Terms of service
These Terms apply to all sales of Goods owned and held in stock by us and available for immediate dispatch, whether purchased through our website, by email, by telephone, by pro forma invoice or through any other direct sales channel.
These Terms do not apply to brokerage transactions, private client trade offers, sourced bottle transactions or any transaction expressly stated to be governed by our Brokerage Terms and Conditions.
1. About Us
1.1 Company name: The Whisky Source Limited
1.2 Registered address: The Stables, Little Coldharbour Farm, Tong Lane, Lamberhurst, Kent, TN3 8AD, United Kingdom
1.3 Trading address: Watermoor Point 029a, Watermoor Road, Cirencester, GL7 1LF, United Kingdom
1.4 Company number: 10811834
1.5 VAT number: 270601531
1.6 Contact email: mail@thewhiskysource.co.uk
2. Definitions
2.1 "Consumer" means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
2.2 "Trade Customer" means a person, company, partnership, sole trader or other organisation purchasing Goods wholly or mainly for purposes relating to their trade, business, craft or profession.
2.3 "Goods" means whisky, spirits and related products sold by us.
2.4 "Terms" means these Retail and Trade Terms and Conditions.
3. Eligibility and Legal Compliance
3.1 Goods may only be purchased by persons aged 18 years or over.
3.2 By placing an order, you confirm that:
• you are at least 18 years old;
• you are legally permitted to purchase alcohol in your jurisdiction;
• where Goods are delivered outside the United Kingdom, you are responsible for ensuring that importation of the Goods is lawful in the destination country; and
• the Goods are intended only for lawful use, consumption, collection or resale.
3.3 We reserve the right to refuse service, cancel an order, refuse delivery or require additional verification where we reasonably suspect fraud, unlawful activity, attempted circumvention of age-verification requirements or any breach of these Terms.
4. Orders and Acceptance
4.1 An order may be placed through our website, by email, by telephone, by pro forma invoice or through any other sales channel operated by us.
4.2 All Goods are offered subject to availability.
4.3 The placement of an order constitutes an offer to purchase the Goods and does not constitute acceptance by us.
4.4 We reserve the right, at our sole discretion, to refuse or cancel any order prior to dispatch.
4.5 A contract is formed only when:
• payment has been received in cleared funds; and
• we issue an order confirmation, dispatch confirmation or otherwise confirm acceptance of the order.
4.6 Where Goods become unavailable after an order is placed, we may cancel the order and provide a full refund of any monies paid.
4.7 Orders awaiting payment may be cancelled at our discretion if payment is not received within a reasonable period.
5. Pricing and Payment
5.1 Prices are quoted in pounds sterling (GBP) unless otherwise stated.
5.2 Where prices are displayed in currencies other than GBP, such prices are provided for guidance only. The amount charged may differ due to exchange-rate fluctuations, payment provider exchange rates and additional fees imposed by banks, card issuers or payment providers.
5.3 Product pages and shopping cart pages may display both VAT-inclusive and VAT-exclusive prices for information purposes.
5.4 The VAT treatment of an order will depend on the delivery destination and applicable tax laws. Any VAT payable will be calculated and displayed during checkout or specified on the relevant invoice.
5.5 Where Goods are exported outside the United Kingdom, UK VAT may not be chargeable. The customer remains responsible for any import VAT, customs duties, excise duties, local taxes, clearance charges or similar charges imposed by the destination country.
5.6 Full payment is required in cleared funds before dispatch unless otherwise agreed in writing.
5.7 Although we make reasonable efforts to ensure pricing accuracy, errors may occasionally occur. Where a pricing error is identified, we may:
• cancel the order and issue a refund; or
• contact you to offer the opportunity to proceed at the correct price.
We shall not be obliged to supply Goods at an incorrect price.
5.8 We reserve the right to amend prices, product descriptions and specifications at any time prior to acceptance of an order.
6. Condition of Collectible Spirits
6.1 The Whisky Source specialises in vintage, discontinued, collectible and secondary-market spirits.
6.2 Customers acknowledge that collectible spirits may exhibit characteristics consistent with age, storage, transportation and handling, including but not limited to:
• label wear;
• label creasing;
• label staining;
• scuffs and scratches;
• capsule wear or imperfections;
• wax imperfections;
• cracked or damaged wax seals;
• damaged presentation boxes;
• dented tubes;
• packaging wear;
• faded packaging;
• minor marks to bottles; and
• fill-level variation within accepted industry norms.
6.3 Such characteristics are normal features of collectible spirits and do not constitute defects.
6.4 Cosmetic imperfections, signs of age or packaging wear do not affect the authenticity or drinkability of the Goods and shall not give rise to any right of rejection, refund, compensation or price reduction.
6.5 Unless otherwise stated, photographs provided by us show the actual bottle being offered for sale.
6.6 Where multiple examples of the same item are held in stock, the photographs may show one representative example only.
6.7 Where the condition of the specific bottle to be supplied differs materially from the bottle shown in the photographs, we may provide photographs of the bottle intended for dispatch prior to shipment.
6.8 Where a customer purchases more than one bottle of the same item and the bottles are not identical in condition, we may provide photographs of the individual bottles intended for dispatch prior to shipment.
6.9 Minor differences in condition, packaging wear, fill level, labels, capsules, wax seals, presentation boxes or other age-related characteristics between individual examples of the same item shall not constitute defects.
6.10 Customers are encouraged to request additional photographs or condition information before placing an order if condition is of particular importance.
6.11 Fill levels may change over time as a result of age, evaporation and storage conditions and shall not constitute a defect where consistent with the age and nature of the Goods.
6.12 Variations in colour, sediment, cloudiness or other characteristics associated with age shall not constitute defects unless otherwise stated.
6.13 Where stock images are used, such images are provided for illustrative purposes only and do not form part of the description of the Goods.
7. Consumer Cancellation Rights
7.1 This section applies only to Consumers.
7.2 Subject to this section, Consumers have the right to cancel an order within fourteen (14) days of receiving the Goods without giving any reason.
7.3 To exercise the right to cancel, you must notify us by email or other clear written communication before expiry of the cancellation period.
7.4 Once cancellation has been notified, Goods must be returned to us within fourteen (14) days.
7.5 Goods must be returned in the same condition in which they were supplied, including all original packaging, presentation boxes, inserts, accessories and documentation.
7.6 You are responsible for the cost of returning cancelled Goods unless otherwise required by law.
7.7 We may make deductions from any refund to reflect any reduction in value resulting from handling beyond what is reasonably necessary to establish the nature, characteristics and functioning of the Goods.
7.8 Refunds will be issued to the original payment method within fourteen (14) days of receiving the returned Goods or receiving satisfactory evidence that they have been returned.
8. Delivery
8.1 Delivery charges and estimated delivery timeframes will be displayed during checkout, specified on the relevant invoice, or otherwise communicated before an order is accepted.
8.2 Any delivery timeframes provided are estimates only and are not guaranteed unless expressly agreed in writing.
8.3 We will use reasonable efforts to dispatch Goods within any estimated timeframe, but shall not be liable for delays caused by circumstances beyond our reasonable control.
8.4 Delays in delivery shall not entitle a customer to compensation, cancellation or refund except where required by law.
8.5 Customers are responsible for providing a complete and accurate delivery address.
8.6 We reserve the right to charge for additional delivery costs incurred due to incorrect delivery information, failed delivery attempts, refused deliveries or parcels returned by the courier.
8.7 Where a customer authorises a courier to leave Goods in a safe place or other designated location, delivery shall be deemed completed when the Goods are left in accordance with those instructions.
9. Risk and Ownership
9.1 Ownership of the Goods shall not pass until payment has been received in full.
9.2 For Consumer purchases, risk passes upon physical delivery to the Consumer or a person identified by the Consumer to receive the Goods.
9.3 For Trade Customer purchases, risk passes upon delivery to the delivery address provided by the Trade Customer.
9.4 Where a customer authorises delivery to a safe place or designated location, risk shall pass upon delivery to that location.
10. Customs, Duties and Import Charges
10.1 Where Goods are delivered outside the United Kingdom, all customs duties, excise duties, import VAT, local taxes, customs clearance charges, brokerage charges, storage fees and any other charges imposed by customs authorities shall be the sole responsibility of the customer.
10.2 Such charges are not included in our prices unless expressly stated otherwise.
10.3 We are not responsible for delays, inspections, seizures, refusals, storage charges, destruction orders or additional costs imposed by customs authorities or regulatory bodies.
10.4 Customers are responsible for ensuring that importation of Goods into the destination country is lawful.
10.5 Any refusal to pay customs duties, taxes, clearance charges or other import-related charges shall not entitle the customer to a refund.
10.6 Where Goods are returned due to customs issues, refusal of import, failure to complete customs clearance or refusal to pay applicable charges, we reserve the right to deduct all costs incurred from any refund otherwise payable.
11. Transit Damage Claims
11.1 Customers should inspect Goods promptly upon delivery.
11.2 Any alleged transit damage should be reported as soon as reasonably possible.
11.3 Customers must retain the Goods and all original packaging pending investigation of any claim.
11.4 In the event of an alleged transit damage claim involving a bottle, customers must retain the bottle and all original packaging and provide clear photographs of the bottle, including the capsule, closure, fill level and any visible damage.
11.5 We may request additional photographs, video evidence or other reasonable information where necessary to investigate a claim.
11.6 Customers must not dispose of, alter, empty, consume, repair or otherwise interfere with the Goods pending investigation of a transit damage claim.
11.7 Failure to retain the Goods or original packaging may affect our ability to investigate the claim and may result in the claim being rejected where the available evidence is insufficient to establish that the alleged damage occurred in transit.
11.8 Cosmetic imperfections consistent with the age, storage and nature of collectible spirits shall be assessed in accordance with Section 6 and shall not constitute transit damage.
12. Authenticity
12.1 We take reasonable care to source Goods from reputable suppliers, collectors, distributors, retailers, auction houses and other recognised industry sources.
12.2 Customers should notify us as soon as reasonably possible after becoming aware of any authenticity concern.
12.3 Customers must not destroy, consume, alter, open, rebottle, relabel or otherwise modify the Goods while an authenticity concern is being investigated.
12.4 We reserve the right to require independent examination, inspection or authentication before accepting any authenticity claim.
12.5 Where Goods are demonstrated to be materially misdescribed or not authentic, our liability shall not exceed the purchase price paid for the Goods.
13. Returns and Refunds
13.1 Nothing in these Terms affects any statutory rights available to Consumers.
13.2 Goods may not be returned without prior contact with us and agreement regarding the appropriate return procedure.
13.3 Returned Goods must be packaged appropriately and returned using a reputable tracked delivery service unless otherwise agreed.
13.4 Customers are responsible for any loss or damage occurring during return transit until the Goods are received by us.
13.5 Refunds will be made using the original payment method unless otherwise agreed.
13.6 We reserve the right to inspect returned Goods before determining any refund, replacement or other remedy.
13.7 No refund, replacement or compensation shall be available in respect of:
• cosmetic imperfections described in Section 6;
• characteristics consistent with the age, storage or nature of collectible spirits;
• packaging wear;
• label wear;
• minor box or tube damage;
• capsule imperfections;
• wax imperfections; or
• any condition issue accurately shown in photographs or otherwise disclosed before purchase.
13.8 Where a Consumer validly exercises a statutory cancellation right, refunds will be processed in accordance with applicable law.
13.9 We do not accept returns or provide refunds solely because the future market value, investment value or resale value of the Goods has changed after purchase.
14. Trade Customer Terms
14.1 This section applies only to Trade Customers.
14.2 Trade Customers are not entitled to cancellation rights available to Consumers under consumer protection legislation.
14.3 Trade Customers must inspect Goods immediately upon delivery.
14.4 Any claim relating to transit damage, shortages, incorrect Goods or delivery discrepancies must be notified to us in writing within twenty-four (24) hours of delivery.
14.5 The Trade Customer must retain all Goods, packaging and supporting evidence pending investigation of any claim.
14.6 Failure to comply with Section 14.4 may result in the claim being rejected.
14.7 Acceptance of delivery constitutes acceptance of the Goods except in respect of defects or discrepancies notified in accordance with Section 14.4.
14.8 Cosmetic imperfections, age-related wear, packaging wear, label wear, wax imperfections, capsule imperfections and other characteristics described in Section 6 shall not constitute defects.
14.9 Goods supplied to Trade Customers may not be returned without our prior written agreement.
14.10 Except where otherwise required by law, all sales to Trade Customers are final.
15. Limitation of Liability
15.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability which cannot lawfully be excluded.
15.2 Subject to Section 15.1, we shall not be liable for:
• loss of profit;
• loss of business;
• loss of contracts;
• loss of anticipated savings;
• loss of goodwill;
• loss of opportunity;
• loss of investment value;
• loss of future resale value;
• market fluctuations;
• changes in collector demand; or
• any indirect, consequential or special loss.
15.3 Goods are sold as collectible spirits and not as investments. We make no representation or warranty regarding future value, appreciation, rarity, liquidity or resale performance.
15.4 To the fullest extent permitted by law, our total liability arising out of or in connection with any order shall not exceed the amount paid for the Goods giving rise to the claim.
16. Fraud, Abuse and Investigation
16.1 We reserve the right to refuse refunds, replacements, compensation or other remedies where we reasonably suspect fraud, abuse, misrepresentation or other improper conduct.
16.2 We reserve the right to request photographs, video evidence, supporting documentation or any other reasonable information necessary to investigate a claim.
16.3 Any attempt to consume, empty, alter, repair, relabel, substitute, tamper with or otherwise interfere with Goods forming the subject of a claim may result in the claim being rejected.
16.4 We reserve the right to report suspected fraud, criminal activity or attempted fraud to payment providers, insurers, couriers, law enforcement agencies and other relevant third parties.
16.5 We reserve the right to refuse future orders from customers where we reasonably believe fraudulent, abusive or dishonest conduct has occurred.
17. Complaints
17.1 If you have a complaint, please contact us at [mail@thewhiskysource.co.uk](mailto:mail@thewhiskysource.co.uk) with full details of the issue.
17.2 We will endeavour to investigate complaints promptly and may request additional information to assist with the investigation.
18. Privacy and Crime Prevention
18.1 We may process personal information in accordance with our Privacy Policy.
18.2 For the purposes of fraud prevention, crime prevention, investigation of claims and compliance with legal obligations, we may share information with payment providers, insurers, couriers, law enforcement agencies, regulatory authorities and other relevant third parties where reasonably necessary.
19. Reviews, Comments and User Content
19.1 Users may submit reviews, comments and other content provided such content is not unlawful, defamatory, misleading, abusive, threatening, obscene, infringing intellectual property rights or otherwise objectionable.
19.2 We reserve the right, but not the obligation, to remove, edit, refuse or moderate any content submitted to us or published on our platforms.
19.3 By submitting content to us, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and distribute such content in connection with our business.
20. Governing Law and Jurisdiction
20.1 These Terms are governed by the laws of England and Wales.
20.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
21. Miscellaneous
21.1 If any provision of these Terms is held to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
21.2 No failure or delay by us in exercising any right or remedy shall constitute a waiver of that right or remedy.
21.3 We may update these Terms from time to time.
21.4 The version of the Terms in force at the time an order is placed shall apply to that order.
21.5 By placing an order, making payment or accepting delivery of Goods, you confirm that you have read, understood and agree to these Terms.