Fynoderee Limited Terms and Conditions
1. Fynoderee Limited (“Fynoderee”) reserves the right to revise these Terms and Conditions at any time by updating this posting on its website. Fynoderee is a company incorporated in the Isle of Man with its registered office situated at First Floor, Bourne Concourse, Peel Street, Ramsey, Isle of Man, IM8 1JJ and its company number is 131320C and VAT Registration number GB 005 0162 41.
2. Persons under the age of 18 should use this website only with the supervision of an adult. Purchases of any of our advertised products containing alcohol must only be made from this website by person of at least 18 years of age or over. In the Isle of Man and the United Kingdom it is illegal for any person under the age of 18 to buy, or attempt to buy, alcohol for themselves or for any other person under the age of 18 and when making a purchase by this website you are undertaking that you are 18 years or older. You also undertake that in making any purchase via this website you are not doing so in contravention of any banning order in regard to the purchase of alcohol.
3. Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation trademarks, designs, logos, text, images, audio and video materials, labels and bottle designs) are owned or licensed by Fynoderee and must not be reproduced, copied, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without its written consent.
4. Prices shown on listings pages include Excise Duty and VAT at the rate currently applicable in the Isle of Man and the United Kingdom.
5. Prices shown against each item listed are not inclusive of postage and packaging which will be added to the cost of supply and detailed when you purchase the same using our online portal or by communication with us direct for larger orders.
6. All prices published on this site constitute an invitation to treat rather than an offer capable of acceptance by any purchaser. Such prices are published in good faith and are believed to be correct. However, Fynoderee reserves the right to alter or change prices at any time up until delivery of the product selected.
7. Any price changes will be notified and confirmed to you via your order confirmation receipt.
8. All products offered are subject to availability and we cannot guarantee availability of the products listed, although we will endeavour to communicate any supply issues when you order.
9. All goods supplied and delivered by us and must be checked at the time of delivery and any damage notified to Fynoderee immediately.
10. Fynoderee does not accept liability for delayed or non-delivery of goods due to mis-information.
11. The information contained in this website has been prepared in good faith and is believed to be correct at the time of publication. Fynoderee makes no representation or guarantee as to the accuracy of any or all of the information on this site.
12. When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently underpriced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
13. We always aim to deliver your order right away. We will normally send your order to you in 3 business days.
14. If your item is not in stock, we will try to back order for you. Sometimes this is not possible as we are dealing with rare and often unique products. You will always be emailed with the option to cancel your order if you would rather not wait.
15. Fynoderee reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
16. If purchases are cancelled for any reason prior to dispatch, you will be refunded any monies paid in relation to those purchases.
17. We do not hold any of your financial details on file. When paying online you will be transferred to our online payment provider via our secure server.
18. We only collect data to help us understand the website usage and to be able to send to you relevant information in our newsletter, including offers and promotions. We do not retain any financial information. We will only use the information that we collect about you lawfully and in accordance with the relevant Data Protection legislation applicable from time to time.
19. We do not disclose buyers’ information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
20. We hope you will be happy with your purchase. When you get your package please check carefully and notify us, within 2 days, if you have the wrong item, or if it has been damaged. If goods are damaged you should contact us straight away on info@Fynoderee.com
21. Purchasers may cancel the order by informing Fynoderee within 7 days of receiving their order. Please return it to us unopened, sealed and in original condition and within 7 days of the date cancelled, for a refund. All shipping back to us is paid by the customer, and we are unable to refund you for your postal fees.
22. We are not able to refund any import duties, taxes or administration fees incurred in connection with the delivery or return of the product.
23. Liability for loss or damage during transit is also the responsibility of the purchaser.
24. Fynoderee will refund the purchase within 28 days of you notifying us about the return, to the credit/debit card or Paypal account used to make the purchase.
25. This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Fynoderee or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
26. To the maximum extent permitted by law, Fynoderee accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this website or any information contained therein. Users should be aware that they use the website and its content at their own risk.
27. Nothing in these Terms and Conditions excludes or restricts Fynoderee’s liability for death or personal injury resulting from any negligence or fraud on its part.
28. Whilst every effort has been made to ensure that these terms and conditions are fair and reasonable, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
29. In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
30. All notices / communications shall be given to us either by post to our Registered Office or by email info@Fynoderee.com – Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
31. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
32. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Isle of Man. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Isle of Man courts although Fynoderee retains the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
33. To the extent required by law, the sale of alcohol via this website is via our selling agent Bushy’s Brewery Limited with a deemed point of sale being The Bay Hotel, Shore Road, Port Erin, Isle of Man and supervised by its designated official Martin Brunnschweiler.
If you have any queries with regard to these Terms and Conditions please contact us on info@Fynoderee.com or call (+44) 07624 433131 or write to us at:
The Fynoderee Distillery
Isle of Man