Please see below our Terms & Conditions under the following headings:
1. Introduction
Our Terms & Conditions
1. Introduction
1.1 In these Conditions:
“Seller”means The Personalised Scotch Whisky Company limited a company incorporated in August 2004.
“Buyer”means the person whose order is accepted by the Seller
“Goods”means all goods and/or services which are supplied to the Buyer by the Seller under any contract between them
“Conditions”means the standard terms and conditions of sale set out in this document and including any special terms and conditions included in the Seller’s quotation or otherwise agreed in writing between the Buyer and the Seller
“Contract”means any contract between the Seller and the Buyer for the purchase and sale of Goods
1.2 Any reference in these Conditions to any provision of a statute or statutory instrument shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.1 Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller. In either case these Conditions shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to the Contract shall be binding unless agreed in writing by the authorised representatives of the Buyer and the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.4 For ‘First time’ business the Buyer will be subjected to the Sellers pro forma system for the first three orders placed. Thereafter 30 days will be granted.
2.5 All prices quoted are nett costs and will be subjected to VAT at the current percentage rate.
2.6 All quotations will be valid for 30 days from date of issue, unless otherwise stated. Repeat orders may be subject to change without notice.
3. Orders
3.1 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).3.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.3.3 No order which the Seller has accepted may be cancelled by the Buyer except with the Seller’s agreement in writing and on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages and expenses incurred by the Seller as a result of cancellation
4. Price4.1 The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid) the price listed in the Seller’s price list current at the date of acceptance of order. All prices quoted are valid only for the particular order which the Buyer makes.
4.2 Except as otherwise stated under the terms of any quotation and unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller on an ex-works basis and, unless the Buyer collects the Goods, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
4.3 The price is exclusive of value added tax or any other applicable sales tax, which the Buyer shall be liable to pay to the Seller in addition to the price.
5.1 The Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery unless by the Buyer or if the Buyer wrongfully fails to take delivery of the Goods in which event the Seller shall be deemed to have tendered delivery of the Goods.
The Buyer shall pay the price of the Goods as invoiced in full within 30 days of the date of the Seller’s invoice, notwithstanding that delivery may not have taken place and the property in the
5.2 Goods has not been passed to the Buyer. The Buyer shall not be entitled to make any deduction from such payment or exercise any right of set-off or contribution whatsoever arising. The time of payment of the price shall be of the essence of the Contract.
5.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall (at its option) be entitled to
5.3.1 Cancel the contract and/or suspend any further deliveries to the Buyer; and
5.3.2 Charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of 4% per annum above Bank of Scotland plc’s base rate from time to time, until payment in full is made.
6. Delivery6.1 Delivery of the Goods shall be made ex-works and the Goods will be collected by our carrier chosen by the Seller unless the Buyer shall specifically nominate a carrier.
6.2 Any dates quoted for delivery of the Goods are approximate only. The Seller shall not be liable for any delay in delivery of the Goods and time shall not be of the essence in respect of any delivery dates given. The Goods may be delivered early by the Seller on giving reasonable notice to the Buyer.
6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4 Without prejudice to the other terms hereof if the Seller fails to deliver the Goods for any reason other than a cause beyond the Seller’s reasonable control or the Buyer’s fault, the liability of the Seller shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.5 If the Buyer fails to take delivery of the Goods then, without prejudice to any other right or remedy available to the Seller, the Seller may:
Store the Goods until actual delivery and charge the Buyer for the reasonable costs, including insurance and storage; or
Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for any excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7. RiskThe risk of loss and damage to the Goods shall pass to the Buyer immediately on delivery. The Buyer shall report any damage to the Goods during transit to the Seller within 24 hours of receipt.
8. Trade MarksThe Buyer will not do or authorise any third party to do any act which would or might damage or be inconsistent with the trade marks used by the Seller in relation to the Goods or to the goodwill associated therewith and, in particular, will not do or authorise the alteration, obliteration, covering up or incorporation of other marks (in whole or in part) on to the Goods. All advertising, promotion and selling materials supplied by the Seller to the Buyer shall remain the property of the Seller and the Buyer shall not permit any other person to make use thereof.
9.1The Seller shall not be responsible for any delays in performing, or for any failure to perform, any of its obligations hereunder if the delay or failure was due to any cause beyond the Seller’s reasonable control.
If due to such circumstances or events the Seller has insufficient stocks to meet all its commitments the Seller may apportion available stocks between its customers at its sole discretion.
If any licence or consent of any government or other authority shall be required for the acquisition, carriage, export or use of the Goods by the Buyer, the Buyer shall obtain the same at its own expense and if necessary produce evidence of the same to the Seller on demand. Failure so to do shall not entitle the Buyer to withhold or delay payment of the price. Any additional expenses or charges incurred by the Seller resulting from such failure shall be for the Buyer’s account.
11. Termination11.1 The Seller shall be entitled to terminate these conditions or any contract for sale of the Goods immediately by written notice to the Buyer if:
11.1.1 The Buyer commits any continuing or material breach of any of the provisions of this Contract and, in the case of such a breach which is capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
11.1.2 Any encumbrance takes possession or a receiver or administrative receiver is appointed over any of the property or assets of the Buyer;
11.1.3 The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order;the Buyer (being an individual or a firm) becomes bankrupt or (being a company) goes into liquidation (except for the purposes of an amalgamation or reconstruction) or passes a resolution for its winding-up or has a petition for its compulsory winding-up presented against it;that other party ceases, or threatens to cease, to carry on business; or Anything analogous to the forgoing occurs in relation to the Buyer under the laws of any jurisdiction to which the Buyer is subject.
11.2 If any of the events set out in clause 11.1 occurs the Seller shall, without prejudice to any other right or remedy available to the Seller, be entitled to cancel the Contract or suspend any further deliveries under the Contract without liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12. General12.1 Failure by the Seller to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.12.2 If any provision of the Contract is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either party from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so the Contract shall otherwise remain in full force and effect and enforceable.12.3 Each party acknowledges that the Contract contains the whole agreement between the parties and that the Buyer has not relied upon any oral or written representations made to it by the Seller or its employees or agents.
12.4 No purported variations of the Contract shall be binding on the parties unless it is made in writing and signed by both parties.
12.5 Any notice or other information required or permitted to be given by either party under the Contract shall be deemed to have been validly given if served personally upon that party or is sent by first class pre-paid post to the last known address of that party. If sent by first class pre paid post the notice shall be deemed to have been received 2 working days after the date of posting. If any such notice or other information is given by means of facsimile, telex or other immediate form of communication, then notice shall be deemed to have been received on the same day, provided it is sent within normal working hours.
12.6 The Contract shall be governed by and construed in accordance with the laws of Scotland and the Scottish Courts shall have exclusive jurisdiction to decide any dispute concerning the Contract or the subject matter of the Contract provided that the Seller may sue the Buyer in the courts of any country, such proviso being for the sole benefit of the Seller.
13. Duty PaymentsIf the Buyer is to purchase bulk quantities then this will be manufactured from the Seller’s bonded premises. This type of bulk order will carry a 50% duty payment to be made payable to the Seller, Seven working days prior to order dispatch.
14. Delivery Promise
At The Personalised Scotch Whisky Co. Ltd we offer a global delivery service.
Our products can be safely shipped throughout the European Union and many other areas worldwide (where local regulations allow).
Delivery quotations can be obtained by contacting our office be e-mail or telephone.
Shipments can be tracked via the Internet to ensure they have arrived safely and on time. Proof of delivery can be supplied where requested.
Shipping wines, spirits and glassware worldwide requires a great deal of expertise and specialist packaging materials. We pride ourselves on having successfully delivered thousands of parcels throughout six continents. However, in the event of a lost or damaged consignment we are fully insured and a replacement parcel will be quickly dispatched
We are happy to deliver orders in bulk or individually packaged to your specification.
We are often called upon to dispatch goods directly to our client’s staff or customers. For our domestic and international deliveries, our shipments are sent via UPS or parcel force.
Deliveries can be made throughout the European Union without restriction.
All shipments are electronically tracked throughout the process to ensure they arrive on time, every time.
We take extreme care to package the goods in a manner that is ‘mail safe,’ so you can be confident your gift will arrive in one piece.
16. Returns Policy
We follow our legal obligations as a merchant in the UK. For more details please consult “The Consumer Protection (Distance Selling) Regulations 2000” which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
17. Special Orders
Personalised, custom made or specially ordered products may not be returned except pursuant to your statutory rights.
Your statutory rights are not affected by The Personalised Scotch Whisky company policy.
Please contact us if you have any further questions. We reserve the right to alter any of these terms.
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Registered Address:
31 Edison Street, Hillington Ind Est, Glasgow G52 4JWCompany Registration Number: SC271531
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