Terms and Conditions of Sale
The following terms and conditions (the "Terms") apply to the sale of goods by us to you. Please read these Terms carefully before you submit an order to us for any products ("Products"), from shop.bushmills.com (the "Site"). You should print a copy of these Terms for future reference. By placing an order for any Products from us, this constitutes your acceptance of these Terms. If you do not agree with these Terms you must not use our Site or purchase any Products. Nothing in these Terms shall affect the statutory rights of any consumer.
1. About Us
This site is operating by The Old Bushmills Distillery Co. Ltd (we, us, our), a private registered company in Northern Ireland (company registration number NI000601), and its registered office at 2 Distillery Road, Bushmills, Co. Antrim, BT57 8XH N. Ireland. Please contact firstname.lastname@example.org if you have any concerns or queries in relation to these Terms.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Where the words "writing" or "written" is used in these Terms, this includes email.
2. Our Right to Make Changes
We may change these Terms, the Site and our Products to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements.
If we make significant changes to these Terms, the Products or the Site and it may affect an order you have placed with us, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not yet despatched by us (see sections 12 and 13 below).
3. Orders and Our Contract With You
To order Products using this website you must (i) be of legal drinking age in your country of residence and in any event, at least 18 years old. If you are ordering the Products as a gift for someone else, the recipient of the Products must be an individual and must also be 18 years of age or above; (ii) order the Products to a delivery address within the UK or Republic of Ireland, and (iii) only purchase Products for personal use. We do not deliver to addresses outside the UK or Republic of Ireland. Verification of your age (or the age of the recipient, if different) will be sought on delivery of any order. By placing an order with us, you represent to us that you are dealing as a consumer and that you are buying our Products for purposes unconnected to any trade, business, commercial or professional activity.
You, the buyer, warrant that the information you submit when placing an order is yours, or where you are providing someone else's information, that you have permission to provide us with the information, and that the information provided is complete, accurate and up-to-date. We will not be obliged to accept any order unless all the required details requested on the order form have been entered correctly. We shall not be liable to you (or to the recipient, where this is not you) for any losses, costs, damages, charges or expenses caused by any inaccuracy or errors in the information you have provided. You will have an opportunity to check and correct any errors in the information you have provided until you click the Pay Now button. After you have submitted an order, we will send you an order acknowledgement email containing details of the Product(s) you have ordered. Please note that this email is merely an acknowledgement of your order and does not signify acceptance of your order. We will treat each order for Products as an offer by you to purchase the Products subject to these Terms. Acceptance of your order and the completion of the contract between us will only occur when we send you an email confirming your order and providing you with an invoice of the transaction, together with an order number. Please use this order number whenever you contact us about your order.
We reserve the right to decline any order. Should this occur we will send you an email notifying you of our decision and we will not charge you for the product. Please note that we will not be required to provide you with an explanation.
4. Accuracy of Product Information and the Description of Products
The intention of The Old Bushmills Distillery is that all information on the website should be as accurate and up to date as possible. However we cannot guarantee that all information on the website is correct, and will not be held liable for any errors or omissions in the information on the website. Images, descriptive matter, specifications and advertising on our site can be subject to change without notice and so are provided for the sole purpose of giving an approximate description of the Products, with no guarantee of accuracy.
The packaging of the product may vary from that shown in images on our website.
5. Payment and Price
The total price payable for the Products (which includes VAT) will be stipulated at the time when you place your order, whether or not the order has been confirmed. All prices displayed on our Site are in GBP or Euros depending on the country from which you access the Site. We will take all reasonable care to ensure that the price of the product advised to you is correct, however prices may be subject to change if the price published for the Products is wrong. In all cases we will inform you of the correct price and give you the opportunity to cancel the order.
6. Payment Methods
You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the Products are correct, that the credit/debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Products. We accept Visa, MasterCard, Switch, Solo, Electron and Delta as forms of payment. On the order form you must provide us with your exact billing address and telephone number and the address and phone number your credit card holder has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed and accepted by us once authorisation of your credit card has been properly received. By placing an order, you, the buyer, consent to payment being charged to your credit/debit card account as provided on the order form. Title to the Products will pass to you, the buyer, on payment in full of the price of the Products. We will issue you with an electronic invoice once we have dispatched the Products to you. If you think an invoice is wrong, please contact us promptly to let us know.
7. Availability of Products
All Products and services are subject to availability and may be withdrawn at any time. If we do not have available Products in stock for any reason once you have placed your order, then we will not charge you for these and we will refund any money already paid for them in accordance with section 9.
We ship orders with DHL for the Great Britain and Fastway for Northern Ireland and the Republic of Ireland.
We cannot deliver to an address if it puts the health and safety of our service providers at risk. For example, when an address can only be reached by crossing dangerous terrain.
Unless otherwise stated, all prices on our website are exclusive of delivery charges which will be added to the price of the Products at our checkout. Delivery prices quoted are for most UK Mainland, Northern Ireland and Republic of Ireland addresses.
Isle of Man (IM), Scottish Highlands and Orkney Isles (PA, ML, EH, KA, G, KY, PH, DD, AB, IV, KW), Outer Hebrides and the Shetland Isles (HS, ZE) will incur additional charges (please e-mail us for a quotation) and may also experience delivery delays.
9. Delivery Times
You should note that we are only able to deliver to locations within the United Kingdom, Northern Ireland, and Republic of Ireland at present. The Products will be delivered to you, the buyer, or to the recipient specified by you, at the address you provide on the order form. We aim to deliver most stock items ordered by you within 1-3 working days of our acceptance of your order. We aim to deliver any personalised items ordered by you within 2 – 5 working days of our acceptance of your order. We will endeavour to deliver Products within the time stated. Any dates we specify for the delivery of the Products are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any failure to deliver on that date. If an item is temporarily out of stock, we will notify you of this position before you place your order and you should allow up to 14 days from the date of acceptance of your order for dispatch of the Products.
If our supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to inform you of the delay and we will take steps to try and minimise the effect of the delay. As long as we do this, we will not be liable for delays caused by the event
Where we indicate to you it will be more than 14 days from the date of acceptance of your order before your order is dispatched (whether due to temporary stock shortage or an event outside our control) you will have the right to cancel the order and we will refund any money paid by you for the Products.
If no one is available at the address you have stated on the order form at the time of delivery, and the Products cannot be posted through the letterbox, our nominated delivery service provider may leave you (or the recipient, where this is not you) a note to explain how to rearrange delivery or collect the Products from a local depot. If you (or the recipient, where this not you) do not re-arrange delivery or collect the Products from a delivery depot our delivery service provider, or us on behalf of our delivery service provider, may contact you for further instructions and our delivery service provider may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we or our nominated delivery service provider are unable to contact you or re-arrange delivery, we may end the contract and section 12 will apply.
As soon as we have delivered the Products to your door you will be responsible for them. We will only have Products delivered to the address on the order form and Products will not be left without a signature (except in exceptional circumstances). From the time of receipted delivery of the Products, any loss or damage to the Products shall be at your own risk. Any transit damage to the Products, shortages or incorrect Products supplied must be noted on the delivery consignment note at the time of delivery.
11. Time Limitation for Notification of Claims
If Products arrive in a damaged condition you should make a note on the carrier’s delivery consignment note and it will be your responsibility to inform us in accordance with section 14. It is your responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note. Any shortages of Product should be noted on the consignment note and it will be your responsibility to notify us within 5 working days from delivery of any shortages in Products received.
If we supplied you with a product or Products other than those ordered it is your responsibility to notify us of any incorrect Products supplied to return the Products to us in accordance with section 13.
The Old Bushmills Distillery Co. Ltd will not accept liability for Products lost in transit unless we are notified within 7 days of the expected delivery date.
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 email@example.com 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.
19. Other Important Terms
We may transfer our rights and obligations under these Terms to another organisation, and will inform you of this in writing and will ensure the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing in advance.
This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
These Terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in England or Wales you can bring legal proceedings in respect of the products in the English courts.
Last updated 29th May 2020