Terms and Conditions of Cask Purchase

This Document sets out the legal terms and conditions (the Terms) on which we process your cask order (the Order).

The Terms will apply to any contract between us for the processing of the Order and the storage of your cask by us (the Contract). Please read these Terms carefully and make sure that you understand them, before submitting an order form. Please note that before submitting an Order, you will be asked to agree to the Terms. If you refuse to accept these Terms, you will not be able to proceed with the Order.

These terms

1. Entire Agreement
1.1 These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Terms.

2. Information About Us and How to Contact Us
2.1 Who we are:
We are Whiskey & Wealth Club Limited, a company registered in Ireland. Our company registration number is 638983 and our registered ofMice is at 20 Harcourt Street, Dublin 2, D02H364.
2.2 How to contact us:
You can contact us by telephoning our customer service team at +44 (0)2031291639/+353(0)14378535 or by writing to us at 20 Harcourt Street, Dublin 2 or by email: [email protected].
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order form.
2.4 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you
3.1 How we will accept your 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 us. In order for us to conMirm acceptance of your order by email, we require payment of the applicable cask fee together with a signed copy of these terms and conditions and completed Order Form. For the avoidance of doubt, no contract will come into existence until such time as we email you to confirm that your order has been accepted.
3.2 If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing and will not process your order any further.

4. Payment
4.1 In consideration of us providing:
i. The fill of a cask (the Cask) with the spirit of your preference as set out in the order form attached to these Terms (the Order Form); and
ii. Ownership of the physical cask, subject to the Terms; and
iii. Insurance and storage of the Cask at a bonded distillery/warehouse of our choosing in Ireland (The Bonded Premises) for a period of 5 years commencing on the date of fill of the Cask;
4.2 You agree to pay the purchase price applicable to the Order (the Purchase Price). There is no VAT applicable to the Purchase Price. You will pay the Purchase Price when placing the Order. Upon acceptance of your order, we shall have a period of 30 Business Days (Business Day shall mean a day which is not a Saturday or a Sunday or a public holiday in Ireland) within which to fulfil the order.

5. Legal and Beneficial Ownership of the Cask
5.1 You are the owner of the cask(s). We have no beneficial interest in the Cask.
5.2 We undertake to transfer legal ownership of the Cask to you as directed by you subject to the Terms of this Contract following which transfer we shall have no further rights in respect of the Cask.
5.3 We undertake not to sell, transfer, charge or otherwise deal with the Cask except as expressly directed and approved by you.

6. Maturation
6.1 Following the expiry of 3 years and one day from the date of cask fill (the Maturation Period), the spirit can be deemed to have the designation “Irish Whiskey”. Prior to this level of maturation, under the relevant legislation that applies the spirit cannot be classified as “Irish Whiskey”. During the Maturation Period, the Cask cannot be withdrawn from the Bonded Premises, except to be stored in another Bonded Premises.

7. Storage
7.1 The Cask will be stored at the Bonded Premises for a period of 5 years commencing on the date of the fill of the Cask (the Storage Period).

8. Insurance
8.1 While stored at the Bonded Premises during the Storage Period, the Cask will be covered by the distillery’s insurance, which covers lost value of the Cask (at the time of the event) due to fire or theft.

9. Tax
9.1 You shall be liable for all and any taxes (including Capital Gains Tax) arising in connection with the sale or disposal of the Cask, its removal from the Bonded Premises and/or any other applicable taxes in relation to your ownership beneficial or otherwise of the Cask. We shall not be liable for any such taxes or costs howsoever arising.

10. Leakage
10.1 Should full leakage of the Cask occur while it is stored in the Bonded Premises during the Storage Period, the Cask shall be replaced with a cask of equal value by the distillery.
10.2 Should leakage of more than 2% per year of the overall contents of the Cask occur while it is stored in the Bonded Premises during the Storage Period, the Cask shall be topped up or replaced with a cask of equal value by the distillery
10.3 We shall not be liable for any leakage which occurs following the expiry of the Storage Period.

11. Cask Yields
11.1 As part of the maturation process, a natural process of evaporation will occur leading to a reduction in the overall yield. The Cask will evaporate by approximately 2% each year while at the same time decreasing in strength. Net cask yields will therefore vary and we cannot provide any guarantee on the exact yield. We are not liable for any such natural evaporation or any losses arising therefrom.

12. Your General Right of Withdrawal
12.1 If you wish to withdraw the Cask from the Bonded Premises you will be liable for all and any tax and duties which arise and we shall have no liability in this regard. You acknowledge that in the case of withdrawal of the Cask, you are liable for all costs in connection with bottling and labelling.

13. Audit
13.1 The warehouse staff will conduct an annual audit of the casks stored at the Bonded Premises.

14. Projections on Future Value of the Cask
14.1 Any projections on the future value of the Cask are projections only. The value of the Cask may go up or down.

15. Expiry of Contract
15.1 On expiry of the Storage Period, the Contract shall terminate. If you wish to keep the Cask in storage at the Bonded Premises after the expiry of the Storage Period, you must notify the warehouse in writing at least 6 months before the expiry of the Storage Period. For the avoidance of doubt, further fees shall be payable by you in respect of storage and insurance where you choose to keep the Cask in storage after the expiry of the Storage Period.
15.2 In the event that you wish to store the Cask at another Bonded Premises after the expiry of the Storage Period, you must make the necessary arrangements with another Bonded Premises to include obtaining your own bonded tenancy agreement in respect of such storage and we shall not be responsible for making any such arrangements.

16. What will happen if you do not give required information to us
16.1 We may need certain information from you so that we can process your Order, for example, Know Your Client (KYC) and Anti-Money Laundering (AML) documentation. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for late fill of the Cask if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

17. Your Termination Rights
17.1 Your Termination Rights include:
(a) we have told you about an error in the price or description of the Cask you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the Cask may be significantly delayed because of events outside our control;
17.2 If you are a consumer, there is no cooling off period under the Contract. This does not affect your statutory rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.

18. How to Terminate the Contract
18.1 Should you wish to end the Contract, please set out in writing the grounds for termination in accordance with these Terms and write to us by email ([email protected]) or post at 20 Harcourt Street, Dublin 2 and we shall respond to you within 10 Business Days.

19. Termination of the Contract by Us
19.1 Without limiting any of our other rights, we may terminate the Contract with immediate effect by giving written notice to you if:
a. You fail to pay any amount due under the Contract on the due date for payment;
b. You do not, within a reasonable period of time of us asking for it, provide us with information that we may reasonably require to meet regulatory requirements;
c. You breach any terms of the Contract.
19.2 If we terminate the Contract in the situations set out above, you will be liable to pay any charges in full incurred by you. This is without prejudice to any other rights or actions which we may have against you, as a result of any breach of this Contract.

20. Our Responsibility for Loss or Damage Suffered by You
20.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to restrict or exclude liability.
20.2 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit or any indirect or consequential loss arising under or in connection with any contract between including but not limited to loss of profits, sales, business, loss of business opportunity or loss of goodwill.
20.3 Subject to clause 20.1 our total liability to you for all losses arising under or connection with this Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to the Purchase Price paid by you under the Contract.
20.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Cask. Any representation, condition or warranty which might be implied or incorporated into the Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

21. How we may use your personal information
21.1 We will only use your personal information as set out in our privacy policy and otherwise in accordance with our legitimate business interests or as required by us which shall include but not be limited to sharing your personal information with any company that is a holding company, subsidiary company, or other body corporate which is part of the Company’s group, or any subcontractor or associate of the Company, to the extent that any obligations of the Company in this agreement need to be performed by such other company.

22. Transferring the Contract to Someone Else
22.1 We may transfer our rights and obligations under the Terms to another person or organisation.

23. Severance
23.1 If a court finds part of this Contract illegal the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful the remaining paragraphs will remain in full force in effect.

24. Delay
24.1 If we do not insist immediately that you do anything you are required to do under these Terms, or we delay in taking steps against you in respect of you breaking the Contract, that will not mean that you do not have to do those things and will not prevent us taking steps against you at a later date.

25. Applicable Laws and Jurisdiction
25.1 The Terms are governed by Irish Law and the courts of Ireland shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

26. Intellectual Property Rights
26.1 Nothing in this Agreement grants any right or license to you to use any of the the Dublin Liberties Distillery or any of their Affiliates’ Intellectual Property and in particular the Customer may not:
(a) identify the the Dublin Liberties Distillery as the provenance of the New Make Spirit, or use the name, logos or any images relating to the Distillery or its Affiliates in relation to the New Make Spirit or any further commercialization of New Make Spirit or products derived from it, including on any packaging, labels or in any marketing or advertising materials;
(b) use the Liberties or Dubliner names or trade marks;
(c) use the name or image or any other reference to Darryl McNally or any member of staff of the Distillery, the Distillery’s Affiliates or the Distillery itself, save that the Customer may:
(d) subject to Seller’s prior written approval, state, on the back label of any bottled New Make Spirit or liquid derived therefrom, that it originates from the Dublin Liberties Distillery; and
(e) refer orally (but not in writing) to the Dublin Liberties Distillery, the LIBERTIES trade mark and the name Darryl McNally for the purpose of marketing the New Make Spirit to third parties.
26.2 Approval to be sought under this clause 26 shall not be unreasonably witheld.
26.3 You agree to adhere to the requirements set out in clause 26 indefinitely. This includes, but is not limited to events covered in clause 5, 12, 15, 18, 19 and 22.