Founders' Club Terms and Conditions
Any imagery, or content on this site remain the property of the Kingsbarns Company of Distillers Limited (Kingsbarns Distillery) and any reproduction should happen only with the consent of Kingsbarns Distillery.
We can only sell alcohol products to those aged 18 and over. By placing an order, you confirm that you are at least 18 years of age.
We accept payment online by Debit Card, Visa, Mastercard, Delta, American Express & Maestro. Please telephone +44 1333 451300 for further details.
All payment transactions on our site are performed using a secure server with 128 bit SSL encryption. Transactions are made on our behalf by Sagepay and Barclays.
When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally.
These pieces of information are used to improve services for you through, for example:
‣ Enabling a service to recognise your device so you don't have to give the same information several times during one task
‣ Recognising that you may already have given a username and password so you don't need to do it for every web page requested
‣ Measuring how many people are using services, so they can be made easier to use and there's enough capacity to ensure they are fast
To ensure that your credit, debit or charge card is not being used without your consent and you are over the age of 18, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions, you consent to such checks being made.
In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Should a Member die or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation the Supplier shall continue to supply the Whisky to the Delivery Location, but shall recognise instructions in connection with the Contract (including but not limited to any amendment to a Delivery Location) only from the personal representatives, or those persons duly authorised to act on behalf of, the Member.
From time to time, and at its discretion, the Supplier may publish special offers available to Members in connection with various of its products on the Members section of the Supplier’s website (the “Site”) Membersare required to set up an account on the Site with a Username and Password so that they can be contacted by the Supplier.
These terms and conditions are governed by and shall be construed in accordance with Scottish law, any claim brought against these conditions shall be subject to the exclusive jurisdiction of the Scottish law.
Kingsbarns Distillery is the trading name of The Kingsbarns Company of Distillers Ltd.
Registered Office: 4 Melville Crescent, Edinburgh, EH3 7JA
Company Registration No.: SC359078
VAT No.: GB 859567460
LIMITATION OF LIABILITY
1 If the Supplier fails to comply with these Conditions, it will be responsible for loss or damage suffered by the Member that is a foreseeable result of its breach of the Conditions or the Supplier’s negligence, but the Supplier is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Supplier’s breach or if they were contemplated by both the Member and the Supplier at the time of entry into this Contract.
2 The Supplier supplies the Whisky for domestic and private use. The Member agrees not to use the Whisky for any commercial, business or re-sale purpose.
3 The Supplier has no liability to the Member for any consequential loss, any indirect loss or for loss of profit, loss of business, business interruption, or loss of business opportunity.
4 The Supplier does not exclude or limit in any way its liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors, fraud or fraudulent misrepresentation, breach of the terms implied by sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 and defective products under the Consumer Protection Act 1987.
5 Subject to clause 4 the Supplier's total liability to the Member in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Membership Price.
HOW WE MAY USE YOUR PERSONAL INFORMATION
The Supplier will use the personal information provided to it to provide the Whisky to the Member and perform its obligations under the Contract, process the payment of the Membership Price and inform the Member about similar products or services that the Supplier provides, but the Member may choose to stop receiving these at any time by contacting the Supplier stating that he no longer wishes to receive such communications. The Supplier will not give the Member’s personal data to any other third party without the Member’s prior written consent.
1 Assignment and subcontracting. The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Member may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
2 Notices. The Supplier is a company registered in Scotland with company registration number SC359078 with its registered office being at 4 Melville Crescent, Edinburgh EH3 7JA. If a Member has any questions or complaints, he should contact theSupplier by telephoning on 01333-451-300 or by e-mail at “Info@kingsbarnsdistillery.com”. If a Memberwishes to contact the Supplier in writing, or if any clause in these Conditions requires a Member to give theSupplier notice in writing, this should be sent to the Supplier by e mail, by hand, or by pre-paid post usingthe Supplier’s contact details above. The Supplier will confirm receip of this by contacting the Member inwriting. If the Supplier has to contact a Member or give a Member notice in writing, it will do so by e-mail, byhand, or by pre-paid post to the address provided to the Supplier in the Order.
3 Severance. If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
4 Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
5 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
6 Variation. Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Supplier.
7 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with Scottish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Scotland.