TERMS AND CONDITIONS
This page (together with the documents referred to on it) details the terms and conditions on which we supply any of the products (“Products”) listed on our website www.jgthomson.com
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information About Us
www.jgthomson.com is a site operated by J.G. Thomson Ltd, Giles Street, Edinburgh. We are registered in Scotland under company number SC563887 and with our registered office at Giles Street, Edinburgh, Scotland, EH6 6BZ.
2. Age Restriction
No goods are offered for sale at this Site to any person who is below legal drinking age in the country in which he or she is resident or any person resident in a country where such sale would be contrary to local law. By placing an order through our site you warrant that you are of a lawful age. For this reason, we may refuse an order at our discretion and orders may not be transferred from the customer to any other person. If you are buying Products as a gift, the recipient must also be of a lawful age. This is the responsibility of the purchaser. If our couriers are in any doubt about the age of the recipient on delivery, they may request some form of ID.
3. How the contract is formed between us and you
After you place an order, we shall advise you as soon as possible if we cannot fulfil it for any reason such as unavailability of stock, as you will appreciate that our stocks of product are by their nature limited. In such circumstances, we may suggest an alternative item to you but will not substitute it unless you agree. A substitute product may change the price payable. The contract between us (the “Contract”) will only be formed when we dispatch your order. The Contract will relate only to those Products which we dispatch. We will not be obliged to supply any other Products which may have been part of your order.
Personal use
By accepting these terms and conditions you agree that the products you purchase via this website are exclusively for your personal use or a gift to someone and are not for resale (unless otherwise authorised by us in writing).
We reserve the right to refuse to fulfil any orders or terminate any Contract without liability to the Buyer, where we know or have reason to believe that the Buyer has sold (or intends to sell) the Goods directly or indirectly to any third party. No resale or third-party selling is permitted.
4. Consumer Rights
If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7 below).
To cancel a Contract, you must inform us in writing and a form of cancellation notice is set out at the end of these terms and conditions. You must also return the Product(s) to us immediately, in the same condition and packaging in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5. Payment and Order Process
By placing an order, you represent that you authorise us to act on your behalf to engage a common carrier to deliver your order to the destination indicated by you. We make no representation as to the right of any person to import any product into any country or state. Local taxes and excise duties that might apply are your responsibility.
The products are sold under the condition that they will at no point become the subject of duty or tax evasion. If we are sending products to an address within the European Union (EU), prices are subject to UK Value Added Tax (VAT) and alcohol duties. This applies to all countries that make up the EU except for Sweden where UK alcohol tax and VAT will be exchanged for local alcohol taxes and VAT or other sales tax following the sale.
Any additional charges for customs clearance must be borne by recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you will need to contact the recipient's local customs office for further information.
Refusal to pay the local import duties and taxes will result in the goods either being: destroyed by customs; or returned to sender at the cost of the consignee (costs will be deducted from any refund owed).
Ensuring that any relevant duties or local taxes have been paid remains the sole responsibility of the customer and we will not be liable for any actions undertaken without the appropriate duties having been paid after sale.
We cannot be held responsible for any orders that are seized, impounded or have additional duty charged on them by Customs.
You can pay for Products purchased from smws.com by using any of the following cards: Visa Credit Card, Mastercard, Visa Debit and Delta. Regrettably, we do not accept Visa Electron and Diners cards. You must give us authority for payment at the time of order.
Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order and you will be automatically charged for your order once payment has been completed.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
Although we have taken reasonable precautions to ensure our site is secure, and we believe it is secure, we do not provide any undertaking, nor do we accept any liability should there be a breach or failure of security.
We do not accept payment by cheque.
All e-vouchers have specific terms and conditions, including one voucher per transaction only.
There are several mandatory fields which you must complete to enable us to process your order and allow us to contact you should we need to discuss your order. Please complete all fields carefully and accurately.
All card holders are subject to validation checks and authorisation by the card issuer. We will not deliver any Products prior to these checks and authorisations being completed. If your card issuer refuses to authorise payment to us, we cannot accept your order, and will not be liable for any delay or non-delivery.
The main characteristics of the goods sold through this Site are set out on the pages picturing them. Every effort has been made to display the colours of the goods as accurately as possible. However, because the colour you see will depend on your monitor, we cannot guarantee that the colours of the goods purchased by you will be the same as the colours shown on your monitor.
Acceptance
As all products and services are subject to availability, there will be no contract of any kind between you and us unless and until we process and dispatch the goods to you. Your order is an offer to buy from us. This means that nothing that we do or say amounts to any acceptance of that offer until we process and dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are processed and dispatched, and not before, a contract will be made between you and us and you will be charged for the goods. If your order is dispatched in more than one delivery, our acceptance of each part of the order takes place on dispatch of the product.
Should we accept your order, the price applicable to goods ordered by you shall be that shown on the Site at the point at which your order is placed. The period for which this price is valid is limited and we can only guarantee this price to you for orders placed that day (unless a longer period is stated specifically in the description given). We reserve the right to correct any pricing errors or misprints which we later discover. We will notify you of any such error to discuss the correct price and seek agreement to proceed with the sale at the correct price or to refund the incorrect price without receiving the goods. The sales tax applicable to your order will depend on several factors which we will establish at the point of placing your order, including the type of goods ordered.
The contract for our sale and your purchase of the goods shall be made at the time of dispatch. Prior to such time there is no legal agreement in place.
The goods purchased by you will be dispatched to you by the method of delivery indicated within 14 days of the date of your order.
We will inform you of the non-availability of any goods ordered by you within 7 days of the date of your order and will refund your credit card the full amount paid in respect of such goods within 90 days.
6. Delivery Instructions and Advice
Deliveries are made usually during business hours on Monday to Friday, 9am-5pm, using a third-party courier; to ensure prompt delivery someone must be present to sign for the parcel.
If no-one is available to sign for the parcel, our delivery company will leave a contact card with instructions for customer to call their local depot. If the customer does not then call their local depot and following a 2nd unsuccessful attempted delivery by the courier, the parcel will be held by the courier for a maximum of 2 weeks before it is returned to us - the cost of which will be passed on to the customer. It is your responsibility as a customer to contact your local depot to arrange re-delivery. If the parcel is returned to us and you do not wish us to re-send it, only the cost of the product minus the initial delivery charge and the return charge will be refunded. To re-send the parcel will incur a further delivery charge.
Please note that all orders must be signed for and cannot be left in a safe place, so it is the customer’s responsibility to provide full address details.
Neither we nor our carrier will be liable for non-receipt of the goods. We will deliver to the address as you have entered it on the order. We cannot accept any liability for late or failed delivery if the quoted address is incorrect or incomplete. Please check the delivery address if you are uncertain. If you request a delivery to a business, we shall consider the delivery to be successful, if it is delivered to a reception area and signed for by a representative at that address.
Delivery can take up to 14 days from the date we receive your order, although every effort will be made to dispatch earlier. Please note that international deliveries can take longer. All parcels are sent by insured carrier and must be signed for. Do not accept damaged goods. If goods fail to arrive after 14 days, please notify us by email customercare@jgthomson.com (Mon-Fri 9am-4.45pm). We do our best to secure delivery within 14 days of the date of your order but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control. Please note that we can only deliver spirits to an address within the UK at this time.
We regret to inform you that we are only able to ship our products to addresses within the UK and these orders are sold subject to UK alcohol tax.
7. Returns, Refunds & Replacements
We hope you will be happy with your purchase. However, should you feel it necessary to return an item, we aim to make the returns process as simple as possible. To arrange this, please contact us by e-mail on customercare@jgthomson.com Please note J.G. Thomson cannot replace any bottles that have been opened.
Any returned products must be returned to us in good condition, with all packaging intact and within 14 days of delivery of the goods to the customer. All refunds and reimbursements will be arranged within 30 days of our acceptance after the safe receipt of the returned goods. Any product returned must be within its original packaging, contain the relevant paperwork and be adequately packed to avoid any possible damage. The cost and risk of returning the product is the responsibility of the customer and a proof of delivery service must be used.
The courier must be informed of breakages or shortages at the time of delivery. We may not (at our sole discretion) accept any claims for breakages or shortages unless they are stated on the couriers’ documentation. We must have confirmation of these breakages or shortages within 2 working days of delivery. Photographic evidence is required by our carrier company if an item has been damaged during transit.
8. Prices, Availability and Promotions
Please note we have endeavoured to ensure the accuracy of all information on our site. The prices payable for the Products that you order are clearly set out on our site. All prices are quoted inclusive of any VAT payable unless otherwise stated. The price of the Products does not include the delivery charge which will be charged at the rates applicable at the date you place your order.
Prices, promotions and specifications can change without notice and Products are subject to availability. We reserve the right to correct any pricing errors or misprints which we later discover. We will notify you of any such error to discuss the correct price and seek agreement to proceed with the sale at the correct price or to refund the incorrect price without receiving the goods.
If for any reason beyond our control we are unable to supply a particular Product we will notify you as soon as possible.
9. Products
Please note that all our whiskies are sold in 70cl (700ml) bottles unless otherwise specified.
10. Our Liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffered as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability (i) for death or personal injury caused by our negligence; (ii) under section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage (including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings and/or loss of data).
11. Privacy and Cookies
We have a separate privacy policy (“Privacy Policy”) which relates to our use of your personal information. We would encourage you to read our Privacy Policy. Our Privacy Policy is available on our site.
We use a technology called "cookies" as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
12. Website Terms and Conditions
You hereby acknowledge that you have read our Website Terms of Use, which are available on our site. Breach of our Website Terms of Use constitutes a breach of these terms and conditions of which they form part.
13. Contact Us
If you have an order query, please e-mail us at customercare@jgthomson.com
Unless explicitly stated otherwise, all rights including those in copyright in the content of this website are owned by or controlled by J.G. Thomson Ltd.
14. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or any of these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the entire agreement between us relating to the subject matter of any Contract and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
Nothing in this clause shall limit or exclude any liability for fraud.
17. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect, amongst other things, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven days of receipt by you of the Products).
18. Governing Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scots law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
19. Privacy
For information about how we use contact details supplied to J.G. Thomson Ltd, please read our privacy statement.
20. Customer Services
If you have an order query, please e-mail us at customercare@jgthomson.com
Unless explicitly stated otherwise, all rights including those in copyright in the content of this website are owned by or controlled by J.G. Thomson Ltd. © 2021