of their income or spending; we can ask the court to send bailiffs to collect the money; we can ask the court to take money from the debtor’s wages to pay the debt; the court can freeze money in the debtor’s bank, building society, or business account; or we can ask the court to charge the debtor’s land or property.
2.5 Unless otherwise agreed by Drinks Distilled, any and all bank, payment, currency conversion, currency exchange control, credit card charge or other charges incurred in connection with any payment obligation outlined in these terms will (to the extent permitted by law) be the sole responsibility of, and be borne by you.
2.6 Payments may only be made by wire transfer, or those credit cards identified as being accepted by MATCH from time to time.
2.7 Drinks Distilled accepts all debit cards and credit cards (Visa, Mastercard, Maestro, Electron, Solo) and payments via Paypal.
2.8 Drinks Distilled does not accept cheques.
2.9 All sales will be processed and paid in GBP.
3. Prices
3.1 The description and prices payable for the Products that you order are set out on our website and in any emails, letters, or phone calls to you.
3.2 If, by mistake, we have under-priced a Product, we will not be liable to provide that item to you at the stated price provided that we notify you before we despatch the item concerned or, if we are not despatching an item, within 7 working days of our acceptance of your order and we may cancel your order provided we refund you any payments you have made. You may agree to pay the correct price in which case we will proceed with your order. In the event that you have been overcharged for an item, a full refund of the difference will be given.
3.3 We reserve the right to change our prices. Please refer to our website for all current prices. Please note that prices issued on our website supersede any prices set out in these terms and conditions if they are different.
3.4 Unless otherwise stated, prices listed for Products are quoted per bottle or per case, and include UK Excise Duty and UK VAT at the current rates (to the extent applicable).
3.5 Drinks Distilled makes no guarantees that Products purchased for export outside the EU are VAT-free.
4. Availability and description
4.1 All Products and other goods are subject to availability.
4.2 If we are unable to supply a particular Product, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.
4.3 The images of each Product on our website are for illustration purposes only. Although we have made reasonable efforts to display the appearance of each Product accurately, we cannot guarantee that your computer’s display will accurately reflect the appearance of that Product. The Product which we deliver to you may vary slightly from the images on our website. Whether a Product will be delivered complete with a box or any other Product-specific outer packaging will depend upon a number of factors. Even a Product which is pictured on our website with Product-specific outer packaging may not be available with that packaging, as our suppliers do not always include Product-specific outer packaging when delivering a Product to us, and because the specifications of a Product may change from time to time (in relation to which, see clause 4.6 below). If you want to receive Product-specific outer packaging together with any Product which you order, please contact us before you place your order so that we can check whether that Product is available with Product-specific outer packaging.
4.4 The tasting notes on our website are written by our own tasting team, however spirit drink tasting is entirely subjective and different people will have a different experience of the same product. The tasting notes do not form part of the description of any Product.
4.5 All sizes, weights, capacities, dimensions and measurements indicated on our website have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006), and varies from Product to Product and from one size, weight, capacity, dimension or measurement to the next.
4.6 We may change a Product from time to time to reflect changes in applicable laws and regulatory requirements (which may include changes to Product labels to include nutritional information or changes to Product packaging in order to comply with packaging waste requirements, for example). We may also change a Product in order to implement minor technical adjustments and improvements. We do not anticipate that these changes will materially affect your use or enjoyment of the Product.
5. When the contract is made
5.1 Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we accept your order and, in the case of Products to be delivered to you, when we actually despatch the Products to you. At any point up until then, we may decline to supply the Products or services to you without giving any reason. At the moment we accept your order or, in the case of delivery of goods, when the goods are despatched, a contract will be made between you and us.
5.2 A contract for sale which incorporates these terms in full will come into existence when we expressly accept your order. Please note that an acknowledgement of your order by us by telephone, email, or by our website does not constitute acceptance of your order. Your order will be accepted when we take payment from you.
5.3 If we are unable to accept your order, we will inform you of this and will not charge you for the Products. This might be because certain goods are out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Products, or because we are unable to meet a delivery deadline you have specified.
5.4 The contract between us is conditional on the Products being available for sale to you and coming into our possession and we will be entitled to decline any order at any time up to acceptance in the event that we are unable to secure the Products on your behalf.
5.5 Please contact us if you want to make changes to your order as soon as possible and we will
endeavour to help.
6. Deliveries
6.1 Any dates and times specified for a delivery to you are estimates only and we do not guarantee to meet any fixed delivery date and time unless specifically agreed.
6.2 Delivery charges vary according to the size and weight of the order and the distance involved. We do not guarantee free or fixed-price delivery unless specifically agreed.
6.3 Drinks Distilled only delivers within the United Kingdom (excluding Northern Ireland) only and does not deliver to non-UK overseas territories.
6.4 We advise clients to insure high-value purchases. Should a client not wish to take out insurance, Drinks Distilled will not be liable for any damage to Products while in transit, nor will Drinks Distilled be liable for any Products lost in transit.
7. Cancelled orders
7.1 If you are dealing with Drinks Distilled as a private customer you have a right – subject to the specific cancellation provisions in 8 – to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Regulations”).
7.2 You have a right to cancel your contract for the purchase of goods from Drinks Distilled within 14 days of receipt of your goods.
7.3 To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g., a letter sent by post at Drinks Distilled, Unit 4059, 1 Maverton Road, London E3 2TB or email to hello@drinksdistilled.com).
7.3 To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7.4 We are currently unable to offer exchanges if there is no fault found with the item/s, please follow the instructions under these terms and condition to return your original order and place a new order.
Effect of Cancellation
7.5 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose an enhanced delivery option).
7.6 We may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of unnecessary handling by you.
7.7 We will make the reimbursement without undue delay and not later than:
● 14 days after the day we receive back from you any Products supplied, or (if earlier), 14 days after the day you provide evidence that you have returned the Products, or, if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.8 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
7.9 You shall send back the Products without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Products before the period of 14 days expires.
7.10 You will have to bear the direct cost of returning the Products.
7.11 You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
7.12 If the order has been exported, upon cancellation the customer will be liable for all delivery charges incurred, and applicable taxes will also be charged back to the customer. If returned Products are not deemed to be in a saleable condition, a re-delivery fee will also be charged.
8. Refunds
8.1 In the event that Products are opened or out of condition for consumption, Drinks Distilled will be under no obligation to offer replacements or offer other compensation of any kind and such replacements or compensation will be made entirely at our discretion.
Authenticity
8.2 Drinks Distilled makes every effort to verify the provenance of its old and rare Products but it is not always possible to establish conclusively the authenticity or provenance of a given Product.
8.3 Whenever possible we supply a condition report together with photographs and such other information as may be available to us and it will be your decision whether or not to proceed with the purchase based on this information.
Condition
8.4 Where you have purchased Products from us then you accept that these Products may be subject to defects, imperfections, shortages, damage and normal wear and tear as described.
8.5 You accept that Products will be in the condition to be expected having regard to their age, provenance and nature or where we have notified you of any such condition or defect.
8.6 We do not accept liability for minor or inconsequential defects or imperfections.
8.7 We cannot guarantee that Products will always show at their best. Regardless of reputation, all Products can age and mature in different ways and we will not bear any liability for subjective judgments such as quality or drinkability. All older bottles/Products are therefore sold as seen and we cannot accept returns for any Products should they be opened, tainted, fatigued (oxidised), or faulty in any way.
8.8 You accept that, given the nature of some of our fine and rare Products, these terms are reasonable in all the circumstances.
9. Receipt of Goods
9.1 Deliveries should be signed for as “Not Examined” and you should inspect the Products as soon as possible and notify us immediately of breakages or Product shortages.
9.2 We are unable to guarantee credit or replacements unless we are notified within 14 days of delivery of the order.
9.3 Please be aware that multi-case orders can become separated.
9.4 Standard UK deliveries should arrive within three working days of the date of order, unless otherwise agreed or specified. Time-specific deliveries will be agreed and notified to the customer at the time of ordering.
9.5 If you will not be at the delivery address at the time of delivery and wish us to leave your order in a safe place, please advise us.
9.6 Subject to clause 10 below, we regret that neither Drinks Distilled nor our carriers can accept responsibility for any subsequent loss or damage which occurs once the consignment has left.
10. Wrong, Lost and Damaged orders or deliveries
10.1 If your order arrives damaged – that is, it is different and shows damage compared to our records and images of the bottle or case, or it is broken – then please contact us as soon as possible.
10.3 If possible, we will arrange for the damaged order to be collected and a replacement order sent out as quickly as we can.
10.3 In the unlikely event that goods are misplaced on their way to you, then please contact us as soon as possible. Drinks Distilled will issue a replacement as soon as possible to you, provided your required item is not out of stock.
10.4 If your damaged, wrong or lost order cannot be replaced, our liability in connection with damaged goods is restricted to such amount as we may recover under our insurance policy.
11. Title / ownership
11.1 Title to all Products shall remain with Drinks Distilled until all sums due from the buyer are paid in full.
11.2 Products will become your responsibility from the time we deliver the Products to the address you gave us, or you/a carrier organised by you collect them from us.
12. Exchange of Gifts
12.1 We are only able to accept returned gifts and arrange refunds where this is sought by the purchaser with evidence of the relevant sales.
12.2 The item must be returned to our offices or another address as specified. The purchaser or recipient of the gift will bear the direct cost of returning the Products.
12.3 We are not able to exchange gifts on request of the recipient of the gift. We are unable to offer credit to the recipient of the gift.
13. Verification Checks
13.1 To ensure that your credit, debit or charge card is not being used without your consent, we will if necessary, validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.
13.2 By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is performed, and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.
13.3 All information revealed through such checks shall be used by us in accordance with our privacy policy, although we may refer any information which appears to be fraudulent or unlawful to relevant third parties such as police or other enforcement authorities, banks or credit card companies as may be appropriate.
14. Change of address
14.1 It is the responsibility of customers to notify us promptly of any change in their contact details. We are not liable for any costs if goods are delivered to an incorrect address that has been given to us by a customer.
15. Allergen Information
15.1 Our products may contain sulphites and other additives. Allergen information on specific Products is available upon request; please contact us by calling by emailing hello@drinksdistilled.com
16. Force Majeure
16.1 Drinks Distilled will not be liable for failure to meet agreed obligations due to prevailing circumstances beyond our reasonable control.
17. Jurisdiction
17.1 All contracts shall be governed by the laws of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction in relation to these contracts.
17.2 These terms and conditions shall be governed by the laws of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction in relation to these terms and conditions.
18. Liability
18.1 Drinks Distilled liability in any circumstances under or in connection with any sale of Products will be limited to the purchase price paid by you for the Products.
18.2 We will not be liable for any indirect or consequential losses or damages including lost bargain, lost profit, lost reputation, or loss of anticipated savings.
18.3 We will not be liable to you or to any other party following the onward sale of any Products by you.
18.4 Our liability for death or personal injury arising due to our negligence is limited to the amount that we are insured for.
19. Competitions
19.1 Drinks Distilled Ltd may run competitions from time to time. The competition is open to anyone aged 18+, living in the UK (excluding Northern Ireland) and closes (date/time to be updated according to each competition).
19.2 You can enter as many times as you want, and winners will be chosen at random.
19.3 Copyright to the entries will remain with the entrant but the entrant licences to Drinks Distilled to use their photographs to promote the brand across its website and social media. By entering the competition, the entrant agrees the use of his/ her (or company) name and image in any publicity material. Any personal data relating to the winner, or any other entrants will be used solely in accordance with current English data protection legislation and will not be disclosed to a third party without the entrant’s prior written consent.
19.4 Drinks Distilled will make the prize winner announcement publicly via Instagram within 7 days of the competition closing date.
19.5 Winners must respond 28 days to claim their prize, with prizes being issued within 28 days of these details being received.
19.6 Prizes are not transferable and cannot be exchanged for cash equivalent.
19.7 This promotion is not sponsored, endorsed, administered or associated with Instagram. It is a limited offer and may be withdrawn at any time.
19.8 Please contact Drinks Distilled at hello@drinksdistilled.com if you have any queries. Our address is Unit 4059, 1 Maverton Road, E3 2TB.
20. Promotional/Discount Codes, Offers and Vouchers
20.1 All discount codes must be entered at checkout to receive the offer. *
20.2 Please ensure the discount has been applied before completing your order.
20.3 Offers and discounts cannot be added retrospectively to an order.
20.4 We reserve the right to end offers and promotions early at our discretion.
20.5 We reserve the right to extend offers and promotions at our discretion.
20.6 More than one offer cannot be added to the basket at checkout unless specified.
20.7 Refunds of products included in an offer will reflect the price originally paid for the product.
If you have any questions or problems regarding the use of our discount codes, please inform us before finalising your order.
* Please note, if paying by PayPal please re-add your discount code upon returning to the check-out page as sometimes logging into your PayPal account during checkout can cause the basket to refresh. If in doubt, be sure to check discounts have applied before finalising your payment.
21. General
21.1 We reserve the right to alter these terms and conditions at any time. Any such changes will take effect when posted on our website.
21.2 It is your responsibility to read the terms and conditions on each occasion the website is used, or Products ordered.
21.3 Your use of the website shall signify your acceptance to be bound by these latest terms and conditions.