TERMS & CONDITIONS
Westmorland Spirits Limited
Registered in England 07119359
Our discount codes may be subject to minimum order spends or criteria that may vary from code to code.
Codes cannot be stacked unless the offer explicitly states it. For example - a £5 discount code could not be used in conjunction with a 10% off discount code.
Some promotions, including those in the checkout process, are specific to the site and cannot be redeemed over the phone or in the shop. These discount may also not be used in conjunction with other codes and offers running.
Offer codes are applicable for the "Buy X product, get X product free" promotion-
Example- when you purchase a 70cl gin, you will receive a complimentary pack of 8x150ml tonic. This offer can only be applied once per order, regardless of the number of qualifying products included. To clarify further, if you purchase three 70cl gins, only one free pack of tonic will be included in the order.
The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
WEBSITE DISCLAIMER FOR www.gilpinsgin.com
USE OF WEBSITE
1.1. This disclaimer details our obligations to you regarding our website. Please read this disclaimer in full before you use this Website. Using the Website implies that you accept the terms of this disclaimer. We do occasionally update this disclaimer so please refer back to them in the future.
1.2. You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Any and all material on this website must not be republished online or offline without our permission.
1.3. The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
1.4. Subject to paragraph 1.1, no part of this Website may be reproduced without our prior written permission.
LINKS TO AND FROM OTHER WEBSITES
2.1. Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content.
2.2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
2.3. If you choose to link to our website in breach of Paragraph 2.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
EXCLUSION OF LIABILITY
3.1. We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
LAW AND JURISDICTION
4.1. This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
TERMS AND CONDITIONS FOR WEBSITE SALE OF GOODS AGREED TERMS
1. ABOUT US
1.1 Company details. Westmorland Spirits Limited (company number 07119359 ) (we and us) is a company registered in England and Wales and our registered office is at 73 Cornhill, London, EC3V 3QQ.
We operate the website www.gilpinsgin.com
1.2 Contacting us. To contact us telephone our customer service team at 0800 138 7764 or email@example.com. How to give us formal notice of any matter under the Contract is set out in clause 14.2.
2. OUR CONTRACT WITH YOU
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. PLACING AN ORDER AND ITS ACCEPTANCE
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If 2 you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4. OUR GOODS
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 The packaging of your Goods may vary from that shown on images on our site.
4.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5. RETURN AND REFUND
5.1 Subject to clause 5.4, you may cancel the Contract and receive a refund, if you notify us as set out in clause 5.2 within 14 days of our email accepting your order. If Goods have been delivered to you before you decide to cancel the Contract then you must return them, in the products original packaging, to us without undue delay and in any event not later than 14 days after the day on which you received the Goods. You can either send them back, return them to us in-store or hand them to our authorised carrier.If we have offered to collect the Goods from you, we will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
5.2 To cancel the Contract, you must email us: firstname.lastname@example.org. Please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on that day.
5.3 If you have returned the Goods to us under this clause 5 because they are faulty or mis-described, we will refund the price of the Goods and will refund you on the credit card or debit card used by you to pay.
5.4 Notwithstanding clause 5.3, personalised, bespoke or custom items are none refundable and cannot be cancelled once we have accepted the order.
6. DELIVERY, TRANSFER OF RISK AND TITLE
6.1 We will contact you with an estimated delivery date, which will be within 14 days after the date of Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 (Events outside our control) for our responsibilities when this happens.
6.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
6.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.
6.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
7. NO INTERNATIONAL DELIVERY
7.1 Unfortunately, we do not deliver to addresses outside the UK.
7.2 You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
8. PRICE OF GOODS AND DELIVERY CHARGES
8.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.
8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of Goods includes VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our website store.
8.5 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
8.5.1 where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and 4
8.5.2 if the Goods' correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
9. HOW TO PAY
9.1 You can only pay for Goods using a debit card or credit card. We accept the following cards: Visa, Mastercard, Shop Pay, Apple Pay, Google Pay and PayPal. These may change from time-to-time without notice.
9.2 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your Goods.
10. OUR WARRANTY FOR THE GOODS
10.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
10.2 We provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall:
10.2.1 subject to clause 4, conform in all material respects with their description; and
10.2.2 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and;.
10.2.3 be fit for any purpose held out by us.
10.3 Subject to clause 10.4, if:
10.3.1 you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.2;
10.3.2 we are given a reasonable opportunity of examining the Goods; and
10.3.3 we ask you to do so, you return the Goods to us at our cost, we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
10.4 We will not be liable for breach of the warranty set out in clause 10.2 if: 5
10.4.1 you make any further use of the Goods after giving notice to us under clause 10.3;
10.4.2 the defect arises as a result of us following any drawing, design or specification supplied by you;
10.4.3 you alter or repair the Goods without our written consent;
10.4.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
10.4.5 the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 10.2 to the extent set out in this clause 10.
10.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
10.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
11. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1 References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 We only supply the Goods for use by you, and you agree not to use the Goods for any resale purposes.
11.3 Nothing in these Terms limits or excludes our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
11.3.4 any other liability that cannot be limited or excluded by law.
11.4 Subject to clause 11.3, we will under no circumstances be liable to you for:
11.4.1 any loss of profits, sales, business, or revenue; or
11.4.2 loss or corruption of data, information or software; or
11.4.3 loss of business opportunity; or
11.4.4 loss of anticipated savings; or 6
11.4.5 loss of goodwill; or
11.4.6 any indirect or consequential loss.
11.5 Subject to clause 11.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price of the Goods.
11.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
12.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
12.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
12.1.2 you fail to pay any amount due under the Contract on the due date for payment;
12.1.3 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
12.1.4 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
12.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). 7
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
13.2.1 we will contact you as soon as reasonably possible to notify you; and
13.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer to "in writing" in these Terms, this includes email.
14.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
14.3 A notice or other communication is deemed to have been received:
14.3.1 if delivered by hand, at the time the notice is left at the proper address;
14.3.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
14.3.3 if sent by email, at 9.00 am the next working day after transmission.
14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.1 Assignment and transfer.
15.1.1 We may assign or transfer our rights and obligations under the Contract to another entity.
15.1.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
SOCIAL MEDIA COMPETITIONS: TERMS & CONDITIONS
1. THE PROMOTER The promoter is: Westmorland Spirits Limited, incorporated and registered in England Wales with company number 07119359 whose registered office is at 73 Cornhill, London EC3V 3QQ (the “Company”).
2. THE COMPETITION A competition ran by or run in fellowship with the Company, inviting members of the public (the “Entrant”) to complete prescribed action(s) and/or demonstrate some form of knowledge (the “Conditions”) as a condition of entry into the competition, whereby subject to an Entrant successfully completing the Conditions, be thereby entered into a prize draw (the “Competition”).
3. HOW TO ENTER
3.1 The Competition will start on the date (the “Opening Date”) and end on such date (the "Closing Date") more particularly set out in a notice or announcement which is endorsed by the Company and displayed in the public medium (the “Invitation”).
3.2 All Competition entries must be received by the Promoter by no later than the Closing Date. All Competition entries received after the Closing Date are automatically disqualified.
3.3 To enter the Competition the Entrant must successfully complete the Conditions as set out in the Invitation on or after the Opening Date but before the Closing Date.
3.4 There is no charge to register for use of the website of the Company.
3.5 The Promoter will not accept:
3.5.1 responsibility for Competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
3.5.2 proof of posting or transmission as proof of receipt of entry to the Competition.
3.6 By submitting a Competition entry, you are agreeing to be bound by these terms and Conditions.
3.7 The prize draw winner(s) will be randomly selected by a computerised random generator ("Impartial Judge”) from all successful entries.
4.1 The Competition is only open to all residents in the UK aged 18 years or over, except:
4.1.1 employees of the Promoter or its holding or subsidiary companies;
4.1.2 employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the Competition or its administration; or
4.1.3 members of the immediate families or households of 4.1.1 and 4.1.2 above.
4.2 In entering the Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the Competition.
4.3 The Promoter will not accept Competition entries that are:
4.3.1 automatically generated by computer;
4.3.2 completed by third parties or in bulk;
4.3.3 illegible, have been altered, reconstructed, forged or tampered with;
4.3.4 photocopies and not originals; or
4.4 The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize Competition.
4.5 Competition entries cannot be returned.
5. THE PRIZE The prize(s) are the goods as described in the Invitation.
5.1 Prizes are subject to availability.
5.2 There is no cash alternative for the prize.
5.3 The Promoter reserves the right to substitute the prize with a prize of equal or greater value.
5.4 The prize is not negotiable or transferable.
6.1 The decision of the Impartial Judge is final and no correspondence or discussion will be entered into.
6.2 The Promoter will contact the winner personally as soon as practicable after the Closing Date (the Announcement Date), using the telephone number, social media account or email address provided with the Competition entry. The Promoter will not amend any contact information once the Competition entry form has been submitted.
6.3 The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of major prize winners and, if applicable copies of their winning entries, to anyone who emails email@example.com within one month after the Closing Date of the Competition.
6.4 If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter at firstname.lastname@example.org. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
7. CLAIMING THE PRIZE
7.1 If you are the winner of the prize, you will have 7 days from the Announcement Date to claim the prize by contacting the Promoter on email@example.com . If you do not claim the prize by this date, your claim will become invalid.
7.2 The prize may not be claimed by a third party on your behalf.
7.3 The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 7 days of the Announcement Date, the Promoter reserves the right to offer the prize to the next eligible Entrant selected from the correct entries that were received before the Closing Date.
7.4 The Promoter does not accept any responsibility if you are not able to take up the prize.
8. LIMITATION OF LIABILITY Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
9. OWNERSHIP OF COMPETITION ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
9.1 All Competition entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
9.2 By submitting your Competition entry and any accompanying material, you agree to:
9.2.1 assign to the Promoter all your intellectual property rights with full title guarantee; and
9.2.2 waive all moral rights, in and to your Competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
10. DATA PROTECTION AND PUBLICITY The Promoter will only process your personal information as set out on out website. See also condition 6.3 and condition 6.4, with regard to the announcement of winners.
11.1 If there is any reason to believe that there has been a breach of these terms and Conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the Competition.
11.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the prize Competition where it becomes necessary to do so.
11.3 These terms and Conditions are governed by English law. If any Entrants to this promotion wish to take court proceedings, then they must do this within the courts in the United Kingdom.