TERMS & CONDITIONS OF SALE
1. OUR SUPPLIER DETAILS
Glenfiddich have engaged Intervino Limited to fulfil all orders placed on the www.glenfiddich.com website (Website).
Intervino Limited is a company registered in England and Wales. Our registered office is at: The Griffin, Main Road, Plumtree, Nottinghamshire NG12 5NB and its registered number is 05659462 (Intervino). Intervino Limited’s VAT number is 182708200.
You can contact Intervino Limited by email at support@uk.shop.glenfiddich.com
To purchase Glenfiddich products and have your order fulfilled by Intervino Limited, you must be over 18 years of age and resident of the United Kingdom. Intervino Limited can only ship to mainland UK.
Please also review the Terms of Website Use for Glenfiddich Products Sales before making any purchases.
2. AGREEMENT TO TERMS & CONDITONS OF SALE
By placing your order and making payment through the Website you have entered into a contract Intervino Limited (we or us) for the provision of Glenfiddich products (Product). It is important you read these Terms & Conditions of Sale carefully before ordering any Product through the Website because they govern your relationship with us in relation to your purchase.
Please understand that if you refuse to accept these Terms & Conditions of Sale, you will not be able to order any Product(s) from the Website.
3. BASIS OF CONTRACT
These Terms & Conditions of Sale apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing
Any Product order that you place via the Website constitutes an offer by you to purchase the Product in accordance with these Terms & Conditions of Sale. You are responsible for ensuring that the terms of your order are complete and accurate.
Please follow on screen prompts to place an order.
Orders are submitted via the Website in the following way. Once you are ready to make a purchase, you will check out of your shopping basket. The Website will ask for your payment details which will be processed on a secure server. When your payment has been processed, your order information will be passed to us including your mailing address. We will not hold any of your payment details. It is your responsibility to ensure that your order is correct before submitting it to us. If you need to change your name or delivery address, please contact the Customer Services team as soon as possible and we can amend your order details providing that your order has not been shipped. If you have any problems with your order, you should contact our Customer Services team via email at support@uk.shop.glenfiddich.com . Our Customer Services team will respond to you directly via email.
We will send you a confirmatory email to acknowledge that your order has been successfully placed with information on the Product that you have selected (Confirmatory Email). All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept your order in which case you will receive a full refund within 10 working days. On receipt of your order we will check to make sure we are able to fulfil your order.
Where we accept your order, we will confirm such order by sending you a second email (Dispatch Email) confirming your order and dispatch of the Product to the delivery address you have requested. This is sent out automatically by us to the email address you register with. By sending you the Dispatch Email and thereby confirming and accepting your order, the contract between you and us is formed. You should check both the Confirmatory Email and Dispatch Email for accuracy and let us know by email immediately if there are any issues. Invoices shall be raised by Intervino and sent to you in an email.
If we cannot accept your order or part of your order. If we are unable to accept your order (or part of it), we will e-mail you to tell you. This might be because the Product is out of stock, because of unexpected limits on our resources, which we could not reasonably plan for, because we have identified an error in the price or description of your purchase on the Website or because we are unable to meet a deadline you have specified.
The Products are not for resale. The Products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe Products are being ordered in breach of this clause.
4. PRODUCTS
All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason. Prices for all Products are subject to change.
Where applicable, presentation boxes will only be supplied with a bottle where they are depicted in the Product photograph, please note that presentation boxes may be packed separately to protect them in transit.
All sizes, weights, capacities, dimensions, and measurements indicated on Product packaging 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.
Wherever we offer sets of different range of items, it must be considered as one Product for the purposes of sale, returns, exchanges and/or cancellations. These items are presented and will be sold only in sets and offered at a discounted price on the Website. Wherever the sets have been customised and a discount has been given by virtue of it being in a set, it will be attributed as a single Product for the purposes of sale, returns, exchanges and/or cancelations.
Personalisation of Products:
i. You may have the option to personalise certain Products. Please ensure the personalisation information that you provide to us is correct and that any images are of a sufficiently high resolution, as the Products will be manufactured using this information. ii. If you have chosen to personalise the Product you will lose your right to cancel your order as we are unable to resell the Product due to the personalisation. Similarly, we cannot accept the return of any personalised Product if the return is due to incorrect information provided by you
iii. We reserve the right to refuse the offer of the contract with you and the delivery of the Product in the event the personalisation includes or implies any profanity or otherwise inappropriate language, including but not limited to any obscene, offensive, hateful, inflammatory or sexually explicit language.
5. PURCHASES AND PAYMENT
Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages of the Website and on your Order Confirmation after you have placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please read this paragraph carefully below for what happens if we discover an error in the price of the Product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the Product (but they have not yet been dispatched), then you will receive a full refund. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Product dispatched to you.
When you must pay and how you must pay. We accept payment by credit or debit card or via Apple Pay, Google Pay or Shop Pay, which are listed on the Website order check-out page. Please refer to the order check-out page on the Website for an updated list of payment options available at your time of order.
I. You must pay for the Products before we dispatch them. We will not charge your credit or debit card or Stripe account until we dispatch the Products to you.
II. To help to ensure that your credit or debit card or account is not being used without your consent, we may validate name, address and other personal information supplied by you during the order check-out process against appropriate third-party databases. By accepting these Terms & Conditions of Sale 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). This is done only to confirm your identity. A credit check is not performed, and your credit rating will be unaffected. All information provided by you will be treated securely and in accordance with the terms of our Privacy Policy https://www.intervino.co.uk/privacy-policy/
III. If your payment is not processed successfully for any reason, we reserve the right to re-attempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an e-mail to the email address you have provided to us. If you do not want us to re-attempt to process payment, you must cancel your order in advance.
6. DELIVERY OF THE PRODUCTS
Please review the Delivery Information before making any purchases.
The costs of delivery will be displayed to you on the Website during the order check-out process.
All domestic deliveries are made through Royal Mail services. We can only deliver Products to addresses in mainland UK.
We aim to deliver the Product to your designated delivery address within the time set out in the Dispatch Email but we are unable to give an exact delivery date. If we have not delivered the Product within 10 days of the Dispatch Email or any other date that we have agreed with you, then you may cancel the contract and we will refund any money paid by you.
Ownership and risk of the Product will pass to you on delivery.
We will not be liable to the extent that any failure to deliver was caused by an event outside our control, or because you failed to provide adequate/accurate delivery instructions or any other instructions that are relevant to the supply of the Product.
7. RETURNS & EXCHANGE
Please review our Order Amendments, Returns, Cancellation & Exchange Policy before making any purchases.
When you become responsible for ordered products. A product purchased through the Website will become your responsibility from the time we deliver the product to the address you gave us. We accept no liability where you provide an incorrect delivery address. WE DO NOT, IN ANY WAY WHATSOEVER GUARANTEE THAT THE PRODUCTS WILL HOLD THEIR VALUE OR INCREASE IN VALUE AND ANY PURCHASE IS PURELY AT YOUR RISK AND RESPONSIBILITY.
When you own ordered products. You own a product purchased through the Website once we have received payment in full of all sums due (including any delivery charges, VAT or other administration charges, which are payable by us).
8. DAMAGED AND WRONG GOODS
Please review our Damaged/Wrong Goods Policy before making any purchases.
Subject to any specific warranties those implied by law, we do not offer any warranty or guarantee on the Product. You should inspect the Product when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible. Please note you will be required to provide photographic evidence of the damaged goods. Without photographic evidence of damage, we will be unable to process any claim you may wish to make. On proof of damaged or defective Products, we will replace the damaged Products. We reserve the right to request you to return the Product to our Customer Service Centre, at no cost to you. If we request you to return the Product to us we will refund the cost of the return of the item to us. Nothing in this section affects your statutory legal rights.
9. AGE RESTRICTIONS ON SALES
The Website is based in the UK where it is illegal for persons under the age of 18 to buy or attempt to buy alcohol and for those over the age of 18 to buy or attempt to buy alcohol for those under the age of 18. The Website is intended for users who are at least 18 years old. To purchase alcoholic products from the Website you must be at least 18 years old and not be buying the Products for anyone under the age of 18.
When you place an order, you agree that you or another adult eligible to purchase alcohol will be available to sign for the Product. If no eligible adult is available, you accept full responsibility for rearranging delivery or collection with the relevant courier. Please note that you or whoever is accepting the delivery can be asked for a valid ID proof to confirm their age and identity and when asked so, it must be provided. If the ID proof is not provided, this will hold a valid ground for us to cancel the said delivery.
10. PERSONAL DATA
We will process your personal data to the extent required to fulfil your order / contract. For further information, please visit our Privacy Policy https://www.intervino.co.uk/privacy-policy/
11. LIMITATION OF LIABILITY
These Terms & Conditions of Sale do not exclude our liability (if any) to you for:
(a) personal injury or death resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) under Part 1 of the Consumer Protection Act 1987; or
(e) for any other liability that cannot be limited or excluded by law.
Subject to the above, in no event shall we be liable to you for any losses and we shall only be liable to you for reasonable losses which you suffer as a result of our breach of these Terms & Conditions of Sale. Our liability for reasonable losses you suffer as a result of us breaching these Terms & Conditions of Sale is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms & Conditions of Sale. Losses are foreseeable where they could be contemplated by you and us at the time of contract. We are not responsible for any delay in, or failure of, performance of our obligations under any contract arising from any cause beyond our reasonable control. Nothing contained in these Terms & Conditions of Sale in any way affects your statutory rights.
12. OTHER IMPORTANT TERMS
Print a copy of these Terms & Conditions of Sale: We advise you to print a copy of these Terms & Conditions of Sale for your information in the future. The contract and all communications between us will be conducted in English.
We may transfer this contract to someone else. We may transfer our rights and obligations under these Terms & Conditions of Sale 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 this contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms & Conditions of Sale to another person if we agree to this in writing.
Nobody else has any rights under these Terms & Conditions of Sale. A person who is not a party to a contract governing the Terms & Conditions of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms & Conditions of Sale expressly provide for such rights.
If a court finds part of these Terms & Conditions of Sale illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms & Conditions of Sale, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms & Conditions of Sale, 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 request payment but we continue to provide the Product, we can still require you to make the payment at a later date.
Notices: All notices given by you to us must be given in writing to the address set out at the beginning of these Terms & Conditions of Sale. We may give you notice at either the email or postal address you provide to us when placing an order.
13. RESOLVING DISPUTES
Our complaints policy. Our Customer Service Team support@uk.shop.glenfiddich.com will do their best to resolve any problems you have with us or the Products.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to through their website at www. cedr.com/consumer or via email: applications@cedr.com. CEDR does not charge you for making a complaint. If you are not satisfied with the outcome you can still go to court.
You can go to court. These Terms & Conditions of Sale shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these Terms & Conditions of Sale shall be subject to the exclusive jurisdiction of the English courts although we retain the right to bring proceedings against you for breach of these Terms & Conditions of Sale in your country of residence or any other relevant country.
DELIVERY INFORMATION
Delivery Charges
We offer free delivery to customers within mainland UK on all Products over £50. For Products below £50 we charge £3.60.
Delivery Timelines
Most orders will be delivered within the target timeline of 3-5 working days.
On occasion there may be reason for us to operate outside these target timelines. Where this is the case, we will notify you as soon as possible after your order is placed.
Once the Product has left our premises, we have no direct control over the service provided by our delivery partners.
International Deliveries
We are currently only able to deliver to addresses within mainland UK.
Delivery of Orders
Our deliveries are made during normal business hours. When you place an order, you agree that you or another adult eligible to purchase alcohol will be available to sign for the parcel. If no eligible adult is available, you accept full responsibility for rearranging delivery or collection with the relevant courier. Please note that you or whoever is accepting the delivery can be asked for a valid ID proof to confirm their age and identity and when asked to do so, it must be provided. If the ID proof is not provided, we shall be entitled to cancel the delivery.
If your order has not arrived by the estimated delivery date, please contact our Customer Services team at support@uk.shop.glenfiddich.com . You will also be able to track your order on the Dispatch Email we send you.
Delivery Addresses
We can deliver your order to an address that is different to your billing address. This includes your place of work, as long as there is someone present that can sign for the parcel on your behalf.
Delivery Restrictions
Please note that we are unable to accept orders to certain types of address. Such locations are outlined below – please read this before placing an order and should you have any concerns contact a member of our Customer Services team at support@uk.shop.glenfiddich.com .
• Post Box Numbers may not be used as delivery addresses and orders to such addresses will not be dispatched.
• Orders placed to any country outside the United Kingdom will not be accepted and orders to such addresses will not be dispatched.
Insurance charges
All orders are insured by us to a maximum value of £150 of the Product sold at no cost to you.
If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot, we will contact you for further instructions and may charge you for any additional delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel our contract with you. We may deduct storage costs and any additional delivery costs from the bank account which you used to pay for the Products. We may make that deduction from that bank account in more than one payment.
Performance of delivery services. If you do not allow us access to your property to deliver the Products as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or to re-arrange access to your property we may cancel the contract with you.
Your legal rights if we deliver Products late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products, then you may treat the contract with you as cancelled if any of the following apply:
(a) we have refused to deliver the Products; or
(b) you told us before we accepted your order that delivery within the delivery timeline was essential. We may reject an order if you set a delivery timeline which we will not be able to meet.
No responsibility for delays outside our control. We are not responsible for any failure or delay in performing our obligations where our failure or delay is a result of any event that is outside of our control. We will contact you as soon as possible to inform you of such failure or delay and we will take steps to minimise the effect of the delay.
ORDER AMENDMENTS, RETURNS, CANCELLATION & EXCHANGE
Returns
Our primary objective is to ensure that all Products arrive in perfect condition and that you are completely satisfied with your order. You have the right to cancel your order at any time without being charged for the Products ordered within 14 days of purchasing. If you have already received your order and wish to make a return, we will issue a refund provided that you let us know your intention to return the Products within a period of 14 days from the date of the order being delivered. Where the Product is customised/personalised, we will not be able to accept any return for it whatsoever. Please make sure to check the details at the time of check-out or in the Product description. Where the Products are a part of a set of items, it cannot be returned by itself and only as the entire set. We will reimburse you for the full cost of the Product only. No compensation will be paid.
Please note that while we can accept returns of certain Products, we will not cover the cost of returning the Products unless the wrong Products were delivered or the Products were damaged or otherwise defective. Where returns are made, all Products must be in good condition, unopened, supplied in the original packaging and with the seal intact. All refunds will be paid within a period of 28 days of receiving the returned Products.
Unless the Products shipped to you were defective, incorrect, or damaged you are responsible for all costs relating to returning Products to Intervino. This includes postage and insurance. To make a return please email our Customer Services team at support@uk.shop.glenfiddich.com and ship the Products insured to an adequate value to the below address:
Intervino Ltd
C/O DPS Digital
Unit 18
Sleaford Business Park
Sleaford
NG34 7EQ
When making a return please be sure to pack returned Products securely in the same packaging that it arrived in and include the original invoice you received with the shipment, highlighting on this invoice the Products that you are returning and the reason for the return. Should you have any questions please contact our Customer Services team at support@uk.shop.glenfiddich.com.
Cancellations
You have the right to cancel your order at any time up to fourteen days (14) from the date of the order first being placed unless the order includes Products that have been customised/personalised or that we have otherwise specified as being non-returnable. Products that are part of a set of items can only be cancelled as the whole set and not by itself. To cancel your order, please inform us in writing before the expiry of the cancellation period by contacting us at support@uk.shop.glenfiddich.com .
If you have already taken delivery of the order, you must return the Products to us. You will be liable for the full cost of returning the Products and will be liable for any damages to the Product until they are received by us in all instances except where the Products returned were damaged, defective, or delivered in error.
Amending an order
If you need to change your name or delivery address, please contact the Customer Services team as soon as possible and we can amend your order details providing that your order has not been shipped. Should you wish to change your order please contact a member of our team at support@uk.shop.glenfiddich.com . Where the Product is customised/personalised, you cannot amend any other part of the order.
Exchanges
We will exchange Products if you inform us of your intention to return the Products within ten working days of the goods being delivered. In such instances you must accept the cost of returning the Products with adequate insurance in place and a full refund against the exchanged Products will only be given in cases where the Products received by Intervino are returned in original condition.
Should you choose to exchange a Product that exceeds the value of the replacement Product, we will refund the difference via your original payment method. Should you exchange a Product that is less than the value of the replacement Product, additional payment will be required. You cannot exchange or cancel customised/personalised Products. Items that are part of a set of items can only be exchanged as the whole set and not by itself.
Customers making exchanges will become liable for charges relating to the shipping and insurance of the replacement Products. We will notify you of these charges in advance and will accept payment by credit card.
DAMAGED & WRONG PRODUCT
DAMAGED PARCELS
We use a limited number of highly regarded and well-established businesses to ship and deliver all orders, however on rare occasion parcels may become damaged in transit. Should your parcel show signs of damage on delivery, please refuse the parcel on these grounds and ask the courier to return the order to the sender.
DAMAGED PRODUCT
We want all our customers to receive their orders in perfect condition so in the unlikely event of a fault with or damage to the Product you have received, please let us know straight away by contact our Customer Services team at support@uk.shop.glenfiddich.com . We will aim to resolve any issue with the Product as quickly as possible but we need you to tell us as soon as you discover the fault or damage so we can resolve the issue for you.
Please include as much information as possible. We will also require photographs of any damage including all the packaging for insurance purposes.
We will also need a picture that clearly shows the seal intact on the damaged or broken bottle. Please retain the Product, box and all packaging until instructed otherwise by us.
WRONG PRODUCT
If you have received an incorrect Product in your order, let us know straight away by emailing our Customer Services team at support@uk.shop.glenfiddich.com .
LOST PRODUCT
In the unlikely event that Product are misplaced on their way to you, we will arrange for a replacement to be sent directly to you, if available.
Where a replacement Product 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 Product only. No compensation will be paid.
All discrepancies with the contents of your order must be reported to our Customer Services team at support@uk.shop.glenfiddich.com within 48 hours of receipt of your order.
TERMS OF WEBSITE USE FOR GLENFIDDICH PRODUCT SALES
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you) and William Grant & Sons Limited, the parent company of the William Grant & Sons Group of companies, registered in Scotland with company number 131772 and registered office at The Glenfiddich Distillery, Dufftown, Banffshire, Scotland AB55 4DH (William Grant, we, us, or our) concerning your access to and use of the www.glenfiddich.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the Website).
You agree that by accessing the Website, you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms of Use every time you use our Website so that you understand which terms apply.
You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1. PRODUCTS
We make every effort to display as accurately as possible - the colours, features, specifications, and details of the Products available on the Website. However, we do not guarantee that the colours, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the Products.
Any samples, drawings, descriptive matter or advertising produced by us and any descriptions or illustrations contained in the any of the catalogues or brochures on this Website are produced for the sole purpose of giving an approximate idea of the Products referred to in them. They shall not form part of any agreement between you and us nor have any contractual force.
2. USER REGISTRATION
You may be required to register with the Website to be able to place any orders to buy Products on the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
3. GUIDELINES FOR REVIEWS
We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
4. WEBSITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website and the marketplace offerings.
5. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Website, you agree to be bound by our Privacy Policy. Please be advised the Website is hosted in the United Kingdom. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Website, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.
6. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
7. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of some of the Products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
8. GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of Scotland. Disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Scottish courts although the we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
9. CORRECTIONS
There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Products, any catalogues etc. including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
10. DISCLAIMER
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable solicitors’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Website; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. USER DATA
We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Webiste, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
15. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Website. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
