Johnnie Walker Princes Street Terms and Conditions

JOHNNIE WALKER PRINCES STREET VISITOR TOUR BOOKING TERMS & CONDITIONS

These Terms

These terms and conditions (the Terms) apply to your ticket purchase. These Terms incorporate and should be read in accordance with the venue rules, copies of which are available on Our website and/or on request. These Terms contain important information about Our venue and your purchase, so please read them carefully prior to purchase. Purchase of tickets constitutes acceptance of these Terms. In these Terms, references to "We", "Us" and "Our" means Diageo Scotland Limited, a company registered in Scotland with company number SC000750.

Purchasing Tickets

A booking must be made by a person aged 18 years or over. Age restrictions apply to some ticket types. Please check carefully before you book and when attending the venue, please carry photographic proof of age. We reserve the right to refuse entry to any visitor not able to produce valid ID. Children under the age of 8 are not permitted on tours. Children 8 years and over are allowed only on the Johnnie Walker Princes Street Journey of Flavour tour and must be accompanied by an adult who is 18 years or older at all times. In addition to the ticket price, your order may require payment of a booking fee per ticket and/or a transaction fee per order. Any such fees shall be notified to you at the time you book the tickets. Please note that those fees are not refundable except as set out in paragraphs 2.4 and 2.6 below. An order for tickets is not complete until accepted by Us. The discount code - EBS25!* - valued at 15% off, applicable to the Johnnie Walker Journey of Flavour, Johnnie & The Chocolatier: Johnnie Walker Luxury Whisky & Artisanal Chocolate Pairing, Whisky Explorers at the Explorers' Bothy, and Whisky Makers' Cellar experiences. Our acceptance of your order will take place when We email you to accept it. We try to ensure all prices are accurate but errors may occur. If We discover an error in the price of the tickets that you have ordered, We will inform you as soon as possible and We may either cancel the order (in which case you will be refunded the ticket price and any booking or transaction fees you have paid) or give you the option of confirming your order at the correct price. Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required. Tickets may be restricted to a maximum number per person. Any such restriction shall be notified to you at the time you book the tickets. We reserve the right to cancel tickets purchased in excess of this number (in which case you will be refunded the price of such excess tickets and any booking fees you have paid relating to the excess tickets). Before you finalise your booking, please read all the information that applies to the event and/or ticket. If you or any member of your party has any special requirements, please raise these when booking and We will endeavour to address your query. There can be no guarantee that requirements can be met if only notified to Us after you have completed your booking.

Ticket Delivery and Collection

Tickets shall be delivered to you electronically via email once your booking has been confirmed following purchase. If you have not received your tickets from Us once your booking has been confirmed, please contact Us. To collect tickets at the venue the cardholder must present the email confirmation of order together with the card used to book the tickets as identification. Other identification or letters authorising collection may not be accepted and the tickets may be withheld at the venue. When you receive your tickets check the details carefully and advise Us immediately of any errors. Mistakes made when ordering cannot always be corrected after purchase and any corrections are discretionary. Tickets are non-transferable. You and your party must not re-sell or transfer (or seek to re-sell or transfer) any booking or tickets. A breach of this condition will entitle Us to cancel the tickets without prior notification, refund, compensation or liability. Duplicate tickets will not be issued to replace tickets that have been lost, stolen or destroyed. Lost, stolen or destroyed tickets will not be refunded.

Attending the Venue

A valid ticket must be produced to access the venue. Removing any part of, altering or defacing the ticket may invalidate your ticket. We reserve the right to conduct security searches on entry and confiscate any item which, in Our reasonable opinion, may cause danger or disruption to other visitors or the venue. Any refusal may result in entry to the venue being refused. Whilst attending the venue, you must at all times comply with all safety announcements, venue rules and directions given by Our staff and security personnel from time to time. Tours are immersive and contain audio-visual effects such as theatrical lighting and projection effects. If you have any concerns about this, please mention this to your tour guide who will assist in making adaptations to your tour. You are welcome to take photos throughout your tour, but we ask no flash photography or filming. For safety reasons, filming and photography is restricted in the Whisky Makers’ Cellar. We reserve the right to refuse admission or require you (and other members of your group) to leave the venue in reasonable circumstances, including for health and safety reasons, if You breach any of the venue rules, if You are involved in any abusive, threatening, drunken or other anti-social behaviour, if You are acting under the influence of, or carrying, any illegal or prohibited substances or if You make unauthorised audio, video or photographic recordings. No refunds will be given to persons who are refused entry or who are required to leave due to their own behaviour as suggested in, but not limited to, the examples above. You should arrive at the venue at least 15 minutes prior to the start of your allotted tour time-slot. If You are late, We shall assume that You have failed to attend, and We reserve the right to continue the tour at the scheduled time in your absence. You are responsible for ensuring that you allow sufficient time for arrival at the venue. We shall not be liable to you if you miss your event because you did not allow sufficient time. From time to time We, or other authorised third parties, may carry out photography or other recordings at the venue and any images or recordings may feature visitors. You consent to such photography/filming and the use of such images by Us in any media in connection with advertising or promotions and acknowledge that the copyright in such images rests with Us and/or any authorised third party. CCTV may be in operation at the venue for the purposes of safety and security including the detection and prevention of crime. Cameras may be brought into the venue for private purposes only, however, the use of photographic and recording equipment may be prohibited in certain areas within the venue. We shall notify you of such restrictions prior to entering such areas. We reserve the right to confiscate and destroy unauthorised recordings, films or similar items. We will not be liable for any loss, theft, or damage to confiscated items. Please wear appropriate clothing and footwear on all tours and in the retail and bar areas. Any visitor dressed inappropriately or insensitively to other visitors will be asked to leave. You should take care of any personal property that you may bring with you and in no circumstances should you leave it unattended. We accept no responsibility for personal property or clothing/footwear worn at the venue.

Cancelled Events / Refunds

Tickets can be refunded up to 48 hours prior to the date of the ticket. Requests to exchange tickets for an alternative date/time are at Our absolute discretion. Such requests can only be considered if We receive notice at least 48 hours before the scheduled date and time of your visit. If you purchased your tickets via our website, please email Us with your request using the contact details set out on the website. We may cancel an event for operational reasons or for causes beyond Our control. It is your responsibility to check that the event you booked is going ahead at the scheduled date and time and you must advise your party of any changes. We will notify you as soon as possible (using the email address you provided) where We have cancelled an event. If an event is cancelled by Us, you shall be entitled to a refund from Us for the cost of your tickets. Please note that any booking and/or transaction fees are not refundable. Refunds shall only be made to the person who purchased the tickets and, when possible, be made using the same method as was used to purchase the tickets except, at Our discretion, where payment was made by cash. Cash payments may be refunded by cheque. Personal arrangements including travel, accommodation or hospitality relating to your visit to our site are at your own risk. We shall not be responsible for any costs or expenses relating to any other services that you may have arranged.

Liability

We do not accept any liability for any losses or claims arising from any inability to access the website or any interruption or any failure to complete a transaction. We do not accept any liability for loss or damage to personal property (including clothing and footwear) or the acts or omissions of third parties. However, we do not exclude or limit in any way Our liability to you for death or personal injury caused by Our negligence or breach of duty or the negligence or breach of duty of our employees, for fraud or fraudulent misrepresentation or in any other way where it would be unlawful to exclude or limit liability. If We fail to comply with these Terms or fail to use reasonable care and skill in providing tickets, we are responsible for loss or damage you suffer that is a foreseeable result of our failure, but We are not responsible for any loss or damage that is not foreseeable or for any business losses set out in paragraph 6.4. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the tickets were purchased, both We and you knew it might happen. If you are a business, We are not liable for business losses. Subject to paragraph 6.2, We will have no liability to you (whether in contract, delict (including negligence), tort (including negligence) or otherwise) for any loss of profit, loss of business, business interruption, or loss of business opportunity (in each case whether such loss is direct or indirect).

Other Important Information

Any ticket obtained in breach of these Terms shall be void and any person holding such a ticket shall be refused entry without refund or compensation. We will process the personal data collected in connection with your booking in accordance with the Diageo Privacy and Cookie notice. If required, we may share your contact details with NHS Test and Trace. You accept full responsibility for all contact information on your customer account and must ensure it is kept up-to-date. We accept no responsibility for information not received by you due to out of date contact information. Please be aware that your email f ilter settings may treat Our emails as spam or direct them to your junk folder. Ownership or possession of a ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trade marks, logos and/or intellectual property appearing on the ticket. If We delay or fail to enforce any of these Terms it shall not mean that We have waived our right to do so. This contract is between you and Us. No other person shall have any rights to enforce any of its terms. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and will ensure that the transfer will not adversely affect your rights under the contract. Each paragraph 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. This contract amounts to the entire understanding between you and Us in relation to your order and it will not be modified unless We both agree.

Laws and Disputes

These Terms are governed by Scottish law, and you can bring legal proceedings in respect of your purchase in the Scottish courts. 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 not happy with how We have handled any complaint, you may want to use alternative dispute resolution.

Click & Collect Terms of Sale

These Terms These Click and Collect Terms of Sale (“C&C Terms”) apply to you when you order products (“Products”) through the https://www.johnniewalker.com/en/visit-us-princes-street/book-whisky-tasting website (“the Website”) for click and collect using the Diageo Click & Collect service. The Product is produced by Diageo Great Britain Limited, a company registered in England and Wales under company number 00507652 with its registered address at Lakeside Drive, Park Royal, NW10 7HQ. Products ordered on the Website using Diageo’s Click & Collect service will be sold to you by Diageo Scotland Limited, a company registered in under company 000750 whose registered address is at 11 Lochside Place, Edinburgh, Scotland EH12 9HA. By ordering any Products using the Click & Collect service you agree to be bound by these C&C Terms.

Placing an Order

If you would like to be able to collect your Products from the Johnnie Walker Princes Street retail store you will be provided with an opportunity to select your products while booking your tour or experience online via our website. When you place your order using the Diageo Click & Collect service you will have the opportunity to add the name of an alternate pick-up person who can collect the Products from the store on your behalf. Please ensure that you have their permission to provide their name to Diageo before you place your order. Due to the speed at which orders are processed, you will not be able to add or change the alternate pick-up person once your order has been placed. By placing your Order and making payment through the Website you will enter into a contract with Diageo Scotland Limited under these Terms of Sale. We only sell Product to persons aged 18 or over and by placing an Order, you agree that you are at least 18 years of age. Once you are ready to make a purchase via the Website, you will check out your shopping basket. The Website will ask for your payment details which will be processed on secure server by our third-party payment processor. You will then receive an email from Johnnie Walker Princes Street via AnyRoad Inc. to acknowledge that your Order has been received (Confirmatory Email). This email does not mean we have accepted your Order. We may, at our discretion and for any reason, decline to accept your Order, in which case we will inform you by email and, if we have already taken payment from you, the appropriate will be refunded to your original payment within 3-5 working days. After receiving your order, Diageo will check that the relevant Products are in stock at Johnnie Walker Princess Street retail shop. If your Products are in stock your order will be prepared for collection by our store team on the day of your tour or experience. This email forms the contract between us incorporating these Terms of Sale (Contract). You should check the Confirmatory Email for accuracy and let us know immediately if there are any errors. It is your responsibility to ensure that your Order is correct before submitting it to us and we will not be responsible for any issues with your Order because you have inputted incorrect or incomplete details. If you have any problems with your Order, you should contact our customer services team via email at Retail.JWPS@diageo.com.

Delivery and Collection

Products ordered through Click & Collect, that are in stock at Johnnie Walker Princes Street are available for collection on the day of your experience or tour with us. Your Product will be held for 14 days after your experience, should you forget to collect on the day. If you haven’t collected the Product after 14 days your payment will be refunded to your card. When you or your alternate pick-up person collects your Products, you/they will be asked to provide a copy of your Order Receipt Confirmation Email and a valid form of ID (passport or driving licence). You/they may also be asked to sign for the Products.

Pricing

The price of the Product will be the price indicated on the order pages on the Website where you placed your Order. All prices are shown in £GBP. All prices are liable to change at any time, but such changes will not affect Orders for which we have issued a Confirmatory Email. If we find the price has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. Product prices indicated on the Website and at checkout include all local taxes (inc. VAT) and duty that may be payable in respect of the Product, If the rate of applicable taxes and duties increase between your Order date and the date we delivery the Product, we will adjust the rate of taxes and duties that you pay, unless you have already paid for the Product in full before the change takes effect.

Payment

When you order the Products on the Diageo website you will be asked to enter your payment details and payment for the Products will be pre-authorised. Payment will be taken automatically, using the details that you provided at the Diageo website checkout, at the time of placing your order on our website for collection from the Walker Princes Street store. Payment for all Products must be in £GBP by Maestro, Mastercard and Visa. It is possible your card issuer may charge you an online handling fee or processing fee, for which we are not responsible. For payment by card, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to or does not for any reason authorise or validate the payment, we will cancel your Order. Ownership of the Products will pass to you only when Diageo has received full payment in respect of your order, including all taxes and other charges. The Products will be at your risk from the time of collection.

Help, Cancellations, Returns and Refunds

For help with your Order, you can contact the customer services team at Johnnie Walker Princes Street by emailing Retail.JWPS@diageo.com. We will aim to respond to emails within 5 working days. You have a 14-day period starting on the date your Order is delivered to change your mind about the Product and cancel the Contract, provided the Product is unopened, has not been consumed and you have not broken the seal on the Product. To exercise this right to cancel, please return to Johnnie Walker Princes Street Store with the products you wish to return and your receipt/booking confirmation email and speak to a member of our retail team who can help process your refund. Alternatively, please email us on Retail.JWPS@diageo.com and we will arrange for a postage label to be sent to you electronically, which you can use to post the Product back to us at your own cost, for a full refund within 14 days of receipt by us, provided the Product has not been and the seal is not broken. Subject to any specific warranties implied by law, we do not offer any warranty or guarantee on our Product. If the Product is damaged or faulty when delivered to you or misdescribed, you can return the Product and receive a replacement Product or a refund. You should inspect the Product when you receive it for defects, damage or misdescription. If you find a defect, damage or misdescription please let us know as soon as possible by contacting reservations.jwps@diageo.com . Please note you will be required to provide photographic evidence of the damaged, faulty or misdescribed Product, without which we will be unable to process any claim. On acceptance of your claim we will provide you with a free returns slip and ask you to return the Product to us within 14 days. We will then process your refund to your original payment method within 14 days of receiving the Product. Failure to return the Product or to provide requested photographic evidence will forfeit your right to a refund or replacement. Nothing in this section affects your statutory legal rights.

Product Information

All free items are subject to availability and are subject to change without notification. All pictures shown are for illustration purpose only and Products and their packaging may vary slightly from their pictures.

Limitation of Liability

You agree not to purchase Product for any commercial, business or re-sale resale purposes, and if you do so we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. These Terms of Sale do not exclude our liability (if any) to you for:

• fraud or fraudulent misrepresentation;

• 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; or

• any matter which it would be illegal for us to exclude or to attempt to exclude our liability. 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 where 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 cause 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.

Personal Data

The collection, use and disclosure of all personal information in connection with your Order is conducted in accordance with our privacy policy. To the extent that we process any of your personal information in connection with this Contract you hereby consent to such processing.

Applicable Laws

These Terms of Sale and any dispute or claim arising out of or in connection with them are governed by Scotland will have non-exclusive jurisdiction of any disputes or claims that arise in relation to these Terms of Sale.

Other Information which you need to be aware

We may transfer these Terms of Sale, and our rights and obligations under these Terms of Sale, to another organisation. We will always ensure that the transfer will not affect your rights under these Terms of Sale. You need our consent to transfer your rights and obligations to someone else. If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected. Even if we delay in enforcing the terms of these Terms of Sale, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Sale, or if we delay taking steps against you in respect of your breaking these Terms of Sale, 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. A person who is not a party to a Contract is not entitled to enforce any of its terms and does not have any rights under the Contract, except where these Terms of Sale expressly provide for such rights."

PRINCES STREET GENERAL TERMS AND CONDITIONS OF PRODUCT SALES

Applicability Of These Terms Of Sale

These Terms of Sale apply to the sale of Diageo’s alcoholic beverages and other products which are stocked in its ‘Brand Homes’ and which are available to purchase through the Webshop (referred to in these Terms of Sale as “Products”).

It is important that You read these Terms of Sale carefully before ordering any Products through the Webshop, as they govern MMUK’s relationship with You concerning the purchase of Products via the Webshop. While Diageo operates the Webshop, any contract to purchase Products formed under these Terms of Sale will be entered into between You and MMUK, and will be fulfilled by MMUK. MMUK is a fulfilment partner of Diageo.

These Terms of Sale will apply to all enquiries made by You, 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 Webshop. 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 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 Us on the terms of these Terms of Sale for the sale and delivery of the Products by means of distance selling via the Webshop, whereby exclusive use is made of one or more techniques for distance communication.

Diageo: Diageo Great Britain Limited.

Products: has the meaning in article 1 above.

Consumer: any natural person who is acting for purposes which are outside his trade, business, craft or profession.

MMUK: Mail Marketing UK Limited, having its registered office in Glasgow, the United Kingdom.

Model Withdrawal Form: the Great Britain model form included in Annex I of these Terms of Sale for withdrawal from a distance contract.

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

Webshop: means the digital store which may be accessed at a Diageo ‘Brand Home’ for the purposes of placing online orders for Diageo’s alcoholic beverages and other products which are stocked in its ‘Brand Homes’.

We/Us/Our: MMUK.

Withdrawal Period: The period of fourteen (14) days within which a Consumer may exercise its Right of Withdrawal as further described in these Terms of Sale.

You(r)(s): any natural person or legal entity that visits the Webshop and/or has entered, or wishes to enter, into a Contract with Us.

WHO WE ARE - Statutory name of trader: Mail Marketing UK Limited - Company Number SC171868 - VAT-number: GB154631811 - Registered office address: West 205, 9 Baird Avenue, Hillington Park, Glasgow, G52 4FN - Telephone number: +44 (0) 141 473 6369

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, Belgium, France, Germany, Italy, the Netherlands, the United States of America, Switzerland and Canada.

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 And The Formation Of The Contract

5.1 Orders are transmitted via the Webshop. Once You are ready to make a purchase, You can proceed to checkout with Your shopping cart. The Webshop 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 an offer to buy the Product(s) specified in the order and is subject to Our explicit acceptance (as further described in article 5.4). 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 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 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 the 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 Webshop and at checkout are stated in pounds, and, where stated, include all local taxes and fees that may apply to the Product(s) (where applicable). For certain territories, You will be required to pay local taxes and fees, levied once the Product reaches its delivery destination, directly. In such cases, such taxes and fees will not be included in the price. Delivery costs are not included in the prices. These will 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 7-10 Business Days.

8.2 We reserve the right to make partial 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: customerservices@mailmarkuk.com / telephone number: +44 141 473 6369. 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 You or such person has 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 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 expense. 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: customerservices@mailmarkuk.com / telephone number: +44 141 473 6369 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: customerservices@mailmarkuk.com / telephone number: +44 141 473 6369. 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

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 Webshop, 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 Diageo and their licensors and/or content providers. You are granted no rights other than the limited right to visit the Webshop. 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 Webshop without prior express permission, except for personal use.

The Accuracy And Accessibility Of And Links On The Webshop

15.1 The Webshop is created with the utmost care and skill. However, We cannot guarantee that the Webshop will always be available and that the information on the Webshop 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 Webshop or the information thereon.

15.2 We make every effort to ensure that the Webshop is virus-free, but unfortunately We cannot guarantee this. The Webshop may contain links to third-party websites. We cannot guarantee the content and the functioning etcetera 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 available for purchase on the Webshop are clearly and truthfully depicted and/or described and as complete as can reasonably be expected on the Webshop. 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; or (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

To the extent we process personal data in connection with these Terms of Sale, we do so in accordance with Our privacy policy. In protecting such personal 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.

Amendments

19.1 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 the Webshop.

19.2 The version of these Terms of Sale, which applies to Your order, is the version found on the Webshop at the time of placing Your order.

Applicable Law

To all enquiries made by You, the order process, Your (intended) purchase of the Products, the Contract, the use of the Webshop as well as these Terms of Sale themselves, English law applies.