Please read these Terms of Use carefully and ensure that you understand them before using Our Site. These Terms of Use, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, www.whiskykingdom.com (“Our Site”). It is recommended that you print a copy of these Terms of Use for your future reference.
Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.
The following documents may also apply to your use of Our Site:
· Our Privacy and Cookie Policy, This is also referred to below in Clauses 3, 7, and 16.
· If you purchase goods from Us, Our Terms of Sale, will apply to the sale. These terms are also referred to below in Clauses 8 and 13.
1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” | means an account required to make purchases via Our Site and in order to access certain features on Our Site, as set out in Part 7; |
“Content” | means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; |
“User” | means a user of Our Site; and |
“We/Us/Our” | means The Wine Cellar LTD T/A Whisky Kingdom LTD |
2.1 Our Site is owned and operated by The Wine Cellar LTD T/A Whisky Kingdom LTD, a limited company registered in England and Wales under company number 07549179, whose registered address is 198 Stamford Hill London, United Kingdom, and with trading address at 52-54 Millmead Road, London N17 9OU, United Kingdom.
2.2 Our VAT number is GB 119 781 293.
3.1 To contact Us by email, please email Us at info@whiskykingdom.com You can also write to Us at Whisky Kingdom, 52-54 Millmead Road, London N17 9OU, United Kingdom. alternatively use the Contact Us form to reach out.
3.2 Any personal information sent to Us (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
We may alter and update Our Site (or any part of it including but not limited to product range and price information) at any time.
6.1 We may alter these Terms of Use at any time. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Site.
6.2 If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
7.1 Certain features on Our Site, including the ability to purchase goods from Us, may require an Account.
7.2 Only Users aged 18 or over may create an Account.
7.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
7.4 It is your responsibility to keep your Account details safe. If you believe your Account is being used by someone else without your permission, please change your password immediately and/or contact Us using the details above in Clause 3.
7.5 You must not use another person’s Account.
7.6 All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.
7.7 If you wish to delete your Account, you may request us to do so at any time. If you choose to delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy.
7.8 If you delete your Account, any User Content that you have shared on Our Site may still be saved on our systems.
7.9 We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use (including, but not limited to, Our Acceptable Usage Policy)
We do not warrant or represent that Our Site or its Content including but not limited to items for purchase via Our Site are available or are suitable for use or purchase in other locations than the United Kingdom. Please refer to Our Terms of Sale.
9.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
9.3 You may print one copy and download extracts of any page(s) from Our Site for personal use only.
9.4 You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us or Our licencors as applicable. This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
9.5 Our status as the owner and author of the Content on Our Site must always be acknowledged.
9.6 Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.
10.1 You may link to any page on Our Site.
10.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
10.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
10.4 Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.
10.5 You must not frame or embed Our Site on another website without Our express written permission.
11.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
11.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
12.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
12.2 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
12.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
13.1 The provisions of this Clause 13 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale,
13.2 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
13.3 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
13.4 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
14.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
14.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
14.4 You must not attempt to gain unauthorized access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
14.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
14.6 By breaching the provisions of Clauses 14.3 to 14.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
15.1 You may only use Our Site in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
15.2 If you fail to comply with the provisions of this Clause 15, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:
a) Suspend or terminate your right to use Our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
f) Any other actions which We deem reasonably appropriate (and lawful).
15.3 We hereby exclude any and all liability arising out of any actions that We may take in response to your breach.
16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications Regulations 2019 and the General Data Protection Regulation (EU Regulation 2016/679) and and your rights hereunder.
16.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy.
17.1 If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your Account.
17.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 7 days for your request to take effect and you may continue to receive emails during that time.
17.3 For questions or complaints about communications from Us, please contact Us using the details above in Clause 3.
We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.
19.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.4 If you are a business or international customer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
