Legal

This English version is provided for convenience. In case of divergence, the Catalan version prevails.

Terms and Conditions / Privacy Policy

Set out below are the terms of use on which ANDORRA PARTNERS GROUP, APG S.L., Carrer Dr. Nequi no. 9, AD500 Andorra La Vella, Andorra, WHISKY.AD, offer you access to their websites (the “Site”) and the terms which you accept by accessing the Site.

1. Age requirements

To access this website, you must be 18 years of age or older.

2. User submissions

APG S.L. is not responsible for monitoring, screening, policing or editing the information posted or the materials about, submitted to, accessed or transmitted through the Site. APG S.L. does not control and cannot review all the information or materials posted, submitted or transmitted through the Site. Nevertheless, APG S.L. reserves the right to delete, block and/or remove any information or material which APG S.L., in our discretion, considers unlawful, infringing, defamatory, libellous, abusive, threatening, obscene, offensive, fraudulent, misleading, inappropriate or unacceptable to APG S.L. or to any other party. If any information or material on the Site is reported, APG S.L. will determine in its sole discretion whether such content may be removed from the Site or restored to the Site at the time of the report or at any other time in the future. You agree to grant APG S.L. a perpetual, non-exclusive, royalty-free, worldwide licence, with the right to sub-licence, to reproduce, distribute, transmit, provide access to, make available, create derivative works from, publicly display, publish and perform any material and other information (including, without limitation, the ideas contained therein for new or improved products and services) which you submit to the public areas of the Site (such as bulletin boards or message boards, forums and newsgroups) by any means and in any medium of communication or any mode of distribution now known or hereafter developed. You also grant APG S.L. the right to use your name and likeness in connection with the materials submitted and other information, as well as in connection with all advertising, marketing and promotional material relating thereto. You agree that you shall have no recourse against APG S.L. for any alleged or actual infringement or misappropriation of any proprietary or other right in your communications, postings or communications.

3. Your use of the Site

• You agree to use this Site only for lawful purposes and that you are responsible for your use of, and your communications and postings on, the Site. You agree not to post, provide access to, make available or transmit through this Site any unlawful, infringing, threatening, harassing, abusive, libellous, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, pornographic or otherwise objectionable material of any kind, including without limitation any material that encourages or solicits criminal conduct or conduct giving rise to civil liability, infringes the intellectual property or other rights of others, discloses private or personal matters concerning any person, refers to products or items outside the scope of the particular bulletin board area, or that otherwise breaches any applicable local, state, national, foreign or international law, including without limitation those relating to export control, consumer production, unfair competition, discrimination or false advertising.
• You agree not to use, or permit others to use, this Site in any manner that interferes with its operation or with any other user’s own enjoyment of the Site. You agree not to post or transmit to the Site any file or code containing viruses, worms, “Trojan horses” or any other contaminating or destructive features.
• You agree not to post or transmit to the Site any charitable solicitation, petitions for signatures, chain letters, letters relating to pyramid schemes or similar documents. You agree not to post, provide access to, make available or transmit to the Site any kind of advertising, promotional materials or any other solicitation of other users of the Service for goods or services, except in those areas which may be expressly designated by APG S.L. from time to time for such purposes.
• You agree that you will not access this Site from any territory where its use or content is unlawful, and that you, and not APG S.L. or our affiliates, are responsible for compliance with the applicable local laws. You agree that you will not access the Site by any means other than through the interface and PID provided by APG S.L. for accessing the Site, and that you will not link to any page of the Site other than the home page located at https://www.whisky.ad or www.ap-group.com. You also agree that any robots, spiders, crawlers or other automated software you use to access the Site must comply with the robot exclusion standard and must use and comply with the Site’s robots.txt files.
• You acknowledge that access to this Site is limited to persons aged 18 or over. You agree to maintain the security of your PID on the Site and of other confidential information relating to your use of the Site and your PID on the Site. You agree to be responsible for all uses and/or charges arising from the use of your account on the Site, including charges resulting from unauthorised use of your account before you take steps to prevent this by changing your password and notifying us.

4. Chat board / bulletin board policy

The Site may contain various chat boards or bulletin boards which act, among other things, as a place for adults to discuss subjects relating to alcoholic beverages. As a result, APG S.L. has no control over the information provided by other users, nor over the quality, safety or legality of the subjects discussed or the truth or accuracy of the listing. Users must exercise caution and common sense when posting personal information on any website. As APG S.L. is not a party to any transaction, in the event of a dispute all bulletin board users release APG S.L. and each of its officers, directors, agents, subsidiaries and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising in any way out of or in connection with such dispute.

5. Termination of use; Notice and procedure regarding infringements

You agree that APG S.L. may terminate or suspend access to all or part of this Site, at any time and without prior notice, for any conduct which APG S.L., in its sole discretion, believes breaches these Terms of Use or any applicable law or is harmful to the interests of another user, APG S.L. or its affiliates. It is APG S.L.’s policy to terminate, in appropriate circumstances, the accounts of any subscriber who engages in conduct that breaches these Terms of Use or any applicable law or that harms the interests of another user, APG S.L. or its affiliates. It is APG S.L.’s policy to respond promptly to claims of intellectual property infringement and other breaches of law. APG S.L. will promptly investigate notices of alleged infringement and reserves the right to take the appropriate action under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws and regulations as may be enacted or promulgated from time to time. Upon receipt of a notice which complies or substantially complies with the DMCA, APG S.L. will act to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. It is APG S.L.’s policy to terminate, at any time and in appropriate circumstances, the access to the Site of subscribers and account holders who are repeat infringers. If you believe that the Site contains any material that infringes your rights under copyright law, you must notify the following designated agent: APG S.L. Contact; contact@whisky.ad This notice must:

1. include an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest
2. include a description of the copyrighted work claimed to have been infringed, including the electronic location, such as the URL (that is, the web page address) where the copyrighted work exists, or a copy of the copyrighted work
3. identify the URL or other specific location where the allegedly infringing material is located
4. state the address, telephone number and email address of the notifying party
5. include a statement that you have a good faith belief that the use of the material is not authorised by the copyright owner, its agent or the law.
6. and include a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or the owner’s authorised agent. Where APG S.L. removes or disables access to any material claimed to be infringing under this policy, APG S.L. may attempt to contact the user who posted such material in order to give that user the opportunity to respond to the notice, although APG S.L. does not promise to do so. Any counter-notice submitted by that user will be provided to the complaining party, who will have the opportunity to seek judicial relief in accordance with the DMCA before APG S.L. replaces or restores access to any material as a result of any counter-notice.

6. No warranty

APG S.L. and its suppliers provide the Site and all related Services “as is” and without any warranty or condition, express, implied or statutory. APG S.L. and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

7. Limitation of liability

In no event shall APG S.L. or its suppliers be liable for lost profits or for any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement (however arising, including negligence).

8. Indemnity

You agree to indemnify and hold APG S.L. and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party by reason of or arising out of your breach of this Agreement or of the documents which it incorporates by reference, or your violation of any law or of the rights of a third party.

9. Legal compliance

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the APG S.L. website and the related Services and your listing, purchase, solicitation of offers to purchase and sale of items.

10. No agency

You and APG S.L. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchise relationship is intended or created.

11. General

This Agreement shall be governed in all respects by the laws of Andorra. APG S.L. does not guarantee continuous, uninterrupted or secure access to its services, and the operation of its site may be interfered with by numerous factors outside our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall be enforced. Headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. APG S.L.’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set out the entire understanding and agreement between us with respect to the subject matter hereof.

12. Third-party sites

This site may produce automated search results or link you to other Internet sites. Such sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of APG S.L., and you acknowledge that APG S.L. is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by us or any association with its operators.

13. Taxes

As APG S.L. also deals with many businesses, it provides its prices exclusive of IGI (4.5). IGI is calculated at the end of the order.

14. Exchanges and returns

If the package is not complete, if the goods received are not those you ordered, or if they are damaged or defective, you must notify us within 14 days, as claims received at a later date cannot be considered.

15. Privacy policy

APG S.L. respects consumer privacy.

We collect information from our consumers in order to:

• Ensure that we communicate with qualified adult users
• Offer the best possible service to our consumers
• Improve our consumers’ online experience

We regard information about our consumers as confidential and we do not sell, rent or pass on personal information or email addresses to other organisations or entities without the customer’s specific consent. We limit access to consumer information to those employees and representatives who need to work with consumer information. Our Customers have the right to access, correct and delete all personal data relating to them, and to object to the processing of such data by contacting us.

Email

The email address is mandatory and APG S.L. will use it only to communicate with you or to send promotional offers to our customers’ email addresses.

Cookies

Cookies are small pieces of data that a website stores on your machine so that it can recognise the same user when he or she returns. We use cookies to streamline the login process and to enable us to communicate with qualified users. If you are concerned about cookies, set your browser’s security feature to “Prompt before accepting cookies” in order to inspect the information that is stored.

Removal from the mailing list

If you wish to remove your information from the active www.whisky.ad mailing list, send an email to contact@whisky.ad

Governing law

This Agreement is governed in accordance with the laws of Andorra.

Changes to this agreement

We reserve the right to modify these Terms of Use at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue visiting and making use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service.

We therefore ask you to check and review this Agreement for any changes from time to time. If you do not agree with any provision of this Agreement or with any modification we make to this Agreement, we ask and advise you not to use, or to immediately cease accessing, this site.

16. Cellaring & Consignment Programme

16.1 Cellaring (safekeeping). WHISKY.AD offers cellaring only for bottles purchased at WHISKY.AD. The qualifying value of a bottle is the price actually paid, as shown on the receipt. Bottles with a qualifying value of €300 or more qualify; bottles under €300 are collected or delivered locally within 30 days of purchase. Complimentary cellaring runs from the date of purchase: 1 year for bottles of €300 or more; 3 years for bottles of €500 or more; 5 years for bottles of €1,000 or more, or where a single purchase totals €5,000 or more. Thereafter cellaring costs €20 per bottle per year, plus IGI, billed annually in advance; part-years count as full years. Each stored bottle is insured against loss, theft, fire and breakage up to €1,000, included; higher declared-value cover is available for a supplement of 0.5% per year of the value above €1,000. Bottles are stored upright, protected from light, in our premises in Andorra la Vella; ownership remains with the client at all times. Withdrawal is in person or by local delivery within Andorra; bottles leave Andorra only under our export policy. If cellaring fees remain unpaid, or bottles remain unclaimed after the end of their period, WHISKY.AD follows the written-notice procedure set out in the Cellaring Agreement signed at deposit, which may culminate in the sale of the bottle on the client’s behalf through the Consignment Service, with deduction of arrears, commission and documented costs and the balance held at the client’s disposal. Our liability for a stored bottle is capped at its insured value; natural cork deterioration, ullage evolution and label ageing are excluded.

16.2 Consignment (sale on behalf of the owner). WHISKY.AD sells consigned bottles in the name and on behalf of their owner; ownership passes directly from the owner to the buyer, and every consignment listing states “Sold on behalf of the owner.” Bottles are accepted from an agreed listing price of €500, after physical inspection at the store; WHISKY.AD may decline any bottle. Commission, plus IGI, is charged to the consignor on sale: 20% for listing prices from €500 to €1,999.99 (minimum fee €75); 15% from €2,000 to €4,999.99; 12% from €5,000. Bottles originally purchased at WHISKY.AD, evidenced by the original receipt or our sales records, pay 15% or the applicable rate, whichever is lower. The service includes authentication, photography, listing in four languages, display in the store, insured safekeeping while listed, payment handling and buyer age verification. The listing price is agreed at intake and reviewed after 3 months; after 6 months unsold, the price is adjusted by agreement or the bottle converts to standard cellaring. Withdrawal after a listing goes live costs €25 per bottle. Net proceeds are paid by bank transfer to an account in the consignor’s own name within 14 days of cleared payment — never in cash. Consigned bottles are sold with the legal guarantee applicable to second-hand goods (minimum one year); conformity means authenticity and correspondence with the documented condition record and the listing description, and does not extend to the natural characteristics of an aged product. Fulfilment is by in-store collection or local delivery within Andorra; shipment outside Andorra only under our export policy.

16.3 Agreements and payment. The Cellaring Agreement and the Consignment Agreement signed at the store, together with their annexes, govern each deposit and each consignment; in case of divergence between this section and a signed agreement, the signed agreement prevails. Programme fees and charges are payable by card or bank transfer.