STANDARD TERMS AND CONDITIONS OF SALE FOR CUSTOMERS
ONLINE TERMS AND CONDITIONS
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information and must be read in conjunction with our normal terms and conditions.
GENERAL TERMS AND CONDITIONS
This site is owned and operated by WhiskyHaven Pte. Ltd. and its divisions, incorporated in Singapore with the registration number 201328803K. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at firstname.lastname@example.org or +65-6639-0936.
Supply and sale of goods by WhiskyHaven Pte. Ltd. is subject to the following terms and conditions ("Terms and Conditions"). The Customer accepts and agrees to be bound by these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions) shall be inapplicable unless agreed in writing.
In these Terms and Conditions:
"Company" means WhiskyHaven Pte. Ltd. trading as WhiskyHaven Pte. Ltd. with its registered office at 125 Arthur Road, 09-01 Arthur Mansions Singapore 439829.
"Customer" means any person or entity that is a member of the Company's website and /or purchases goods from the Company as specified on the Order Form/Invoice ("Invoice"). By registering and / or Ordering from the Company the Customer warrants and represents that he/she/they are of a legal drinking age in the jurisdictions of both the place from where the Order was placed and where the Order is intended to be delivered. For avoidance of doubt, in Singapore a person is considered of a legal drinking age if he/she is of an age of 18 years and older.
"Goods" means any brand of whisky or spirits sold to the Customer by the Company.
"Order" means the offer by the Customer to purchase a certain quantity of Goods from the Company at a price agreed by both the Customer and the Company.
"Confirmation" means the acceptance of the Order by the Company to sell and deliver the quantity of Goods at the price and on any of the terms agreed by both the Customer and the Company. The receipted Invoice from the Company signifies the acceptance of the Order pursuant to the Terms and Conditions.
2. OWNERSHIP OF RIGHTS
All rights, including copyright, in this website are owned by or licensed to the Company. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose
3. ACCURACY OF CONTENT
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
4.DAMAGE TO YOUR COMPUTER
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
i) All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
ii) The whisky search only shows whiskies that are currently in stock and available for dispatch.
iii) We do not currently sell casks on the website but if you have an enquiry you can contact us at email@example.com or +65-6639-0936.
6. ORDERING ERRORS
You are able to correct errors on your order up to the point on which you submit and pay for your order.
Prices set out in any brochure or in any of the literature of the Company are in Singapore Dollars unless specified otherwise ("Prices"). All Prices quoted by the Company are excluding delivery charges (and when the delivery address is out of Singapore, customs duty or value added tax ("VAT") / equivalent tax, if applicable) and are for reference only. On Confirmation of the Order, the Company will confirm the actual price payable from the date of the Confirmation or the issuance of the Invoice by the Company whichever is later ("Sale Price"). Orders can be confirmed online if made through the Company website or by e-mail if orders are placed by any mechanism other than the website.
For online sales, Payments are due immediately and shall be processed through Paypal. For non-online sales, Payment of Sale Price is due on receipt of the Invoice, and may be made by Cash-on-delivery or by cheque.
All payments due to us must be made without any deduction whether by way of set-off, counterclaim, abatement, discount or otherwise.
Until all sums (including delivery charges if applicable) due to the Company have been paid, the Company shall be entitled to retain possession of any Goods to which the Customer would otherwise be entitled.
If any payment is overdue i.e. 14 days or more from the date of Invoice the Company shall be entitled to cancel any outstanding Order and /or suspend deliveries or collections. Overdue sums carry interest from the date when payment becomes due at 5% per annum above the Best Lending Rate of DBS Bank in Singapore from time to time.
9. TITLE AND RISK
The Company shall retain title to all Goods sold by the Company until all the sums due from the Customer in respect of the Order have been paid. Risk in the Goods shall pass to the Customer as soon as they have been delivered to the place designated by the Customer or when the Company notifies the Customer that the Goods are available for collection.
Delivery arrangements can be made for the Order to be delivered anywhere within Singapore and Sentosa Island. Details of delivery charges are available on the website, time and availability of the Goods can be obtained from the Company. Alternatively, the Company will notify the Customer once the Goods are available for collection.
Deliveries to addresses with Singapore postcodes will be made within 3 working days from the day the order is placed, unless otherwise requested when you place your order. For all orders over S$400, the Company shall offer free delivery to one valid address in Singapore. All other Orders or additional addresses on Orders over S$400 shall be chargeable at S$20 per address.
Goods shall only be delivered to a person over the legal drinking age in the jurisdiction of Delivery. The Delivery person may ask for an ID proof in case of any doubts, and will under no circumstances deliver to an underage person. In such cases, delivery shall be rescheduled for a future date and an additional re-delivery and administrative fee of S$25 shall apply.
The Customer undertakes to inspect all Goods when collecting or immediately on delivery and to notify the Company or the carrier forthwith of any shortage or damage or other deficiency. The Customer will be deemed to have accepted the Goods as satisfying the Order upon collection, and thereafter will not be entitled to reject the Goods for any reasons.
12. CANCELLATION OF ORDER BY THE COMPANY
We reserve the right to cancel the contract between us if:
i) We have insufficient stock to deliver the goods you have ordered;
ii) We do not deliver to your area;
iii) One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
iv) If any payment due to the Company is overdue for fourteen (14) days, or more; or Goods have not been collected within fourteen (14) days of being available; or the Customer indicates to the Company that payment will not be made or the Goods will not be collected, the Company shall be entitled to send written notice to the invoice address indicating the Company's intention to deal with the Goods, sell or otherwise dispose of them. The Company shall be free to do so unless payment in full is received or the Goods are collected before the close of business on the seventh day from the date of the written notice mentioned in this paragraph. The resale method is at the sole discretion of the Company.
v) The proceeds of the resale will be applied to offset the amount due to the Company by the Customer from the original sale price confirmed. The Customer shall be responsible for the balance of the original Sale Price due to the Company after applying the proceeds of the resale ("Balance"). The Balance shall continue to incur interest at the rate mentioned in clause 3 above until the Balance and the interest have been fully settled by the Customer.
i) Goods ordered and fully paid for may be held by the Company for a maximum period of two (2) weeks free of charge if the Goods are physically held by the Company. After this two (2) week period the Company is entitled to charge the customer daily storage fees to be solely determined by the Company.
ii) The customer is solely responsible for arranging their own storage facility.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
i) To make good any shortage or non-delivery;
ii) To replace or repair any goods that are damaged or defective; or
iii) To refund to you the amount paid by you for the goods in question in whatever way we choose.
Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
The Company does not warrant:
i) the quality, drinkability, fitness for use or purpose or freedom from defect or deterioration of the Goods, either at the acquisition date or at the time of collection by the Customer;
ii) the market value or any appreciation in value of the Goods; or
iii) that the Goods comply with any description of the Goods in any marketing materials or packaging or the information on any label or that the Goods comply with any sample.
Further, the Company shall not in any circumstance be liable to any person accessing or using the Company's Website or to the Customer for any indirect or consequential loss or damage arising from wastage, spoilage or the deterioration of any Goods, the loss of market for reselling the Goods, decline in the value of any Goods or for the damages arising from or attributable to any cause.
15. FORCE MAJEURE
The Company shall not be liable for any failure to meet obligations occasioned by circumstances beyond its reasonable control.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 3 Greek Street, London W1D 4NX and all notices from us to you will be displayed on our website from time to time.
17. CHANGES TO LEGAL NOTICES
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
All contracts with the Customer are made pursuant to these Terms and Conditions and are made under the laws of the Republic of Singapore and are subject to the exclusive jurisdiction of the Republic of Singapore Courts.
If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable against both the Company and the Customer.
21. THIRD PARTY RIGHTS
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
22. CRIME PREVENTION
For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the Police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.