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Terms And Conditions

Prices

All prices are in GBP and all orders are charged in GBP. The website has the functionality to display approximate prices in other currencies but please note that prices shown other than in GBP are always for illustrative purposes only and may differ from the actual amount charged to you by PayPal or your card company. The order total – the amount you will actually be charged – will be displayed in GBP before you place your order.

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Retail Terms and Conditions
Trade Terms and Conditions

RETAIL CONDITIONS OF SALE

This page (together with our Terms of Website Use, Website Acceptable Use Policy and Privacy Policy) provides information about us and the legal terms and conditions (the Terms) on which we sell any product (a Product) listed on our website (our website) to you, a consumer.

We use the expression a Product on this page to refer to all of the products which you buy from us in any given order, whether you are buying a single product or multiple products.

References in these Terms to the Other Website Terms are to our Terms of Website Use, Website Acceptable Use Policy and Privacy Policy, a link to which is set out above. Please take the time to read these, as they include important terms which apply to you.

These Terms will apply to every contract between us for the sale of a Product to you (a Contract), whether that Contract is finalised using our website, over the telephone, through e-mail or other written correspondence or otherwise, and wherever in the world you reside and/or place the order.

There are specific terms which apply to customers located outside of the European Union. These specific terms are set out in paragraph 13. If you are located outside of the European Union, please read these additional terms carefully.

Please read these Terms carefully and make sure that you understand them before you place an order for any Product. Please note that when you place an order using our website you will be asked to agree to these Terms and to the Other Website Terms. If you refuse to accept these Terms and the Other Website Terms, you will not be able to order any Product from our website.

We amend these Terms from time to time as set out in paragraph 5 below. Every time you wish to order a Product, please check these Terms to ensure you understand the Terms which will apply at that time.

The Terms on which we sell a Product to you were most recently updated on 28th May 2015, when we adopted these Terms in substitution for our previous retail conditions of sale.

  1. Information about us
  2. 1.1 We operate the website www.masterofmalt.com. We are Atom Supplies Limited, a company registered in England and Wales under company number 3193057 having its registered office at North House, 198 High Street, Tonbridge, Kent TN9 1BE. Our main trading address is 8a London Road, Tunbridge Wells, Kent TN1 1DA. We are registered for VAT and our VAT number is GB 662241553.
    1.2 Contacting us:
    1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in paragraph 6 below, you just need to let us know that you have decided to cancel.
    1.2.2 You can let us know that you have decided to cancel a Contract in lots of different ways, including by completing and submitting the cancellation form on our website. Our dispatch confirmation will have a cancellation form attached to it. You can also e-mail us at contactus@masterofmalt.com, send us a tweet or contact our Customer Services humans using any of the other methods set out here. Whatever method of cancellation you use:

    1. please include your name and details of your order to help us to identify it;
    2. we will contact you to confirm we have received your cancellation; and
    3. your cancellation will be effective from the date you send us notice of cancellation.

    1.2.3 If you wish to contact us for any other reason, including because you have a complaint, you can contact our Customer Services humans using the methods set out here.
    1.2.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

  3. The Products
  4. 2.1 The images of each Product on our website are for illustration purposes only. Although we have made reasonable efforts to display the appearance of each Product accurately, we cannot guarantee that your computer's display will accurately reflect the appearance of that Product. In addition, the labels applied to each Product are (and the packaging of each Product is) subject to change from time to time. The Product which we deliver to you may vary slightly from those images.
    2.2 The tasting notes on our website are written by our own tasting team, however whisky tasting is entirely subjective and different people will have a different experience of the same product. The tasting notes do not form part of the description of any Product.
    2.3 All sizes, weights, capacities, dimensions and measurements indicated on our website have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006), and varies from Product to Product and from one size, weight, capacity, dimension or measurement to the next.

  5. Age restrictions
  6. 3.1 In the UK it is illegal for:

    1. any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18; and
    2. an adult to buy (or to attempt to buy) alcohol for any person under the age of 18.

    3.2 You may only purchase an alcoholic Product from us if you are:
    3.2.1 at least 18 years old;
    3.2.2 not buying that Product for any person or persons under the age of 18; and
    3.2.3 of legal age to purchase alcohol both in the country where you place the order and the destination country.

    You must check with the local authorities in the country where you place the order and the destination country to ensure that you will not be breaking any law or regulation by ordering alcohol from us. By placing an order to purchase a Product, you undertake to us that it is lawful for you to order the relevant Product in the country where you place the order and for the recipient to receive the relevant Product in the destination country.

  7. How the Contract is formed between you and us
  8. 4.1 The pages of our website will guide you through the steps you need to take in order to place an order with us using our website. Our website order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the order process. If you place an order for a Product over the telephone, through e-mail or other written correspondence or otherwise, our Customer Services humans will guide you through the process.
    4.2 We do not accept any responsibility for delayed or failed delivery of a Product which results from your failure to provide correct address information. If a Product is returned to us because you fail to provide correct address information, we reserve the right to require that you pay additional postage costs (and import duties and taxes, if applicable) before we re-deliver the Product.
    4.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 4.4.
    4.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products which you have ordered have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
    4.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our website as referred to in paragraph 9 below, we will inform you promptly and will not process your order. If you have already paid for the Product which you have ordered, we will refund you the full amount (including any delivery costs charged) promptly.

  9. Our right to vary these Terms
  10. 5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
    5.2 Every time you order a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us.
    5.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
    5.3.1 changes in relevant laws and regulatory requirements; and
    5.3.2 changes in the way that we do business.

  11. Your right of return and refund
  12. 6.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out in paragraph 6.3 below. This means that if, during the relevant period, you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can cancel the Contract and receive a refund. You also have a right to return a Product and to receive a full or partial refund in circumstances where the Google Certified Shops Programme determines that you should receive a refund. Advice about your legal right to cancel the Contract is available (in the United Kingdom) from your local Citizens' Advice Bureau or Trading Standards office.
    6.2 Be aware that your right to cancel a Contract does not apply in the case of:
    6.2.1 a sealed Product which you unseal after you receive it; or
    6.2.2 a Product which is damaged by you (or by the carrier which you engaged to return them to us) such that it is no longer in a saleable condition.
    6.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we contact you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

    Your Contract End of the cancellation period
    Your Contract is for a single Product or for multiple Products which are dispatched in a single box The end date is the end of 14 days after the day on which you receive the Product(s).
    For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product(s) on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
    Your Contract is for multiple Products which are delivered on separate days The end date is 14 days after the day on which you receive the last to be delivered of the Products ordered.
    For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the last Product on 15 January you may cancel in respect of any (or all) of the Products at any time between 1 January and the end of the day on 29 January.

    6.4 You can let us know that you have decided to cancel a Contract in lots of different ways, including by completing and submitting the cancellation form on our website. Our dispatch confirmation will have a cancellation form attached to it. You can also e-mail us at contactus@masterofmalt.com, send us a tweet or contact our Customer Services humans using any of the other methods set out here. Whatever method of cancellation you use:

    1. please include your name and details of your order to help us to identify it;
    2. we will contact you to confirm we have received your cancellation; and
    3. your cancellation will be effective from the date you send us notice of cancellation.

    6.5 If you cancel your Contract we will:
    6.5.1 refund you the price you paid for the Product. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
    6.5.2 refund any postage and packaging costs which you paid in connection with the delivery of the Product to you. However, please note that we are permitted by law to refund only the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we are required to only refund what you would have paid for the cheapest delivery option; and
    6.5.3 make any refunds due to you promptly and in any event within the deadlines indicated below:

    1. if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the Product back to us. For information about how to return a Product to us, see paragraph 6.8 below; and
    2. if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.

    6.6 If you have returned the Product to us under this paragraph 6 because it is faulty or because it has not been described accurately or because we have delivered the wrong Product, we will refund the price of the Product in full and the delivery charges which you actually paid to have the Product delivered to you and any reasonable costs you incur in returning the Product to us.
    6.7 We will refund you using the same method which you used to pay.
    6.8 If a Product has been delivered to you before you decide to cancel your Contract or is delivered to you after you have cancelled your Contract:
    6.8.1 you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send the Product back to us at
    Master of Malt Returns, The Printworks, Baldwins Lane, Tunbridge Wells, Kent TN2 3DH; and
    6.8.2 unless the Product is faulty, not as described or the wrong Product was delivered (in which case, see paragraph 6.6 above), you will be responsible for the cost of returning the Product to us. Whilst we are under no obligation to do so, if we have offered to collect the Product from you and you have accepted that offer, we will charge you the direct cost to us of collection.

    Remember that you do not have the right to cancel a Contract in the circumstances set out in paragraph 6.2 above and that your right to a refund may be reduced by us in accordance with paragraph 6.5.1 above.

    6.9 As you are a consumer (that is to say that you enter this contract otherwise than in the course of your trade or business), we are under a legal duty to supply a Product that is in conformity with this Contract. As a consumer, you have legal rights in relation to a Product that is faulty or not as described. These legal rights are not affected by your right of return and refund in this paragraph 6 or anything else in these Terms. Advice about your legal rights is available (in the United Kingdom) from your local Citizens' Advice Bureau or Trading Standards office.

  13. Delivery
  14. 7.1 We will give you an estimated delivery date with the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See paragraph 12 below for our responsibilities when this happens.
    7.2 If no one is available at your address to take delivery and you give us no other instructions at the time of placing your order, our carriers will usually:

    1. leave your parcel in a safe place;
    2. leave your parcel with a neighbour; or
    3. leave you a note which informs you that they have attempted to deliver the Product (if this happens, please contact the carrier to rearrange delivery).

    If you have any specific delivery instructions, you should give them when you place your order for a Product.


    7.3 Delivery of an order shall be completed when:

    1. our carrier delivers the Product using one of the methods referred to in paragraph 7.2 above or in accordance with your specific instructions (when you have given them); or
    2. you (or someone else on your behalf) collects the Product from us,

    and the Product will be your responsibility from that time.

    7.4 You own the Products once we have received payment in full, including all applicable delivery charges, value added taxes and import duties and taxes which are payable by us.
    7.5 If we agree a delivery deadline with you in respect of any Product and we miss that deadline, then you may cancel your order if either of the following apply:
    7.5.1 we have refused to deliver the Product; or
    7.5.2 you told us before we accepted your order that delivery within the delivery deadline was essential,

    and your cancellation of the order must be communicated to us without delay.

    7.6 If you do not wish to cancel your order immediately, or do not have the right to do so under paragraph 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
    7.7 If you have the right to cancel your order for late delivery under paragraphs 7.5 or 7.6 above, you can do so for just one Product or, if you have ordered more than one Product, all of the Products which are the subject of your order. If the Product has been delivered to you, you will have to return it to us, and we will pay the costs of this.

  15. International delivery
  16. 8.1 We deliver to the countries listed on this page (International Delivery Destinations). However, please note that there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering any Product.
    8.2 If you order a Product for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. There may also be administration charges imposed by foreign customs authorities or by our delivery agents. Please note that we have no control over these charges and we cannot predict their amount.
    8.3 You will be responsible for payment of the import duties, taxes and charges referred to in paragraph 8.2 above. Please contact your local customs office for further information before placing your order.
    8.4 You must comply with all applicable laws and regulations of the United Kingdom, of the country from which the order is placed and of the country for which the Product is destined. We will not be liable or responsible if you break any such law.

  17. Price of a Product and delivery charges
  18. 9.1 The price of each Product which you order will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the price of each Product is correct at all times. Please see paragraph 9.4 below for an explanation of what happens if we discover an error in the price of a Product which you have ordered.
    9.2 The price for each Product will change from time to time, but changes will not affect any order you have already placed.
    9.3 The price of a Product does not include delivery charges. Our delivery charges are explained to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
    9.4 Our website contains a vast number of Products, and more are being added every day. It is always possible that, despite our efforts, a Product on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
    9.4.1 where the Product's correct price is less than the price stated on our website, we will charge the lower amount when dispatching the Product to you; and
    9.4.2 if the Product's correct price is higher than the price stated on our site, we will contact you promptly to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not proceed to issue a despatch confirmation until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

    Please note that we do not have to sell a Product to you where a pricing error is obvious and could reasonably have been recognised by you as a mistake.

  19. How to pay
  20. 10.1 You can pay for a Product using any of the payment methods listed at the payment stage of the checkout process.
    10.2 Payment for the Product and all applicable delivery charges is in advance. We reserve the right to terminate a Contract immediately if payment using the card details which you provide fails.
    10.3 To help to ensure that your credit or debit card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms 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). This is done only to confirm your identity. A credit check is not performed and your credit rating will be unaffected. All information provided by you will be treated securely and in accordance with the terms of our Privacy Policy, which is set out here.

  21. Our liability to you
  22. 11.1 If we fail to comply with these Terms or we act negligently, we are responsible for any loss or damage which you suffer and which is a foreseeable result of our breach of these Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
    11.2 We only supply a Product for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    11.3 We do not in any way exclude or limit our liability for:
    11.3.1 death or personal injury caused by our negligence;
    11.3.2 fraud or fraudulent misrepresentation;
    11.3.3 any breach of the terms implied by sections 12 to 15 (inclusive) of the Sale of Goods Act 1979 (relating to ownership, quality, fitness for purpose and sales by samples); or
    11.3.4 defective products under the Consumer Protection Act 1987.

  23. Events outside our control
  24. 12.1 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 12.2 below.
    12.2 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.
    12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
    12.3.1 we will contact you as soon as reasonably possible to notify you; and
    12.3.2 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.
    12.4 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.
    12.5 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, terminate the Contract and notify you in writing.
    12.6 We reserve the right to cancel an order, terminate 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 to law.

  25. Terms for non-EU customers only
  26. This paragraph applies only if you are located outside of the European Union.

    13.1 Except as set out below, the legal terms and conditions set out these Terms apply to non-EU customers.
    13.2 Subject to paragraph 13.4, if a non-EU customer wishes to cancel his or her Contract we will refund the price paid for the Product itself, reduced to reflect any reduction in the value of the goods if this has been caused by the customer (or his or her carrier) handling them in a way which would not be permitted in a shop. If we refund the price paid before we are able to inspect the goods and later discover they have been handled in an unacceptable way (either by the customer or his or her carrier), the customer must pay us an appropriate amount. We are not able to refund:

    1. any postage or packaging costs which the non-EU customer paid in connection with the delivery of the Product to him or her, or the return of that Product to us; or
    2. any import duties and taxes incurred in connection with the delivery or return of the Product.

    13.3 We shall make refunds to non-EU customers promptly using the same method used to pay.
    13.4 If a non-EU customer has returned the Product to us under this paragraph 13 because it is faulty or because it has not been described accurately or because we have delivered the wrong Product, we will refund that customer the price of the Product in full and the delivery charges which the customer actually paid to have the Product delivered and any reasonable costs incurred in returning the Product to us.

  27. Other important terms
  28. 14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of these Terms by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach of these Terms by you.
    14.6 These Terms are governed by English law. This means that a Contract for the purchase of a Product and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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ATOM Supplies Ltd trading as Master of Malt. Registered office: North House, 198 High Street, Tonbridge, TN9 1BE. Registered in England & Wales. Company number 3193057, VAT number GB 662241553.