12. Cancellation, Returns and Refunds Policy
Our Cancellations, Returns and Refunds policy is shown below, if you have any further queries, please call +44 28 2073 3268.
If you are not entirely satisfied with your purchase, we want to help.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
1. If what you have bought is damaged, faulty or mis-described you may have a legal right to end the contract (or to get the product replaced) (see section 14 below)
2. If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Product you have ordered or these Terms which you do not agree to (see Section 2);
- we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed (see Section 5);
- there is a risk that supply of the Product you have ordered may be significantly delayed because of events outside our control (see Section 9);
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
- you must pay the cost of returning the Products to us; and
- you must return the Products to us without undue delay and in any event not later than 14 days after days after the day on which you informed us of your decision to cancel your order.
You do not have a right to change your mind in respect of Products which have been opened or unsealed after you receive them.
If you exercise your right to cancel as set out above, we will inspect the Product when it is returned to us and begin the process of refunding you once we have verified that it has not been opened, unsealed, used or damaged by you.
If Products are returned to us as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days of the receipt by us of the Products, then a refund will be made within 14 days of that date. We will not be responsible for re-delivery charges.
13. How to Cancel or Return Your Order
Returns and cancellations cannot be accepted or processed without prior authorisation, and a returns authorisation number being issued.
If you want to end the contract with us for any reason permitted by these Terms please let us know by emailing us as soon as possible at firstname.lastname@example.org or calling us on +44 28 2073 3268.
If you want to end the contract with us for any reason permitted by these Terms after the Products have been despatched to you or you have received them you must also return the Products to us.
If you are exercising your right to change your mind, you must send off the Product(s) to us at within 14 days of telling us you wish to end the contract, in the same condition they were received. If we do not receive the returned Products within 35 days of your cancellation, you will be deemed to have accepted the Products. At this point, a new purchase contract will arise and you will be charged the order price for the Products.
For information on the process for return of faulty or damaged goods, please see section 14.
We will only pay the costs of return of the Products to us:
a) if the Products are faulty or mis-described;
b) if you are ending the contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In such cases, you must pay for the return, and we will refund you for the costs as set out below.
Except as set out above, the return of the Product(s) is at your own cost.
Return of the Products is at your own risk, and you are responsible for ensuring that the Product(s) returned to us are suitably packaged and a valid receipt or invoice of purchase is included. Failing to comply with this may result in action against you for compensation or a part refund of your purchase for the returned product(s). Please allow up to 14 days for your return to be processed. You must address and send the Products via Royal Mail Tracked 48 to:
The Old Bushmills Distillery
2 Distillery Road
On receipt of the return, we will inspect the Product(s) and if we are satisfied that the Products are in the same condition as you received them and the return has been made in accordance with these Terms, we will issue you with a full refund of the price you paid for the Product (including any delivery costs, where we are paying for these as set out above) to the same method you used for payment, and you will be notified of your refund via email within 14 days. Refunds will be limited to the maximum value of the original order, including delivery charges. The maximum refund for delivery costs will be the costs of delivery by using the Royal Mail Tracked 48 service. We reserve the right to reduce the level of the refund if it is clear that the Products have been handled in such a way that their value has been reduced. If we refund you the full price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Refunds are normally processed as soon as receipt and inspection of the Products is carried out but to reduce any delays please enclose your name, address, contact details, and the original order number.
If you are exercising the right to change your mind, then your refund will be made within 14 days on which we receive the Product back from you.
14. If there is a problem with the Product
We are under a legal duty to supply Products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. If you exercise your legal rights to reject the Product you must:
- give us notice in writing, including a photo of the Product, showing that a Product is defective;
- give us 7 days to examine the photo of the Product; and
- return the Product to us. (please see section 13 on How to Cancel and Return Your Order).
If after receipt and inspection of the Products we are satisfied that the Products are faulty and:
a) you have notified us of the fault within 30 days of you receiving the Product, we may give you a full refund for the price of the defective Product (including the costs of return as set out in section 13) or replace the defective Product at your option;
b) you have notified us of the fault more than 30 days but less than 6 months since you have received the Product, we will either refund you the full price of the Product (including the costs of return as set out in section 13), or replace the defective Product at our option. Where the Product cannot be replaced, we will issue you with a full refund.
15. Personalised / Customised Orders
We reserve the right to reject or cancel any order for a customised / personalised Product. As the orders are clearly personalised for you, by their nature they cannot be returned or cancelled unless they are faulty or mis-described.
You must ensure that the text submitted with your personalised order is correct and complies with the conditions set out below, mistakes cannot be rectified.
By submitting any personalised order, you agree that The Old Bushmills Distillery Co. Ltd will have non-exclusive license to use the details you have provided. You will still own the copyright in your order but The Old Bushmills Distillery Co. Ltd with have the right to use, edit, alter, reproduce and/or distribute the materials contained. This license will be free of charge and The Old Bushmills Distillery will not be required to treat the details as confidential, will not be liable for any use or disclosure, and will not need to provide any compensation.
You must ensure that your personalised order details do not infringe in any copyright or trademark of any other person or business. Any details submitted must not contain any threatening, libellous, defamatory, obscene, pornographic, profane, constitute or encourage any unlawful act or promote irresponsible alcohol consumption.
16. Ending the contract
We may end the contract at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
- you do not, within a reasonable time, allow us to deliver the Products to you; or
- you commit any other serious breach of your contract with us.
If we end the contract in the situations set out in this section, in addition to any payment due from you and any other rights we may have, we may:
- terminate your order; and/or
- deduct or charge you compensation for net costs we will incur as a result of you breaking the contract.
If we end the contract in the situations set out above we will refund any money you have paid in advance for Products we have not despatched but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the contract.
We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
17. How We May Use Your Personal Information
18. Our Responsibility for Loss or Damage Suffered By You
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection (Northern Ireland) Order 1987.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Terms by reason of any delay in performing, or failure to perform, any of our obligations in relation to these Terms. If the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:-
- Act of God, explosion, flood, tempest, fire or accident;
- Epidemic or pandemic;
- War or threat of war, sabotage, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- Import or export regulations or embargoes;
- Strikes, lock-outs or other industrial actions or trade disputes;
- Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- Power failure or breakdown in machinery
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other to cancel the contract.