Terms of Sales
DIAGEO / WEBSHOP GENERAL TERMS AND CONDITIONS OF SALE
APPLICABILITY OF THESE TERMS OF SALE It is important that You read these Terms of Sale carefully before ordering any Products through the Website, as they govern Our relationship with You. These Terms of Sale will apply to all enquiries made by You, offers made by Us (including but not limited to advertisements and/or quotations), the order process and Your (intended) purchase of the Products. Please understand that if You do not accept these Terms of Sale, You will not be able to order any Product(s) through the Website. With respect to Our sales, You may have other rights which are granted to You by mandatory law. These Terms of Sale only affect these rights granted by the applicable mandatory law if there are any contradictions and to the extent that it may be derogated from by law.
DEFINITIONS Unless expressly indicated otherwise, the following capitalized terms (both in plural and in singular) as used in these Terms of Sale will have the following meanings: Business Day: Monday through Friday from 9 a.m. to 5 p.m. GMT (GMT+1), excluding official bank holidays. Contract: the distance contract concluded between You and Diageo for the sale and delivery of the Products by means of distance selling via the Website, whereby exclusive use is made of one or more techniques for distance communication; Consumer: any natural person who is acting for purposes which are outside his trade, business, craft or profession; Diageo: Diageo Great Britain Limited, having its registered office in London, the United Kingdom, as well as any of its direct or indirect affiliates; Model Withdrawal Form: the Great Britain model form included in Annex I of these Terms of Sale for withdrawal from a distance contract; Products: the alcoholic beverages (including spirits) and other products offered by Diageo through the Website; Right of Withdrawal: the possibility for the Consumer to withdraw from the distance contract within the Withdrawal Period, without giving any reason; Terms of Sale: these general terms and conditions; We/Us/Our: Diageo; Website:
; Withdrawal Period: The period of fourteen (14) days within which a Consumer may exercise its Right of Withdrawal as further described in these Conditions; You(r)(s): any natural person or legal entity that visits the Website and/or has entered, or wishes to enter, into a Contract with Us.
WHO WE ARE Statutory name of trader: Diageo Great Britain Limited Company Number 507652 VAT-number: GB217112703 Registered office address: 16 Great Marlborough Street London, W1F 7HS Telephone number: +44 (0) 20 7947 9100
WHO CAN SHOP WITH US 4.1 In order to purchase Products and have Your order fulfilled by Us, You must be at least 18 years of age or the age of majority in Your jurisdiction. Therefore, a valid photo ID with date of birth, any other data and documents as reasonably required by Us to confirm that you are over the age of 18. Furthermore, We may require You to go through an age verification system upon the purchase and/or delivery of the Products to confirm that you are over the age of 18. The Products are not intended for sale to persons under the age of 18 for the use and purchase of alcohol as applicable. 4.2 We will only deliver Products to addresses within the United Kingdom, excluding Northern Ireland. 4.3 We may refuse orders for the Products as long as, in Our assessment, it is not sufficiently established that You, or the person to whom the Products will be transferred, have/has reached the relevant minimum age.
THE ORDER PROCESS WORK AND THE FORMATION OF THE CONTRACT 5.1 Orders are transmitted via the Website. Once You are ready to make a purchase, You can proceed to checkout with Your shopping cart. The Website asks for Your payment details, which are processed on a secure server. After Your payment has been processed, Your order details including Your postal address will be shared with Us. 5.2 After You have placed Your order, We will send You an automatically generated email with a summary of the Product(s) You have selected (the "Acknowledgement Email"). This automatically generated email is not to be considered as acceptance of Your order. In other words, the Acknowledgement Email is without prejudice to the fact that every order is subject to Our explicit acceptance (as further described in article 5.5). After receiving Your order and having sent the Acknowledgement Email, We will check whether the order will be accepted. 5.3 If We refuse the order, We will inform You within ten (10) Business Days after the Acknowledgement Email has been sent. In case You have already paid (a part of) the purchase price, You will then receive a full refund within ten (10) Business Days of notification of Our refusal to process the order from Us. 5.4 If We accept Your order, We will send You a second email with Our explicit acceptance of Your order and confirmation of shipment of the Product(s) to the delivery address You have filled in (the "Shipping Email"). We will automatically send this to the email address with which You registered. The Contract between Us and You is formally formed by sending the Shipping Email. 5.5 You should check both the Acknowledgement Email and the Shipping Email for accuracy and contact Us immediately if You find any error. 5.6 If there is a problem with Your order that We would like further information on, You will be contacted by Us.
WHAT TO EXPECT WITH RESPECT TO CONFORMITY AND AVAILABILITY 6.1 We ensure that the Products comply with the Contract and the specifications mentioned in Our offer, with reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations on the date the Contract is concluded. 6.2 If it appears that the Products are not available/out of stock even though the order has been accepted by Us and the Shipping Email has been sent, We will notify You without undue delay. In that case, We will terminate the Contract with immediate effect and notify you by email. We will inform You if there are replacement products of equivalent quality or higher quality and value that You can order as an alternative. If You do not wish to order the replacement products, We will refund any amounts You may have already paid.
PRICES AND PAYMENT 7.1 The prices for the Product(s) published on the Website and at checkout are stated in pounds and include all local taxes and fees that may apply to the Product(s). Delivery costs are not included in the prices. These costs are automatically added to the total due when You view Your items in Your shopping cart and depend on the volume, weight and dimensions of the Product(s) to be shipped. 7.2 Prices and delivery costs are subject to change at any time. However, such changes will not affect orders that have already been accepted and confirmed in the form of the Shipping Email. 7.3 The prices of the Products are checked regularly. Nonetheless, if We discover that there was a pricing error when You placed the order, We will contact You and ask if You would like to keep the order at the correct price. If We do not receive Your reaction within five (5) Business Days after We have contacted You, We will be entitled to terminate the contract. Payment for the Products must be made by debit card or credit card (Visa, Mastercard, American Express and Maestro) or via PayPal, Shop Pay, Apple Pay or Google Pay. If You have agreed to advance payment, You may not assert any rights regarding the execution of the respective order until the stipulated advance payment has been made. You are obliged to immediately report inaccuracies in payment details provided or mentioned to Us. 7.4 If We are unable to accept Your order for any reason, We will, at Our option, either reject Your debit or credit card or refund the money You paid for that order in case of prepayment. Please note that Your card issuer may charge You an online processing fee or processing fee. We are not responsible for such fees. Credit and debit card holders may be required to perform authorization and authentication as part of the card payment process.
DELIVERY AND TITLE AND RISK 8.1 We aim to get the Product(s) to You at the delivery address You provided in Your order within the time stated in the Shipment Email, however, We are unable to give You an exact delivery date to agree. In principle, Our regular deliveries of the Products take approximately 2 - 4 Business Days. When ordering an engraving, it can take 4 - 7 Business Days for the deliveries to reach You. 8.2 We reserve the right to make patrial deliveries of the ordered Products. 8.3 When Your order is on the way, You will receive a notification from Us, as well as a tracking number with which You can track Your order (and be informed about the estimated time window of delivery). If You have any further questions please contact our Customer Care team at email address: customerservice@malts.com / telephone number: 0330-678-3048. Please note that this does not apply to pre-ordered Products as further delays may occur. You will receive Your tracking number as soon as Your order has been dispatched, with which You can track it. 8.4 Subject to these Terms of Sale, it shall be assumed that "delivery" has occurred, or the order has been "delivered", at the time that You or a person designated by You takes physical possession of the Products, which will be evidenced by the fact that at the agreed delivery address has been signed for receipt of the order. Title and risk of the Product(s) pass to You upon delivery. 8.5 The place of delivery is the address that You have filled in in the order process. You are obliged to ensure that personal delivery of the Products is possible at this registered delivery address. If You (or any person authorized by You) are (/is) not present at the delivery time indicated in the tracking details provided, and if it is possible to deliver the order again at a later time within the delivery window as communicated to You, then We will offer the Products a second time. If You are unable to receive the delivery within the relevant delivery slot, We or the carrier engaged by Us will contact You to make a new appointment. If a new appointment cannot be made and/or the order cannot be delivered in any other way, We will cancel the order and issue a refund. 8.6 If for any reason We are unable to meet the estimated delivery date as stated in Our Shipping Email, We will inform You of the late delivery and give You the following two options: (1) to enforce the Contract although by agreeing upon the rescheduling of the delivery date as described in Our notification of late delivery, or (2) to cancel the Contract with a full refund of the (part of the) purchase price You have already paid (if any). If You choose the second option, You will receive the refund within ten (10) Business Days after receipt of Your notification of cancellation of the Contract. 8.7 Pursuant to the global standards set forth by the International Alliance for Responsible Drinking (IARD), ordered Products shall not be delivered to individuals who are intoxicated. The determination of whether a person is intoxicated shall be solely at the discretion of the transportation company's employee. In the event that the transportation company's employee assesses that the person is intoxicated, the ordered Products shall not be delivered, and the Contract shall not be executed. The ordered Products shall be returned by the transportation company at Your expenses. In case You have already paid (a part of) the purchase price, We will reimburse You the remaining amount, minus the return costs, of the order using the same means of payment with which You have made the original transaction
WHAT TO DO IN CASE OF NON-CONFORMITY 9.1 In the event that, at the time of delivery, You consider that a Product does not comply with the terms of the Contract, You must directly contact Us at, email address: customerservice@malts.com / telephone number: 0330-678-3048 and inform Us of the Product details and the damages. To the extent reasonably possible, You should substantiate the aforementioned complaint with evidence, for example by submitting distinct photos. On acceptance of your claim, We will provide you with a free returns slip and ask You to return the Product to us within fourteen (14) days. 9.2 If You have returned the Product(s) to Us in accordance with Our instructions, We will thoroughly inspect the returned Product(s) and, within a reasonable period of time, inform You of Your right to a replacement or (if applicable) a refund. We will take care that the refund or replacement of the Product(s) will take place as soon as possible. The amounts paid for Products returned due to damages or defects will, if applicable, be refunded in full, including shipping costs and other costs You incurred to return the Product(s) to Us. Refunds will be made using the same means of payment You used to pay for Your purchase. 9.3 The provisions of this article are without prejudice to any rights to which You are entitled as a Consumer under applicable mandatory laws and regulations.
WHEN AND HOW TO EXERCISE THE RIGHT OF WITHDRAWAL 10.1 As a Consumer, You have the Right of Withdrawal from the Contract without giving reasons. The Withdrawal Period expires fourteen (14) days after the day on which You, or another person/party designated by You other than the other than the carrier, has taken delivery of the Product(s). If You have ordered several Products with different delivery times, the Withdrawal Period shall expire after fourteen (14) days from the day on which You, or another person/party designated by You other than the carrier, has taken delivery of the last delivered Product(s). 10.2 To exercise the Right of Withdrawal, You must inform Us of Your decision to withdraw from the Contract by contacting Us at email address: customerservice@malts.com / telephone number: 0330-678-3048 or by using Our contact form. For this purpose, You may also use the Model Withdrawal Form as enclosed these Terms of Sale, but this is not obligatory. 10.3 To comply with the Withdrawal Period, it is sufficient to send Your communication concerning Your exercise of Right of Withdrawal before the Withdrawal Period has expired.
YOUR OBLIGATIONS IN THE EVENT OF WITHDRAWAL 11.1 You must return the Product(s) without undue delay and in any event no later than fourteen (14) days from the day on which You have informed Us of the withdrawal from the Contract. 11.2 You will bear the direct costs and risk of returning the Product(s) when invoking the Right of Withdrawal. 11.3 If You exercise your Right of Withdrawal You have to take care of the transport of the returned Product(s). We do not accept any risk regarding the transport and/or the Products themselves. If a returned Product exhibits a defect that cannot be attributed to Us, then We are entitled to send it back to You. The associated costs will be charged to You. 11.4 Your Right of Withdrawal only applies if You return the Product(s) in the same condition as You received it/them. You must follow all Our instructions and, as far as reasonably possible, return all original documents and packaging materials of the Product(s) that may have been enclosed. 11.5 There will be no refund if the Product has been used/opened (e.g. if the seal has been broken), if it is damaged or if the Product is not in the same condition as You received it. 11.6 You should take reasonable and good care of the Products once they are in Your possession and return them to Us carefully.
REIMBURSEMENT IN THE EVENT OF WITHDRAWAL 12.1 After We have checked the Product(s), We will inform You of Your right to reimbursement of the paid amounts. Notwithstanding the foregoing, We may refuse the refund until We regain possession of the Product(s) or until You provide proof that You have returned the Products, whichever occurs first. 12.2 If You withdraw from the Contract and subject to article 11.3 of these Terms of Sale, We will reimburse all payments You have made up to that point (if any), excluding the direct costs of returning the Product(s), without delay and in any event no later than fourteen (14) days after We have been informed of Your decision to withdraw from the Contract. 12.3 We will reimburse You using the same means of payment with which You made the original transaction. In any event, You will not be charged any fees for invoking Your Right of Withdrawal.
EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL 13.1 In the following situations You have no Right of Withdrawal: (a) the supply of Product(s) for which the price is dependent on fluctuations in the financial market which cannot be controlled by Us and which may occur within the Withdrawal Period; (b) the supply of Product(s) made to Your specifications or clearly personalised; (c) the supply of Product(s) which are liable to deteriorate or expire rapidly; (d) the supply of sealed Product(s) which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (e) the supply of Product(s) which are, after delivery, according to their nature, inseparably mixed with other items; (f) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the Contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by Us.
INTELLECTUAL PROPERTY All intellectual property rights relating to the Website, the Product(s) and all elements displayed on it, including in any case but not limited to the trademarks, drawings, models, photographs, texts, illustrations, logos, icons, graphics, products, sounds, images belong to Us, Our affiliated parties and/or Our licensors and/or content providers. We grant no licence to Consumers and/or third parties other than the right to visit the Website. Any other use is expressly prohibited. The aforementioned means, inter alia, that You are not allowed to publish, reproduce and/or edit the information mentioned on the websites without prior express permission, except for personal use.
THE ACCURACY AND ACCESSIBILITY OF AND LINKS ON OUR WEBSITE 15.1 The Website is created with the utmost care and skill. However, We cannot guarantee that the Website will always be available and that the information on the Website is complete, correct and up-to-date. To the extent permitted by mandatory law, We exclude any liability for damages arising out of or in connection with the use of the Website or the information thereon. 15.2 We make every effort to ensure that the Website is virus-free, but unfortunately We cannot guarantee this. The Website may contain links to third-party websites. We cannot guarantee the content and the functioning et cetera. of the websites of third parties. You agree that We have no control over and no liability for such linked websites. 15.3 The Products offered by Us on the Website are clearly and truthfully depicted and/or described and as complete as can reasonably be expected on the Website. However, obvious errors or mistakes in leaflets and/or publications, images, drawings, product descriptions, specifications, prices and/or any other stated data/information do not bind Us.
LIMITATION OF OUR LIABILITY 16.1 You agree not to purchase Product for any commercial, business or resale purposes, and if you do so we will have no liability to you for any loss of profit, loss of business, business opportunity or loss of business opportunity. 16.2 These Terms of Sale do not exclude our liability (if any) to you for:: (a) fraud or fraudulent misrepresentation ; (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or Part 1 of the Consumer Protection Act 1987; (c) any matter which it would be illegal for us to exclude or to attempt to exclude our liability. ; 16.3 Subject to this, we shall only be liable to you for foreseeable losses which you suffer as a result of a breach of these Terms of Sale by us. Losses are foreseeable when they could be contemplated by you and us at the time your order is accepted by us. We are not liable for any losses not caused by any breach on our part. We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any clause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data), epidemic/pandemic (and related lockdowns, business closures and restrictions on movement, whether government-mandated or voluntarily determined by us), government actions and measures, and industrial action.
PROCESSING OF PERSONAL AND OTHER DATA 17.1 With respect to the use of the Website, the order process and carrying out the Contract, We processes personal and other data of clients and third parties, in accordance with its privacy policy (which is available at https://www.diageoprivacycentre.com/). In protecting such data, We exercise all the care that in reasonableness may be expected from Us and We take all appropriate technical and organisational measures for such protection. However, We are not liable for any damages caused by unauthorised access or loss of such data that arises despite of such care and these measures. Nor are We liable for any damages caused by unauthorised access, loss or manipulation of such data as a result of the transmission over or the use of internet, networks, systems or software developed by third parties.
FORCE MAJEURE 18.1 We cannot be held responsible for any failure to fulfil one or more obligations arising from the Contract if it is not due to Our fault or if We cannot be held accountable for it by virtue of law, a juridical act or generally accepted principles (common opinion). 18.2 Force majeure shall in any case mean any circumstance which We could not have taken into account at the time of entering into the Contract and as a result of which the normal performance of the Agreement cannot reasonably be required by You. In such a situation, We will be entitled to dissolve the Contract in full or in part and/or to suspend its execution without any obligation to pay compensation. 18.3 The circumstances referred to in this article shall in any case include – but not be limited to – incomplete and/or delayed deliveries by importers, manufacturers and suppliers, import and export bans, government measures, strikes, natural disaster, war, civil unrest, economic sanctions, fire, flood, particularly harsh weather conditions, explosions, pandemics, epidemics, terrorism obstructions by third parties, transport difficulties and circumstances that make the performance of the Contract more difficult and/or costly than could have been foreseen at the time the Contract was concluded.
CONTACT AND COMPLAINTS 19.1 Your comments and suggestions are always welcome. You can submit your comments, suggestions or complaints by contacting Us 19.2 Hyperlink to contact us form. In addition to the possibility of submitting Your complaint directly to us, You have the option of submitting Your complaint regarding the purchase of Products on Our website on the EU online dispute resolution platform (the ODR platform). The ODR platform provides Consumers with a simple alternative dispute resolution option in relation to online purchases. You can find the ODR platform here.
AMENDMENTS 20.1 We are entitled to amend these Terms of Sale. In case of any amendments We will publish the new version of the Terms of Sale on Our Website. 20.2 The version of these Terms of Sale, which applies to Your order, is the version found on the Website at the time of placing Your order.
APPLICABLE LAW To all enquiries made by You, offers made by Us, the order process, Your (intended) purchase of the Products, the Contract, the use of Our Website as well as these Terms of Sale themselves, English law applies. ANNEX I MODEL WITHDRAWAL FORM (complete and return this form only if You wish to withdraw from the Contract)
To Diageo Great Britain Limited, 16 Great Marlborough Street, London W1F 7HS, the United Kingdom : I/We () hereby give notice that I/We () withdraw from my/our (*) contract of sale of the following goods:
Ordered on ()/received on (),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date:
(*): Delete as appropriate