Terms and Conditions
Last updated: February 23, 2019
These Terms and Conditions ("Terms", "Terms and Conditions")
govern your relationship with websites
(the "Service") operated by Secret Spirits Ltd. ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the
Service.
Your access to and use of the Service is based on your acceptance of
and compliance with these Terms. These Terms apply to all visitors,
users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms and accept all legal consequences. If you do not agree to
these terms and conditions, in whole or in part, please do not use the
Service.
REGISTRATION OBLIGATION
If you choose to register with SECRET SPIRITS for the purchase of goods, you agree to: (i) provide true, current and complete information about yourself, online; and (ii) maintain and promptly update on-line information about yourself to keep it true, current and complete.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the "Materials") contained in the SECRET SPIRITS Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, SECRET SPIRITS and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part, without the prior written consent of SECRET SPIRITS.
TRADE-MARKS
Certain names, words, phrases, logos, marks and designs that appear on SECRET SPIRITS Websites (including, without limitation, "SECRET SPIRITS", “SCOTCH WHISKY ADVENT CALENDAR”, “RUMS REVENGE”, “THE RUMS REVENGE”, “EASY WHISKEY”, “THE EASY WHISKEY” and related words and logos) are official marks, trade-marks or trade-names of SECRET SPIRITS in Canada. SECRET SPIRITS is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on a SECRET SPIRITS Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of SECRET SPIRITS. The names of other companies, products and services referred to on a SECRET SPIRITS Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of SECRET SPIRITS or of third parties without the prior written consent of the applicable party is strictly prohibited.
Purchases
If you wish to purchase any product or service made available through
the Service ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including, without limitation,
your credit card number, the expiration date of your credit card, your
billing address, email, first and last name, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct
and complete.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion
of Purchases.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly
update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of
any information, including prices, product images, specifications,
availability, and services. We reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any
time without prior notice.
Despite our best efforts, the products or services available on our
Service may have an error regarding the price, be inaccurately
described, or be unavailable.
We may experience delays in updating information on the Service and
in our advertising on other websites.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Service may be governed
by rules that are separate from these Terms. If you participate in any
Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms, the
Promotion rules will apply.
Promotions may be available for a limited time.
Legal Age of Buyers
By accessing our website, and/or in registering to use this website, as a Buyer, you confirm that you are the Legal Age in your resident country.
Any alcohol may only be purchased by persons who are the Legal Age and will only be consumed by persons who are the Legal Age.
At delivery to the Buyer, any shipment containing an alcoholic beverage will require the signature of persons who are the Legal Age. Proof of age may be required.
We reserve the right to ask first time Buyers for identification to prevent fraud and/or underage purchases.
Indiegogo Campaign
Secret Spirits is a manufacturer and producer of spirits related products. We are also an importer and distributor in Canada and are based in Alberta.
Worldwide Shipping: We ship directly from our assembly plant in the UK to the U.S. and the rest of the world.
*United States: Some states do not allow shipping of alcohol. Period. It is the buyers responsibility to check the alcohol regulations in their own state before ordering. Secret Spirits is not obligated to issue refunds due to restrictive state laws. The buyer does however have the option of shipping to an alternate state. An alternate address must be supplied at the time of ordering.
NEW as of August 1st 2019: No U.S. citizen can personally receive alcohol from overseas. We have hired a broker/importer in the UK to legally ship for us.
NEW as of October 11th 2019: Due to the new, ever-changing restrictive U.S. government laws concerning the shipping of alcohol to individuals, we cannot guarantee shipping/duty/tax rates at time of check-out. You might be charged extra to cover the above charges. Also, any extra duties or taxes are the responsibility of the consumer once the product has arrived in the United States.
*Alberta, Canada: To comply with the regulations set down by the Alberta Gaming and Liquor Commission, Secret Spirits products are required to be "purchased" through a licensed retailer in Alberta. This does not prohibit us from working with multiple retailers to allow consumers to pre-order or commit to our limited edition products. Due to these regulations, Secret Spirits will refund any campaign contributions from Albertans given for any alcohol related perks. The funds can then be utilized to purchase the products from a choice of several retailers licensed in Alberta. The customer then has the option to have the products shipped to them or pick up in store. Shipping and handling fees are extra.
Risks and challenges
We have worked extremely hard to create this product, launch it on Indiegogo, find a manufacturing partner and do the fulfillment, but here are what we see as the risks:
MANUFACTURING: The manufacturer is lined up, and we have quality assurance people on site during production. We've done this before and everything this year looks good.
FULFILLMENT/SHIPPING: We never know, but we might get insanely busy and stuff happens that can’t be planned for: a supplier misses a deadline, customs clearance or a shipment gets lost. Those things could cause a delay. We work with our fulfillment partner directly in the UK that will ship your rewards worldwide with a tracking code. You will receive the tracking code as soon as the rewards are shipped.
OUR PROMISE TO YOU: We understand that no campaign comes without challenges. Despite our planning, there are circumstances that may be out of our control. We promise to communicate with transparency and work to resolve any issues in a timely manner.
Shipping
For all deliveries outside of the EU, UK VAT will not be charged. However, your order will be subject to local sales taxes and duties upon arrival in your chosen country, which are levied at the time the package clears customs. All additional charges are the responsibility of the recipient. As customs policies vary widely from country to country, Secret Spirits has no control over these charges, so you should contact your local customs office for further information.
Refusal to pay the local import duties and taxes will result in the goods either being:
-
destroyed by customs; or
-
goods being returned to sender at the cost of the consignee (costs will be deducted from any refund owed).
If your order is being held by your local customs office, you will be able to determine this from the information viewable through the tracking process.
Please note that although we endeavour to ship to as many locations as possible, we are not liable to ship or deliver to all locations. If you are unsure if we can ship to your location, please contact us in advance of placing any order.
We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.
Please note whisky bottles in transit cannot be insured by the courier. By paying for our products, you accept that Secret Spirits has no responsibility or liability for breakages or leakages.
Before signing for the goods all parcels are to be checked carefully. If the package is damaged or wet, sign the courier's sheet in accordance with the actual condition. It is not sufficient to sign "unexamined". A written complaint must be made to the carriers and the senders immediately, otherwise no claim can be considered.
The recipient is liable to pay all shipping and handling charges pertaining to returns and exchanges. Returns and exchanges will be handled on a case by case bases.
Please note that Secret Spirits cannot be held responsible for any delays or seizures by customs or any other third party, including couriers. It is your duty to adhere to local custom, rules and laws for your own county.
Secret Spirits reserves the right to update delivery charges as required.
Returns and Exchanges
We are happy to exchange product(s) if the product is faulty as long as we are informed of your intention to return the product(s) within seven working days of the goods being delivered and where you accept the cost of returning the item and insurance where appropriate. A full refund will only be given where the goods are received in the same condition as when they were shipped by us.
Please note that if you are exchanging a product that is more than the value of the replacement product, we will refund the difference via your original payment method.
If you are exchanging a product that is less than the value of the replacement product, additional payment will be required.
Upon exchanging a product, you will be liable to pay a new shipping and handling charge. Please retain your original invoice as this may be asked for as proof of purchase. We will bill your credit card for the new merchandise and process your credit for returned merchandise as soon as we receive it.
Intellectual Property
The Service and all contents, including but not limited to text, images,
graphics or code are the property of Secret Spirits Ltd. and are
protected by copyright, trademarks, database and other intellectual
property rights. You may display and copy, download or print portions
of the material from the different areas of the Service only for your
own non-commercial use, or to place an order with Secret Spirits Ltd..
Any other use is strictly prohibited and may violate copyright,
trademark and other laws. These Terms do not grant you a license to
use any trademark of Secret Spirits Ltd. or its affiliates. You further
agree not to use, change or delete any proprietary notices from
materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that
are not owned or controlled by Secret Spirits Ltd..
Secret Spirits Ltd. has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party web
sites or services. You further acknowledge and agree that Secret
Spirits Ltd. shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or
services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy
policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately,
without prior notice or liability, for any reason whatsoever, including,
without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Upon termination, your right to use the Service will immediately
cease.
Indemnification
You agree to indemnify, defend and hold harmless Secret Spirits Ltd.,
its principals, officers, directors, representatives, employees,
contractors, licensors, licensees, suppliers and agents, from and
against any claims, losses, damages, losses, obligations, costs,
actions or demands.
These include but are not limited to: (a) legal and accounting fees
resulting from your use of the Service; (b) your breach of any of these
Terms; and (c) anything you post on or upload to the Service.
Limitation Of Liability
Secret Spirits Ltd., its directors, employees, partners, agents,
suppliers, or affiliates, shall not be liable for any loss or damage,
direct or indirect, incidental, special, consequential or punitive
damages, including without limitation, economic loss, loss or damage
to electronic media or data, goodwill, or other intangible losses,
resulting from (i) your access to or use of the Service; (ii) your inability
to access or use the Service; (iii) any conduct or content of any third-party
on or related to the Service; (iiv) any content obtained from or
through the Service; and (v) the unauthorized access to, use of or
alteration of your transmissions or content, whether based on
warranty, contract, tort (including negligence) or any other claim in
law, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed
of its essential purpose.
Disclaimer And Non-Waiver of Rights
Secret Spirits Ltd. makes no guarantees, representations or
warranties of any kind as regards the website and associated
technology. Any purportedly applicable warranties, terms and
conditions are excluded, to the fullest extent permitted by law. Your
use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without
warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular
purpose, non-infringement or course of performance, except as
provided for under the laws of any province in Canada. In such cases,
the provincial/state law shall apply to the extent necessary.
Secret Spirits Ltd. its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or defects will
be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your
requirements.
If you breach any of these Terms and Secret Spirits Ltd. chooses not
to immediately act, or chooses not to act at all, Secret Spirits Ltd. will
still be entitled to all rights and remedies at any later date, or in any
other situation, where you breach these Terms. Secret Spirits Ltd.
does not waive any of its rights. Secret Spirits Ltd. shall not be
responsible for any purported breach of these Terms caused by
circumstances beyond its control. A person who is not a party to these
Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your
rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of
certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may
not apply to you. Provincial laws of Canada may apply to certain
products and service provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in
accordance with, the laws in the Province of Alberta and the laws of
Canada, UK, Europe, Asia and the United States as applicable.
If any provision of these Terms is held to be invalid or unenforceable
by a court of competent jurisdiction, then any remaining provisions of
these Terms will remain in effect. These Terms constitute the entire
agreement between us regarding our Service, and supersede and
replace any prior agreements, oral or otherwise, regarding the
Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material we will make reasonable
efforts to provide at least 30 days' notice prior to any new terms taking
effect. What constitutes a material change will be determined at our
sole discretion.
By continuing to access or use our Service after those revisions
become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, in whole or in part, please stop using
the website and the Service.