Terms & Conditions

These terms and conditions govern the sale of casks by Highland Cask Group Ltd.

These terms and conditions govern the way in which you do business with us and how we supply casks and accompanying services to you. You should read these terms and conditions carefully before submitting an order for a cask. Unless these terms and conditions state otherwise they apply to customers who are consumers and where any orders are mainly for personal use and not for use in connection with your trade, business, craft or profession. Unless otherwise specified, references to a term shall be a reference to a term in this document. Specific terms in any Orders placed for casks shall take priority over these terms in the event of any conflict.

1. These terms

1.1 These are the terms and conditions on which we provide you with a Highland Cask Group Ltd (Account) and we supply products to you, whether these are goods or services.


1.2 Please read these terms carefully before you submit an order for casks to us. These terms tell you who we are, how we will provide casks and administrative services to you, how you and we may change or end the contract, what to do if there is a problem and other important
information.

2. Information about us and how to contact us

2.1 We are Highland Cask Group Ltd a company registered in England and Wales. Our company registration number is 13666515 and our registered office is at 3 Stox, Chang Alley Leeds LS1 6BF. Our registered VAT number is 408241618.

2.2 How to contact us. You can contact us by telephoning our customer service team at +44 113 479 0767 or by writing to us at admin@highlandcaskgroup.com.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing (which includes email) to you at the email address or postal address you provided to us when you create your Account.

3. You and your Account

3.1 Creating an Account. You must accept these Terms and Conditions before you create an Account with your Portfolio Manager.

3.2 Correct details. You must ensure that all contact and payment details on your Account are correct at all times.

3.3 Know-your-customer details. As part of our ‘Know-your-customer’ procedures we may ask you to provide photographic proof of identification (in the form of either a passport or driving licence) and proof of address (in the form of a recent bank statement or utility bill) prior to the opening of your Account or at any other time. Failure to provide information on request may lead to you not being able to open an Account or the closure of an existing Account.

3.4 Rules and regulations. We confirm that all orders shall comply with the rules and regulations of HMRC and the bonded warehouse relating to the legal storage requirements of duty suspended spirits. You acknowledge and agree that we will not be under any obligation to proceed with any orders which do not comply with the rules and regulations of HMRC and/or the bonded warehouse.

3.5 WOWGR Status. If you are a “revenue trader” in UK law under s1 of the Customs and Excise Management Act 1979 (in other words, if you carry out a trade or business in relation to relevant excise goods) and you have any presence in the UK, you are required to be registered with HMRC as an owner of those goods in a UK excise warehouse. If you have no presence in the UK but still defined as a revenue trader you must appoint a duty representative to act as your agent. HMRC’s interpretation of the law in connection with owners of goods in UK excise warehouse and directions having legal force are set out in section 5 of Notice 196: Excise goods – registration and approval of warehouse keepers, warehouse premises, owners of goods and registered consignors.

3.6 Compliance with Account rules. Rules for access and operation of your Account are available from your Portfolio Manager on request. Failure to comply with these rules may result in the suspension or closure of your Account.

3.7 Aged 18 or over. You must be at least 18 years old to place an order.

4. Our contract with you.

4.1 How we will accept your order. You can place orders through your Portfolio Manager. Our acceptance of your order will take place when we confirm and send you an invoice via email confirming acceptance, at which point a contract will come into existence between you and us relating to that order. For the purposes of these terms and conditions each separate order shall be termed a ‘contract’, and these terms and conditions shall apply to each order.

4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the cask. This might be because the cask is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your order does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet the order that you have requested due to availability from the distillery.

4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.4 Additional terms and order specifics. Prior to placing an order we will confirm:
(a) the price you will pay;
(b) the specifics of the cask(s) ordered;
(c) the distillery;
(d) the bonded warehouse;
(e) the ABV of the whisky;
(f) included insurance cover; and
(g) any other relevant terms.

5. Changes

Your rights to make changes If you wish to make a change to your order please contact us. We will let you know if the change is possible though given the nature of the casks this may not always be possible. If it is possible we will let you know about any changes to the price of he order and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).

6. Our rights to make changes

6.1 Minor changes to the products. We may make minor changes to a cask from its listed description: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor adjustments and improvements.

6.2 More significant changes to the casks and these terms. If we are required to make material changes to a cask order or to these terms and conditions we will notify you and you may then contact us to end the contract before the changes take effect.

7. Providing the casks

7.1 Delivery of an order is deemed to have occurred when we confirm in writing to you and provide you with your cask ownership certificate.

7.2 You will be the registered owner of ordered casks from receipt of the ownership certificate at clause

7.3 Should a cask suffer a full leakage while stored at a bonded warehouse, that cask will be replaced by a cask of equal value. Casks that are no longer stored at the bonded warehouse shall not be the responsibility or liability of Highland Cask Group Ltd.

7.4 Some natural evaporation of the spirit from the casks will occur under a process known as ‘the angels’ share’. We are not responsible for any such losses.

7.5 Any projections on the future value of casks, implied or otherwise should be seen as potential returns only. We provide no warranties or guarantees on the future value of a cask and provide no tax advice to you.

8. Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the cask replaced or to get some or all of your money back), see clause 11; (b) If you want to end the contract because of something we have done or have told you we are going to do.

8.2; (c) If you have just changed your mind about the cask.

8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay any costs we have incurred up to that point; (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the casks or these terms which you do not agree to (see clause 6.2); (b) 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; (c) we (or any third party supplier) has suspended supply of the casks; or (d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 

8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of: (a) bespoke casks or casks where we have specified when the order is placed that there is no right to cancellation or to change your mind; (b) services, once these have been completed, even if the cancellation period is still running.

8.4(a). Note that you cannot cancel part of the order (i.e. storage or the cask), and an order can only be cancelled in full.

8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. (a) Have you bought services (for example, cask storage or insurance)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. (b) Have you bought a cask?, if so you have 14 days after the order confirmation save but for any scenario in clause.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8), you can still end the contract before it is completed, but you may have to pay us compensation for our costs incurred up to that point.

9. End of Contract

How to end the contract with us (including if you have changed your mind) 9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services on +44 113 479 0767 or email us at

admin@highlandcaskgroup.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2 How we will refund you. We will refund you the price you paid for the casks by the method you used for payment. However, we may make deductions from the price, as described below.

9.3 Deductions from refunds if you are exercising your right to change your mind (a) We may reduce your refund of the price to reflect any reduction in the value of the casks. (b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.4 When your refund will be made. We will make any refunds due to you as soon as possible.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a cask at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10 we will refund any money you have paid in advance for casks we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the casks. We may write to you to let you know that we are going to stop providing a specific cask.

11. If there is a problem with the order.

11.1 How to tell us about problems. If you have any questions or complaints about the order, please contact us. You can telephone our customer service team at +44 113 479 0767 or write to us at admin@highlandcaskgroup.com.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in
conformity with this contract. See the box below for a summary of your key legal rights in relation
to the casks where you are a consumer. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. If your product is services the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

12. Price and payment

12.1 Where to find the price for the cask. The price of the cask will be the price indicated in your order. We take all reasonable care to ensure that the price of the cask advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the cask you order.

12.2 We will pass on changes in the rate of VAT. VAT is not chargeable at the time of purchase as the spirit will remain under bond. Excise duty and VAT is chargeable when the cask is released from bond. You will be charged VAT on the bottling cost and any Excise Duty (the tax on the % of pure alcohol payable to Her Majesty’s Revenue & Customs in the UK) when it leaves bonded status. If the rate of any applicable VAT changes between your order date and the date we supply the cask, we will adjust the rate of VAT that you pay, unless you have already paid for the cask in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the casks we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the cask’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the cask’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

12.4 When you must pay and how you must pay. Our methods and timings of payments shall be set out prior to our acceptance of each order.

12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.

13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

We will only use your personal information as set out in our https://www.highlandcaskgroup.com/privacy-policy/.

15. Other important terms.

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 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 and effect.

15.5 Marketing materials and regulated activity. All information contained in our marketing materials or our website is not intended to be an offer to buy or sell securities, and our website should not be regarded as an offer of solicitation to conduct investment business of any investment or activity regulated by the Financial Conduct Authority (FCA). We are not required to be authorised or regulated by the FCA and whisky is not an investment of a specified kind within the scope of the Financial Services and Markets Act 2000 nor is it a controlled investment subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. Any and all information provided by us relates to whisky, spirits or wines and its value and we do not deal with “options”, futures or any regulated investments of a specified kind under the Financial Services and Markets Act 2000. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation
under the Financial Services and Market 2000.

15.6 Intellectual property. Copyright, trademarks, database rights and all similar rights in the website and any marketing materials, documents or information issued to you are all owned by us or our licensors or relevant third-party content providers. You may use the information on the website and reproduce it in hard copy for your personal reference only. Such information may nootherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without our prior written permission. Nothing in our marketing materials or in the website should be construed as granting any license or right under any trademark.

15.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the casks, we can still require you to make the payment at a later date.

15.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Company No.: 13666515

VAT No.: 408241618

HMRC Excise ID: GBOG408241600

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