“THE WOLFPACK” – TERMS AND CONDITIONS
“Cask” means a cask used for the maturation of Scotch Whisky that is made of oak and does not have a capacity exceeding 700 litres;
“Cask Sample” means a 20cl sample of Your Cask;
“Cask Type” means the type of Cask chosen by You as set out in the Order;
“Company, Wolfcraig, We, Us” means Wolfcraig Distillery Ltd, a company registered in Scotland with company number SC558382, whose registered office is at 5 Kirk Road, Bearsden, Glasgow, G61 3RG;
“Conditions” means these terms and conditions of sale;
“Contract” means the contract comprising the Order and the Conditions entered into between You and Us for the sale of a Membership;
“Delivery Location” means the location set out in the Order or such other location as the Member may notify the Company in writing from time to time;
“Final Costs Invoice” (Alpha Package only) means an invoice that will be issued by the Company to You prior to the bottling of the contents of Your Cask and will include the costs of bottling, labelling, packaging, delivery, duty and VAT;
“Founder’s Reserve” means a 70cl bottle of Wolfcraig Single Malt Whisky bottled at around 46% ABV. The liquid bottled by the Company will be taken from some of the first Casks of whisky produced by the Company after the Production Date. It is intended by the Company that these bottles will be filled from Casks within a time period determined at the discretion of the Company following the fourth anniversary of the Production Date;
“Goods” means any products due to a Member for purchasing a Membership;
“HMRC” means Her Majesty’s Revenue and Customs;
“Maturation Period” means the period of time from the date of filling of Your Cask to the date the contents of Your Cask are sent for bottling;
“Member, You or Your” means you;
“Membership” means the Wolf Warrior Package, Beowolf Package or Alpha Package (as defined in 3.1.1, 3.1.2 and 3.1.3);
“Membership Price” means the price quoted on the Order;
“New Make Spirit” means the alcoholic liquid that is produced through distillation at Wolfcraig;
“Order” means the application to take out a Membership whether completed online or in hard copy;
“Production Date” means the date that distilling starts at Wolfcraig;
“Scotch Whisky Regulations” means the Scotch Whisky Regulations 2009 (as may be amended or re-enacted from time to time);
“The Alpha Founder’s Pack” means 6 x Wolfcraig branded Copita nosing glasses, a Wolfcraig branded water jug plus a Wolfcraig branded decanter;
“The Alpha Member’s Pack” means a membership card, that when presented at the distillery or online will entitle the member to a 15% lifetime discount, a membership certificate, access to the member’s zone on the Wolfcraig website and 50 x entry into the prize draw to be a guest at the official opening of the distillery;
“The Beowolf Founder’s Pack” means 2 x Wolfcraig branded Copita nosing glasses plus a Wolfcraig branded water jug;
“The Beowolf Member’s Pack” means membership card, that when presented at the distillery or online will entitle the member to a 10% lifetime discount, a membership certificate, access to the member’s zone on the Wolfcraig website and 5 x entry into the prize draw to be a guest at the official opening of the distillery;
“The Wolf Warrior Founder’s Pack” means a Wolfcraig branded Copita nosing glass;
“The Wolf Warrior Member’s Pack” means a membership card, that when presented at the distillery or online will entitle the member to a 5% lifetime discount, a membership certificate, access to the member’s zone on the Wolfcraig website and 1 x entry into the prize draw to be a guest at the official opening of the distillery;
“Whisky” means the bottles produced at the end of the Maturation Period from Your Cask;
“WOWGR” means the UK Warehouse Owners and Warehouse Goods Regulations 1999;
“Your Cask” means the Cask where title to the Cask and contents have been transferred to You under the Contract.
2. BASIS OF CONTRACT
2.1 The submission of an Order by You constitutes an offer by You to purchase a Membership in accordance with these Conditions. You are responsible for ensuring that the terms of the Order are complete and accurate.
2.2 The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order at which point the Contract will come into existence.
2.3 Subject to clause 10.3, the Contract constitutes the entire agreement between the parties. The Member acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
2.4 By placing an Order You acknowledge and confirm that You are at least 18 years old. The Company will not accept Orders from, nor arrange delivery of alcohol to, any person under the age of 18 at the date of the Contract. If the Delivery Location is specified to be outside of the United Kingdom then by placing an Order You acknowledge and confirm that You are at least of the minimum legal age to purchase alcohol in accordance with the laws of that country.
FOR ALPHA PACKAGE ONLY (PURCHASE OF CASK)
2.5 UK warehouse owners and warehouse goods regulations. To comply with WOWGR You are required to confirm that:
i) You are a private customer who is purchasing the product for private, non-commercial use; or
(ii) You are a UK based revenue trader and are already registered as an owner of goods in the UK; or
iii) You are an overseas revenue trader and have appointed, or will appoint, a UK representative (as defined by HMRC).
By placing Your Order this will be deemed by Us to be Your confirmation of WOWGR.
3.1 The Goods to be supplied by the Company to the Member under this Contract will consist of either:
3 THE WOLF WARRIOR PACKAGE
126.96.36.199 A bottle of the Founder’s Reserve and;
188.8.131.52 A 20cl bottle of New Make Spirit and;
184.108.40.206 The Wolf Warrior Member’s Pack and;
220.127.116.11 The Wolf Warrior Founder’s Pack”.
3.1.2 THE BEOWOLF PACKAGE
18.104.22.168 6 x bottles of the Founder’s Reserve and;
22.214.171.124 2 x 20cl bottles of New Make Spirit and;
126.96.36.199 The Beowolf Member’s Pack and;
188.8.131.52 The Beowolf Founder’s Pack;
3.1.3 THE ALPHA PACKAGE
184.108.40.206 A Cask as specified in the Order filled with New Make Spirit. The Cask Type is as selected by You on the Order. The Cask will be filled by the Company with New Make Spirit at a filling strength of circa 63.5% ABV. You acknowledge that We cannot guarantee the exact amount of spirit filled due to small variations in the size of each Cask;
220.127.116.11 Warehouse rent and insurance for a period of 12 years from the date the Cask is filled;
18.104.22.168 A Cask Sample to be provided every 2 years from date of filling until the 12th anniversary. The actual date for the bottling of each Cask Sample will be determined at the discretion of the Company;
22.214.171.124 2 x 20cl bottles of New Make Spirit and;
126.96.36.199 The Alpha Member’s Pack and;
188.8.131.52 The Alpha Founder’s Pack;
3.2 The Company will use all reasonable endeavours to deliver the Founder’s Reserve as soon as possible following bottling and in any event no later than 6 months after date of bottling;
3.3 Bottle labelling and packaging details as shown on any marketing material are indicative images only. Final labels and packaging of the Founder’s Reserve will be determined by the Company at the time of bottling. They will comply with all Scotch Whisky Regulations and any other relevant legislation pertaining at the time;
3.4 Should the Production Date be after 31 December 2024 then the Company will offer each Member entitled to a bottle of Founder’s Reserve, a bottle of blended malt whisky crafted by Wolfcraig in lieu of the member’s entitlement to a bottle of Founder’s Reserve;
3.5 You acknowledge that approximately 2% of the Cask contents naturally evaporate each year and that at the same time the strength decreases. You further acknowledge that the evaporation rate for each Cask will vary and that the amount of liquid and/or strength of the spirit will vary between each Cask. Therefore, the Company gives no guarantee of the amount of spirit remaining in Your Cask at the end of the Maturation Period;
3.6 It is intended by the Company that Your Cask will be filled with New Make Spirit within a time period of no more than 9 months from the Production Date;
3.7 You acknowledge and agree that Your Cask will remain in warehouses under our control for its entire Maturation Period, irrespective of duration and whether or not beyond twelve (12) years. The Cask shall not be transferred to any other Cask or third party warehouse unless specifically agreed in writing by the Company;
3.8 We will insure Your Cask on the same terms and on the same basis as other like products and stock. The price also includes the cost of repair to any Cask that is leaking. It will be possible to continue the Maturation Period for longer than 12 years and the charge for this would be provided to You at that time;
3.9 We will contact You to advise when the contents of Your Cask can be bottled and it is estimated that this will not be before it has matured for a minimum Maturation Period of 5 years. In any event You may request that Your Cask gets bottled at any time after our initial recommendation. You must provide Us with at least three months’ notice in writing to allow time to schedule the bottling, labelling and arrange payment of the necessary fees and duty;
3.10 The contents of the Cask will be bottled by the Company or under the Company’s control and supervision following discussions with You on the labels and packaging (including all content, logos and nomenclature) to be used for bottling. The Company shall have final say and sole discretion on any matter relating to labels and packaging and You will not be permitted to change labels or packaging after delivery of the Whisky;
3.11 Bottling, labelling and packaging will be charged at the rates prevailing at the time of bottling and these will be confirmed to You in the Final Costs Invoice prior to bottling;
3.12 If You wish to sell, transfer or assign ownership of Your Cask, You must obtain the Company’s prior written consent and the new owner must agree in writing to adhere to the Conditions. Should You wish to sell Your Cask then the Company will have a right of first refusal to purchase Your Cask at fair market value;
3.13 Should the Production Date be after 31 December 2024 then the Company will offer each Member entitled to a Cask under a Membership, a Cask of equivalent size and type to that stated in the Order, filled with new make spirit from another distillery. In this event Wolfcraig will arrange for storage and insurance to be covered for a period of 10 years at an appropriate bonded warehouse;
3.14 The Company will use all reasonable endeavours to deliver the Wolf Warrior Member’s Pack, the Beowolf Member’s Pack or the Alpha Member’s Pack as soon as possible following 31 March 2021 or within 3 months of the receipt of cleared payment if later;
3.15 The Company will use all reasonable endeavours to deliver the Wolf Warrior Founder’s Pack, the Beowolf Founder’s Pack and the Alpha Founder’s Pack, together with the required bottles of New Make Spirit as soon as possible following the Production Date and in any event no later than 12 months following the Production Date;
3.16 Membership card and benefits are non-transferable. Proof of identity may be requested. Membership card must be presented when claiming a discount at the distillery or online;
3.17 Membership card isn’t a debit or credit card, cheque guarantee card or savings account card.
3.18 Replacements for lost or stolen membership cards or certificates can be obtained for an additional charge. Costs for this service can be obtained by contacting Us.
4.1 The Company shall deliver the Goods or the Whisky to the Delivery Location;
4.2 Delivery of Goods or Whisky shall be completed on the arrival of the Goods or Whisky at the Delivery Location, whereby title to and risk shall pass to the Member. In the event that a bottle is broken in transit prior to delivery, the Member must promptly notify the Company in writing, and in any event no later than seven days after the date of delivery and provided prompt notification is received within the time period stated, the Company shall arrange for delivery of a replacement and may request that the Member return the broken bottle at the cost of the Company.
4.3 The Company shall not be liable for any delay or failure in delivery of Goods or Whisky that is caused by any event beyond its reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable 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, pandemic or other natural disaster, or failure of public or private telecommunications networks or default of subcontractors (“Force Majeure Event”) or which is caused by the Member’s failure to provide the Company with adequate delivery instructions, a correct delivery address or any other instructions that are relevant to the supply of Goods or Whisky.
4.4 In the event of the Company’s total and ongoing failure to perform, and to be able to perform in future, the Contract in the event of an irremediable Force Majeure Event (including but not limited to total destruction of the Goods, Whisky and/or Casks) no Member shall have the right to terminate this Contract and/or obtain a refund of the Membership Price whether pro-rata or otherwise, but the Company retains the right to either (i) refund such proportion of the Membership Price that relates to Goods yet to be supplied or (ii) deliver alternative bottles of whisky to Members.
4.5 If the Member fails to accept delivery of the Goods or Whisky within two attempts at delivery by the Company, then the Company shall return the Goods to its premises and attempt to contact the Member by email or telephone to arrange delivery. In the event of contact with the Member, any further delivery costs for such re-delivery of Goods or Whisky shall be borne by the Member. If contact is not made within 180 days the Company shall be entitled to dispose of the undelivered Goods or Whisky as it sees fit without liability to the Member and the Company shall be released from any future liability to deliver Goods or Whisky to that Member.
4.6 Delivery of Goods within the UK will be free of charge. Delivery of Goods outwith the UK will be charged at the then prevailing rate and the costs confirmed to You in a delivery invoice prior to delivery. Once the delivery invoice has been paid We will arrange delivery to the Delivery Location. If You change the Delivery Location to a different country or US State We will need to review whether We can deliver to that country or US State and check if any additional costs will apply.
4.7 We endeavour to ship to as many locations globally as possible, but there are some restrictions outwith our control - please check that We can deliver to the chosen Delivery Location before ordering.
5 RIGHT TO CANCEL AND APPLICABLE REFUND
5.1 Cancellation of Order:
5.1.1 You may cancel Your Order within 14 days from the day on which Your Order is confirmed by the Company by notifying the Company in writing, within the stated term, by emailing firstname.lastname@example.org or by writing to the Company using the contact details in section 7.1. The Company will confirm Your cancellation in writing.
5.1.2 If You cancel an Order under clause 5.1.1 and You have paid the Membership Price the Company will refund the Membership Price to You.
6 PRICE & PAYMENT
6.1 Full payment of the Membership Price is due at time of Order;
6.2 On receipt of Your Order, We shall issue You with an invoice for the Membership Price, which is Your order confirmation, by email.
6.3 If Your payment does not clear We will contact You to re-arrange the payment of the Membership Price. If the Membership Price remains unpaid We shall be entitled to treat the Order as rescinded and our confirmation of that Order as set out in the Confirmation as cancelled and We shall have no further responsibility to You under the Contract.
6.4 On expiry or termination or cancellation by the Member of this Contract for any reason, or by the Company in accordance with clauses 4.4 or 4.5, the Company will not be obliged to refund all or any part of the Membership Price to any Member, except in the case of cancellation under clause 5.1.
6.5 For the Founder’s Reserve, bottles of New Make Spirit or Cask Samples UK Duty will be paid (where applicable) by the Company before these items leave our bonded warehouse.
6.5.1 Members outwith the UK will need to pay duty and any applicable taxes due in the country of Delivery Location for the Goods. Different rates of duty apply throughout the EU and the rest of the world. It is Your responsibility to make the necessary arrangements applicable in Your country of Delivery Location and to be aware of all regulations prevailing in that country regarding the importation of alcohol.
6.6 UK duty and VAT may be payable after bottling depending on the Delivery Location of the bottled product. Payments for bottling, labelling and packaging will be due when Your Cask is bottled and must be paid prior to removal from the bonded warehouse and before delivery of the Whisky to You;
6.6.1 Members in the UK will need to pay UK Duty and VAT. Duty is the charge made by HMRC and is based on the percentage of pure alcohol. The current rate is £28.74 per litre of pure alcohol (Valid as at 20/11/2020). This equates to £9.25 per 70cl bottle of whisky bottled at 46% ABV. UK VAT is currently charged at 20% (Valid 20/11/2020) and is charged on the purchase price of the whisky in addition to the duty rate at the time of removal from the bonded warehouse and the storage and insurance charges paid over the Maturation Period. Both duty and VAT are payable once the Whisky is removed from the bonded warehouse;
6.6.2 If the Whisky is exported under bond, duty and VAT may be suspended (but not avoided) subject to the exporter being registered for both duty and VAT and being registered as a bona fide exporter. Members are responsible for paying duty and any other applicable taxes at the prevailing rates in the country of Delivery Location at the time of import. It is up to the Member to find a suitable importer in the country of Delivery Location to arrange the export and to meet all regulations in that country. Where possible Wolfcraig will take reasonable steps to assist with this.
6.7 In the event that the Member does not pay the Final Costs Invoice within 90 days the Company shall be entitled to retain or sell the Whisky as it sees fit, without liability to the Member and the Company shall be released from any future liability to deliver Whisky to that Member.
7 CONTACT DETAILS
7.1 You may contact the Company by emailing email@example.com or by writing to:
Wolfcraig Distillery Ltd
5 Kirk Road
7.2 It is Your responsibility to ensure that We have a current, valid contact address for You. You must notify Us immediately of any change to Your address, contact details or Delivery Location
8 CUSTOMER CIRCUMSTANCES
8.1 Should a Member die or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation the Company shall continue to supply the Goods or Whisky to the Delivery Location, but shall recognise instructions in connection with the Contract (including but not limited to any amendment to a Delivery Location) from the personal representatives, or those persons duly authorised to act on behalf of the Member.
9.1 The Company may terminate the Contract and Your membership at any time with immediate effect by giving You written notice if:
9.1.1 You do not pay the Membership Price as set out in clause 6.1;
9.1.2 the Company discovers that You are not of the minimum legal age as confirmed at clause 2.4;
9.2 In the event of termination by the Company in accordance with clause 9.1 above, the Member shall not be entitled to a refund of the Membership Price and the Company shall be entitled to dispose of the remainder of the Goods, Whisky or Your Cask as it sees fit without liability to the Member.
10 LIMITATION OF LIABILITY
10.1 If the Company fails to comply with these Conditions, it will be responsible for loss or damage suffered by the Member that is a foreseeable result of its breach of the Conditions or the Company’s negligence, but the Company is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Company’s breach or if they were contemplated by both the Member and the Company at the time of entry into this Contract.
10.2 Subject to clause 10.3, the Company has no liability to the Member for any consequential loss, any indirect loss or for loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 The Company does not exclude or limit in any way its liability for:
10.3.1 death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 breach of the terms implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979;
10.3.4 defective products under the Consumer Protection Act 1987; or
10.3.5 anything which cannot be excluded or limited by applicable law.
10.4 Subject to clause 10.3 the Company’s total liability to the Member in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Membership Price.
11 HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 The Company will use the personal information provided to it to provide the Goods to the Member and perform its obligations under the Contract, process the payment of the Membership Price and inform the Member about similar products or services that the Company provides, but the Member may choose to stop receiving these at any time by contacting the Company stating that they no longer wish to receive such communications. The Company may share personal information We collect with trusted third parties. The information We share shall be no more than required and the third parties’ use of the information shall be limited to the specified purpose for processing as agreed with them, e.g. processing Your invoice and payment of the Membership Price. We do not sell, rent, or otherwise share any personal information with third parties except as expressly described in 11.1. Please see our privacy notice for how We use Your personal data.
12.1 Assignment and subcontracting. The Company may at any time assign, transfer or subcontract all or any of its rights or obligations under the Contract. The Member may assign or transfer any of its rights or obligations under the Contract with the prior written consent of the Company.
12.2 We reserve all rights in and to all intellectual property rights associated with Wolfcraig and nothing in the Contract shall be construed as granting or conferring on You any rights by any means (whether express, implied or otherwise) in connection to the intellectual property rights associated with Wolfcraig.
12.3 If a Member has any questions or complaints, they should contact the Company by email at firstname.lastname@example.org or in writing to the address stated in 7.1. If any clause in these Conditions requires a Member to give the Company notice in writing, this should be sent to the Company by e-mail, by hand, or by post using the Company’s contact details in section 7.1. The Company will confirm receipt by contacting the Member in writing. If the Company is required to contact a Member or give a Member notice in writing, it will do so by e-mail, by hand, or post to the address provided in the Order as amended by the Member from time to time under clause 7.2.
12.3 Severance. If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12.4 Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
12.5 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
12.6 Variation. Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Company.
12.7 Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Scotland and the parties irrevocably submit to the exclusive jurisdiction of the courts of Scotland.