Distillers Experience – Series 1 Terms and Conditions

First Posted February, 2024
Last updated N/A

In these terms and conditions, “we”, “us” and “our” refers to Distiller’s Experience – Series 1 (the “Experience”) operated by Durham Distillery Ltd. (“DD”) of Ajax, Ontario, Canada and “you”, “your” refers to an individual who chooses to purchase the Experience. Your access to and use of all information on this website including purchase of the Experience and our services is provided subject to the following terms and conditions and also to our standard Website terms of use regarding your use of Our website (www.durhamdistillery.ca). We reserve the right to amend these Experience Terms and Conditions at any time and your use of the website and Experience participation following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website that you read these Terms and Conditions. Your Experience will cease with the shipment of the final Whisky bottle currently scheduled for March of 2025.

Member Registration and Limitations

You must purchase the Experience services provided on this website (www.durhamdistillery.ca) or at the retail store to receive the alcohol and whisky products. To participate in the Experience, you must provide certain information as set out on the website or in person if purchasing through the retail store. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration and through enjoyment of the Experience.
You agree to ensure that any information you provide to us are true and accurate at all times. It is your responsibility to advise us of any change to your address and payment details or shipment details of the alcohol product to ensure smooth delivery. Failure to do this may result in the product being sent to an incorrect address, and we will not be liable for this.
On registration and purchase of the Experience, you agree to pay for the Experience as set out on our website and these terms and conditions. On the shipping of the alcohol product, you agree to pay for the complete costs of shipping and handling to the address provided.
We reserve the right to terminate your participation in the Experience at any time if you breach these terms and conditions. We reserve the right to limit the number of participants in the Experience to 300 to ensure everyone will receive a bottle of the final Whisky release from barrel #3 in 2026.
You must be 19 years or older to purchase the Experience. It is an offense to sell alcohol to minors and it is a punishable offense for a minor to purchase alcohol. Any minors attempting to purchase the Experience and found to have falsely claimed to be 19 or over will be reported to the Police in the jurisdiction in which they live.
Participation in the Experience is open to Canadian residents only.
You can terminate your participation in the Experience at any time; however, all membership and shipping and handling fees are NON-REFUNDABLE.

Your Experience and How It Works

DD is providing the Experience so participants can enjoy a unique Whisky journey experiences over a two plus year time horizon – from whisky barrels originally laid down by DD back in March of 2023. The alcohol that went into these barrels was from a batch run of 80% Ontario Rye and 20% Ontario Malted Winter Wheat; the three barrels were all from the same cooperage and production run. You will be sent three 750 ml bottles over the next two years plus per the schedule set out below.
In March of 2024 from barrel #1, provided we are able to charge your credit card for the costs of delivery and handling, you will receive a gift box containing the first bottle of the scheduled alcohol release. This first release has been aged 12 months in the oak barrel and cannot legally be termed ‘Whisky’ because it has not yet been aged for three years. You will also receive two DD branded rock glasses, a booklet providing information on Our head distiller, Chris Ferg, the DD distillery, the cooperage, the mill that supplied the grains, and pages for you to make tasting journalling notes over the next two years for all three of the releases. Also to be included are your official DD certificates to claim the remaining two bottles. The final release can legally be termed a ‘Whisky’ because it will have aged three years in the oak barrels.
In March 2025 from barrel #2, you will receive the second bottle, aged 24 months in the barrel.As every bottle is numbered, you will receive the same number from the first release. And finally in March 2026 from barrel #3, you will receive the fully-aged Canadian Whisky at a complimentary Participation Experience launch party to be held at the distillery in Ajax, Ontario.
Between all three releases, there will be exclusive opportunities to interact with the head distiller Chris Ferg and the DD distillery (group meet-ups, participation in cask pulls or dumps) and exclusive content on our website and via email including promotions.

The Experience is designed to provide an educational whisky-tasting experience that allows you to go on the whisky journey with DD as it prepares to release a new “Whisky”.

By purchasing the Experience, you agree to receive email correspondence from us. It is your responsibility to ensure that the DD’s email addresses (us@durhamdistillery.ca) are whitelisted in your mail program to ensure deliverability. DD does not accept responsibility for non-delivery of emails.
All bottles provided as part of the Experience are DD’s standard bottle size sold in Canada which is 750ml.
You will also have First right of refusal for anything else made available for public sale from the Experience barrel dumps during the term of the Experience.

Refunds and Returns

All Experience fees and shipping and handling fees are NON-REFUNDABLE and the Experience fee DOES NOT INCLUDE shipping and handling costs for delivery of the three scheduled bottles.
There are no refunds provided for returned alcohol and Whisky products.
It is your responsibility to ensure that the email address provided to us at registration is correct in order for you to receive email correspondence from us. Please ensure that you update this address in your accountif and when it comes time for us to process payment that you provide us with new payment information.

Charging your credit card

Unless otherwise stated, you will be charged for the Experience fees at the time of signup and for shipping and handling fees on the shipment of Whisky product (3X over the next two plus years) at the time of shipping of the alcohol and whisky product when you will again provide payment details.
We will re-attempt to charge declined cards daily for the next five working days or until sold out. It is your responsibility to ensure you have sufficient funds available on your card and to update your account with your new payment details before your current card expires.
Delivery
We, or our agents, ship the alcohol and Whisky products to you according to the instructions agreed upon by you when you purchase the Experience.
Shipping & handling costs are NOT included in the original Experience fee charged to your credit card and will be processed at the time of shipping of the alcohol and Whisky product.
Should you not receive your bottles within a reasonable time after notification of shipment, contact us. If the product has not been delivered or has been shipped to an address other than the one registered or stipulated by you as your delivery address, we will ship a replacement product. Sometimes parcels are returned to our warehouse because of a variety of issues with delivery. Here we need you to confirm your delivery address, which will occur via email. Once confirmed we’ll ship your order back to your confirmed address.
Should the product be damaged in transit, please let us know and we can arrange a replacement of the product. We reserve the right to request evidence of damage in transit.
In line with best practice your parcel requires a signature on delivery. Should you elect to give the courier an “Authority to leave” then DD cannot be held responsible for any issues that may arise from damage, loss or deterioration to the product once delivery has been made. DD is not obliged to provide a replacement but may do so at its discretion.
A person must not order or request a person under the age of 18 years to take delivery of acohol purchased from DD.

Site Access – Participants Portal

When you visit our website, your use of the Website is governed by our standard website access Ts and Cs.
We may at some time provide an Experience Portal, in which case you will be able to make postings and communicate with other members, and this will be governed by the following:
Companies — Your Content: If you are using the membership services on behalf of a company, you may be able to upload, post, or otherwise submit (“Submit”) content. We claim no ownership of your company content. You or your third-party licensor, as applicable, retain all copyright, patent, and trademark rights to any company content that you post on or through the Services.

Messages: We may allow Experience participants to send messages (“Messages”) to other participants. We may terminate the ability of anyone to send messages at any time and for any reason, without notice or liability to that member or other members. If a member sends you an objectionable Message, please notify us by sending an e-mail to info@durhamdistillery.ca. You agree that DD may monitor messages for compliance with these Terms and Conditions, and therefore, Messages are not confidential or proprietary and you understand that any information sent using Messages has been disclosed beyond the parties to the Messages.
Content Generally: All forms of content that participants share with one another or with DD or through our Services are collectively referred to as “User Content.”
Limited License Grant to DD: You grant DD a world-wide, non-exclusive, sublicensable, royalty-free, transferable, limited license to use, modify, host, store, remove, publish, perform, reproduce, transmit, or display User Content that you submit in order to facilitate the display and use of your Content. DD may reuse the content in an aggregated manner or for analytics purposes, but not in the manner that specifically identifies you.
Limited License Grant to Other Users: By posting or sharing User Content with other participants or website users, you grant those Users a non-exclusive license to share that User Content with their employees, agents, representatives, and advisors, and to access and use that User Content as permitted by these Terms and the functionality of the Services.
Content Disclaimer: You understand that by using the service and accessing the website, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from DD, that may contain errors, be offensive, indecent, or objectionable. You use Experience services, and rely upon any materials and service, at your sole risk. DD will not have any liability to you for any Materials that may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. DD may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.

The Experience and alcohol and Whisky Disclaimers

Whilst we take all due care in providing our services and alcohol products, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

Limitation of Liability

1.1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
1.2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services or alcohol products we have supplied.
1.3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

Indemnity

By accessing our website and purchasing the Experience, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website and any alcohol product provided to you as part of your membership.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of the Province of Ontario, Canada and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Tasmanian and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

We undertake to take all due care with any information which you may provide to us when becoming an Experience participant, corresponding with us, and accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our Privacy Policy.
We may provide your name & address and contact information to third parties couriers and shippers purely for the express purpose of facilitating delivery to you. No other information is provided to our shippers.
In respect of any contests, it is the responsibility of the participant to pay for their own transportation to and from the retail store of DD situate in Ajax, Ontario to claim or enjoy any prizes.

The Certificate

The official Certificate is issued exclusively to purchasers of the Experience.
The Certificate is not transferable and is for the personal use and benefit only unless purchased on behalf of someone else as a gift.

Miscellaneous

DD reserves the right to reject any attempt to purchase the Experience, to terminate any Certificate, or to refuse to replace any lost, damaged or stolen Certificate, at their absolute discretion, and without having to state any reason whatsoever.
The DD’s decision on all matters relating to or in connection with Experience shall be final and conclusive and no correspondence in relation thereto will be entertained.