Terms and conditions
By purchasing from our website, you agree to be bound by these terms and conditions. You should therefore read the following carefully before making a purchase, and save a copy for your future reference. “Our website” and “our site” refers to DouglasLaing.com. Refusal to accept the terms and conditions means you cannot buy goods from DouglasLaing.com.
1. About Us
DouglasLaing.com is owned and operated by Douglas Laing & Co. Douglas Laing & Co. produces and publishes the content on this website and “We”, “Us” and “Our” refers to the Douglas Laing team.
The ecommerce (i.e. “shop”) functionality of our website is operated by Mail Marketing UK Limited. Mail Marketing is registered in Scotland under company number SC171868 and with our registered office at 42 Methil Street, Glasgow, Scotland G14 0SZ.
2. Age Restriction
The sale of Alcohol is subject to strict age restriction policy. 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 where such sale would be contrary to local law.
Placing an order through our site confirms that you are of lawful age to purchase alcohol in your resident country. If you are buying Products as a gift, the recipient must also be of a lawful age. This is the responsibility of the purchaser.
Our couriers will require a signature on exchange of goods. They will request proof of age if any doubt as to the signatory’s age exists and goods will be returned if no such proof is provided.
Shortly after you have placed your order, you will receive an e-mail from us acknowledging that we have received your order. This constitutes an offer to buy a product and does not mean that your order has been accepted. 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”) formed when we send you this document.
The Contract relates only to those Products whose despatch is 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 is confirmed in a separate Despatch Confirmation.
4. Consumer Rights
As a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (as outlined in section 7).
To cancel a Contract, you must inform us in writing and 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 are legally obliged to take reasonable care of the Products while they are in your possession. Failure to comply with this obligation may result in our right of action against you for compensation.
5. Order Process and Payment
You can pay for Products purchased from DouglasLaing.com using any of the following cards: Visa, Mastercard, Visa Debit, Visa Electron and Maestro/Switch, via WorldPay or PayPal. You must give us authority for payment at the time of order.
We have taken reasonable precautions to ensure our site is secure, and we believe it is secure, however we do accept any liability should there be a breach or failure of security.
We do not accept payment by cheque.
You must complete all mandatory fields 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.
Where an error has been made and the price displayed is too low, Douglas Laing and Mail Marketing are not obliged to sell you the goods at that price. You will be refunded the amount you paid, or you may choose to pay the shortfall and have your order fulfilled.
Should we accept your order, the price applicable to goods ordered by you is that shown on the Site at the point when 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). 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:
1. The type of goods ordered (rates may differ);
2. 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 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 despatching the goods to the return address indicated on them within 7 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.
6. Delivery Instructions
Deliveries are made during business hours on Monday to Friday. A signature will be required.
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 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.
7. Returns, Refunds & Replacements
If you wish to return Products which are not faulty, please contact us on: email@example.com with details of your order within 7 days of delivery of the goods.
Returned products must be returned to us in good condition, with all packaging intact. All refunds 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 for any Products received damaged or faulty, provided we are notified within 3 working days of receipt. 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.
8. Prices, Promotions & Availability
We endeavour 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 VAT payable unless otherwise stated. The price of the Products does 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, we are unable to supply a particular Product we will notify you as soon as possible.
9. 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).
10. Data Protection
DouglasLaing.com conforms to the UK Data Protection Act 1998. 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 payment gateway WorldPay and not entered on Laphroaig Shop system. You have every right to know what information has been held in our system.
11. Contacting Us
For queries regarding Product availability or information e-mail firstname.lastname@example.org. For queries regarding an existing order, please ensure you provide us with your name, address, order number and WorldPay ID allowing us to deal with your enquiry as quickly as possible.
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.
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.
14. Our Right to Vary These Terms & Conditions
We have the right to revise and amend these terms and conditions occasionally to reflect, amongst other things, changes in market conditions that affect 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).
15. Governing Law & 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.
16. Delivery to the USA. We do not deliver to the following States: Alabama, Arkansas, Iowa, Kentucky, Mississippi, New Hampshire, North Dakota, Pennsylvania, Utah.
17. Black Friday Offer. Our Black Friday offer allows 15% off everything on site. This is applied to the total order price, including taxes, and does not apply to delivery price. The offer begins at 9am BST on Wednesday 29th June 2016, and ends at 9am BST on Friday 8th July 2016. Douglas Laing and Mail Marketing reserve the right to withdraw the offer at any time.