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By placing your order and making payment through the Diageo Rare & Exceptional (DiageoRareandExceptional.com) website (hereafter the Website) you have entered into a contract with Diageo Singapore Pte Ltd, for the provision of Whisky and Whisky related products (hereafter all called “Product(s)”). It is important you read these Terms of Sale (“Terms of Sale”) carefully before ordering any products through the Website because they govern our relationship with you in relation to your purchase.
Please understand that if you refuse to accept these Terms of Sale, you will not be able to order any Product(s) from the Website. You may have other rights granted by mandatory law, and these Terms of Sale do not affect these except if the two are inconsistent. If this is the case then these Terms of Sale will override any other rights which you may have, unless this is not permitted by law.
OUR SUPPLIER DETAILS
WHO CAN PURCHASE FROM US?
To purchase products from Diageo Singapore Pte Ltd and have your order fulfilled by us, you must be over 18 and resident of Singapore. We can only deliver within Singapore.
HOW YOUR CONTRACT WITH US IS FORMED
Orders are submitted via the Website in the following way. Once you are ready to make a purchase, you will check out of your shopping basket. The website will ask for your payment details which will be processed on a secure server. When your payment has been processed your order information will be passed to us including your mailing address. We will not hold any of your payment details. It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, you should contact us via email at email@example.com. Our customer services team will respond to you directly via email.
We will send you a confirmatory email to acknowledge that your order has been successfully placed with information on the product that you have selected (“Confirmatory Email”). All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept your order in which case you will receive a full refund within 14 working days. On receipt of your order we will check to make sure we are able to fulfil your order. Where we accept your order, we will confirm such order by sending you a second email ("Dispatch Email") confirming your order and dispatch of the Product(s) to the delivery address you have requested. This is sent out automatically by us to the email address you register with. By sending you the Dispatch Email and thereby confirming and accepting your order, the contract (“Contract”) between us is formed. You should check both the Confirmatory Email and Dispatch Email for accuracy and let us know by email immediately if there are any errors. If there are any problems with your order which we wish to query, you will be contacted by a representative from Diageo Singapore Pte Ltd.
Order confirmations will be sent via email and will act as a receipt for non-GST registered customers. For GST registered customers, please write to us at firstname.lastname@example.org to request for your tax invoice to be sent to you via email within 30 days of receipt of payment.
PRICE AND PAYMENT
Prices and delivery costs are liable to change at any time, but changes will not affect orders which have already been confirmed in the Dispatch Email. Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your order we will contact you and ask if you wish to proceed at the correct price. The prices for the Product(s) indicated on the Website and at checkout include all local taxes and duty, which may be payable in respect of the Product(s) but excludes the delivery costs which will be automatically added to the total amount due when you view your items in your shopping basket. All payments must be made at the time of order of the Product(s) by you. Payment for all Product(s) must be by credit or debit card.
If we are unable to accept your order for any reason then we will, at our option, either reject your debit or credit card or refund any money paid by you in respect of that order. We will not dispatch the Product(s) until we receive payment in full. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. For payment by card, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
DELIVERY, TITLE AND RISK
We aim to deliver Product(s) to you, to the delivery address you have requested in your order within the time set out in the Dispatch Email but we cannot give an exact delivery date. If we have not delivered the Product(s) within 10 days of the Contract or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you. We can only deliver Product(s) to addresses within Singapore. Ownership and risk of the Product(s) will pass to you on delivery.
DAMAGED OR DEFECTIVE PRODUCT(S)
Subject to any specific warranties those implied by law, we do not offer any warranty or guarantee on our Product(s). You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible. Please note you will be required to provide photographic evidence of the damaged goods. Without photographic evidence of damage, we will be unable to process any claim you may wish to make. On proof of damaged or defective goods we will either refund you or replace the damaged goods. We reserve the right to request you to return the Product(s) to our Customer Service Centre, at no cost to you. If you prefer to receive a replacement of the Product(s) we will replace the Product(s) at no extra charge to you where this is reasonably practicable. If we request you to return the Product(s) to us we will refund the cost of the return of the item to us by you. Nothing in this section affects your statutory legal rights.
The Products must be examined on receipt by or on behalf of the Customer. Any loss or damage to the Products must be notified in writing to the Seller within fourteen (14) days of such receipt and the Seller should retain any Products that are damaged (including cartons) for inspection. Non-arrival of Products must be notified in writing to the Seller within twenty-eight (28) days after the estimated date of arrival at the port of place of destination.
Subject to the conditions above being fulfilled by the Customer, and if it is ascertained that any damage or loss to the Products is because of any default on the part of the Seller before the risk or loss or title is passed to the Customer in accordance with the terms of this Agreement, the Seller shall replace any Products damaged or lost which are at the risk of the Seller or re-deliver any products not delivered or, at the Seller’s option, credit the Customer for the price of Products so damaged or lost or not delivered.
If any of the Products are defective in manufacture or contained in defective containers, the Seller’s liability however arising in respect of, or consequent upon, any such defects shall be limited to the replacement of such defective Products or crediting the Customer with the price thereof as the Seller shall decide. The Products are otherwise sold without any guarantees or representations and all warranties or conditions to the contrary, statutory or otherwise and expressed or implied are expressly excluded except that this shall not exclude the Seller’s implied undertakings as to title under Section 12 of the Sales of Goods Act Chapter 393.
Except as provided above the Seller shall not be liable for any loss or damage of whatever nature and however caused. Nothing in this Clause (and any other Clause of the General Conditions) will, however, apply to exclude or restrict our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees or agents as far as the same is prohibited by Singapore Statute.
YOUR RIGHT TO CANCEL
You are purchasing product(s) that are deemed non-returnable, unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered. In these circumstances you can return them (where requested) and receive replacement goods or receive a refund from us.
You must, where requested, return defective products to us within 14 days after the day of notifying us, in the same condition in which you receive them. If you have not returned the Product(s) within 14 days of cancellation or provided photographic evidence of the damaged goods when requested by us to do so, whichever occurs first you will forfeit your right to a refund. Should your item be returned to us due to non-delivery your order can be refunded (minus the delivery charge) or we can re-deliver, however you will need to pay a redelivery charge.
You must ensure that you take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled. All refunds will be made by us within a reasonable time from the receipt by us of the Product(s). Where you paid for the Product(s) by a credit or debit card, refunds will be made by re-crediting your bank account from which the money was originally debited.
OUR RIGHT TO REFUSE DELIVERY
By agreeing to these terms, you agree that the Seller reserves the full discretionary right to refuse the delivery of any Product(s), such as in the event that a request for proof of legal drinking age is not met or there is any profanity which includes but is not limited to the use of any obscene, offensive, hateful, inflammatory or sexually explicit language.
OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
We may not necessarily keep a copy of these Terms of Sale and your order. We advise you to print a copy of these for your information in the future. These Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract. The Contract and all communications between us will be conducted in English.
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of Singapore. The Singapore courts will have an exclusive jurisdiction to settle any 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 found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them. A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights. All notices given by you to us must be given in writing to the address set out at the beginning of these Terms of Sale. We may give you notice at either the email or postal address you provide to us when placing an order.
The Products shall not be resold by the Customer except in good condition in or from the containers supplied by the Seller and exactly as supplied by the Seller or as otherwise authorised in writing by the Seller. The bottles and containers of the Products shall at all times only be used to contain and/or dispense the Products and no other product or substance shall be placed in the bottles or containers at any time after sale to you.
Only use of the available selected fonts
No use of foul or unsavoury language.
No use of discrimination language which is to discriminate against people based on the following personal attributes or characteristics: Race, colour, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability
Any other characteristic protected under applicable law. It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you and the language you requested for engraving.
No use of hate language which is the violent, offensive, derogatory or demeaning language directed at a person or group ‘s attributes or against any organisations, countries or causes.
No use of language which is inappropriate, false, misleading, abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of Diageo’s Marketing and Digital Code.
No reference to third parties or other names unless they have a valid reason eg gift to the named person or company.
No reference to third party brands or celebrities names (which are not owned by you) directly or indirectly.
If a third party’s name or individual name is referred, it is your responsibility to obtain the consent of the name owners before requesting the engraving and it is also your responsibility in holding Diageo harmless and making remedies to Diageo for any claims raised from such third party.
Messages will only be engraved within the predetermined areas on the bottle.
No amendments, additions, or alterations to wordings once order is submitted and confirmed by us.
The engraved bottles are not for resale.
You warrant that the messages that you provided does not infringing infringe on any copyright or intellectual property rights of any third parties.
Diageo reserves the absolute right in its sole discretion to reject and refund the engraving request and order if we deem the messages to be in violation of the above.
Complete Indemnity for any loss in relation to the breach of any terms above even though we have done the engraving.
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