Terms of Sale
By placing and paying for your order through the Malts.com website ( https://malts.com; 'the Website') you have entered into a contract for the supply of whiskey and whiskey-related products (collectively the 'Product(s)') with BSQ UK Limited hereinafter referred to as "BlackSquare” . It is important that you read these terms of sale (the "Terms of Sale") carefully before ordering any Products through the Website, as they govern our relationship with you in relation to your purchase. Please understand that if you do not accept these Terms of Sale, you will not be able to order any Product(s) through the Website. You may have other rights which are granted to you by mandatory law. These terms of sale only affect the rights mentioned if there are any contradictions.
WHO CAN SHOP WITH US?
In order to purchase products and have your order fulfilled by us, you must be 18 years of age or the age of majority in your jurisdiction. We can only deliver products to addresses within Germany, Netherlands, Austria, Belgium. Age verification required on delivery: This product is not intended for sale to persons under the legal drinking age. A valid photo ID with date of birth may be required upon delivery to confirm the recipient is over the legal age.
HOW YOUR CONTRACT WITH US IS FORMED:
Orders are transmitted via the website as described below. Once you are ready to make a purchase, proceed to checkout with your shopping cart. The website asks for your payment details, which are processed on a secure server. After your payment has been processed, your order details including your postal address will be forwarded to us. We do not store any of your payment details. You are responsible for verifying the accuracy of your order before submitting it to us. You have 2 hours from the time you place your order to change your shipping address/name. If you have any problems with your order you should contact us by email at firstname.lastname@example.org We will send you an email with information about the product you have selected to confirm that your order has been successfully placed (the "Confirmation Email"). All orders are subject to acceptance by us. We are under no obligation to accept your order and may, at our discretion, refuse to accept it. In this case you will receive a full refund within 10 working days. After receiving your order, we will check whether we can carry it out. If we accept your order, we will send you a second email confirming your order and the shipment of the product(s) to the delivery address you have specified (the "Shipping Email"). We will automatically send this to the e-mail address with which you registered. The contract (the "Contract") between us and you is formed by sending the dispatch e-mail to you and thereby by confirming and accepting your order. You should check both the confirmation email and the shipping email for accuracy and email us immediately if you find any error. If there is a problem with your order that we would like further information on, you will be contacted by email@example.com.
PRICE AND PAYMENT:
Prices and delivery costs are subject to change at any time. However, such changes will not affect orders that have already been confirmed in the form of the shipping email. The prices are checked regularly. However, if we discover that the price has changed or that there was a pricing error when we received your order, we will contact you and ask if you would like to keep the order at the correct price. The prices for the product(s) shown on the website and at checkout include all local taxes and fees that may apply to the product(s). Delivery costs are not included in the prices. They are automatically added to the total due when you view your items in your shopping cart. All payments must be made by you at the time you order the product(s). Payment for all products must be made by credit or debit card or via PayPal, and iDEAL. If we are unable to accept your order for any reason, we will, at our option, either reject your debit or credit card or refund the money you paid for that order. We will only ship the product(s) after full payment has been received. Please note that your card issuer may charge you an online processing fee or processing fee. We are not responsible for these. Credit and debit card holders may be required to perform authorization and authentication as part of the card payment process. DELIVERY, TITLE AND RISK: We aim to get the product(s) to you at the delivery address you provided in your order within the time stated in the dispatch email, however we are unable to give you an exact delivery date to agree If we have not delivered the product(s) within 14 days of entering into the contract or after another date agreed with you, you can withdraw from the contract. In this case we will refund you the money you have paid.
Regular deliveries take approximately 2-4 business days. When ordering an engraving, it can take 4-7 working days for the deliveries to reach you. We apologize in advance for any inconvenience. When your order is on the way, you will receive a notification from us, as well as a tracking number with which you can track your order. If you have any further questions please contact our friendly logistics team at firstname.lastname@example.org. *Please note: this does not apply to pre-ordered products as further delays may occur. You will receive your tracking number as soon as your order has been dispatched, with which you can track it. Title and risk of the product(s) pass to you upon delivery.
DAMAGED OR DEFECTIVE PRODUCT(S):
Except for specific statutory warranties, we offer no guarantee or warranty for our products. You should inspect the product(s) for defects or damage upon receipt. If you discover a defect or damage, you must notify us as soon as possible. Please note that you must provide us with photographic evidence of the damaged goods. Without photographic proof of damage, we cannot pursue any claims you may have. If you can prove that the goods are damaged or defective, we will either refund you or replace the damaged goods. We reserve the right to ask you to return the product(s) to our customer service center free of charge. Should you prefer a replacement of the Product(s), we will accommodate your request free of charge if reasonably practicable. If we ask you to return the product(s) to us, we will reimburse you for the cost of returning the item. Nothing in this section affects your statutory rights.
We are a reseller. We shall have all obligations and responsibilities in relation to the product(s) regarding returns, breakages and late delivery.
LIMITATION OF LIABILITY:
These Terms of Sale do not exclude our liability (if any) to you. However, the following applies:
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by BSQ UK Limited, its legal representatives or vicarious agents. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, remains unaffected. In the event of a slightly negligent breach of these contractual obligations, BlackSquare is only liable for the foreseeable damage that is typical for the contract, provided that the customer is not entitled to claim damages from injury to life. (2) Paragraph 1 also applies in favor of BlackSquare's legal representatives and vicarious agents if claims are asserted directly against them. (3) The provisions of the Product Liability Act remain unaffected. Subject to this, in no event shall we be liable to you for any loss of business. Our liability to you will only be for reasonable losses you suffer as a result of our breach of these Terms of Sale. Our liability for reasonable losses you suffer as a result of our breach of these Terms of Sale is strictly limited to the purchase price of the Products you have purchased and any losses that are a foreseeable consequence of our breach of these Terms of Sale. Losses are foreseeable if they could be contemplated by you and us at the time we accept your order. We are not responsible for delays or failure to perform our contractual obligations, which arises for reasons beyond our reasonable control, for example: acts of God, governmental measures, war, fire, flood, explosion or civil commotion, failure of information technology or telecommunications services, failure of a third party (including failure to deliver data) and strike. Please note that nothing in these Terms of Sale affects your statutory rights.
YOUR RIGHT OF WITHDRAWAL:
Your Right of Withdrawal can be read here; https://www.malts.com/en-nl/right-of-withdrawl
OUR RIGHTS TO REFUSE DELIVERY:
We reserve the right to refuse delivery of the products you have ordered if profanity, including but not limited to indecent, offensive, hateful, inflammatory or sexually explicit comments, is used.
OTHER IMPORTANT INFORMATION FOR YOU:
We may not keep a copy of these Terms of Sale and your order. We therefore recommend that you print out a copy for your own future reference. These Terms of Sale and any document expressly referred to in them constitute the entire agreement between us and you in relation to the subject matter of the Contract. The Contract and all communications between us and you will be in English or German. The compilation, the existence, the design, the execution, the validity and all other aspects of these terms of sale or the provisions thereof are subject to the law of the Federal Republic of Germany. The German courts have exclusive jurisdiction to settle disputes which may arise out of or in connection with these Terms of Sale or use of the Website. If any provision of these Terms of Sale is held to be invalid or unenforceable by a court, it will be severed from the remainder thereof, which will otherwise remain unaffected. No delay or omission on our part in exercising any power, right or remedy under these Terms of Sale shall constitute a waiver of same, nor shall any individual or partial exercise of any such power, right or remedy preclude any other or further exercise of the same. All notices you give to us must be in writing to the address given at the beginning of these Terms of Sale. Final Provisions (1) These general terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. (2) If the customer is a company, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and BSQ UK Limited is the seat of the latter contractual party. (3) Even if individual points are legally ineffective, the remaining parts of the contract remain binding. Any ineffective points will be replaced by the corresponding statutory provisions. (4) We are neither willing nor obliged to participate in dispute settlement procedures before consumer arbitration boards.