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Terms of service

 

BILLING TERMS & CONDITIONS

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OVERVIEW

This website is operated by Tayport Distillery. Throughout the site, the terms “we”, “us” and “our” refer to Tayport Distillery. Tayport Distillery offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS OF SERVICE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - DISTILLERY EXPERIENCES TERMS OF SERVICE

Tours of Tayport Distillery take place at the production site at Unit 2 Shanwell Court Industrial Estate (the “distillery”), and are provided by Tay Spirits Ltd (now referred to as“we” or “the company”). Tastings take place at the distillery. The following Terms & Conditions, as well as any information contained in the booking form, booking confirmation, or tickets provided to you, apply to all bookings. By booking or purchasing tickets for any of our tours, you agree to abide by these Terms and Conditions.

ONLINE BOOKINGS

We will endeavour to ensure that the tour & tasting information displayed on the Tayport Distillery website is both current and accurate. With the exception of your Statutory Rights, we cannot be held liable for any errors or omissions on the website. Use of the website is subject to the Tay Spirits Ltd T&Cs; however, in the case of conflict, these terms & conditions shall apply to online and phone tour bookings.

PRICING AND ADMISSION POLICY

Tours & tastings are priced at two levels: (i) Adult: all visitors 18 years old or over.  This includes an alcoholic beverage (ii) Concession: Available to visitors between the age of 16 and 17 (as no alcohol is included).  Those under the age of 18 must be accompanied by a responsible adult. Anyone below the age of 16 is not permitted access to any part of the site for licensing and health and safety reasons. All prices are shown on the website inclusive of VAT.

SAMPLING POLICY

In accordance with our license, Tayport Distillery encourages and promotes responsible consumption of alcohol. As such, we limit guest sampling to discourage excessive consumption.

We will make a limited range of products available for sampling in the shop, and sampling will be controlled by our staff. Refusal of service is at their discretion. Please remember that they are obliged to refuse service if they deem it to be excessive.

DRIVERS

The alcohol limit for drivers in Scotland is different than in the rest of the UK. In December 2014 the limit was reduced to 50 milligrammes of alcohol in every 100 millilitres of blood. The breath alcohol equivalent reduced to 22 microgrammes of alcohol per 100 millilitres of breath.

There are many factors which can affect the amount of alcohol that would put you over the limit - weight, age, sex and metabolism. Even small amounts of alcohol can affect your ability to drive.

As such, government advice is to avoid alcohol consumption entirely if you are driving. There is no "permissible" amount that you can safely consume.

When visiting Tayport Distillery for a tour or tasting you will be asked if there are any drivers in your group. These people will not be served alcohol on the premises and will be offered tea or coffee with  an accompanying snack.

If visiting Tayport Distillery purely to purchase, you will be advised on the legal limit and government zero tolerance policy if you request a sample and make it known to staff that you will be driving away from the premises. The decision is then yours as to whether you would like to sample a small amount of any of the products, however, Tayport Distillery does advise against this.

CONDITIONS OF ENTRY

On arrival at the distillery, you should be able to present your ticket(s) or booking confirmation as proof of payment to the staff on site. We operate a Challenge 25 policy.  Visitors may be subject to an age check on arrival. Young visitors should bring photo identification (“ID”) to the distillery.

If we believe or suspect a visitor who wishes to consume alcohol is under 25, that visitor will be asked to produce photo ID.  In the event that you are unable to produce valid photo ID, you will not be served alcohol as part of the tour or tasting. If you have paid for a full price ticket but cannot provide proof of age when requested we regret that no refunds can be given.

The date and time of your tour or tasting will be clearly stated on your confirmation, and we request that you arrive in good time.

If you arrive after your designated tour or tasting has commenced, you may not be able to take part without disrupting others. We will do our best to accommodate you on the next available tour during that day, particularly if you have come a long distance; however, demand may be high (especially in peak season) and we cannot guarantee that there will be spaces available.  Unfortunately, we are unable to refund tickets where no suitable alternative time is available. We will always reserve the right to refuse admission to the distillery or other tasting locations.

CANCELLATIONS AND AMENDMENTS

If we need to cancel your tour or tasting, you will be entitled to a full refund of the purchase price subject to the notice periods shown below.

We will use all reasonable endeavours to have our tour and tasting locations open and operational during published opening hours but we reserve the right to close on any given day or part thereof (due to adverse weather or other special circumstances) without notice.

In the event of total closure, any tickets issued for tours or tastings on the day of closure will be exchanged or refunded at the price paid for them but no further compensation will be offered.

Should we need to cancel, if you have left us accurate contact information, we will attempt to contact you as soon as this is practical. Using the information you have provided us with at the time of booking, contact may be made by email or by calling your mobile number. On certain days, or at certain times, some parts of the distillery may be closed for cleaning, essential maintenance, or for other technical reasons. This may result in the distillery not being fully operational.  Tours may still proceed with certain areas altered from the scheduled content. Tickets will not be refunded and no compensation will be paid in such event.

If you cancel an online or phone booking or do not arrive for a scheduled tour or tasting you have booked and paid for, tickets cannot be exchanged or refunded unless such cancellations or changes are made more than 7 days prior to the originally scheduled date. There is no charge made for rescheduling in these circumstances. The rescheduled date however must be within 2 months of the original tour booking date. If you cancel your tour or tasting booking less than 48 hours in advance, £10 per ticket of the Distillery Tour will be refunded and £45 per ticket of the Distiller’s Kitchen will be refunded.

If you wish to amend the date or time of any booking following the purchase of ticket(s), you should immediately contact us by phone  on +44 (0) 7837763996 or +44 (0) 1382 553 880 or by email at kecia@tayspirits.com .  We will endeavour (but will not be obliged) to accommodate the alternative date or time requested by you. Available dates and time slots are governed by pre-confirmed bookings.

GROUP BOOKINGS

Tours and tastings are strictly limited in size.  Booking well in advance for large parties is highly recommended.

All bookings require to be paid for at the time of booking to secure your date and tour time. If you cancel a group booking or do not arrive for a scheduled group tour without prior notice, then the following applies:

  • Cancellation more than 7 days in advance – full refund.
  • Cancellation less than 7 days in advance – refunds will not be available.

If changes are requested more than 7 days prior to original booking there is no charge. The rescheduled date however must be within 2 months of the original booking date.

HEALTH AND SAFETY

The distillery is a controlled working and manufacturing environment, and you should exercise due care and attention on the tour. Distillery staff may draw your attention to specific health & safety procedures to which you must adhere. If the fire alarm sounds during your tour the tour guide will direct you to the nearest exit and muster point.

VISITOR CONDUCT

Whilst at the distillery, visitors must observe the following:

  • No smoking
  • No pets or animals except for guide dogs and hearing dogs
  • No access to any area of the distillery other than areas designated for access by visitors

We reserve the right to remove anyone from the tour or tasting if their behaviour is considered likely to cause offence, put staff or other visitors at risk, or create a nuisance to other visitors or staff.

PHOTOGRAPHY

For safety reasons, all photography (including both flash and non-flash) and video recording is strictly prohibited within the production areas of the distillery. From time to time we or other authorised third parties may carry out photography or other recording at the distillery and any images or recordings may feature visitors. Visitors consent to the use of such images by us in connection with advertising, promotions or monitoring and acknowledge that the copyright in such images rests with us and/or any authorised third party of Tayport Distillery.

ACCESSIBILITY

The tour route through the distillery is fully accessible. If you have any requirements for special assistance please contact us in advance to ensure we can receive you and ensure you get the best possible experience.

VISUALLY IMPAIRED ASSISTANCE

Guide Dogs are welcome at the Distillery.

CARERS

One free carer ticket is available to any customer who requires essential assistance to visit us i.e. wheelchair assistance.  This place can be reserved when booking online.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

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.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, 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 by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

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

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) 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, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any 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.

 SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

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. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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.

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.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Tayport Distillery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of 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, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tayport Distillerry and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

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

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms 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 in our sole judgment you fail, or we suspect that you have failed, 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/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

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 of Service 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, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Tayport Distillery, Unit 2, Shanwell Court Industrial Estate, Tayport, FIF, DD6 9DX, United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@tayspirits.com

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