Terms and Conditions
Terms And Conditions
COPYRIGHT
This website is protected by copyright. Permission is given for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer, mobile phone, tablet or monitor. The reproduction, permanent storage, or re-transmission of the contents of this website is prohibited without the prior written consent of Highland Distillers Limited. Unless otherwise stated all contents of this website are copyright of Highland Distillers Limited.
LINKS
Any links to third party websites are provided solely for the purpose of your convenience. We have no control over the content of such websites and accordingly make no representation concerning the content of those sites to you nor make endorsement of any of them. We have not tested any content, software features or links found on their sites and do not give any representation regarding their quality, safety, suitability or reliability or any of the material contained in them.
DISCLAIMER
Please note that telephone and other connection charges may apply to your use of this website. For details of such charges you should contact your telephone company and Internet service provider. The information contained in this website may include opinions or views which, unless expressly stated otherwise, are not those of Highland Distillers Limited. This website is not guaranteed to be free from any so-called computer viruses and it is strongly recommended that you check for such viruses before down-loading it to your computer equipment. If anything on this website is construed as being contrary to the laws applicable in any other country, then this website is not intended to be accessed by persons from that country and any person who are subject to such laws shall not be entitled to purchase our products unless they can satisfy us that such purchase would be lawful. Highland Distillers Limited is a private limited company registered in Scotland (Registered Number SC 158731) with its Registered Office at 100 Queen Street, Glasgow, G1 3DN.
LIABILITY
Whilst every effort has been taken to ensure that the information provided on this website is correct at the time of writing it is not possible to provide any guarantee of accuracy. Highland Distillers Ltd does not accept responsibility or liability to any person for loss or damage suffered as a consequence of their placing reliance upon the information. You should make appropriate queries and satisfy yourself before placing any reliance upon or taking any action on such information. By so placing reliance or taking action you accept that you do so at your own risk.
SHOP
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 shop.highlandparkwhisky.com (“our site”) to you. Please read these terms and conditions carefully 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. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
BALLOTS
For ballot products consumers will only be eligible to buy a maximum number of bottles per person, per order or per household. Highland Park reserves the right to cancel orders if subsequent verification identifies that a consumer has bought more than the maximum number of bottles available for purchase by one person.
In submitting an entry to a Ballot, Entrants confirm that if they are successfully selected by Highland Park they are able and willing to complete the purchase of the Product.
Entrants must provide valid payment card details before submitting their entry to the ballot, through their Account. The entrant’s card will be pre-authorised to confirm it is a valid card with the correct details. The entrant’s card will not be charged at this time. Entrants warrant and undertake to ensure that their payment card has sufficient funds to pay for the Product (either a deposit amount or payment in full as stated in the individual ballot entry conditions) on conclusion of the ballot if their entry is selected (including any delivery fee and variance by delivery country as set out upon entry into the ballot and insurance cost as advised.) The entrant must further ensure that their payment card shall not have expired at the point at which payment is taken.
Within 3 working days after the Ballot has been drawn, the Entrants shall be notified by email if they have been successful. If the Entrants are successful, payment (either a deposit amount or payment in full as stated in the individual ballot entry conditions) shall be taken immediately upon an entry being drawn. Entrants are advised that ‘Mail Marketing’ will appear on bank statements once payment is taken. In the event that payment fails, Highland Park shall contact entrants to ask them to provide an alternative payment method.
The total fee payable shall include a postage fee based on the Entrant’s country of delivery. Deliveries will be made by DHL. The fees charged directly by Highland Park may not include all taxes or duties that could be charged on arrival in your country of delivery. You are personally liable for the payment of any additional charges applicable in your country.
Ballots are considered stand-alone purchases and no further products from Highland Park’s online shop can be added to the order that includes the Product from the Ballot.
We will be unable to process any ballots of entrants who get in touch on behalf of the account owners. Only the account holder themselves can make the purchase via their account.
INFORMATION ABOUT US
shop.highlandparkwhisky.com is a site operated on behalf of Highland Park by Mail Marketing (UK) Limited (“we”). We are registered in Scotland under company number SC171868 and with our registered office at 42 Methil Street, Glasgow, Scotland G14 0SZ.
AGE RESTRICTION
No goods are offered for sale at this Site to any person who is below legal drinking age in the country in which he or she is resident or any person resident in a country where such sale would be contrary to local law. By placing an order through our site you warrant that you are of a lawful age. If you are buying Products as a gift, the recipient must also be of a lawful age. This is the responsibility of the purchaser. If our couriers are in any doubt about the age of the recipient on delivery, they may request some form of ID.
HOW THE CONTRACT IS FORMED BETWEEN US AND YOU
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. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the “Despatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Despatch Confirmation. The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
CONSUMER RIGHTS
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 below). To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition and packaging in which you received them, and at your own cost and risk. 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.
PAYMENT AND ORDER PROCESS
You can pay for Products purchased from shop.highlandparkwhisky.com by using any of the following cards: Visa, MasterCard, Maestro, Visa Debit and American Express. You can also pay via your Apple Pay account. You must give us authority for payment at the time of order. We do not accept payment by cheque. There are several mandatory fields which you must complete to enable us to process your order and allow us to contact you should we need to discuss your order. Please complete all fields carefully and accurately. All card holders are subject to validation checks and authorisation by the card issuer. We will not deliver any Products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, we cannot accept your order, and will not be liable for any delay or non-delivery.
The main characteristics of the goods sold through this Site are set out on the pages picturing them. Every effort has been made to display the colours of the goods as accurately as possible. However, because the colour you see will depend on your monitor we cannot guarantee that the colours of the goods purchased by you will be the same as the colours shown on your monitor. Should we accept your order the price applicable to goods ordered by you shall be that shown on the Site at the point at which your order is placed. The period for which this price is valid is limited and we can only guarantee this price to you for orders placed that day (unless a longer period is stated specifically in the description given.
SALES TAX/IMPORT DUTIES
The sales tax applicable to your order will depend on a number of factors which we will establish at the point of placing your order. These include the following:
- The type of goods ordered (rates may differ);
- Where the goods are to be delivered to e.g. UK, EU, outside EU.
You are responsible for paying any import or similar duties which may be levied on the export or import of the goods ordered by you. We will notify you of acceptance of your order by email. The contract for our sale and your purchase of the goods shall be made at the place from which our despatch confirmation email is sent to you, when the email is so sent. Prior to such time there is no legal agreement in place. The goods purchased by you will be despatched to you by the method of delivery indicated within 30 days of the date of your order. We will inform you of the non-availability of any goods ordered by you within 30 days of the date of your order and will refund your credit card the full amount paid in respect of such goods within 30 days of your order. You may withdraw from any agreement for the purchase of goods by posting or otherwise dispatching the goods to the return address indicated on them within 14 working days of their receipt by you. We will fully refund to your credit card the price (including sales taxes and delivery costs) of any goods so returned to us within 30 days of their receipt by us. All payment and credit card information is processed directly via the secure payment gateway PayPal and not entered on The Highland Park Shop system. Due to the high value of some of the products, you may be contacted by email ([email protected]) and asked to confirm your identity.
DELIVERY INSTRUCTIONS AND ADVICE
Deliveries are made during business hours on Monday to Friday; to ensure prompt delivery someone must be present to sign for the parcel. If no-one is available to sign for the parcel, our delivery company will leave a contact card with instructions for customer to call their local depot. If the customer does not then call their local depot, the parcel is returned to us after a week – the cost of which will be passed on to the customer.
If the customer does give permission to the courier for the order parcel to be left in a safe place, Highland Park will not be liable in the event the parcel goes missing and cannot be located. Highland Park will not be able to refund or replace the order.
If the parcel is returned to us and you do not wish us to re-send it, only the cost of the product minus the initial delivery charge and the return charge will be refunded. To re-send the parcel will incur a further delivery charge. Please contact the local depot / post office as soon as a card is received to re-arrange delivery or collection. The courier appointed by Highland Park and Mail Marketing is non-negotiable.
To find out where we can currently send whiskies sold on the Highland Park online shop, please visit our delivery and returns page.
RETURNS, REFUNDS & REPLACEMENTS
If you wish to return Products which are not faulty, please contact us on [email protected] with details of your order within 7 days of delivery of the goods. Please ensure all products are checked fully upon receipt, as returns can only be processed from the delivery address. Any returned products must be returned to us in good condition, with all packaging intact. All refunds and reimbursements will be arranged within 30 days of our acceptance to do so and after the safe receipt of the returned goods. Any product returned must be within its original packaging, contain the relevant paperwork and be adequately packed to avoid any possible damage. The cost and risk of returning the product is the responsibility of the customer and a proof of delivery service must be used. We will provide a refund or provide a replacement where available for any products received damaged or faulty, provided we are notified within 3 working days of receipt. Where a replacement item is not available, due to it being discontinued or the original item being a “One Off,” we will reimburse you for the full cost of the item only and any shipping costs. No compensation will be paid. Upon receipt of your order, the order should be carefully inspected to make sure that it is intact and in full. The courier must be informed of breakages or shortages at the time of delivery. We may not (at our sole discretion) accept any claims for breakages or shortages unless they are stated on the courier’s documentation. We must have confirmation of these breakages or shortages within 3 working days of delivery. Photographic evidence is required by our carrier company if an item has been damaged during transit. In the case of a return being necessary, you as the customer will be sent a shipping label which should be printed and attached to the Item. You will have to be available for a set time in order for the courier to collect this item.
PRICES, AVAILABILITY AND PROMOTIONS
Please note we have endeavoured to ensure the accuracy of all information on our site. The prices payable for the Products that you order are clearly set out on our site. All prices are quoted inclusive of any UK VAT payable unless otherwise stated. The price of the products may not include the delivery charge which will be charged at the rates applicable at the date you place your order. Prices, promotions and specifications can change without notice and Products are subject to availability. If for any reason beyond our control we are unable to supply a particular Product we will notify you as soon as possible.
OUR LIABILITY
We warrant to you 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. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability (i) for death or personal injury caused by our negligence; (ii) under section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage (including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings and/or loss of data).
DATA PROTECTION
shop.highlandparkwhisky.com conforms to UK and European Data Protection legislation. Any information you provide is treated in strict confidence and is stored in a secure location. We will never disclose your personal information to any other parties without your consent except to verify your identification as above and to deliver Products to you. All payment and credit card information is processed directly via the secure PayPal payment gateway and not entered on The Highland Park Shop system. You have every right to know what information has been held in our system. We have a separate privacy policy (“Privacy Policy”) which relates to our use of your personal information. We would encourage you to read our Privacy Policy. Our Privacy Policy is available on our site. Breach of our Privacy Policy constitutes a breach of these terms and conditions of which they form part.
WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or any of these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the entire agreement between us relating to the subject matter of any Contract and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions. Nothing in this clause shall limit or exclude any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect, amongst other things, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
GOVERNING LAW AND JURISDICTION
Contracts for the purchase of Products through our site 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) will be governed by Scots law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
FULL DISTILLERY TOUR TERMS & CONDITIONS
BOOKING A DISTILLERY TOUR
Tours of Highland Park Distillery take place at the Distillery site at Holm Road, Kirkwall, Orkney, KW15 1SU (the “Distillery”), and are provided by Highland Distillers Limited (“we” or “the company”). Highland Distillers Limited is incorporated in Scotland (Registered No. SC158731, with its registered office at 100 Queen Street, Glasgow, G1 3DN.
The following Terms and Conditions (the “Terms”), as well as any information contained in the booking form, booking confirmation or email provided to you, apply to all Tour bookings.
On booking or purchase of a Distillery Tour, whether online, by email or phone, you agree to abide by the Terms outlined below.
We will endeavour to ensure that the information displayed on the website https://www.highlandparkwhisky.com is current and accurate. However, we cannot be held liable for any errors. Use of the website is subject to separate Terms of Use available here; however, in the case of conflict, these Terms shall apply to online bookings of Tours.
Once full payment is made, you will be allocated a place/places on your chosen Tour, and a booking confirmation will be emailed to you.
We accept no responsibility if you incorrectly input an email address on our booking form. If your automatically generated booking confirmation does not arrive via email, please firstly check your junk/spam folder then contact us via email at [email protected] . We will check the email address and resend your booking confirmation(s).
Upon receipt of the booking confirmation email, it is your responsibility to check the accuracy of dates booked.
PRICING
Tour prices include an alcoholic beverage (more than one for some tours) for visitors over 18 years old. All prices are shown inclusive of VAT.
Details of tour prices can be found here. We reserve the right to amend the price of our Tours at any time.
ADMISSIONS POLICY
If you have booked in advance, the date and time of your Tour will be clearly stated on your email confirmation. We recommend arriving at least 10 minutes before your Tour is due to start.
We reserve the right to remove anyone from the Distillery if their behaviour is considered likely to cause offence, put staff or other visitors at risk or create a nuisance to other visitors or staff.
We reserve the right to refuse admission to the Distillery.
The Distillery is a controlled working and manufacturing environment. It’s important that you exercise due care and attention on the tour. Our team may draw your attention to certain health & safety procedures, which we require all visitors to adhere to:
- Smoking or vaping is not permitted in any area of the distillery
- Assistance dogs are welcome. Unfortunately no other animals or pets are allowed
- Visitors are not permitted to access areas of the distillery other than those designated for visitor access
- If the fire alarm sounds during your tour, your guide will direct you to the nearest exit
We operate a Challenge 25 policy. Visitors may be subject to an age check on arrival at the Distillery, and are advised to bring photo identification (“ID”) to the Distillery. If we believe or suspect a visitor who wishes to consume alcohol is under 25, that visitor will be asked to produce photo ID. In the event that you are unable to produce valid photo ID, you will not be served alcohol as part of the Tour and we regret that no refunds can be given.
All of our tours are strictly for over 18s only.
CANCELLATIONS AND AMENDMENTS
If we need to cancel your Tour for any reason, we will try to give you as much notice as possible of cancellation, and you will be entitled to a full refund.
On certain days, or at certain times, some parts of the Distillery may be closed (e.g. for cleaning, maintenance, or for other operational reasons). The Distillery may not be fully operational during silent season although Tours will still be in operation. Bookings will not be refunded and no compensation will be paid for Tours during this time.
Changing your tour
To change the date or time of your tour booking, email us at [email protected] or call us on +44(0) 1856 874619. We will do our best to accommodate changes up until 24 hours before your tour time (depending on the type of tour you have booked), although we’re unable to guarantee availability of alternative tour dates/times.
Cancelling THE SPIRIT OF ORKNEY EXPERIENCE
Full refunds can be made for THE SPIRIT OF ORKNEY EXPERIENCES which are cancelled up to 24 hours before the start date/time of the tour booked.
Cancelling A WILD HARMONY EXPERIENCE, NORSE LEGENDS EXPERIENCE, ORCADIAN VINTAGES EXPERIENCE or RARE AND EXCLUSIVE EXPERIENCE
For our A WILD HARMONY EXPERIENCE, NORSE LEGENDS EXPERIENCE, ORCADIAN VINTAGES EXPERIENCE or RARE AND EXCLUSIVE EXPERIENCE cancellations should be made at least 24 hours before the start date/time of the tour booked.
To cancel, email us at [email protected] or call us on +44(0) 1856 874619 (Monday to Friday, 10am – 5pm).
We’re unable to offer refunds for cancellations made after the period outlined above, or in the event that you don’t arrive for your scheduled tour.
OUR LIABILITY TO YOU
If you suffer losses as a result of a breach by us of these Terms, our liability is strictly limited to the purchase price of the Tour. We are not responsible for any loss of profit, loss of business, loss of goodwill, or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise in connection with the Tour.
Notwithstanding the foregoing, nothing in these Terms limits in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter which cannot be excluded by law.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under these terms and conditions 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 these terms and conditions may be performed despite the Force Majeure Event.
YOUR PRIVACY
Any personal data which you provide us as part of the booking and attending the Tour will be treated securely and confidentially. We recommend that you review our Privacy Policy for further information about how Highland Park processes personal data, and your rights in relation to your own personal data.
FEEDBACK
We welcome feedback, and our guides will be happy to receive your comments following your tour. If you prefer to give us feedback in writing, please contact us at [email protected] and we’ll reply within 3 working days.
GENERAL
We reserve the right to refuse to accept a booking for any reason.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected.
These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede any previous arrangement, understanding or agreement between you and us relating to the subject matter of these Terms.
Any contract between you and us pursuant to these Terms will be binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge, sub-contract or otherwise dispose of any such contract, or any of your rights or obligations arising under such a contract, without our prior written consent.
These terms and conditions are governed by and construed in accordance with the Laws of Scotland, and the parties agree to submit to the exclusive jurisdiction of the courts of Scotland.