TERMS AND CONDITIONS

  1. INTERPRETATION

“Company” means McAllister Distillers Limited.

“Products” means all products which are offered for sale on the Website and each one a ‘Product’.

“Order” means an order for Products made by you.

“Order Confirmation” means the confirmation of the Order by us in writing, which shall include the price of the Order.

“Order Confirmation Number” means the order confirmation number provided by us on the Order Confirmation.

“Website” means www.mcallisterdistillers.com/

1.1 In these Terms and Conditions references to any statute or statutory provision will, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

1.2 In these Terms and Conditions any/all reference to the masculine includes the feminine and the neuter; and to the singular includes the plural and vice versa as the context admits or requires.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).

1.4 A reference to a party means either the Company and or you and includes its personal representatives, successors or permitted assignees and parties shall be construed accordingly.

1.5 In these Terms and Conditions headings will not affect the construction of the Terms and Conditions.

1.6 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.7 A reference to writing or written includes faxes and e-mails.

2. USE OF THE WEBSITE


2.1 Please read carefully these terms and conditions (“Terms and Conditions”) before using the Website. By accessing or using the Website, you agree to be bound by these Terms and Conditions. You warrant that you are of sufficient age to lawfully use the Website or to purchase the Products, and that you can enter into a contract and can create binding legal obligations for any liability you may incur as a result of your use of the Website. You hereby agree to make payment in respect of all Products you purchase. If you do not agree to these Terms and Conditions, please do not use the Website.

2.2 You may link to the Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

2.3 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

2.4 You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, actual or threatened, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

2.5 Please note that the Terms and Conditions may vary from time to time without notice to you and that your continued use of the Website following such change constitutes your acceptance of the new Terms and Conditions. You should check these Terms and Conditions for any changes each time you access the Website and we recommend that you print off a copy of these Terms and Conditions as and when payments for Products are made.

2.6 Your use of the Website and access to the information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all the terms and conditions set forth in these Terms and Conditions.

2.7 Any typographical, clerical or other error or omission on the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us (in any format whatsoever) will be subject to correction without any liability on our part.

2.8 All samples, drawings, descriptive matter, specifications and advertising provided by us and any descriptions or illustrations contained in our advertising material are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of the Order and for the avoidance of doubt, they shall have no contractual force and we accept no responsibility for any errors or omissions therein or for any loss or damage resulting from reliance on any such descriptions and/or illustrations.

2.9 All samples, drawings, descriptive matter, specifications and any descriptions or illustrations provided by us relating to the Products are the Property of the Company.

3. ACCEPTANCE OF TERMS AND CONDITIONS

A hyperlink to these Terms and Conditions is prominently displayed at the bottom of the Website homepage. A further link is provided immediately prior to online payments.

4. APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of Ireland. Both you and the Company hereby agree that the courts of Ireland shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with this Agreement and for such purposes irrevocably submits to the jurisdiction of such courts.

5. PRODUCTS

5.1 The Products are intended for human use and are described more specifically as to their specificity and their quality on the Website.

5.2 We shall be entitled to vary the design or specification of the Product before dispatching the Order. We will endeavour to give you notice of any such change by email before dispatching the Order.

6. ORDERS AND PAYMENTS

6.1 An order can be made online via the Website, via email to orders@mcallisterdistillers.com or can be made over the phone with a member of our team. The contract is concluded when we issue the Order Confirmation. The Order Confirmation Number included on the Order Confirmation should be quoted in all enquiries, cancellation or communications with us.

6.2 No order placed by you will be deemed accepted by us until acceptance of the order is issued by us at which point the contract shall come into existence or we deliver the Products to you.

6.3 Any modification or cancellation of the Order by you, from the moment the contract is concluded and prior to the date of dispatch of the Product, will be considered only if it has been sent by email by you to us. We will consider the request and will make a decision within 48 hours of receipt of such a request in writing from you.

6.4 All amounts stated or referred to in this Agreement, on the Website or in brochures or any other advertising material shall be payable in Euro unless otherwise invoiced. You may register an account with us for the purpose of making an Order. If making a payment for the Products through the Website, you will be required to submit your credit card information to us in order to pay for the Products.

6.5 We accept payment by electronic funds transfer (“EFT”) credit transfer, bank transfer, bank draft, debit or credit card. You must quote the Order Confirmation Number on the EFT.

6.6 In relation to Orders made online, over the phone or via email, the minimum Order is €15 (fifteen euro).

6.7 All taxes and customs duties are your responsibility, as well as any handling expenses.

6.8 We reserve the right at any time to change the prices. We are committed to informing you of a change in prices as soon as possible. The Products are invoiced on the basis of the price in place at the time of the formation of the contract.

6.9 Ownership of the Product does not transfer to you until the Order has been paid in full.

6.10 Orders must be paid in full before the Product is dispatched for delivery.

6.11 We may from time to time take Orders of Products which we have not yet launched at the time of the Order and are not yet ready to be dispatched. Where we accept a Order from you for such a Product, payment must be made immediately and delivery will take place within 30 days of us notifying you that the Product is ready to be dispatched for delivery.

6.12 Notwithstanding any other provision we may in our absolute discretion accept or reject any order placed by you for any reason whatsoever.

7. COOLING OFF PERIOD

7.1 If you have purchased a Product online via the Website, via phone or via email, you are entitled to a cooling-off period of 14 days which begins on the day that the Products are delivered to you. During the cooling-off period, you can return the Products without incurring charges or penalties.

7.2 You must inform us of the decision to cancel the Order by email. Upon cancellation, which must be within the cooling off period referred to above we will, upon receipt of the returned Products, repay all payments you made within 14 days.

7.3 The cost of returning the product will be borne by you. We will not be responsible for any damage caused by the courier on the return journey. All returns will be checked by us. If in our reasonable opinion the Products are not in the same condition as when they were delivered by or have missing components we reserve the right not to issue a refund to you.

8. DELIVERY

8.1 Delivery times are indicated on the Order Confirmation. These times are indicative only and a delay in delivery cannot give rise to cancellation of the Order or the payment of damages. Delivery shall not be later than 30 days from the Order Confirmation, unless otherwise agreed or save as set out in Clause 6.11.

8.2 We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay in delivery of the Products.

8.3 We reserve the right to deliver by instalments. Each instalment will be treated as a separate contract save that the delivery of further instalments may be withheld until Products contained in earlier instalments have been paid for in full. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

8.4 Delivery of the Products is arranged by us. You will be responsible for the cost of delivery.

8.5 If a modification is made to the Order, this will result in an extension of the indicated delivery times.

8.6 If you fail to accept delivery of any of the Products for any reason when they are ready for delivery, or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations, then unless such failure or delay is caused by a force majeure event and without limiting any other right or remedy available to us, risk in the Products will pass to you immediately (including the risk of loss or damage caused by our negligence) and the Products will be deemed to have been delivered.

8.7 We may store the Products until delivery whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance).

8.8 We may at our sole discretion re-sell or otherwise dispose of part or all of the Products and after deducting reasonable storage and selling we may account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.

8.9 You shall indemnify the Company for all additional claims, expenses, interest and costs which it may reasonably incur as a consequence.

9. NON-DELIVERY

9.1 We shall not be liable to replace any items which are damaged, delivered short or lost in transit howsoever caused unless we receive written notification from you of:
9.1.1 the damage or shortage within seven working days of you receiving the Products or
9.1.2 non-delivery within fourteen working days of the delivery date indicated on the Order Confirmation.

9.2 Any liability of the Company for non-delivery of the Products will be limited to replacing the Products within a reasonable time or issuing a credit note for the Products.

10. RETURNS

10.1 Save as otherwise provided in this Agreement we will not accept returns of the product.

10.2 If you wish to return the Products, you should contact us immediately by email to orders@mcallisterdistillers.com.

10.3 Where we receive notification by email in respect of a potential return of the Products, we reserve the right to inspect the Products.

10.4 The contractual rights which you enjoy by virtue of the Sale of Goods Act, 1893 (as amended) and the Sale of Goods and Supply of Services Act, 1980 are in no way prejudiced by anything contained in these Terms and Conditions, save to the fullest extent permitted by law.

11. INSURANCE AND RISK

The risk in the Products sold by us shall pass to you on delivery. We accept no responsibility for any loss of or damage to the Products howsoever caused after the risk has passed to you.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 All text, software, sound, information, content, photographs, graphics, video, page layouts, logos, design, button icons, images, trademarks, trade names and other material that is contained on the Website is protected by the laws of copyright, trademarks, database rights, service marks, patents or other proprietary rights under Irish law and international law.

12.2 We own or are licensed to use all intellectual property rights (including but without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the Website and Products, the software the provider uses to operate the Website and any data (including data obtained from you) generated by users of the Website. The Website is made available for personal use and you are not permitted to change, transfer, copy, store, publish, rent, licence, sell, distribute or create derivative works in any way any of these intellectual property rights.

13. INDEMNITY

13.1 In each case to the fullest extent permitted by applicable laws;
13.1.1 We shall not be liable to you for any indirect or consequential loss, damage, cost or expense of any kind which you may suffer or incur, which arises out of, or is connected with, a breach of these Terms and Conditions by us or of any other obligation of ours, (including, without limitation, any loss of opportunity, loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings), irrespective of whether the your claim for recovery in respect of that loss, damage, cost or expense is (or would but for this provision be) founded in contract, tort (including negligence) or otherwise, and irrespective of whether or not we have been advised of the potential for the loss in question; and
13.1.2 In no event shall our liability to you in respect of, or in relation to, or in connection with the Products, whether arising in contract, tort or otherwise, exceed the amount (exclusive of VAT) actually paid by you to us in respect of the relevant Products.

14. LIMITATION OF LIABILITY

14.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
14.1.1 any breach of contract; and
14.1.2 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Agreement.

14.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

14.3 Nothing in these Terms and Conditions exclude our liability:
14.3.1 for death or personal injury caused by our negligence; or
14.3.2 for fraud or fraudulent misrepresentation.

14.4 We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss or for any special, indirect or consequential loss costs, damages, charges or expenses however arising.

15. GENERAL

15.1 The failure or delay by us to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.

15.2 The headings used in these Terms and Conditions are for convenience only and shall not affect the meaning or scope of these Terms and Conditions or otherwise be given other legal effect.

15.3 These Conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties.

15.4 You agree that we shall carry no responsibility for non-fulfilment or delayed fulfilment of an Order owing to force majeure, war, acts of terrorism, riots, civil unrest, intervention by government or public authorizes, fire, strike or lock-out, export and/or import bans, shortage of labour, fuel or power or any other cause beyond the control of us which may delay or impede the delivery of the Products.

15.5 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the Website.

15.6 If any part of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

15.7 You hereby consent to the use of your data for the purposes of the Data Protection Act 2018 and Regulation (EU) 2016/679 (General Data Protection Regulation) or any legislation amending or updating the Data Protection Act of Ireland 1988.

15.8 Any notice or other communication to use in connection with the Products shall be in writing and shall be:
15.8.1 delivered by hand or sent by prepaid post to McAllister Distillers Limited, Chapel Street, Ahascragh, County Galway;
15.8.2 sent by email to orders@mcallisterdistillers.com
15.8.3 to such other address, as is from time to time notified in these Terms.

15.9 As per Article 14 of EU Regulation No. 524/2013 (the ODR Regulation), if you wish to make a complaint in relation to the Products, you can contact the ODR platform via the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

15.10 The Privacy Policy as accessed through the Website shall form part of these Terms and Conditions.