Cooper King Distillery®
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WEB TERMS

WEBSITE TERMS & CONDITIONS

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1.   USER CONDITIONS

1.1  This website (“Site”) is operated by Cooper King Distillery Ltd, a company registered in England and Wales. Our company registration number is 10135055 and our registered office is The Old Stable, Stillington Road, Sutton-on-the-Forest, York, YO61 1EH. Please read these Terms and Conditions carefully before accessing or using our website. Throughout the Site, the terms “we”, “us” and “our” refer to Cooper King Distillery Ltd. Cooper King Distillery Ltd offers this website, including all information, tools and services available from this site to you, the user.

1.2  You must be of legal drinking age in your country of residence to use this Site. Please exit the Site if you are not of legal age for consuming and purchasing alcoholic beverages or if you are in a country where the promotion and consumption of alcoholic beverages is not permitted. For more information relating to the responsible consumption of alcohol, please visit www.drinkaware.co.uk.

1.3  By using our Site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”) and Privacy Policy. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. We may revise or update these Terms and Conditions and the Privacy Policy at any time and without notice. It is your responsibility to re-read these Terms and Conditions and the Privacy Policy on a regular basis. A breach or violation of any of the Terms will result in an immediate termination of your Services.

1.4  Please note that in addition to these Terms specific Founders’ Club Terms & Conditions apply to the sale of our Founder’s Club packages and specific Online Store Terms & Conditions apply to the sale of all other products through the website.

1.5  Our shop is hosted on Squarespace Inc who provides the online e-commerce platform that allows us to sell our products and services to you.

2.   COPYRIGHT NOTICE

2.1  You agree not to reproduce, duplicate, copy, sell, resell or exploit any content of the Site or any material related to the Site, without express written permission by us. ‘Cooper King Distillery’ and 'The Freer Spirit' are trademarks registered with the UK Intellectual Property Office.

3.   LINKS TO THE SITE

3.1  This Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Cooper King Distillery Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.

4.   CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS

4.1  We reserve the right to change the website or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes. If we are required to make any changes to these Terms and Conditions pertaining to the sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

5.   DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

5.1  The Site and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Site or any Service will be free of defects and/or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5.2  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service. You expressly agree that your use of, or inability to use, the service is at your sole risk.

5.3  To the maximum extent permitted by law, Cooper King Distillery shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service. You should be aware that you use the website and its content at your own risk. Whilst we use all reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

5.4  No part of this Site is intended to constitute advice and the content of this Site should not be relied upon when making any decisions or taking any action of any kind. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

6.   ENTIRE AGREEMENT

6.1  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

7.   THIRD PARTY RIGHTS

7.1  Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Cooper King Distillery Ltd.

8.   USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

8.1  When relevant, users are solely liable of any content they post or upload onto the Site and the consequences of disclosing, forwarding, making available or broadcasting such content. We do not adhere or approve any content by users and we decline any and all responsibility and liability in respect of any such content. You agree that we may, at any time, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

8.2  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 libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend 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.

9.   ERRORS, INACCURACIES AND OMISSIONS

9.1  Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

10.   PROHIBITED USES

10.1  In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any regulations, rules or laws; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; to collect or track the personal information of others;  to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses

11.   TERMINATION

11.   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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If you fail to comply with any term or provision of these Terms of Service, we also 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 may deny you access to our Services.

12.   LAW & JURISDICTION

12.1  These Terms and Conditions and the relationship between you and Cooper King Distillery Ltd shall be governed by and construed in accordance with the Law of England and Wales and Cooper King Distillery Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

13.   CONTACT INFORMATION

13.1  You can contact us by emailing info@cooperkingdistillery.co.uk, or by writing to us at our registered office address: The Old Stable, Stillington Road, Sutton-on-the-Forest, York, YO61 1EH. Alternatively call us on +44 (0)1347 808232.

14.   PRIVACY STATEMENT

14.1  When you visit our Site, the web server automatically sends us the date and duration of your visit to our Site. This information may be used in order to adapt the content of our Site to meet your needs. For more details please read our Privacy Policy. Your submission of any personal information through the Site is also governed by our Privacy Policy.

 
 

CLUB TERMS

FOUNDERS' CLUB TERMS & CONDITIONS

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1.   THESE TERMS

1.1  These terms govern the sale of Founders’ Club packages (“Package”) by us and will form the basis of the contract (“Contract”) between us and you (“you” or “Founder”).

1.2  Please read these terms carefully before you apply to join 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 YOUR APPLICATION TO JOIN. Our acceptance of your application for one of the four packages termed Seed, Juniper, Barley or Copper 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. You are 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 Order 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 Orders 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 FOUNDER NUMBER. A unique number will be assigned to you and provided after we have accepted your Order. It will help us if you can tell us you unique number whenever you contact us about your order.

2.6  FOUNDERS' PLAQUE & ONLINE HALL OF FAME. Founders’ 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 Founders. 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 PACKAGES 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.   PAYMENT

3.1  UK and international payments for all packages will be processed via Stripe or Paypal. Please see clause 6 for international delivery charges.

3.2 Split Payments. Barley and Copper packages may be purchased using the Split Payment option, whereby the application fee is split into three payments. The first payment is settled upon completion of your order through the online checkout. The final two payments are due 30 and 60 days after the first payment.

You will be notified of the two amounts due and the required payment dates via email shortly after placing your order. The amounts due are payable by BACS, credit or debit card.

After the first payment we will dispatch the Welcome Pack and Toolbox. Please note that no alcohol will be dispatched until the final two payments have been made.

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 application fee (“Price”) for entry into the Founders’ Club is £30, £195 or £495 depending on the package 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 Packages to any person or geographic region. We may exercise this right on a case-by-case basis.

5.   GOODS

5.1  WELCOME PACKS. The goods to be supplied by us to all Founders in connection with Founders’ Club will be a Welcome Pack containing a member card, sent out within 1 week of order confirmation. Seed Founders will receive a Cooper King Distillery key ring and Cooper King Distillery lapel badge within their Welcome Pack. All other Founders will receive a Cooper King Distillery lapel badge in their Toolbox (see clause 5.3).

5.2  MEMBER CARDS. Member cards contain a unique number which entitles the Founder to special offers and discounts where applicable. We reserve the right to refuse to accept a member card. 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 Founder associated with that number only. We are not responsible if a card is lost, stolen, destroyed or used without permission. You must let us know if your 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 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 Founders within four weeks of Order confirmation and will contain the following Cooper King Distillery branded merchandise: lapel badge, tasting book and mixer glass (Juniper) OR Glencairn whisky glass (Barley). Ambassadors’ Toolboxes will be supplied to Copper Founders within four weeks from acceptance and will contain the following Cooper King Distillery branded merchandise: lapel badge, tasting book, Glencairn whisky glass and T-shirt. Founder 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. We are unable to exchange T-shirts 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 soon after the online shop opens and can be redeemed on our website or in the Cooper King Distillery shop as full or part payment of products, subject to availability. Each voucher will detail a unique ‘promo code’: if purchasing online simply enter the promo code at the checkout. For all other purchases present your voucher or code to a member of staff and they will apply the discount. Gift Vouchers are required to be used in their entirety in one transaction; remaining balances are not carried over and no change can be given. 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, nor can they be used for cask purchases. 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.

Alcoholic Goods

5.5  SEED FOUNDERS will be supplied with a 5cl bottle of gin subject to availability and in conjunction with a purchase of goods by you from our website or Cooper King Distillery shop (“Valid Purchase”). Purchase of Packages 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.

5.6  JUNIPER FOUNDERS 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 Founders as soon as possible following the Production Date and no later than six months following the Production Date.

5.7  BARLEY FOUNDERS 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 FOUNDERS 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 Founder 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.

Descriptions

5.13  Whilst every reasonable effort has been made to ensure that all visual representations and descriptions of goods for sale from us correspond to the actual goods you receive, we cannot be held responsible for variations from such descriptions. This refers only to variations of the correct goods, not different goods altogether.

6.   DELIVERY

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 your 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. You 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 info@cooperkingdistillery.co.uk. 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 you are solely responsible for those charges. For all goods, Founders will be invoiced for non-UK delivery charges prior to shipping each of the goods. We can 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 which you must pay to receive your goods. Charges may include, but are not limited to, import duties and taxes applied when the delivery reaches its destination and administration charges imposed by foreign customs authorities or by delivery agents. Unfortunately, these charges are outside of our control, so please consider all costs before purchasing. Please contact us or the customs office in the country for further information or assistance before placing your Order. 

6.5  COUNTRY-SPECIFIC RESTRICTIONS. Due to country-specific restrictions we cannot ship to the following countries: USA, 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 any remaining outstanding goods in connection with your package.

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 Founders' Club rewards. 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 Order 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 info@cooperkingdistillery.co.uk 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, Founder number and the date you became a Founder.

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 by the payment method used 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 goods you receive in connection with the Founders' Club. 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 info@cooperkingdistillery.co.uk 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 is an existing Founder.

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.   PRIVACY

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.

10.2  We will only give your personal information to third parties where the law requires us to do so. For more information please see our Privacy Policy.

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 The Old Stable, Stillington Road, Sutton-on-the-Forest, York, YO61 1EH. You can contact us by emailing info@cooperkingdistillery.co.uk, or by writing to us at our registered office address. Alternatively call us on +44 (0)1347 808232. 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.

 
 

STORE TERMS

ONLINE STORE TERMS & CONDITIONS

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1.   THESE TERMS

1.1  These terms govern the sale of products by us and will form the basis of the contract (“Contract”) between us and you (“you”).

1.2  Additional terms govern the sale of Founders’ Club packages (“Package”). Please refer to these terms if you wish to join the Cooper King Distillery Founders’ Club.

1.3  Please read these terms carefully before you purchase products from Cooper King Distillery. 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.

1.4  When we use the words "writing" or "written" in these terms, this includes emails.

2.   OUR CONTRACT WITH YOU

2.1  No part of this website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance will take place when we have received your application or you complete the online checkout process (“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. You are responsible for ensuring that the information supplied in the Order is complete and accurate.

3.   GOODS, PRICING AND AVAILABILITY

3.1  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.

3.2  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.

3.3  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.

3.4  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.

3.5  We reserve the right to refuse an Order. If we cannot accept your Order 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.

We reserve the right to limit or prohibit Orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.

3.6  Whilst every reasonable effort has been made to ensure that all visual representations and descriptions of goods for sale from us correspond to the actual goods you receive, we cannot be held responsible for variations from such descriptions. This refers only to variations of the correct goods, not different goods altogether.

3.7  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.

4.  GIFT VOUCHERS

4.1 ‘£’ or ‘%’ gift vouchers can be redeemed on our website or in the Cooper King Distillery shop as full or part payment of products, subject to availability. Each voucher will detail a unique ‘promo code’: if purchasing online simply enter the promo code at the checkout. For all other purchases present your voucher or code to a member of staff and they will apply the discount.

4.2 ‘£’ or ‘%’ gift vouchers are required to be used in their entirety in one transaction; remaining balances are not carried over and no change can be given. ‘£’ or ‘%’ gift vouchers can only be redeemed against purchases made in pounds sterling. ‘£’ or ‘%’ gift vouchers cannot be exchanged for cash and cannot be used in conjunction with other offers or discounts. Gift vouchers do not expire.

4.3 Tour gift vouchers entitle the bearer to a complimentary standard distillery tour. The voucher must be redeemed online by entering the unique ‘promo code’ at the checkout. Vouchers can be used to book onto any available standard tour. Tour gift vouchers cannot be exchanged for cash and cannot be used in conjunction with any other offers or discounts. Tour gift vouchers do not expire.

4.4 We are not responsible if any type of 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.   PAYMENT

5.1  All payments will be processed in pounds sterling (GBP) by Stripe or Paypal.

6.   PRE-ORDER PURCHASES

6.1  Any purchase of an item made before it is available to the general public is deemed a ‘Pre-order’ and will be treated as such. We will endeavour to dispatch all Pre-orders on or after the date shown on the website and/or within the item description. Please be aware dispatch dates may change on Pre-order items due to the nature of our production process.

7.   DELIVERY

7.1  UK DELIVERY. Our Standard Delivery is made by Royal Mail or UK Mail (part of the DHL network) during normal business hours Monday-Saturday, and will be delivered within 4-5 workings days following the day the Order is processed (except for Pre-order items).

Our Speedy Delivery is made by UK Mail (part of the DHL network) during normal business hours Monday-Friday, and will be delivered within 1-2 workings days following the day the Order is processed (except for Pre-order items).

Please note that Orders placed after 1pm Monday-Friday, during the weekend, or during holidays will be processed on the next possible working day. We advise that this is taken into account when choosing your delivery method if you need to receive your delivery rapidly. We do not currently deliver on Sundays or Bank Holidays.

Parcels may require a signature. A card will be left if there is no one at home. A delivery address can be specified if you know you won't be in to sign for your Order.

7.2  DELIVERY ADDRESS. 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 your 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. You 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 info@cooperkingdistillery.co.uk. We cannot deliver to PO boxes.

7.3  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 any remaining outstanding goods in connection with your package.

7.4  COLLECTION. 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.

7.5  EXCEPTIONS. Certain areas, including the Channel Islands, Isle of Wight, Scottish Highlands, Outer Hebrides and Northern Ireland will attract higher shipping costs. Please contact us before placing an Order if you require delivery to be made to these areas.

7.6  CHARGES. Charges are based on Order weight, with a minimum postage charge of £3.95. We reserve the right to change these charges at any time.

7.7  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.

7.8  INTERNATIONAL DELIVERY. We currently do not ship overseas for Orders placed through the website. We are working hard to change this, and currently only accept international Orders placed via email or telephone. Please contacts us if you would like to arrange international delivery.

8.   RETURNS POLICY

8.1  IF YOU HAVE CHANGED YOUR MIND. We hope you will be happy with your purchases. 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.

8.2  CANCELLING YOUR ORDER. If you have changed your mind and wish to cancel your Order 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 info@cooperkingdistillery.co.uk 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, Order number (if known), Founder number (if applicable) and the date you became a Founder (if applicable).

8.3  REFUNDS. To be eligible for a refund 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. We recommend you send the goods back to us recorded delivery. 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 by the payment method used within 30 days of us notifying you of your entitlement to a refund.

9.   FAULTY, DAMAGED OR INCORRECT GOODS

9.1  We hope you will be happy with the goods you receive. 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 info@cooperkingdistillery.co.uk within 14 days to inform us of the fault or error and to arrange a refund or replacement.

9.2  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.

10.   PRIVACY

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.

10.2  We will only give your personal information to third parties where the law requires us to do so. For more information please see our Privacy Policy.

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 The Old Stable, Stillington Road, Sutton-on-the-Forest, York, YO61 1EH. You can contact us by emailing info@cooperkingdistillery.co.uk, or by writing to us at our registered office address. Alternatively call us on +44 (0)1347 808232. 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 provide to us.