Terms and Conditions

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Last updated: March 9th, 2021

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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.

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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. We use a licensed third party in the UK to sell and distribute our products.

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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.

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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.

(PO box numbers or addresses will NOT be accepted as a delivery location).

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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.

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By submitting such information, you grant us the right to provide the

information to third parties for purposes of facilitating the completion

of Purchases.

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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.

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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.

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We may experience delays in updating information on the Service and

in our advertising on other websites.

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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.

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Worldwide Shipping: We ship directly using a third party distributor in the UK.

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*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. 

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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 this time. 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.

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*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. The customer then has the option to have the products shipped to them or pick up in store. Shipping and handling fees are extra.

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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 purchases worldwide with a tracking code. You will receive the tracking code as soon as the products are shipped.

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​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.

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Please note that although our third party distributor endeavors 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.

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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.

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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. 

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Force Majeure:

We won’t be held liable for any delays or failure in performance of any part of our Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

 

Please note that Secret Spirits cannot be held responsible for any delays or seizures by customs, law enforcement or any other third party, including couriers.  It is your duty to adhere to local customs, rules and laws for your own country.

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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.

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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.

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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.

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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.

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Indemnification

You agree to indemnify, defend and hold harmless Secret Spirits Ltd.,

its owners, principals, officers, directors, representatives, employees,

contractors, licensors, licensees, suppliers and agents, from and

against any claims, losses, damages, losses, obligations, costs,

actions or demands.

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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.

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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.

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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, USA EU or Europe. In such cases,

the provincial/state law shall apply to the extent necessary.

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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.

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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.

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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/State laws may apply to certain

products and service provided.

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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.

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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.