Elixir Distillers is a company registered in England and Wales with the following details:
Company No. 09681748
Registered & Trading office: Elixir Distillers Ltd, Alchemy House, 45 Park Royal Road, London, NW10 7LQ, United Kingdom.
Any use of this website operated by Elixir Distillers at blacktot.com 'the site' is conditional on your acceptance of these terms and conditions of use and extends to our stated privacy policy.
We reserve the right to amend these Terms and Conditions from time to time without notice and at our sole discretion. As such, it is your responsibility to review these stated Terms and Conditions at regular intervals.
We reserve the right to amend, modify, discontinue or suspend all or part of this site and may restrict your access to all or part of 'the site' at any time without notice or liability.
This site is intended to be used and accessed only by individuals of legal drinking age in their country of residence or in the country from which you are accessing 'the site'.
If you do not fall into either category, or having read and for any reason do not agree with or cannot abide by these Terms and Conditions, including our privacy policy, please exit this site immediately.
Definitions
All references to 'you &/or your' means you and 'we, us or our' means Elixir Distillers of Alchemy House, 45 Park Royal Road, London, NW10 7LQ. 'the site' means blacktot.com
Rights
All rights in all content including but not limited to copy, images, software (including code, interface and website structure) and the design, look and feel, and format of 'the site' are owned by us. You agree that you are permitted to use material and/or content only as set out in these Terms and Conditions. No other use is permitted without express authorisation by us in writing and, where given, you agree not to, in part or full, copy, transmit, distribute, exploit commercially, amend, translate, share with or make available to any other person any such material or content or create derivative works of such material or content.
Intellectual Property
We are the sole owners and authorised users of all trademarks, service marks, design marks, patents, copyrights, database rights, image rights for photographs contained on 'the site' and all other intellectual property appearing on or contained within 'the site' including but not limited to the page design and layout and the source code. Except where provided for under these Terms and Conditions, use of 'the site' does not grant any right, title, interest or license to you of any such intellectual property and any use or reproduction of the intellectual property is prohibited.
Copying
You are welcome to print hard copies of material from 'the site' solely for your lawful, personal and non-commercial use. All other copying in whatever form, whether electronic, hard copy or any other format or use for commercial purposes without our prior written consent, is prohibited. All other rights are reserved.
No photography, imagery, text, source code or any other material shown on the Black Tot website (blacktot.com) may be used in any circumstances for commercial purposes, nor may any of our material herein be altered, cropped, transformed, built upon, or in any other way changed or reproduced, whether from our own websites or copied from third party websites in breach of this condition themselves or otherwise redistributed without our prior written permission.
You may not engage in any price scraping or price harvesting in respect of products on 'the site' without our prior written consent.
Terms of use relating to 'the site'
You must not misuse 'the site' by knowingly introducing viruses, Trojans, worms, logic bombs or any other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to 'the site', the server on which 'the site' is stored or any server, computer or database connected to 'the site'. You must not attack 'the site' in any way whatsoever, including via a denial of service attack or a distributed denial of service attack.
By breaching this provision you would be committing a criminal offence under the Computer Misuse Act 1990. We will report all such breaches to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use 'the site' will cease immediately.
You may link to the home page of 'the site' provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation or establish a link in such as way that suggests any form of association, approval or endorsement on our part where none exists.
'The site' must not be framed on any other website nor may you create a link to any part of 'the site' other than the homepage. We reserve the right to withdraw linking permission at any time without notice or reason.
Terms of use relating to Public Forums
'The site' may contain a number of active services or links to similar such services collectively termed 'Public Forums' which may allow you to post, transmit or submit information. While all submitted content is reviewed prior to posting, we take no responsibility for the accuracy of any information posted on 'the site' nor do we accept liability for any loss or damage suffered by you by whatever means as a result of use or disclosure of such material.
Through use of 'the site', you acknowledge and agree that all material(s) submitted does not infringe any other persons intellectual property rights and is not vulgar, obscene, defamatory, offensive, malicious, discriminatory or unlawful in anyway and that you grant us a royalty-free, worldwide exclusive and perpetual right and licence to use and reproduce such material in any way, in whole or part, for any purpose by whatever means. Elixir Distillers reserves the right to delete any contribution, or take action against any Elixir Distillers account, at any time, for any reason.
Third-party websites
You acknowledge and agree that we are not responsible for any content of any third-party websites or material you may access through 'the site'.
We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material. You acknowledge and agree that we are not responsible or liable either directly or indirectly for any damages, loss or costs incurred in connection with your use of or reliance of any such content, advertising, products or services on or available from such websites.
Any dealings between you and any third-party advertisers or merchants which referred you to our site or services, including promotions offered, products advertised as in stock, payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings are made between you and the relevant advertiser or merchant. Consequently, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
Continuity of access/service
'The site' may contain a number of active services or links to similar such services collectively termed 'Public Forums' which may allow you to post, transmit or submit information. While all submitted content is reviewed prior to posting, we take no responsibility for the accuracy of any information posted on 'the site' nor do we accept liability for any loss or damage suffered by you by whatever means as a result of use or disclosure of such material.
Through use of 'the site', you acknowledge and agree that all material(s) submitted does not infringe any other persons intellectual property rights and is not vulgar, obscene, defamatory, offensive, malicious, discriminatory or unlawful in anyway and that you grant us a royalty-free, worldwide exclusive and perpetual right and licence to use and reproduce such material in any way, in whole or part, for any purpose by whatever means. Elixir Distillers reserves the right to delete any contribution, or take action against any Elixir Distillers account, at any time, for any reason.
Your responsibility
It is your responsibility to verify all information set out on 'the site' with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from 'the site' and to ensure the compatibility of such software with your equipment.
No liability
Unless where expressly provision for in law we disclaim all liability for any loss, cost or damage (incurred directly, indirectly, consequentially or otherwise) suffered by you as a result of your use of 'the site' including but not limited to computer viruses or distributed denial of service attack transmitted through 'the site' or from third-party sites accessed through 'the site' whether such loss, cost or damage arises from our negligence or otherwise whether or not we expressly informed of the possibility of such loss or damage.
Indemnity
If you are a business user, you agree to indemnify us immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of 'the site'.
Termination
We reserve the right immediately to suspend or terminate your use of 'the site' if you breach or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.
We may also remove 'the site' as a whole or any sections or features of 'the site' at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions.
Identity Verification
To ensure that your credit, debit or charge card is not being used without your consent and you are over the age of 18, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions, you consent to such checks being made.
In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Product Condition, Availability and Pricing
We endeavour to ensure the accuracy of the information on 'the site'. Should a product be unavailable, we will endeavour to inform you of this promptly. Prices and specifications can change without notice and products are subject to availability.
Please note that with older bottlings, the cork/closure may have deteriorated, so care should be taken when opening. As such, we cannot guarantee the condition of a bottle's closure and the item is sold as described.
From time to time, we may feature promotions or offers on 'the site'. Each offer shall be subject to its own express terms and may not be available in all jurisdictions.
All special-offer prices and discounts shown on the website are inclusive of statutory United Kingdom Value Added Tax (VAT) at 20%. Orders being delivered to destinations outside of the European Union will receive an equivalent discount exclusive of VAT for all offers.
Any non-sterling prices displayed on the website using the site's multiple currency feature are subject to constantly changing exchange-rate fluctuations, and as such may differ from one day to the next.
Privacy
We take steps to protect your privacy and comply with all applicable UK data protection legislation in place at the time of your use of 'the site' in respect of any personal information relating to you gathered by us.
The data we collect from you is used solely for the purpose of fulfilling your order or sending you the newsletter. You may be asked to input information about yourself on different pages of 'the site'. We will never disclose your personal information to any other parties without your consent except as set out in our Privacy Policy or to verify your identification as above. Your credit card information is not retained and is completely removed from our system after your order is processed or cancelled. You have every right to know what information has been held in our system.
Customs & Import Duties
Alcohol products sold from Black Tot through The Whisky Exchange are subject to UK taxation. If we are sending products to an address within the European Union (EU), prices are subject to Value Added Tax (VAT). This applies to all countries that make up the EU except for Germany and Sweden where UK alcohol tax and VAT are deducted and local alcohol taxes and VAT are added at the time of sale.
If we are shipping to an address outside the EU, we will not charge VAT. However your order will be subject to local taxes and duties upon arrival in the recipient's country, which are levied once the package reaches customs clearance.
Any additional charges for customs clearance must be borne by recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you will need to contact the recipient's 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 we are shipping to an address in the US, India or Russia, customs charges will be calculated and added to your order at the time of checkout so that can we complete the customs clearance procedure as soon as it arrives in the destination country. Your order will not be subject to any further customs charges.
Entire Agreement
These Terms and Conditions, including our Privacy Statement, constitute the entire agreement between you and us and supersede all previous statements and understandings whatsoever between us. Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision under these Terms and Conditions is found in law to be unenforceable all other provisions of these Terms and Conditions shall remain in full force and effect. We reserve the right to cede, assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to a third party.
Law & Jurisdiction
These Terms and Conditions, including the Privacy Statement and any matter relating to 'the site' shall be governed by English law in particular the Licensing Act 2003 in relation to minimum legal age.
Any legal proceeding arising out of or relating to these Terms and Conditions against or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of the English courts and you irrevocably consent to the jurisdiction of such courts.