Last Updated Dec’ 2023

This page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of the products (“Products”) listed on our website https://leportiercognac.com/ (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

About The Craft Irish Distilling Co.:

https://leportiercognac.com is a site operated on behalf of The Craft Irish Distilling Co. Limited (“We”). We are registered in Ireland under company number 566097 and with our registered office at 20 Harcourt Street, Dublin, DO2 H364.

Wait List:

For wait list products, consumers will only be eligible to buy a maximum number of bottles per person, per order or per household, and any other limits will be confirmed to you by one of our specialists when you submit your order form. We reserve the right to cancel orders if subsequent verification identifies that a consumer has bought more than the maximum number of bottles available by one person.

In submitting an entry to a waitlist, consumers confirm that if we successfully select them, they are able and willing to complete the product purchase.

Age Restriction:

No goods are offered for sale at this site to any person who is below the legal drinking age in the country in which he or she is resident or any person resident in a country where such sale would be contrary to local law. By placing an order through our site, you warrant that you are of a lawful age. If you are buying Products as a gift, the recipient must also be of a lawful age. This is the responsibility of the purchaser. If our couriers are in any doubt about the age of the recipient on delivery, they may request some form of ID and refuse delivery if lawful age is not satisfactorily confirmed.

The Contract between ‘us’ and ‘you’:

After placing an order, you will receive an email from us acknowledging that your order has been received.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the order has been accepted (the “Order Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Order Confirmation. The Contract will relate only to the Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other products that may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation.

Cancellation Rights:

As an online consumer, you may cancel a Contract at any time within fourteen working days of the day you receive the Products unless the Products supplied to you are confirmed to be ‘made to order’ in the Order Confirmation, in which case you will not have a right to cancel the Contract.  Where you have the right to cancel the Contract, and you exercise it, you will receive a full refund of the price paid for the Products in accordance with the refund policy set out below. If your order has already been dispatched at the time of cancellation, you will not be entitled to a refund of the delivery cost. To cancel a Contract, you must inform us in writing.  You must also return the Product(s) immediately, in the same condition and packaging you received them, and at your own cost and risk. You are legally obligated to take reasonable care of the Products when they are in your possession.  If you fail to comply with this obligation, we may have a right of action against you for compensation.

Payment & Order Process:

Le Portier does not sell, offer to sell, or solicit sales of alcohol through https://leportiercognac.com. Le Portier markets its cognac on its website and offers customers a checkout buy button iframe embedded in https://shopleportiershay.com, where customers can buy the product on a licensed retailer site such as ours. Through this website, you learn about the cognac, including its price. The offer to purchase the cognac is ultimately from the retailer. If you decide to purchase the cognac, you make the payment to the Retailer, and the Retailer fulfils your order, including the delivery of the purchased cognac. This arrangement is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler, or distributor of cognac to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. This service may be limited or not available at all in some places due to local law or other restrictions.

Every effort is made to ensure that our prices are correct at the time of publication. If an error has been made, we may cancel the Order subject to the terms indicated under ‘Termination’.

Orders must be paid in full, including shipping and service charges prior to shipping.

The main characteristics of the goods sold through this site are set out on the pages picturing them. Every effort has been made to display the colours of the goods as accurately as possible. However, because the colour you see will depend on your monitor, we cannot guarantee that the colours of the goods purchased by you will be the same as the colours shown on your monitor. Should your order be accepted, the price applicable to goods you ordered shall be shown on the site at the point at which your order is placed. The period for which this price is valid is limited and can only be guaranteed for orders placed that day (unless a more extended period is explicitly stated in the description.

ALL PRICES ARE SUBJECT TO CHANGE WITH 30-DAY NOTICE.

Availability of Products:

We will inform you of the non-availability of any goods ordered by you within 30 days of the Order Confirmation or 30 days of the release date if it is a pre-order, and where your order cannot be fulfilled, you will receive a full refund within 30 days of cancellation.   We will fully refund to your payment card the price (including sales taxes and delivery costs) of any goods returned to us within 30 days of their receipt.

Delivery Instructions & Advice:

Shipping is carried through UPS to states where permitted. A signature of a person who is 21 years of age and older is required for delivery. We do not sell to anyone who is less than 21 years of age.

You may track your order on UPS.com and the link provided at checkout. If you experience any issues, please reach out to us and we will be more than happy to assist.

Shipping of express orders will abide delivery times set by UPS. Express orders are prioritized by our retailer store but please understand we might be busy to process and ship your orders on the same day we receive your order, so allow up to 3 days for processing and then we will hand it to UPS to handle the rest.

Export:

Where you intend to export the Products, you shall be responsible for obtaining all necessary licenses and complying with all applicable legislation and regulations governing the export and the importation of the Goods into the country destination and shall be responsible for the payment of all duties on the Goods.

We cannot offer clearance of the Customs and Duties of Goods being exported and delivered.

Where the goods are to be sent by us to the Customer by a route including sea transport, we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.

We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).

Returns, Refunds & Replacements:

If you wish to return Products that are not faulty, please get in touch with us at sales@vistawinespirits.com with details of your order within 14 days of delivery of the Products. Any returned products must be returned to us in good condition, with all packaging intact.

Upon receipt, please carefully and thoroughly inspect all Products.  The courier must be informed of breakages or shortages during delivery.  We may not (at their sole discretion) accept any claims for breakages or shortages unless they are stated on the courier’s documentation.  The carrier company requires photographic evidence if an item has been damaged during transit.

A refund or replacement will be provided for any damaged or faulty products upon receipt, provided that notification of damage or fault is received within 24 hours of receipt of the Products.

All refunds and reimbursements will be arranged within 30 days of our acceptance to do so and after the safe receipt of the returned goods.  Any Product returned must be within its original packaging, contain the relevant paperwork and be adequately packed to avoid any possible damage. The cost and risk of returning the product is the customer’s responsibility, and proof of delivery service must be used. If your order has already been dispatched at the time of cancellation, you will not be entitled to a refund of the delivery cost.

Where a replacement item is unavailable due to it being discontinued or the original item being a “One Off” or “Limited Edition”, we will reimburse customers for the total cost of the item and any shipping costs. No additional compensation will be paid.

In the event of a return, you, as the customer, must cover all costs and fees associated with the return and delivery back to us. Please request the correct return address, as returning to an incorrect address will incur further costs.

Prices & Availability:

The prices payable for the Products you order are clearly set out on this site.

The price of the Goods exported to customers within the European Union will include UK value-added tax (‘VAT’.) VAT will not be charged on Goods exported to Customers outside the European Union. The Order will not include any taxes, duties, fees, levies or other charges levied by non-EU countries, which must be paid and borne by the Customer.

Prices, promotions and specifications can change without notice, and Products are subject to availability. If, for any reason beyond our control, we are unable to supply a particular Product, you will be notified as soon as possible.

Purchase Limits: 

Each release of a line of Products is limited to a maximum number of bottles available for purchase, which will be confirmed to you by one of our specialists at the time of order.

We reserve the right to cancel orders if subsequent verification identifies that a consumer has bought more than the maximum number of bottles available by one person.

Any token you receive as part of a purchase is non-transferable and can only be used by the individual sent using the personal data provided to us. Any purchase found to have been used by any other person will be cancelled and refunded. Any charges that result from breaking the terms and conditions and cancellation of the order are the responsibility of the individual. The unique link will not be reinstated.

Cancellations:

We reserve the right to cancel any Order at any time for whatever reason, in which case all funds paid by the Customer will be returned. Customers may only cancel orders in writing within forty-eight (48) hours of Order placement. If the Customer chooses to cancel once the forty-eight (48) hour cancellation window has passed, they will not receive a refund.

We may suspend or cancel the order by written notice if the Customer:

• fails to pay any money when due (under the order or otherwise);
• fails to honour obligations under these terms.

Material Variation:

The Craft Irish Distilling Co. Products are produced via a combination of hand and state-of-the-art technology and, therefore, will always be subject to naturally slight colour, tone, character and finish variation. Slight variation will not be accepted as a reason to reject an item produced by The Craft Irish Distilling Co.

Samples and specimens are considered non-binding demonstration pieces. Any description of the condition of the goods or any other explanation of the goods shall not be construed as a guarantee or guaranteed characteristic.

Our metal, stone, glass and timber finishes are applied by hand and may vary in colour, tone and character. Most finishes are lacquered to prevent extreme patination; however, The Craft Irish Distilling Co. does not guarantee finishes against fading and oxidising. Variations in colour and veining are inherent in stone and timber and are considered to be part of the natural beauty. The Experience boxes are handmade and, therefore, are subject to slight variations. Slight variation will not be accepted as a reason to reject an item produced by The Craft Irish Distilling Co.

Changes in Product Design and Exclusions:

The Craft Irish Distilling Co. shall have the right to change, discontinue or modify the design, production, dimensions and other materials of any of its Products and to substitute material equal to or superior to that originally specified. The Craft Irish Distilling Co. Products are handcrafted and, as such, can have minor variations from other models, showroom models and photos of models. All dimensions can have slight variations. Materials and finishes can vary from samples, and exact matching is not guaranteed.

The Craft Irish Distilling Co. believe that the many traditional skills and techniques used to make The Craft Irish Distilling Co. designs add to the beauty and individuality of Goods.

All Goods are handmade and, therefore, subject to slight variations. As indicated in the price list, all sizes are within 0.5-inch variance.

Please note, due to the limitations of photographic and printing processes, Goods may not appear to be precisely the same colour as shown in printed matter or shown on screen. Due to the processes and naturally varying materials involved, an exact colour match cannot be guaranteed.

Confidentiality:

All pricing, drawings, plans, disclosures, specifications, patterns, and technical or business information furnished at any time to the Customer by The Craft Irish Distilling Co. shall remain the sole property of The Craft Irish Distilling Co.. The Customer shall hold all such information in strict confidence, shall not use or divulge to any third person or entity any such confidential information, and any and all copies of such confidential information shall be returned to The Craft Irish Distilling Co. promptly upon The Craft Irish Distilling Co. request.

Storage and insurance

If we agree on any storage arrangements with you, this will be at a separate cost and will be added to the charges you are required to pay.

We reserve the right to move the Product to any other storage facility at our discretion.

While the Products are stored with us, the Products will be covered by insurance, which covers the lost value of the Products (at the time of the event) due to fire, theft or accidental damage. You may be required to pay a contribution to the insurance, which will be confirmed to you when any storage arrangements are agreed upon.

As a contractual right, in addition to any right to retain money, documents and property available to us under the general law (lien), we reserve the right to exercise a lien over the Products:

1. Until all outstanding costs disbursements and charges under these terms have been paid to us in full or
2. if you do not respond to our communications within a reasonable time period (as we may determine in our sole discretion) or by any deadline specified in our communications to you or
3. if you become deceased or incapacitated and no duly appointed personal representative under your Will or by law communicates or reclaims title to the Products within 12 months after your death or incapacity.

If the above clause applies, you or your duly appointed representatives will be permitted to reclaim the Products if you make good any damage (including but not limited to making payment of any accrued dues, interest, costs, charges, or expenses under the terms) to our reasonable satisfaction.

If, after we exercise a lien, the circumstances in this clause continue to persist for 12 months commencing from the date on which we exercise a lien, at the expiry of that 12-month period, the Product can be assessed as being abandoned, and ownership of the Product shall be deemed to revert to us absolutely.

The Craft Irish Distilling Co. Liability:

We warrant that any Product purchased from The Craft Irish Distilling Co. through this site is of satisfactory quality and reasonably fit for all the purposes for which products are commonly supplied.

We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with any contract between us, including but not limited to loss of profits, loss of savings or anticipated savings, sales, business, loss of business opportunity or loss or damage to reputation or of goodwill or otherwise any losses that are not foreseeable by us.

Nothing in this clause shall limit your payment obligations under the Contract.

The only person who may enforce the Contract against us is a counter-signatory.

You shall not be entitled to seek recovery more than once regarding the same type of loss or subject matter.

Unless you notify us in writing that you intend to claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day you became, or ought reasonably to have become, aware of the event and shall expire two months from that date. The notice must be in writing and identify the event and the grounds for the claim in reasonable detail.

We neither give any promise, representation, assurance or warranty nor assume any responsibility or liability for the Product’s value. You accept and understand that the value of the Product and any risks associated with a lack of immediate liquidity are to be borne by you.

Use of Your Personal Data:

Please refer to our separate Privacy Policy (“Privacy Policy”), which informs you how your personal information will be used.

We will only use your personal information as set out in our Privacy Policy and otherwise in accordance with our legitimate business interests or as required by us in order to perform the Contract, which shall include but not be limited to sharing your personal information with any company that is a holding company, subsidiary company, or other body corporate which is part of our group, or any subcontractor or associate of ours, to the extent that any of our obligations in this agreement need to be performed by such other company.

Events outside our control

We will not be liable or responsible for any failure to perform our obligations under the Contract if an event outside of our control causes such failure unless we have been wilfully negligent or have seriously breached any duty owed to you under these Contracts or by virtue of any other duty imposed by law. An event outside our control means any act or event including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, price fluctuations of any kind, changes to law, government policy changes, or government restrictions, or failure of public or private telecommunications networks, bank transfer times, any disruption of, or interruption to, our facilities or any services such as services provided by our sub-contractors or suppliers.

If an event outside our control takes place that affects our ability to perform the Agreement:

1. We will contact you or your appointed nominee as soon as reasonably possible, and
2. our obligations under the Contract will be suspended.

Where the event outside our control affects our observance of the Contract, we will restart observance as soon as reasonably possible after the event outside our control is over.

Either you or we may cancel the Contract by providing written notice, if an event outside our control continues for longer than three months.

Waiver:

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which they are entitled under a contract with you or any of these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Entire Agreement:

These Terms and Conditions and any document expressly referred to in them constitute the entire agreement between us relating to the subject matter of any Contract and supersede any previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that in entering into a Contract (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions. Each of us agrees that the only rights and remedies arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions. Nothing in this clause shall limit or exclude any liability for fraud.

These terms do not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Contract. The parties’ rights to terminate, rescind or agree to any variation, waiver or settlement under this agreement are not subject to the consent of any other person.

Severance:

If a court finds part of this Contract illegal or otherwise unenforceable, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force in effect.

The Craft Distilling Co. Right to Vary These Terms & Conditions:

We have the right to revise and amend these terms and conditions from time to time to reflect, amongst other things, changes in market conditions affecting our business, changes in technology or systems used, changes in payment methods, and changes in relevant laws and regulatory requirements. You will be subject to the policies and terms and conditions in force at the time that you order Products unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.

Governing Law & Jurisdiction:

Contracts for purchasing Products through this site and any dispute or claim arising from or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Ireland.