Founding Members' Terms and Conditions
1. BASIS OF CONTRACT
1.1 These terms and conditions as amended from time to time (“Conditions”) together with a related order form constitute a contract between The Maidstone Distillery (“Supplier”) and you (“you” or “Member”) in connection with your membership of The Maidstone Distillery Founding Members Club (“Contract”) to the exclusion of any other terms.
1.2 The submission of an online purchase form (“Order”) by the Member constitutes an offer by the Member to become a part of the Founding Members’ 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 the Supplier issues a written acceptance of the 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 it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier 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. The Supplier will not accept Orders from, nor arrange delivery of alcohol to, any person under the age of 18 at the date of the Contract.
1.6 Founder membership is only available to UK residents.
2.1 Membership of the Founding Members’ Club entitles the Member to receive:
2.1.1 A 70cl bottle of London Dry Gin taken from the first runs of spirit to be produced by the Supplier at The Maidstone Distillery and delivered to your address in the UK. The Gin will only be delivered once production has begun later in the year.
2.1.2 Your name as described in the Contract will feature on a bespoke and unique piece of Copper Art designed and created by a local artist. The Artwork will be displayed in a prominent position as a record of those who supported this Distillery.
2.1.3 The member shall receive 10% off all goods and services for the first year, with the exception of the bar. This will not apply to any sale items or those items which are already discounted. If certain services are not available at the opening of the Distillery, the Supplier will have the discretion to extend the offer for those particular services. The discount will not be valid against the purchase of further Founding Memberships.
2.1.4 The member will receive a membership pack sent to the shipping address provided at point of sale.
2.1.5 The Member will receive ‘early bird access’ to certain events, promotions and special offers made by the Distillery before they go on general release to the public. The member will be contacted by email with the details of each event, promotion or special offer.
2.1.6 Founding Members will be offered the chance to attend a Behind the Scenes event, with or without a plus one, which includes a tour, meeting the founders and taste testing our products. Founding members will only be entitled to attend one event each.
2.1.7 Founding Members will be offered the chance to attend our launch event in 2020 and to bring a plus one.
2.2 All Memberships and benefits are non-transferable. Proof of identity may be requested.
2.3 Lost or stolen membership cards will be replaced but we cannot offer the same membership number. There may be a small admin charge to cover this.
2.4 A temporary membership card will be sent with the Founding Member welcome pack and will be upgraded closer to our opening date.
3 BUYING THIS AS A GIFT
3.1 The Founding Member welcome pack will be sent to the details used in the Shipping section at the checkout. The Shipping name will be the name printed inside the Membership pack.
3.2 If you intend to have this posted as a gift to someone else, their name and address should be recorded in the Shipping section. You should ensure that the billing address matches the address that the payment method is registered against.
3.3 If you intend to have this item posted to yourself but as a gift for someone else, you should ensure their name is added to the Shipping section so that the Membership pack is made out to them. If in any doubt before or after placing your purchase, an email can be sent, including any purchase confirmation, to firstname.lastname@example.org soon as possible, and in any case within 7 days of delivery.
4.1 The Membership Pack will be despatched within 7 working days of placement of order by Royal Mail First Class post. However orders received before midnight on Wednesday 12 June will be delivered in time for Father's Day.
4.2 The Membership Pack will only be posted to an address in the UK.
4.3 The Supplier shall deliver the “Goods” (Membership Pack and bottle of Gin) to the Shipping address set out in the Order. If the Shipping address should change between the placing of the order and the supply of Goods, then the Member should contact the Supplier in writing providing the new address details at least 7 days before the Goods are despatched.
4.4 The bottle of Gin will consist of a 70cl bottle of our London Dry gin from the first runs / batches of spirit made at the Distillery, once our production line has begun. As such we cannot guarantee an exact delivery date of the Gin, but it will take place before the end of 2019 around the time we open. All Founding Members will be notified by email once the Gin is due to be despatched. The Gin will be despatched by Royal Mail second class post.
4.4 Delivery of the Goods shall be completed on their arrival at the Delivery Location, whereby title to and risk in the Gin shall pass to the Member. In the event that Goods arrived damaged, for example the bottle is broken in transit prior to delivery, the member must promptly notify the Supplier 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, the Supplier shall arrange for delivery of a replacement and may request that the Member return the damaged item(s) at the cost of the Supplier.
4.5 The Supplier shall not be liable for any delay or failure in delivery of the Gin 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 the Supplier with adequate delivery instructions, a correct shipping address or any other instructions that are relevant to the supply of the Gin.
4.5 In the event of the Supplier’s total and ongoing failure to perform, and to be able to perform in future, the Contract in the event of an irremediable Force Majeure Event 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 the Supplier retains the right to either (i) refund such proportion of the Membership Price that relates to Goods yet to be supplied or (ii) deliver an alternative bottle of Gin to Members.
4.6 If the Member fails to accept delivery of the Goods within two attempts at delivery by the Supplier, then the Supplier shall return the Gin 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 Gin shall be borne by the Member. If contact is not made within 90 days following the Last Attempt the Supplier shall be entitled to dispose of the undelivered Gin as it sees fit without liability to the Member.
5 YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
5.1 Cancellation of Order for Membership:
5.1.1 You may cancel an Order for membership, within 14 calendar days from the day on which your Membership is confirmed by the receipt of cleared funds of the balance in full or the first instalment for the Order by the Supplier by notifying the Supplier in writing, within the stated term, by emailing email@example.com. The Supplier will confirm your cancellation in writing.
5.1.2 If you cancel an Order under clause 5.1.1 and you have paid the Membership Price the Supplier will refund the Membership Price to you. If you have paid by instalment, your instalment will be returned to you.
5.1.3 Gift Return: The Supplier will only accept returned gifts and arrange refunds where this is sought by the customer who purchased the gift originally and to the payment method used originally.
6.1 As a consumer, you have legal rights in relation to the Gin 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.
6.2 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.
7 PRICE AND PAYMENT
7.1 The membership price for entry into the Founding Members’ Club (“Membership Price”) is (i) £150.00 (not chargeable for VAT purposes), payable immediately in one single instalment to the Supplier on the date that the Member’s Order is accepted by the Supplier or (ii) £150.00 (not chargeable for VAT purposes) payable in an initial instalment at checkout of £50 followed by two equal instalments of £50 to the Supplier commencing on the date that the Member’s Order is accepted by the Supplier, or such other price as the Supplier may advertise from time to time.
7.2 On expiry or termination or cancellation by the Member of this Contract for any reason, or by the Supplier in accordance with clauses 4.5 or 4.6, the Supplier 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 5.1. of where a refund is made in accordance with clause 4.5. The Membership Price is inclusive of the cost of bottling the Gin and, provided that the Member’s Shipping Location is within the United Kingdom, the costs and charges of packaging, insurance, any applicable taxes and duty and delivery of the Goods.
7.3 The Supplier will dispatch to the Member a membership pack on receipt of cleared payment of the full Membership Price. Where a Member pays the Membership Price in instalments, the membership pack will be dispatched to the Member on receipt of the first cleared instalment payment.
7.4 Where the membership Price includes VAT, the Supplier shall provide a VAT invoice.
7.5 The second and third instalments of the payment for membership will be requested by invoice. These will be sent by email to the email address used when placing the initial order, unless we are notified in writing at firstname.lastname@example.org. There will be the option to pay right away by clicking ‘Pay Now’ on the invoice. The invoices will be raised within 30 days and 60 days respectively from receipt of the first payment of £50. The payment terms for each invoice will be 7 calendar days from receipt.
7.6 In such an event that the second and/or third instalments are not paid by the member, the membership and its benefits, including gin and discounts, will be cancelled and the first instalment will not be refunded.
8 CUSTOMER CIRCUMSTANCES
8.1 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 the Supplier shall continue to supply the Gin to the Shipping Location, but shall recognise instructions in connection with the Contract (including but not limited to any amendment to a Shipping Location) only from the personal representatives, or those persons duly authorised to act on behalf of, the Member.
9 SPECIAL OFFERS AND DISCOUNT
9.1 From time to time, and at its discretion, the Supplier may publish special offers by email available to Members in connection with various of its products and via its website. The Site may require the Member to set up an account to access the Site in order that the Member may view the special offers. If the latter is the case, you will be notified in writing.
9.2 As part of the Founders' Club, the Member is entitled to 10% off online purchases for the first year or in our shop, with the exception of gift vouchers, bar purchases and membership clubs. This discount also cannot be used in conjunction with any other offer, promotion or sale item.
10 SPECIAL EVENTS OR FOUNDING MEMBER ONLY EVENTS
10.1 Founding Member only events:
10.1.1 Founding Members will automatically be entered into each prize draw for each Founding Member only event. The number of winners may vary depending on the type of event. Founding members will only be eligible to attend one event. Events will be publicised via social media and email.
10.1.2 Attendance at Member only events is non-transferable.
10.1.3 If you are unable to attend a Founding Member event and you have been selected as a winner, please send an email to email@example.com soon as possible so that another winner can be selected.
10.2 Early bird access to events:
10.2.1 Founding Members will enjoy ‘early bird’ access to all other Distillery events and promotions. Members will be notified by email with further details at least 24 hrs before the event or promotion is opened up to the general public.
10.2.2 Founding Members will also be able to use their 10% discount against the cost of exclusive events.
10.2.3 Once attendance at an event is confirmed, any cancellation may be exercised as per the Terms & Conditions attached to it once they are made public.
11.1 The Supplier may terminate the Contract and your membership at any time with immediate effect by giving you written notice if:
11.1.1 you do not pay the Membership Price as set out in clause 7.1 or 7.3, as applicable;
11.1.2 the Supplier discovers that you are not of the minimum legal age as confirmed at clause 1.5; or
11.1.3 you breach clause 12.2 of the Contract.
11.2 In the event of termination by the Supplier in accordance with clause 11.1 above, the Member shall not be entitled to a refund of the Membership Price and the Supplier shall be entitled to dispose of the Gin as it sees fit without liability to the Member.
11.3 The Founding Members’ Club fees entitle the member to special status and recognition at the Distillery and the fee is regarded as part of our customer engagement and pre-launch fund raising activities. This means that the profit raised from the sale of the Founding Members’ Club, minus all expenses, will be used to invest in the company before it opens. If for any unforeseeable reason the business must close before opening, and therefore the rights and benefits of this membership have not been exercised, then the person who purchased the membership will be entitled to a full or part refund, dependant on the goods and services that have been delivered under this agreement. In this event, which is highly unlikely, the purchaser will be notified in writing.
12 LIMITATION OF LIABILITY
12.1 If the Supplier 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 the Supplier’s negligence, but the Supplier is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Supplier’s breach or if they were contemplated by both the Member and the Supplier at the time of entry into this Contract.
12.2 The Supplier supplies the Gin for domestic and private use. The Member agrees not to use the Gin for any commercial, business or re-sale purpose.
12.3 Subject to clause 12.4, the Supplier 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.
12.4 The Supplier does not exclude or limit in any way its liability for:
12.4.1 death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
12.4.2 fraud or fraudulent misrepresentation;
12.4.3 breach of the terms implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979;
12.4.4 defective products under the Consumer Protection Act 1987;or
12.4.5 anything which cannot be excluded or limited by applicable law.
12.5 Subject to clause 10.3 the Supplier'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.
13 HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 The Supplier will use the personal information provided to it to provide the Goods to the Member and perform its obligations under the Contract, process the payment of the Membership Price and inform the Member about similar products or services that the Supplier provides, but the Member may choose to stop receiving these at any time by contacting the Supplier stating that (s)he no longer wishes to receive such communications. The Supplier will not give the Member’s personal data to any other third party without the Member’s prior written consent.
14.1 Assignment and subcontracting. The Supplier 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 the Supplier.
14.2 Notices. The Supplier is a company registered in England and Wales with company registration number 11498761. If a Member has any questions or complaints, he should contact the Supplier by e-mail at “firstname.lastname@example.org”. If a Member wishes to contact the Supplier in writing, or if any clause in these Conditions requires a Member to give the Supplier notice in writing, this should be sent to the Supplier by e-mail using the Supplier’s contact details above. The Supplier will confirm receipt of this by contacting the Member in writing. If the Supplier 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 the Supplier in the Order.
14.3 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.
14.4 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.
14.5 Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
14.6 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 the Supplier.
14.7 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, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
The Maidstone Distillery Limited