LAST UPDATED: May 12, 2023
TERMS OF SALE
By placing and paying for your order through the Laphroaig.com website (https://www.laphroaig.com/en/contact-us) you have entered into a contract with BSQ UK Limited (1 Chamberlain Square CS, Birmingham, UK B3 3AX) for the supply of whiskey and whiskey-related products (collectively the 'Product(s)'). It is important that you read these terms of sale (the "Terms of Sale") carefully before ordering any Products through the Website, as they govern our relationship with you in relation to your purchase. Please understand that if you do not accept these Terms of Sale, you will not be able to order any Product(s) through the Website. You may have other rights which are granted to you by mandatory law. These terms of sale only affect the rights mentioned if there are any contradictions.
WHO CAN PURCHASE FROM US?
In order to purchase products and have your order fulfilled by us, you must be 18 years of age or the age of majority in your jurisdiction. We can only deliver products to addresses within Germany, Netherlands, Sweden, Austria, Japan, Switzerland, Australia, Taiwan, Norway, Singapore, Israel, France, United States (merchandise only). Age verification required on delivery: This product is not intended for sale to persons under the legal drinking age. A valid photo ID with date of birth may be required upon delivery to confirm recipient is over the legal age.
HOW YOUR CONTRACT WITH US IS FORMED
Orders are transmitted via the website in the following way: Once you are ready to make a purchase, proceed to checkout with your shopping cart. The website asks for your payment details, which are processed on a secure server. After your payment has been processed, your order details including your postal address will be forwarded to us. We do not store any of your payment details. You are responsible for verifying the accuracy of your order before submitting it to us. If you have any problems with your order, you should contact us via email at https://www.laphroaig.com/en/contact-us. Our Customer Service Team will respond to you directly via email.
We will send you a confirmatory email to acknowledge that your order has been successfully placed with information on the product that you have selected (“Confirmatory Email”). On receipt of your order, we will check to make sure we are able to fulfill your order. Where we accept your order, we will confirm such order by sending you a second email ("Dispatch Email") confirming your order and dispatch of the Product(s) to the delivery address you have requested. This is sent out automatically by us to the email address you register with. By sending you the Dispatch Email and thereby confirming and accepting your order, the contract (“Contract”) between us is formed. You should check both the Confirmatory Email and Dispatch Email for accuracy and let us know by email immediately if there are any errors. If there are any problems with your order which we wish to query, you will be contacted by a representative from BSQ UK Limited.
PRICE AND PAYMENT
Prices and delivery costs are liable to change at any time, but changes will not affect orders which have already been confirmed in the Dispatch Email. Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your order we will contact you and ask if you wish to proceed at the correct price. The prices for the Product(s) indicated on the Website and at checkout include all local taxes and duty, which may be payable in respect of the 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 basket. All payments must be made at the time of order of the Product(s) by you. Payment for all Product(s) must be by credit or debit card or via PayPal. 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 will not dispatch the Product(s) until we receive payment in full. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. For payment by card, all credit and debit cardholders may be subject to authorization and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorize or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
DELIVERY, TITLE AND RISK
Deliveries within Germany can take approximately 3-5 business days. International delivery times can vary, with some deliveries taking 3-4 weeks. We apologize in advance for any inconvenience. When your order is on the way, you will receive a notification from us, as well as a tracking number with which you can track your order. If you have any further questions please contact our Customer Service Team at https://www.laphroaig.com/en/contact-us.
At this time, we can only deliver products to addresses within Germany, Netherlands, Sweden, Austria, Japan, Switzerland, Australia, Taiwan, Norway, Singapore, Israel, France, United States (merchandise only).
Title and risk of the product(s) pass to you upon delivery.
Orders with delivery outside the European Union are shipped free of Excise Tax and VAT. By placing an order with delivery outside the European Union, you agree to the payment of local taxes leveraged by the country of destination.
DAMAGED OR DEFECTIVE PRODUCT(S)
Except for specific statutory warranties, we offer no guarantee or warranty for our products. You should inspect the product(s) for defects or damage upon receipt. If you discover a defect or damage, you must notify us as soon as possible. Please note that you must provide us with photographic evidence of the damaged goods. Without photographic proof of damage, we cannot pursue any claims you may have. If you can prove that the goods are damaged or defective, we will either refund you or replace the damaged goods. We reserve the right to ask you to return the product(s) to our customer service center free of charge. Should you prefer a replacement of the Product(s), we will accommodate your request free of charge if reasonably practicable. If we ask you to return the product(s) to us, we will reimburse you for the cost of returning the item. Nothing in this section affects your statutory rights.
We are a reseller and all obligations and responsibilities in respect of the Product(s) for returns, breakages and late delivery rest with us. All free items are subject to availability and are subject to change without notification. All pictures shown are for illustration purposes only.
LIMITATION OF LIABILITY
These Terms of Sale do not exclude our liability (if any) to you. However, the following applies:
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by BSQ UK Limited, its legal representatives or vicarious agents. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, remains unaffected. In the event of a slightly negligent breach of these contractual obligations, BSQ UK Limited is only liable for the foreseeable damage that is typical for the contract, provided that the customer is not entitled to claim damages from injury to life.
(2) Paragraph 1 also applies in favor of BlackSquare's legal representatives and vicarious agents if claims are asserted directly against them.
(3) The provisions of the Product Liability Act remain unaffected.
Subject to this, in no event shall we be liable to you for any loss of business. Our liability to you will only be for reasonable losses you suffer as a result of our breach of these Terms of Sale. Our liability for reasonable losses you suffer as a result of our breach of these Terms of Sale is strictly limited to the purchase price of the Products you have purchased and any losses that are a foreseeable consequence of our breach of these Terms of Sale. Losses are foreseeable if they could be contemplated by you and us at the time we accept your order. We are not responsible for delays or failure to perform our contractual obligations, which arises for reasons beyond our reasonable control, for example: acts of God, governmental measures, war, fire, flood, explosion or civil commotion, failure of information technology or telecommunications services, failure of a third party (including failure to deliver data) and strike. Please note that nothing in these Terms of Sale affects your statutory rights.
YOUR RIGHT TO CANCEL
If you are not satisfied with your product, you may request a return from our Customer Service Team at https://www.laphroaig.com/en/contact-us within 14 days of receiving your order. You will be refunded for the value of the original order once the product is received in the same condition it was shipped in. Please note, personalised orders (e.g., engraved products) are final sale and cannot be returned or cancelled once the order has been shipped.
You must return defective products to us, upon request, in the same condition in which you received them, within 14 days of the date of notification. If you have not returned the product(s) within 14 days of withdrawal or provided photographic evidence of the damaged goods at our request, we will withhold the refund until we have received the product(s) or we have photographic evidence or the damaged goods. The first event that occurs is relevant. Should your item be returned to us due to it being unable to be delivered, your order (less shipping costs) may be refunded. Alternatively, we can arrange for a redelivery, but you will have to pay a re-delivery fee.
You must ensure that you take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have the right to deduct the cost of depreciation, up to the price of the product, from any refund to which you are otherwise entitled. All refunds will be processed by us within a reasonable time of receipt of the product(s). If you paid for the product(s) using a credit or debit card, the refund will be in the form of a credit to the bank account from which the money was originally withdrawn.
For deliveries outside of the EU, local returns and refunds legislation shall prevail.
OUR RIGHT TO REFUSE DELIVERY
We reserve the right to refuse delivery of the products you have ordered if profanity, including but not limited to indecent, offensive, hateful, inflammatory or sexually explicit comments, is used.
We may in our sole discretion limit or restrict the quantity or volume of any Product(s) which you purchase from us whether in one transaction or in any series of transactions over any specific time period. We will let you know, prior to you finalising your purchase, if any Product(s) are subject to restrictions on the quantity or volume you may purchase.
Products are sold for private use and consumption and not for commercial resale. In addition to our right to limit the quantity or volume of Products which you may purchase, we may also seek from you (as a condition of sale) assurances satisfactory to us (in our sole discretion) that you are not purchasing Products for commercial resale. We will be entitled to refuse delivery of any Products if we have reasonable grounds for believing that any breach of this condition is likely to occur.
OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
We may not keep a copy of these Terms of Sale and your order. We therefore recommend that you print out a copy for your own future reference. These Terms of Sale and any document expressly referred to in them constitute the entire agreement between us and you in relation to the subject matter of the Contract. The Contract and all communications between us and you will be in German. The compilation, the existence, the design, the execution, the validity and all other aspects of these terms of sale or the provisions thereof are subject to the law of the Federal Republic of Germany. The German courts have exclusive jurisdiction to settle disputes which may arise out of or in connection with these Terms of Sale or use of the Website. If any provision of these Terms of Sale is held to be invalid or unenforceable by a court, it will be severed from the remainder thereof, which will otherwise remain unaffected. No delay or omission on our part in exercising any power, right or remedy under these Terms of Sale shall constitute a waiver of same, nor shall any individual or partial exercise of any such power, right or remedy preclude any other or further exercise of the same. All notices you give to us must be in writing to the address given at the beginning of these Terms of Sale.
(1) These general terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
(2) If the customer is a company, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and BSQ UK Limited shall be Frankfurt am Main, Germany.
(3) Even if individual points are legally ineffective, the remaining parts of the contract remain binding. Any ineffective points will be replaced by the corresponding statutory provisions.
(4) We are neither willing nor obliged to participate in dispute settlement procedures before consumer arbitration boards.
LAPHROAIG MESSAGE ON A BOTTLE COMPETITION T&CS
By entering the LAPHROAIG MESSAGE ON A BOTTLE COMPETITION you accept and agree to be bound by the following terms and conditions:
1. Entrants (“you”) must comply with these Competition Terms & Conditions (“Terms & Conditions”).
2. The competition is run by Beam Suntory UK Limited (“Promoter” or “we” or “us”) (Company Number 05591988)); our registered office is at 44-45 Great Malborough Street, 5th Floor, London, United Kingdom W1F 7JL.
3. Entries must be completed and submitted between 03/02/2023 and 14/02/2023. No responsibility can be accepted for entries not received for whatever reason up to and following that date.
4. To enter, the entrant must:
- Be over the age of 18 and not resident in any territory referred to in paragraph 9 below.
- Enter using a public Instagram or Facebook account.
- Must “follow” Laphroaig on Facebook or Instagram on the day the winner is drawn.
- Share the message they would like to see engraved on their bottle of Laphroaig. Any message is valid, with the exception of the use of abusive, explicit, defamatory or inappropriate language.
- Due to local legislation, this competition is only open to residents of the following countries:
5. All validly completed entries will be automatically entered for the competition.
6. There is no alternative method of entry. There is no entry fee and no purchase is necessary to enter this competition.
7. Only one entry per person is permitted. No multiple entries will be accepted. Bulk or third party entries will not be accepted.
8. Promoter’s employees and their immediate families, our agents or anyone else professionally connected with us or the competition shall not be permitted to enter.
9. This competition excludes entries from the United States or countries where it is not legal to consume or deliver alcoholic beverages to.
10. The winner will be the entry selected by the Promoter as being, in the Promoter’s absolute discretion, the best message to be engraved on a pair of bottles of Laphroaig. The Promoter’s decision on the best entry shall be final. The winning entries will be selected on or around 14/02/2023.
11. The winner will be contacted via Direct Message on Facebook or Instagram. If the entrant does not reply to claim their prize within 72 hours, a new winner will be selected. Promoter has full discretion when applying these Terms & Conditions and its decision is final and no correspondence will be entered into in this regard.
12. In order to claim the prize, the entrant must prove their legal age by presenting a valid form of ID via email and corresponding delivery address to provide proof of age and residence.
13. The winner will receive their prize via delivery – the details of their delivery address and timings will be agreed between us and the validated winner.
14. The prize is 2 (two) bottles of [70cl] Laphroaig Single Malt Whisky[CAF3] on which the winning entrant’s message will be engraved. No cash or other alternative prizes are available.
15. By entering this competition, you are giving Promoter the right to publish your entry on their social media channels and other promotional materials. You also agree that any and all intellectual property in the entry you have submitted belongs to and can be used by Promoter for business purposes. This can be used solely at Promoter’s discretion. You agree to sign any legal documentation transferring your rights in said intellectual property to Promoter on our request.
16. By entering this competition you agree that your personal data submitted to us will be stored and processed by us or on our behalf as data controller in accordance with applicable data protection laws. Such data may be used by Promoter and by our processors for the purposes of business analysis and research, for the administration of this competition and to contact the winner of the competition.
17. You agree that the winner’s name will be provided to third parties on request.
18. A request to access, update or correct any information should be directed to us at firstname.lastname@example.org
19. We shall not otherwise share personal data with any third parties. We will only hold entrants’ personal data for as long as we do the activities referred to above or have a valid reason to keep it.
20. Neither we nor our agents accept responsibility for any technical or other difficulties experienced in participating in this competition.
21. This competition and these Terms & Conditions are governed by Scots law and subject to the exclusive jurisdiction of the Scottish Courts.