TERMS OF SALE - LAST UPDATED 08th SEPTEMBER 2022
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 www.thebotanist.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. Any reference to Bruichladdich refers to Bruichladdich Distillery Company Limited of which The Botanist is a subsidiary.
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
The global online distillery shop, which sits within the www.thebotanist.com website, is 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.
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.
Use of the Site is for personal and non-commercial use only and by placing an order you warrant that you are acting as a consumer.
HOW THE CONTRACT IS FORMED BETWEEN US
After placing an order on the Site, you will receive an email 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 email that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
You may cancel a Contract at any time within 14 working days 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 in clause 8 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 Site by using any of the following cards: Visa, Mastercard, Visa Debit, Visa Electron, Maestro/Switch and American Express as well as by Apple Pay. You must give us authority for payment at the time of order. We do not accept payment by cheque.
Although we have taken reasonable precautions to ensure our site is secure, and we believe it is secure, we do not provide any undertaking nor do we accept any liability should there be a breach or failure of security.
Online payment is made using the STRIPE secure payment system (www.STRIPE.com). As an expert in payment security, STRIPE guarantees that sensitive data is transmitted and stored according to the highest security and quality standards.
In order to process the Customer's order, STRIPE shall request the following information: indication of the type of payment card (Visa, Mastercard, Amex), the payment card number, its expiry date and any visual cryptogram by means of an explicit order to debit the account of the payment card holder.
The transaction is immediately debited to the Customer's bank card after verification of the card data, upon receipt of the debit authorisation from the company issuing the bank card used by the Customer.
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 TAXES AND 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:
1. The type of goods ordered (rates may differ);
2. Where the goods are to be delivered to e.g. 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.
ORDER CONFIRMATION AND AVAILABILITY
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 sent. Prior to such time there is no legal agreement in place.
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 despatching the goods to the return address indicated on them within 14 days of their receipt by you. We will fully refund to your original form of payment the price (including sales taxes and delivery costs) of any goods so returned to us within 30 days of their receipt by us.
DELIVERY INSTRUCTIONS AND ADVICE
The goods purchased by you will be despatched to you by the method of delivery taking into account the day of your order as follows:
UK - up to 7 working days
EU – up to 14 working days
R.O.W – 14 to 20 working days
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.
For full shipping and delivery information, please refer to our separate Shipping and Delivery Information page.
RETURNS, REFUNDS AND REPLACEMENTS
If you wish to return Products which are not faulty, please contact us on: email@example.com with details of your order within 14 days of delivery of the goods.
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 for any Products received damaged or faulty provided we are notified within 3 working days of receipt. 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.
PRICE, 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 VAT payable unless otherwise stated. The price of the Products does 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.
Purchases of alcoholic beverages are restricted to 5 (five) single bottles per transaction.
For certain annual releases or The Botanist exclusives, a maximum number of bottles may be made available to a single individual to order. Any such quantity threshold will be made clear on the product page for each release to which it applies and will be visible in others stages of purchase including the basket; if the desired quantity exceeds the maximum number of bottles available for a single person to purchase.
We reserve the right to cancel orders if we have reason to believe that a consumer has bought more than the maximum number of bottles available for purchase by one person.
Exclusive and limited release products may be sold by a ballot, which offers an opportunity to purchase via a specific process. For balloted sales, entrants opting into an opportunity to purchase must pre-authorise the transaction should their entry be successful, by providing valid payment card details as part of their entry on a secure platform. The pre-authorisation will remain valid for a maximum of 7 days, during which time the ballot will close, and the successful entries will be drawn and confirmed.
There will be no charge made to the payment card prior to ballot being drawn but entrants must ensure that there are sufficient funds in their account and that the card remains valid and in date at the point that payment is taken. Successful entrants will receive notification by email confirming that they have been successful and that the funds on their card will be taken and their bottle(s) shipped to their chosen address.
For ballot releases, a maximum quantity of bottles can be ordered per person which will be made clear during the entry process. There is no limit to the number of individual entrants per household.
Ballots offer a unique purchase opportunity of some of The Botanist most limited releases. As such, these purchases are distinct from other purchases from the Laddie Shop (or The Botanist website) and cannot be combined with other orders or transactions.
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 any 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).
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations owed to you that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): industrial action; civil commotion, invasion, terrorist attack or threat of terrorist attack, war, fire, explosion, natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Our performance under any agreement with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the agreement with you may be performed despite the Force Majeure Event.
thebotanist.com and The Botanist shop is committed to responsible data management and conforms to the UK Data Protection Act 1998. Any information you provide is treated in strict confidence and is stored in a secure location. We will never disclose your personal information to any other parties without your consent except to verify your identification as above and to deliver Products to you. All payment and credit card information is processed directly via the secure payment gateway Stripe and not entered on our Shop system. You have every right to know what information has been held in our system.
WEBSITE TERMS AND CONDITIONS
If you would like to contact us regarding Product availability or information, please don’t hesitate to e-mail us direct at: firstname.lastname@example.org
Once a communication is received by us, we aim to respond within one (1) working day.
If you are getting in touch regarding an existing order, please provide us with your name, address, order number and WorldPay ID allowing us to deal with your enquiry as quickly as possible.
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.
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.
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 & 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 & 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.