Terms and conditions
1.1.What these terms cover. These are the terms and conditions on which we supply products to you.
1.2.Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3.Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4.If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.Information about us and how to contact us
2.1.Who we are. We are Tenth Muse Spirits Ltd a company registered in Scotland. Our company registration number is SC548158 and our registered office is at Bonnington House, Wilkieston, Kirknewton, Edinburgh, Scotland, EH27 8BB. Our registered VAT number is 370277594.
2.2.How to contact us. You can contact us by writing to us at email@example.com or to our registered office.
2.3.How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4."Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
In the UK it is illegal for:
any person under the age of 18 to buy (or attempt to buy) alcohol for themselves for any other person under the age of 18; and
an adult to buy (or attempt to buy) alcohol for any person under the age of 18.
You may purchase alcoholic products from us if you are:
at least 18 years old;
not buying that product for any person or person under the age of 18; and
of legal age to purchase alcohol both in the country where you place your order and the destination country of your order.
By placing an order to purchase a product, you must ensure it is lawful for you to order the relevant product. If you breach this condition, we may end our contact with you and charge you reasonable costs which we incur as a result.
4.Our contract with you
4.1.How we will accept your order. When you place an order with us, you will receive an email acknowledging your order. Our acceptance of your order will take place when we email you to accept it and confirm that the relevant product has been dispatched to the address provided by you, at which point a contract will come into existence between you and us.
4.2.If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.
4.3.Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.1.Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2.Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5.3.Measurements. 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.
5.4.Changes to products. We may change a product from time to time to reflect changes in applicable laws and regulatory requirements or in order to implement minor technical adjustments and improvements. We do not anticipate that these changes will materially affect your use or enjoyment of the product.
6.Your rights to make changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7.Providing the products
7.1.Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2.When we will provide the products. During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery date when your order is accepted.
7.3.We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4.Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our opening hours as displayed on our website.
7.5.If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our nominated courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6.If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.7.When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.8.When you own goods. You own a product which is goods once we have received payment in full including all applicable delivery charges, value added taxes, import duties, administration charges and taxes.
7.9.Delivery deadline. 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:
we have refused to deliver the product; or
you told us before we accepted your order that delivery within the delivery deadline was essential, and your cancellation of the order is communicated to us without delay. We may reject an order if you set a delivery deadline which we are not able to meet.
8.Your rights to end the contract
8.1.You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.5 OR clause 8.6].
8.2.Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to;
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
you have a legal right to end the contract because of something we have done wrong.
8.3.Exercising your right to change your mind if you are a consumer (The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.
8.4.How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receives the goods.
8.5.Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund.
8.6.Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
9.How to end the contract with us
9.1.Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2.Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Bonnington House Steadings, Near Wilkieston, Edinburgh, EH27 8BY or (if they are not suitable for posting) allow us to collect them from you. Please email us at email@example.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3.When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
if you are a consumer exercising your right to change your mind.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4.What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see https://xmusevodka.com/products/x-muse-scottish-barley-vodka
9.5.How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. Please include a copy of the order paperwork which you receive from us, or a note of the order number, when you return the product to allows us to identify your order.
9.6.When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) 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. See our Returns page https://xmusevodka.com/pages/delivery-and-returns for information about what handling is acceptable and examples. 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.
The maximum refund for delivery costs will be 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 will only refund what you would have paid for the cheaper delivery option.
9.7.When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.If there is a problem with the product
10.1How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org or post to Bonnington House Steadings, Near Wilkieston, Edinburgh, EH27 8BY.
Your rights in respect of defective products if you are a consumer
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract.
10.3Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at email@example.com for a return label or to arrange collection.
11Your rights in respect of defective products if you are a business
If you are a business customer we warrant that on delivery, and for a period of 7 days from the date of delivery (warranty period),] any products which are goods shall:
conform in all material respects with their description;
be free from material defects;
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
be fit for any purpose held out by us.
Subject to clause 11.3, if:
you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 11.1;
we are given a reasonable opportunity of examining such product; and
you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
We will not be liable for a product's failure to comply with the warranty in clause 11.1 if:
you make any further use of such product after giving a notice in accordance with clause 11.2(a);
the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
you alter or repair the product without our written consent; or
the defect arises as a result of fair wear and tear, wilful damage, or negligence.
Except as provided in this clause 11, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 11.1.
These terms shall apply to any repaired or replacement products supplied by us under clause 11.2.
12.Price and payment
12.1.Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the product you order.
12.2.We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3.Delivery charges. The price of a product does not include delivery charges. Delivery charges are explained when you make an order.
12.4.What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we are unable to contact you using the contact details you have provided during the ordering process, we will treat the order as cancelled and notify you in writing.
12.5.When you must pay and how you must pay. We accept payment with the credit or debits cards listed on our check-out page.
12.7.Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Our responsibility for loss or damage suffered by you if you are a consumer
13.1.We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2.Product Warnings. Some products contain warnings about the way in which they are to be used, and by whom they are to be used. We are not responsible for any loss or damage which is caused as a result of you ignoring any such warnings which are reasonably obvious upon examination of the product.
13.3.We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987
13.4.We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. You agree not to use the product for any commercial, business or resale purpose and we have no liability to you for any loss of profit, loss of business or loss of business opportunity. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
14.Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in clause 11.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 14.1:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.
15.How we may use your personal information
15.1.How we will use your personal information. We will only use your personal information as set out in our https://xmusevodka.com/pages/privacy-policy.
16.Other important terms
16.1.We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2.You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3.Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4.If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5.Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6.Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts.
16.7.Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.