WEBSITE TERMS OF SALE

This page (together with the documents referred to on it) states the terms and conditions on which we sell the products displayed for sale (“Products”) on our website www.glendaloughdistillery.com (the “Site”) to you. Please read these terms of sale (the “Terms of Sale”) carefully and make sure that you understand them, before ordering any Products from the Site. When placing an order for any Products on the Site you also agree to be legally bound by these Terms of Sale together with the website terms of use contained at https://glendaloughdistillery.com/pages/terms-of-sale and our Privacy Policy at https://glendaloughdistillery.com/pages/privacy-policy.

You should print a copy of these Terms of Sale for future reference.

You are required to accept these Terms prior to placing an Order.

1. Information about us

We are Glendalough Irish Whiskey Limited, a company incorporated in Ireland and having its principal place of business at Unit 9 Newtown Business and Enterprise Centre, Newtownmountkennedy Co. Wicklow (the “Company” or “we” or “us”).

2. Service availability

2.1 The availability of the Site does not constitute an offer nor an invitation by us to use the Site in any jurisdiction in which such use is illegal. Products are only available for sale through the Site to consumers resident in Ireland. We do not ship to any other destinations.

3. Your Privacy and Personal Information

3.1 By placing an offer to purchase (an “Order”), you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old. You must provide the requisite personal data in order to place an Order. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use, and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4. Payment

4.1 We accept the following credit cards and debit cards: Apple Pay, Google Pay, Shopify Pay, Visa, Mastercard, American Express, Discover, Union Pay, Maestro. Other payment options may be added in the future.

4.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you give us.

4.3 Your credit card or debit card will only be charged when the Products are ready for dispatch.

4.4 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 11 and 12.

4.5 All prices are in euro (€) and include VAT at the applicable rate. Delivery charges are displayed at checkout and prior to your placing the Order.

5. How the contract is formed between you and us

5.1 After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order. Your Order constitutes an offer to us to buy a Product and does not mean that your Order has been accepted. We will confirm such acceptance to you by sending you an e-mail that confirms that the Product is being dispatched (the “Dispatch Confirmation”). In the event that we are unable to fulfill your Order, you will receive a confirmation to this effect within 5 days of the date of your Order. The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.

5.2 The Contract will relate only to those Products we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch or purchase of such Products, as relevant, has been confirmed in a separate Dispatch Confirmation.

6. Availability and delivery

6.1 Your Order will be delivered on or by the latest delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 5 working days of the date of receiving payment in full for the Products under Clause 7.2, unless there are exceptional circumstances in which case you shall be advised of the later delivery date.

6.2 Products may be delivered by post, courier or delivered by hand and the applicable delivery charges will be published on the Site from time to time. The delivery charges published on the Site are for Ireland only.

7. Risk and title

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

7.2 Ownership of the Products will only pass to you and the Products shall only be eligible for dispatch when we receive full payment of all sums due in respect of the Products, including delivery charges and insurance costs to the extent applicable.

8. Pricing and payment

8.1 The price of the Products and our delivery charges will be as quoted on the Site from time to time, except in cases of obvious error.

8.2 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 a Dispatch Confirmation subject to Clause 7.2 above in respect of payment.

8.3 It is always possible that, despite our best efforts, some of the Products listed on the 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.

9. Our refunds policy

9.1 If you consider that any Product is defective on delivery, we will examine the returned Product and will notify you of any refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 5 working 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.

9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10. Cancellation

10.1 Subject to Clause 10.2, you have the right to cancel this Contract without giving any reason.

10.2 The cancellation period commences from the time you place the Order and will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products.

10.3 If we deliver the wrong Product, a Product is faulty or defective, or is not as described, please notify us within 7 days of receiving and we will either replace or resend the Product(s) in question or organize a full refund once the Product is returned to us.

10.4 If you cancel an Order before it is dispatched, please send us an email with your Order number and your name, and we will refund the full value of your Order where payment has already been processed. To cancel an Order after receipt of the delivery of the Product, please send us an email with your name, Order number, and the reason for returning the Products and the exact date of return to our warehouse via courier.

10.5 You shall be responsible for the costs of returning the Products which must be returned, unopened, unused, undamaged, and in their original packaging with any seals intact. You shall be liable for any damage caused to the Products prior to their return, and any such used or damaged Products shall not be eligible for a refund. You must include a printed copy of the sales invoice with the returned goods highlighted. Please return the Products to our fulfilment partner: Lighthouse Drinks, Unit 3, Cork Bonded Warehouses, Little Island Business Park, Little Island, Cork, T45 YF43

11. Effects of Cancellation

11.1 If you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

11.2 We may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of unnecessary handling by you.

11.3 We will make the reimbursement without undue delay, and not later than:

(a) 14 days after the day we received back from you any Products supplied; or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the Products; or

(c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.

11.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement other than the costs of returning the Product.

11.5 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

12. Warranty

12.1 We warrant that any Products will, on collection, conform in all material respects with their description and will be fit for human consumption.

13. Our liability

13.1 Subject to clause 13.2, to the maximum extent permitted by applicable law and without prejudice to your statutory rights, if we fail to comply with these Terms of Sale, we shall only be liable to you for the purchase price of the Products for any loss or damage incurred or sustained by you directly arising from such breach.

13.2 Nothing in these Terms excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1893 as amended by section 10 of the Sale of Goods and Supply of Services Act 1980;

(d) defective products under the Liability for Defective Products Act, 1991; or

(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

14. Written communications

14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Transfer of rights and obligations

15.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.

15.2 You may not transfer, assign, charge, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

15.3 We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract and you will be notified of any such transfer.

16. Events outside our control

16.1 Neither party shall owe or incur any liability under or in connection with, or be deemed to be in breach of, this Agreement by reason of any delays in, revisions to, or failures in performance of this Agreement that result from circumstances beyond the reasonable control of that party.

16.2 Such delay or failure shall not constitute a breach of this Agreement and the time for performance shall be extended by a period equivalent to that during which performance is so prevented provided that if such delay or failure persists for more than 60 days, the relevant contract shall be terminated.

17. Waiver

17.1 Failure to enforce at any time or for any period any one or more of these Terms shall not be a waiver of them or of the right at any time subsequently to enforce all of these Terms.

18. Severability

18.1 If any court or competent authority decides that any of the provisions of these Terms of Sale or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

19. Entire agreement

19.1 These Terms of Sale and any document expressly referred to in them constitute the whole agreement between us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding, or agreement between us relating to the subject matter of any Contract.

19.2 You acknowledge that, in entering into a Contract, you have not relied upon any representation or warranty that is not set out in these Terms of Sale or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.

20. Our right to vary these Terms of Sale

20.1 We have the right to revise and amend these Terms of Sale from time to time, and such changes will be posted on the Site. If you do not wish to accept the new terms and conditions you may close your account with us. Continued use of your account indicates your agreement to be bound by the new terms and conditions.

20.2 You will be subject to the Terms of Sale in force at the time that you order Products from us unless we notify you of the change to these Terms of Sale before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms of Sale unless you notify us to the contrary within 2 business days of receipt of such notice).

21. Law and jurisdiction

21.1 Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) or disputes arising out of the use of the Site will be governed by the laws of Ireland. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Ireland.