TERMS AND CONDITIONS
1. THIS SITE
This website is operated by Lochlea Distilling Co. Ltd ("we", "our", "us"). We are a company registered in Scotland with company number SC533717 whose registered office is at Caledonia House, 5 Inchinnan Drive, Inchinnan, Renfrew, Scotland, PA4 9AF. Our VAT registration number is 256922482.
2.1 In these Terms certain words have defined meanings. These are:
"Content" which means any text, images, video, audio or other content or material, software or other information featured on, or submitted by you to, the Site;
"Unwanted Submission" means any information you may want to submit to us being an advertising or marketing suggestion, product idea, or anything that you regard as confidential, commercially sensitive or valuable; and
"Product Supply Terms" means the terms and conditions which apply to you ordering goods using the Site, set out at https://lochleadistillery.com/pages/product-supply-terms.
3. OUR TERMS
3.1 These terms (our "Terms") explain how you may use our website (the "Site"). The Site includes the websites linked to the following domain names and all associated webpages:
3.2 You should read these Terms carefully before using our Site, as they create binding legal obligations upon you. If you do not understand any part of them please let us know using the contact details set out below. By accessing or using our Site, or any part of it, you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you should stop using the Site immediately. Please note that we may update our Terms from time to time, so if you revisit our Site at a later date you should check the Terms again at that time to make sure you have seen the current version.
3.3 If you have any questions about our Site or these Terms, including if you don't understand any part of these Terms, please contact us:
3.3.1 by e-mail at firstname.lastname@example.org; or
3.3.2 by post at
Lochlea Distilling Co. Limited
3.4 We will endeavour to respond to you promptly. Please note that our email and telephone facilities are monitored only during the hours of 9.00am to 5.00pm Monday to Friday (excluding public and bank holidays in Scotland).
3.5 Please also note that we may record calls and keep a record of correspondence to enable us to properly manage our Site, to deal with your query, and for quality and training purposes.
3.6 Personal Data
4. USING OUR SITE
4.1 Our Site is open to persons over eighteen (18) years old and who are resident in the UK only. If you are under eighteen (18) or not resident in the UK, please leave our Site immediately. If you continue to access the Site from locations outside the UK, you are responsible for compliance with local laws which relate to your accessing this Site, where they are applicable.
4.2 The Site is a place where you can find out information about the goods we sell. It also allows you to buy goods from us. The sale of goods by us is subject also to our Product Supply Terms. Please check these terms carefully before you buy goods from us, as they set out how we will supply goods to you, and various other terms relating to our goods.
4.3 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
4.4 Whilst we will try to make sure our Site is available and functions properly at all times, we do not guarantee that our Site will be available all the time, or at any particular time, that our Site will function properly, or that any functionality upon our Site will be available at all, or any, times. Further, we may suspend or terminate operation of the Site at any time as we see fit. If you need to buy goods from us for a particular time or occasion, please do this as far in advance as possible, in case our Site is unavailable at the time you need to access it.
4.5 While we try to make sure that our Site is accurate and up-to-date, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Our Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. Any reliance that you may place on the information on this Site is at your own risk.
4.6 Where the Site allows you to login you must keep your password and other account details confidential. Please let us know immediately in the case that you suspect or know your password or other details have become known to any other person.
4.7 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at email@example.com and/or use the website accessibility tools available at https://www.w3.org/WAI/ER/tools/.
4.8 We may prevent or suspend your access to the Site if you do not comply, or we suspect you have not complied, with any part of these Terms, our Product Supply Terms or any applicable law. This shall be without prejudice to our other rights and remedies in respect of such breach. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms or our Product Supply Terms.
4.9 If your failure to comply may endanger the rights, property or interests of any other person, or we suspect that may be the case, we may disclose your details and any other relevant information we hold about you, to help prevent any damage being suffered.
5. RESTRICTIONS ON MISUSE
5.1 The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features which may allow you to post, transmit or submit information. We may or may not actively monitor the information you submit via these services. As such, you may be exposed to content upon these services that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable, and is not endorsed by us. Further, you should not post any information upon these services from which you can be identified, as this may cause you risk, for example in relation to the receipt of unsolicited correspondence or identity impersonation. We may remove any of the information upon these services, or restrict your ability to use these services, as we see fit. Your use of these services is at your own risk.
5.2 You must not misuse our Site. The following are examples of misuse:
5.2.1 using the Site for any improper, unlawful, or immoral purpose,
5.2.2 causing any nuisance by your use of the Site or causing the operation of the Site to be jeopardised or impaired;
5.2.3 using the Site to create, host, or transmit any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, sexual orientation or otherwise;
5.2.4 using the Site to harm or attempt to harm other people (including children) in any way;
5.2.5 using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
5.2.6 using the Site to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or rights of any other party;
5.2.7 using the Site to create, host, or transmit unsolicited advertising material to other users;
5.2.8 using the Site to create, host, or transmit any material that harasses another person;
5.2.9 using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;
5.2.10 using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate or breach anyone's security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
5.2.11 using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
5.2.12 using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking;
5.2.13 impersonating any person or entity or using a false name that you are not authorised to use;
5.2.14 encouraging, condoning, or glamorising under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages.
6. INTELLECTUAL PROPERTY
6.1 When you submit Content to our Site you grant us the right to use that Content in connection with our business. This includes storing that Content, and making that Content available via our Site. We may permit other people to do this on our behalf. These rights shall be free (you won't be able to charge us for these rights) and irrevocable, and shall exist perpetually. You agree that we do not have to identify you as the author of that material, and that you shall have no right to object to our treatment of that material. This does not affect your rights under laws relating to personal data. However, where any personal data is contained in that Content, you consent, and must have any other identified person's consent, to submit that Content.
6.2 This Site and all intellectual property in it is owned by us and or licensors or both (as applicable). Intellectual property includes the copyright in our Site, our trade marks and domain names, and those of other people, design rights, for example in our user interfaces, database rights, and all other intellectual property or rights of any kind, and whether or not they are registered or unregistered, even if it were possible to register them (and we have not progressed any such registration).
6.3 We and our licensors reserve all of our and their rights. This means, for example, that we (and they) remain owners of their intellectual property and remain free to use them as we (and they) see fit.
6.4 You have the right to access and use our Site, to find out information about us and our goods, and to buy goods from us, and subject always to these Terms. Nothing in these Terms or otherwise grants you any other right, title or interest in or to the Site.
6.5 Where software is made available through our Site, or by us through any platform such as the Apple App Store or Google Play, please note that your download, installation and use of this software shall be subject to additional terms and conditions, which will be brought to your attention when accessing that software.
6.6 Please note that the following are trade marks owned by us or our licensors:
6.7 If you think any part of our Site, or anything available through our Site, infringes your rights, please contact us at firstname.lastname@example.org. When contacting us please provide:
6.7.1 your address, telephone number, and email address;
6.7.2 description of the rights that you claim have been infringed;
6.7.3 a description of the alleged infringing activity;
6.7.4 a statement by you that you have a good faith belief that infringing activity is not authorised by you, the rights owner, its agent, or the law; and
6.7.5 a statement by you, made under penalty of perjury, that the information is accurate and that you are the rights owner or authorised to act on the rights owner's behalf.
7.1 We may apply security measures and certain restrictions to our Site. You agree not to tamper with or try to circumvent, avoid or negate such security measures or restrictions, or ask or help any other person to do so, including by the submission of false information, or using means which obscure the identity of the devices or persons visiting our Site, such as using VPN providers or the TOR browsers.
7.2 Our Site contains important notices (including intellectual property notices) including in particular in any digital rights or other security technology embedded or contained within the Site. You must not tamper with or remove any of these notices, including in any printout of our Site.
7.3 Communication via the Internet is not secure. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be remain confidential, for example during its transmission to us. Please note that we use third party payment services to allow the purchase of goods from us. These services are PCI DSS compliant (see http://www.pcisecuritystandards.org), and we do not have access to your payment information.
7.4 In particular, and for that reason, you should not let us have any Unwanted Submissions. While we value your feedback, you agree not to submit any Unwanted Submissions. If you do make any Unwanted Submissions we may use those as we see fit on a free of charge basis.
7.5 Further, we recommend that you have in place up to date antivirus and personal firewall software when accessing and using our Site.
8. CONSUMER RIGHTS
8.1 You have certain legal rights when using the Site on a personal basis, as a consumer. These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015.
8.2 Where you are buying goods from us, a summary of your key rights is set out at the beginning of our Product Supply Terms.
9.THIRD PARTY SITES
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site, not these Terms.
10. THE LIMITS ON OUR LIABILITY
10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were not foreseeable when you accessed our Site, or that were not caused by any breach of these Terms or any duty on our part. Our Site is provided “as is,” and your use is at your own risk. We exclude to the fullest extent permitted by law, any and all express and implied warranties and guarantees.
10.2 What we will supply to you, and what we say we won't do, what we and will not guarantee, and what we recommend or require you to do, in these Terms and our Product Supply Terms, is therefore very important. Please read these documents carefully and let us know if you don't understand any point.
10.3 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
10.4 Further, no one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated 20th November 2018. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time.
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with us please contact us as soon as possible.
12.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
12.3.1 let you know that we cannot settle the dispute with you;
12.3.2 if you are a consumer, you may also use the online dispute resolution (ODR) platform at http://webgate.ec.europa.eu/odr/ to resolve the dispute with us.
12.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms, and relevant United Kingdom law will apply to these Terms.