terms and condition

What these terms cover. These are the terms and conditions on which we supply products to you.

Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

– You are an individual.

– You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

– If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

In the Philippines it is illegal for:

– any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18; and

– an adult to buy (or to attempt to buy) alcohol for any person under the age of 18.

You may only purchase an alcoholic product from us if you are:

– at least 18 years old;

– not buying that product for any person or persons under the age of 18; and

– of legal age to purchase alcohol both in the country where you place the order and the destination country

You must check with the local authorities in the country where you place the order and the destination country to ensure that you will not be breaking any law or regulation by ordering alcohol from us. By placing an order to purchase a product, you promise to us that it is lawful for you to order the relevant product in the country where you place the order and for the recipient to receive the relevant product in the destination country. If you breach this promise, we may end our contract with you and charge you reasonable compensation for the net costs which we incur. We may deduct the compensation payment from the bank account which you used to pay for the product. We may make that deduction from that bank account in more than one payment.

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display will accurately reflect the appearance of the product. Your product may vary slightly from those images.

Product packaging may vary. The packaging of the product may vary from that shown in images on our website. Whether a product will be delivered complete with a box or any other product-specific outer packaging will depend upon a number of factors. Even a product which is pictured on our website with product-specific outer packaging may not be available with that packaging, as our suppliers do not always include product-specific outer packaging when delivering a product to us, and because the specifications of a product may change from time to time (in relation to which, see paragraph 5 below). If you want to receive product-specific outer packaging together with any product which you order, please contact us before you place your order so that we can check whether that product is available with product-specific outer packaging.

Changes to products. We may change a product from time to time to reflect changes in applicable laws and regulatory requirements or in order to implement minor technical adjustments and improvements. We do not anticipate that these changes will materially affect your use or enjoyment of the product.

How we will accept your order. When you place an order with us by email, or post, we will send you an email to acknowledge the order. Our acceptance of your order will take place when we email you to accept it and confirm that the relevant product has been dispatched to the address provided by you, at which point a contract will come into existence between you and us. We do not accept telephone orders of any sort.

If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the product.

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Products available for “pre-order”. If you order a product which we intimate as being available for “pre-order” or any similar expression or concept, we will seek to secure that product and dispatch it to you on or before any indicated expected date of dispatch. The actual availability of any such product and/or its date of dispatch is not guaranteed. See paragraph 5.8 below for our responsibilities when this happens.

Payment for “pre-order products”. We will take payment for the product as soon as you place an order, but we will not pay you any interest in respect of the period between the date on which you place an order and the date on which we confirm our acceptance of your order. We will confirm our acceptance of your order by sending you an e-mail that confirms that the products which you have ordered have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we email you the Dispatch Confirmation. Please note that any message which you may receive from any carrier or courier which confirms the delivery of a parcel into its system (or any similar message) is not the Dispatch Confirmation.

Cancellation of “pre-order products”. If you order a product which is highlighted as being available for “pre-order” or any similar expression or concept:

– you may cancel that order at any time before you receive a Dispatch Confirmation. If you choose to cancel your order, we will refund you the full amount (including any delivery costs charged) promptly;

– If we subsequently discover that we are unable to supply you with that product for any reason, we will not send you a Dispatch Confirmation but will advise you of its non-availability and refund the amount paid by you promptly.

Other products. If you order a product which is not highlighted as being available for “pre-order” or any similar expression or concept, we will confirm our acceptance of your order by sending you an e-mail that confirms that the products which you have ordered have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we email you the Dispatch Confirmation. Please note that any message which you may receive from any carrier or courier which confirms the delivery of a parcel into its system (or any similar message) is not the Dispatch Confirmation.

If we are unable to supply you with a product for any reason, we will not send you a Dispatch Confirmation but will inform you promptly and will not process your order. If you have already paid for the product which you have ordered, we will refund you the full amount (including any delivery costs charged) promptly.

If we enter into any communication with you in relation to any product that we consider may be available for purchase we are not committed or bound to supply or procure any such product or until we have received full payment from you and issued a Dispatch Confirmation in respect thereof.

Delivery costs. The costs of delivery will be as displayed to you on our website and during the check-out process.

When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing subscriptions, we will also tell you during the order process when and how you can end the contract.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Collection by you. If you have asked to collect the products from one of our shops, you can collect them from us at any time during our shop opening hours as displayed on our web site from time to time. For click and collect there is a lead time of up to 4 working days.

If you are not at home when the product is delivered. If no one is available at your address to take delivery and you give us no other instructions at the time of placing your order, our carriers will usually:

– leave your parcel in a safe place;

– leave your parcel with a neighbour; or

– leave you a note which informs you that they have attempted to deliver the product (if this happens, please contact the carrier and re-arrange delivery). If you have any specific delivery instructions, you should give them when you place your order for a product.

If you do not re-arrange delivery. If you do not collect the product(s) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and seek compensation from you for the costs we have incurred. We may deduct that compensation from the bank account which you used to pay for the product(s). We may make that deduction from that bank account in more than one payment.

When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address in the Philippines you gave us or you or someone else on your behalf collects it from us.

When you own goods. You own a product which is goods once we have received payment in full for the product and all applicable delivery charges, value added taxes, import duties, administration charges and taxes which are payable by us.

Delivery deadline. If we agree a delivery deadline with you in respect of any product and we miss that deadline, then you may cancel your order if either of the following apply:

– we have refused to deliver the product; or

– you told us before we accepted your order that delivery within the delivery deadline was essential, and your cancellation of the order must be communicated to us without delay. We may reject an order if you set a delivery deadline which we will not be able to meet.

If you do not wish to cancel your order immediately, or do not have the right to do so under paragraph 9, you can give us a new deadline for delivery, which must be reasonable and you can cancel your order if we do not meet the new deadline.

If you have the right to cancel your order for late delivery under paragraphs 9 or 7.10 above, you can do so for just one product or, if you have ordered more than one product, all of the products which are the subject of your order. If the product has been delivered to you, you will have to return it to us, and we will pay the costs of this. Please refer to paragraph 10 for more information about how to return a product to us.

You have a legal right to cancel any contract with us during the period set out in paragraph 3 below. This means that if, during the relevant period, you change your mind, you can cancel the contract and receive a refund.

Be aware that your right to cancel a contract if you change your mind does not apply in the case of a product which is sealed for health protection purposes which you unseal after you receive it.

Your legal right to cancel a contract starts from the date of the Dispatch Confirmation (the date on which we contact you to confirm your acceptance of your order), which is when the contract between us is formed. Your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out in the table below:

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0141 427 2919 or write to us at info@eliliquor.com or at our registered office. Alternatively, please speak to one of our staff in-store.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms or any terms implied by law, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you specifically discussed it with us during the sales process.

Product warnings Some products contain warnings about the way in which they are to be used, and by whom they are to be used. We are not responsible for any loss or damage which is caused as a result of you ignoring any such warnings which are reasonably obvious upon an examination of the product.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products