Terms of Sale (UK)
By placing your order and making payment through the Malts.com (https://malts.com) website (hereafter the Website) you have entered into a contract with Intervino Limited, for the provision of Whisky and Whisky related products (hereafter all called “Product(s)”). It is important you read these Terms of Sale (“Terms of Sale”) carefully before ordering any products through the Website because they govern our relationship with you in relation to your purchase. Please understand that if you refuse to accept these Terms of Sale, you will not be able to order any Product(s) from the Website. You may have other rights granted by mandatory law, and these Terms of Sale do not affect these except if the two are inconsistent. If this is the case then these Terms of Sale will override any other rights which you may have, unless this is not permitted by law.
- OUR SUPPLIER DETAILS
Intervino Limited, is a company registered in England and Wales at Companies House. Our registered office is Lencraft Distribution Centre Manby Road Louth Lincolnshire LN11 8HB and our registered number is 05659462 (“Intervino”). Our VAT number is 182708200.
You can contact Intervino by email at firstname.lastname@example.org or call us on 01507 602101
- WHO CAN PURCHASE FROM US?
To purchase products from Intervino and have your order fulfilled by us, you must be over 18 and resident of the United Kingdom. We can only deliver to the UK.
- HOW YOUR CONTRACT WITH US IS FORMED
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. You will have 2 hours from the point of order to change your delivery address/name. If you have any problems with your order, you should contact us via email at email@example.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(s) 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 (“Contract”) between 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 errors. If there are any problems with your order which we wish to query, you will be contacted by a representative from Intervino. Invoices shall be raised by Intervino and sent to you in an email.
- PRICE AND PAYMENT
Prices and delivery costs are liable to change at any time, but changes will not affect orders which have already been confirmed in the Dispatch Email. Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your order we will contact you and ask if you wish to proceed at the correct price. The prices for the Product(s) indicated on the Website and at checkout include all local taxes and duty, which may be payable in respect of the Product(s) but excludes the delivery costs which will be automatically added to the total amount due when you view your items in your shopping basket. All payments must be made at the time of order of the Product(s) by you. Payment for all Product(s) must be by credit or debit card or via PayPal. If we are unable to accept your order for any reason then we will, at our option, either reject your debit or credit card or refund any money paid by you in respect of that order. We will not dispatch the Product(s) until we receive payment in full. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. For payment by card, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
- DELIVERY, TITLE AND RISK
We aim to deliver Product(s) to you, to the delivery address you have requested in your order within the time set out in the Dispatch Email but we cannot give an exact delivery date. If we have not delivered the Product(s) within 10 days of the Contract 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.
We can only deliver Product(s) to addresses within the UK.
Ownership and risk of the Product(s) will pass to you on delivery.
- DAMAGED OR DEFECTIVE PRODUCT(S)
Subject to any specific warranties those implied by law, we do not offer any warranty or guarantee on our Product(s). You should inspect the Product(s) 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 goods we will either refund you or replace the damaged goods. We reserve the right to request you to return the Product(s) to our Customer Service Centre, at no cost to you. If you prefer to receive a replacement of the Product(s) we will replace the Product(s) at no extra charge to you where this is reasonably practicable. If we request you to return the Product(s) to us we will refund the cost of the return of the item to us by you. Nothing in this section affects your statutory legal rights.
- PRODUCT INFORMATION
We are a reseller and all obligations and responsibilities in respect of the Product(s) for returns, breakages and late delivery rest with us.
- LIMITATION OF LIABILITY
These Terms of Sale do not exclude our liability (if any) to you for:
- personal injury or death resulting from our negligence;
- fraud or fraudulent misrepresentation;
- 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;
- under Part 1 of the Consumer Protection Act 1987; or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
Subject to this, in no event shall we be liable to you for any business losses and we shall only be liable to you for reasonable losses which you suffer as a result of a breach of these Terms of Sale by us. Our liability for reasonable losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product(s) you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. 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 including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action. Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
- YOUR RIGHT TO CANCEL
You are purchasing product(s) that are deemed non-returnable, unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered. In these circumstances you can return them (where requested) and receive replacement goods or receive a refund from us. Please note once you have paid for your order, it cannot be amended, changed or cancelled unless we are notified in writing within 2 hours of the order being placed.
You must, where requested, return defective products to us within 14 days after the day of notifying us, in the same condition in which you receive them. If you have not returned the Product(s) within 14 days of cancellation or provided photographic evidence of the damaged goods when requested by us to do so, whichever occurs first you will forfeit your right to a refund. Should you item be returned to us due to non delivery your order can be refunded (minus the delivery charge) or we can re-deliver, however you will need to pay a redelivery charge.
You must ensure that you take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled. All refunds will be made by us within a reasonable time from the receipt by us of the Product(s). Where you paid for the Product(s) by a credit or debit card, refunds will be made by re-crediting your bank account from which the money was originally debited.
- OUR RIGHT TO REFUSE DELIVERY
We reserve the right to refuse delivery of the Product(s) ordered by you in the event that there is any profanity which includes but is not limited to any obscene, offensive, hateful, inflammatory or sexually explicit language.
- OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
We may not necessarily keep a copy of these Terms of Sale and your order. We advise you to print a copy of these for your information in the future. These Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract. The Contract and all communications between us will be conducted in English. The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of England and Wales. The English and Welsh courts will have an exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Sale or use of the website. If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them. A person who is not a party to a contract governing the Terms 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 of Sale expressly provide for such rights. All notices given by you to us must be given in writing to the address set out at the beginning of these Terms of Sale. We may give you notice at either the email or postal address you provide to us when placing an order.