TERMS AND CONDITIONS OF SUPPLY

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.retail-gordonandmacphail.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

We recommend that you print a copy of these terms and conditions for future reference.

Please tick the box provided if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. INFORMATION ABOUT US

We operate the website www.retail-gordonandmacphail.com. We are Gordon & MacPhail which is a trading name of Speymalt Whisky Distributors Limited, a company registered in Scotland under company number SC37522 and with our registered office at George House, Boroughbriggs Road, Elgin, Moray, Scotland, IV30 1JY. Our VAT number is GB266070562.

2. SERVICE AVAILABILITY

We only deliver orders to addresses within the United Kingdom.

3. YOUR STATUS

By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old; and
(c) you are legally entitled to buy alcohol in the country in which you are resident.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Other than as provided in condition 10.6, after placing an order, you will receive an e-mail from us acknowledging receipt and confirming your order an e-mail that confirms your order (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

5. OUR PRODUCTS

5.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products.

5.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.

6. CONSUMER RIGHTS

6.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).

6.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.3 You will not have any right to cancel a Contract in respect of:
(a) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(b) Products which have been made to your specification (for example bottles bearing personalised labels).

6.4 This provision does not affect your other statutory rights as a consumer.

7. AVAILABILITY AND DELIVERY

7.1 Your order will be fulfilled by the delivery date set out during the order process. If no delivery date is specified, then delivery will take place within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.

7.2 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

7.3 If you have asked to collect the Products from our premises, you can collect them from us at any time during our working hours of 08:30 and 17:00 on weekdays (excluding public holidays) and Saturdays.

8. RISK AND TITLE

8.1 The Products will be your responsibility from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9. IF THERE IS A PROBLEM WITH THE PRODUCT

9.1 If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 01343 545 111 or write to us at info@gordonandmacphail.com and George House, Boroughbriggs Road, Elgin, Moray, Scotland, IV30 1JY.

9.2 We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms affects you statutory rights as a consumer.

10. PRICE AND PAYMENT

10.1 The price of the Products and our delivery charges will be the price indicated on our website when you placed your order, except in cases of obvious error.

10.2 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

10.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

10.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard, and American Express debit and credit cards. Payment using these methods will incur a transaction fee of 1.9% of the total transaction + 20p. We will charge your credit or debit card as soon as we issue the Order Confirmation. If for any reason payment cannot be made on our site using these payment methods, we will contact you using the details you have provided to obtain payment for the Products over the telephone. Once payment has been taken from you, you will receive a confirmation email and the contract will only be formed once you have received this email.

11. OUR REFUNDS POLICY

11.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which we received the returned Product from you. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

(b) for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

11.2 We will refund any money received from you using the same method originally used by you to pay for your purchase, unless you have expressly agreed otherwise.

12. WARRANTY

We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

13. OUR LIABILITY

13.1 If you are contracting as a business, subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

13.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.