FOUNDERS' CLUB TERMS & CONDITIONS
1. THESE TERMS
1.1 These terms govern the sale of membership to the Founders’ Club (“Membership”) by us and will form the basis of the contract (“Contract”) between us and you (“you” or “Member”).
1.2 Please read these terms carefully before you purchase membership to the Cooper King Distillery Founders’ Club. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us.
1.3 When we use the words "writing" or "written" in these terms, this includes emails.
2. OUR CONTRACT WITH YOU
2.1 ACCEPTANCE OF MEMBERSHIP. Our acceptance of your application for Membership to one of the four membership packages termed Seed, Juniper, Barley or Copper (“Tiers”) will take place when we have received your application (“Order”), payment has cleared and we have confirmed your order in writing, at which point a contract will come into existence between you and us. The Member is responsible for ensuring that the information supplied in the Order is complete and accurate.
2.2 AGE RESTRICTIONS. By placing an Order you acknowledge and confirm that you are at least 18 years old if resident in the UK or if outside the UK that you are of the minimum legal age to purchase alcohol in accordance with the laws of your country of residence. We do not accept orders from, nor arrange delivery of alcohol to, any person under the age of 18 at the date of the Contract.
2.3 ORDER REFUSAL. We reserve the right to refuse an Order. If we cannot accept your application for Membership we will inform you of this in writing and will not charge you. This might, for example, be because of unexpected limits on our resources which we could not reasonably plan for, because payment has not been authorised or because we find that you are under the legal minimum drinking age. Any sums paid by you in relation to that Order will be refunded within 14 calendar days.
2.4 We may, in our sole discretion, limit or cancel Memberships purchased per person, per household or per order. These restrictions may include Orders placed by or under the same name, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you using information provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.
2.5 YOUR MEMBER NUMBER. We will assign a member number to Members and will provide this to you after we have accepted your Order. It will help us if you can tell us the member number whenever you contact us about your order.
2.6 FOUNDERS' PLAQUE & ONLINE HALL OF FAME. Members’ names will appear on a page within our website (“Online Hall of Fame”) and/or on the Founders’ Plaque or equivalent for the purpose of acknowledging and thanking Members. You can inform us in writing if you do not want your name to appear on the Online Hall of Fame or the Founders’ Plaque.
2.7 TRANSFER OF MEMBERSHIP to another person may be possible but should not be undertaken without our prior written consent as detailed in clause 9.3 of these Terms.
3.1 UK and international payments for Seed and Juniper Tiers will be processed via Paypal. Please see clause 6 for international delivery charges. Barley and Copper Tier Members are required to complete an online order form and will be sent an invoice to the email address provided on the form. Barley and Copper Tier Members then have 7 days in which to pay for their membership. International Members are responsible for any international payment fees and must ensure the invoice is paid in full. We recommend using TransferWise for international payments. Please see clause 6 for international delivery charges.
4. PRICING AND AVAILABILITY
4.1 All pricing information on the website is correct at the time of going online. We reserve the right to modify prices and alter or remove any offers or services without any notice at any time.
4.2 In the event that prices are changed during the period between an order being placed and us processing that order and taking payment, the price shall be that displayed during the checkout process prior to payment.
4.3 We reserve the right, but are not obligated, to limit the sales of our products or services to any person or geographic region. We may exercise this right on a case-by-case basis.
4.4 We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
4.5 The Membership price (“Membership Price”) for entry into the Founders’ Club is £30, £195 or £495 depending on the tier purchased and is inclusive of VAT (where applicable), duty, all bottling and packaging costs and postage to UK addresses only.
4.6 We reserve the right, but are not obligated, to limit the sales of Membership to any person or geographic region. We may exercise this right on a case-by-case basis.
5.1 WELCOME PACKS. The goods to be supplied by us to all Members in connection with Founders’ Club membership will be a Welcome Pack containing a membership card, sent out within 2 weeks of acceptance of Membership. Seed Tier Members will receive a Cooper King Distillery key ring and Cooper King Distillery lapel badge within their Welcome Pack. All other Members will receive a Cooper King Distillery lapel badge in their Toolbox (see clause 5.3).
5.2 MEMBERSHIP CARDS. Membership cards contain a member number and entitles the Member to special offers and discounts where applicable. We reserve the right to refuse to accept any membership cards. We reserve the right to change or withdraw these offers at any time and without notice. Discounts and offers in connection with the Founders’ Club are available to the Member associated with that Membership number. We are not responsible if a membership card is lost, stolen, destroyed or used without permission. You must let us know if your membership card is lost or stolen. We may, at our discretion, offer to replace a lost or stolen card but you will be charged the cost of the replacement plus shipping costs. We reserve the right not to accept any membership cards that have or appear to have been forged, damaged, defaced or otherwise tampered with.
5.3 TOOLBOXES. Founders’ Toolboxes will be supplied to Juniper and Barley Tier Members within eight weeks of acceptance of Membership and will contain the following Cooper King Distillery branded merchandise: lapel badge, tasting book and Glencairn mixer glass (Juniper) OR Glencairn whisky glass (Barley). Ambassadors’ Toolboxes will be supplied to Copper Tier Members within eight weeks from acceptance of Membership and will contain the following Cooper King Distillery branded merchandise: lapel badge, tasting book, Glencairn whisky glass and T-shirt. Members must specify their required T-shirt size at the time of ordering and are responsible for ensuring the correct size is requested. Please see our sizing guide here. No exchanges of T-shirts will be made unless we supply you with a faulty t-shirt or a different size to the one you requested during the order process.
5.4 GIFT VOUCHERS will be supplied with Founders’ toolboxes or Ambassadors’ toolboxes and can be redeemed on our website or in the Cooper King Distillery shop as full or part payment of products, subject to availability. Gift vouchers can only be redeemed against purchases made in pounds sterling. Gift vouchers cannot be exchanged for cash and cannot be used in conjunction with other offers or discounts. Gift vouchers do not expire. We are not responsible if a Gift Voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances. We reserve the right not to accept any vouchers that have or appear to have been forged, damaged, defaced or otherwise tampered with.
5.5 Seed Tier Members will be supplied with a 5cl bottle of gin subject to availability and in conjunction with a purchase of goods by the member from our website or Cooper King Distillery shop (“Valid Purchase”). Purchase of Membership does not constitute a Valid Purchase. There is no minimum order requirement but the order may be subject to the usual delivery charge and the charge will depend on the country to which the order is being dispatched. We anticipate the full online shop going live, and the distillery shop opening, in late 2017. We will inform all members when these shops are open. From then onward Members may make Valid Purchases to claim their 5cl bottle of gin.
5.6 JUNIPER TIER MEMBERS will be supplied with two 70cl bottles of gin (limited edition ‘Founders’ Gin’) and one bottle of raspberry liqueur within a time period determined by us following the start of production (“Production Date”). Raspberry liqueur is subject to the availability of seasonal ingredients and an alternative flavour of liqueur may be supplied. We will use all reasonable endeavours to deliver the bottles as set out in this clause to Members as soon as possible following the Production Date and no later than six months following the Production Date.
5.7 BARLEY TIER MEMBERS will be supplied with one 50cl bottle of new-make malt spirit within a time period determined by us following the start of malt spirit production (“Malt Spirit Production Date”) and one 70cl bottle of single malt single cask whisky from an early oak cask filled at the distillery (“Founders’ Whisky”). Whisky will be bottled after the minimum legal maturation term of three years has elapsed and when the whisky has reached maturation. The point of maturation will be determined by us and is anticipated to be between three and five years from the date of cask filling.
5.8 COPPER TIER MEMBERS will be supplied with the following: one 50cl bottle of new-make malt spirit within a time period determined by us following the start of malt spirit production (“Malt Spirit Production Date”); one 20cl bottle of one-year old maturing malt spirit and one 20cl bottle of two-year old maturing malt spirit within a time period determined by us following the first and second anniversaries of cask filling; one bottle of 50cl single malt single cask whisky from the first oak cask filled at the distillery (“Inaugural Release Whisky”); and one 70cl bottle of single malt single cask whisky from an early oak cask filled at the distillery (“Founders’ Whisky”). The bottle of Inaugural Release Whisky numbered ‘1’ or ’001’ will be allocated to the Member whose name is drawn at random. All other bottles will be allocated on a random basis.
5.9 WHISKY will be bottled after the minimum legal maturation term of three years has elapsed and when the whisky has reached maturation. The point of maturation will be determined by us and is anticipated to be between three and five years from the date of cask filling.
5.10 We will use all reasonable endeavours to deliver the new-make malt spirit as set out in clauses 5.7 and 5.8 as soon as possible following the Malt Spirit Production Date and no later than six months following the Malt Spirit Production Date. We will use all reasonable endeavours to deliver the whisky as set out in clauses 5.7 and 5.8 as soon as possible following the relevant maturation periods and in any event no later than six months following the relevant maturation period.
5.11 Cooper King Distillery make no guarantee as to when production will commence if circumstances occur which are beyond our control, but we will endeavour to deliver the goods without undue delay and within the times referred to in clauses 5.6 and 5.10.
5.12 Bottle alcoholic strength will be determined by Cooper King Distillery Ltd at the time of bottling.
6.1 Goods will be delivered to the delivery address supplied at the time of Order unless you have notified us of a change of address. It is the Member’s responsibility to ensure the correct information is provided. We cannot accept any liability for late or failed delivery if the quoted address is incorrect or incomplete. Members will be liable for any additional delivery costs resulting from a change of address and these must be paid for in full prior to the goods being dispatched. You can notify us of a change of address by emailing us at firstname.lastname@example.org. We cannot deliver to PO boxes.
6.2 UK DELIVERY CHARGES. There are no UK delivery charges.
6.3 NON-UK DELIVERY CHARGES. International orders are subject to international delivery charges and Members are solely responsible for those charges. International delivery charges for the Membership Packs (£3.99 for Europe, £4.99 for rest of world) will be added either at the checkout or invoiced separately, depending on the payment method. For all other goods, Members will be invoiced for non-UK delivery charges prior to shipping each of the goods. We will only ship goods when we have received payment for delivery charges.
6.4 EXTRA COSTS ASSOCIATED WITH NON-UK DELIVERY. Deliveries to non-UK addresses may incur extra charges. These charges may include, but are not limited to, import duties and taxes which are applied when the delivery reaches its destination and administration charges imposed by foreign customs authorities or by delivery agents. Please contact the customs office in the destination country for further information before placing your Order.
6.5 COUNTRY-SPECIFIC RESTRICTIONS. Due to country-specific restrictions we cannot ship to the following countries: Canada, Turkey, UAE, Russia, Egypt, Mexico, Indonesia, Vietnam, Brazil, Iran, Iraq, North Korea, Mongolia, Ukraine, Chad and Niger. This list is not exhaustive; if you are ordering from outside the UK, please contact us to confirm whether we can ship to your country before purchasing.
6.6 We will not be liable for a failure to perform, or delay in performance of, any of our obligations that is caused by circumstances or events beyond our control. If such circumstances continue for a period of longer than 6 months then you have the right to terminate the contract.
6.7 FAILED DELIVERY. In the event that goods are returned to us due to non-delivery, we will attempt to contact you by email or telephone to arrange re-delivery at your expense. If we are unable to make contact with you following all reasonable attempts we shall be entitled to dispose of the undelivered goods as we see fit without liability to you and we shall be released from any future liability to deliver goods to you for the outstanding portion of your Membership.
6.8 We may in certain circumstances and at our discretion agree to hold your goods at the distillery for collection in person. You must contact us in writing if you would like us to do so.
7. RETURNS POLICY
7.1 IF YOU HAVE CHANGED YOUR MIND. We hope you will be happy with your Membership. However, if you are a consumer you have a legal right to change your mind within 14 days of receiving the Order confirmation (“the cooling-off period”) and receive a refund, in accordance with the Consumer Contracts Regulations 2013. No refunds can be given after the 14 day cooling off period has elapsed except where goods we supply you are faulty, damaged or incorrect (see clause 8 of these Terms).
7.2 CANCELLING YOUR ORDER. If you have changed your mind and wish to cancel your membership within the cooling off period, please let us know by doing one of the following: (a) complete a return form available here and email it to us at email@example.com or post it to us using the address on the form; (b) write to us or email us providing your name, home address, email address, phone number, member number and the date you became a member.
7.3 REFUNDS. To be eligible for a refund under clause 7.1, you must return any goods in their original and sealed condition along with the original packaging. You will be responsible for paying the cost associated for returning your item. Once your return is received and inspected, we will notify you that we have received your returned item and whether you are entitled to a refund. If you are entitled to a refund we will refund the price you paid for the Membership by the method you used for payment within 30 days of us notifying you of your entitlement to a refund.
8. FAULTY, DAMAGED OR INCORRECT GOODS
8.1 We hope you will be happy with the items you receive in connection with your Membership. However, should you feel it necessary to return an item because it is faulty, different from its description at the time of purchase or different to what you ordered, please contact us at firstname.lastname@example.org within 14 days to inform us of the fault or error and to arrange a refund or replacement.
8.2 GOODS DAMAGED IN TRANSIT. We will take great care to pack your order to ensure that it arrives in perfect condition. Unfortunately, some parcels may incur damage while in transit. If a parcel shows clear signs of damage or leakage at the time of delivery, we suggest that you refuse the parcel and ask the courier to return the goods to sender. If you discover the goods are damaged after taking delivery, promptly notify us in writing with photographic evidence of the damage no later than seven days after the date of delivery. Provided notification is received within this time, we will replace the damaged goods where a replacement is available and bear the associated costs. Where replacement goods are not available, for example, Inaugural Release Whisky, we will refund you the recommended retail price (RRP) of the individual damaged goods and where an RRP is not indicated the refund will be limited to £250 per individual item.
9. OTHER IMPORTANT TERMS
9.1 We reserve the right to make any changes in the specification of the goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
9.2 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
9.3 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if that person already holds a membership with us.
9.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clauses 9.2 and 9.3 of these Terms in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
9.5 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.6 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
9.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
9.8 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
9.9 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
10.1 We will use the personal information you provide to us: to supply the goods to you; to process your payment; and if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
11. INFORMATION ABOUT US AND HOW TO CONTACT US
11.1 We are Cooper King Distillery Ltd, a company registered in England and Wales. Our company registration number is 10135055 and our registered office is at Mile End, Stillington Road, Sutton-on-the-Forest, York, YO61 1EH. You can contact us by emailing email@example.com, or by writing to us at our registered office address. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application.