Terms & Conditions

ISLE OF BUTE GIN COMPANY LTD

The sale of all products and services by Isle of Bute Gin Company Ltd (“IOBD” or “we” or “us”) to customers is made subject to the following terms and conditions:

Service Terms – which set out the terms and conditions upon which IOBD operates isleofbutedistillery.com (the “Website”) and makes it available to customers, including all information, features, tools and services accessible on the Website. By visiting the Website you are engaging IOBD’s services and you agree to be bound by the Service Terms. The Service Terms apply to all users of the Website including, without limitation, users who are visitors, browsers, vendors, customers, merchants and/or content contributors.

Contract Terms – which set out the terms and conditions upon which IOBD agrees to sell, and the customer agrees to purchase, IOBD products. Please read these terms carefully and make sure that you understand them before ordering any IOBD products. Note that before placing an order you will be asked to agree to these terms. If you do not accept these terms you will not be able to order any IOBD products.

Together the Service Terms and Contract Terms make up the “IOBD T&Cs”. IOBD reserves the right to amend the IOBD T&Cs from time to time to reflect changes to our business practices or for other operational, legal, or regulatory reasons. Any updates to the IOBD T&Cs will be displayed on the Website.

About Us:

The website isleofbutedistillery.com is powered by WordPress and owned and operated by Isle of Bute Gin Company Limited, a company registered in Scotland under company number SC675349 with registered office at Pavilion 1 Finnieston Business Park, Minerva Way, Glasgow, United Kingdom, G3 8AU.

SERVICE TERMS

Your use of the Website is governed by these terms and conditions. Please read these terms carefully and make sure that you understand them before ordering any IOBD products from the Website. Note that before placing any order you will be asked to agree to these terms.

Website Access: By using the Website you are agreeing to the Service Terms, you represent that you are at least the legal drinking age in your state or province of residence. IOBD reserves the right to refuse or limit our Website services to anyone for any reason at any time.

Unauthorised Use: You agree not to use our products for any illegal or unauthorised purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).

Website Integrity: You must not transmit to the Website, or expose the Website to, any computing viruses, bugs, malware or any other code that compromises the security and integrity of the Website. IOBD accepts no liability for any loss, damage, cost or other liability incurred by you as a result of any virus, malware or malicious code gaining access to your computer hardware via the Website or as a result of you interacting with the Website.

Breach: A breach or violation of any of these terms will result in an immediate termination of your services from the Website.

Information Transfer: You agree that by using the Website and/or purchasing IOBD products from the Website your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Unauthorised Reproduction: You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website services, use of the Website services, or access to the Website service or any contact on the Website through which such services are provided, without the express prior written consent of IOBD.

Third-Party Tools: You agree that:

to make full use of the Website services we may provide you with access to third-party tools, website features and software plug-ins (“Tools”) over which we neither monitor nor have any control nor input;
we provide access to such Tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party Tools;
any use by you of Tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such Tools are provided by the relevant third-party providers; and
we may, in the future, offer new services and/or features through the Website (including, the release of new Tools and website resources) and that such new features and services shall also be subject to these terms.

Third-Party Materials: Certain content, products and services available via our Website may include materials from third-parties, such as in our articles and email marketing materials. Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites and materials and we do not warrant and do not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Liability Exclusion: We are not liable for any loss or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Customer Comments: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, and otherwise use in any medium (including for the purpose of marketing materials) any Comments that you submit to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

Website Editing: We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise inappropriate or objectionable or violates any party’s intellectual property or these terms.

Intellectual Property: Unless expressly stated otherwise, all materials on the Website, including but not limited to texts, images, illustrations, software, audio clips, video clips and animation files, remain subject to the intellectual property rights of IOBD, whether registered or unregistered. Consequently, materials on the Website may not be copied, reproduced, modified, posted, transmitted, distributed, in whole or in part in any form whatsoever, without the prior written consent of a director of IOBD. All rights reserved.

No Violation: You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computing virus, bug or other malware that could in any way affect the operation of the Website or any related website. You agree not use a false e-mail address, pretend or purport to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Privacy Notice: Your submission of personal information through our Website is governed by the terms of the IOBD Privacy Notice, a copy of which is set out below.

Website Errors: Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and stock availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information displayed on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted and paid for your order).

Website Updates: We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

Prohibited Use: In addition to other prohibitions as set forth in these terms, you are prohibited from using the Website (or any of its content): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, defame, slander, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code or malware that will or may be used in any way that will affect the functionality or operation of the Website or of any related website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape (in a computing context); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website. We reserve the right to terminate your use of the Website or any related website at any time for violating any of the prohibited uses.

No Representation: We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

Website Removal: You agree that from time to time we may remove the Website services (in whole or part) for indefinite periods of time or cancel such services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website services is at your sole risk. The Website and all products and services delivered to you through the Website services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
No Liability: In no case shall IOBD, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any products or services procured using the Website, or for any other claim related in any way to your use of the Website for or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnity: You agree to indemnify, defend and hold harmless IOBD and any parent company, subsidiaries, partners, officers, directors, employees, agents, and contractors, from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of any third-party.

Severability: In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms are effective unless and until terminated by either you or IOBD. You may terminate these terms at any time by notifying us that you no longer wish to use our Website services, or when you cease using our site. If in our sole discretion you fail, or we suspect that you have failed, to comply with any provision of these terms, then we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and accordingly we may deny you access to our Website (or any part thereof).

Entire Agreement: Any failure or delay by us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. These terms and any policies or operating rules posted by us on the Website or in respect of these terms, in conjunction with the Contract Terms (as applicable), constitutes the entire agreement and understanding between you and IOBD and governs your use of the Website services, superseding any prior or contemporaneous agreements, communications and representations, whether oral or written, between you and IOBD (including, but not limited to, any prior iterations of these terms).

Governing Law: These terms, the interpretation of these terms, and any dispute in respect of their application, or the performance or non-performance of any rights or obligations under these terms, shall be governed by and interpreted in accordance with the laws of Scotland. You and we agree to that the courts of Scotland will have non-exclusive jurisdiction in respect of any such dispute.

Interpretation: The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms. Any ambiguities in the interpretation of these terms shall be construed in favour of the drafting party.

CONTRACT TERMS

All customer purchases from IOBD are governed by the Contract Terms, as in force at the time of placing your order. Please take the time to read these terms as they include important information which apply to your purchase. You will not be able to proceed to purchase from IOBD without confirming that you have read and agree with these terms.

Website Access: If you are a consumer, you may only purchase Products from the Website if you are at least the legal drinking age in your country or region of residence. If you are not a consumer, you confirm that you are the legal drinking age in your country or region of residence and you have the authority to bind any business on whose behalf you use the Website to purchase IOBD products.
Entire Agreement: These terms and any document expressly referred to in them, or incorporated by hyperlink, in conjunction with the Service Terms (as applicable), constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter (including, but not limited to, any prior iterations of these terms).
No Reliance: You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty that is not set out in these terms.
No Misrepresentation: You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this contract.
Contract Formation: After you place an order on the Website, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when you receive your dispatch confirmation e-mail (“Order Confirmation”). The contract between us will only be formed when we send you the Order Confirmation.
No-Fault Cancellation: If we are unable to supply you with a product (for example, because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website), we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged.
Product Access: IOBD reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These limitations may include orders placed by or under the same customer account, using the same credit card, or orders that use the same billing or shipping address. IOBD reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or by or on behalf of persons under the legal drinking age.
Variation: IOBD reserves the right to amend the Contract Terms from time to time. Please refer to the top of this document to see when the Contract Terms were last updated. IOBD reserves the right to revise these terms as they apply to your order from time to time to reflect changes in laws and regulatory requirements applicable to IOBD products. If we have to revise these terms as they apply to your order, we will contact you to give you reasonable notice of the changes and let you know how to cancel the contract if you are not happy with the changes. If you opt to cancel the contract, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid for those products.
Product Illustrations: The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that your computer’s display of the colours and contrasts accurately reflects the in-person look and feel of the product. IOBD products may vary slightly from those images. The packaging of the products may vary from that shown on images on our Website.
Payment: You can pay for IOBD products using a debit card, credit card, PayPal, Apple Pay or Google Pay. We accept the following cards: Visa, Mastercard and American Express. Payment methods are subject to change without warning.
Payment Fraud: Payment for all IOBD products (including pre-orders) and all applicable delivery charges are taken in advance at the point of order. Our Website provider and payment providers work hard to detect cases of possible fraud. To protect the integrity of the Website, and the security of your payment information, you agree to only use discount codes that you have been provided with explicitly and directly from IOBD (and can provide evidence of such discount code been given to you by IOBD staff for personal use). You agree not to pass on any discount code to any third party without prior written consent from a director or manager of IOBD.
Cancellation: If you wish to cancel an order before it has been delivered to you then please contact info@isleofbutedistillery.com quoting your name, phone number, order reference number and delivery address. If the order has already been dispatched from our premises, we will make reasonable efforts to halt the delivery in transit and prevent it reaching you to minimise additional postage and handling costs. In respect of a cancelled order, you will be refunded the original purchase price (using the payment method selected at order checkout), less the original delivery costs and less any additional postage and handling costs incurred in returning the order to our business premises. Our delivery service is executed by DPD’s UK courier service and IOBD does not have control of parcels once they leave our business premises.
Delivery: Delivery of certain orders, especially those including alcohol products, may require a recipient signature on delivery and if the recipient is not available at the delivery address IOBD accepts no responsibility for non-delivery within the quoted timeframe.
Courier Handling: Items sent via any of our courier service providers should arrive in appropriate condition. If they do not and the contents of your package are damaged we must be advised of this (by email to info@isleofbutedistillery.com) within 24 hours of receipt of goods. We may require visual evidence such as a photographs of the damage in order to rectify this situation for you.
Warranty Exclusion

All information and materials provided by IOBD about its products, whether via the Website or otherwise, come without warranties of any kind, expressed or implied, including without limitation, warranties or conditions of merchantability, fitness, quality, durability or suitability for any particular purpose.

Returns: You can arrange a return of your IOBD product(s) by e-mailing info@isleofbutedistillery.com before delivery of your order or no more than 7 days after the order has been delivered to you (or your nominated delivery address), provided the product remains in its pre-delivery condition. In the instance of drinks products, the shrink wrap or tamper seal on the product must not have been touched. Once you receive notice from us that the return is valid and has been accepted by us, you have a further 7 days to return the product to the return address specified by us. In the case of no-cause returns, all postage and courier costs are the responsibility of the customer. Please note that any original postage/delivery fees for the order will not be refunded.
Faulty Goods: If upon receipt of your order any product is faulty or defective then please contact info@isleofbutedistillery.com immediately, and in any case no more than 7 days after receipt of the product. We will then contact you to confirm the condition of the product and arrange for an inspection if required. Your right to a refund for faulty goods is conditional upon notice of the fault being provided to IOBD no more than 30 days after you receive the product. We strongly encourage all customers to inspect their orders when they arrive and contact IOBD if any apparent faults present. If it is determined that the product is faulty or defective then return of the product will be arranged and a full refund will be issued to you (using the payment method selected at order checkout) within 10 business days.
Self-Repair: You agree not to dispose of or attempt to alter any product that is seemingly defective or faulty until you have contacted IOBD and spoken with one of our customer care team members and we have agreed in writing, usually by email, that it is okay to do so. Disposing of the product may compromise your right to return/refund the product.
Return Condition: All product returns are subject to the condition that they are unused and in the same original condition (including all original, inner and outer protective packaging intact) as it was when the product was delivered to you. Returns will not be accepted, and refunds will not be issued, in respect of products that have been used by the customer in the time since the product was first delivered to them.
Notification of Returns: Note that products that are sent back to us without first requesting a return via info@isleofbutedistillery.com will not be accepted.
Eligibility: Sale items, ex-display items and gift vouchers are not eligible to be returned, with the exception of goods that are determined to be faulty or defective.
Product Value: Once we have received your returned order, we will refund you the price you paid for the products. Note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, or if the goods are received in lesser condition than originally received by the customer.
Refund Period: We endeavour to process any refunds due to you as soon as possible, and within 10 business days of receiving and accepting your returned product, using the original payment method used at order checkout.
Colour Descriptions: Due to differences in how computer screens convey colour and how lighting effects tone, we cannot accept colour ‘not as described’ as a valid reason for return and refund. Although this does not impact your right to cancel and return your order, all associated costs and return criteria apply.
Sales Limits: We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
Exchanges: Please note that we do not offer general product exchanges.
Risk and Title: Delivery of an order shall be completed when we (or our courier service provider) deliver the products to the address specified for the order at checkout and the products will be the customer’s responsibility from that time and risk passes to you. You have title to the products once we have received payment in full, including all applicable delivery charges.
Dispatch: Orders are collected by our courier providers Monday-Friday, excluding bank and statutory holidays. Whilst our warehouse team may sometimes process your order on the weekend (and you may receive an Order Confirmation on a Saturday or Sunday), your order will not be collected by the courier for dispatch until Monday-Friday.
Pre-orders: Pre-orders may have a different delivery schedule to that detailed on the product page at the time of ordering and/or outlined in your Order Confirmation. Please note that estimated dispatch times indicated on the product page are not guaranteed.
Return Postage: Special offers that include free delivery on orders to certain postcode areas and addresses are not by extension eligible for free return postage.
Prices: The prices of the IOBD products will be as quoted on our Website at the time you place your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered into the Website system. Prices for our products may change from time to time, but changes will not affect any order you have already placed.
VAT: The price of IOBD products purchased within the United Kingdom includes Valued Added Tax (“VAT”), at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT that you pay, unless you have already paid for the products in full before the change in VAT takes effect.
Delivery Charges: The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process on the Website, before you confirm your order.
Website Errors: It is always possible that, despite our best efforts, a product on our Website may be incorrectly priced. We normally check prices as part of our dispatch procedures so that:

where the product’s correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the products to you; and
if the product’s correct price is higher than the price stated on our Website, we will contact you via e-mail to inform you of this error and give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your confirmation. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.

Product Inspection: It is agreed that IOBD are best placed and have the authority to inspect and decide if a product is defective, faulty or if damage has occurred.
Domestic Use: We only supply the products via our Website for domestic and private use. As a condition of purchasing any IOBD product(s), you agree not to use such product(s) for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Indemnity: You agree to indemnify, defend and hold harmless IOBD and any parent company, subsidiaries, partners, officers, directors, employees, agents, and contractors, from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of any third-party.

Force Majeure: IOBD will not be liable or responsible for any failure to perform, or any delay in performance of, any of our obligations under a contract that is caused by a Force Majeure Event. A “Force Majeure Event” means any act, omission or event that is beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster (including government-imposed restrictions or sanctions in connection with the Covid-19 pandemic or equivalent public health events), or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Force Majeure Notice: If a Force Majeure Event takes place that affects the performance of our obligations under a contract with a customer:

we will notify you as soon as reasonably practicable; and
our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of products to you, we will arrange a new delivery date with you after the impact of the Force Majeure Event has passed.

Non-performance: If our non-performance of contractual obligations due to a Force Majeure Event continues for more than 30 days then you may cancel the relevant contract. To cancel a contract in this manner please contact us at info@isleofbutedistillery.com. If you opt to cancel your order, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, excluding any delivery charges.
Interpretation: The headings used in these terms are included for convenience only and will not limit or otherwise affect the operation of these terms. For the purposes of these terms, the term “in writing” includes communications by e-mail. Any ambiguities in the interpretation of these terms shall be construed in favour of the drafting party.

Severability: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable and are therefore severed from the agreement, the remaining paragraphs will remain in full force and effect. Any ambiguities in the interpretation of these terms shall not be construed against IOBD.
Assignment / Assignation: We may assign, novate or transfer our rights and obligations under a contract to another legal person, but this will not affect your rights or our obligations under these terms. You may only assign, novate or transfer your rights or your obligations under these terms to another legal person with prior written consent of IOBD.
Third Party Rights: This contract is made between you and IOBD. No other person or legal entity shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
No Waiver: If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you and does not mean that you do not have to comply with your obligations under these terms. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Governing Law: These terms are governed by, and shall be interpreted in accordance with, Scottish law. This means that a contract for the purchase of products or services through the Website and any dispute or claim arising out of or in connection with such purchase will be governed by Scottish law. You and we agree to that the courts of Scotland will have non-exclusive jurisdiction in respect of any such dispute.

Last updated 19 May 2022