THE FOLLOWING TERMS AND CONDITIONS APPLY TO USERS, VIEWERS AND ALL PEOPLE WHO HAVE ACCESS TO www.BarrelClubMidletonDistillery.com (THIS “SITE”). BY USING OR VIEWING THIS SITE, YOUR AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS SITE. ANY ACCESS OR USE OF THIS WEBSITE IS UNDERTAKEN AT THE USER’S OWN RISK.
This site is operated by Irish Distillers International Limited, a private company registered in Ireland with company number 15558 and having its registered office at Simmonscourt House, Simmonscourt Road, Ballsbridge, Dublin 4, Ireland and its affiliates ("IDIL" or "We"). Please contact hello@BarrelClubMidletonDistillery.com with any questions regarding membership of the Barrel Club Midleton Distillery or concerns you might have in relation to this site or these Terms and Conditions.
YOU MUST BE OF LEGAL DRINKING AGE IN YOUR COUNTRY OF RESIDENCE TO PLACE ANY ORDER ON THIS SITE. IF YOU ARE NOT, DO NOT ATTEMPT TO PLACE AN ORDER. VERIFICATION OF YOUR AGE (OR THE AGE OF THE RECIPIENT, IF DIFFERENT) WILL BE SOUGHT ON DELIVERY OF ANY ORDER AND WE RESERVE THE RIGHT NOT TO COMPLETE A DELIVERY IF THE RECEIPIENT’S AGE CANNOT BE SUFFICIENTLY VERIFIED. YOU MUST COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF YOUR COUNTRY OF RESIDENCE AND, IF DIFFERENT, THE COUNTRY FOR WHICH THE PRODUCTS ARE DESTINED. WE WILL NOT BE LIABLE FOR ANY BREACH BY YOU OF ANY SUCH LAWS.
Access to this Site is permitted on a temporary basis and we reserve the right to withdraw, suspend or amend the services we provide on the Site without notice. This Site changes and is updated regularly and IDIL will not be liable if for any reason the Site or any materials on it are unavailable at any time or for any period. Material from this Site may not be modified, copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of IDIL. IDIL is the owner or licensee of all intellectual property rights in the Site and in material published on it. All such rights are reserved. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of IDIL. Material on this Site is provided for lawful purposes only.
RESTRICTION OF LIABILITY. To the extent permitted by law, under no circumstances shall IDIL be liable for any loss or damages whatsoever (including, but not limited to direct, incidental, consequential, or indirect loss, including lost profits, loss of income or revenue, loss of goodwill, business interruption or loss of data or information or special or punitive damages, even if IDIL was notified in advance of the potential of such loss or damages), harm, or injury howsoever arising, and whether caused by tort, breach of contract or otherwise, that relate to, arise out of, or result from the use of, or access to, or the inability to use the Site, any of the materials of this Site or sites linked to this Site, or are caused by any failure of performance, error, omission, interruption, defect, delay in operational transmission, computer virus or line failure. Nothing in these Terms and Conditions excludes IDIL's liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any liability which cannot be excluded or limited under applicable law.
THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, IDIL DISCLAIMS ALL LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IDIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IDIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY REGARDING USE OF OR RELIANCE UPON INFORMATION CONTAINED IN THIS SITE IN TERMS OF ITS ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT IDIL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
By placing an order through our Site, you warrant that you (and the recipient, if different) are of legal drinking age in your country of residence and are legally capable of entering into binding contracts and that the recipient (if different) is of legal drinking age in his/her country of residence. You also warrant that you will at all times comply with all applicable laws and regulations of your country of residence and, if different, the country for which the products are destined. Use of the Site is for personal and non-commercial use only and by placing an order you warrant that you are acting as a consumer.
The prices and products displayed on our Site are an invitation to treat only. An order to purchase the goods from the Site is an offer by you to purchase the goods indicated in your order form. We are not obliged to accept your order. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation email.
Our Site changes regularly and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide a product to you at an incorrect lower price, even after we have sent you a dispatch confirmation email, if the pricing error is obvious and could have reasonably been recognised by you as a mis-pricing. Unless otherwise stated all prices are inclusive of Valued Added Tax (VAT) and delivery charges, which will be quoted before you conclude an order.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched. The agreement between us will only be formed when we send you an email confirmation of dispatch. The agreement will relate only to those products whose dispatch we have confirmed and we will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation email.
The use of this website and purchase of Barrel Club Midleton Distillery Membership and other goods and services through this website is conditional upon your acceptance of these terms and conditions.
Some products and services available on our website are sold by a network of independent vendors, retailers, manufacturers and other licensed parties (vendors) that we rely upon, while others are produced at Midleton Distillery. Each product or service listed on Barrel Club Midleton Distillery website is not an offer to purchase such product or service but an invitation to make an offer. You acknowledge and agree that Barrel Club Midleton Distillery does not sell, offer to sell, invite to sell, or solicit any offers. In all instances, all sales are advertised, solicited, offered, accepted, made and delivered by vendors who receive all orders. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third-party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party.
By placing an order through our site, you confirm that:
- You're legally capable of entering into binding contracts;
- You and the recipient (in case Barrel Club Midleton Distillery is your gift to someone) are at least 18 years old and of legal minimum age for purchasing alcohol in your country of residence.
A person is only allowed to have one account registered with Barrel Club Midleton Distillery. Multiple accounts will be deleted.
You grant us an irrevocable non-exclusive license to use for any purpose any content you post on our website or otherwise communicated to us via any media.
If you access our site and services outside EU, we advise you to check it with your local authority before using any of our services. It is on your own initiative and it is your responsibility to be in compliance with all local laws and regulations, if and to the extent they are applicable.
By placing an order, you represent that you authorize us to act on your behalf to engage a common carrier to deliver your order where you want it delivered. Barrel Club Midleton Distillery and our affiliates make no representation as to the right of any person to import any product into any country or state. Local taxes and excise duties that might apply are your responsibility.
SAFE SHOPPING AT BARREL CLUB MIDLETON DISTILLERY
Barrel Club Midleton Distillery has endeavoured to make shopping at barrelclubmidletondistillery.com as secure as possible by the means of our secure server which encrypts all your personal information including credit or debit card numbers and your name and address. Whilst every attempt has been made to ensure that unauthorised third parties will not obtain your card details, Barrel Club Midleton Distillery cannot accept liability where your details have been obtained by an unauthorised third party due to circumstances beyond the control of Barrel Club Midleton Distillery or errors made by users of the Barrel Club Midleton Distillery website in forwarding the information to us.
All pictures shown are for illustrative purposes only. Actual products may vary in, for example, edition or batch. For further information, see our Refund Policy.
OUR RIGHT TO CANCEL ORDERS
We reserve the right to cancel orders at our discretion and at any stage of the order fulfilment process. We will provide a reason and you will be notified of our actions via email within a reasonable period of time, but usually as soon as possible. We'll refund any money received from you to the method of payment originally used unless agreed otherwise (i.e. store credit).
We may cancel orders that we suspect were placed using incorrect information, misuse of store credit and promo codes, and other forms of fraud. If that is the case with your order, a Customer Support representative may contact you first by email and give you a reasonable amount of time to respond to our concerns. Another reason for us to cancel your order is if it cannot be fulfilled due to unavailability even 2 months after it was made. Other possible reasons would include pricing and inventory errors (we rely on the diligence of our fulfilment partners to keep the store up to date). It does not happen often, but just in case, and for these kinds of cases, we don't take any responsibility for damages caused due to longer fulfilment times or inability to deliver items.
Product pages of goods on sale are subject to change (i.e. prices, availability, and general product information such as edition or batch). We reserve the right to cancel an order whenever there is a discrepancy, in product description or price, between the website and the item available for fulfilment.
In case we need to cancel your order, the refund will be normally processed immediately but no later than 30 days from cancelation. The funds will be returned to the original payment method.
By submitting any remarks, suggestions, questions, ideas, creative concepts, graphics, or other information (collectively the "Submission"), you agree to grant IDIL a non-exclusive licence to use that Submission. Although you will still own the copyright in your Submission, IDIL will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Submission. This licence will be free of charge, perpetual and capable of sub-licence. IDIL will not be required to treat the Submission as confidential and will not be liable for any use whatsoever or disclosure of the Submission and need not provide any compensation or acknowledgement for the Submission. IDIL may exercise all copyright and publicity rights in the material contained in your Submission in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. You must ensure that your Submission does not infringe any copyright, database right, trade mark or other intellectual property right of any other person and that it does not contain any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct or would tend to encourage or promote irresponsible alcohol consumption (collectively the "Inappropriate Material"). By submitting your Submission, you are warranting that you have the right to grant IDIL the non-exclusive copyright licence described above and that it does not contain any Inappropriate Material. If you are not in a position to grant such a licence or to warrant that it does not contain Inappropriate Material, please do not submit the Submission. IDIL reserves the right to alter or amend any Submission prior to publication (if any) so that any Inappropriate Material is deleted.
While we endeavour to ensure that the website is normally available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
VISITOR MATERIAL AND CONDUCT
- that's threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licenses and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the service on which the Site is stored and/or hosted, or any server, computer or database connected to the Site. You must not attack this site via a denial-of-service attack or a distributed denial-of-service attack or by any like means. IDIL will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or any website linked to it.
In case of any violation of these Terms and Conditions or any fraudulent behaviour (including but not limited to creating multiple accounts and misuse of our referral system), we reserve the right to cancel or terminate any members account. We shall also fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of these terms and conditions.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.
We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
Our liability for losses you suffer as a result of us any violation of this agreement including deliberate breaches is strictly limited to the purchase price of the membership you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability
- under consumer or data protection legislation
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
SUSPENSION AND TERMINATION
We will determine, with discretion, whether there has been a breach of these terms and conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
If you believe any content posted by another user is in breach of these terms or in any other way infringes your rights, you can send us a formal notice (a “moderation notice”):
A moderation notice should be sent either:
- by post: to our current registered office, marked for the attention of “The Legal Department”; or
- by email: to hello@BarrelClubMidletonDistillery.com
The moderation notice should include details of:
- the date, time and listing of the comment(s)/content concerned;
- the action that you wish us to take in respect of the comment(s)/content; and
- the basis on which the action requested is requested (e.g. alleging it to be defamatory, abusive or otherwise in breach of these terms).
On receipt of the moderation notice, we shall, in most circumstances:
- immediately suspend the comment(s)/content concerned;
- commence an investigation into it/them; and
- contact the user(s) concerned:
with a copy of your moderation notice;
- giving them an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your moderation notice, and requesting that they respond to us within 21 days.
- If we do not receive a response from the user(s) within 21 days, we will permanently delete the relevant comment(s)/content.
- Once we have received a response from the user(s), we will take a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.
- Once we have taken our decision, we will notify you and the user(s) concerned as soon as possible. When notifying you of the decision, we will attach a copy of the user(s)' representations (if any), redacted to protect their identity.
- For the purposes of openness and fairness, we will send copies of all relevant correspondence addressed to it to all parties, again redacted where appropriate to protect the user(s)' identity.
OUR RIGHT TO VARY TERMS AND CONDITIONS
We may revise these terms and conditions at any time by amending this page for any reason, including but not limited to reflecting changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
All trademarks and all related logos, designs, labels, bottle designs and all other intellectual property associated with Barrel Club Midleton Distillery’s products and brands used herein are owned by Irish Distillers International Ltd. - a list of those trademarks can be obtained from the Internet Manager, Irish Distillers International Ltd. Simmonscourt House, Simmonscourt Road, Ballsbridge, Dublin 4, Ireland. The use or misuse of these trademarks or any content of this Site, except as provided above, is strictly prohibited. All other trademarks are the property of the respective trademark owners.
INFORMATION ABOUT YOU AND YOUR VISIT TO THE SITE
Products and promotions of IDIL are produced and available in many parts of the world. However, this Site may describe products, promotions or contests that are not available in your country or state of domicile. This Site may be linked with other sites and IDIL is not responsible for the content of those sites. The inclusion of any link to any other site is provided for information purposes only and does not imply endorsement by IDIL of the sites and IDIL does not make any representation or warranties about any such sites. Failure by IDIL to enforce any right under these Terms and Conditions or any part of them shall not constitute a waiver of such a right or part of these Terms and Conditions. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity of any remaining provisions. IDIL can revise these Terms and Conditions or the content of the Site at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
LAW AND JURISDICTION
This agreement and any dispute arising out of it will be governed by and construed in accordance with the laws of Ireland. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ireland.