"Simplify for clarity"
We're very pleased to have you join Drinkswork! Our terms of business are designed to ensure clarity and transparency throughout your shopping experience in plain language. (The full official version applies to registered customers.)
Important Definitions
Let’s break it down for easier understanding:
Secure Storage:
We’re talking about a facility regulated by HMRC (Her Majesty's Revenue and Customs) in the UK, where cask whisky is safely stored under suspended duty and VAT status.
Cash Reserves:
These funds function just like cash, free from any banking restrictions.
You, the Client:
That’s right — you, the individual purchasing duty-suspended cask whisky.
We are Drinkswork:
When we refer to “DW,” “us,” “we,” or “our,” it all points to Drinkswork — your ultimate destination for premium cask whisky and services.
The Rules (Terms):
Everything is covered in these commercial terms (and any other agreements we’ve made in writing).
The Deal (Contract):
The agreement you’ve made with Drinkswork to obtain this wonderful whisky and the related services, as outlined here.
Arrival Date:
The date your cask whisky arrives at the bonded facility of the storage provider, delivered by the trade supplier.
Tax Guide (Tax Representative):
An HMRC-approved partner who handles the legal aspects of your cask whisky stored under bond, including suspended duties and VAT.
Safe Payment (Escrow Provider):
An independent company ensuring your money is safe during the purchasing process.
Funding Matters (Payment):
This is the moment when “cleared funds” are with the escrow provider and match the total cost of the stock or services you've selected.
Your Shopping List (Pro Forma Invoice):
A purchase order created based on your stock and service requests.
Our Service:
We take action on your instructions to source stock from industry professionals.
Whisky Stock:
What we offer you — premium-quality cask whisky.
Secure Storage Partner (Storage Provider):
A storage provider approved by HMRC, also acting as your tax representative, safely holding your cask whisky under bond in the UK.
Source (Supplier):
The individual or team providing cask whisky to you through Drinkswork.
Proof of Ownership (Title of Ownership):
Think of this as a "certificate of ownership" — confirming you’re the proud owner of the cask whisky or asset.
At Drinkswork, we’re committed to clarity, quality, and your whisky journey. Let’s dive deeper!
Order Terms
Part One: Placing an Order
1.1 By signing and returning this pro forma invoice, you confirm your intention to purchase the cask whisky stock as described in the attached documents.
1.2 A contract will be established once the client signs and dates a copy of the invoice. This date signifies a formal instruction, initiating the purchase process and binding both parties to these terms.
1.3 In compliance with AML (Anti-Money Laundering) and KYC (Know Your Customer) regulations, DW (Drinkswork) is required to verify client details, including proof of identity, residency, and bank account information necessary to validate the source of funds.
1.4 Upon satisfactory completion of AML and KYC checks, the escrow provider will create a dedicated transaction client account. The client must deposit funds into this account equivalent to the purchase value of the cask whisky.
1.5 Once the signed pro forma invoice is received and “cleared funds” are present in the client account, DW will proceed to place an irrevocable order with the trade supplier to acquire the stock.
1.6 We will initiate the bonded storage application and connect the client with an approved representative of Her Majesty’s Revenue and Customs (HMRC), a bonded warehouse, or a similar entity in the UK. This party will legally represent the client in managing goods held in regulated bonded storage under duty suspension.
1.7 Once the designated duty representative confirms the client’s registration, the stock transfer or ownership update will be managed by the trade supplier or bonded storage provider. Please note that the physical transfer of stock may take up to 120 days, depending on the availability and location of the bonded facility.
1.8 Drinkswork reserves the right to reject instructions from third-party representatives, regardless of their relationship with you or whether they are beneficiaries of the goods.
1.9 Given the unique nature of the stock, the signing of the pro forma invoice and acceptance of AML and KYC checks by the escrow provider establish a commitment from both parties. Drinkswork commits to delivering the described stock at the specified price, and the client commits to purchasing the specified stock as detailed in the pro forma invoice.
Part Two: Pricing
2.1 All prices for our whisky barrel inventory are presented in British pounds and on an “ex-warehouse” basis. These prices do not include any taxes or VAT applicable under the inventory conditions regulated by HM Revenue & Customs (HMRC) or during any tax suspension periods.
2.2 If you choose to transfer your whisky barrels out of bonded facilities, you will be responsible for paying the current tax and VAT rates to the storage provider or bonded facility. These charges will be calculated based on the purchase price and alcohol strength. Payment must be settled before the release or transfer of your whisky barrels from the bonded facility.
2.3 All whisky barrel prices are internally determined and include commercial profit. This takes into account factors such as availability, demand, and geographic considerations including global market prices. We acknowledge that the same whisky barrels may be available elsewhere at different prices, whether higher or lower.
Part 3: Ownership Documents
3.1 Ownership Transfer: Once the escrow provider confirms receipt of funds matching the proforma invoice, you will officially own the goods. These funds will be transferred to DW to verify your purchase. This step allows DW to place an order with the supplier on your behalf.
3.2 Supplier Confirmation: Upon receiving your order, the supplier will confirm via email and provide DW with a purchase order invoice. This invoice corresponds to the goods detailed in the proforma invoice you signed. This action will trigger the release of your funds to DW.
3.3 Title Transfer and Certificate: Once the funds are in place, DW will instruct the supplier to transfer the ownership title. At the same time, a digital version of the “Title Certificate” will be generated in your name. This certificate will be sent via email to you and DW as proof of ownership transfer.
3.4 Ownership Confirmation: The storage provider, customs representative, or bonded facility will provide a physical copy of the “Title Certificate.” This certificate confirms your beneficial ownership. It provides detailed information about the barrel whiskey brand, contents, volume, alcohol strength, and unique barrel identification number. Additionally, it specifies the location of the barrel in storage.
3.5 Certificate Clarification: It is important to note that the “Title Certificate” does not serve as a delivery order. The goods are held by your customs representative under duty suspension, who is legally responsible for ensuring storage compliance with UK HMRC regulations and legislation regarding suspended duty status.
3.6 Non-transferable Title: Please note that the “Title Certificate” is not transferable to other parties. Any changes to the title can only be handled by your customs representative. If necessary, they have the authority to issue a new “Title Certificate,” for example, in the case of a sale of the goods.
Section 4: Secure Storage and Removal
4.1 We ensure the security of your whisky supply by transporting it to a UK tax and customs (HMRC) approved bonded facility that meets industry standards. This facility is managed by a storage provider or Duty Representative approved by HMRC and maintains the whisky in a controlled and secure environment.
4.2 You are responsible for the costs associated with storing your barrelled whisky in the bonded facility from the moment ownership is transferred. Facility fees are prepaid annually and invoiced directly by the Duty Representative or storage provider, calculated according to their current prices and terms.
4.3 From the time of purchase, you are responsible for protecting your whisky stock against damage or loss. From that point on, you must also insure the stock, with insurance premiums managed by the Duty Representative or storage provider.
4.4 If you decide to remove stock from the bonded facility, please note that any costs related to handling, transferring, shipping, or removal will be your personal responsibility. This includes any applicable duties and VAT charges determined by UK tax authorities at the time of removal.
Section 5: Delivery
5.1 Delivery Notice: The storage provider will notify you when your whisky cask has been delivered to a secure bonded warehouse.
5.2 Delay Situations: If a delay is caused by unforeseen events beyond Drinkswork’s control (force majeure), Drinkswork shall be exempt from any liability for delivering the inventory within the agreed timeframe.
5.3 Definition of Force Majeure: For the purposes of this contract, force majeure refers to an unexpected event or circumstance that the parties could not reasonably foresee or control.
Section 6: Cancellation Policy
At Drinkswork, we understand that plans may change. We want to ensure your experience with us is simple and clear. Please take a moment to review our cancellation policy.
Cooling-Off Period: We believe it is important to give customers peace of mind. Although regulations may not require it, we offer you a 7-business-day cooling-off period starting from the day you sign the proforma invoice. During this time, you have the right to change your mind and cancel the order. To do so, simply send us written notice via email or by mail to our main office address.
Refund of Customer Payments: If you cancel your order within the cooling-off period as specified in item 1, we will promptly notify the escrow provider to refund any payments you have made. This aligns with our commitment to ensure a smooth process for you.
Order Processing and Cancellation: Once we receive funds through the escrow provider, we begin the process of purchasing goods from our trade suppliers. It is important to note that this also marks the moment your right to cancel is forfeited, regardless of how much time has passed since your instruction or signing of the proforma invoice.
Timely Cancellation: Considering that we acquire stock from trade suppliers on your behalf, any cancellation requests must reach us within the period specified in item 1. This should be before any funds are received by the escrow provider, as described in item 3.
Administrative Fee: If you decide to cancel your order within the timeframe outlined in item 1, we reserve the right to charge a small administrative fee. This fee is 2.5% of the total value stated on the proforma invoice.
Stock Availability and Changes: Occasionally, due to factors beyond our control, the availability or price of certain stock may change between invoice issuance and placing orders with trade suppliers. If this occurs, we will notify you immediately. You have two options:
a) We can offer you alternative stock of equivalent quality.
b) If you prefer, we can provide you with a full refund.
Our goal is to ensure you have the best experience, and we will assist you every step of the way.
If you have any questions about our cancellation policy or your order, please feel free to contact us. Your satisfaction is our top priority.
Learn about Drinkswork’s transparent cancellation policy. Cancel easily within 7 days.
Fast refund processing.
Guaranteed order flexibility.
Quality assurance.
Transparent fees.
Keep informed about stock updates.
Excellent customer service.
Section 7: Responsibilities and Warranties
At Drinkswork, we aim to ensure transparency and clarity in our commitments. So, let us break it down for you:
7.1 Your Confidence is Crucial
(a) We do not provide any guarantees or representations regarding:
Whether the stock is suitable for your needs, whether for consumption or as an asset.
The future value of the stock. If you choose to invest, that decision is entirely yours.
(b) If you decide to treat the stock as an investment, that decision is made entirely by you.
(c) We do not promise to resell your customer stock within 5 years, nor do we bind ourselves to any obligation to sell or resell any stock purchased at Drinkswork.
7.2 Our Commitment to Quality
(a) We commit to working with qualified, trustworthy third parties to provide stock, custody services, storage, or bonded facilities.
(b) We will perform the services described in these business terms with care and professionalism.
7.3 Our Responsibility
If problems arise, we will sincerely assist you: we are only responsible for the price of the whisky barrel stock you paid for that leads to claims or issues.
7.4 Beyond Our Responsibility
Except as explicitly stated in these business terms, we are not responsible for any problems arising from this simplified glossary. This applies regardless of issues caused by interpretation itself, negligence, statutes, or any other legal reasons.
Please remember, we are here to assist and provide you with the best service. If you have any questions or concerns, feel free to contact us. Your satisfaction is our top priority.
Article 8: Jurisdiction of the Agreement
8.1 Jurisdiction of the Agreement: This contract between you and the Company shall be governed by and construed in accordance with the legal system of England.
Article 9: Definitions
In this Agreement, the following abbreviations shall be interpreted according to their designated meanings:
AML: Refers to laws and regulations aimed at preventing money laundering.
HMRC: Represents Her Majesty’s Revenue and Customs, the government agency responsible for tax and customs affairs.
KYC: Stands for “Know Your Customer” process, which involves verifying the identity of clients.
ABV: Indicates Alcohol By Volume, referring to the alcohol content in a beverage.
OLA: Stands for Original Liquid Alcohol, used to measure the quantity of alcohol in its initial state.
This section provides a brief explanation of the abbreviations used throughout this document.
Here is an inspiring introduction to Drinkswork’s business! Our simplified business terms clarify your collaboration with us when purchasing products, inventory, or services. Please read the full official version of Drinkswork’s business terms through our secure email system when terms apply; this version comes with our formal invoice.
To obtain the comprehensive and detailed version, please click the link provided below:
