1 - Overview
1.1 These Terms and Conditions apply where you register for this Website and/or purchase any products or services through this Website. If you do not agree to these Terms and Conditions then you should not use this Website.
1.2 Still Spirit Ltd ("Still Spirit") is a company registered in Scotland with the following details:
1.2.1 Company number: SC524004
1.2.2 VAT Registration number: GB338354586
1.3 Questions about these Terms and Conditions should be sent to us at [email protected].
1.4 We may amend these Terms and Conditions from time to time without notice and at our sole discretion. It is your responsibility to review these Terms and Conditions at regular intervals.
1.5 Definitions used in these Terms:
1.5.1 "Website" refers to www.stillspirit.com
1.5.2 "You" and "Your" refers to you, the person registering to use the Website and/or making a purchase.
1.5.3 ""We", "Our", "Still Spirit" and "Us" refers to Still Spirit.
1.5.4 "Legal Age" means at least eighteen (18) years old in the United Kingdom, or such other minimum age as may apply in any other jurisdiction for the lawful purchase of alcohol.
1.6 Any use of the above terminology or other words in the singular, plural, (non-)capitalisation, and/or, he/she are taken as interchangeable and therefore as referring to the same.
2 - Minimum age requirements
2.1 By placing an order with Still Spirit you confirm that you meet the minimum Legal Age for purchasing alcoholic beverages in your country of residence.
3 - How we will accept your order
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We reserve the right to refuse service to or an order from anyone for any reason at any time.
4 - Prices
4.1 The price of the product (which includes UK VAT, where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, see section 4.3 for what happens if there is a mistake.
4.2 Buyers outside the UK should be aware that local customs / duties laws in their respective shipping country prior to purchasing goods on this website - it is the buyer's responsibility to adhere to such laws and to settle any duties and/or VAT payable upon arrival at the shipping country border. See our Shipping page for more information.
4.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
5 - Our products
5.1 Certain products 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 returns policy in section 7.
5.2 While we have made every effort to display as accurately as possible the colours and images of our products, we cannot guarantee that your device will accurately display the colour of any product.
5.3 We reserve the right, but are not obliged, 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.
5.4 Not all of the items for sale at Still Spirit are new and in some cases will have been purchased at auction. Product images on the website are intended for illustrative purposes only and may not be exact representations of the item in stock, particularly for antique and/or discontinued products, which may not be in 100% perfect condition. We will let you know if this is the case before you purchase.
6 - Delivery and collection
6.1 The costs of delivery will be as displayed to you on our website.
6.2 During the order process we will let you know when we will provide the products to you. We will aim to deliver the products to you as soon as reasonably possible and in any event within 30 days after the date on which we accept your order however this may be longer if you are abroad. See our Shipping page for more information.
6.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us using the process set out in section 7 to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you have asked to collect the products from our premises, you can collect them from us, at any time during our working hours of 10am-5pm on weekdays (excluding public holidays). Please note that alcohol cannot be collected before 10am due to licensing laws.
6.5 If you do not collect the products from us within 14 days or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and cancel your order. In such circumstances, we will refund the cost of your order excluding any delivery costs.
6.6 A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us. You own a product which is goods once we have received payment in full.
7 - Cancellations and returns
7.1 Our aim is to ensure that our customers are 100% satisfied with orders purchased from Still Spirit and that these orders arrive with our customers in perfect condition. You may have rights to end the contract depending on what you bought, whether anything is wrong with it, and when you decide to end the contract.
7.2 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
7.2.1 we have told you about an upcoming change to the product or these Terms which you do not agree to;
7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 weeks; or
7.2.5 you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind. if you are a consumer, then you have the legal right to cancel your order within 14 days of receipt of products, and receive a refund. If you wish to exercise this right then you should follow the guidelines in section 7.9. You do not have a right to change your mind once products have been unsealed or used by you or are made to your specifications or clearly personalised, except if they are faulty.
7.4 Ending the contract because the products are faulty. The Consumer Rights Act 2015 requires that any product ordered from Still Spirit must be as described, fit for purpose and of satisfactory quality. If an item is delivered in a faulty or damaged condition, then your legal rights entitle you to the following:
7.4.1 Up to 30-days (starting from the day after the date on which you receive the product): to return the product(s) to us and receive a refund.
7.4.2 Up to six months: if the product cannot be repaired or replaced, then in most circumstances to receive a refund.
7.4.3 Up to six years: if the product does not last a reasonable length of time, then you may be entitled to some money back.
7.5 How we will refund you. We will refund you by the method you used for payment. However, we may make deductions from the price, as described below.
7.6 Refunds if you have changed your mind. We will refund you within 14 days of our receipt of the products you are returning. Our refund will comprise 2 components – 1 part for the cost of the bottle(s) purchased (“Cost Refund”) and 1 part for the standard shipping cost (“Postage Refund”). We will reduce the refund value of the Cost Refund, potentially to zero, to reflect any reduction in value to the product(s) caused by damage and/or deterioration arising from poor customer handling and/or caused by courier damage on the return to us.
7.7 Refunds if we are at fault. If you are ending the contract because of something we have done wrong or if the products are faulty, then we will pay the cost of return.
7.8 To end the contract with us, please let us know by contacting us:
7.8.1 Email: [email protected]
7.8.2 Phone: +44 (0)1358 747470
7.8.3 In person, at: Still Spirit Ltd, Udny, Ellon, Scotland, AB41 7PR
If you are exercising your right to change your mind then you can use the model cancellation form for which a template is provided at the bottom of these terms and conditions.
7.9 If you are returning products to us, please note:
7.9.1 Any cancelled or returned products must be returned to us in the same condition as initially sold and in original packaging – we will process the refund within 14 days or receiving the product(s) back in our premises – our returns address is: Still Spirit Ltd, Whisky Hammer, Udny, Ellon, AB41 7PR.
7.9.2 You will be responsible and liable for the cost of returning the good(s) to us in all cases, except in the scenario where you have received an item that is faulty or damaged condition.
7.9.3 Returns must include a printed statement confirming customer name, initial order number, customer address and reason for cancellation or return.
7.9.4 Returns must be packed with sufficient void fill and in strong packaging to prevent possible damage in transit.
8 - Accuracy of billing and account information
8.1 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.
8.2 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.
8.3 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.
8.4 For more detail, please review our returns policy in section 8.
9 - Personal information
9.1 To find out how we use your personal information please see our Privacy Notice.
10 - Errors, inaccuracies and omissions
10.1 Occasionally there may be information on our site 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).
10.2 We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website, should be taken to indicate that all information on the website has been modified or updated.
11 - Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for any loss if it is:
11.1.1 caused by a delaying event outside our control;
11.1.2 something you could have avoided by taking reasonably action; or
11.1.3 relates to your use of the products we supply for the purposes of your trade, business, craft or profession.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
12 - Disputes and complaints
12-1 If you are unhappy, please contact out customer service team at [email protected]
13 - Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
14.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. 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.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. 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 products, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England you can bring legal proceedings in respect of the products in either the English or the Scottish 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.