Terms and Conditions
Terms and Conditions and Customer Information
Terms and Conditions for dealing with Jeffrey Street Whisky and Tobacco – the reading name of Dochgarroch and Santiago Limited
Please Note by using our website you have agreed to the following if applicable.
Definitions
“Conditions” means these terms and conditions; “Product” means a product displayed and advertised for sale on our Website; “Website” means the website at www.jeffreyst.com ; “Consumer” means an individual buying a Product for non business purposes; “Cookies” means small text files which our Website places on your computer’s hard drive to facilitate your order process “Parcel” means a Product and any packaging supplied by us including any VAT Invoice and Returns Slip. “Physical Delivery” means the delivery to you or to another person specified by you at either your address or to an alternative delivery address specified by you. ‘VAT’ means Value Added Tax payable to HM Revenue & Customs at the rate applicable at the time when your order is accepted
- GENERAL
1.1 These terms and conditions apply to all sales from us effected through our Website They may be changed at any time and any change will take effect from the time of publication on our Website. Your statutory rights are not affected. Information on The Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 may be found at – http://www.legislation.gov.uk/uksi/2013/3134/contents/made(External Website) and The Consumer Rights Act 2015 may be found at – http://www.legislation.gov.uk/ukpga/2015/15/contents (External Website)
By using this Website you warrant that you are 18 years of age and may lawfully enter into any contract with us.
1.2 Our name is Dochgarroch and Santiago Limited and we are registered in Scotland No SC479875, under the UK Companies Acts, with our registered office & principal place of business at
12-14 Jeffrey Street, Edinburgh EH1 1DT
Our email address is info@jeffreyst.com and our telephone number is +44 (0) 131 556 9930
1.3 All communications from us will be in English language. All contracts with us will be deemed to have been made in Scotland and any disputes regulated by Scots law and you agree that the Scottish courts will have exclusive jurisdiction to determine any disputes.
1.4 All e-mail enquiries will be responded to as quickly as practicable
1.5 Our Products may not be ordered or purchased by or on behalf of any person under the age of 18. You are required to state your date of birth when ordering Products on our Website and to confirm that no Product is being ordered on behalf of any person under age 18. If we have reason to believe that any date of birth is incorrectly stated or that the Products are being ordered on behalf of persons under age 18 we may decline the order or retain both the Product ordered and the payment made for it pending investigation by UK enforcement authorities..
- ORDERS PLACED ONLINE
2.1 Our Website constitutes an invitation to you to do business with us. Any order submitted by you is your offer to enter into a contract with us. Before you submit an order,you should ensure it is correct. Any changes can be made by pressing the back button prior to placing your order. After you have placed and paid for your order, confirmation will be sent to you by e-mail that your order is accepted with an Order Reference Number.
2.2 We store the contract’s content and will send you the details of your order and the final price as well as our general terms via e-mail. You can find our terms and conditions on our Website at all times. Details about your recent orders can be found in your customer login.
2.3 We are not responsible for pricing errors and we may decline any order although we will advise you of the reason.
2.4 We must receive payment for the Product ordered and the delivery costs before your order can be accepted and your Order Reference Number issued.
2.5 The prices quoted on our Website are inclusive of VAT but exclude delivery costs which are specified in Paragraph 6 below.. Prices shown in currencies other than UK Sterling (GBP) are a guide only, since exchange rates at the time of purchase may vary from the guide
2.6 The price, availability and specification of any Product are subject to change without notice prior to our issuing an acceptance of your order and your Order Reference Number, but not thereafter.
2.7 All descriptions, images and specifications are published for illustration purposes only.
2.8. Title to the Product shall not pass to you until we have received in full all moneys owed by you under that and any other contract.
2.9. All risk of loss of or damage to the Product shall pass to you upon Physical Delivery. Where the Product or Parcel has been signed for, the risk passes to you when the Product or Parcel has been signed for. If you believe that a Product or a Parcel has been tampered with or is in some way damaged, it is your responsibility to refuse to sign for it. Please
- GIFT VOUCHERS
3.1 Gift vouchers will be posted with no delivery charge and can be used to purchase Products online, over the telephone or in our shop, 12-14 Jeffrey Street, Edinburgh EH1 1DT
3.2 Gift vouchers are valid for 12 months from the date of issue.
3.3 Gift vouchers cannot be exchanged for cash.
3.4 Gift vouchers cannot be returned or refunded except in accordance with your legal rights.
- PAYMENT METHODS
4.1 We accept either Credit Card or Debit Card payments via WorldPay (formerly RBS WorldPay) or payment using PayPal.
4.2 We accept AMEX / MasterCard / Visa / Visa Delta / Visa Electron / JCB / Solo / Switch / Maestro Domestic.
4.3 The Product will not be despatched until we have full payment for it and for delivery costs.
- DELIVERY OF GOODS
5.1 You must allow up to 3-5 days for delivery. We offer the option of choosing a preferred delivery service. Please note that the information provided and the charges quoted are supplied by a third party and may change without prior notice.
We will endeavor, to dispatch Products immediately on confirmation that your order is accepted and issue of your Order Reference Number although, if any Product that you order is out of stock, we will contact you by telephone or email as soon as practicable to let you know. If delay in dispatch is likely to exceed 7 days you may, provided the Product has not been dispatched, cancel your order and we will refund all sums paid by you.
5.2 If received products are incorrect please refer to section 10.
Alternative delivery address
You will be given the option, at the checkout stage on our Website , to specify an alternative delivery address if required. You are required to confirm the identity of the occupier of any alternative delivery address and warrant that he/she is age 18 or more and that the Product will be accepted by that person personally..
Alternative person to receive a Product
You may specify an alternative person to accept delivery of a Product. You are required to confirm the identity of the occupier of any alternative delivery address and warrant that he/she is age 18 or more.
- DELIVERY COSTS
Please note that we use third party widgets to calculate delivery charges. To the best of our knowledge, the charges are accurate.
Please, also note, that it is a third party who estimates the delivery charges and the information supplied (i.e. prices) may change without prior notice. This may happen with out our knowledge and at the discretion of the couriers.
VAT
All prices on the site are inclusive of VAT. Unless otherwise specified.
Tax free shopping is available to non-EU customers. If both your billing and shipping addresses are outwith EU, were applicable, we will deduct VAT from the price shown on the Website. Certain products do not incur VAT and as such the marked price will not vary regardless of purchase and delivery location(s).
BFPO Shopping
We arrange delivery to BFPO addresses. To purchase using the BFPO postal system, at the checkout on our Website, select United Kingdom as your shipping country from the first dropdown box and then BFPO as your Destination from the second dropdown box.
This will allow us to process your order free from VAT to BFPO addresses.
If you are based in an EU member state we require a completed BFPO (Article) 1510 Tax Exemption Form signed and stamped by an authorised person.
Order on our Website as outlined above and then send an email to info@jeffreyst.comwith your details and let us know that the exemption form will follow. We will process your order reserving the Product for you until proof of your VAT status arrives by mail or email. If the form is emailed to us, we will require the original by post within 28 days of your order. Failure to do so may result in VAT having to be paid on your order.
Outside EU
If your BFPO address is outside the EU, we will not charge you VAT. You require to ensure you select United Kingdom as your shipping country from the first dropdown box and then BFPO as your destination from the second dropdown box at the checkout.
Within EU
Certain BFPO locations within the EU are eligible for VAT free sales. We can supply Product VAT free if you fax or email the form above to us duly signed by an authorised person following the above instructions. You require to select United Kingdom as your shipping country from the first dropdown box and then BFPO as your destination from the second dropdown box at the checkout.
Delivery Information
We despatch all Parcels, up to 2kgs in weight, using the BFPO Royal Mail service. For heavier items, Parcelforce 48 hours service is used. Standard BFPO delivery terms apply and Parcels can be tracked using http://track.royalmail.com (External Website) to Mill Hill when it is handed over to BFPO’s responsibility. The cost for all BFPO deliveries is £6.00 less VAT at the current rate
For more information, you should go to www.bfpo.org.uk or contact us at info@jeffreyst.com
- CREDIT/DEBIT CARD SECURITY
When purchasing a Product online your order details will be passed to our secure online payment processing operator, WorldPay. Your details will be processed using WorldPay secure systems that are Payment Card Industry Data Security Standard (PCI DSS) compliant. We do not store any cardholder data.
- PRIVACY & COOKIE POLICY AND DATA PROTECTION
8.1 Ordering with Dochgarroch and Santiago Limited trading as Jeffrey Street Whisky and Tobacco
8.1.1 We collect only the basic personal details required to process your order. We will not release your name, address, email address or any other information about you to any outside party save to regulatory authorities as required by law. We will not trade, resell, sell, or redistribute information that you provide to us, to any other companies, organisations or individuals.
8.1.2 Our policy is to keep the personal information we receive completely confidential, and used solely for internal purposes. We will not share your personal information with any other parties, and we only use Cookies to facilitate the order process. No other form of tracking technology is used by us. If you are concerned about your personal data, you have the right subject to the payment of a fee (currently £10) to request access to the personal data which we may hold or process about you. You have the right to require us to correct any inaccuracies in your data free of charge.
8.1.3 As an alternative, you can contact us by telephone to place your order. Telephone +44 (0) 556 9930 during 8.30am – 5.30pm Monday to Saturday. We may be closed on local and public holidays.
8.2 Right to prevent marketing
Our email newsletter contains marketing and promotional information. You can choose to sign up to this either when registering to place an order or by joining our mailing list. At any stage you have the right to ask us to stop using your personal data for direct marketing purposes. You can opt-out at any time via Your Account.
8.3 Cookie Information
8.3.1 Our primary goal in collecting personal information from you is to provide you with a smooth, efficient, and personalised experience while using our services. This allows us to provide services and features that most likely meet your needs, and to customise our service to make your experience easier and quicker.
We use a web analytics tool to analyse site usage, how our users arrive at our site, what they do on the site, what browser they are using and on what operating system etc. However, this analytics data, collected via a JavaScript tag in the pages of our site, is not tied to personally identifiable information.
Cookies
8.3.2 We use a number of different cookies on our site. If you do not know what cookies are, or how to control or delete them, then we recommend you visit http://www.aboutcookies.org (External Website) for detailed guidance.
The following information describes the cookies we use on this site and what we use them for. Currently we operate an ‘implied consent’ policy which means that we assume you are happy with this usage. If you are not happy, then you should either not use this site, or you should delete our cookies having visited the site, or you should browse the site using your browser’s anonymous usage setting (called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.)
Session Cookies
8.3.3 We use a session cookie to remember your log-in for you and what you’ve put in the shopping basket. These we deem strictly necessary to the working of the website. If these are disabled, various functions on the site will no longer work as designed. More information on session cookies and what they are used for at http://goo.gl/7jbXw (External Website)
8.4 Persistent Cookies for Site Analytics and Performance
Google Analytics
8.4.1 We use this to understand how the site is being used in order to improve the user experience. User data is all anonymous. You can find out more about Google’s position on privacy as regards its analytics service at http://goo.gl/ek47W (External Website)
Social buttons
8.4.2 On many of the pages of the site you will see ‘social buttons’. These enable users to share or bookmark the web pages. There are buttons for: Twitter, Google +1, Facebook ‘Like’, LinkedIn ‘Share’, and StumbleUpon. In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from external domains.. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on our site. So if you click on any of these buttons, these sites will be registering that action and may use that information. In some cases these sites will be registering the fact that you are visiting our website, and the specific pages you are on, even if you don’t click on the button if you are logged into their services, like Google and Facebook. You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.
Email tracking
8.4.3 Some emails that we send you have no tracking in at all e.g. service emails with invoices attached. Other emails we send we put in tracking so that we can tell how much traffic those emails send to our site but we do not know who has clicked so the data is anonymous e.g. our promotional email. Some emails we can track, at an individual level, whether the user has opened and clicked on the email. We rarely use the latter information at a personal level, rather we use it to understand open and click rates on our emails to try and improve them. If you want to be sure that none of your email activity is tracked then you should opt out of our emails which you can do via Your Account.
8.5 Site Improvement Cookies
8.5.1 We may test new designs or site features on our site from time to time. We do this by showing slightly different versions of our website to different people and monitor how our site visitors respond to these different versions.
For more information on Optimizely software you should read their privacy policy.(External Website)
To disable use their cookie opt-out (External Website)
8.6 Website development tracking software
8.6.1 We may test new features/functions on our site from time to time. We use Click Tale to sometimes record keyboard strokes and mouse movements which can help make our forms easier to understand.
For more information on Click Tale you should read their privacy policy.
To disable you require use their cookie opt-out.
8.7 Data Protection
We are registered as data controllers with the UK Information Commissioner in terms of Data Protection Act 1998 and we collect, process and safeguard all personal data conform to our obligations in terms of that Act and the foregoing provisions of these Terms and Conditions.
- CANCELLATION, RETURNS, EXCHANGES AND REFUNDS
9.1.a Corona VIrus (Covid-19)
As of 13th of March 2020 We will refund or Re-book Tastings placed after the 1st of February 2020. If we are no longer able to take bookings or host tastings we will contact you and refund your tasting in full.
9.1.b If you are contracting as a Consumer, you may cancel a contract at any time within 14 working days from the date of Physical Delivery. You are not required to state any reason for cancellation. If you exercise the right to cancel, you will, subject to the conditions below, receive a full refund of the price paid for the Products including
9.1.1 the original delivery cost but will not be reimbursed for any original delivery costs in excess of those specified in Para 6 above if incurred at your request
or
9.1.2 the cost of returning the Product or Parcel.
You must notify us of your cancellation in writing or in another durable medium sent to Jeffrey Street Whisky and Tobacco at 12-14 Jeffrey Street Edinburgh EH1 1DT or by e-mail to info@jeffreyst.com
Your cancellation notice should state your full name and address and the date of your order and of Physical Delivery. You must return the Product to Jeffrey Street Whisky and Tobacco 12-14 Jeffret Street, Edinburgh EH1 1DT without undue delay and in any event not later than 14 days from the date on which you intimated your requirement to cancel to us. You will have to bear the direct cost of returning the Product. Re-imbursement to you will be reduced by any diminished value of the Product resulting from handling of it by you or by persons permitted to you beyond what is necessary to establish the nature, characteristics or functioning of the Product.
9.2 We offer consumers 28 days unconditional approval on any Product purchased from our website. The full price of the Product will be refunded for any Products returned to us, in an unused condition, and with the original packaging, within 28 days of receiving the Product or alternatively, if you wish, you may exchange any Product. The 28 days unconditional approval does not affect your statutory right to cancel.
9.3 Refunds will only be made after the returned Product has been received by us. Payment will be refunded within 14 days of our receipt of the Product has been returned to us by then. You require to prepay return postage or carriage costs and these will not be reimbursed.
9.4 Refunds will be made in the same manner as the original payment. On receipt of a returned item which was originally paid for by credit card, a reimbursement will be made directly to the credit card account of the person who paid for the Product. Where an exchange item is required, the card will be recharged on despatch of the replacement Product.
9.5 Unless faulty or not as described, we will not refund or offer an exchange on made-to-measure products
- GOODS DAMAGED/INCORRECT IN TRANSIT
10.1 In the event of a Product being damaged prior to Physical Delivery it should be returned for our inspection immediately.
10.2 In the event that the product is not correct to what you have ordered. You should contact us and return the product to us for a full refund.
10.3 Under no circumstances must a Product be used when damaged or Incorrect, as you will be deemed to have accepted it in its damaged/Incorrect condition. Before a replacement Product or refund can be issued, the Product must be returned for our inspection since the Product may have to be returned to the manufacturer for testing.
11. Events Outside Our Control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in paragraph 11.2 below.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including (without limitation) failure or breach of contract by a carrier or other sub-contractor, strikes or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control that affects the performance of our obligations under a Contract takes place:
11.3.1 we will contact you as soon as reasonably possible to notify you;
11.3.2 we will take steps to minimise the effect of that Event Outside Our Control; and
11.3.3 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any Product you have already received and we will refund the price you have paid, including any delivery charges.
11.5 References in this paragraph 12 to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of the Contract. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance of the Contract (or that you have frustrated or hindered that performance), we may (though are not required to) treat the order as cancelled, end the Contract and notify you in writing.
11.6 We reserve the right to cancel an order, end a Contract, refuse to deliver a Product and inform law enforcement agencies in circumstances where we consider (acting in our absolute discretion) that you are attempting to obtain a Product using fraudulent means, to commit any other type of fraud or to otherwise break the law.
12. Delivery or Collection
12.1 If the parties agree that the Company is to arrange for the delivery of the Goods to the Customer:
12.1.1 the Company shall arrange for the delivery of the Goods to the location set out in the Order or such other location as the parties may agree (the Delivery Location) at any time after the Company notifies the Customer that the Goods are ready for delivery;
12.1.2 subject to clause 4.1.6, delivery of the Goods shall be completed at the point in time at which the vehicle containing the Goods’ arrives at the Delivery Location;
12.1.3 any dates quoted for the delivery of Goods by the Company to the Delivery Location are approximate only, and the time of delivery is not of the essence. The Customer shall notify the Company in writing as soon as practicable in circumstances where Goods are not delivered to the Delivery Location on the date quoted for delivery of the Goods (or on or before the last date for delivery, where a range of potential delivery dates is provided by or on behalf of the Company);
12.1.4 without prejudice to clause 4.1.4, the Company shall not be liable for any delay in delivery of the Goods or failure to deliver the Goods to the extent caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate and correct delivery instructions or any other instructions relevant to the supply of the Goods;
12.1.5 and the Customer fails to accept delivery of the Goods then, except where such failure is directly caused by the Company’s failure to comply with its obligations under the Contract (and without prejudice to the Company’s rights under section 37 of the SOGA 1979): for the purposes of determining whether the Company is in breach of any of its obligations under the Contract, delivery of the Goods shall be deemed to have been completed at the time at which the Company attempted delivery of the Goods (and all costs and expenses of that deemed delivery and of the return of the Goods to the Company shall be for the account of the Customer); the Company shall have no further obligation to attempt to deliver the Goods to the Customer; (without any liability to the Customer) the Company shall have the right to return the Goods to stock after the date of deemed delivery referred to in clause 4.1.6(a); and subject in any event to the Customer having paid the Company in full (in cleared funds) for the Goods, the Company shall refund to the Customer the price paid in respect of any Goods returned to stock (net of the costs and expenses of the deemed delivery and return referred to in clause 4.1.6(a)); and
12.1.6 the Company may deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any instalment.
13. Klarna Payments
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
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Pay Later
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