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Terms and Conditions

This page (together with the documents referred to on it) details the terms and conditions on which we supply any of the products (“Products”) listed on our website www.smws.com, including its microsites, (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. Information About Us

www.smws.com is a site operated The Scotch Malt Whisky Society Ltd. (“we” or “us”). We are registered in Scotland under company number SC83022 and with our registered office at The Vaults, 87 Giles Street, Edinburgh, Scotland, EH6 6BZ.

2. Age Restriction

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 or any person resident in a country where such sale would be contrary to local law. By placing an order through our site you warrant that you are of a lawful age. For this reason, we may refuse an order at our discretion and orders may not be transferred from the customer to any other person. If you are buying Products as a gift, the recipient must also be of a 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 some form of ID.

3. How the contract is formed between us and you

After you place an order, we shall advise you as soon as possible if we cannot fulfil it for any reason such as unavailability of stock, as you will appreciate that our stocks of product are by their nature limited. In such circumstances, we may suggest an alternative item to you but will not substitute it unless you agree. A substitute product may change the price payable. The contract between us (the “Contract”) will only be formed when we despatch your order. The Contract will relate only to those Products which we despatch. We will not be obliged to supply any other Products which may have been part of your order.

4. Consumer Rights

If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7 below).

To cancel a Contract, you must inform us in writing and a form of cancellation notice is set out at the end of these terms and conditions. You must also 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 have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5. Payment and Order Process

By placing an order, you represent that you authorise us to act on your behalf to engage a common carrier to deliver your order to the destination indicated by you. We make no representation as to the right of any person to import any product in to any country or state. Local taxes and excise duties that might apply are your responsibility.

The products are sold under the condition that they will at no point become the subject of duty or tax evasion. Ensuring that any relevant duties or local taxes have been paid remains the sole responsibility of the customer and we will not be liable for any actions undertaken without the appropriate duties having been paid subsequent to sale.

We cannot be held responsible for any orders that are seized, impounded or have additional duty charged on them by Customs.

You can pay for Products purchased from smws.com by using any of the following cards: Visa Credit Card, Mastercard, Visa Debit, Delta and Switch. Regrettably, we do not accept Visa Electron and Diners cards. You must give us authority for payment at the time of order.

Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order and you will be automatically charged for your order once payment has been completed.

Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

Although we have taken reasonable precautions to ensure our site is secure, and we believe it is secure, we do not provide any undertaking nor do we accept any liability should there be a breach or failure of security.

We do not accept payment by cheque.

All e-vouchers have specific terms and conditions, including one voucher per transaction only.

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 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.

Acceptance

As all products and services are subject to availability, there will be no contract of any kind between you and us unless and until we actually process and dispatch the goods to you. Your order is an offer to buy from us. This means that nothing that we do or say amounts to any acceptance of that offer until we actually process and dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are processed and dispatched, and not before, a contract will be made between you and us and you will be charged for the goods. If your order is dispatched in more than one delivery, our acceptance of each part of the order takes place on dispatch of the product.

Should we accept your order, the price applicable to goods ordered by you shall be that shown on the Site at the point at which 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). We reserve the right to correct any pricing errors or misprints which we later discover. We will notify you of any such error to discuss the correct price and seek agreement to proceed with the sale at the correct price or to refund the incorrect price without receiving the goods. 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, including the type of goods ordered.

The contract for our sale and your purchase of the goods shall be made at the time of despatch. 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 20 days of the date of your order.

We will inform you of the non-availability of any goods ordered by you within 7 days of the date of your order and will refund your credit card the full amount paid in respect of such goods within 7 days of your order.

6. Delivery Instructions and Advice

Deliveries are made usually during business hours on Monday to Friday, 9am-5pm, using a third-party courier; to ensure prompt delivery someone must be present to sign for the parcel.

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 and following a 2nd unsuccessful attempted delivery by the courier, the parcel will be held by the courier for a maximum of 2 weeks before it is returned to us - the cost of which will be passed on to the customer. It is your responsibility as a customer to contact your local depot to arrange re-delivery. 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 note that all orders must be signed for and cannot be left in a safe place, so it is the customer’s responsibility to provide full address details.

Neither we nor our carrier will be liable for non-receipt of the goods. We will deliver to the address as you have entered it on the order. We cannot accept any liability for late or failed delivery if the quoted address is incorrect or incomplete. Please check the delivery address if you are uncertain. If you request a delivery to a business, we shall consider the delivery to be successful, if it is delivered to a reception area and signed for by a representative at that address.

Delivery can take up to 20 days from the date we receive your order, although every effort will be made to despatch earlier. All parcels are sent by insured carrier and must be signed for. Do not accept damaged goods. If goods fail to arrive after 20 days, please notify us on 0044 131 555 2929 (Mon-Fri 9am-4.45pm). We do our best to secure delivery within 20 days of the date of your order, but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control. Please note that we can only deliver whisky to an address within the EU. Variable charges may apply for deliveries to specific mainland and non-mainland EU regions.

Delivery to the Channel Islands

Channel Islands members will be charged VAT at current rate for all transactions, but will receive a discretionary discount from SMWS. Members are responsible for any/all duty charges which may apply for goods dispatched to the Channel Islands.

We regret to inform you that we are only able to ship our products to addresses within the EU and these orders are sold subject to UK alcohol tax. If we are exporting products to an address in the EU then prices are subject to UK VAT.

FREE STANDARD DELIVERY OFFER

Free standard delivery is offered on all UK Mainland orders, excluding all new membership products, addressed to destinations within the UK Mainland. Areas deemed ‘remote’ by the courier and EU addresses incur additional charges. All other terms and conditions apply. The SMWS reserve the right to withdraw this offer at any time without notice.

7. Returns, Refunds & Replacements

We hope you will be happy with your purchase. However, should you feel it necessary to return an item, we aim to make the returns process as simple as possible. To arrange this, please contact us on 0044 131 555 2929 (Mon-Fri 9am-4.45pm) or by e-mail on sales@smws.com . Please note the Society cannot replace any whisky bottles that have been opened.

Any returned products must be returned to us in good condition, with all packaging intact and within 14 days of delivery of the goods to the customer. All refunds and reimbursements will be arranged within 30 days of our acceptance 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. You should confirm to us on 0044 131 555 2929 (Mon-Fri 9am-4.45pm) or by e-mail to sales@smws.com that the return is being made prior to sending it to:

The Scotch Malt Whisky Society, C/O: DAVID GRIBBIN, JOHN G RUSSELL (TRANSPORT) LTD, DEANSIDE ROAD, 'E' WAREHOUSE, HILLINGTON, GLASGOW G52 4XB, UK including visible / legible note explaining the return and reason for it.

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 couriers’ documentation. We must have confirmation of these breakages or shortages within 2 working days of delivery. Photographic evidence is required by our carrier company if an item has been damaged during transit.

If you have bought a ticket for one of our events and are no longer able to attend, please let us know at least 14 days in advance in order to arrange a refund.

8. Prices, Availability and Promotions

Please note we have endeavoured 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. We reserve the right to correct any pricing errors or misprints which we later discover. We will notify you of any such error to discuss the correct price and seek agreement to proceed with the sale at the correct price or to refund the incorrect price without receiving the goods.

If for any reason beyond our control we are unable to supply a particular Product we will notify you as soon as possible.

9. Products

Please note that all our whiskies are sold in 70cl (700ml) bottles unless otherwise specified.

10. 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).

11. Privacy and Cookies

We have a separate privacy policy (“Privacy Policy”) which relates to our use of your personal information. We would encourage you to read our Privacy Policy. Our Privacy Policy is available on our site.

We use a technology called "cookies" as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

12. Website Terms and Conditions

You hereby acknowledge that you have read our Website Terms of Use, which are available on our site. Breach of our Website Terms of Use constitutes a breach of these terms and conditions of which they form part.

13. Contact Us

If you have an order query, please e-mail us at sales@smws.com or call 0044 131 555 2929 (Mon-Fri 9am-4.45pm). The Scotch Malt Whisky Society, 28 Queen Street, Edinburgh, EH2 1JX.
Company Registration No. SC83022 VAT No. GB 202 99 33 15
Unless explicitly stated otherwise, all rights including those in copyright in the content of this website are owned by or controlled by The Scotch Malt Whisky Society Ltd.

14. 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 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.

15. 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.

16. 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 between us, relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

Nothing in this clause shall limit or exclude any liability for fraud.

17. 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, amongst 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 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 days of receipt by you of the Products).

18. Governing Law and 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.

19. Privacy

For information about how we use contact details supplied to The Scotch Malt Whisky Society, please read our privacy statement.

20. Customer Services

If you have an order query, please e-mail us at sales@smws.com or call 0044 131 555 2929 (Mon-Fri 9am-4.45pm). The Scotch Malt Whisky Society, The Vaults, 87 Giles Street, Edinburgh, EH6 6BZ UK.

Company Registration No. SC83022 VAT No. GB 202 99 33 15

Unless explicitly stated otherwise, all rights including those in copyright in the content of this website are owned by or controlled by The Scotch Malt Whisky Society Ltd. © 2009

Conditions of Membership

Membership Card
  1. Membership is available to qualifying individuals aged 18 years and over in the EU or of legal drinking age in their country of residence.
  2. The membership card can only be used by the individual to whom the card has been issued.
  3. The Scotch Malt Whisky Society Ltd reserves the right to refuse membership to any applicant. Membership is revocable by The Scotch Malt Whisky Society without cause and without refund for any remaining period of the subscription.
  4. Your membership card must be shown on entering Members’ Venues.
  5. Membership is subject to any and all rules adopted by The Scotch Malt Whisky Society, and these rules may be amended from time to time without notice.
Lost/Stolen Cards

Lost or stolen cards should be reported as soon as possible to the UK Sales Team. Replacement cards will be issued on request and at our discretion. Repeated requests for replacement cards will be charged for at £10 per card. Replacement cards can only be issued in the name of the original member.

Membership Fee - Renewal

Memberships can be renewed annually at the rates below, which are applicable to all renewals made within the first 5 weeks following the expiration of the membership.

Single Annual Membership Renewal – online or direct debit: £61.50.

Single Annual Membership Renewal – telephone via the UK Sales team: £71.50.

Payment

If any legal action is brought by The Scotch Malt Whisky Society Ltd. to collect monies, the member will pay the face amount of the cheque, plus interest thereon at the rate of two per cent (2%) per month, plus expenses incurred during collection.

Title to all merchandise passes to the member when full payment is received and goods are dispatched.

Only members with valid membership cards may purchase items at special Members prices at www.smws.com

Membership Renewal

1. Renewal is for a 12-month period based on the month of initial enrolment, whether or not shopping privileges have been exercised.

2. Renewal fee may be paid online at www.smws.com

Gift Vouchers

As used in this Agreement, "we" or “The Society” or “The Scotch Malt Whisky Society” means The Scotch Malt Whisky Society Ltd and "you" means the individual or entity purchasing gift vouchers (“the Service”) from The Scotch Malt Whisky Society. Any individual or entity that wants to use the Service must accept the terms of this Agreement without change. By accepting to our Terms and Conditions, you agree to be bound by all terms of this agreement, as well as The Scotch Malt Whisky Society Ltd’s Terms and Conditions, Privacy Notice, Conditions of Use and www.smws.com gift voucher Terms and Conditions and all specifications and guidelines.

1. Eligibility

You must a EU resident aged 18 years or over.

2. Redemption

The Society’s Gift Vouchers (including products branded as “Gift Certificates”) may only be redeemed toward the purchase of eligible products on www.smws.com. Purchases are deducted from the redeemer's Gift Voucher balance. Any unused Gift Voucher balance will be placed in the redeemer's smws.com account. If a purchase exceeds the redeemer's Gift Voucher balance, the remaining amount must be paid with another payment method. To view your Gift Voucher balance, visit Your Account on www.smws.com.

3. Limitations

Gift Vouchers, including any unused Gift Voucher balances, expire 12 months from the date of issuance. Gift Vouchers may not be redeemed for the purchase of products at www.smws.com, or any other person or entity, except as indicated by these terms and conditions. Gift Vouchers cannot be used to purchase other Gift Vouchers. Gift Vouchers cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift Voucher balances in a smws.com account may not be transferred to another smws.com account.

4. Risk of Loss

The risk of loss and title for Gift Vouchers pass to the purchaser upon our electronic transmission of the Gift Voucher to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Voucher is lost, stolen, destroyed or used without your permission.

5. Fraud

We will have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently-obtained Gift Voucher is redeemed and/or used to make purchases on www.smws.com.

6. Limitation of Liability

We make no warranties, express or implied, with respect to Gift Vouchers, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Voucher is non-functional, your sole remedy, and our sole liability, will be the replacement of such Gift Voucher. If the applicable law does not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions or limitations may not apply to you.

7. General Terms

The Scotch Malt Whisky Society’s Terms & Conditions apply. Gift Vouchers are issued by The Scotch Malt Whisky Society Ltd, based in Edinburgh, UK. When you purchase, receive or redeem a Gift Voucher, you agree that the laws of Scotland will govern these Gift Voucher terms and conditions. We reserve the right to change these terms and conditions from time to time at our discretion. All terms and conditions are applicable to the extent permitted by law.

  1. The Scotch Malt Whisky Society Ltd. Rewards scheme and their associated clubs and benefits are operated by The Scotch Malt Whisky Society Ltd. The Vaults, 87 Giles Street, Edinburgh, EH6 6BZ. Company Registration No. SC83022 VAT No. GB 202 99 33 15.
  2. To get the latest Terms and Conditions or for general enquiries please call 0044 131 555 2929 (Mon-Fri 9am-4.45pm) or write to The Scotch Malt Whisky Society Ltd. 28 Queen Street, Edinburgh, EH2 1JX.
  3. The Scotch Malt Whisky Society Ltd. can cancel, withdraw or alter the scheme, including these Terms and Conditions, or any individual The Scotch Malt Whisky Society Ltd. Rewards account, at any time.
  4. The UK The Scotch Malt Whisky Society Ltd. Reward scheme is only valid in the UK.
  5. You may hold only one Rewards account. If we identify that you hold two or more The Scotch Malt Whisky Society Ltd. Reward accounts, we may merge them into one account at our discretion.
  6. The Scotch Malt Whisky Society Ltd. Rewards scheme is for personal use only, business use is strictly prohibited and constitutes abuse. The Scotch Malt Whisky Society Ltd. reserves the right, at point of purchase or retrospectively, to determine whether a transaction constitutes business usage.
  7. The Scotch Malt Whisky Society Ltd. can take any action it considers appropriate, including removing or suspending a The Scotch Malt Whisky Society Ltd. Rewards account and points accrued, if we have reason to believe you are abusing the scheme or associated clubs and offers.
  8. The Scotch Malt Whisky Society Ltd. will remove The Scotch Malt Whisky Society Ltd. Rewards points from The Scotch Malt Whisky Society Ltd. Rewards accounts that haven't been used for two years or have been closed.
  9. To benefit from The Scotch Malt Whisky Society Ltd. Rewards scheme you must be a United Kingdom resident aged 18 years or over.
Form of cancellation notice

To: The Scotch Malt Whisky Society Limited, 28 Queen Street, Edinburgh EH2 1JX.

Email: sales@smws.com

I/We [*] hereby give notice that I/We [*] cancel My/Our [*] contract of sale of the following goods:

Ordered on [*]/received on [*]:

Name of consumer(s):

Address of consumer(s):

Reason for cancellation:

Signature of consumer(s) (only if this form is notified on paper):

Date [*]

Delete as appropriate

These product terms and conditions affect your rights and liabilities under the law and set out the terms under which The Scotch Malt Whisky Society makes the products available to you ("Product Terms") so please take a moment to read.