1.1 These terms govern the sale of Founders’ Club packages (“Package”) by us and will form the basis of the contract (“Contract”) between us and you (“you” or “Founder”).
1.2 Please read these terms carefully before you apply to join the Dalesmen Distillery and Brewery Founders’ Club. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us.
1.3 When we use the words "writing" or "written" in these terms, this includes emails.
2.1 ACCEPTANCE OF YOUR APPLICATION TO JOIN. Our acceptance of your application for one of the three packages termed Whisky Edition, Spirit Edition or Beer Edition will take place when we have received your application (“Order”), payment has cleared and we have confirmed your order in writing, at which point a contract will come into existence between you and us. You are responsible for ensuring that the information supplied in the Order is complete and accurate.
2.2 AGE RESTRICTIONS. By placing an Order you acknowledge and confirm that you are at least 21 years old. We do not accept orders from any person under the age of 21 at the date of the Contract.
2.3 ORDER REFUSAL. We reserve the right to refuse an Order. If we cannot accept your Order we will inform you of this in writing and will not charge you. This might, for example, be because of unexpected limits on our resources which we could not reasonably plan for, because payment has not been authorised or because we find that you are under the legal minimum drinking age. Any sums paid by you in relation to that Order will be refunded within 14 calendar days.
2.4 We may, in our sole discretion, limit or cancel Orders purchased per person, per household or per order. These restrictions may include Orders placed by or under the same name, 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 using information provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.
2.5 YOUR FOUNDER NUMBER. A unique number will be assigned to you and provided after we have accepted your Order. It will help us if you can tell us you unique number whenever you contact us about your order.
3.1 All pricing information on the website is correct at the time of going online. We reserve the right to modify prices and alter or remove any offers or services without any notice at any time.
3.2 In the event that prices are changed during the period between an order being placed and us processing that order and taking payment, the price shall be that displayed during the checkout process prior to payment.
3.3 We reserve the right, but are not obligated, to limit the sales of our products or services to any person or geographic region. We may exercise this right on a case-by-case basis.
3.4 We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
3.5 We reserve the right, but are not obligated, to limit the sales of Packages to any person or geographic region. We may exercise this right on a case-by-case basis.
4.1 FOUNDERS’ PACKS. The goods to be supplied by us to all Founders in connection with Founders’ Club will be a Founders’ Certificate, sent out within 4 weeks of order confirmation. Retail items for each Founders’ Edition will be mailed out in approximately 6-8 weeks after order is confirmed (see clause 5.3). If the retail items will be delayed for any reason, we will make every reasonable effort to reach you via the contact information you provide us.
4.2 MEMBER CARDS. At Dalesmen Distillery & Brewery’s discretion, Member cards will be issued. Member cards will contain a unique number which entitles the Founder to special offers and discounts where applicable. Members MUST present card at the time of purchase in order to receive discounts of any kind that are included with the Founder’s Editions. We reserve the right to refuse to accept a member card. We reserve the right to change or withdraw these offers at any time and without notice. Discounts and offers in connection with the Founders’ Club are available to the Founder associated with that number only. We are not responsible if a card is lost, stolen, destroyed or used without permission. You must let us know if your card is lost or stolen. We may, at our discretion, offer to replace a lost or stolen card but you will be charged the cost of the replacement plus shipping costs. We reserve the right not to accept any cards that have or appear to have been forged, damaged, defaced or otherwise tampered with.
4.3 FOUNDERS’ PACKS. Founders’ packs as described on our website will be supplied within six to eight weeks of Order confirmation and will contain the Dalesmen Distillery & Brewery branded merchandise. Founder must specify their required shirt size at the time of ordering and are responsible for ensuring the correct size is requested. We are unable to exchange shirts unless we supply you with a faulty shirt or a different size to the one you requested during the order process.
5.1 WHISKY will be bottled after the minimum legal maturation term of three years has elapsed and when the whisky has reached maturation. The point of maturation will be determined by us and is anticipated to be between three and five years from the date of cask filling.
5.2 Dalesmen Distillery and Brewery makes no guarantee as to when production will commence if circumstances occur which are beyond our control, but we will endeavour to deliver the goods without undue delay and within the times referred to in clauses 6.6 and 6.10.
5.3 Bottle alcoholic strength will be determined by Dalesmen Ventures LLC at the time of bottling.
5.4 All alcoholic goods will not be delivered and must be picked up in person by the Founder.
5.5 Whilst every reasonable effort has been made to ensure that all visual representations and descriptions of goods for sale from us correspond to the actual goods you receive, we cannot be held responsible for variations from such descriptions. In some cases the photos on our website may not exactly match the color or design of the final goods. This refers only to variations of the correct goods, not different goods altogether.
6.1 Any physical goods included with your Order will be delivered to the delivery address supplied at the time of Order unless you have notified us of a change of address. It is your responsibility to ensure the correct information is provided. We cannot accept any liability for late or failed delivery if the quoted address is incorrect or incomplete. You will be liable for any additional delivery costs resulting from a change of address and these must be paid for in full prior to the goods being dispatched. You can notify us of a change of address by emailing us at email@example.com.
6.2 DELIVERY CHARGES. There are no U.S. delivery charges.
6.3 NON-U.S. DELIVERY CHARGES. International orders are subject to international delivery charges and you are solely responsible for those charges. For all goods, Founders will be invoiced for non-U.S. delivery charges prior to shipping each of the goods. We can only ship goods when we have received payment for delivery charges.
6.4 EXTRA COSTS ASSOCIATED WITH NON-U.S. DELIVERY. Deliveries to non-U.S. addresses may incur extra charges which you must pay to receive your goods. Charges may include, but are not limited to, import duties and taxes applied when the delivery reaches its destination and administration charges imposed by foreign customs authorities or by delivery agents. Unfortunately, these charges are outside of our control, so please consider all costs before purchasing. Please contact us or the customs office in the country for further information or assistance before placing your Order.
6.5 COUNTRY-SPECIFIC RESTRICTIONS. If you are ordering from outside the US, please contact us to confirm whether we can ship to your country before purchasing.
6.6 We will not be liable for a failure to perform, or delay in performance of, any of our obligations that is caused by circumstances or events beyond our control. If such circumstances continue for a period of longer than 6 months then you have the right to terminate the contract.
6.7 FAILED DELIVERY. In the event that goods are returned to us due to non-delivery, we will attempt to contact you by email to arrange re-delivery at your expense. If we are unable to make contact with you following all reasonable attempts we shall be entitled to dispose of the undelivered goods as we see fit without liability to you and we shall be released from any future liability to deliver any remaining outstanding goods in connection with your package.
6.8 We may in certain circumstances and at our discretion agree to hold your goods at the distillery for collection in person. You must contact us in writing if you would like us to do so.
6.9 We are unable to ship alcoholic products. Please refer to section 5.4
7.1 IF YOU HAVE CHANGED YOUR MIND. We hope you will be happy with your Founders' Club rewards. However, if you are a consumer you have a legal right to change your mind within 14 days of receiving the Order confirmation (“the cooling-off period”) and receive a refund. No refunds can be given after the 14 day cooling off period has elapsed except where goods we supply you are faulty, damaged or incorrect (see clause 8 of these Terms).
7.2 CANCELLING YOUR ORDER. If you have changed your mind and wish to cancel your Order within the cooling off period, please let us know by sending us an email at firstname.lastname@example.org providing your name, home address, email address, phone number, Founder number and the date you became a Founder. Please write “Cancel Founders’ Club” in the subject line of the email to ensure prompt processing of your request.
7.3 REFUNDS. To be eligible for a refund under clause 7.1, you must return any goods in their original and sealed condition along with the original packaging. You will be responsible for paying the cost associated for returning your item. Once your return is received and inspected, we will notify you that we have received your returned item and whether you are entitled to a refund. If you are entitled to a refund we will refund the price you paid by the payment method used within 30 days of us notifying you of your entitlement to a refund.
8.1 We hope you will be happy with the goods you receive in connection with the Founders' Club. However, should you feel it necessary to return an item because it is faulty, different from its description at the time of purchase or different to what you ordered, please contact us at email@example.com within 14 days to inform us of the fault or error and to arrange a refund or replacement.
8.2 GOODS DAMAGED IN TRANSIT. We will take great care to pack your order to ensure that it arrives in perfect condition. Unfortunately, some parcels may incur damage while in transit. If a parcel shows clear signs of damage or leakage at the time of delivery, we suggest that you refuse the parcel and ask the courier to return the goods to sender. If you discover the goods are damaged after taking delivery, promptly notify us in writing with photographic evidence of the damage no later than seven days after the date of delivery. Provided notification is received within this time, we will replace the damaged goods where a replacement is available and bear the associated costs.
9.1 We reserve the right to make any changes in the specification of the goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
9.2 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
9.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clauses 9.2 and 9.3 of these Terms in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
9.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
9.7 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United States and the courts of the United States shall have exclusive jurisdiction to settle any such dispute or claim.
10.1 We will use the personal information you provide to us: to supply the goods to you; to process your payment; and if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
10.2 We will only give your personal information to third parties where the law requires us to do so.
11.1 We are Dalesmen Ventures, LLC, a company registered in Pennsylvania, United States of America. Our registered office is at 141 East Pitt Street, Bedford, PA, 15522. You can contact us by emailing firstname.lastname@example.org, or by writing to us at our registered office address. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application.