Terms and Conditions

WEBSITE SHOP TERMS AND CONDITIONS

Use of our Online Shop

This website is owned by Isle of Harris Distillery Ltd. Orders placed through the website shop are sold, processed and fulfilled by Mail Marketing (UK) Limited, which acts as Merchant of Record and contracting seller.

For the purposes of these Website Shop Terms and Conditions, “we”, “us” and “our” refer to Mail Marketing (UK) Limited as the contracting seller, unless the context clearly refers specifically to Isle of Harris Distillery Ltd.

Products sold through this website are Isle of Harris Distillery products. The website, brand, product information and customer experience remain connected to Isle of Harris Distillery Ltd.

Please read these terms and conditions carefully before ordering any products from our website shop. By placing an order, you agree to be bound by these terms and conditions.

Age Restriction

We cannot sell alcoholic products to anyone under 18. By using this website shop, you confirm that you are at least 18 years of age and of legal drinking age in your country of residence.

No goods are offered for sale to any person who is below legal drinking age in the country in which they are resident, or to any person resident in a country where such sale would be contrary to local law.

If you are buying products as a gift, the recipient must also be of 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 suitable identification.

For this reason, we may refuse or cancel an order at our discretion. Orders may not be transferred from the customer to any other person.

You, the buyer, shall be responsible for ensuring the accuracy of the details provided in your order and we will not be obliged to accept an order if all details required are not fully captured.

Information About Us

The Isle of Harris Distillery website is owned by:

ISLE OF HARRIS DISTILLERY LTD  
Tarbert  
Isle of Harris  
HS3 3DJ

Telephone: 01859 502 212  
Email: info@harrisdistillery.com  
Website: www.harrisdistillery.com  
Company registration: SC334836

Orders placed through the website shop are sold, processed and fulfilled by:

MAIL MARKETING (UK) LIMITED  
West 205  
9 Baird Avenue  
Hillington  
Glasgow  
G52 4FN

Company registration: SC171868

Mail Marketing (UK) Limited acts as Merchant of Record and contracting seller for online shop orders placed through this website.

How the Contract is Formed Between Us and You

After placing an order, you will receive an email acknowledging that your order has been received. Unless it expressly confirms acceptance of an Advance Purchase, this acknowledgement does not mean that your order has been accepted. Your order constitutes an offer to buy the products in your order.

For standard orders, acceptance will be confirmed by email when the product has been despatched. The contract between us will be formed when the despatch confirmation is sent.

Where a product is clearly identified as an Advance Purchase, the contract will instead be formed when we send an email confirming that we have accepted the advance-purchase order. Payment will be taken in full at that point.

The contract will relate only to the products identified in the relevant acceptance or despatch confirmation. We will not be obliged to supply any other products included in your order until their acceptance or despatch has been confirmed separately.

We reserve the right to decline or cancel an order and refund any payment taken to the original payment method.

Payment and Merchant of Record

Orders placed through this website shop are sold and processed by Mail Marketing (UK) Limited, which acts as Merchant of Record and contracting seller. Payments are taken by Mail Marketing (UK) Limited, and its name may therefore appear on your payment statement rather than the Isle of Harris Distillery brand name shown on this website.

Payment can be made online by debit or credit card. All payments will be settled in GBP. We accept the following: Card Payments, Google Pay, Apple Pay and PayPal Express Checkout.

Your payment details will be encrypted to maximise security. Authority will be requested at the time of payment at the checkout. Your account will be charged once your order has been accepted. For an Advance Purchase, this will be when we send the email confirming acceptance of the advance-purchase order.

You must give 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, we cannot accept your order and will not be liable for any delay or non-delivery.

All payment and credit card information is processed directly via a secure payment gateway and is not entered on the Isle of Harris Distillery website shop system.

Due to the high value of some products, you may be contacted by email and asked to confirm your identity.

Advance Purchases and Delayed Fulfilment

Certain products may be offered for advance purchase before they are available for despatch or collection. These products will be clearly identified during the purchase process, together with their estimated despatch or collection window.

Payment will be taken in full when the advance-purchase order is accepted. The stated despatch or collection window is an estimate and may change. If the expected timing changes, we will contact you as soon as reasonably possible. You may choose to continue with your order or cancel it for a full refund.

You may cancel an advance purchase for a full refund at any time before it is despatched or collected. Once it has been despatched or collected, our standard cancellation and returns terms will apply.

Nothing in this section affects your statutory rights.

Prices, Availability and Promotions

All prices are in GBP. Prices are clearly set out on our website. All prices are expressed inclusive of any VAT payable, unless otherwise stated, but exclusive of delivery costs. You will be advised of the delivery cost for your area at the time of order.

We reserve the right to alter prices of our products at any time without prior notice. Prices, promotions and specifications can change without notice and products are subject to availability.

Should we accept your order, the price applicable to products ordered by you shall be that shown on the website at the point at which your order is placed.

All Isle of Harris Distillery products and services are subject to availability. If we are unable to fulfil your order, we will contact you as soon as possible.

Product Information

The main characteristics of the goods sold through this website are set out on the pages picturing them. Every effort has been made to display the colours of products as accurately as possible. However, because the colour you see will depend on your monitor or device, we cannot guarantee that the colours of the goods purchased by you will be exactly the same as the colours shown on your screen.

Sales Tax, Import Duties and International Orders

The sales tax applicable to your order will depend on a number of factors which will be established at the point of placing your order. These may include the type of goods ordered and where the goods are to be delivered.

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, unless otherwise stated during the checkout process.

The whiskies and spirits sold through the Isle of Harris Distillery website shop are only available for shipping to selected countries and regions. Available delivery destinations will be shown at checkout.

Delivery Instructions and Advice

Deliveries are usually made during business hours Monday to Friday. To ensure prompt delivery, someone must be present to sign for the parcel where required.

If no one is available to sign for the parcel, our delivery company may leave a contact card with instructions for the customer to contact their local depot or arrange redelivery. If the customer does not contact the depot, the parcel may be returned. Any costs arising from failed delivery, return or redelivery may be passed on to the customer.

If the parcel is returned following a failed delivery and you do not wish us to resend it, we will provide any refund due under your statutory rights. Where permitted by law, we may deduct reasonable costs arising from a failure to take delivery. Resending the parcel may incur a further delivery charge.

Please contact the local depot or post office as soon as a card is received to rearrange delivery or collection.

If you expressly instruct the courier to leave the parcel in a nominated safe place, delivery may be treated as completed when the parcel has been left in accordance with those instructions. We will investigate any reported loss or non-delivery. Nothing in this paragraph affects your statutory rights.

The courier appointed by Mail Marketing (UK) Limited is non-negotiable.

Returns, Refunds and Replacements

We do hope that you are happy with your purchase. However, should you feel it necessary to return an item because it is faulty, damaged or different from that which you ordered, we aim to make the return process as simple as possible.

Please ensure all products are checked fully upon receipt. Please notify us of damaged or faulty goods as soon as reasonably possible and, where practicable, within three working days of delivery. Photographic evidence may be required if an item has been damaged during transit. This requested reporting period does not affect your statutory rights.

Where breakages or shortages are apparent at delivery, please inform the courier and record them on the courier’s documentation where reasonably possible. Failure to do so does not remove or restrict your statutory rights.

If you wish to return products which are not faulty, please contact us with details of your order within 14 days of receiving the goods. You must then return the goods within a further 14 days. Products should be returned unopened, sealed, in good condition and in their original packaging where reasonably possible. We may reduce the refund to reflect any reduction in value caused by handling beyond what is necessary to inspect the products.

For change-of-mind returns, the cost of returning the product is the responsibility of the customer. Where a product is faulty, damaged or incorrectly supplied, we will meet the reasonable return cost. We recommend using a tracked service and retaining proof of postage.

Refunds will be arranged without undue delay and no later than 14 days after we receive the returned goods or receive evidence that they have been sent back, whichever occurs first. Refunds will be made using the original payment method. Where an entire order is cancelled under the statutory cancellation right, the refund will include the cost of our least expensive standard delivery option.

Where a replacement is appropriate and available, we may provide a replacement for products received damaged, faulty or incorrectly supplied. Where a replacement is unavailable, including where the original item was discontinued or was a one-off product, we will provide any refund or other remedy required by law. This may include reimbursement of the full product cost and any relevant delivery costs. Nothing in this section affects your statutory rights.

Consumer Cancellation Rights

If you are contracting as a consumer, you may cancel an online order without giving a reason at any time after the contract is formed and up to 14 days after the day on which you receive the goods.

To cancel, you must provide a clear statement informing us of your decision. You must return the goods within 14 days after notifying us of the cancellation.

You are responsible for the direct cost of returning goods unless they are faulty, damaged or incorrectly supplied. We may reduce the refund to reflect any reduction in value caused by handling beyond what would reasonably be permitted in a shop.

Nothing in these terms affects your statutory rights in relation to faulty, damaged, incorrectly described or incorrectly supplied goods. 

No additional goodwill compensation will be paid unless agreed, but this does not affect any statutory right to compensation or another remedy.

Privacy Statement

For information regarding how your personal data is used, please read the Privacy Policy available on this website.

Website Information and 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. You should make appropriate queries and satisfy yourself before placing reliance upon or taking any action on such information. By placing reliance or taking action, you accept that you do so at your own risk.

We warrant to you that any product purchased through this website shop is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.

Our liability to you in connection with any order will not exceed the total price charged for the relevant items, except where it would be unlawful for us to limit or exclude liability.

This does not include or limit in any way liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, under applicable consumer protection law, or for any matter for which it would be illegal to exclude or attempt to exclude 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 or loss of data.

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 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 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 relating to that subject matter.

Each of us acknowledges that, in entering into a contract, neither of us relies on any statement, representation, assurance or warranty of any person other than as expressly set out 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, among 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 system capabilities.

You will be subject to the policies and terms and conditions in force when your order is accepted. We will not change the terms applying to an accepted order unless the change is required by law or governmental authority, or is agreed with you.

Governing Law and Jurisdiction

Contracts for the purchase of produ54]=-09876rnnection with them, 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.

Contact Details

ISLE OF HARRIS DISTILLERY LTD  
Tarbert  
Isle of Harris  
HS3 3DJ

Telephone: 01859 502 212  
Email: info@harrisdistillery.com  
Website: www.harrisdistillery.com  
Company registration: SC334836

For online shop sales, order processing, fulfilment and Merchant of Record purposes:

MAIL MARKETING (UK) LIMITED  
West 205  
9 Baird Avenue  
Hillington  
Glasgow  
G52 4FN

Company registration: SC171868