Terms & Conditions
Effective Date: January 1st, 2021
This website is operated by The Whisky Wallet. Throughout the site, the terms “we”, “us” and “our” refer to The Whisky Wallet. The Whisky Wallet offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
I. All prices are shown inclusive of VAT, exclusive of shipping.
II. Return shipping is at customer’s expense.
III. By ordering online, the buyer declares to have the legal age of 18 to buy and / or drink alcoholic beverages (EU).
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least of legal drinking age in your location. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. All prices quoted on www.thewhiskywallet.com are in Euros (EUR) unless otherwise stated. The consumer has the right to inform The Whisky Wallet that he/she renounces the purchase within one week of purchase, without payment of a fine and without giving a reason after ordering a specific product. The shipping costs associated with this; both shipping and return costs are in this case at the expense of the customer. If transport, reservation or administrative costs are charged, this will be stated separately. The price indication refers only to the articles as described verbatim. The accompanying photo is decorative and may contain elements or items that are not included in the price.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The Whisky Wallet is in no way liable in the event of material errors, typesetting or printing errors. We have the right to refuse orders, without stating reasons, to adjust the delivery times, to split the deliveries or to attach other conditions to the delivery.
Unless otherwise agreed, deliveries are made in accordance with the Incoterm® “Delivered At Place” (DAP) (Incoterms ® 2020) as standard at the delivery address specified by the Buyer. The transfer of risk for damage, destruction and disappearance with regard to the products therefore passes at the moment of effective delivery. At that moment, The Whisky Wallet is released from its delivery obligation.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6a – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.
SECTION 6b – DEFINITION OF PURCHASE
A purchase is made when the customer receives a confirmation email from The Whisky Wallet. The articles are delivered to the customer’s home at the address indicated in the confirmation email. The customer can choose between the following payment methods: PayPal, credit card, bank card, bank transfer and Payconic. Our safe payment providers are Paypal, Stripe and Mollie.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Whisky Wallet, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Whisky Wallet and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Belgian law. Belgian law applies, with the exception of the provisions of private international law on applicable law and also the Rome I Regulation on international sales contracts for movable property. In case of any disputes, only the courts of Antwerp are competent.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – RETENTION
The delivered items remain the exclusive property of The Whisky Wallet until full payment by the customer. However, the risk of loss or damage transfers to the customer as from delivery. If necessary, the customer undertakes to inform third parties of the retention of title of The Whisky Wallet, for example to anyone who would seize articles that have not yet been paid in full.
ARTICLE 21: PENALTIES FOR NON-PAYMENT
Without prejudice to the exercise of other rights that are available to The Whisky Wallet, the customer will owe interest of 10% per year on the unpaid amount from the date of the default by operation of law and without notice, in the event of late or non-payment. In addition, the customer is legally and without reminder owed a flat-rate compensation of 10% on the amount involved, with a minimum of 20 euros per invoice. Without prejudice to the foregoing, The Whisky Wallet reserves the right to take back unpaid or fully paid items.
ARTICLE 22: COMPLAINTS
Any visible damage and/or qualitative shortcoming of an article or other shortcoming on delivery must be reported immediately, under penalty of forfeiture of any right.
ARTICLE 23: WARRANTY
Legal warranty (only for consumers) Under the Act of 21 September 2004 on the protection of consumers when selling consumer goods, the consumer has legal rights. Each item is subject to the legal warranty from the date of purchase by (if applicable delivery to) the first owner. Any commercial warranty is without prejudice to these rights.b. General To invoke the warranty, the customer must be able to present the proof of purchase. For items purchased online and delivered to the customer’s home, the customer must contact The Whisky Wallet customer service in advance, after which the customer must return the item to The Whisky Wallet at his own expense.
Any defect must be reported within 1 month of its discovery. Afterwards, any right to repair or replacement lapses. The (commercial and/or legal) warranty never applies to defects arising from accidents, neglect, falls, abnormal or incorrect use, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or changes to the item, heavy use, poor maintenance, abnormal or incorrect use. Nor does it apply to articles with a shorter life span, or wear items. Defects that manifest themselves after a period of 1 month following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Client proves otherwise. The warranty is not transferable.
ARTICLE 24: WITHDRAWAL PERIOD
The consumer has the right to inform The Whisky Wallet that he renounces the purchase, without payment of a fine and without giving a reason within 7 days from the day following the delivery of the product. Customers who wish to exercise the right of renunciation must contact The Whisky Wallet customer service within 7 days of delivery and return the goods at their expense to, The Whisky Wallet within 14 days of delivery of the goods. Goods with a sales price of 100 Euro or more must be returned to us by courier (DHL, DPD, Fedex, etc.). Only items that are in the original and undamaged packaging, together with all accessories, can be taken back. The shipping costs in this case are borne by the buyer. For more detailed information view our return policy.
Will in no case be taken back:
- Used, soiled, damaged or incomplete items
- Bottles must be in perfectly original packaging with an original seal
- Items whose packaging (or part of it) that have been opened
ARTICLE 25: AFFECT OF VALIDITY – NON-RENUNCIATION
Should any provision of these Terms and Conditions be declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions. Failure at any time by The Whisky Wallet to enforce any of the rights listed in these terms and conditions, or to exercise any right thereof, will never be regarded as a waiver of such provision and will never affect the validity of these rights.
ARTICLE 26: EVIDENCE
The customer accepts that electronic communications and backups can serve as evidence.
ARTICLE 27: TERMS OF DELIVERY
By ordering online, the buyer declares to The Whisky Wallet the legal age of 18 years to buy and/or drink alcoholic drinks.
ARTICLE 28: ENTERING PERSONAL DATA
The customer is responsible for entering the correct delivery address. If the address details are incorrect or incomplete, the costs of resubmitting the order will be borne by the buyer. Because certain products are very exclusive and to a limited extent available, we reserve the right to grant a maximum number for a sale. The offer on the site is adjusted at very regular intervals. Nevertheless, it is possible that certain products are no longer for sale. The overpaid amount will then be refunded as quickly as possible.
The Whisky Wallet
Whisky Vault & Fulfillment center:
Please find herewith a direct link to our other applicable policies: