This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (a Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should retain a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st September 2016.
1. INFORMATION ABOUT US
1.1 We operate the website www.lombardscotchwhisky.com . We are Lombard Brands Limited, a company incorporated under the laws of the Isle of Man with company number 063082C and with our registered office and trading address at Bourne House, College Street, Ramsey, Isle of Man.
1.2 If you wish to contact us you can contact us by telephoning our customer service team at +44 (0)1624 814345 or by e-mailing us at firstname.lastname@example.org
1.3 If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your order.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. USE ONLY BY CONSUMERS
3.1 You may only purchase Products from our site if you are a consumer and legally entitled to do so in the jurisdiction in which you reside.
3.2 These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.3 You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
3.4 You shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or in any Contract.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each step of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date (if any) or because of an error in the price on our site as referred to in clause 8.5 we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.1 We will contact you with an estimated delivery date, which will generally be within 30 days after the date of the Dispatch Confirmation.
6.2 The satisfaction by us of our obligations under this Contract shall be deemed to be completed when our courier makes its first attempt to deliver the Products to the address which you gave to us for delivery when you made your order (the Delivery Address).
6.3 If no one is available at the Delivery Address to take delivery, our courier will attempt to redeliver the Products to the Delivery Address on at least one further occasion. However, if delivery is not possible because no-one is available to take delivery at the Delivery Address then the Products may be returned to our premises. In such circumstances please contact us to rearrange delivery however in such an event you will be liable to pay for such further and additional delivery costs as may be thereby incurred.
6.4 If our courier at its discretion decides to leave the Products at the Delivery Address then that will be deemed to constitute a successful delivery to you.
7. INTERNATIONAL DELIVERY
7.1 We deliver to the countries listed here [INSERT LINK TO PAGE LISTING THE COUNTRIES] (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
7.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws. You shall be solely liable and responsible for any import duties and taxes or any other taxes tariffs or imposts imposed on the Products and in the event of the detention confiscation or destruction or any Products by any customs or other authority outside of the Isle of Man or the UK then such detention confiscation or destruction shall for the purposes of the relevant Contract be deemed to constitute delivery of the Products by us to you.
8. PRICE OF PRODUCTS AND DELIVERY CHARGES
8.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 4.4 for what happens if we discover an error in the price of Product(s) you ordered.
8.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of a Product includes VAT and other taxes and duties at the applicable rate chargeable in the Isle of Man and the UK (Tax). However, if the rate of Tax changes between the date of your order and the date of dispatch, we may at our discretion cancel your order and request that you make a fresh order following a repricing of the Product to reflect the change in the rate of Tax.
8.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page [INSERT HYPERLINK]. For special/multiple bottle orders, please contact us by email stating the country of delivery and quantity.
8.5 It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly 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 cancel the supply of the Product and refund you any sums you have paid.
9. HOW TO PAY
9.1 You can only pay for Products using Paypal.
9.2 We will dispatch your order following payment.
10. OUR LIABILITY
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
10.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under a Contract where such failure or delay is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or of public or private postal or courier systems or services, or the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (an Event Outside Our Control).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12. COMMUNICATIONS BETWEEN US
12.1 When we refer, in these Terms, to “in writing”, this will include e-mail
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2 You may not transfer your rights or your obligations under these Terms to another person.
13.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 These Terms and any Contract and any dispute or claim arising out of or in connection with it will be governed by Isle of Man law. You and we both agree to that the courts of the Isle of Man will have exclusive jurisdiction to deal with any disputes between us.