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Terms & Conditions
In this Agreement the following words and expressions shall where the context so admits have the following meanings:
- “Cask88” means Cask88, a Company in Scotland;
- “Customer” means the person or company, as the case may be, designated as the customer in the Order Form;
- “Designated Address” means the address as may be designated by the customer;
- “Goods” means the spirit, whisky, art and alcoholic beverages as set out in the Purchase Details of the Order Form;
- “Order Form” means the written confirmation of the order as provided in Clause 2.2 herein;
- “Order” means the placement of the order for all types of spirit, whisky and alcoholic beverages made by the 18+ Customer with Cask88 and accepted.
Placement of Order
An order can be made by whatever means with an authorized AGENT of Cask88 or directly by customer on cask88.com.
Cask88 reserves the right to reject or amend any order made in its absolute discretion. Receipt of any order by Cask88 is not effective until it is confirmed and accepted in writing by way of email, by Cask88 to the Customer.
Subject to Clause 2.5, no Order which has been accepted by Cask88 may be cancelled by the Customer.
Cask88’s employees or agents are not authorised to make any representations concerning the Goods unless such representations are confirmed by Cask88 in writing. The Customer shall at all times not rely on any representations by Cask88’s employees or agents unless such representations have been confirmed in writing by Cask88.
An order made may be cancelled by the Customer if within seven (7) days of the acceptance of the order by Cask88, the Customer gives Cask88 a notice in writing of the cancellation. The cancellation by the Customer shall be subject to the Customer indemnifying Cask88 in full against all loss, damages, charges and expenses incurred by Cask88 as a result of the cancellation.
Price and Payment
Payment by the Customer is for alcoholic drink and shipping only; the Customer is responsible for their own relevant taxes and in no shape or form is Cask88 responsible for any taxes or duties regarding the Customer’s purchase. Packages can be sent as “collectible glassware,” “collectible malt” or others at the Cask88 shipper’s decision; any and all Customers understand and accept this.
Parcels may be sent direct to the Customer from any country and warehouse of Cask88’s choosing. Subject to Clause 3.4, the price of the Order shall be the price as stated in the online Order Form or Order Form emailed from the Cask88 office.
Payment for the Goods shall be made by the method designated by Cask88’s online website or the Cask88 office.
Cask88 reserves the right, by giving notice to the Customer at any time before delivery of the Goods, to increase the price of the Order to reflect any increase in the cost to Cask88 which is due to any factor beyond the control of Cask88 (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of transportation), any change in delivery dates, quantities or specifications for the Order which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Cask88 adequate information or instructions.
Delivery and Storage
Except as otherwise provided in the Order Form, and unless otherwise agreed in writing between the Customer and Cask88, all prices given by Cask88 shall include:
Delivery of the Goods from and in the designated warehouse or where (destination) the Customer stipulates;
Packing and delivery of Goods from the country of origin to the warehouse or alternative destination as designated by the Customer.
Once the Goods have arrived at the stipulated destination and been signed for, full title and control will pass to the Customer.
Any delivery date specified by Cask88 for delivery of the Goods is approximate only, and Cask88 shall not be liable for any delay in the delivery of the Goods. Time for delivery shall not be of the essence to the contract unless previously agreed by Cask88 in writing. The Goods may be delivered in advance of the delivery date specified; Cask88 is not responsible for late delivery by the courier company.
Notwithstanding anything contained in these terms and conditions, Cask88’s liability in respect of the delivery of the Goods shall be limited to the excess (if any) of the original cost to the Customer when purchasing from Cask88 (in the cheapest available market) or of similar goods to replace those not delivered over the price of the Goods.
If the Customer fails to take delivery of the Goods or fails to give Cask88 adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Cask88’s fault) then, without prejudice to any other right or remedy available to Cask88, Cask88 may:
Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer the excess over the price under the Agreement or charge the Customer for any shortfall below the price under the Agreement.
Any advice or recommendation given by Cask88 or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Cask88 is followed or acted upon entirely at the Customer’s own risk, and accordingly Cask88 shall not be liable for any such advice or recommendation which is not so confirmed.
Risk and Warranty
Risk of damage to or loss of the Goods shall pass to the Customer:
In the case of Goods to be delivered to the Customer at the time when Cask88 notifies the Customer that the Goods are available for collection; or courier delivers them.
In the case of Goods to be delivered otherwise than at the designated address, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, at the time when Cask88 has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Customer until Cask88 has received payment in full for the Goods and all other goods agreed to be sold by Cask88 to the Customer for which payment is due.
Until such time as the property in the Goods passes to the Customer (and provided that the Goods are still in existence and have not been resold), the supplier shall be entitled at any time to require the Customer to deliver up the Goods to the supplier and, if the Customer fails to do so forthwith, the supplier shall enter any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
Cask88 does not warrant:
The quality, fitness for drinking, use or purpose or freedom from defect or deterioration of the Goods, either at the time of delivery or deemed delivery or at the time of collection by the Customer.
The market value or appreciation in value of the Goods; or that the Goods comply with any description of the Goods in any marketing materials or packaging or the information on any label or that the Goods comply with any sample.
Cask88 shall not in any circumstances be liable for any indirect or consequential loss or damage arising from wastage, spoilage or the deterioration of any Goods, the loss of market for the Goods, decline in the value of any Goods or for the damages arising from or attributable to any cause. Cask88 shall not in any circumstances be liable or obliged to repurchase the Goods or to effect any future sale of the Goods.
Some goods are vintage and are excepted as such and in such condition when ordered.
Cask88 shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of Cask88’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Cask88’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Cask88’s reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- Import or export regulations or embargoes;
- Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Cask88 or of a third party).
Governing Law and Jurisdiction
This Agreement and these terms of sale shall be construed in accordance with and governed in all respects by the laws of the UK and the parties hereto agree to submit, subject to recourse to arbitration as herein provided, to the non-exclusive jurisdiction of the courts of the UK.
Contracts (Rights of Third Parties) Act (Cap. 53B)
Unless otherwise expressly stated herein, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement.
The clause and paragraph headings in this Agreement are for ease of reference only and shall not be taken into account in the construction or interpretation of any covenant, condition or provision to which they refer.
Words in this Agreement importing the singular meaning shall where the context so admits include the plural meaning and vice versa.
References in this Agreement to any statutes or statutory instruments shall include and refer to any statute or statutory instrument amending, consolidating or replacing them respectively from time to time and for the time being in force.
Words in this Agreement for the masculine gender shall include the feminine and neuter genders and vice versa and words denoting natural persons shall include corporations and firms and all such words shall be construed interchangeably in that manner.
Where two or more persons are included in the term Customer all covenants, agreements, terms, conditions and restrictions shall be binding on and applicable to them jointly and each of them severally, and shall also be binding on and applicable to their personal representatives and permitted assigns respectively jointly and severally.
No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and Cask88. Notwithstanding the foregoing, if any of these terms and conditions are not valid or legally enforceable, the other terms and conditions shall not be affected. Cask88 may replace any term or condition that is not legally effective with a similar term or condition that is legally effective.
This agreement is available in English; the English version shall prevail.