Terms of service

OVERVIEW

This website is operated by Still On The Hill Ltd trading as Fielden; VAT number 224178518 and Company number 9804220. Throughout the site, the terms “we”, “us” and “our” refer to Still On The Hill Ltd. Still On The Hill Ltd offers 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 something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By using this site, you are declaring that you are 18 years of age or over if in the UK, or that you are at least the legal age for consuming alcohol in the country /state you are resident. Use of this site is for personal use in countries where the consumption of alcoholic beverages is lawful, by persons who are lawfully permitted to consume alcoholic beverages.

By placing an order on this site you are declaring that you are 18 years of age or over or of legal age for consuming alcohol in your country of residence. Products purchased on this site must be used responsibly and appropriately. Delivery of age restricted products may require the signature of the recipient at the delivery address. Identification may be required in order to verify the age of the recipient. Delivery to a nominated neighbour or safe location isn't available for these items

By placing an order with Fielden, you acknowledge that you have read and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact us at info@fielden.com before placing your order with us. We must receive payment of the whole of the price for the products that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

You may not use our products for any illegal or unauthorised purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 2 - PROCESSING YOUR ORDER

We aim to process all orders within 24 hours of receiving them. For next-day delivery, orders must be placed by 3pm (Monday-Thursday) for same-day dispatch. We may require a signature for any goods delivered, at which point responsibility for your purchased products passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Fielden responsibility is transferred in the same way as if the products had been delivered to you.

If possible, please check the condition of your parcel before you sign for it. If it is at all damaged, do not sign for it but hand it back to the courier to return to us. If you only discover that your parcel is damaged after you’ve signed for it, please email info@fielden.com.

To purchase products from Fielden, you must be of legal age to buy alcohol in the country in which you reside. Delivery will only be made to individuals of legal purchase age and our delivery company will require signature on delivery. Our delivery company will check ID if they are unsure of the recipients age.

Unfortunately, we do not deliver to addresses outside the UK. You may place an order for product(s) from outside the UK if you have a UK billing address for your credit or debit card, but the order must be for delivery to an address within the UK.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse to sell to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS

Certain products may be available exclusively online through the site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

All items are subject to availability. We will inform and refund you as soon as possible if the goods you have ordered are not available.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services 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 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. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, 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 by contacting the email and/or billing address/phone number 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, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please click here to view our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, country, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - SPECIFIC COMPETITION TERMS AND CONDITIONS

SECTION 15 - ORDERS VIA HEATHROW AIRPORT RESRVE & COLLECT WEBSITE

The following terms relate only to orders of Fielden Whisky placed via Heathrow Airport's Reserve and Collect Website Services.

TERMS OF SALE

The collection points are located in the Airport after aviation security, which means that you must have a valid boarding card for a departing flight (or have other appropriate authority to access the airside collection points at the Airport) to be able to collect your order.

Your contract for the sale of the goods which you have purchased from the Reserve & Collect Website is with us and not with Heathrow. Heathrow is therefore not responsible for performance under our sale of goods contract.

When you place an order for goods from more than one retailer on the Reserve & Collect Website, you will have a separate contract with each such retailer.

Your use of the Heathrow Reserve & Collect Website is subject to the Heathrow Reserve & Collect Website's terms of use issued by Heathrow from time to time, which are separate to these terms of sale. If there is any conflict between the terms of use for the Heathrow Reserve & Collect Website and these terms and conditions of sale, the terms of use for the Heathrow Reserve & Collect Website shall prevail and apply.

Although you may receive an order acknowledgement email from Heathrow (on our behalf) further to making an order, this will not mean that your order has been accepted. You will receive a separate email which will clearly state when your order has been accepted by us (and any other retailers when you place an order for goods from more than one retailer on the Heathrow Reserve & Collect Website).

The contract for sale of goods between you and us will come into existence when Heathrow (on our behalf) sends you an email confirming that we have accepted your order (in full or in part), at which point payment will be taken from you.

You may receive an order cancellation email from Heathrow (on our behalf) if you place an order for goods from us and more than one other retailer on the Reserve & Collect Website, and all of the retailers which are relevant to the order (including us) are unable to fulfil your order (due to product availability or otherwise).

When your order is placed, we will place a pre-authorisation on your payment card which puts funds on hold for the total value of your order. We will not take payment from you until we have confirmed that your order can be fulfilled. If your order is cancelled or cancelled in part, we will release the hold on your payment card for the applicable amount.

MERCHANDISE DESCRIPTIONS

Please note that the price of any product listed on the Heathrow Reserve & Collect Website may be different to the price of the same product that is offered for sale in our retail outlets or offerings outside of the Airport including in other airports.

Where products listed on the Heathrow Reserve & Collect Website are labelled as having a 'Heathrow Price', this means that the products are being sold on the Heathrow Reserve & Collect Website at a discounted price compared to the price that the products are being offered for sale at through retail outlets or offerings outside of the Airport although such prices may align with the price of the same product(s) which are offered for sale in other airports.

If any of our products listed on the Heathrow Reserve & Collect Website are labelled as 'Heathrow Exclusive Merchandise', this means that those products are only available to buy on the Heathrow Reserve & Collect Website.

If any of our products listed on the Heathrow Reserve & Collect Website are identified as being part of a promotional offer, this means that those products are (i) subject to the terms of a promotional offer, which are made available on our website , and (ii) available to buy on the Heathrow Reserve & Collect Website at a further discount to the 'Heathrow Price'.

PAYMENT, DELIVERY, PERFORMANCE AND TIMING

Where you make a purchase on the Heathrow Reserve & Collect Website and the purchase is accepted (this will be confirmed by an email sent by Heathrow on our behalf), you will be asked to collect your purchased item(s) from the Heathrow operated collection point located in your departure terminal. The location of the collection point will be confirmed by Heathrow and specified in the confirmation email (sent to you by Heathrow on our behalf) once your order has been accepted.

The Heathrow operated collection point will be open during the Airport's operational hours on your departure date. The Airport's operational hours mean the period commencing an hour before the first scheduled departing flight and ending an hour prior to the last scheduled departing flight in the relevant terminal in which the relevant collection point is located).

If you fail to collect your order, we will not forward or deliver your items to you. Your order will be held by Heathrow for up to 48 hours [from your collection time]. Heathrow may offer where practicable for you to cancel your order or collect your order either (i) at a different time from the same or another collection point, or (ii) through the 'Collect on Return' service from a 'Collection on Return' desk. You can contact the Heathrow Reserve and Collect Website services team if you are unable to collect your purchase on shopping.services@heathrow.com.

If you do not collect your order on your departure date and you do not inform Heathrow that you want to make alternative arrangements to collect your order (as specified above), your order will be cancelled and you will be refunded for any payments you have made."

We may decline any orders (or part of an order) as relevant, if we no longer have a right to sell the items in your order on the Heathrow Reserve & Collect Website (for any reason).

Whilst you pay us for goods, the Heathrow Reserve & Collect Website is managed by Heathrow and as such your bank account statement in relation to your payment for the goods will refer to ‘Heathrow.com’.

CANCELLATION, RETURNS AND THE HEATHROW PROMISE

If you require the assistance of the Heathrow customer services team in relation to the Heathrow Reserve & Collect Website, you can contact them on shopping.services@heathrow.com or by writing to them at Heathrow Airport Limited, The Compass Centre, Hounslow, Middlesex TW6 2GW.

You have legal rights if we supply faulty and/or non-compliant products. If you want to return any faulty and/or non-compliant items, you must inform Heathrow of your decision via the Heathrow Returns Promise (http://www.heathrow.com/returnspromise) and Heathrow will inform us on your behalf.

We provide an enhanced returns policy, which is facilitated by Heathrow applying the Heathrow Returns Promise (http://www.heathrow.com/returnspromise). Please see ‎Appendix 1 for full details.

Once you have requested a return, Heathrow will (on our behalf) email you with instructions explaining how to return the applicable goods to Heathrow. You must return any unwanted items to Heathrow, to the address specified on the Heathrow returns label, within 14 days of you requesting your return. Heathrow will then process your return and (subject to our instruction) you will be provided with a refund.

You must contact us directly at info@fielden.com in relation to any queries you have concerning exchanges, substitution, repairs or replacements, or after sales services. Heathrow will not deal with such requests on our behalf nor shall Heathrow be liable to you for the same.

"The right of cancellation does not apply to:-

a. items that are made to your specifications or clearly personalised;

b. items which are liable to deteriorate or expire rapidly;

c. the supply of alcoholic beverages whose actual value is dependent on the fluctuations in the market which cannot be controlled by us;

d. products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery (such as jewellery, underwear and swimwear), or which are, after collection by you, inseparably mixed with other items; or

e. sealed headphones, audio or video recordings or of sealed software if unsealed by you after collection.

DATA PRIVACY

We collect and process your personal data according to our data privacy policy which will be made available to you via the Heathrow Reserve & Collect Website.

DEFINITIONS

Heathrow Airport Limited ("Heathrow").

Heathrow Airport, London (the "Airport").

The website: https://boutique.heathrow.com, where you can purchase goods offered by us to collect at the Airport (the "Heathrow Reserve & Collect Website").

Stripe, Inc., Stripe Payments Europe, Ltd. and/or Stripe Payments UK, Ltd, who manage payments made on the Heathrow Reserve and Collect Website (the "Payment Service Provider").

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent nor warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Still On The Hill Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

We do not in any was exclude or limit our liability for death or personal injury cased by our negligence, fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable UK law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Still On The Hill Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVICBILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@fielden.com.