OUR TERMS

1. These terms

o    What these terms cover. These are the terms and conditions on which we supply products to you.

• 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, please contact us to discuss.

2. Information about us and how to contact us

o    Who we are. We are a family run business committed to providing first-rate customer service when it comes to your online shopping experience with Whisky.mt. You only see the shop but we are here to help and serve you.

• A hassle-free service – after you select the item, we take care of the rest.
• Our goal is to offer you the highest quality of service, service that we look for ourselves as customers. By great service we mean delivery to your door in a timely manner.

o    How to contact us. You can contact us by calling +35679841917 or send an email to info@whisky.mt .

o    How we may contact you. If we have to contact you, we will do so by telephone or by writing to the email address provided to us in your order.

o    “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3. Age restrictions

• In Malta it is illegal for:
• any person under the age of 17 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 17; and
• an adult to buy (or to attempt to buy) alcohol for any person under the age of 17.
• You may only purchase an alcoholic product from us if you are:
• at least 17 years old;
• not buying that product for any person or persons under the age of 17; and
• 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 promise 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.  If you breach this promise, we may end our contract with you and charge you reasonable compensation for the net costs which we incur. 

 

4. Products

• 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 an item’s display will accurately reflect the appearance of the product. Your product may vary slightly from those images.
• Product packaging may vary. The packaging of the product may vary from that shown in images on our website.  Whether a product will be delivered complete with a box or any other product-specific outer packaging will depend upon a number of factors.  Even a product which is pictured on our website with product-specific outer packaging may not be available with that packaging, as our suppliers do not always include product-specific outer packaging when delivering a product to us, and because the specifications of a product may change from time to time (in relation to which, see paragraph 5 below).  If you want to receive product-specific outer packaging together with any product which you order, please contact us before you place your order so that we can check whether that product is available with product-specific outer packaging.
• Tasting notes. Different people will have a different experience of the same product as tasting is a subjective process.  The tasting notes do not form part of the description of any product.
• 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.
• 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.
• Product prices. Prices indicated for our products can and will change from time to time. Also, prices online may not match pricing on our Facebook page for various reasons. For example, items may be promoted exclusively online, or on our Facebook page to place individual items on promotion to clear stock. See section 9 below for further conditions on price and payment.
   

5. Our contract with you

• How we will accept your order. When you place an order with us by email, we will send you an email to acknowledge the order.  Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We also accept order by phone, Whatsapp and by contacting our Facebook page.
• If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the product.
• Products available for “pre-order”. If you order a product which we intimate as being available for “pre-order” or any similar expression or concept, we will seek to secure that product and dispatch it to you on or before any indicated expected date of dispatch.  The actual availability of any such product and/or its date of dispatch is not guaranteed.  See paragraph 5.8  below for our responsibilities when this happens.
• Payment for “pre-order products”. We will take payment for the product as soon as you place an order, but we will not pay you any interest in respect of the period between the date on which you place an order and the date on which we confirm our acceptance of your order.  We will confirm our acceptance of your order by sending you an email that confirms that the products which you have ordered have been dispatched (Dispatch Confirmation).  The contract between us will only be formed when we email you the Dispatch Confirmation. 
• Cancellation of “pre-order products”. If you order a product which is highlighted as being available for “pre-order” or any similar expression or concept:
• If we subsequently discover that we are unable to supply you with that product for any reason, we will not send you a Dispatch Confirmation but will advise you of its non-availability and refund the amount paid by you promptly.
• Other products. If you order a product which is not highlighted as being available for “pre-order” or any similar expression or concept, we will confirm our acceptance of your order by sending you an email.  The contract between us will only be formed when we email you the Dispatch Confirmation. 
• If we are unable to supply you with a product for any reason, 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.
• If we enter into any communication with you in relation to any product that we consider may be available for purchase, we are not committed or bound to supply or procure any such product or until we have received full payment from you and have sent you a confirmation in respect thereof.

 

6. Your rights to make changes

If you wish to make a change to the product you have ordered before a Dispatch Confirmation is issued, please contact us as soon as possible.
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

• Delivery costs. Deliveries over EUR 50 to all localities in Malta are free. All deliveries to Gozo carry a EUR 5 courier fee.
• When we will provide the products. During the order process we will let you know when we will provide the products to you. In normal circumstances orders are delivered within the same week.
• 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.
• Collection by you. Collections are possible by appointment from our location in Mosta. Contact us for more information.
• Deliveries. We organise deliveries by contacting you a day in advance to ensure you are available to accept the delivery. We also notify you when the delivery is on the way.
• 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 or someone else on your behalf collects it from us. 
• When you own goods. You own a product which is goods once we have received payment in full for the product and all applicable delivery charges, value added taxes, import duties, administration charges and taxes which are payable by us.
• 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 must be communicated to us without delay. We may reject an order if you set a delivery deadline which we will not be able to meet.
• If you do not wish to cancel your order immediately, 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.

 

8. International delivery

• If you order a product for delivery to an International Delivery Destination, 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 the delivery agents.  Please note that we have no control over these charges, and we cannot predict their amount.
• The recipient will be responsible for payment of the import duties, taxes and charges referred to in paragraph 2 above. Please contact the customs office in the destination country for further information before placing your order.
• You must comply with all applicable laws and regulations of Malta, 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.
• If you elect to have the goods sent to you by general mail delivery or by any other courier or delivery provider, the goods will be your responsibility from the time we place them into the hands of the international delivery agent and in such an event the goods are dispatched and delivered to you entirely at your risk.

 

9. Price and payment

• 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 paragraph 4 for what happens if we discover an error in the price of the product you order.
• Delivery charges. The price of a product does not include delivery charges.  Delivery charges are explained during the check-out process.
• What happens if we have 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.
• When and how can you pay. We accept payment with the credit and debit cards listed on our check-out page.  Payment will be taken when order has been placed. We also accept Revolut and BOV payments before order is dispatched. Cash on delivery is also accepted.
• Validation. 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.  All information provided by you will be treated securely and in accordance with the terms of our Privacy Policy.

10. Your rights to end the contract – return and refund

• You have a legal right to cancel any contract with us during the period set out in paragraph 3 below. This means that if, during the relevant period, you change your mind, you can cancel the contract and receive a refund.
• Be aware that your right to cancel a contract if you change your mind does not apply in the case of a product which is sealed for health protection purposes which you unseal after you receive it.
• You must return a product to us without undue delay and in any event not later than 7 days after you receive the product

• To cancel order you can send email to info@whisky.mt or contact us on +356 79841917. 
• Please include your name and details of your order to help us to identify it.
• we will contact you to confirm we have received your cancellation; and
• your cancellation will be effective from the date you send us notice of cancellation.
• Except as set out below, if you cancel your contract because you have changed your mind we will:
• refund you the price you paid for the product.
• Issue refunds due to you as soon as items has been returned

• any refund which we make will be on the condition that you return the product to us and that we do actually receive the product back from you; and
• if the product is actually received by us:
• we will reduce (potentially to €zero) the value of that part of your refund which relates to the cost of the product (but not the part of the refund which relates to postage and packaging costs) to reflect any reduction in the value of the product, if this has been caused by your handling it in a way which would not be permitted in a shop (for example, if you unseal a product which is sealed for health protection purposes); and
• we will reduce (potentially to €zero) the value of that part of your refund which relates to the cost of the product (but not the part of the refund which relates to postage and packaging costs) to reflect any reduction in the value of the product which results from damage to the product which occurs when it is being returned to us.

• If we issue a refund and later discover that you have not returned the product to us, or that you have handled it in an unacceptable way or that it has been damaged by you or by your carrier when it is being returned to us, you must pay us an appropriate amount.  We will calculate that amount, acting reasonably, and will deduct it from the bank account which you used to pay for the product.  We may make the required deduction from your bank account in more than one payment.  You will be responsible for the cost of returning the product to us.
• If a product is faulty or has not been described accurately, or if we have delivered the wrong product, you can reject that product. If you wish to reject a product you must let us know that you are rejecting the product and return that product to us.  You can let us know that you are rejecting by sending us an email to info@whisky.mt or contact us on +35679841917. 
• If you are returning a product from a legal jurisdiction other than Malta, you will be solely responsible for all or any customs duties and tariffs applicable to the jurisdiction from which the goods in question are being returned.

 

11. If there is an issue with the product

• If you have any questions or complaints about the product, please contact us by calling +35679841917 or send an email to info@whisky.mt .

 

12.  Liability and Indemnity

•  We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website or through the Orderline, whether or not accepted by us).

13. Privacy and Communications

• When you place orders online or by telephone, we collect certain personal and transactional information (eg name, address, email address, credit/debit card details) from you. For details on how we use this information, please read our Privacy policy.
• To fulfill our obligations to you under these Terms and Conditions, we communicate with you by email and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.

14. General

• We may change these Terms and Conditions at any time. If any of these terms and conditions is invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
• We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
• If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach.

 

15. Governing Law

• These terms and conditions are governed by and construed in accordance with the laws of Malta and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.