Standard Terms and Conditions of Business
1st December 2019
The terms and conditions of business contained in this document apply to all business conducted by City of Aberdeen Distillery Ltd as provided for in the following clauses.
ADefinitions & Interpretation
In this document, certain terms have special meaning.
- A.1 Supplier (“Us”/ “We”/ “Our”) means City of Aberdeen Distillery Limited; a company incorporated in Scotland whose registered office is at 3 Prospect Place, Arnhall Business Park, Westhill, Aberdeenshire, AB32 6SY. Company registration number SC547189.
- A.2 Customer (“You”) means the Company or individual purchasing or using a good or service from us, or using our Internet Services.
- A.3 Consequential Loss means pure economic loss, loss of profit, loss of business and likely loss whether direct or indirect.
- A.4 In Writing means written or typed in some way on paper or other physical medium.
- A.5 Intellectual Property Rights (“IP Rights”) means any and all patents, patent applications, know-how, trade marks, trade mark applications, trade names, registered design, copyright, database rights or other similar intellectual property rights created, developed, subsisting or used in connection with the Specified Service and whether in existence at the date hereof or created in the future.
- A.6 Internet Services means any service provided by us via our website or an app.
- A.7 Products means any goods which we supply to you.
- A.8 Services means any non-physical goods which we supply to you – for example, a service, Internet Service, space hire.
- A.9 Spam means sending unsolicited and/or bulk emails;
- A.10 Terms, Contract and Agreement mean this document and the terms and conditions herein.
- A.11 Trading Address – our trading address is City of Aberdeen Distillery & Gin School, Arch 10, Palmerston Road, Aberdeen, AB11 5RE, UK.
- A.12 Virus means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
- A.13 Website means any of our websites and also includes any other Services we may make available whether via our websites or any other online platform or “app”.
BGeneral Terms of Business
- B.1 The clauses of this document form a legally binding contract between You and Us. All Products and Services supplied to You by Us are subject to the Terms of this agreement.
- B.2 These Terms apply whether a contract is agreed in person, via telephone, on our website or by any other means.
- B.3 These Terms also apply where we make a supply to you where a cash amount is not exchanged. For example, we may allow you to use our venue without charging a cash amount in exchange for something of value to us. An example might be allowing you to host an event at our venue and in exchange we are able to market to your customers or you grant us an IP rights licence.
- B.4 You may place an order with Us either in-person, by telephone or online. You must check that the order you are placing is what you intended to place. Please take time to do this and in particular please ensure that your billing and delivery addresses are correct.
- B.5 We do not accept any responsibility for a failed or delayed delivery due to incorrect address details being provided. Should this occur, we reserve the right to charge an additional postage fee (and any other additional fees that we may face).
- B.6 Orders are only considered to be accepted and therefore a contract made when they are dispatched and We send You a dispatch confirmation.
- B.7 Where We discover that We cannot supply a product for any reason (e.g. no stock), or that an offer has been used that You were not eligible for or We discover an error in the order process (including an incorrect price) We reserve the right to cancel Your order or not process Your order. In this case You will receive a full refund of what You have paid.
- B.8 We always try to ensure the prices shown are correct. However, it is possible that a price quoted is not correct. Where a price has been incorrectly stated, for any reason, We do not have to sell the item to You at the incorrect price.
- C.1 Many countries restrict young person’s access to alcohol. In Scotland and in the UK it is not permitted to sell or supply alcohol to a person under 18 years of age.
- C.2 You may only purchase alcohol from us if you are at least 18 years old.
- C.3 You may not purchase alcohol from us that is intended for supply to someone under the age of 18 years old.
- C.4 Where you are in the UK, or you direct us to deliver alcohol to an address in the UK, you warrant that the person taking delivery will be over-18 years of age.
- C.5 If you are not in the UK, or the delivery address is not in the UK, then you must check the local regulations as regards alcohol sale/supply to persons of a certain age. By placing an order, you warrant to us that it is lawful for you to purchase and for us to supply alcohol to the delivery address or person.
- C.6 If you breach these warranties then you will be liable for any costs we incur. We may also choose to end our contract with you and deduct any such cost from the account used to pay for your order.
DAcceptable Use Policy for Website and other Services
- D.1 You may only use our Website for lawful purposes
- D.2 You must not submit, publish or display any content that breaches any law, statute or regulation. In particular, you agree not to:
- D.2.1 use the Internet Services in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
- D.2.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
- D.2.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
- D.2.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
- D.2.5 engage in illegal or unlawful activities through the Internet Services;
- D.2.6 make available or upload files to the Internet Services that the End-User knows contain a virus, worm, trojan or corrupt data; or
- D.2.7 obtain or attempt to obtain access, through whatever means, to areas of the Supplier's network or the Internet Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
- D.2.8 operate or attempt to operate IRC bots or other permanent server processes.
- D.2.9 do anything that is done in order to either search for or exploit any weakness in security of the Services.
- D.3 You have full responsibility for the content that you upload to our websites. For the avoidance of doubt, We are not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of our website.
- D.4 If You fail to comply with this Acceptable Use Policy We shall be entitled to withdraw the services without notice.
- E.2 We take your privacy very seriously and do everything we can reasonably do to protect any data that we collect. The information we collect is used to tailor our site to what you like – this can include both content (from us) and advertising (from others).
- E.3 Where we share data, we do so within the strictures of the legal framework set out in Scottish, UK and EU law. This includes where we share data with those out with the EU.
- E.4 We may collect any information that you enter, either manually or automatically on your behalf, into our website or order entry system (e.g. by telephone).
- E.5 We use the information that you give us to provides services to you. This includes the website, orders, customer services and marketing. We also use it to enable us to run our business and protect against fraud.
- E.6 We only retain information for as long as is necessary to carry out the function it was collected for. For example, order details may be kept for several years as required by company and tax law.
- E.7 We share information in certain limited ways. For example, we share details as part of order processing in order to detect and prevent fraud. We also incorporate hooks to social network sites – we have no control over the social networks but if you are logged into them then they will know you have visited our site. Please inspect their privacy policies for more information on this.
- E.8 If you have any concerns regarding your personal information, please get in touch via our contact us facility so that we can assist you.
- E.9 Cookies are small text files which your browser creates as you browse a website. The cookie records that you have visited a website and so, if you return to that site, it can help create continuity between sessions.
- E.10 Cookies are also used by social media sites and by Google – these track you through the internet and are used to deliver marketing to you as well as provide value added services.
- F.1 See specific competition terms
- G.1 During the Gin School experience, you design and make a bottle of gin to your own recipe.
- G.2 This is an exciting experience and we want you to enjoy it safety.
- G.3 Our distillery is built under the live railway – you will hear (and feel!) several trains pass overhead during the experience.
- G.4 The floor of the distillery is the original 1800’s floor and it has seen a lot of action. It’s neither smooth nor level. You must be careful when walking around and we strongly recommend wearing practical footwear.
- G.5 During the experience you will have access to strong 96% pure alcohol. Do not drink this. It is far too strong to drink and will be harmful. We have aprons and safety googles available for you to wear – this is to keep the alcohol off of your clothes (it will remove the colour) and out of your eyes (every bad). Please wear them.
- G.6 As we are a distillery, we have a lot of pure alcohol on site. This is highly flammable. Please do not introduce any sources of ignition – for example do not light any flames or smoke/vape.
- G.7 You will use a mini copper still when you distil your gin. The heaters on these can get up to 400°C and the vapour from the still can be up to 100°C. Please do not touch the heaters or mini-stills once they are switched on. Do not drink the distillate.
- G.8 We will be there to assist you throughout the gin making experience – You must listen carefully to all instructions and comply with those instructions. If you have any question or are unsure – please ask. We are there for you.
IPhotography, Video and other media our premises
- I.1 We have spent a lot of money on the design and aesthetic of the distillery; it is a curated space with great visual value.
- I.2 We do not permit any photography, video or other media to be made that includes images or representation of the distillery without agreement to these conditions.
- I.3 It is a condition of entry into our Distillery that anyone making such media warrants that they have the ownership or authority of such IP Rights that may be generated. For example, if they normally are employed by someone else who would normally own their work then they warrant that they are entering in a personal capacity or that they have the authority of their employer to grant such rights. Any costs that result from a breach of this warranty will be borne joint and severally by both the private individual and such employer.
- I.4 It is a further condition that a non-exclusive, irrevocable and transferrable licence to use such photography, video or other media (of any kind) is granted to Us. This licence allows us to use such photography, video or other media as we see fit with no accreditation required by us.
- I.5 While this is the legal position, we will always work with photographers in order to help promote their business as we reasonably can.
- J.1 The distillery is available for hire – please contact us to discuss your proposal.
- K.1 Delivery costs are displayed on the website as part of the ordering process. There is usually a free delivery option for orders above a certain value, a standards delivery option and a “next day” delivery option.
- K.2 Note that were a product is custom made for you, or we have to obtain supply of a product – “next day” may not get to you on the next day. It will be next day from when the item leaves our distillery. We will always try to alert you to this where relevant.
- K.3 We use a range of delivery carriers depending on the service chosen and the location.
- K.4 The delivery carrier will generally try to make delivery to the delivery address given by you during the ordering process. If no one is available at the delivery address then they may leave the parcel in a safe place, or with a neighbour, or leave a note with instructions on how to obtain your delivery.
- K.5 Delivery is considered to be complete once the delivery carrier has taken one of the actions in the previous paragraph.
- K.6 You must notify Us of any delivery problems as soon as possible. Deliveries are usually completed within a week of dispatch. Where we have not heard from you within 28-days of dispatch, the delivery will be deemed to have been successfully completed.
- L.1 We want you to be delighted with your purchase
- L.2 Where an item is purchased in-person, there is no right of return unless the goods are faulty.
- L.3 Where an item is purchased remotely (e.g. by telephone or Internet), and it is delivered to you, you have a right to return the item within 14 days of receiving it.
- L.4 The right to return does not apply in respect of goods which have been sealed for health and safety reasons, and you have broken the seal.
- L.5 Where you return a product, you must ensure you send it to our Trading Address. We recommend using an insured service as we are only required to refund what you paid when the item arrives back. You are responsible for paying the return cost where you have changed your mind.
- L.6 When returning an item, you must let us know your name and order details so that we can identify the order.
- L.7 Where an item is returned because of change of mind, but has been used or damaged then we may reduce the amount we refund (possibly to zero) if it is no longer in a saleable condition.
MLimitation of Liability
- M.1 We only supply products and services for domestic and private use. You agree that you are purchasing our products for this purpose and agree not to use them for any commercial or business purpose. We have no liability to you for any loss of profit, business, business opportunity or business interruption.
- M.2 Except in respect of death or personal injury caused by the Supplier's negligence, or as expressly agreed in writing between the parties, the entire liability of the Supplier under or in connection with this Agreement shall not exceed the amount paid by you to us.
- M.3 Nothing in these Terms shall limit or exclude the Suppliers liability for personal injury or death caused by negligence.
- M.4 The Supplier shall in no circumstances be liable to You for any consequential loss.
- M.5 You agree to indemnify Us against all losses, costs, liabilities or expenses incurred by Us in connection with these Terms unless caused by our negligence, wilful default or fraud.
- M.6 While we will always attempt to fulfil your order in a timely manner, we will not be liable for events outside of our control. Examples of events outside our control include (but are not limited to) strike, natural disaster, fire, etc.
- N.1 Unless otherwise indicated, all content on our website is Copyright 2020 City of Aberdeen Distillery Ltd. All rights are reserved.
- N.2 You may not use any part of the content of our website without first obtaining a licence to do so from us.
- N.3 We do not claim the IP Rights to certain items which we refer to on our website which already belong to someone else.
- N.4 We occasionally make “media packs” and “Press releases” available for others to use, The following applies to our “media packs” and “Press releases”: “You are hereby granted a non-exclusive, royal-free licence to reproduce this media pack/press release in whole or part along with associated pictures for the purpose of positively reporting on this story.”
- N.5 We shall retain ownership of all Intellectual Property Rights of whatever nature and, if registrable, whether registered or not, in all documents or other material and data or other information and devices or processes provided or created by Us in the execution of this agreement.
- N.6 Where appropriate, We shall be deemed to have asserted our moral rights over any documents or other material provided or created by Us in execution of this agreement.
- N.7 You warrant to Us that no documents or other material and data or other information and devices or processes will be provided to Us by You which infringe any third party intellectual property rights;
- N.8 In the event that a claim for the infringement of third party Intellectual Property Rights is made or intimated against Us in relation to documents or other material, data and other information or devices and processes provided to Us by You or which You dictated should be used by Us in the provision of this agreement, You shall indemnify Us against any and all costs, expenses, damages or other losses suffered or payments made by Us in connection with the claim and any associated judgment or settlement.
- O.1 We shall not be liable to You in any manner or be deemed to be in breach of any contract with You because of delay in performing or any failure to perform any of the Suppliers obligations due to Force Majeure.
- O.2 For the purposes of this clause, “Force Majeure” means any cause preventing Us from performing any or all of Our obligations which arises from any cause beyond Our reasonable control including without limitation:
- O.2.1 Government actions, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage or requisition;
- O.2.2 Act of God, fire, explosion, flood, epidemic or accident;
- O.2.3 Labour disputes not including disputes involving the Suppliers work-force; or
- O.2.4 Inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.
PRetention of Title
- P.1 Title to Goods and Services shall remain with Us and shall not pass to You until the purchase price has been paid in full and received by Us. Until title to the Goods and/or Services passes:
- P.1.1 We shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods/Services;
- P.1.2 We and our agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Products or any part are stored, or upon which we reasonably believe them to be kept;
- P.2 Irrespective of whether title to the Goods remains vested in Us, risk in the Goods/Services shall pass to You upon delivery.
- Q.1 We may amend or supplement these Terms at any time.
- Q.2 Amendments to reflect a change of law or regulation may, if necessary, take effect immediately. Other amendments will take effect on the date specified.
- Q.3 The terms that apply to your order will in general be the terms that were in force at the moment you placed the order.
RThird Party Terms and Conditions
- R.1 We use certain tools and add-ins in our Website and Services that may include their own terms and conditions. These terms and conditions may impose conditions or have an affect on privacy or acceptable use. Your attention is specifically drawn to the following terms and conditions which we are required to pass on and incorporate into this agreement:
- S.1 We shall not be liable to You or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Our obligations in relation to this agreement, if the delay or failure was due to any cause beyond Our reasonable control.
- S.2 The terms of this Agreement represent the entire agreement between the parties and supersede any previous representations or agreements whether recorded in writing or otherwise.
- S.3 Nothing on our website should be taken as advice of any kind. While we do our best, we do not guarantee that the information is correct or current. The information should be taken as general information only.
- S.4 We may transfer our rights and obligations in this agreement to another organisation. This will not affect your rights or obligations under this agreement.
- S.5 You may only transfer your rights or obligations under this agreement to another party if we agree to such a transfer in writing.
- S.6 This agreement is between You and Us. No other party shall have the right to enforce any of its terms.
- S.7 Both parties agree that the terms of this Agreement are fair and reasonable in all the circumstances.
- S.8 If any provision of these Terms is held to be invalid or ineffective, it will not affect any other provisions.
- S.9 It is agreed that this Agreement will be governed and construed according to the laws of Scotland and the parties submit to the non-exclusive jurisdiction of the Scottish Courts.
- S.10 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
- S.11 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.