1. GENERAL INFORMATION

1.1 Who are we?

You can find everything you need to know about us, Decant Group Limited (trading simultaneously as Whisky Investment Partners, House of Decant and Decant Index) ("Decant Group" also referred to as "we", "us" or "our"), and our products on our websites before you place an order. Please visit our websites at: https://whiskypartners.com/; ; and www.decantindex.com).

Our company registration number is 12348943 and our registered office is at 105 Piccadilly London W1J 7NJ. Our registered VAT number is 353 6795 64.

You can contact us by telephoning our customer service team at +44 208 167 7712 or by writing to us at info@decantgroup.com (mailto:info@decantgroup.com).

We also confirm key information to you in writing after you place an order, either by email and/or in your online account (if you choose to set one up).

1.2 Our products

1.2.1 These terms and conditions apply to and form part of every contract between Decant Group Ltd and a Customer (also referred to as "you", "your") for the purchase of Retail Goods and Bonded Goods (as defined at paragraph 1.2.2 below).

1.2.2 For the purposes of these terms, Retail Goods shall comprise all products (excluding Bonded Goods) advertised by us for sale from time to time on this e-commerce platform for delivery directly to you, subject to applicable delivery charges (the "Retail Goods"). These terms shall also apply to the sale and purchase of bottled wine and spirits held in bond, hereafter ("Bonded Goods").

1.2.3 These terms and conditions shall apply to Retail Goods and Bonded Goods and shall collectively refer to each as the "Goods".

1.2.4 Certain Goods may be available exclusively online through the website. These Goods may have limited quantities and are subject to return or exchange only according to our returns policy at paragraph 5.

1.2.5 While we have made every effort to display as accurately as possible the colours and images of our Goods, we cannot guarantee that your device will accurately display the colour of any product.

1.2.6 We reserve the right, but are not obliged, to limit the sales of our Goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods that we offer. All descriptions of Goods (including pricing) are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Goods at any time.

1.3 Who (and what) are these terms and conditions for?

PLEASE NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO E-COMMERCE ORDERS PLACED BY PRIVATE (I.E. NON-TRADE) CUSTOMERS - WHO ARE CONSUMERS WHERE ANY ORDERS ARE FOR YOUR PERSONAL USE AND NOT FOR USE IN CONNECTION WITH YOUR TRADE, BUSINESS, CRAFT OR PROFESSION.

1.4 Exclusions from scope

These terms and conditions do not apply to the purchase of whisky or rum casks– we have separate terms and conditions for those products, which can be found here.

1.5 If you place an order with us, what other documents form part of the contract?

1.5 In addition to these terms and conditions, the following terms / policies also form part of the contract between us so please ensure you read them:

1.5.1 Cookies policy;

1.5.2 Websites’ terms of use policy;

1.5.3 Privacy policy.

Together with these terms and conditions, the above-mentioned documents are the ‘Terms’. The Terms are deemed incorporated into the contract between us.

1.6 Can we amend the Terms?

We may change the Terms from time to time and you should check these regularly (by returning to this webpage). Unless otherwise specified, references to a term shall be a reference to a term in this document. Specific terms signed off by or agreed by us in writing in any Orders placed for Goods shall take priority over the Terms in the event of any conflict

1.7 Do you have to set up an account with us to order Goods from this e-commerce platform?

1.7.1 No – but we would love it if you did! That way, we can keep you up to date with our latest deals and offers. If you would like to set up an online account with us, you should first review our Account T&Cs – available here.

1.7.2 However, if you would simply like to make a one-off purchase and not set up an account – that is possible. We will still need to collect certain information from you, however, in order to fulfil your order and verify your age if you are purchasing Goods containing alcohol. For details on how we will handle any personal information which you provide to us, see our Privacy Policy.

1.8 Important information about the Goods

1.8.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from us correspond to the actual Goods. Please note, however, that any images and descriptions in any brochures or on our website are produced for the sole purpose of giving an approximate idea of the Goods and shall not form part of the contract and shall have no contractual force. This does not exclude any liability for our negligence, fraud or fraudulent misrepresentation.

1.8.2 We shall have no liability for failure to meet a confirmed order where the Goods in question prove to be unavailable. If for any reason at any point before delivery of the Goods to you, we are unable to fulfil your order (or any part thereof) we will advise you of this and any amounts already paid will be refunded to you.

1.8.3 We cannot guarantee the vintage and ABV shown on the Goods page will be the same as the Goods you receive, due to the nature of our products.

All product measurements are approximate only.

2 ORDERS AND BIDS

ORDERS (RETAILS GOODS ONLY)

2.1 We only accept orders when we've checked them

2.2.1 We contact you to confirm we've received your order and then we contact you again to confirm we've accepted it. A contract will be formed between us and you for that order at the point at which we acknowledge acceptance of your order.

2.2.2 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

2.2.3 Each separate order shall be termed a ‘contract’, and these Terms shall apply to each order.

2.2 Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the product is age-restricted), because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

2.3 Order number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

2.4 Can you amend an order after placing it?

2.4.1 If you wish to make a change to your order, please contact us immediately.

2.4.2 We will let you know if the change is possible - though, given the nature of the Goods and/or depending on how quickly you contact us after placing your order, this may not always be possible. If it is possible, we will let you know about any changes to the price of the order and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

2.4.3 If we cannot make the change or the consequences of making the change are unacceptable to you, please let us know and we can cancel the order and will refund you for amounts already paid.

BIDS (BONDED GOODS ONLY)

2.5 Placing a bid

2.5.1 When placing a bid for Bonded Goods listed on our website, you acknowledge and agree that each bid submitted is irrevocable, binding and cannot be amended or corrected.

2.5.1 You may place a bid for the lot(s) listed on our website(s). Each bid must meet or exceed the minimum bid amount that is specified for that lot.

2.5.1 You must select a bid acceptance period when placing a bid which will be the period your bid remains open for acceptance by us. You may not withdraw any bid you place prior to the expiry of the bid acceptance period unless we provide our express written consent.

2.6 Acceptance of a bid

2.6.1 We reserve the right to the fullest extent legally permissible to accept or reject any bid made by you at our sole discretion and we reserve the right to alter any reserve price and to withdraw any lot prior to our acceptance of your bid.

2.6.2 The highest bid placed for a lot at the time the bidding process closes shall be deemed the winning bid, assuming that such winning bid is greater than any optional reserve price of that lot that has been set by us.

2.6.3 Bids will only be deemed to be accepted by us when we issue a formal notification of acceptance to you by email or via your Account. Our notification will include details in relation to the lot and the accepted bid amount.

LEGAL AND REGULATORY REQUIREMENTS - APPLICABLE TO BOTH ORDERS AND BIDS

2.7 Age requirement

2.7.1 Customers may only purchase Goods if you are at least 18 years old (or, if older, the relevant minimum legal drinking age in your jurisdiction ("MLDA")). We will carry out age verification checks at the point of purchase and/or delivery. Valid identification may be required.

2.7.2 We reserve the right to reject or cancel orders and reject or cancel bids if we are not satisfied with our age verification checks, and in such circumstances, we will refund you for any amounts already paid.

2.8 Other legal requirements

We confirm that all orders and or purchases made via a bid shall comply with all applicable laws and the rules and regulations of His Majesty’s Revenue & Customs (HMRC). You acknowledge and agree that we will not be under any obligation to proceed with any orders or purchases made via a bid which do not comply with applicable laws and/or the rules and regulations of HMRC.

2.9 Will we ever amend an order or lot after it is placed or bid on?

2.9.1 Minor changes to the Goods and these Terms. We may make minor changes to the Goods from its listed description:

2.9.1.1 to reflect changes in relevant laws and regulatory requirements;

2.9.1.2 to reflect changes necessary to the Terms; and

2.9.1.3 to implement minor adjustments and improvements.

2.9.2 More significant changes to the Goods and these Terms. If we are required to make material changes to a Goods order or to these Terms, we will notify you in writing (either by email or via your Account) of the proposed changes (and the date upon which they will be effective) and, if such changes are not acceptable to you, you may then contact us to cancel the order before the changes take effect. Please note that, if you do not notify us that such changes are unacceptable to you prior to their proposed effective date, then you will be deemed to have accepted such changes.

3. CHARGES AND PAYMENT

3.1 When will payment be due for an order? (Retail Goods only)

3.1.1 Our methods and timings of payments shall be set out prior to our acceptance of each order. Generally, however, payment for e-commerce orders will be due within 3 days of following confirmation of your order.

3.1.2 If you have not paid the full bid amount within the timeframe set out in paragraph 3.1.1 above we reserve the right to reject and/or cancel your order and re-list the Goods for sale on our website.

3.1.3 Once we are in receipt of full payment for the Goods, ownership of those Goods transfers to you.

3.2 When will payment be due for a lot? (Bonded Goods only)

3.2.1 If any bid you place on a lot is accepted you must pay the full bid amount within 3 days following our formal notification of acceptance issued to you.

3.2.2 If you have not paid the full bid amount within the timeframe set out in paragraph 3.2.1 above we reserve the right to:

3.2.2.1 charge you late payment interest at a rate of 2% above to the prevailing Bank of England base rate from time to time on the outstanding amount until the balance is paid in full and final settlement;

3.2.2.2 cancel our contract with you and relist the lot for bidding without any liability to you; or

3.2.2.3 offer the lot to the next highest bidder.

3.3 What payment methods do we accept?

We accept a range of payment methods and/or card issuers including registered American Express cards.

3.4 Who will process your billing information?

3.4.1 We do not hold your card details in our systems. Card details are held securely at a third-party provider in compliance with Payment Card Industry Data Security Standard for processing card details.

3.4.2 To ensure that your payment card is not being used without your consent the name, address and other personal information supplied by you during the order process may be validated against appropriate third-party databases. By placing an order, you consent to these, and similar checks being made. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018 (as amended from time to time) and any other relevant data protection law. However, we may refer any information which appears to be fraudulent or unlawful to relevant third parties such as police or other enforcement authorities, banks or credit card companies as may be appropriate.

3.5 Is VAT payable?

Retail Goods

3.5.1 For Retail Goods, you will be charged VAT in accordance with HMRC rules prevailing at the time of the order. Any change in duties, tariffs or other taxes which arise because of changes in laws will be the responsibility of the Customer.

3.5.2 If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

Bonded Goods:

3.5.3 VAT is not chargeable at the point of purchase of the Bonded Goods as they will remain under bond.

3.5.4 Excise duty and VAT is chargeable on the Bonded Goods once they are released from bond.

3.5.5 You will be charged VAT on the release of Bonded Goods in accordance with HMRC rules.

3.6 What about import duties / taxes?

Imported Goods.

3.6.1 If Goods are being ordered from outside of the UK, import duties, tariffs and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges, and we undertake to make no calculations or estimates in this regard.

3.6.2 As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your Goods will be free of signs of tampering.

3.7 What happens if we got the price wrong?

3.7.1 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will check prices before accepting your order so that, where the correct price of the Goods at your order date is less than our stated price at your order date, we will charge the lower amount.

3.7.2 If the correct price of the Goods at your order date is higher than the price stated to you, we will contact you to notify you of this and what the actual price payable for your order will be, and to take your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

4. DELIVERY (RETAIL GOODS ONLY)

4.1 Any indication as to when an order of Retail Goods will be delivered is an estimate only. Such estimates are given in good faith, and we will use our reasonable endeavours to meet them. We do not accept liability for any failure to deliver at the estimated time.

4.2 We reserve the right to charge additional delivery costs in the event of a non-delivery caused by your failure to provide adequate delivery instructions and/or your non-availability to receive the delivery.

4.3 We're not responsible for delays outside our control

4.4 If our supply of your Retail Goods is delayed by an event outside our control, such as shortages of stock, communication failures, or staff strikes, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us to end the contract and receive a refund for any Retail Goods you have paid for, but not received.

When is delivery deemed complete?

4.5 Deliveries of orders shall be deemed complete upon the relevant order being confirmed by our delivery partners as having been delivered (and, if required, signed for) at the delivery address you provided at the time of placing your order.

4.6 If you receive an email from us confirming that delivery has taken place, but you have not received your order, please contact us immediately.

5 CANCELLATION AND RETURNS

5.1 Your legal right to change your mind

5.1.1 For most of our Goods bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it.

5.2 The deadline for changing your mind

If you change your mind about an order for Retail Goods or Bonded Goods, you must let us know no later than 14 days after the day we deliver it. If your order is split into several deliveries over different days, the period runs from the day after the last delivery.

5.3 How to let us know

To let us know you want to change your mind, please contact us at +44 208 167 7712 or by writing to us at info@decantgroup.com.

Please provide your name, home address, details of the order (including order number), and your phone number and email address. Or else, if you have set up an Account, you can notify us through your Account portal.

5.4 Ending the contract because of something we have done or are going to do.

5.4.1 If you are ending the contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

5.4.1.1 we have told you about an upcoming change to the product or these Terms which you do not agree to;

5.4.1.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

5.4.1.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

5.4.1.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 weeks; or

5.4.1.5 you have a legal right to end the contract because of something we have done wrong.

5.5 Return of Retail Goods:

5.5.1 If Retail Goods have been delivered to you, they may only be returned if they are unopened, undamaged and in their original packaging.

5.5.2 You have to return the Retail Goods at your own cost: Retail Goods must be returned at your own cost and within 14 days of you telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you placed your order. You can send Retail Goods back to us, using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this, and we don’t receive the Retail Goods at all or within a reasonable time, we won't be able to refund you the price.

5.5.3 We only refund standard delivery costs: We don't refund any extra you have paid for express delivery or delivery at a particular time.

5.6 The refund process: when and how we refund you

5.6.1 In respect of both Retail Goods and Bonded Goods:

5.6.1.1 if you tell us that you've changed your mind about an order, we refund you as soon as possible and within 14 days; and

5.6.1.2 we refund you by the same method you used for payment. We don't charge a fee for the refund.

5.6.2 If you're sending Retail Goods back to us, we refund you within 14 days of receiving those Goods (or receiving evidence you've sent them to us).

6. FAULTY OR DAMAGED GOODS

6.1 You have rights if there is something wrong with your order

6.1.1 If you think there is something wrong with your order, or it is damaged on delivery, you must contact our customer service team at +44 208 167 7712 or write to us at info@decantgroup.com.

6.1.2 We may require faulty or damaged Goods to be returned to us. We will arrange this as necessary at your convenience and at our cost.

7. OUR LIABILITY TO YOU

7.2 We don't compensate you for all losses caused by us or our Goods

We're responsible for losses you suffer caused by us breaking our contract with you, unless the loss is:

7.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

7.1.2 Caused by a delaying event outside our control. We are not responsible for delays outside our control.

7.1.3 Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

7.1.4 A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

7.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods; and for defective products under the Consumer Protection Act 1987.

7.3 Maximum liability

Our maximum liability to you for any breach of contract or negligence on our part in relation to any Goods which directly results in in its total loss shall be limited to its fair market value at the date of the relevant loss.

7.4 Authenticity

You agree that we will have no liability to you whatsoever regarding the authenticity, of any Goods after six years following the date of purchase and any and all liability (in respect of any claim) before six years shall be limited to the purchase price of the Goods.

7.5 No warranty

7.5.1 We make no warranty or representation that the Goods are fit for any specific investment purposes or for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit including any depreciation of value of Bonded Goods, loss of business, interruption to business, or for any loss of business opportunity.

7.5.2 We cannot warrant any provenance or information given to us by third-party suppliers. This does not affect your statutory rights.

8 INVESTMENT AND FUTURE VALUE

8.1 You acknowledge that:

8.1.1 any projections given by us on the future value of the Bonded Goods, implied or otherwise, should be seen as potential returns only. Decant Group provides no warranties or guarantees on the future value of the Bonded Goods and provides no tax advice in respect thereof.

8.1.2 Decant Group is not authorised to give financial or investment advice under Financial Services legislation, nor are we regulated under such legislation. Any reliance that you place on any advice, communication and/or published information (on our website or otherwise) is entirely at your own risk and Decant Group shall not be held responsible or liable in respect of any losses that you incur as a result of such reliance. We strongly recommended you take professional legal, financial and/or tax advice (as appropriate) prior to making any investment decisions relating to the Bonded Goods

8.1.3 all information contained in our marketing materials or website is not intended to be an offer to buy or sell securities, and our website should not be regarded as an offer of solicitation to conduct investment business of any investment or activity regulated by the Financial Conduct Authority (FCA); and

8.1.4 Decant Group is not required to be authorised or regulated by the FCA and the Bonded Goods are not an investment of a specified kind within the scope of the Financial Services and Markets Act 2000 nor is it a controlled investment subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. No information provided by us shall be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the Financial Services and Market 2000.

8.2 You accept that:

8.2.1 investment in the Bonded Goods is not regulated by any regulatory body or authority and involves a large degree of risk and knowledge. Therefore, the nature of the Bonded Goods purchased are speculative in nature;

8.2.2 the price of the Bonded Goods may decrease or lose its value completely. Investment in the Bonded Goods should be considered a medium or long-term investment; and

8.2.3 the value of the Bonded Goods may depreciate for a number of external factors including, without limitation, the demand for the Bonded Goods falling or the Bonded Goods deteriorating (being a perishable item).

9. PERSONAL DATA

9.1 We use your personal data as set out in our Privacy Policy

Details about how we use any personal data you give us is set out in our Privacy Policy.

10. DISPUTE RESOLUTION

10.1 You have several options for resolving disputes with us

Our complaints procedure. We always welcome feedback from our Customers and, whilst we always use all reasonable endeavours to ensure that your experience as a Customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in one of the following ways:

10.1.1 In writing, addressed to Complaints Department, 105 Piccadilly London W1J 7NJ;

10.1.2 By email, addressed to Complaints Department at complaints@decantgroup.com;

10.1.3 Using Our online contact us form, following the instructions included with the form; or

10.1.4 By telephone, on +44 208 167 7712.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

11. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

11.1 Transfer of contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your order. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this.

11.2 Intellectual property

Copyright, trademarks, database rights and all similar rights on our websites and any marketing materials, documents or information issued to you are all owned by us or our licensors or relevant third-party content providers. You may use the information on our websites and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without our prior written permission. Nothing in our marketing materials or on our websites should be construed as granting any license or right under any trademark.

11.3 Third party rights

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

11.4 Invalidity

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

11.5 Enforcement

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.