OVERVIEW

This website is operated by Dram5 Ltd, a company registered in England and Wales ("Dram5," "we," "us," or "our"). Throughout the site, the terms "we," "us," and "our" refer to Dram5. We offer this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing whisky from us, you engage in our "Service" and agree to be bound by the following Terms & Conditions ("Terms"), including additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of or access to the website following any changes constitutes acceptance of those changes.

1. AGE RESTRICTION

This Site operates under UK law, where it is unlawful for individuals under the age of 18 to purchase or attempt to purchase alcohol, or for adults to procure alcohol on behalf of minors. The Site is intended solely for users aged 18 or older. By purchasing alcohol, you confirm the following: (1) you are at least 18 years old (or the legal drinking age in your country of residence, if higher); (2) you are not purchasing alcohol for anyone under the legal drinking age; and (3) both you (at the time of purchase) and the recipient (in the destination country) meet all applicable legal age requirements for alcohol consumption.

When placing an order, you agree to ensure that you or another legally eligible adult will be available to sign for the delivery. If no authorised adult is present, you accept full responsibility for rearranging delivery or collection directly with the courier.

We reserve the right to cancel any order if we suspect non-compliance with these age restrictions. By accepting these Terms, you confirm your eligibility to purchase and receive alcohol in accordance with all relevant laws.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time, without prior notice, in accordance with applicable laws. We employ robust safeguards to protect your data, including encryption of information during transmission. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without explicit written authorization from us. By using the Service, you acknowledge that you have read, understood, and agreed to these Terms, forming a legally binding agreement with us. We may amend, update, or replace these Terms at our sole discretion. Revised Terms will be posted on our website with an updated effective date, and continued use of the Service constitutes acceptance of the changes. If any provision of these Terms is deemed invalid or unenforceable under law, that provision will be removed without affecting the validity of the remaining Terms. Our failure to enforce any right or provision does not waive our right to enforce it at a later time.

3. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We do not guarantee that the information on this site is accurate, complete, or current. The content is provided for general information only and should not be relied upon solely for decision-making. Any reliance on the material is at your own risk.

4. MODIFICATIONS TO THE SERVICE AND PRICES

All product prices and Service features are subject to change without prior notice. We reserve the right to modify, correct, or discontinue the Site, Marketplace Offerings, or any part thereof at any time, at our sole discretion, including updating descriptions, pricing, availability, or removing content. We assume no obligation to update information on the Site or to maintain uninterrupted availability of the Service, and we shall not be liable for any errors, inaccuracies, omissions, or disruptions caused by technical issues (e.g., hardware/software failures, maintenance). You acknowledge that we may suspend, revise, or terminate the Site or Marketplace Offerings without notice, and we disclaim all liability for losses, damages, or inconveniences arising from such actions, including your inability to access the Service. Nothing in these Terms obligates us to provide corrections, updates, or ongoing support for the Site or Marketplace Offerings.

5. PRODUCTS OR SERVICES

Our whisky and related products are available may be exclusively online and may be offered in limited quantities. We reserve the right to restrict sales to specific individuals, geographic regions, or jurisdictions. All product descriptions, features (including colours and specifications), and pricing are subject to change without notice. While we strive to display products as accurately as possible, variations may occur due to electronic display limitations, and we do not guarantee the accuracy, completeness, or reliability of such representations. Product availability is not guaranteed, and we may discontinue items at any time. Presentation boxes are included only if depicted in the product imagery and may be packaged separately to ensure safe delivery. We make no warranties regarding product quality or its conformity to your expectations.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order at our sole discretion. This includes restricting quantities purchased per person, household, account, payment method, or shared billing/shipping address. Orders suspected of being placed by dealers, resellers, or distributors may be prohibited. In the event of order changes or cancellations, we will endeavour to notify you via the email address, billing address, or phone number provided during checkout. You agree to provide current, complete, and accurate purchase and account information, including valid payment details (e.g., credit card numbers, expiration dates) and a functional email address. It is your responsibility to promptly update this information to ensure successful transactions and communication.

For further details on cancellations, returns, or refunds, please refer to our Returns Policy.

7. DELIVERY & SHIPPING

Alcohol deliveries require an adult signature upon receipt. If an eligible recipient is unavailable to accept the delivery, re-delivery charges may apply. We are not responsible for delays caused by external couriers or customs clearance. Shipping restrictions apply based on regional and national alcohol laws. For further details on delivery and shipping, please refer to our Shipping Policy.

8. RETURNS & REFUNDS

Due to the nature of our products, we do not accept returns of alcohol unless the product is faulty or damaged upon arrival. If you receive a damaged or incorrect item, please contact us within 7 days of receipt with photographic evidence. Refunds will be processed in accordance with our refund policy.

Please review our Return Policy posted on the Site prior to making any purchases.

9. THIRD-PARTY LINKS

The Site may include links to third-party websites ("Third-Party Websites") or display content, tools, or services (e.g., articles, software, videos, maps) provided by third parties ("Third-Party Content"). These are provided for convenience only and do not imply endorsement, affiliation, or responsibility by us for their accuracy, reliability, or appropriateness. We neither monitor nor assume liability for Third-Party Websites' content, policies (including privacy practices), or services, nor for transactions conducted through them. By accessing Third-Party Websites or using Third-Party Content, you do so at your own risk and acknowledge that these Terms no longer apply. You are solely responsible for reviewing the third party's terms, privacy policies, and practices before engaging in transactions, and for resolving any disputes directly with them. We disclaim all liability for harm, losses, or damages arising from third-party goods, services, or content, including financial losses from transactions. You agree to hold us harmless from any claims related to your use of Third-Party Websites or Content.

10. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send certain specific submissions (e.g., contest entries) or creative ideas, suggestions, proposals, plans, or other materials, you agree that we may use, edit, copy, and distribute such content at any time without restriction.

11. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

12. PROHIBITED USES

By accessing or using the Site, you expressly agree not to engage in any of the following prohibited activities:

Unlawful or Harmful Conduct:

• Using the Site for unlawful purposes, including violating international, national, or local laws, regulations, or ordinances.
• Soliciting others to perform or participate in unlawful acts.
• Infringing upon intellectual property rights (ours or third parties'), including unauthorised copying, distribution, or reverse-engineering of content, code (e.g., Flash, PHP, HTML), or software.
• Harassing, abusing, threatening, defaming, discriminating against, or intimidating individuals or groups based on protected characteristics such as gender, race, religion, age, disability, or sexual orientation.
• Submitting false, misleading, or deceptive information, including fraudulent reports of abuse or misconduct.

Security & System Integrity:

• Circumventing, disabling, or interfering with security features (e.g., access restrictions, content copying limitations).
• Uploading, transmitting, or distributing viruses, malware, Trojan horses, spyware (e.g., web bugs, cookies, tracking pixels), or any malicious code that disrupts the Site's functionality, infrastructure, or users' experience.
• Attempting to gain unauthorised access to accounts, networks, or sensitive information (e.g., passwords) through deception, phishing, or impersonation.
• Overburdening the Site's servers or networks via excessive automated requests, scraping, data mining, or unauthorised bots/scripts.

Unauthorised Exploitation:

• Systematically retrieving data to compile databases, directories, or collections without written permission.
• Using automated tools (e.g., spiders, robots, scrapers) or unauthorised scripts to extract content, send messages, or simulate human interaction.
• Framing, linking to, or embedding the Site in ways that imply affiliation, endorsement, or commercial benefit without approval.
• Engaging in commercial activities, including advertising, resale, or revenue-generating endeavours, unless expressly authorised.

User Interactions & Ethics:

• Collecting, tracking, or harvesting personal information (e.g., usernames, email addresses) for unsolicited communications, spam, or phishing.
• Creating user accounts under false pretences or using automated means to generate profiles.
• Transferring, selling, or otherwise misusing your account or profile.
• Disparaging, tarnishing, or harming our reputation, employees, or agents through false claims or abusive behaviour.

We reserve the right to suspend or terminate your access to the Site for any violation of these prohibitions, at our sole discretion and without prior notice.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Site and its services are provided strictly on an "as is" and "as available" basis, without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement. We do not guarantee uninterrupted, secure, timely, or error-free operation of the Site, nor the accuracy, reliability, or completeness of its content, results, or products/services obtained through it. You acknowledge that we may suspend, modify, or terminate the Site or any services at any time without prior notice.

Your use of the Site is at your sole risk. To the maximum extent permissible under applicable law, we, our directors, employees, affiliates, and agents shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including lost profits, revenue, data, or savings) arising from your use of the Site, products procured through it, or reliance on its content, whether based on contract, tort (including negligence), strict liability, or otherwise—even if advised of the possibility of such damages. This exclusion applies to, but is not limited to, personal injury, property damage, unauthorised access to servers or stored data, service interruptions, transmission of viruses/malware, errors in content, or transactions with third-party providers linked to or advertised on the Site.

In jurisdictions that prohibit the exclusion of implied warranties or limitation of liability for incidental/consequential damages, our liability shall be limited to the maximum extent permitted by law, not exceeding the amount paid by you to us in the six (6) months preceding the claim. You agree to exercise caution and judgment when engaging with third-party content, products, or services accessed via the Site, as we assume no responsibility for their quality, legality, or accuracy.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Dram5 Ltd, its subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and partners from and against any third-party claims, losses, damages, liabilities, costs (including reasonable solicitors' fees), or demands arising out of or related to: (1) your use of the Site; (2) your Contributions (e.g., content, comments, or materials you submit); (3) any breach of these Terms of Use, including incorporated documents; (4) your violation of any law or third-party rights (e.g., intellectual property, privacy); (5) false or misleading representations/warranties made by you; or (6) harmful acts toward other users connected through the Site. We reserve the right, at your expense, to assume exclusive control of the defence and settlement of any matter subject to indemnification under this clause. You agree to cooperate fully with our defence efforts and bear all associated costs. While we will make reasonable efforts to notify you of any such claim, action, or proceeding, failure to provide prompt notice shall not relieve you of your indemnification obligations.

15. TERMINATION

These Terms remain in full force until terminated by either party. You may terminate this agreement at any time by ceasing use of the Site or notifying us in writing. We reserve the right to terminate or suspend your access to the Site, Marketplace Offerings, or your account immediately, without notice, at our sole discretion, for any reason—including but not limited to breach of these Terms, violation of applicable laws, or suspicion of misconduct. Upon termination, you remain liable for all obligations (e.g., payments, disputes) incurred prior to termination. We may deny access to the Site (including blocking IP addresses), delete your account, and remove any content you posted. You are prohibited from creating new accounts under your name, a pseudonym, or a third party's identity, even with their consent. We reserve the right to pursue legal action (civil, criminal, or injunctive) for violations of these Terms.

16. ENTIRE AGREEMENT

These Terms of Service, along with all policies, guidelines, and operating rules published on or in relation to the Service, constitute the entire agreement between you and us, superseding all prior or contemporaneous agreements, communications (oral or written), or proposals—including previous versions of these Terms. No failure or delay by us in exercising or enforcing any right or provision under these Terms shall constitute a waiver thereof, and any waiver must be explicitly granted in writing to be effective. Ambiguities within these Terms shall not be interpreted against the drafting party (us). Clauses intended to survive termination, including but not limited to indemnification, liability limitations, and governing law provisions, shall remain in full force and effect indefinitely following the conclusion of this agreement.

17. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the United Kingdom, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually residing in the European Union, you retain the protections of mandatory provisions under the laws of your country of residence. Both parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales. This means you may bring claims to enforce your consumer rights under these Terms either in the United Kingdom or in the EU member state where you reside.

18. CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to support@dram5.com.