Whitby Distillery Limited - Whitby Distillery Founders' Club (Terms and Conditions for Membership)
Welcome to Whitby Distillery. Please read the following important terms and conditions. They apply when you buy a Membership to the Whitby Distillery Founders' Club on this Website.
In these Terms and Conditions, the following words below have the following meanings:
"Membership" means the membership you buy to the Whitby Distillery Founders' Club which entitles you to receive various Membership Benefits;
“Membership Package” means either the Founders Club, Adventure, Resolution or Endeavour Package as further described in clause 2 or any other new package introduced by us and made available to you from time to time;
“Membership Benefits“ means the Products, Product information, membership card, samples, promotional offers, distillery tours, gift vouchers and discounts to be provided by us depending on the Membership Package you choose;
"Product" or "Products" means the goods that we sell (including, but not limited to: bottled gins, gin glasses, recipes, other gin consumables and alcohol hand sanitiser);
“Consumer” means buying as an individual for your everyday personal use and not for resale or as a business;
"We","us" or"our" meansWHITBY DISTILLERY LIMITED a company registered in England and Wales with company number 10989129 whose registered office is at Flat 2, 1-2 Gray Street, Whitby YO21 1EP; and
"Website" means the website found at the URL whitbydistillery.com or any URL that replaces it from time to time;
"You" or"your" or means the person usingour Website to buy the Membership fromus.
Ifyou don't understand these Terms and Conditions and want to talk tous about it, please contactus by emailat email@example.com or call us on (+44)7725585244 . Emails will be responded to in our working hours between 9am and 5pm.
1. Membership Eligibility
1.1 Membership will only be available to purchase if you are of, or above, the minimum age to legally consume alcohol in your country of residence. For the avoidance of doubt, in the UK the minimum age is 18 years. You may not purchase a Membership for another person who is not above the minimum age to legally consume alcohol in their country of residence.
1.2 Membership may only be purchased for non-business reasons in your capacity as a Consumer and we reserve the right to limit or prohibit any Membership purchase if in our judgement the purchase appears to be placed by dealers, re-sellers or distributors.
1.3 Ifyou buy a Membership from us,you agree to be legally bound by:
(a) these terms and conditions;
(b) our Website terms and conditions;
(d) our cancellation and refunds policy
all of which can be found on our Website.
1.4 We reserve the right to revoke your Membership without notice for any reason at any time including as a result of any violation of the terms set out in clause1.3.
2. Buying a Membership from us
2.1 Below, we set out how a legally binding contract between you and us is made if you purchase a Membership from us.
2.2 In order to purchase a Membership from us, you will be required to sign up and create an account on our Website. Once you have created an account, you may place an order on our Website by selecting a Membership Package from the Website, adding this to your basket and then using the 'Checkout' option to complete your order by entering delivery and payment details. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. (You may also place an order for Membership by submitting a hard copy order to us – please contact us using the details at the top of this page if you wish to submit an order by hard copy).
2.3 When you place your order at the end of the online checkout process (e.g. when you click on the 'Pay Now' button. We will send you an acknowledgement of order by email.
2.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the Membership Package is unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy a Membership from us;
(d) we are not allowed to sell a Membership to you; or
(e) there has been a mistake on the pricing or description of the Membership.
2.5 We will only accept your order when we email you to confirm this ("Confirmation Email"). At this point:
(a) a legally binding contract will be in place between you and us (“contract”); and
(b) we will issue your 'Welcome Pack' to you which will contain details of your Membership Package including without limitation, your members card, your members certificate, your unique Membership number and details of your Membership Benefits.
3. Membership Benefits
3.1 If you purchase a Membership from us, you will have access to certain Membership Benefits some of which may be used when purchasing our Products generally. This depends on the type of Membership Package you buy from us as set out in clause3.2 below.
3.2 Your Membership Benefits will vary depending on which Membership Package you purchase from us as follows:
(a) Founders Club – Adventure Package (https://www.whitbydistillery.com/products/founders-club-tier-3);
(b) Founders Club – Resolution Package (https://www.whitbydistillery.com/products/founders-club-tier-2);
(c) Founders Club – Endeavour Package (https://www.whitbydistillery.com/products/founders-club-tier-1).
3.3 Gift Vouchers. If you receive one of our gift vouchers as part of your Membership Benefits, you may redeem these gift vouchers when purchasing Products on our Website as full or part payment. Gift vouchers may be redeemed by entering the gift voucher unique code at the checkout when purchasing Products on our Website, or by presenting the gift voucher to one of our members of staff and they will apply the discount when purchasing in-store. Gift vouchers do not expire. PLEASE NOTE GIFT VOUCHERS MAY NOT BE EXCHANGED FOR CASH; MAY NOT BE USED IN CONJUNCTION WITH OTHER MEMBERSHIP BENEFITS; AND MUST BE USED IN THEIR ENTIRETY IN A SINGLE PURCHASE AND REMAINING BALANCES WILL NOT BE CARRIED OVER AND NO CHANGE WILL BE GIVEN.
3.5 Discounts. If you purchase an 'Endeavour' or 'Resolution' Membership Package as described in clause3.2, you will be entitled to 10% off Product purchases from our Website. PLEASE NOTE THIS DISCOUNT MAY NOT BE USED IN CONJUNCTION WITH OTHER MEMBERSHIP BENEFITS UNLESS OTHERWISE EXPRESSLY STATED IN ONE OF OUR PROMOTIONAL OFFERS.
3.6 We reserve the right to decline any Membership Benefits that we believe to have been used fraudulently or excessively.
4.1 We accept credit cards and debit cards and the other payment methods as set out on our Website. We do not accept cash.
4.3 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps, including but not limited to, via: Verified by Visa, Mastercard®SecureCodeTM or American Express SafeKey.
4.4 If it is applicable to your Membership Package, you may pay for your Membership in instalments as further detailed in the link at clause3.2.
4.5 The price of the Membership:
(a) is in pounds sterling (£)(GBP);
(b) includes VAT at the applicable rate; and
(c) includes the cost of delivering the Membership Benefits and 'Welcome Pack'.
5. Delivery / Collection
5.1 We use various couriers and Royal Mail to deliver our Products to you if this is part of your Membership Benefits.
5.2 We shall provide tracking details on dispatch of the Products and shall provide you with the estimate date and time window for delivery.
5.3 If something happens:
(a) which is caused by factors outside ofour control (including without limitation relating to the virus COVID-19); and
(b) which affects the estimated date of delivery;
we will letyou have a revised estimated date for delivery.
5.4 You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of them.
5.5 Delivery of the Products will take place whenwe deliver them to the address thatyou gave tous or, if you buy them from our distillery or other retail outlet, at the address where you take possession of the particular Products.
6. Your privacy and personal information
7. Right to cancel for Consumers who order using the Website
7.1 If you are a Consumer and order using our Website, you have the right to cancel within 14 days without giving any reason provided you have not used your Membership Benefits. (For example, but without limitation, if you have broken the seal on a bottle and/or consumed any of the contents, or used any of your Membership Benefits, such a gift vouchers or attended a distillery tour). The cancellation period will expire after 14 days from the day on whichyou acquire, or a third party other than the carrier and indicated byyou acquires, physical possession ofthe Membership Benefits.
7.2 To exercise the right to cancel,you must informus ofyour decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of these Terms and Conditions.
7.3 To meet the cancellation deadline, it is sufficient foryou to sendyour communication concerningyour exercise of the right to cancel before the cancellation period has expired.
7.4 For the avoidance of doubt, if you buy from us offline, such as in the distillery, you will not have any right to cancellation.
7.5 If youare a Consumer and you cancel under clause8.1,we will reimburse toyou all payments received fromyou, including the costs of delivery of the Products provided to you as part of your Membership Benefits (except for the supplementary costs arising ifyou chose a type of delivery other than the least expensive type of standard delivery offered byus).
7.6 We may make a deduction from the reimbursement for loss in value of any Products supplied as part of your Membership Benefits, if the loss is the result of unnecessary handling byyou. (For example, if you damage any of the packaging of the Products which have been supplied as part of your Membership.)
7.7 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the daywe received back fromyou any Products supplied; or
(b) (if earlier) 14 days after the dayyou provide evidence thatyou have returned the Products; or
(c) if there were no Products supplied, 14 days after the day on whichwe are informed aboutyour decision to cancel.
7.8 We will make the reimbursement using the same means of payment asyou used for the initial transaction, unlessyou have expressly agreed otherwise; in any event,you will not incur any fees as a result of the reimbursement.
7.9 We may withhold reimbursement untilwe have received the Products back oryou have supplied evidence of having sent back the Products, whichever is the earliest.
7.10 Ifyou have received any Products as part of your Membership Benefits:
(a) you shall send back the Products to us at Flat 2, 1-2 Gray Street, Whitby, United Kingdom, YO21 1EP, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Productsbefore the period of 14 days has expired;
(b) you will have to bear the direct cost of returning the Products to us; and
(c) you are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
8. Your rights as a Consumer
8.1 If you are a Consumer in all cases, the Consumer Rights Act 2015 givesyou certain legal rights (also known as 'statutory rights'), for example, the Membership Benefits:
(a) are of satisfactory quality;
(b) are fit for purpose; and
(c) match the description, sample or model.
We must provideyou with Membership Benefits that comply withyour legal rights.
8.2 Whilewe try to make sure that:
(a) all sizes and measurements set out on the Website are as accurate as possible; and
(b) the colours ofour Membership Benefits are displayed accurately on the site, the actual colours thatyou see onyour computer may vary depending on the monitor thatyou use.
8.3 Ifwe can't supply certain Products as part of your Membership Benefits we may need to substitute them with alternative Products of equal or better standard and value. In this case:
(a) we will letyou know ifwe intend to do this but this may not always be possible; and
(b) you can refuse to accept such substitutes, in which casewe will offeryou a refund or a replacement and letyou know how long such an offer remains open for.
8.4 If you are a Consumer, your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights') are set out at the bottom of this contract. They are a summary of some ofyour key rights. For more detailed information onyour rights and whatyou should expect fromus, please:
(a) contactus using the contact details at the top of this page; or
(b) visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
8.5 Nothing in this contract affectsyour legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights').You may also have other rights in law.
9. End of the contract
If this contract is ended it will not affectour right to receive any money whichyou owe tous under this contract.
10. Limit onour responsibility toyou
10.1 Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:
(a) death or personal injury caused by our negligence;
(b) your statutory rights (if you are a Consumer);
(c) fraud or fraudulent misrepresentation; or
(d) any other losses which cannot be excluded or limited by applicable law.
10.2 Except as described in clause11.1,we are not legally responsible or liable to you for any (whether direct or indirect) of the following types of losses:loss of profit; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation or loss of goodwill.
10.3 Except as described in clause11.1, our total liability to you shall not exceed the sum of the price paid by you for the Membership Package.
10.4 We will not be liable for any loss (including death or personal injury) that does not result from our negligence, including but not limited to, any loss resulting from the abuse of or effects of alcohol relating to the Products that are part of your Membership Benefits or of the misuse of the Products by you or any other person.
11.1 We will try to resolve any disputes withyou quickly and efficiently.
11.2 Ifyou are unhappy with:
(a) your Membership;
(b) the Products which are the subject of your Membership Benefits;
(c) our service toyou; or
(d) any other matter,
please contactus as soon as possible.
11.3 Ifyou want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract.
11.4 The laws ofEngland and Wales will apply to this contract.
12. Entire Agreement
12.1 This contract constitutes the entire agreement between us relating to its subject matter. We both acknowledge that we have not entered into this contract on the basis of any warranty, representation, statement, agreement or undertaking except those expressly set out in this contract.
12.2 We both waive any claim for breach of this contract, or any right to rescind this contract in respect of, any representation which is not an express provision of this contract.
12.3 However, this clause does not exclude any liability which we may have to each other (or any right which either party may have to rescind this contract) in respect of any fraud or fraudulent misrepresentation.
13. Third party rights
No one other than a party to this contract has any right to enforce any term of this contract under the Contracts Rights of Third Parties Act 1999.