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FYNODEREE FOUNDERS WHISKEY CLUB TERMS & CONDITIONS
See also: Fynoderee General Terms & Conditions
1 BASIS OF CONTRACT
1.1 These terms and conditions as amended from time to time (“Conditions”) together with a related Shopify order on our website www.fynoderee.com constitute a contract between Fynoderee Limited, trading as The Fynoderee Distillery (“Fynoderee”) and you (“you” or “Member”) in connection with your membership of the Fynoderee Founders Whiskey Club (“Contract”) to the exclusion of any other terms.
1.2 The submission of your Shopify order (“Order”) online constitutes an offer by the Member to become a Member of the Fynoderee Founders Whiskey Club in accordance with these Conditions. You are responsible for ensuring that the terms of the Order are complete and accurate.
1.3 The Order shall only be deemed to be accepted when Fynoderee issues a Welcome Pack (defined below) in respect of each Order, at which point the Contract shall come into existence.
1.4 Subject to clause 10.4, the Contract constitutes the entire agreement between the parties. The Member acknowledges that they have not relied on any statement, promise or representation made or given by or on behalf of Fynoderee which is not set out in the Contract.
1.5 By placing an Order you acknowledge and confirm that you are at least 18 years old. Fynoderee will not accept Orders from, nor arrange delivery of Whiskey to, any person under the age of 18 at the date of the Contract. If the Delivery Location (defined below) is specified to be an Overseas Delivery (defined below), then by placing an Order you acknowledge and confirm that you are at least of the minimum legal age to purchase alcohol in accordance with the laws of that country and you will be liable to additional delivery charges and related taxes and duties as detailed below in clauses 3.2 and 6.3.
2.1 The goods to be supplied by Fynoderee to Members under this Contract in connection with membership of the Fynoderee Founders Whiskey Club will consist of liquid bottled by Fynoderee taken from casks of whiskey (“Casks”) produced by the Fynoderee at The Fynoderee Distillery (“Whiskey”) in accordance with this Contract.
2.2 It is intended by Fynoderee that the first bottles of Whiskey will be filled from the Casks within a time period determined at the discretion of the Fynoderee following a date being no less than 3 years and 3 months and 3 days of the date the liquid is put to Cask and Fynoderee will then bottle the Whiskey to meet the Fynoderee Founders Whiskey Club requirements within 2026.
2.3 Membership of the Fynoderee Founders Whiskey Club entitles the Member to receive:
A 70cl Bottle of Ushtey Bea Fynoderee – Isle of Man Single Malt Whiskey from the FIRST EVER release. A once in a lifetime opportunity to become the owner of a First Release bottle numbered from 101 to 1100.
First Release bottle numbers will be balloted on Wednesday 30th November 2022. Remaining bottles will then be allocated on a first come first served basis. Each numbered bottle will be presented in 2026 in Fynoderee Founders Whiskey Club “First Release” commemorative packaging and we will also send you 2 x 5cl miniature bottles in case you wish to keep your commemorative bottle but still want to enjoy a celebratory dram!
Our First Release bottles will be ready at the earliest in 2026
A Member's Welcome Pack that will include a Wooden Membership Card and a Limited Edition Mounted Artwork Print by renowned Manx artist (and Fynoderee bottle label designer) Julia Ashby-Smyth. Each print will be signed and numbered to confirm your Bottle/ Membership Number. The Welcome Pack will also include a £50 Voucher and a sample of our first ever malted Manx barley. These will be ready to dispatch from Monday 12th December 2022 - just in time for Christmas gifting!
10cl Bottle of 'New Make Manx Malt Spirit fresh from the stills (dispatched early 2023)
A place for you and a guest on one of our scheduled Whiskey Tours (starting March 2023)
A Native Tree planted in your name. Our whiskey will be aged in oak barrels, and as part of our commitment to the Isle of Man Biosphere pledges we have taken, we will be working with The Manx Wildlife Trust to plant native trees. There will be one native tree planted for every Fynoderee Founders Whiskey Club Member and we will organise special tree planting expeditions.
10% lifetime discount on Fynoderee Distillery Spirits and Regular Founders Club Updates and advance pre-release notifications and invitations to all our future Whiskey events.
3.1 Fynoderee shall ensure that each delivery of the Whiskey is accompanied by a delivery note which shows the date of the dispatch from The Fynoderee Distillery, all relevant Member and Fynoderee reference numbers and the type and quantity of the Goods.
3.2 Fynoderee shall deliver the Whiskey to the location set out in the Order (“Delivery Address”), or to such other location as the Member may notify Fynoderee in writing by emailing to email@example.com at any time, at the discretion of Fynoderee, but before the end of 2026, accompanied by an appropriate delivery note. Delivery to an address in the United Kingdom (including Northern Island, Jersey, Guernsey and the Isle of Man) (“Domestic Delivery”) is included in the Membership Price.
If the Member requires delivery of the Whiskey other than a Domestic Delivery (“Overseas Location”) this will have to be by separate agreement with Fynoderee at the time of dispatch and associated delivery charges to be paid to Fynoderee prior to dispatch by the Member. Some locations will not be possible for delivery of the Whiskey due to issues such as customs clearance not being possible but this will be discussed with the Member at the relevant time, if issues are identified. 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 Whiskey to any Overseas Location. All such shipments to Overseas Locations are also at the complete risk of the Member and if the goods are seized or impounded by any relevant authority, it is for the Member to resolve the effective delivery of the same, albeit Fynoderee will endeavour to assist in the effective delivery, provided this is at the Member’s cost and expense.
Alternatively, all purchases can be collected from The Fynoderee Distillery, Parsonage Road, Ramsey, Isle of Man.
3.3 Delivery of the Whiskey shall be completed on the arrival of the Whiskey at the Delivery Location, whereby title to and risk in the Whiskey shall pass to the Member. In the event that a bottle is broken in transit prior to delivery, the member must promptly notify Fynoderee 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, Fynoderee shall arrange for delivery of a replacement and may request that the Member return the broken bottle of Whiskey at the cost of the Fynoderee.
3.4 Fynoderee shall not be liable for any delay or failure in delivery of the Whiskey 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 Fynoderee with adequate delivery instructions, a correct delivery address or any other instructions that are relevant to the supply of the Whiskey.
3.5 In the event of an irremediable Force Majeure Event (including but not limited to total destruction of the Whiskey 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 Fynoderee retains the right to either (i) refund such proportion of the Membership Price that relates to Whiskey yet to be supplied or (ii) deliver alternative bottles of Whiskey to Members.
3.6 If the Member fails to accept delivery of the Goods within two attempts at delivery by Fynoderee, then Fynoderee shall return the Whiskey 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 Whiskey shall be borne by the Member. If contact is not made within 90 days following the Last Attempt then Fynoderee shall be entitled to dispose of the undelivered Whiskey as it sees fit without liability to the Member and Fynoderee shall be released from any future liability to deliver Whiskey to that Member.
4 YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
4.1 Cancellation of Order for Membership:
4.1.1 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 Fynoderee by notifying Fynoderee in writing, within the stated term, by emailing firstname.lastname@example.org . The Fynoderee will confirm your cancellation in writing;
4.1.2 If you cancel an Order under clause 4.1.1 and you have paid the Fynoderee Founders Whiskey Club Membership Price, Fynoderee will refund the Membership Price to you.
As a consumer, you have legal rights in relation to the Whiskey 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.
6 PRICE AND PAYMENT OF ADDITIONAL EXPENSES
6.1 The membership price for entry into the Fynoderee Founders Whiskey Club is £333.00 (inclusive of VAT) (“Price”).
6.2 On expiry or termination or cancellation by the Member of this Contract for any reason, or by Fynoderee in accordance with clauses 3.5 or 3.6, Fynoderee 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 4.1. or where a refund is made in accordance with clause 3.5. The Membership Price is inclusive of the cost of bottling the Whiskey and, provided that the Member’s Delivery Location is within the British Isles (excluding the Republic of Ireland), inclusive of the costs and charges of packaging, insurance, any applicable taxes and excise duty and delivery of the Goods.
6.3 It shall be the full responsibility of the Member to pay in full any taxes, excise duties and other relevant sums due in connection with the importation of Whiskey to an Overseas Location, in addition to the additional delivery costs as detailed above in clause 3.2. Delivery to an Overseas location will not be made without prior pre-payment of all applicable costs of delivery to which Fynoderee could be made liable. In the event that payment of the required additional delivery charges and or related taxes, excise duties and other relevant sums are not paid by the Member within 30 days of invoice, the Member’s related membership shall be cancelled and Fynoderee will refund 50% of the Membership Price to the Member upon receipt of verified bank details.
7 CUSTOMER CIRCUMSTANCES
Should a Member die or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation, Fynoderee shall continue to supply the Whiskey 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.
8 SPECIAL OFFERS
8.1 From time to time, and at its discretion, Fynoderee may publish special offers by email available to Members in connection with various of its products Fynoderee’s website (the “Site”).
8.2 On purchasing a membership, the Member is automatically subscribed to the Fynoderee Founders Whiskey Club email newsletter and Fynoderee’s general email newsletter. The Member can unsubscribe at anytime by responding to the link in the newsletter, or emailing email@example.com .
9.1 Fynoderee may terminate the Contract and your membership at any time with immediate effect by giving you written notice if:
9.1.1 you do not pay the Membership Price as set out in clause 6.1 or 6.3, as applicable;
9.1.2 Fynoderee discovers that you are not of the minimum legal age as confirmed at clause 1.5; or
9.1.3 you breach clause 10.2 of the Contract.
9.2 In the event of termination by Fynoderee in accordance with clause 9.1 above, the Member shall not be entitled to a refund of the Membership Price and Fynoderee shall be entitled to dispose of the Whiskey related to that Membership as it sees fit without liability to the Member.
10 LIMITATION OF LIABILITY
10.1 If Fynoderee 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 Fynoderee’s negligence, but Fynoderee is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Fynoderee’s breach or if they were contemplated by both the Member and Fynoderee at the time of entry into this Contract.
10.2 Fynoderee supplies the Whiskey for domestic and private use. The Member agrees not to use the Whiskey for any commercial, business or re-sale purpose.
10.3 Subject to clause 10.4, Fynoderee 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.
10.4 Fynoderee does not exclude or limit in any way its liability for:
10.4.1 death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
10.4.2 fraud or fraudulent misrepresentation;
10.4.3 breach of the terms implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1983;
10.4.4 defective products under the Consumer Protection Act 1991;or
10.4.5 anything which cannot be excluded or limited by applicable law.
10.5 Subject to clause 10.3 Fynoderee'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.
11 HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 Assignment and subcontracting. Fynoderee 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 Fynoderee.
12.2 Notices. Fynoderee Limited is a company registered in Isle of Man with company registration number 131320C and with its registered office at First Floor, Bourne Concourse, Peel Road, Ramsey, Isle of Man IM8 1JJ. If a Member has any questions or complaints, he should contact Fynoderee by telephoning on 01624 812756 or by e-mail at founders@Fynoderee.com . If a Member wishes to contact Fynoderee in writing, or if any clause in these Conditions requires a Member to give Fynoderee notice in writing, this should be sent to Fynoderee by e-mail, by hand, or by pre-paid post using Fynoderee’s contact details above. Fynoderee will confirm receipt of this by contacting the Member in writing. If Fynoderee 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 Fynoderee in the Order.
12.3 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.
12.4 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.
12.5 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
12.6 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 Fynoderee.
12.7 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, Isle of Man law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Isle of Man.
The Fynoderee Distillery
3rd November 2022