SINCE1887 TERMS AND CONDITIONS
Any use by you of this website at https://www.since1887.sg (the “Website”) is conditional upon your acceptance of these Terms and Conditions, including our Privacy & Cookies Notice (“Terms”).
The Terms apply to users, viewers and all people who access this Website. This Website is operated by William Grant & Sons Singapore Pte Ltd.
Please read these Terms carefully before using the Website. Using the Website indicates that you accept these Terms. If you do not accept these Terms, do not use the Website.
TO ACCESS THE WEBSITE YOU MUST BE OF LEGAL DRINKING AGE IN THE COUNTRY WHERE YOU ARE VIEWING THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE.
All references to "our", "us", "we" or "Company" within this policy and within the opt-in notice are deemed to refer to William Grant & Sons Singapore Pte Ltd, its subsidiaries, affiliates and associates.
- You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
- The Company may revise these Terms at any time by updating this posting.
- It is your responsibility periodically to review this page for updates to these Terms, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms, including our Privacy & Cookies Notice.
- Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation trademarks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licensed by the Company.
- Without limitation, the trademarks and all related logos, labels, bottle designs and all other intellectual property associated with the William Grant, Glenfiddich, Hendricks Gin, Monkey Shoulder, Balvenie, Tullamore D.E.W., Drambuie, Milagro brands (and any other brands expressly or implicitly indicated as such by the Company) are owned by the Company.
- Without prejudice to clause 4 of these Terms, any other product names and images used in this Website are for identification purposes only. All trademarks and registered trademarks included in such product names and images are the property of their respective owners.
- Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.
- Any rights not expressly granted in these Terms are reserved.
SERVICE ACCESS & ACCEPTABLE USE
- The Company 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 or permanently without notice.
- Without prejudice to Clause 9, the Company reserves the right to suspend, terminate or restrict access to the Website if these Terms are breached.
- You shall keep any passwords and usernames allocated to you confidential and the Company reserves the right to suspend or terminate the username and password if the Company suspects non-compliance by you with these Terms.
- You may use the Website only for lawful purposes. You may not use the Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent effect; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam; or to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware.
- Other than personally identifiable information, which is covered under our Privacy & Cookies Notice, where you are invited to submit any contribution to this Website (including without limitation any text, graphics, video or audio) you grant the Company a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt publish, translate, create derivative works from, distribute, perform, play, communicate to the public and exercise all copyright and publicity rights with respect to any such work and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in the Company’s Privacy & Cookies Notice. If you do not wish to grant such rights to the Company, you should not submit your contribution to this Website.
- By submitting your content to this Website, you also warrant that such contribution is your own original work and that you have the right to make it available to the Company for all the purposes specified above; and agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.
- You agree not to submit any contribution that is not original to you or otherwise infringes the rights of, or that restricts or inhibits the use and enjoyment of this Website by, any third party. Your use and submission must not be unlawful, nor may it harass or cause distress or inconvenience to any person and will not contain obscene or offensive content or disrupt the normal flow of dialogue within this Website.
- You will not, nor will you encourage any other party, to make any statement or introduce any contribution which includes: swearing and/or unacceptable, indecent, defamatory, threatening, violent or discriminatory (based on race, religion, sex, sexual orientation, national origin, age or physical or mental disability) language; discussions that encourage, promote or provide information about illegal or criminal activities (including but not limited to pornography, explosives, weapons, violence, drugs, programming viruses, computer hacking and copyright infringement); posting of addresses for other web sites or content that infringes any third party's intellectual property rights; exchanging telephone numbers or home addresses, the harassment of other users of the site (either privately or in a public forum), or the impersonation of our staff, celebrities or any other characters; actions that would disrupt or impair the functioning, stability or security of the site (including but not limited to the introduction of viruses, bugs, worms, Trojan horses or any other form of contaminants); advertisements, promotions, unsolicited approaches, or any other use of the site for unauthorized commercial purposes; and any derogatory remarks about the Company or the Website.
- You agree to indemnify the Company against all legal fees, damages and other expenses that may be incurred by the Company as a result of a breach or suspected breach by you of any of the Terms or the rights of any third party or any violation by you of any law.
- Although we ask all Website users to adhere to these Terms, you acknowledge that other users may submit material that you consider offensive or objectionable. The Company assumes no responsibility or liability for the individual user content submitted to the Website and such submissions do not represent the views of the Company.
- In contributing to our Website you agree to grant us a royalty-free, non-exclusive licence to publish and otherwise use the material in any way that we want, and in any media worldwide.
Any competitions or promotions mentioned on the Website will be subject to their respective conditions of entry. Please refer to the relevant conditions of entry and other terms before participating in such competitions or promotions.
TERMS OF SALE
- If you place an order for products made available for sale through this Website (“Purchased Products”), you are deemed to have entered into a contract with us to purchase the Purchased Products. Paragraphs 20 to 30 of these Terms govern our relationship with you in relation to your purchase. By buying the Purchased Products from this Website, you are deemed to have accepted these Terms of Sale.
- To purchase the Purchased Products and have your order fulfilled by us, you must be over 18 and a resident of Singapore. You agree that we have the right to refuse to deliver the Purchased Product(s) due to any breach of these Terms, such as in the event that a request for proof of legal drinking age is not met.
- Orders for the Purchased Products can be submitted as follows: Once you are ready to make a purchase, you will check out of your shopping cart. You will be asked to include your payment details on the Website, which will then be processed on a secure server. Your order information will be passed to us including your mailing address (“Order”). It is your responsibility to ensure that your Order is correct before submitting it to us. All orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept your Order in which case you will receive a full refund within 14 working days. If we are able to fulfil your order and obtain confirmation that payment has been processed, we will accept your Order by sending an email to you ("Order Confirmation Email") confirming the delivery details for the Purchased Product(s) to your indicated delivery address We will not hold any of your payment details. The contract (“Contract”) between us is formed when we send the Order Confirmation Email to you. You should check the Order Confirmation Email for accuracy and let us know by email immediately if there are any errors. In case of any errors or problems with your Order, you can send your enquiries via Chat.
- We or our logistics service providers will fulfil all Orders placed through the process set out in paragraph 22 provided always that delivery shall only be fulfilled within Singapore.
- We reserve our right to change our prices for the Purchased Products at any time before the Contract is formed. The prices for the Purchased Product(s) indicated on the Website and at checkout include all applicable local taxes and duties, in respect of the Purchased Product(s) but excludes the delivery costs which will be automatically added to the total amount due when you view your items in your shopping cart. All payments must be made at the time of order of the Purchased Product(s) by you. The Purchased Products will not be delivered until we receive payment in full. Payment for all Product(s) must be by credit or debit card. If we are unable to accept your order for any reason then we will, at our option, either reject your debit or credit card or refund any money paid by you in respect of that order.
- We shall not be responsible for any handling, processing or other fees that may be chargeable by your card issuer to you. We reserve the right to cancel the transaction and to terminate the agreement if the card issuer refuses to, or does not for any reason authorise or validate the payment, in which event we will not be liable for any delay or non-delivery in respect of the Purchased Product(s).
- Ownership and risk of the Purchased Product(s) will pass to you on delivery.
- We will take reasonable steps to meet the delivery date indicated in the Confirmation Email. But any dates in the Confirmation Email for delivery of the Purchased Products are approximate only. We are not liable for any failure or delay in delivery of the Purchased Product(s) due to product shortages, delays by our logistics service providers or other circumstances beyond our control. Should the Purchased Product(s) be returned to us due to non-delivery your Order can be refunded (minus the delivery charge) or we can arrange for re-deliver subject to a redelivery charge.
- Subject to any specific warranties those implied by law, we do not offer any warranty or guarantee on the Purchased Product(s).
- At the point of delivery, if you believe that any of the Purchased Products are defective, you will inform us (with photographic evidence of the defective products) and give us full opportunity to inspect and test the Purchased Product(s).
- A product exchange or refund will only be provided for products which are damaged or faulty upon receipt. We only accept claims for breakages or shortages where stated on courier’s documentation, with photographic evidence on damages during transit.
- Where a replacement item is not available, you will be reimbursed for the full cost of the item and any shipping costs. No additional compensation will be paid.
- If we agree that the Purchased Product(s) are defective due to the materials or methods of manufacture or due to how they were stored in containers supplied by us, our sole liability will be to either refund you or replace the damaged Purchased Product(s) provided always that we may at our option request for you to return the defective or damaged Purchased Product(s) to us in the same condition in which you receive them. Where you paid for the Product(s) by a credit or debit card, refunds will be made by re-crediting your bank account from which the money was originally debited.
- The Purchased Products are otherwise sold without any guarantees or representations and all warranties or conditions to the contrary, statutory or otherwise and expressed or implied are expressly excluded except that this shall not exclude the Seller’s implied undertakings as to title pursuant to applicable laws.
- These Terms (and in particular paragraphs 20 to 30) represent the entire agreement between us in relation to the subject matter of the Contract.
LINKS TO 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. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does 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.
RESTRICTION ON LIABILITY
- While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. To the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions, and other terms (including, without limitation, the conditions implied by law).
- Subject to paragraphs 28 and 35, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with (i) the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website; or (ii) the purchase and use of the Purchased Products.
- Nothing in these Terms shall limit the Company’s liability for: death or personal injury caused by the negligence of the Company, its directors, agents, officers or representatives; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by applicable law.
- If any provision of these Terms is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms which shall remain unaffected. No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.
- A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.
- These Terms shall be governed by and construed in accordance with the laws of Singapore. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Singapore courts although the Company retains the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.