Terms & Conditions – Faer Isles Distillery



Terms & Conditions

Terms & Conditions

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Terms & Conditions

GENERAL TERMS OF SERVICE

This website is owned and operated by Faer Isles Distillery P/F, FO-350 Vestmanna, Faroe Islands, VAT number FO00644986. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at sales@faer.fo or +298 779000.

Throughout the site, the terms “we”, “us” and “our” refer to Faer Isles Distillery P/F. Faer Isles Distillery P/F offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is a hosted solution based on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you automatically by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Faer Isles Distillery P/F. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute, or repost anything on this website for any purpose.

4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

Faer Isles Distillery P/F reserves the right to amend these terms and conditions at any time.

5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6. Availability
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

7. Ordering errors
You are able to correct errors on your order up to the final point during the ordering process.

8. Price
The prices payable for goods that you order are as set out on our website and are correct at the time of entering information.

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

10. Delivery charges
Delivery charges vary according to the type of goods ordered.

11. Delivery
11.1 Our delivery charges are set out in the product details of our online shop in our website.

11.2 You will in some cases be required to pay extra for delivery and it might not be possible for us to deliver to some locations.

11.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery, but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date or offer you a full refund.

11.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.


12. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier, then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.


13. Cancellation rights
13.1 Should you wish to cancel your order please notify us in writing by any durable medium (for example letter sent by post e-mail).

13.2 You cannot cancel your contract if the goods you have ordered are bespoke (i.e., made to order).

13.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you, and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

13.4 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

13.5 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or opening the goods prior to cancellation)


14. Cancellation by us
14.1 We reserve the right not to process your order if:

14.1.1 We have insufficient stock to deliver the goods you have ordered;

14.1.2 We do not deliver to your area; or

14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical or other error.

14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.


15. If there is a problem with the goods
15.1 If you have any questions or complaints about the goods, please contact us. You can do so at +298 779000, or sales@faer.fo

15.2 If you wish to exercise your legal rights to reject goods which do not conform with the Act 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 cost of postage or collection.


16. Liability
16.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do or is due to events which are beyond our reasonable control.

16.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues, or business interruption.

16.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

16.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g., under the Act) relating to faulty and/or misdescribed goods.


17. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Faer Isles Distillery P/F, Fjarðavegur 3, FO-350 Vestmanna, Faroe Islands, and all notices from us to you will be displayed on our website from time to time.


18. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.


19. Law, jurisdiction and language
This website, any content contained therein, and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Faroese law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of the Faroe Islands. All contracts are concluded in English.


20. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.


21. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.


22. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.


TOUR BOOKING TERMS AND CONDITIONS

1. Ticket holders must arrive at Faer Isles Distillery at least 5 minutes prior to the time stated on your tour booking confirmation email. Should you miss your allocated time, entry cannot be guaranteed.

2. Your booking reference must be produced as proof of booking on the day of the visit. Payments for tickets are non-refundable and non-transferable.

3. If you wish to change any of the booking dates or times, we will use our best endeavours to accommodate you, but we cannot guarantee that it will be possible. Change requests must be made no later than 24 hours prior to the event. No-shows will be charged full payment.

4. If you are struggling to make your chosen tour time, please let us know as early as possible. Bookings may only be changed at the discretion of Faer Isles Distillery.

5. Any tickets purchased in advance are not valid in conjunction with any other voucher, promotion, special offer or package.

6. No ticket may be resold. If Faer Isles Distillery reasonably believes that a ticket has been resold, the holder may be refused entry to the Faer Isles Distillery without payment of compensation.

7. Prices may be subject to change; however, all pre-booked tickets will be honoured at the rate applied at the time of purchase.

8. Anyone under the age of 18 must be accompanied by someone over the age of 18.

9. Children under the age of 8 are welcome in the visitor centre but are not permitted inside production areas of the distillery.

10. In accordance with Faroese Law smoking is strictly prohibited on the premises. It is also prohibited to bring food and drinks not purchase on premise. Food and drinks can only be consumed in the bar/visitor centre and must not be taken into the production or storage areas. 

11. Pets and animals are prohibited except for guide dogs.

12. As a licensed premise, Faer Isles Distillery retains the right at its discretion to refuse entry.

13. Visitors at our bonded warehouse in Kvívík must adhere to the rules and regulations that apply there, as announced on signs on site and instructed by the tour guide and/or Faer Isles Distillery staff.

14. Faer Isles Distillery will endeavour to ensure that the tour experience is open for use by visitors. However, Faer Isles Distillery reserves the right, in its discretion, for safety, maintenance or otherwise to close any part of the experience with or without prior notice. In the event of such closure Faer Isles Distillery will issue visitors with a full refund for their ticket, but otherwise shall have no liability whatever, including no liability for travel or out of pocket expenses in respect of closure or cancellation.


FAER ISLES DISTILLERY CASK SALE TERMS AND CONDITIONS

1 Definitions and Interpretation
1.1 In this document, the following words and terms shall have the following meanings:

“Brand” means any and all intellectual property rights subsisting in or pertaining to Product and any name, logos, packaging, design and/or any aspect of the get-up, look and feel of the Product in whatever form we may apply from time to time;

“Cask” and “Cask Share” has the meaning set out in Clause 3.1;

“Contract” means the contract, comprising the signed Order Confirmation and these Terms, entered into between you and us for the supply of Product;

“Order Confirmation” and “Confirmation” means the confirmation to which these terms are appended that confirms our acceptance of your Order;

“Maturation Period” means the maturation period as stated in the Confirmation;

“Order” means the order for Product details of which are contained in the Confirmation;

“Price” means the reserve price for the Product as set out in the Confirmation excluding any costs of delivery, overheads, packing, loading, carriage, customisation and all taxes and duties of any kind;

“Product” means the new make whisky spirit Product identified in the Confirmation which shall for the avoidance of doubt only include the actual liquid stocks and not any casks or containers in which we may store the Product from time to time;

“Terms” means these “FAER ISLES DISTILLERY CASK SALE TERMS AND CONDITIONS”;

“us” or “we” means Faer Isles Distillery, a trading name of Faer Isles Distillery P/F, a company incorporated in the Faroe Islands with company VAT number FO00644986 and registered office at Fjarðarvegur 3, FO-350 Vestmanna and “our” shall be interpreted accordingly.

“you” or “Cask Owner” means the buyer or person to whom the Confirmation is addressed and “your” shall be interpreted accordingly. “Cask Share Owner” means the buyer of a Cask Share

1.2 Unless the context requires a different interpretation, the following rules shall be used to interpret these Terms: (a) the word “including” means “including but not only”; (b) a reference to a “Clause” is to the relevant Clause of these Terms, unless otherwise stated; (c) the headings in these Terms do not affect the meaning of the Clauses.

1.3 In the event of any conflict or inconsistency between them, the terms of these Terms will take precedence over any other terms purported to apply to the Contract and shall take precedence over any terms set out in any ordering of other document purported by you to apply.

1.4 Any references to any Faroese legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court official or any legal concept or thing shall in respect of any jurisdiction other than the Faroe Islands be deemed to include what most nearly approximates in that jurisdiction to the Faroese legal term.

2 Terms of Sale
2.1 We agree to sell and you agree to buy the Product for the Price on the terms set out herein.

2.2 We do not enter into contracts for the sale or supply of Product on terms other than these Terms.

2.3 Any commercial resale of the Product requires approval from Faer Isles Distillery P/F of how Faer Isles Distillery is mentioned on the bottle label and/or marketing material.


3 Our Responsibilities
3.1 On receipt by us of your payment in full, we will fill a cask (of the Cask Type and Cask Size as set out the Confirmation, but subject to availability) with Product from the next available batch of Product, and a certificate of ownership will be produced in your name (your “Cask”). Where the selected Cask Type is unavailable, we will contact you to confirm other available Cask Types and agree with you the type to be used. If we are unable to contact you, despite using reasonable endeavours to do so, we will select a suitable alternative and advise you of the same. “Cask Share” means a share of a Cask, the size of which is as per signed Order Confirmation.

3.2 We will fill your Cask to capacity at between 62-64% alcohol by volume.

3.3 We will retain your Cask on our site or such other place we deem appropriate for the cask Maturation Period of the Product.

3.4 We shall insure the Products on the same terms and on the same basis as other like products and stock.

3.5 You acknowledge and agree that at no time will you obtain any rights in the cask itself and that all right, title and risk in the Cask itself shall remain ours. In the event of complete or substantial loss of or damage to your Cask, we shall endeavour to offer you a replacement of the nearest available cask in terms of type, product, and distillation date.

3.6 You acknowledge and agree that your Cask must remain in our warehouse for its entire Maturation Period, and its contents must be bottled by us. You may not ask for it to be bottled until after our own first release of a bottled Faer Isles single malt whisky.

3.7 Following your request and subject to clause 3.6, we will use the contents of your Cask to fill bottles and for this purpose we will, in the absence of any written agreement entered into with you to the contrary, use such Faer Isles Distillery dry goods and materials that are in use and available to us at the time of bottling. We will endeavour to accommodate any reasonable and legally compliant requests which you may make in respect of customisation of the bottle, packaging, and labelling, and, in the absence of any prior written agreement entered into with you which provides otherwise, we will (as between us) own any intellectual property rights in any such customisation and the production thereof. You acknowledge and agree that where we do so agree to accommodate requests for such customisation that we will be entitled to charge you for the same.

3.7b As a Cask share owner, meaning an owner of only a share of a Cask, you do not have the same range of choices as customers owning a full cask. You are not eligible to select a second maturation on a different Cask than the original Cask; bottling date is decided by Faer Isles Distillery; bottling and labeling is also a standard bottle and label – special requests can be made but are subject to availability and added cost.

3.8 For Cask Owners the Maturation Period is a minimum of 5 years and a maximum of 10 years. The cost of insurance and of guarding and preserving the Cask and Product during the Maturation Period (rent) is included in the price (Order) as a separate service.

3.9 After bottling, you will be liable for Faroese duty and VAT at the prevailing rate unless you can arrange for shipping to a bonded warehouse either within or outside of the Faroe Islands or export, whereupon you will be liable for duty to in the country of import. You must settle all duty and VAT amounts, and, unless we have separately agreed to provide duty paid warehousing facilities for you, arrange for the shipping of your bottles within two weeks of bottling.


4 Your rights and responsibilities
4.1 Once your cask has been paid for, and it has been filled, you will be entitled to visit your Cask by appointment subject to the current terms and conditions. If you wish to obtain a sample of your Cask, we may at our discretion, following a request from you permit this and will do so subject to payment by you of delivery charges, postage, packing, taxes, duties and a reasonable administrative charge to be advised by us.

4.2 You acknowledge and agree that there will be a loss of both alcohol and volume while the Product matures in your Cask. Whisky maturation on the Faroe Islands is new and therefore the extent of this loss is unknown and can fluctuate. But comparing the climate to similar environments, we anticipate that this may amount to around 2% loss per year (called “Angels’ Share”), plus around 5% loss in the first year, as the cask takes an “indrink” (called “Devil’s Cut).

4.3 You warrant and represent to us that you have complied, are complying and will comply with current regulations applicable to a contract of this nature, including that you are a private customer who is purchasing the product for private, non-commercial use. If you are a commercial buyer, you are obligated to inform us upon purchase, and a separate contract must be made before you can use the Product for commercial purpose.

4.4 You acknowledge and agree that it is your responsibility to familiarise yourself with and thereafter comply with the requirements of Faroese Tax Authority as regards the purchase of the Product from us.

4.5 You acknowledge and agree that the ‘Approximate Filling’ levels contained in the Confirmation are a guideline only, that each cask will have a slightly different capacity and that we cannot guarantee any minimum amounts of fillings. The content of each cask is measured in volume and strength and then weighed.

4.6 Nothing in the Contract will grant you any rights in or licence to the Brand or any of our intellectual property rights.

4.7 You must inform us of any change of name, address, and other contact details, and if you wish to transfer ownership of your Cask, you must seek our prior written agreement to the same and the new owner must agree to abide by these Terms.


5 Title and risk
5.1 Risk in the Product shall pass to you at the point of collection by you or your nominated representative or carrier from us.

5.2 Ownership in the Product shall not pass to you until all amounts owing to us in respect of the Product has been paid to us in full.


6 Price and payment
6.1 On receipt of your Order, we shall issue you with an invoice, and Confirmation, for the reserve Price of your preorder (an “Invoice”). At the time of bottling, VAT and/or other duties may be charged by local authorities and payable thereon.

6.2 You agree that you shall pay amounts owing under the Invoice within the period set out in the Confirmation and you acknowledge that all payments should be received prior to filling the Cask. If you have not paid the balance due on the Invoice within the period required, we shall be entitled to treat your Order as rescinded, and our confirmation of that Order as set out in the Confirmation as cancelled and we shall have no further responsibility to you under the Contract.

6.3 The Price includes all insurance and storage charges for the Maturation Period (which for the avoidance of doubt shall start on the filling date of the Cask), and you will be notified of the prevailing rates should you wish us to hold your Cask beyond this period. We may agree in writing with you to extend the Maturation Period and you will be liable for any additional insurance or storage charges in respect of this.

6.4 We retain the right to bottle the Product after the Maturation Period and you will be liable for all charges in respect of the bottling.

6.5 If, despite our reasonable efforts, we are unable to contact you after the Maturation Period, because you have not complied with clause 4.7, we shall be entitled to end the Contract with you. In this case title to the Product will revert to us and all payments will be offset against any additional insurance and storage charges.


7 Liability
7.1 Nothing in the Contract shall exclude the liability of either party for death or personal injury resulting from negligence, fraud, fraudulent misrepresentation, or any other liability which may not be excluded by applicable law.

7.2 Subject to Clause 7.1 and save as otherwise provided in these Terms, we shall not be liable for: (a) loss of profits; (b) loss of business; (c) depletion of goodwill or similar losses;
(d) loss of anticipated savings; (e) loss of use; (f) loss or corruption of data or information; or
(g) any form of indirect, special, or consequential loss whatsoever or howsoever caused.

7.3 Subject to Clauses 7.1 and 7.2, our entire liability under or in connection the Contract shall be limited to an amount equivalent to the Price.


8 Miscellaneous
8.1 Any notice to be made under or in connection with the Contract shall be made in English in writing and by letter to the address for the relevant party as set out in the Letter or in the case of letters to you to the last known address which we have on record for you.

8.2 We shall not be liable for any delay in performing our obligations under the Contract where such delay is caused by circumstances beyond our reasonable control.

8.3 You may not assign, sub-contract or otherwise transfer any rights or obligations under the Contract without our prior written consent.

8.4 The Contract does not create a partnership or joint venture between the parties to it, nor authorise either party to act as agent for the other.

8.5 No amendment of the Contract will be effective unless it is in writing signed by us.

8.6 If any provision (or part of a provision) of these Terms should be found to be invalid, unlawful or unenforceable by a court having proper authority, or if the law changes so that it becomes invalid, unlawful or not enforceable to any extent, then this Clause will apply and the provision (or part affected) will be treated as having been deleted from the remaining Terms which will remain in full force and effect.

8.7 We will not be treated as having: (a) waived a right or remedy arising under the Contract or otherwise in law; and/or (b) elected to abandon a right or remedy arising under the Contract or otherwise in law; and/or (c) where applicable, thereby affirmed the Contract; except if and to the extent that it has expressly documented such waiver or election (and any resultant affirmation) in writing signed and delivered to you.

8.8 The Contract constitutes the entire agreement between you and us in relation to its subject matter and supersedes any prior arrangement, understanding or agreement between them in relation thereto and sets forth the full extent of our obligations and liabilities in respect of the Product.

8.9 This Contract binds you and us and is for your and our benefit and your and our respective heirs, executors, administrators, legal representatives, successors and permitted assigns.

8.10 To the fullest extent permitted by applicable law, we hereby exclude any conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, as being binding on us except as specifically stated in these Terms and any condition, warranty or other term concerning the Product which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.

8.11 You acknowledge that in entering the Contract, you have not relied on any statement, representation, warranty, undertaking or other assurance given or made by any person (whether a party to the Contract or not) other than as expressly set out or referred to in the Contract. You hereby waive all rights and remedies howsoever arising which, but for this Clause, might otherwise be available to it in respect of any such representation, warranty, undertaking or other assurance.

8.12 Nothing in these Terms is intended to or will be construed as limiting or excluding any liability for fraud or fraudulent misrepresentation.


9 Governing law and Jurisdiction
The Contract (and any non-contractual disputes or claims) is governed by the laws of the Faroe Islands and the parties agree that the Faroese courts will have the exclusive authority to settle any dispute arising out of or in connection with the Contract (and any non-contractual disputes or claims)