Terms & Conditions

This agreement applies as between you, the User of this website and Margolin Spirits, the owner(s) of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
a) “Content”means any text, graphics, images, audio, video, software, data compilations and any other
form of information capable of being stored in a computer that appears on or forms part of this website;
b) “Margolin Spirits” means Margolin Spirits LTD of Saint Martins Road, Rosslare Harbour, Wexford, Y35 C434, Email: hello@themargolin.com;
c) “Service” means collectively any online facilities, tools, services or information that Margolin Spirits
makes available through the website either now or in the future;
d) “System” means any online communications infrastructure that Margolin Spirits makes available
through the website either now or in the future. This includes, but is not limited to, web-based email,
message boards, live chat facilities and email links;
e) “User” / “Users” means any third party that accesses the website and is not employed by
Margolin Spirits and acting in the course of their employment; and
f) “website” means the website that you are currently using.

2. Intellectual Property

All Content included on the website, unless uploaded by Users, including, but not limited to, text,
graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code
and software is the property of Margolin Spirits, our affiliates or other relevant third parties. By
continuing to use the website you acknowledge that such material is protected by applicable Irish and
International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website
unless otherwise indicated on the website or unless given express written permission to do so by
Margolin Spirits.

3. Scope of application

The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
Our deliveries, services and offers are exclusively based on these terms and conditions. The terms and
conditions therefore also apply to all future business relations with companies, even if they are not
expressly agreed again. The inclusion of terms and conditions of a customer which contradict our
Terms and Conditions is hereby already objected to.
The contract language is exclusively English.

4. Consumer, scope of the order

Our offer is directed at consumers. Consumers are natural persons for whom the purpose of the order
cannot be attributed to a commercial activity.
Please note that the following regulations regarding the return costs and the right of withdrawal only
apply to orders placed by consumers in the aforementioned sense. In particular, the statutory right of
withdrawal does not apply to commercial resellers. We reserve the right not to accept orders exceeding
one bottle per type or which are obviously intended for resale.

5. Information on the conclusion of the contract

The presentation of goods in the online shop does not constitute a binding application for the conclusion
of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
By clicking the button “Order subject to payment” in the last step of the checkout, you submit a legally binding offer to purchase. Immediately before submitting this order, you can check the order again and correct it if necessary.
After receipt of the purchase offer, you will receive an automatically generated email with which we
confirm that we have received your order (confirmation of receipt). This confirmation of receipt does
not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of
receipt.
A binding purchase contract is only concluded when we expressly declare acceptance of the purchase
offer (order confirmation) or when we dispatch the goods to you – without prior express declaration of
acceptance.
The appearance of the bottles may differ from the photos shown. The taste descriptions on the website
and in the videos are non-binding.
Orders are only possible in household quantities.

6. Prices
The prices stated on the product pages include the statutory value added tax and other price components
and are exclusive of the respective shipping costs and any cash on delivery charges.

7. Terms of Payment; Default

Payment shall be made either by:credit card or Paypal.
The selection of the respective available payment methods is incumbent upon us. In particular, we
reserve the right to offer you only selected payment methods for payment, for example only prepayment
to hedge our credit risk.
When paying by credit card, the purchase price will be charged to your credit card upon completion of
the order process.
When paying with PayPal, you will be redirected to the website of the online provider PayPal during
the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or
register first, legitimise yourself with your access data and confirm the payment instruction to us. After
submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive
further instructions during the ordering process. The payment transaction will be carried out
automatically by PayPal immediately afterwards.
When paying by direct debit, you may have to bear the costs incurred as a result of a chargeback of a
payment transaction due to a lack of funds in your account or due to incorrect bank details provided by
you.
If you are in default with a payment, you are obliged to pay the statutory default interest of 5 percentage
points above the base interest rate. You may be charged a reminder fee of 1 EUR for each reminder sent
to you after the default has occurred, unless lower or higher damages are proven in individual cases.

8. Offsetting/right of retention

You shall only have a right of set-off if your counterclaim has been legally established, is not disputed
or acknowledged by us.
You may only exercise a right of retention if your counterclaim is based on the same contractual
relationship.

9. Delivery, retention of title

Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by
you. Delivery will be made within approx. 1-5 working days (Mon. – Fri. with the exception of public
holidays in Ireland) after receipt of order. If it is necessary to reorder goods that are not in stock, the
delivery time is 1-2 weeks. If you have not received your goods within one week, please ask your post
office or postal agency. Usually the parcel is already waiting for you. If you provide us with an e-mail
address when placing your order, you will receive a dispatch notification as soon as the goods have left
our premises.
The goods remain our property until the purchase price has been paid in full.
The delivery of ordered goods is subject to the availability of the goods. If the goods are not available at
the time of the order, the customer will receive notification of the expected delivery date and the order
will be noted by us. As soon as the goods are in stock, they will be dispatched to the customer without
any further notification to the customer. In the event of unavailability, in particular because a limited
stock of goods marked as such has been exhausted (e.g. certain batches / filling years), we shall inform
the ordering party. Payments already made will then be refunded without delay.
The sale of whisky and spirits to minors is prohibited by law. As a new customer, please therefore state
your date of birth. In the case of delivery of spirits or other items that are subject to legal sales
restrictions, the goods will only be handed over to receiving persons who meet the legal requirements.
We reserve the right to check the age by providing/presenting the identity card or passport when
ordering and when the goods are handed over by the delivery person.
We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our
part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite
is that we are not responsible for the lack of availability of the goods and have informed you of this
circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered
goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for
any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

10. Cancellation policy
Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who
is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must send us by means of a clear declaration (e.g. a letter, or
e-mail sent by post) of your decision to revoke this contract.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of
the right of withdrawal before the expiry of the withdrawal period.

11. Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

12. Return and Cancellation

The right of revocation does not apply to the delivery of
a) of sealed goods which are not suitable for return for reasons of health protection or hygiene if their sealhas been removed after delivery,
b) of goods if they have been inseparably mixed with other goods after delivery due to their nature.
c) alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract,
but which can be delivered at the earliest 30 days after the conclusion of the contract and the current
value of which depends on fluctuations on the market over which the entrepreneur has no influence.
Please avoid damage and contamination. If possible, please return the goods to us in the original
packaging with all accessories and with all packaging components. If necessary, use protective outer
packaging. If you no longer have the original packaging, please provide adequate protection against
transport damage with suitable packaging in order to avoid claims for damages due to defective
packaging.
Before returning the goods, please contact us to announce the return. In this way you enable us to
allocate the products as quickly as possible.
Please note that the modalities mentioned in the above are not a prerequisite for the effective exercise of
the right of withdrawal.
Before you request or arrange return of a Product, please read the below information carefully. You
may Return any Delivered Products you have purchased within 30 working days of Delivery, for any
reason (including if you simply change your mind). To do so you must notify us in writing via email or
post within 7 working days of Delivery. If you are Returning a Product for any reason, except damage
or manufacturer defect, You must pay the costs of Returning the Products to Us or our suppliers.
We may replace the item or affected parts or you may Cancel the Order and receive a full Refund. You will not be charged for the costs of returning an unapproved substitute or defective product. If Products arrive in a damaged condition you must make a note on the carrier's Delivery consignment note where possible and inform us within 7 working days of the Delivery. If the Product becomes defective soon after 7 working days have passed, Margolin Spirits will, at its option, repair the product, replace the Product or Refund you. You will not be charged for the cost of Returning a defective Product.
We will not accept Returns or Cancellations if the Products have been altered or by altering or
customising the Product in any way that could be deemed as you using or treating the Products as your
own. While in your possession, you must keep any Products you intend to Return to us in good
condition. Products must be Returned in the same condition as they were delivered. Care must be taken
to ensure the Return Products are packed well to avoid damage or loss of parts in transit. Products
Returned which cannot be re-sold as new due to damage or wear and tear may be subject to a reduction
in the Refund given.
Margolin Spirits will try to ensure that products are completed and delivered within the estimated lead
time advised at time of purchase. However, delays do occasionally arise due to production or shipping
issues, out of our control. If a delay occurs, Margolin Spirits will communicate to You, the customer as
soon as the new estimated delivery date is confirmed, however, this does not mean you have the right to
cancel such an order if it is beyond the estimated time frame.

13. Destinations
Currently we ship globally however where product(s) sold are imported, from outside Ireland the
purchase is at the customers own risk and Margolin Spirits assumes no responsibility over and discharges
all warranties for a) satisfactory performance of the product(s) due to prolonged times in transit b)
legality to import into the destination country c) deliveries or refund packages that are stopped or seized
by customs and/or other relevant authorities.

14. Processing Your Order and Shipping Times
Items "in stock" are deemed to be available and will be packaged and shipped within 3 working days. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow
additional days in transit for delivery. If there will be a significant delay in shipment of your order, we
will contact you via email or telephone.

15. Shipping Multiple Orders
Multiple orders placed on the same day cannot be combined and will ship separately. Any orders of more
than 2 bottles will be posted separately to conform to the guidelines and policies of our carriers on
prohibited and restricted items.

16. Shipping to Multiple Locations
Unfortunately, we cannot split up an order and ship to multiple locations. If you wish to send items to
different locations, please place a separate order for each shipping address.

17. Address Changes
We are unable to change or update a shipping address once an order has been shipped. Please be sure to
check your shipping details prior to submitting your order and to send us an email before your order is
shipped if you need to change your address.

18. Delays
We will use all reasonable endeavours to ensure these above-mentioned times are met. However, we
cannot guarantee or be held responsible for despatched parcels delayed by third parties, for example due
to poor weather conditions.

19. Orders Returned to Us
If your order is returned to us due to several failed delivery attempts, non-collection or an
insufficient/incorrect address, we cannot refund any shipping costs.

20. Lost or Damaged Parcels

Margolin Spirits is not liable for any products damaged or lost during shipping. If a parcel is lost or
damaged, please advise us as soon as possible so we can inform our courier of the missing parcel.

21. Postage
If your return has been authorized we will either issue you a return label or refund. When returning the
item(s), please use the return label issued and keep the delivery receipt. If we offer you to refund your
return postage expenses and you choose an unnecessarily expensive shipping method, you may be
obliged to reimburse us for the increased costs compared to a cheaper shipping method.

22. Customs, duties, and taxes
Margolin Spirits is not responsible for any customs and taxes applied to your order. All fees imposed
during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

23. Transport damage

If goods are delivered with obvious transport damage, please complain about such defects immediately
to the delivery agent and contact us as soon as possible.
Failure to make a complaint or contact us has no consequences for your statutory warranty rights.
However, they help us to be able to assert our own claims against the carrier or the transport insurance.

24. Warranty
The statutory warranty regulations apply.

25. Alternative Dispute Resolution
We shall endeavour to reach an agreement with the customer at all times. The European Commission
provides a platform for online dispute resolution (OS) with further information, which is available on the
Internet at http://ec.europa.eu/consumers/odr/. However, we do not participate in formal dispute resolution proceedings before consumer arbitration boards.

26. Privacy

For the purposes of applicable data protection legislation, Margolin Spirits will process any personal
data you have provided to us in accordance with our Privacy Policy available on the Margolin Spirits
website or on request from Margolin Spirits.
You agree that, if you have provided Margolin Spirits with personal data relating to a third party (1)
you have in place all necessary appropriate consents and notices to enable lawful transfer such personal
data to Margolin Spirits and (2) that you have brought to the attention of any such third party the
Privacy Notice available on the Margolin Spirits’s website or otherwise provided a copy of it to the
third party. You agree to indemnify Margolin Spirits in relation to all and any liabilities, penalties,
fines, awards or costs arising from your non-compliance with these requirements.

27. Disclaimers

Margolin Spirits makes no warranty or representation that the Web Site will meet your requirements,
that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe
the rights of third parties, that it will be compatible with all systems, that it will be secure and that all
information provided will be accurate. We make no guarantee of any specific results from the use of our
Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be
relied upon when making any decisions or taking any action of any kind.

28. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service
will be free of defects and / or faults. To the maximum extent permitted by the law we provide no
warranties (express or implied) of fitness for a particular purpose, accuracy of information,
compatibility and satisfactory quality.
Margolin Spirits accepts no liability for any disruption or non-availability of the Web Site resulting
from external causes including, but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war or legal restrictions and
censorship.

29. Limitation of Liability

To the maximum extent permitted by law, Margolin Spirits accepts no liability for any direct or indirect
loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary
damages arising from the use of the Web Site or any information contained therein. Users should be
aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Margolin Spirits’s liability for death or
personal injury resulting from any negligence or fraud on the part of Margolin Spirits.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant
provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are
found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these
terms and conditions and shall not affect the validity and enforceability of the remaining terms and
conditions. This term shall apply only within jurisdictions where a particular term is illegal.

30. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained
herein, this shall not be construed as a waiver of that right or remedy.

31. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the
provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

32. Notices
All notices / communications shall be given to us by email to hello@themargolin.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

33. Law and Jurisdiction
These terms and conditions and the relationship between you and Margolin Spirits shall be governed by
and construed in accordance with the Law of Ireland and Margolin Spirits and you agree to submit to the
exclusive jurisdiction of the Courts of Ireland.