0131 564 0761
sales@rbdistillers.com

Terms & Conditions

These terms and conditions form the basis on which you can visit us and our website.  Please read them carefully as they contain important information.

View our general terms and conditions

General terms and conditions

This site is owned and operated by R&B Distillers Limited of 23 Manor Place, Edinburgh, EH3 7DX, Scotland. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at sales@rbdistillers.com or 0131 564 0761.

  1. The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

  1. Acknowledgement of your order

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you automatically by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

  1. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to R&B Distillers Limited. Any use  of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

  1. Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

R&B Distillers reserves the right to amend these terms and conditions at any time.

  1. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

  1. Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

  1. Ordering errors

You are able to correct errors on your order up to the final point during the ordering process.

  1. Price

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

  1. Payment terms

We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

  1. Delivery charges

Delivery charges vary according to the type of goods ordered.

  1. Delivery

11.1      Our delivery charges are set out in the product details of our online shop in our website.

11.2     You will in some cases be required to pay extra for delivery and it might not be possible for us to deliver to some locations.

11.3     Please note that we are only able to guarantee delivery to addresses within the United Kingdom, and orders from outside the UK are subject to service & shipping charges. If ordering from outside the UK please contact us at sales@rbdistillers.com or on 0131 564 0761.]

11.4      We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

11.5      You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

  1. Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

  1. Cancellation rights

13.1      Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

13.2      Should you wish to cancel your order please notify us in writing by any durable medium (for example letter sent by post e-mail).

13.3      You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order).

13.4      If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

13.5      Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

13.6      We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or opening the goods prior to cancellation)

  1. Cancellation by us

14.1      We reserve the right not to process your order if:

14.1.1   We have insufficient stock to deliver the goods you have ordered;

14.1.2   We do not deliver to your area; or

14.1.3   One or more of the goods you ordered was listed at an incorrect price due to a typographical or other error.

14.2      If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

  1. If there is a problem with the goods

15.1      If you have any questions or complaints about the goods please contact us.  You can do so at 0131 564 0761, or sales@rbdistillers.com.

15.2      We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

15.3      If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) allow us to collect them from you.  We will pay the cost of postage or collection.

  1. Liability

16.1      Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

16.2      We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions.  We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

16.3      Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

16.4      You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site.  The importation or exportation of certain of our goods to you may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the goods you purchase.

16.5      Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.   You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

  1. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (23 Manor Place, Edinburgh, EH3 7DX, Scotland) and all notices from us to you will be displayed on our website from time to time.

  1. Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

  1. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scottish law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland. All contracts are concluded in English.

  1. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

  1. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

  1. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

View our Na Tùsairean Whisky Club terms and conditions

DEFINITIONS

Supplier: R&B Distillers Limited.

Member: Any person having purchased all or part of a membership to Na Tùsairean Club.

First 100 Casks: the first 100 casks distilled at the Isle of Raasay Distillery for the purpose of           bottling for Na Tùsairean Club members.

Production Date: The date on which spirit for the First 100 Casks is distilled at the Isle of Raasay Distillery.

Delivery Location: The address supplied by the Member for delivery of all tangible Na Tùsairean Club benefits including but not limited to whisky.

Membership Price: The price paid by the Member for benefits set out in clause 1. for Na Tùsairean Club.

  1. MEMBERSHIP OF THE NA TÙSAIREAN CLUB ENTITLES THE MEMBER TO RECEIVE:

1.1 Memberships Commencing Prior to Bottling of the First 100 Casks (pre-2020):

following the bottling of the miniature bottles delivery of 2 miniature bottles (being 5cl each) of Raasay While We Wait single malt at a time determined at the discretion of the Supplier each year of membership until the First 100 Casks are bottled; and

following the bottling of the 70cl bottles delivery of one 70cl bottle of Raasay While We Wait single malt at a time determined at the discretion of the Supplier each year until the First 100 Casks are bottled.

1.2 Membership Commencing After Bottling of the First 100 Casks (post-2020):

following the bottling of the miniature bottles delivery of 2 miniature bottles (being 5cl each) of whisky from the First 100 Casks at a time determined at the discretion of the Supplier after each of the third to the tenth anniversary dates (inclusive) of the Production Date (being an aggregate of 14 bottles over a seven-year period): and

following the bottling of the 70cl bottles delivery of one 70cl bottle of whisky from the First 100 Casks at a time determined at the discretion of the Supplier after each of the third to tenth anniversary dates (inclusive) of the Production Date (being a total of 8 bottles of whisky over a 8-year period).

The Whisky delivered each year to the Member will be aged according to the anniversary year of the Production Date. For example, the whisky delivered after the fourth anniversary date will be whisky aged no less than 4 years and the whisky delivered after the seventh anniversary date will be whisky aged no less than 7 years.

All membership payment options are entitled to a personalised welcome pack and annual accommodation at the Isle of Raasay Distillery.

The Supplier will use all reasonable endeavours to deliver the miniatures and 70cl bottles of whisky to the Member as soon as possible following the Production Date and subsequent anniversaries thereof, and in any event no later than 12 months following the Production Date and subsequent anniversaries thereof.

  1. BORODALE HOUSE ACCOMODATION

Members are entitled to one-night accommodation per year of membership at the Isle of Raasay Distillery’s Borodale House members’ en-suite rooms subject to availability for any given date.

Accommodation offer is for the named member and one room-sharing guest.

All rooms must be booked in advance by contacting R&B Distillers via email or by telephone.

R&B does not guarantee any member availability on any given date, all accommodation bookings are subject to availability, this means members may not be able to stay during their chosen period, especially at peak times of year.

Members are entitled to stay at Borodale House free of charge for a maximum of 2 nights per year at 2 or more years of membership.

Additional nights can be purchased subject to availability at £200 per night.

  1. PRICE AND PAYMENT

The Membership Price for entry into Na Tùsairean Club Members resident in the United Kingdom (“Membership Price”) is (i) £1999.00 (inclusive of VAT), payable immediately in one single instalment to the Supplier on the date that the Member’s Order is accepted by the Supplier or

Over 10 months at £199.90 (inclusive of VAT) per month payable in ten equal monthly instalments to the Supplier commencing on the date that the Member’s Order is accepted by the Supplier

On expiry or termination or cancellation by the Member of this Contract for any reason, or by the Supplier, the Supplier will not be obliged to refund all or any part of the Membership Price to any Member, except in the case of cancellation under clause 7. of where a refund is made. The Membership Price is inclusive of the cost of bottling the whisky and, provided that the Member’s Delivery Location is within the United Kingdom, the costs and charges of packaging, insurance, any applicable taxes and duty and delivery of the Goods.

Payment must be made in advance for other countries at the advertised price for that country. The Supplier shall invoice those Members with a Delivery Location outside of the United Kingdom for the delivery costs of the Whisky prior to delivery. The Member shall pay the invoice in full and in cleared funds within 30 days of the date of the invoice to the bank account nominated in writing by the Supplier. The Supplier shall not deliver the Whisky until such payment is made. It shall be the full responsibility of the Member to pay in full any taxes, duties and other relevant sums due in connection with the importation of Whisky to their Delivery Location outside of the United Kingdom.

3.1 Forfeiting Your Membership

Should a member fail to make a scheduled instalment payment a statement will be issue on behalf of R&B Distillers Limited for payment within the next calendar month and benefits will be held until receipt of payment.

If the member fails to make payment after the end date of the statement issued, their membership to Na Tùsairean Club will be forfeited and all future benefits for the remainder of the 10-year membership period will be withheld.

  1. RAASAY WHILE WE WAIT BOTTLINGS

Members are entitled to one bottle of Raasay While We Wait single malt each year from the beginning of their membership period until the First 100 Casks are bottled. It is intended by the Supplier that members will receive one 70cl bottle of Raasay While We Wait and two miniatures (at 5cl each) annually on commencement of membership and each subsequent year within a time period determined at the discretion of the Supplier

  1. FIRST 100 CASKS BOTTLINGS

It is intended by the Supplier that the first bottles of Whisky will be filled from the Casks within a time period determined at the discretion of the Supplier but planned for the year 2020 following the third anniversary of the production date and that each subsequent year, for the following seven years, the Supplier will bottle the Whisky as follows:

within a time period determined at the discretion of the Supplier following each of the third to tenth anniversary dates (inclusive) of the Production Date the Supplier will bottle from the Casks sufficient miniature bottles of 5cl of three to ten-year-old Whisky to meet the Na Tùsairean Club requirements; and

within a time period determined at the discretion of the Supplier following each of the third to tenth anniversary dates (inclusive) of the Production Date the Supplier will bottle from the Casks sufficient 70cl bottles of one to ten-year-old Whisky to meet the Na Tùsairean Club requirements.

  1. DELIVERY

The Supplier shall deliver the Whisky to the location set out in the Order or such other location as the Member may notify the Supplier in writing from time to time at any time, at the discretion of the Supplier, within twelve months of each anniversary date of the Production Date for the First 100 Casks or of the anniversary of last receipt of Raasay While We Wait prior to bottling the First 100 Casks.

Delivery of the Whisky shall be completed on the arrival of the Whisky at the Delivery Location, whereby title to and risk in the Whisky shall pass to the Member. In the event that glass is broken in transit prior to delivery, the member must promptly notify the Supplier in writing, and in any event no later than seven days after the date of delivery and provided prompt notification is received within the time period stated, the Supplier shall arrange for delivery of a replacement and may request that the Member return the broken bottle of Whisky at the cost of the Supplier.

The Supplier shall not be liable for any delay or failure in delivery of the Whisky that is caused by any event beyond its reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or default of subcontractors (“Force Majeure Event”) or which is caused by the Member’s failure to provide the Supplier with adequate delivery instructions, a correct delivery address or any other instructions that are relevant to the supply of the Whisky.

In the event of the Supplier’s total and ongoing failure to perform, and to be able to perform in future, the Contract in the event of an irremediable Force Majeure Event (including but not limited to total destruction of the Whisky and/or the Casks) no Member shall have the right to terminate this Contract and/or obtain a refund of the Membership Price (defined below) whether pro-rata or otherwise, but the Supplier retains the right to either (i) refund such proportion of the Membership Price that relates to Whisky yet to be supplied or (ii) deliver alternative bottles of whisky to Members.

The Supplier will endeavour to notify all Members of an upcoming delivery, however, if the Member fails to accept delivery of the Goods within two attempts at delivery by the Supplier, then the Supplier shall return the Whisky to its premises and attempt to contact the Member by email or telephone to arrange delivery (“Last Attempt”). In the event of contact with the Member, any further delivery costs for such re-delivery of the Whisky shall be borne by the Member. If contact is not made within 90 days following the Last Attempt the Supplier shall be entitled to dispose of the undelivered Whisky as it sees fit without liability to the Member and the Supplier shall be released from any future liability to deliver Whisky to that Member for the outstanding portion of the Member’s ten-year membership.

  1. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

Cancellation of Order for Membership:

you may cancel an Order for membership, within 14 days from the day on which your Membership is confirmed by the receipt of cleared funds for the Order by the Supplier by notifying the Supplier in writing, within the stated term either by post of email.  The Supplier will confirm your cancellation in writing;

If you cancel an Order and you have paid the Membership Price the Supplier will refund the Membership Price to you on return of any goods you received in accordance with membership benefits at a cost to the Member.

  1. QUALITY

As a consumer, you have legal rights in relation to the Whisky including in relation to any which is faulty or not as described. This includes your statutory right to return faulty, damaged or incorrect goods within 30 calendar days of their receipt by you.

Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Conditions will affect these legal rights.

  1. CUSTOMER’S CIRCUMSTANCES

Should a Member die or, by reason of illness or incapacity (whether mental or physical), be incapable of managing his or her own affairs or becomes a patient under any mental health legislation the Supplier shall continue to supply the Whisky to the Delivery Location, but shall recognise instructions in connection with the Contract (including but not limited to any amendment to a Delivery Location) only from the personal representatives, or those persons duly authorised to act on behalf of, the Member. The Member or individuals authorised to act on behalf of the Member may transfer the remainder of the membership period with associated benefits to another party if done so in writing to the Supplier.

Special Offers

From time to time, and at its discretion, the Supplier may publish special offers available to Members in connection with its products via email.

  1. TERMINATION

The Supplier may terminate the Contract and your membership at any time with immediate effect by giving you written notice if:

you do not pay the Membership Price as applicable;

the Supplier discovers that you are not of the minimum legal age.

In the event of termination by the Supplier the Member shall not be entitled to a refund of the Membership Price and the Supplier shall be entitled to dispose of the remainder of the Whisky contained in the Members Cask as it sees fit without liability to the Member.

  1. LIMITATION OF LIABILITY

If the Supplier fails to comply with these Conditions, it will be responsible for loss or damage suffered by the Member that is a foreseeable result of its breach of the Conditions or the Supplier’s negligence, but the Supplier is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Supplier’s breach or if they were contemplated by both the Member and the Supplier at the time of entry into this Contract.

The Supplier supplies the Whisky for domestic and private use. The Member agrees not to use the Whisky for any commercial, business or re-sale purpose.

The Supplier has no liability to the Member for any consequential loss, any indirect loss or for loss of profit, loss of business, business interruption, or loss of business opportunity.

The Supplier does not exclude or limit in any way its liability for:

death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;

fraud or fraudulent misrepresentation;

breach of the terms implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979;

defective products under the Consumer Protection Act 1987; or

anything which cannot be excluded or limited by applicable law.

The Supplier’s total liability to the Member in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Membership Price.

  1. MEMBERSHIPS OUTSIDE THE UK

Membership orders from outside the United Kingdom of Great Britain are subject to the discretion of R&B Distillers Limited and must be requested via email to sales@rbdistillers.com, via telephone, or post to the registered address.

Member outside the UK may be liable for any taxes, fees, or duty payments imposed by third parties.

Membership prices outside the UK may include an additional shipping cost. This will be clearly communicated in invoice correspondence prior to payment.

  1. GENERAL

Assignment and Subcontracting.

The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Member may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.

13.1 Notices.

The Supplier is a company registered in Scotland with company registration 206 1382 42 and with its registered office at 23 Manor Place, Edinburgh EH3 7DX, Scotland, UK.  If a Member has any questions or complaints, he should contact the Supplier by telephoning on 0131 564 0761 or by e-mail at “sales@rbdistillers.com”. If a Member wishes to contact the Supplier in writing, or if any clause in these Conditions requires a Member to give the Supplier notice in writing, this should be sent to the Supplier by e-mail, by hand, or by pre-paid post using the Supplier’s contact details above. The Supplier will confirm receipt of this by contacting the Member in writing. If the Supplier has to contact a Member or give a Member notice in writing, it will do so by e-mail, by hand, or by pre-paid post to the address provided to the Supplier in the Order.

13.2 Severance.

If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

13.3 Waiver.

A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

13.4 Third Party Rights.

A person who is not a party to the Contract shall not have any rights under or in connection with it unless as described in section 9.

13.5 Variation.

Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Supplier.

13.6 Governing Law and Jurisdiction.

The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Scottish law, and the parties irrevocably submit to the exclusive jurisdiction of the court of Scotland.