Overview

This website is operated by Whiskypto Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Whiskypto Ltd. Whiskypto Ltd offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.

Our right to vary these Terms

We may amend these Terms from time to time due to changes in relevant laws and regulatory requirements and changes in the way that we do business. Please look at the top of this page to see when these Terms were last updated. Every time you order a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Information about us and how to contact us

Who we are. We are Whiskypto Limited a company registered in UK. Our company registration number is 14864794 and our registered office is at 71-75 Shelton Street, London, ENG, WC2H 9JQ, United Kingdom.

How to contact us. You can contact us by writing to us at info@whiskypto.com or to our registered office address.

How we may contact you. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order (or the address which is attached to the payment service which you use to pay for a troduct using our express checkout)

We may record our incoming and outgoing telephone conversations with our customers and other third parties. We do so for the purposes of crime prevention, and in a way which is consistent with guidance issued by the Information Commissioner’s Office. We reserve the right to share telephone records with law enforcement agencies, and we may also use those records for training purposes, but will otherwise keep them strictly confidential.

Complaints

If you have a complaint which we are unable to resolve between ourselves, you may refer your complaint to The Retail Ombudsman, a United Kingdom government-approved, free-to-consumers service which seeks to resolve disagreements between traders and consumers in respect of goods purchased online. More information regarding The Retail Ombudsman can be found on its website: www.theretailombudsman.org.uk.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Age Restriction

We can only sell alcohol products to those over the age of 18 (or the legal age within your own country of residence). When accessing our website, you confirm that you are at least 18 years of age and the minimum legal age for purchasing alcohol in your country of residence.

We reserve the right to ask first-time buyers and customers collecting whisky for identification to prevent fraud and underage purchases.

All deliveries must be signed for by a person of legal drinking age in your country of residence, ID may be required.

Local Laws

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 commit 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 we may end the Contract and charge you reasonable compensation for the net costs which we incur. Your order could be subject to local sales taxes and duties upon arrival in the chosen delivery country and these could be levied at the time the package clears local customs. All addition taxes and charges are the responsibility of the receiver.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Our website contains a vast number of Products, and more are being added every day. It is always possible that, despite our efforts, a Product on our website may be incorrectly priced. We do not have to sell a Product to you where there is a pricing error. We will normally check prices as part of our dispatch procedures so that if the Product’s correct price is higher than the price stated on our site, we will contact you promptly to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not proceed to issue a despatch confirmation until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

Product Condition

The majority of Products for sale are from private collections however are marked NEW in the product description if direct from Supplier and/or Distillery. We strive to ensure that you receive your Product in perfect condition, however due to the various ages of bottles and their seals, the condition of liquid is at the buyer’s discretion and no claim can be lodged against failure/leakage in transit.

The images of each Product on our website are for illustration purposes only. Although we have made reasonable efforts to display the appearance of each Product accurately, we cannot guarantee that your computer’s display will accurately reflect the appearance of that Product. The Product which we deliver to you may vary slightly from the images on our website. These bottles are occasionally very old and as such the packaging and labels may not be in their original state. Products offered for sale may contain damage in the form of tears, rips, stains, scratches, dents, rust, and more on bottles and boxes. We attempt to highlight this damage within the lot description and pictures and the buyer has no claim or right to a refund if the damage is disclosed and/or photographed. By submitting an order you confirm that you have understood this term. If you would like confirmation of the condition of individual products please contact us by email before placing an order and we will reply as quickly as possible with additional images if required.

The tasting notes and views on our website may be written by our own tasting team, however spirit drink tasting is entirely subjective and different people will have a different experience of the same product. The tasting notes do not form part of the description of any Product.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns & Cancellation Section.

Whisky Art

The Majority of the bottles in the Collector’s Section of the website have been photographed and stored as NFT’s (Non Fungible Tokens). The aim of this is to create a virtual repository of some of the exceptional bottles that are in existence, and our aim is to explore an innovative way to collect the artistry of Japanese whisky. When a purchase of an NFT is made from our official opensea account we will provide you with a special code and this will allow you to purchase the underlying bottle at a 20% discount from the price shown. Please ensure that you understand all other costs of shipping and whether we can deliver to your location as per our Terms of Service. In the unlikely event that the underlying bottle is sold to someone else prior to you being able to purchase the bottle we will refund you the cost of the NFT by repurchasing the NFT from you at the price you paid. Please note that the discount applies only when you purchase the NFT from the official Open sea Whiskypto account ( https://opensea.io/Whiskypto ) and when the ownership of the NFT clearly states “ Whiskypto “ not when you purchase the NFT from a third party. We think there is value in the NFT however there is no guarantee that the value will increase or be retained and it could go lower than the price paid. For buyers of the NFT from our account the value is quantifiable by the discount received from the original cost of the bottle. For any questions on Whisky Art or further information on this discount process please contact us on info@whiskypto.com.

Taxes & Duties

Products sold by the Whiskypto may be subject to United Kingdom taxation, we will clearly identify this prior to checkout if this is the case. Where we are dispatching goods to countries outside the United Kingdom you may be subject to local import taxes. These additional charges and responsibilities must be borne by the recipient, unless specified otherwise at checkout. For further information about customs policies and charges in your country of residence please contact your local customs office. In the event the recipient does not clear the consignment through Customs such as fulfilling import taxes or charges and the consignment is subsequently returned to Whiskypto, we will refund the order minus our shipping fee and any associated return cost.

Payment

Orders must be settled in full before shipping. Payment can only be made online through this web site (we do not accept telephone orders) using any of the payment methods listed at the payment stage of the checkout process. 

We encourage the use of 'Verified by Visa', 'MasterCard SecureCode' and American Express 'SafeKey' or the security measures offered by your payment provider. This usually requires the cardholder to provide a personal password or pin number when paying for goods online with their credit card just as they would provide a pin on the high street. Cardholders can sign up to the service with their card provider at no cost and are reassured that their card is protected from fraudulent use on the internet. We may choose to reject Paypal orders where the transaction is not eligible for seller protection. Your order is encrypted and processed on a PCI compliant secure server. Whiskypto does not store payment card information.

Exchange rate Fluctuations

Any non-GBP prices displayed on the website using the site’s multiple currency feature are subject to constantly changing due to exchange-rate fluctuations, and as such may differ from one day to the next. Your payment provider may use exchange rates that are different to ones displayed on our website.

Damages and Breakages

If your parcel is found to be clearly damaged or tampered with upon delivery please report this to the delivery driver immediately, refuse delivery if necessary and then contact us. For shipments delivered, please retain the product and all packaging and shipping boxes in their damaged condition, with photo evidence until we have advised on a solution. In the event of any other damage to products, delivery problems, including non-delivery, you must report this to Whiskypto no later than 14 days after the date of shipping. 

Returns and Cancellation

Where you have already received the goods, and you are domicile within the United Kingdom only, you have the right to cancel within 14 working days starting from the day after receiving the delivery. The goods must be returned to us unopened (sealed) together with the original invoice within 14-days of the agreed cancellation date at the following address: Whiskypto Ltd, 71 Townmead Road, London, SW6 2ST.

Please notify us of your intention to return/cancel your order by contacting us via e-mail at info@whiskypto.com. On receipt of the return, we will inspect the goods are eligible for a refund. The refund will be issued to your payment card and may take several days before appearing on your statements. The customer must arrange and pay for returning the goods including insurance and any import taxes. Whiskypto will not be responsible for loss or damage in transit of the returned goods. We will refund you the price you paid for the Product, refund any postage and packaging costs which you paid in connection with the delivery of the Product to you. However, please note that we are permitted by law to refund only the costs of delivery by the least expensive delivery method we offer.

Advice about your legal rights is available (in the United Kingdom) form the Citizens Advice website: adviceguide.org.uk.

If you are returning a product from a legal jurisdiction other than the United Kingdom, you will be solely responsible for all or any customs duties and tariffs applicable to the jurisdiction from which the goods in question are being returned.

Availability

We strive to keep our stock control up to date and ensure the accuracy of stock content on the web site. Occasionally a product may be out of stock and/or discontinued - in such an eventuality we will inform you promptly, and may suggest an alternative. Product specifications and prices may change without notice. Product availability and prices listed on Whiskypto or our social media accounts, are correct at the time of writing and subject to change. 

Intellectual Property Rights

Whiskypto is registered trademark. All contents such as text, logos, photographs and other material displayed on Whiskypto are protected by United Kingdom and international copyright laws. You may not extract any of the contents of the website without prior express written permission from us. 

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Thirds Party Links

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Whiskypto Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

Indemnification

You agree to indemnify, defend and hold harmless Whiskypto Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.