This Site is operated and owned by Whisky Alley Group Ltd. Your access to and use of the Site is subject to these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.
In these Terms and Conditions the following words and phrases shall have the following meanings, unless the context otherwise requires:
Your use of this Site is by non-exclusive licence granted by Whisky Alley strictly in accordance with these Terms and Conditions.
You acknowledge and agree with Whisky Alley that You will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property Rights) in the Software or the Site other than the non-exclusive rights granted in accordance with these Terms and Conditions.
The Site is available only to, and may only be used by, individuals who can form legally binding contracts and purchase alcohol under their applicable law. If you do not qualify, please do not use our services.
In Order to use this Site, You require the equipment and connections necessary to access the World Wide Web. Without limitation, You are responsible for:
An Order can be made by whatever means with an authorized agent of Whisky Alley or directly by You through the Site. This Order does not form a contract between us.
Whisky Alley reserves the right to reject or amend any Order made in its absolute discretion for any reason, including in the event of unavailability. Receipt of any Order by Whisky Alley is not effective until it is confirmed and accepted in writing by way of email, by Whisky Alley to You. Upon transmission of that email a contract is formed between us and subject to payment by you of the invoiced amount, we are obliged to provide the Product to you in accordance with these Terms and Conditions.
Subject to cause 3(e), no Order which has been accepted by Whisky Alley in accordance with clause 3(b) may be cancelled by You.
Whisky Alley’s employees or agents are not authorised to make any representations concerning the Products unless such representations are confirmed by Whisky Alley in writing. You shall at all times not rely on any representations by Whisky Alley’s employees or agents unless such representations have been confirmed in writing by Whisky Alley.
An Order made may be cancelled by You if within seven (7) days of the acceptance of the Order by Whisky Alley, You give Whisky Alley a notice in writing of the cancellation. The cancellation by You shall be subject to You indemnifying Whisky Alley in full against all loss, damages, charges and expenses incurred by Whisky Alley as a result of the cancellation.
You acknowledge and agree that:
You must undertake your own research and enquiries in relation to any items you purchase on the Site.
Any delivery date specified by Whisky Alley for delivery of the Products is approximate only, and Whisky Alley shall not be liable for any delay in the delivery of the Products. Time for delivery shall not be of the essence to the contract unless previously agreed by Whisky Alley in writing. The Products may be delivered in advance of the delivery date specified; Whisky Alley is not responsible for late delivery by the courier company.
If You fail to take delivery of the Products or fail to give Whisky Alley adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to Whisky Alley, Whisky Alley may:
Any advice or recommendation given by Whisky Alley or its employees or agents to You or its employees or agents as to the storage, application or use of the Products which is not confirmed in writing by Whisky Alley is followed or acted upon entirely at Your own risk, and accordingly Whisky Alley shall not be liable for any such advice or recommendation which is not so confirmed. The information provided on the Site is of a general nature only, and we do not warrant that the information is correct or accurate.
If a Product you purchase is to be delivered by Whisky Alley to a place nominated by you, the risk in such item will pass to you:
Notwithstanding delivery and the passing of risk in the Products, or any other provision of these Terms, the property in the Products shall not pass to You until Whisky Alley has received payment in full for the Products and all other Products agreed to be sold by Whisky Alley to You for which payment is due.
Until such time as the property in the Products passes to You, Whisky Alley shall be entitled at any time to require You to deliver up the Products to Whisky Alley within 1 business day of being requested to do so and, if You fail to do so, Whisky Alley shall enter any premises of You or any third party where the Products are stored and repossess the Products.
To the extent permitted by law, unfortunately we are unable to provide a refund or exchange in respect of any Product Ordered.
You must not use the Site to:
You acknowledge and agree that You must not:
You must not without prior written consent of Whisky Alley which shall be given, given with conditions or withheld at Whisky Alley’s absolute discretion affix or otherwise display Your name or logo on the content of the Site or any other website in a way that suggests a direct or indirect association with Whisky Alley and/or any content provider to the Software or the Site.
This Site may contain links to third party websites. Those websites are not under the control of Whisky Alley and Whisky Alley is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
Neither Whisky Alley nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.
The Site may contain advertisements for third parties’ Products and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Whisky Alley nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the Products or services that may be advertised on the Site, nor do they offer the Products or services for sale or make any other representation whatsoever about them. If you choose to Order a product or service advertised by a third party on the Site, you do so at your own risk.
You must not link the Site from any other website not owned or operated by Whisky Alley without prior written consent from Whisky Alley.
The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the “Content”) is protected by Intellectual Property Rights.
The Content, the Software and the Site are protected by Intellectual Property Rights. You acknowledge that Whisky Alley is the owner of these rights, with Our affiliates or other third party licensors.
All product and company names and logos contained within the Site are the trade marks, service marks or trading names of their respective owners, including Whisky Alley.
You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Content, the Software or the Site is transferred or granted to You, other than the rights granted expressly by these Terms and Conditions.
You agree that:
The Whisky Alley logo and name are owned by Us, and may not be used as part of your business or in connection with any Products or services without the prior written consent of Whisky Alley which shall be given, given with conditions or withheld at Whisky Alley’s absolute discretion.
Your use of the Site or Your completion of any forms or tables on the Site does not automatically create a relationship of any sort between You and Whisky Alley, including that of client and agent.
Whisky Alley does not warrant that:
Except as expressly provided to the contrary, and to the extent permitted by law, We make no representations or warranties of any kind, express or implied as to the operation of Your access to or the results of Your access to the Software or the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or Products included on the Site.
To the extent permitted by law, the Site is provided by Whisky Alley on an “as is” basis without any express or implied warranty of any kind.
The Software or the Site may contain inaccuracies or typographical errors.
The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
Whisky Alley may change any of the material on the Site at any time without notice.
Whisky Alley makes no commitment to update any material on the Site.
You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site.
You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from Your use of the Site or the material on or accessible through the Site.
Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of Whisky Alley, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which You may sustain shall be limited, at the option of Whisky Alley, to:
Without limiting Clause 12(i), You release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Software or the Site, whether or not caused by any negligent act or omission including but not limited to:
You agree to indemnify and hold harmless Whisky Alley, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with Your use of the Site or the Software or Your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
If Whisky Alley reasonably considers that You are using the Site in breach of these Terms and Conditions, Whisky Alley reserves the right to remove any infringing data, file, content or material from the Site and Whisky Alley shall have no liability to You.
Whisky Alley reserves the right to deny You access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that Whisky Alley believes, in its sole discretion:
Whisky Alley may terminate Your right to access to, or use of, all or part of the Site, immediately on written notice to You if You:
On termination or expiry of this Agreement Your right to use the Site shall cease.
Termination of your access to the Site shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms & Conditions will survive termination.
Unless otherwise expressly stated herein, a person who is not a party to the contract between us has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this contract.
Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
Whisky Alley may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.
Whisky Alley shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Whisky Alley, including any form of technological failure or the actions of third parties.
These Terms and Conditions constitute the entire agreement between you and Whisky Alley with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
No oral explanation or information provided by a party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
The failure by Whisky Alley to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Whisky Alley in respect of any existing or subsequent breach of these Terms and Conditions.
No waiver by a party of a provision of this Agreement is binding unless made in writing.
The laws of London govern these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of London for any cause of action relating to or arising under these Terms and Conditions.
Where possible, the obligations of the parties under this Agreement will indefinitely survive the finalisation or discontinuance of this Agreement.
This Agreement shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under this Agreement.
The rights and remedies of a party to this Agreement are in addition to the rights or remedies conferred on the party at law or in equity.
The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
Any notice or demand in writing required to be given by the Owner to the Licensee shall be sufficiently served if: