Terms & Conditions
These B2B Webshop Terms and Conditions apply to all persons placing an order through Midleton Distillery Collection at midletondistillerycollection.com (the “Site”) and by placing an order on the Site you agree to and accept them on behalf of the company placing the relevant order. If you do not agree, do not place an order. Your use of this Site is also governed by the Site Terms and Conditions at [www.midletondistillerycollection.com]. If you place an order, you should print a copy of these Webshop Terms and Conditions for future reference. By placing an order, you warrant and undertake that you are permitted to do so on behalf of the corporate customer for which you are acting, and if you are not so permitted you will be responsible for the performance of the corporate customer’s commitments.
By placing an order, you warrant and undertake that you are permitted to do so on behalf of the corporate customer for which you are acting, and if you are not so permitted you will be responsible for the performance of the corporate customer’s commitments.
THE PERSON PLACING THE ORDER AND ITS INTENDED RECIPIENT MUST BE OF LEGAL DRINKING AGE IN THEIR COUNTRY/COUNTRIES OF RESIDENCE TO PLACE ANY ORDER ON THIS SITE. IF EITHER ARE NOT, DO NOT ATTEMPT TO PLACE AN ORDER. VERIFICATION OF YOUR AGE AND THE RECIPIENT WILL BE SOUGHT ON DELIVERY OF ANY ORDER AND WE RESERVE THE RIGHT NOT TO COMPLETE A DELIVERY IF THE RECIPIENT’S AGE CANNOT BE SUFFICIENTLY VERIFIED. YOU MUST COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF YOUR COUNTRY OF RESIDENCE AND, IF DIFFERENT, THE COUNTRY FOR WHICH THE PRODUCTS ARE DESTINED. WE WILL NOT BE LIABLE FOR ANY BREACH BY YOU OF ANY SUCH LAWS.
Information about us
This Site is operated by Irish Distillers International Limited, a private company registered in Ireland with company number 15558 and having its registered office at Simmonscourt House, Simmonscourt Road, Ballsbridge, Dublin 4, Ireland and its affiliates (“IDIL” or “We”). Please contact [email protected] with any questions regarding the Webshop or concerns you might have in relation to this Site or these Webshop Terms and Conditions.
By placing an order through our Site, you warrant that both you and any order recipients are of legal drinking age in the applicable country of residence and are legally capable of entering into binding contracts and that all parties are of legal drinking age in their country of residence. You also warrant that you will at all times comply with all applicable laws and regulations of your country of residence and, if different, the country for which the products are destined. Use of the Webshop is for business use only and by placing an order you warrant that you are not acting as a consumer.
Rare & Limited Edition Products
Please note we may limit purchase quantities for rare or limited edition products. If you select a higher quantity your order may not be processed.
The prices and products displayed on our Site are an invitation to treat only. An order to purchase the goods from the Site is an offer by you to purchase the goods indicated in your order form. We are not obliged to accept your order. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation email.
Our Site changes regularly and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. 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 of such rejection. We are under no obligation to provide a product to you at an incorrect lower price, even after we have sent you a dispatch confirmation email, if the pricing error is obvious and could have reasonably been recognised by you as a mis-pricing. Unless otherwise stated all prices are inclusive of Valued Added Tax (VAT) and delivery charges, which will be quoted before you conclude an order.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched. The agreement between us will only be formed when we send you an email confirmation of dispatch of the items to the intended recipients. The agreement will relate only to those products whose dispatch we have confirmed and we will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation email.
Duties and taxes
If you order products from our Site for delivery outside Ireland they may be subject to import duties and taxes which are levied when the delivery reaches the delivery destination. You will be responsible for payment of any such import duties and taxes on behalf of the recipient. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Delivery, Risk & Title
We endeavour to ship all goods within 2-4 working days of receiving your order, depending on availability, via our delivery partner. Please note that once your order is submitted you cannot change the address(es) for delivery. Goods will be delivered to the address(es) indicated on your order form.
Please ensure there is a person (of legal drinking age only) available at your chosen delivery address(es) during daytime hours to receive the order from the courier.
Products ordered will be at your risk from the time of delivery. Ownership of products will only pass to you when we receive full payment of all sums due, including delivery charges.
To check on the status of your order, please email us at [email protected] including your sales order number.
Cancellations & Returns
IDIL insists on outstanding quality, value and service.
You have the right to cancel an order within seven (7) days of the recipients receiving the product(s) purchased by notifying us in writing, unless your order was made to certain specifications or personalised for the recipient, in which case you cannot cancel the order. Please note the section below entitled “Customised Orders” in that regard.
To cancel an order, you or the recipient must return the product(s) purchased to us immediately in the same condition in which it was received, at your own cost and risk and enclose with it a valid proof of purchase (i.e. the invoice or receipt that accompanied the order). You, as purchaser, will receive a full refund of the price paid for the products. You and the recipient must take reasonable care of products while they are in your possession. You are liable for any damage done to the item(s) while in possession of the recipient, and if the item(s) are damaged this may affect your right to return the item(s) and receive a refund. If you fail to comply with this obligation, we may have a right of action against you for compensation.
If you are unsatisfied with your purchase, you may return it for a full refund, provided that it is in the same condition in which it was received. Either party (you as purchaser, or the recipient) may mail it back, at your own cost and risk, with the return form and label with your shipment. Please allow at least 14 business days from the day the package is returned for your return to be credited or exchange made. If you no longer have the return form, address your prepaid, insured package to:
The Midleton Distillery Experience, Distillery Walk, Midleton, Co. Cork, Ireland
On receipt of returned products, we will examine the product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you. Be sure to include their name, address and daytime phone number. Please note that you are responsible for any postage or insurance costs on returned merchandise. Proof of purchase will be required – for this purpose, the sales order number that you are provided with at the point of ordering will be sufficient.
We reserve the absolute right to reject or cancel any customised order placed on the Webshop in accordance with the below terms. Because customised orders are clearly personalised for you and, by reason of their nature, they cannot be returned, a customised order cannot be cancelled. Therefore, you must ensure that the text submitted with your customised order is correct and complies with the below terms, as mistakes cannot be rectified.
By submitting any customised order (the “Submission”), you agree to grant IDIL a non-exclusive licence to use that Submission. Although you will still own the copyright in your Submission, IDIL will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Submission. This licence will be free of charge, perpetual and capable of sub-licence. IDIL will not be required to treat the Submission as confidential and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. IDIL may exercise all copyright and publicity rights in the material contained in your Submission in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
You must ensure that your Submission does not infringe any copyright, database right or trade mark of any other person unlawfully and that it does not contain any threatening, libellous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct or would tend to encourage or promote irresponsible alcohol consumption (collectively the “Inappropriate Material”) or the names of public individuals or celebrities that you do not have the right to use. By submitting your Submission, you are warranting that you have the right to grant IDIL the non-exclusive copyright licence described above and that it does not contain any Inappropriate Material. If you are not in a position to grant such a licence or to warrant that it does not contain Inappropriate Material, please do not submit the Submission. IDIL reserves the right to alter or amend any Submission prior to publication (if any) so that any Inappropriate Material is deleted.
You agree and understand that you shall have no claim against IDIL, its customers or its licensees in the event a Submission similar to yours is used or designed.
Safe Shopping at Midleton Distillery Collection.com
IDIL has endeavoured to make shopping at MidletonDistilleryCollection.com as secure as possible by the means of our secure server which encrypts all personal information including credit or debit card numbers and the personal data of the recipients uploaded by you. Whilst every attempt has been made to ensure that unauthorised third parties will not obtain your card details, IDIL cannot accept liability where personal data has been obtained by an unauthorised third party due to circumstances beyond the control of IDIL or errors made by users of the IDIL website in forwarding the information to us.
Our liability to you
We warrant that any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. All other warranties are excluded, to the extent permitted by law. Our liability for losses you suffer as a result of us breaching this agreement is strictly limited (to the extent permissible by law) to the purchase price of the product you purchased (or, where you have purchased more than one product, the total purchase price for all the products you have purchased in the last 12 months). We are not responsible for any indirect losses which happen as a side effect of the main loss or damage.
In this clause the terms “controller”, “personal data”, “personal data breach”, “process” and “processor”, shall have the meanings given to them in Regulation (EU) 2016/679 (the “GDPR”).
When we store any contact details on your half for use in future orders, we are acting as a processor on your behalf (and in all other cases we act as an independent controller in respect of all personal data processed via the Site). In circumstances where we act as a processor for you, we shall:
— only process personal data in compliance with documented instructions from you in accordance with the functions of our Site, including with regard to transfers of personal data to countries outside the European Economic Area (unless required to do so by EU or Member State law, in such a case, IDIL shall inform the Corporate Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest);
— ensure that those of its personnel authorised to process personal data under this Agreement have committed themselves to maintain the confidentiality of the personal data or are under an appropriate statutory obligation of confidentiality in relation to such personal data;
— notify you upon becoming aware of any personal data breach in relation to the personal data processed on your behalf;
— take all measures required by Article 32 of the GDPR including, taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the implementation of appropriate technical and organisational measures to ensure (and to be able to demonstrate) that processing is performed in accordance with the GDPR;
— at your additional cost, assist you by appropriate technical and organisational measures, insofar as this is possible, to enable you to fulfil its obligations to respond to requests for the exercise of rights by a data subject under the GDPR;
— at your additional cost, assist you in ensuring compliance with its obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of the processing and the information which is available to IDIL;
— on termination of the Agreement, delete any personal data we are processing on your behalf as a processor; and
— at your additional cost,make available to you all information necessary to demonstrate compliance with the obligations set out in this Schedule and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you. You will accept an audit report prepared by us as comprehensive evidence of our compliance with this clause, unless there is evidence that it is insufficient in scope of detail to meet your legal obligations.
IDIL may appoint a third party to sub-process personal data on its behalf (a “sub-processor”) from time to time, and we will provide further information about such sub-processors via our Site. IDIL shall remain liable for the performance of its obligations under this Agreement notwithstanding the appointment of any sub-processor, and shall ensure that any sub-processor is bound by an agreement containing obligations no less strict than those set out in this agreement.
Transfer of rights and obligations
Any agreement between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of an agreement, or any of your rights or obligations arising under it, without our prior written consent. This includes any transfer, assign, charge or disposition to the recipients of items through the B2B platform, who are not a party to this or any other agreement between you and IDIL as a corporate customer as these agreements do not give rise to any third party rights. We may transfer, assign, charge, sub-contract or otherwise dispose of an agreement with you, or any of our rights or obligations arising under it, at any time.
Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations owed to you that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): industrial action; civil commotion, invasion, terrorist attack or threat of terrorist attack, war, fire, explosion, natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Our performance under any agreement with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the agreement with you may be performed despite the Force Majeure Event.
Revisions of the Webshop Terms and Conditions
These Webshop Terms and Conditions may be revised from time to time. You should revisit them each time you use the Webshop to familiarise yourself with the up-to-date version.
These Webshop Terms and Conditions shall be governed by the laws of Ireland. If any disputes arise in connection with the application or interpretation of them, they shall be submitted to the non-exclusive jurisdiction of the courts of Ireland. If any of the Webshop Terms and Conditions are found to be invalid by a court of law, the remaining terms will continue to be valid and enforceable.