Jack Daniel's Store TERMS OF SALE
LAST UPDATED: 16 October 2015
We want to make sure that you enjoy the products you purchase from this website just as much as we enjoy making them. These Terms of Sale set out the terms and conditions on which we supply our products to you. They tell you who we are, how we will provide products to you, how you and we may change or cancel your order, what to do if there is a problem and other important information. By placing an order to purchase our products from this website, you agree to comply with these Terms of Sale, as well as with our Cancellation and Returns Policy, which forms part of these Terms of Sale. Please read our Cancellation and Returns Policy.
Sometimes, we might change these Terms of Sale, so please check them each time you order something, but don’t worry, if you have already placed an order then the terms that were in place at the time you placed the order will continue to apply.
1. Information About Us.
JackDaniels.co.uk is operated by Brown-Forman Beverages Europe Limited a company registered in England and Wales under registration number 04129810. Our registered office is at 45 Mortimer Street, London, W1W 8HJ. Our VAT registration number is 722769614.
You can contact us by telephoning out customer service team at 0333 202 6388 or by sending an email to CustomerService@JackDaniels.co.uk. If we need to contact you we will do so by telephone or by writing to you using the telephone number or email address you provide to us in your order.
2. Our Products.
2.1 The products on this website either contain alcohol or are alcohol related and so they are only for sale and use by people who are aged 18 years or over. The responsible sale and marketing of our products is important to us, as is the responsible consumption of them so if you are under 18 years of age or are buying a gift for someone who is under 18 years of age then you must not place an order with us.
2.2 The products on this website are for purchase by individuals for domestic and private use. We might reject an order if it appears to us to be placed for business purposes and if you do purchase any of the products on our website on behalf of a business or for commercial purposes, you will be in breach of these terms. Please contact us at 01962 762200 for information if you are a business customer.
2.3 The products on this website are for purchase by United Kingdom customers only.
3. Ordering From Us.
3.1 How to place an order: Our website will guide you through the process you need to follow to place an order. Your order will be placed when you click on the “Confirmation” button at the end of the checkout process. By confirming your order you are agreeing to purchase the product(s) you have selected.
3.2 When the contract is formed: Once you have confirmed your order, we will send you an email acknowledgement; we will then verify your payment method and will send you an order acceptance. At this point a contract will be in existence between you and us.
3.3 Your order acceptance will include your order number. Should you need to contact us about your order, please use this order number because it will help us track your order.
3.4 When we may refuse an order: We may reject your order if:
a) your chosen product is not in stock;
b) we cannot obtain authorisation for your payment;
c) there has been a pricing or product description error;
d) a personalised product you order contains anything that contravenes, or appears to contravene our Content Rules in section 3.2 below;
e) we have reason to believe that you or the person the order is to be sent to is under the age of 18;
f) it appears that the order mistakenly duplicates another;
g) the order appears to be for commercial use; or
h) you request delivery to an address outside of the United Kingdom.
If we cannot accept your order, we will contact you via email to let you know and will not charge you for your order.
3.5 Ordering personalised products: Personalised products are offered in English only. If you order personalised products then please check your order on screen and your acknowledgment email carefully to make sure that the content you have contributed for inclusion is correct and that there are no spelling mistakes or other errors.
If you do make an error, then we may allow you to make changes to your order while your order status is “pending”. If you wish to make a change please contact our customer service team on 0333 202 6388 as soon as possible. Once your order has been personalised we will be unable to accept any changes.
If your content request is found to be unacceptable based on the guidelines below, our customer service team will attempt to reach you 3 times by telephone to allow you to make changes to your requested content. If they cannot reach you by telephone, you will receive an email letting you know that your request has been rejected. This means the product you selected will be shipped to you without being personalised. If you do not want the product without personalised content, please refer to our Cancellation and Returns Policy.
We will not permit personalised products to include any content which:
a) suggests the irresponsible or underage consumption of alcohol;
b) might infringe anyone’s intellectual property rights;
c) contains any personally identifying information;
d) advocates, promotes or assists any unlawful act;
e) could be seen as offensive on the basis of gender, race, sexual orientation, religion or gender;
f) is pornographic, obscene, indecent, abusive, offensive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress; or
g) gives the impression that it comes from or has been endorsed by us.
We reserve the right to reject personalised messages for any other reason.
4. Pricing and Payment.
4.1 Pricing and availability: The price for your products will be indicated on the order page. All prices are quoted in pounds sterling and include VAT at the prevailing rate. We try to ensure that all the prices shown on the website are accurate, however sometimes errors do occur. Where a product's correct price is lower than that paid, we will refund the difference to you, and despatch your order in the usual way. If the correct price is higher, we may contact you for further instructions before we accept your order.
4.2 If a product you have ordered is not in stock, you will receive an email notifying you when the product will be available and your current order will be cancelled.
4.3 How to pay: You can only pay for products via PayPal or using a valid debit card or credit card. We accept the following cards: VISA, MasterCard, and American Express. We will not take payment or charge your credit card until your order has been accepted and is ready to be shipped.
4.4 Delivery and packing charges: The prices shown on the website do not include postage and packaging charges; these will be shown separately on our website at the checkout stage before you place your order.
5.Shipping, Delivery and Age Verification.
5.1 During the order process we will let you know when your products will be delivered.
5.2 When your order is ready to be shipped, we will take payment using payment method or card information provided by you during the checkout process. Once your order has been shipped, we will send you a shipping confirmation email to let you know that your order is on its way.
5.3 We will only deliver to addresses in the United Kingdom.
5.4 All deliveries must be signed for. If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery.
5.5 If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery, or if we are unable to deliver for any other reason not caused by us, we will end the contract, the products will be returned to us and we will refund the cost of your order. We may charge you for delivery costs or other costs we might have incurred in transporting or storing the products.
5.5 Once the products have been delivered, you will own them and be responsible for them. We will send you an order delivery notice by email to confirm that your order has been delivered.
5.6 Age Verification
The responsible sale, marketing, consumption and use of our products is important to us. Please read the following requirements carefully to ensure we can deliver your products.
a) Delivery must be signed for by a person who is aged 18 years of age or over. Our couriers may ask for proof of age from the person who receives your order, so please ensure that the person who will receive the delivery has an acceptable form of photo identification which clearly states their date of birth. Acceptable forms of identification include a passport, drivers licence, national identification card or proof of age card.
b) We reserve the right not to deliver your order if we or our courier are not satisfied that the person receiving the order is aged 18 or over. If this happens, we will contact you to verify your age and to re-arrange delivery for a time when it can be received by someone aged 18 or over. You will be responsible for meeting the costs of redelivery. We may also not deliver your order if we have reason to believe that the products are intended for use or consumption by someone under the age of 18, or have any other reason to believe that the product will not be used or consumed responsibly.
c) If we are unable to complete your order because of one of the reasons set out in 5.6(b) above, we will cancel your order and refund you the cost of the products, less any delivery costs or other costs we might have incurred in transporting or storing the products.
6. Cancelling and Returning Your Order.
Please see our Cancellation and Returns Policy for information about your rights to cancel and return your order.
Any refunds made by us to you for products returned to us will be made to the original method of payment you used to pay for your order, and will be processed within 14 days of our receipt of the products.
8. Our Liability to You.
8.1 If we fail to comply with these terms, or are negligent, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these terms or our negligence. Loss or damage is only a reasonably foreseeable result of a breach if at the time we entered into this contract it was an obvious consequence of our breach or was specifically contemplated by you and us.
8.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We do not in any way exclude or limit liability we may have for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) anything that cannot be excluded under section 31.1 of the Consumer Rights Act 2015; and
d) defective products under the Consumer Protection Act 1987.
For further information about your statutory rights, please contact your local authority trading standards department or the Citizens Advice Bureau.
9. Events Outside Our Control.
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event which is outside of our control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.2 If an event which is outside of our control takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.
10. Other Important Terms.
10.1 We may transfer our obligations under this contract to another organisation, but this will not affect your rights or our obligations to you under these terms.
10.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.4 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 Please note that these terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
©2018 Brown-Forman Beverages, Europe, Ltd. All Rights Reserved.