TERMS OF SALE UK
By placing your order and making payment through the Ardray.com (https://www.ardray.com) website (hereafter the Website) you have entered into a contract with BSQ UK Limited for the provision of whisky and whisky-related products (hereafter all called “Product(s)”). You have engaged BSQ UK Limited to fulfill all orders placed through the Website. BSQ UK Limited is the retail operator for the Website. It is important you read these Terms of Sale (“Terms of Sale”) carefully before ordering any products through the Website because they govern our relationship with you in relation to your purchase. Please understand that if you refuse to accept these Terms of Sale, you will not be able to order any Product(s) from the Website. You may have other rights granted by mandatory law, and these Terms of Sale. In the case of a conflict between these Terms of Sale and applicable law, the law shall prevail.
BSQ UK Limited
1 Chamberlain Square CS, Birmingham UK, B3 3AX
AWRS #: XCAW00000113376
HOW YOUR CONTRACT WITH US IS FORMED
Orders are submitted via the website in the following way: Once you are ready to make a purchase, you will check out of your shopping basket. The website will ask for your payment details which will be processed on a secure server. When your payment has been processed your order information will be passed to us including your mailing address. We will not hold any of your payment details. It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, you should contact us via email at https://www.ardray.com/contact-us. Our Customer Service Team will respond to you directly via email.
We will send you a confirmatory email to acknowledge that your order has been successfully placed with information on the product that you have selected (“Confirmatory Email”). On receipt of your order, we will check to make sure we are able to fulfill your order. Where we accept your order, we will confirm such order by sending you a second email ("Dispatch Email") confirming your order and dispatch of the Product(s) to the delivery address you have requested. This is sent out automatically by us to the email address you register with. By sending you the Dispatch Email and thereby confirming and accepting your order, the contract (“Contract”) between us is formed. You should check both the Confirmatory Email and Dispatch Email for accuracy and let us know at https://www.ardray.com/contact-us immediately if there are any errors. If there are any problems with your order which we wish to query, you will be contacted by a Customer Service representative via email.
PRICE AND PAYMENT
Prices and delivery costs are liable to change at any time, but changes will not affect orders which have already been confirmed in the Dispatch Email. Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your order (before the Dispatch email has been sent and a Contract is formed) we will contact you and ask if you wish to proceed at the correct price. The prices for the Product(s) indicated on the Website and at checkout include all local taxes and duty, which may be payable in respect of the Product(s) but excludes the delivery costs which will be automatically added to the total amount due when you view your items in your shopping basket. All payments must be made at the time of order of the Product(s) by you. Payment for all Product(s) must be by credit or debit card or via PayPal, Google Pay or Apple Pay. If we are unable to accept your order for any reason then we will refund any money paid by you in respect of that order. We will not dispatch the Product(s) until we receive payment in full. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. For payment by card, all credit and debit cardholders may be subject to authorization and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorize or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
DELIVERY, TITLE AND RISK
Deliveries take approximately 3-5 business days. We will notify you once your order has been dispatched and provide you with a tracking number that you can use to track the shipment. If you have any further questions, please email our Customer Service Team at https://www.ardray.com/contact-us. Please note: this does not apply to pre-ordered products (products being offered for purchase in advance of arrival at our warehouse), as further delays can occur here.
We can only deliver Product(s) to addresses within Mainland UK.
Ownership and risk of the Product(s) will pass to you on delivery.
WHO CAN PURCHASE FROM US?
To purchase products and have your order fulfilled by us, you must be over 18 years of age and a resident of Mainland United Kingdom. We can only deliver
to Mainland UK.
To confirm the recipient is over legal purchase age (LPA), a valid photographic ID with a date of birth may be required upon delivery.
We are a reseller and all obligations and responsibilities in respect of the Product(s) for returns, breakages and late delivery rest with us. All free items are subject to availability and are subject to change without notification. All pictures shown are for illustration purposes only.
LIMITATION OF LIABILITY
These Terms of Sale do not exclude our liability (if any) to you for:
- personal injury or death resulting from our negligence;
- fraud or fraudulent misrepresentation;
- for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- under Part 1 of the Consumer Protection Act 1987; or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
Subject to this, in no event shall we be liable to you for any business losses and we shall only be liable to you for reasonable losses which you suffer as a result of a breach of these Terms of Sale by us. Our liability for reasonable losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product(s) you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not responsible for any delay in, or failure of, performance of our obligations under any contract 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) and industrial action. Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
YOUR RIGHT TO CANCEL
You have the right to cancel your order, for any reason, by providing notice (via email or at https://www.ardray.com/contact-us) within 14 days of receiving the Product(s). You will be refunded for the value of the original order, including shipping (unless a shipping method other than standard was selected), to the original payment method. We will refund you without delay, but no later than 14 days after we receive the Product(s) back from you in the condition in which the products were shipped. If the Product(s) were never received by you, your refund will be issued no later than 14 days after we received your notification to cancel.
In the case of a damaged or defective Product(s), you may not be required to return the Product(s) in order to cancel your order and receive a refund. You will be asked to provide photographic evidence of damage or defect, and Customer Service will confirm if return is required.
Should your item be returned to us due to non delivery your order can be refunded (minus the delivery charge) or we can re-deliver, however you will need to pay a redelivery charge.
You must ensure that you take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled.
OUR RIGHT TO REFUSE DELIVERY
We reserve the right to refuse delivery of the Product(s) ordered by you in the event that there is any profanity which includes but is not limited to any obscene, offensive, hateful, inflammatory or sexually explicit language.
We may in our sole discretion limit or restrict the quantity or volume of any Product(s) which you purchase from us whether in one transaction or in any series of transactions over any specific time period. We will let you know, prior to you finalising your purchase, if any Product(s) are subject to restrictions on the quantity or volume you may purchase.
Products are sold for private use and consumption and not for commercial resale. In addition to our right to limit the quantity or volume of Products which you may purchase, we may also seek from you (as a condition of sale) assurances satisfactory to us (in our sole discretion) that you are not purchasing Products for commercial resale. We will be entitled to refuse delivery of any Products if we have reasonable grounds for believing that any breach of this condition is likely to occur.
OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
We may not necessarily keep a copy of these Terms of Sale and your order. We advise you to print a copy of these for your information in the future. These Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract. The Contract and all communications between us will be conducted in English. The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of England and Wales. The English and Welsh courts will have an exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Sale or use of the website. The only exceptions shall be that consumers based in Scotland have the option of settling disputes in the Scottish courts and consumers based in Northern Ireland have the option of settling disputes in the Northern Irish courts. 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. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them. A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights. All notices given by you to us must be given in writing to the address set out at the beginning of these Terms of Sale. We may give you notice at either the email or postal address you provide to us when placing an order.