Laggan Bay Distillery Cask Sales Programme Terms & Conditions
Your order will only be accepted once payment of the Deposit has been received by us and any identity verification checks have been completed to our satisfaction. By submitting your order, you confirm that you have read and accept the Terms and Conditions set out below. Please read the Terms and Conditions carefully before submitting your order.
Cask Details
Cask Type: First-fill ex-bourbon oak cask.
Spirit: Laggan Bay New-Make Spirit.
Scheduled Filling Date: Dates to be determined in August and September 2026.
Estimated Yield: After 10 years, approximately 225 to 250 bottles at cask strength.
Estimated ABV: After 10 years, approximately 58% to 60% ABV.
Please note: as detailed in clause 10 of the Terms and Conditions, the total number of bottles that you receive, as well as the ABV of the whisky, may be more or less than these estimates, and will depend on a number of factors including the degree of Angel’s Share. The Price is based on these estimates and will not change.
Price And Payment
Price per Cask: £5,500
Deposit: A deposit of £500 (payable on submission of this, non-refundable except under clause 7 of the Terms and Conditions)
Balance: £5,000 (payable within 28 days of deposit)
Maturation Period: Up to ten (10) years from the Filling Date included in the Price. Further maturation beyond ten (10) years may be available subject to then-prevailing storage, insurance and cask management rates as set out in clause 9.5 of the Terms and Conditions.
Declaration
By ticking the confirmation box at checkout and submitting the order, I confirm that: (a) I am 18 years of age or older and legally permitted to purchase alcohol in my jurisdiction and in the United Kingdom; (b) I have read and accept the Terms and Conditions and confirm that I would like to place an order for the above Cask; (c) the information I have provided is accurate and complete; and (d) I am not purchasing the Cask in the capacity of a wholesaler, retailer, fund, or other entity in the business of selling alcohol, or for the purposes of any investment scheme.
Summary Of Your Key Rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you are entitled to the following: up to 30 days, if your goods are faulty, you can get a refund; up to six months, if they cannot be repaired or replaced, you are entitled to a full refund in most cases; up to six years, if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133. Nothing in these Terms and Conditions will affect your statutory rights.
1. About This Contract
1.1 These Terms and Conditions set out the terms on which we will sell to you the contents of a Cask of new-make spirit distilled at Laggan Bay Distillery, together with maturation, storage and related services.
1.2 The Order Form is incorporated into these Terms and Conditions by reference. Together, the Order Form and the Terms and Conditions form the contract between us (the “Contract”). To the extent of any inconsistency between the Order Form and these Terms and Conditions, the Order Form shall take precedence.
1.3 Please read these Terms and Conditions carefully before submitting the Order Form. If you have any questions, please contact us using the details in clause 25.
2. Who We Are
2.1 In this Contract, “we”, “us” or “our” means Ian Macleod Distillers, a company registered in Scotland (company number SC032696) with its registered office at Peter Russell House, 2 Youngs Road, East Mains Industrial Estate, Broxburn, West Lothian, Scotland EH52 5LY.
2.2 “You” or “your” means the individual purchasing the Cask from us, as identified in the Order Form. This Contract is for consumer purchases only.
3. Definitions
3.1 In this Contract, the following terms have the following meanings:
“Angel’s Share” means the natural evaporation of spirit from the Cask during maturation, which results in a gradual reduction in volume over time;
“Bonded Warehouse” means a warehouse approved by HMRC for the storage of goods under duty suspension, as selected by us from time to time;
“Bottled Whisky” means the whisky bottled from your Cask in accordance with clause 12;
“Cask” means the first-fill ex-bourbon oak cask filled with Laggan Bay new-make spirit, as specified in the Order Form;
“Deposit” means the deposit specified in the Order Form;
“Filling Date” means the date on which we fill the Cask with new-make spirit;
“Founders Club” means the membership programme described in clause 16, as may be varied by us from time to time;
“Maturation Period” means the period of up to ten (10) years from the Filling Date, as specified in the Order Form;
“Order Form” means the order form submitted by you to us;
“Price” means the amount as specified in the Order Form; and
“Scotch Whisky Regulations” means the Scotch Whisky Regulations 2009 (as amended from time to time).
4. Eligibility
4.1 To place an order, you must be 18 years of age or older and legally permitted to purchase alcohol in your jurisdiction and in the United Kingdom. By submitting the Order Form, you confirm that you meet these requirements.
4.2 You agree to provide such information as is required by us from time to time where required for our compliance with legal obligations under applicable anti-money laundering, counter-terrorist financing, sanctions, and financial crime prevention laws. The sale of the contents of the Cask to you is conditional on you complying with any such requests and passing these checks to our satisfaction and failure to comply with such requests during the term of this Contract shall constitute a material breach for the purposes of clause 24.
4.3 We reserve the right to accept or refuse any order at our sole discretion.
5. How Your Order Is Placed And Accepted
5.1 By submitting the Order Form, you are making an offer to purchase the contents of the Cask on these Terms and Conditions. We are free to accept or decline your order at our discretion.
5.2 Subject to clause 6.3, the Contract between us will become binding when we have received the Deposit from you in cleared funds, any identity verification checks have been completed to our satisfaction, and we confirm acceptance of your Order Form by email.
6. Price and Payment
6.1 The Price includes: (a) the contents of one first-fill ex-bourbon oak cask filled with Laggan Bay new-make spirit; (b) maturation of the Cask at a Bonded Warehouse on Islay for the Maturation Period; (c) cask management during the Maturation Period; and (d) warehousing and insurance during the Maturation Period, as further described in clause 15.
6.2 The Price does not include: (a) bottling, labelling and associated dry goods (see clause 12); (b) UK excise duty and VAT, which are deferred while the Cask remains under bond (see clause 18); (c) shipping, export, customs clearance or delivery costs (see clause 14); or (d) any additional maturation, storage or insurance costs beyond the Maturation Period (see clause 9.5).
6.3 The Deposit is payable by you to us on submission of your Order Form. Your order is not confirmed until the Deposit has been received by us in cleared funds, any identity verification checks have been completed to our satisfaction, and we have confirmed this to you in accordance with clause 5.2.
6.4 The remaining balance of the Price must be paid by you to us no later than thirty (30) days before the Scheduled Filling Date specified in the Order Form. Payment must be made by bank transfer to the account specified in our invoice, or by such other method as we may accept.
6.5 If we do not receive the balance of the Price by the due date, we may cancel your order and terminate this Contract on written notice to you. In such circumstances, the Deposit shall be forfeited, subject to your cancellation rights under clause 7.
7. Your Right To Cancel
7.1 You have the right to cancel this Contract within fourteen (14) days of the date on which we confirm acceptance of your order (the “Cancellation Period”), without giving any reason.
7.2 To cancel, you must notify us in writing (by email or post) using the contact details in clause 25. We will issue you with confirmation of cancellation and process a full refund of any sums paid, including the Deposit, within fourteen (14) days.
7.3 After the Cancellation Period has expired, cancellation will not be permitted and the Price (including the Deposit) will be non-refundable, except as required by law.
8. Ownership and Title
8.1 Legal and beneficial ownership of the contents of the Cask shall transfer to you upon our receipt of payment of the Price in full. For the avoidance of doubt, only ownership of the contents of the Cask (i.e. the spirit) shall transfer to you. Ownership of the wooden cask itself shall remain with us at all times.
8.2 Following the transfer of ownership, during the term of this Contract, subject to the terms set out herein, we shall hold the contents of the Cask on your behalf as bailee. We shall store and manage the Cask with reasonable care in accordance with this Contract.
8.3 At your request, we will provide you with documentation confirming the transfer of ownership.
9. Maturation and Cask Management
9.1 Following the Filling Date, we will store and mature your Cask at a Bonded Warehouse on Islay for the duration of the Maturation Period. We will oversee maturation and conduct regular quality monitoring.
9.2 You may request in writing that we bottle the entire contents of the Cask at any time during the Maturation Period, provided that early bottling before the end of the Maturation Period will not take place until after the first official Laggan Bay whisky release, and is at all times subject to our approval.
9.3 Subject to clause 9.2, we will use reasonable endeavours to complete bottling within nine (9) months of receiving your written bottling request. Partial bottling of a Cask is not permitted; the entire contents must be bottled at once.
9.4 You acknowledge that the Angel’s Share is an inherent and expected part of the whisky maturation process. You acknowledge and accept that the volume of spirit in the Cask will reduce over time as a result of the Angel’s Share.
9.5 If you wish to continue maturation beyond the Maturation Period, we may (but are not obliged to) agree to extended storage at our then-prevailing storage, insurance and cask management rates, to be agreed in writing between us before the extended period begins.
10. Angel's Share, Yield and Quantity
10.1 The estimated yield and estimated ABV set out in the Order Form are based on our best calculations at the time of your order. However, maturing whisky is a natural process, and the actual output may differ from these estimates.
You acknowledge and accept that:
10.1.1 the actual number of bottles produced from the Cask may be more or less than the estimated yield;
10.1.2 the cask strength of the whisky will not be known until bottling;
10.1.3 the flavour profile, colour and character of the whisky may vary and cannot be guaranteed;
10.1.4 the Price will not be adjusted by reference to any variation in yield, ABV or quality; and
10.1.5 if the actual yield exceeds the estimated yield, the additional bottles are yours to keep.
10.2 Whisky maturation is inherently variable. No guarantees are given regarding flavour profile, yield, bottle count or market value. This programme is not a regulated investment product, and no financial return is promised or implied.
11. Cask Condition and Re-Racking
11.1 The condition of the Cask may change naturally over time. If we consider it necessary for safety, regulatory, quality or other reasons, we may re-rack the spirit into an alternative cask of similar profile. We will notify you if re-racking takes place.
11.2 In the unlikely event that the Cask suffers excessive loss (other than through the Angel’s Share) or if we determine (acting reasonably) that the quality of the spirit is materially compromised, we will use reasonable endeavours to provide a like-for-like replacement cask or quantity of equivalent spirit.
12. Bottling
12.1 The Price does not include bottling. When you request bottling in accordance with clause 9, additional costs will apply, including: (a) bottling and labelling; (b) dry goods (bottles, corks, capsules, boxes); (c) UK excise duty and VAT (unless the Bottled Whisky is to be exported under bond); and (d) any optional bespoke packaging or label design (which may be permitted from time to time subject to our prior approval and prior written agreement between us).
12.2 All bottling will be carried out by us (or by a bottling partner appointed by us). Bottling charges will be at our prevailing rates at the time of bottling, which will be confirmed to you in advance. Bottling must be paid for in full before production commences.
12.3 Bottling may be carried out at cask strength or at 46% ABV, as specified by you in your bottling request.
12.4 All Bottled Whisky must comply with the Scotch Whisky Regulations and all applicable laws including labelling laws. Bottles will display the Laggan Bay Distillery name, mandatory legal particulars and such other information as may be required by law and as we may determine from time to time. Mandatory legal and regulatory requirements shall take precedence over any personalisation.
12.5 The total number of bottles produced and the final ABV will be confirmed to you on completion of bottling.
13. Samples
13.1 You will receive: (a) one sample of new-make spirit at the time of filling; and (b) one complimentary sample at approximately three (3) years of age.
13.2 Optional annual samples may be requested thereafter at a cost of £75 per sample (plus postage and packaging). Sample volumes and availability are subject to legal and operational constraints.
13.3 You acknowledge that each sample taken will reduce the volume of spirit in your Cask and therefore the final yield.
14. Collection and Export
14.1 The contents of your Cask must be bottled before they can be collected.
14.2 You are responsible for collection of the Bottled Whisky from our designated collection point from time to time (currently located in Broxburn). Shipping, delivery and export costs are not included in the Price and are your responsibility. We will use reasonable endeavours to assist you with delivery arrangements, but we do not guarantee the availability of any particular shipping route.
14.3 You are responsible for: (a) arranging customs clearance; (b) payment of all applicable import duties, excise duties, VAT and other taxes in the destination country; and (c) compliance with all applicable laws and regulations in the destination country.
14.4 You agree to fully reimburse and indemnify us in the event that we become liable for the payment of any taxes, duties, penalties or charges as a result of your failure to pay any applicable taxes or duties or to properly declare and discharge the Bottled Whisky in accordance with applicable laws and regulations.
14.5 You (or your appointed agent) must inspect the Bottled Whisky on collection and notify us as soon as reasonably practicable, and in any event within fourteen (14) days of collection, if any products are damaged or missing.
15. Insurance
15.1 During the Maturation Period, we will maintain insurance on your behalf covering the contents of the Cask against fire, theft and catastrophic warehouse failure.
15.2 The insured value will be based on industry-standard new-make replacement rates.
15.3 Insurance does not cover: (a) the Angel’s Share; (b) changes in flavour profile or quality; or (c) any losses arising from sampling you have authorised.
15.4 After the expiry of the Maturation Period, insurance costs will form part of the prevailing storage rates referred to in clause 9.5.
16. Visits And Owner Benefits
16.1 You will be invited to attend the filling of your Cask at Laggan Bay Distillery. We will advise you of filling dates in advance. If you are unable to attend, we will provide documented evidence of your cask being filled, together with a filling certificate.
16.2 As a Cask Owner, you are invited to join the Founders Club, which may include the following benefits: (a) invitations to selected distillery tours and events; (b) access during Fèis Ìle and one additional organised visit day per year; (c) early access to the first Laggan Bay release; and (d) special offers from other Ian Macleod distilleries and brands.
16.3 We may from time to time offer alternative or additional benefits under the Founders Club programme. These benefits are discretionary and may be varied or withdrawn by us at any time without liability.
16.4 Travel and accommodation costs associated with any visits or events are not included and are your responsibility.
17. Intellectual Property
17.1 All intellectual property rights in each of the Ian Macleod Distillers and Laggan Bay name, brand, trade marks, bottle designs and label designs shall remain our property (or that of our licensors). You shall not use the Ian Macleod Distillers or Laggan Bay name, brand or trade marks except as expressly permitted by us in writing.
17.2 You shall not do anything calculated or likely to harm the reputation of Laggan Bay Distillery, Ian Macleod Distillers or any of their affiliated brands.
18. Bonded Status and Taxes
18.1 Your Cask will be stored in a Bonded Warehouse under duty suspension. This means that UK excise duty and VAT will be deferred while the spirit remains under bond.
18.2 UK excise duty and VAT will become payable when the Bottled Whisky is removed from bond (whether for UK delivery or otherwise). You are responsible for payment of all applicable excise duty, VAT and other taxes at the rates prevailing at the time of removal from bond.
18.3 If the Bottled Whisky is to be exported, you are responsible for ensuring compliance with all applicable export regulations and for payment of all duties, taxes and charges in the destination country.
19. Liability
19.1 Nothing in this Contract shall exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which liability cannot lawfully be excluded or limited.
19.2 Subject to clause 19.1, our total liability to you in connection with this Contract (whether in contract, tort, negligence or otherwise) shall not exceed the Price paid by you.
19.3 Subject to clause 19.1, we shall not be liable for any: (a) loss of income or revenue; (b) loss of business or profits; (c) loss of anticipated savings; (d) loss of data; or (e) any indirect or consequential loss, howsoever arising.
19.4 Nothing in these Terms and Conditions will affect your statutory rights.
20. Data Protection
20.1 In order to fulfil your order and manage our relationship with you (including the Founders Club), we will collect and process certain personal information about you. Please see our Privacy Policy for further information on how we process your personal information.
20.2 Where you provide us with your personal information, you are responsible for ensuring that it is accurate and up to date. Please notify us promptly if your contact details change.
21. Force Majeure
21.1 We shall not be liable for any failure to perform, or delay in performing, any of our obligations under this Contract that is caused by events beyond our reasonable control (a “Force Majeure Event”), including but not limited to: acts of God, fire, flood, storm, earthquake or other natural disaster; epidemic or pandemic; war, armed conflict, terrorism or civil unrest; government action, sanctions or embargo; failure of utilities or telecommunications; or industrial action or labour disputes.
22. Assignation and Transfer
22.1 You may assign, transfer, sell, gift or otherwise dispose of the Cask and/or your rights and obligations under this Contract, provided that:
(a) you notify us in writing of the proposed transfer;
(b) the proposed transferee agrees in writing to be bound by these Terms and Conditions and any other requirements reasonably notified by us;
(c) all outstanding sums due under this Contract have been paid in full; and
(d) we have recorded the transfer in our ownership records.
22.2 Any purported assignment, transfer, sale, gift or other disposal shall not be effective unless and until the requirements of Clause 22.1 have been satisfied and we have confirmed registration of the new owner in writing.
22.3 Following completion of a transfer in accordance with this Clause 22, the transferee shall assume all rights and obligations of the cask owner under this Contract from the date of transfer, and the transferor shall be released from future obligations arising thereafter.
22.4 We may transfer our rights and obligations under this Contract to another organisation within the Ian Macleod Distillers group of companies, provided that this will not adversely affect your rights under this Contract.
23. Right of First Refusal
23.1 If you wish to sell the contents of the Cask whilst it is located in a bonded warehouse, you shall first offer the contents of the Cask to us (or, at our option, one of our affiliates).
23.2 You shall notify us in writing of your intention to sell the contents of the Cask. We shall have ninety (90) days from receipt of such notice to confirm whether we wish to purchase the contents of the Cask.
23.3 If we elect to purchase the contents of the Cask, the parties shall enter into a separate written agreement and use reasonable endeavours to agree a fair market price.
23.4 If we notify you that we do not wish to purchase the contents of the Cask, or if we do not respond within the ninety (90) day period, you may sell or transfer the contents of the Cask to a third party, provided that the requirements of Clause 22 are satisfied.
23.5 This Clause 23 shall survive termination of this Contract.
24. Termination And End Of Maturation
24.1 We may terminate this Contract immediately on written notice to you if: (a) you fail to pay the balance of the Price in accordance with clause 5, in which case the Deposit shall be forfeited (subject to your cancellation rights under clause 7); (b) you are otherwise in material breach of this Contract and fail to remedy such breach within thirty (30) days of receiving written notice from us requiring you to do so; (c) you engage in or are charged with smuggling, terrorism or money laundering or are convicted of any other criminal offence; or (d) we are unable to fulfil your order by reason of a Force Majeure Event in accordance with clause 21.1.
24.2 If you have not requested bottling by the end of the Maturation Period, we will contact you to discuss bottling arrangements. If, despite our reasonable efforts to contact you (including at least two written notices sent to your last known email or postal address), we do not receive your bottling instructions within twelve (12) months after the end of the Maturation Period, we reserve the right to: (a) bottle the entire contents of the Cask on your behalf; (b) store the Bottled Whisky at your cost; and (c) if the Bottled Whisky remains uncollected for a further six (6) months after bottling, sell the Bottled Whisky at a reasonable market price, deduct any outstanding storage, insurance, bottling and administration costs from the proceeds, and hold the net proceeds on your behalf for a period of two (2) years.
24.3 Termination of this Contract shall not affect: (a) any rights or obligations that have accrued before the date of termination; or (b) any provision of this Contract that is expressly or impliedly intended to survive termination.
25. Notices
25.1 All notices under this Contract must be given in writing and sent by email or prepaid first-class post.
25.2 Notices for us should be sent to: info@lagganbay.com and Laggan Bay Cask Manager, Ian Macleod Distillers Limited, Peter Russell House, 2 Youngs Road, East Mains Industrial Estate, Broxburn, West Lothian, EH52 5LY.
25.3 Notices for you will be sent to the email or postal address provided in the Order Form. It is your responsibility to inform us promptly of any change in your contact details.
26. Disputes And Governing Law
26.1 If you have a complaint or dispute about any aspect of your purchase, please contact us as soon as possible using the details in clause 25 and we will try to resolve the matter promptly.
26.2 This Contract and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with Scots law.
26.3 The courts of Scotland shall have non-exclusive jurisdiction to settle any dispute arising out of or in connection with this Contract.
27. General
27.1 This Contract (including the Order Form) constitutes the entire agreement between us in relation to your purchase and supersedes all prior discussions, correspondence and agreements.
27.2 No variation of this Contract shall be effective unless agreed in writing by both parties.
27.3 If any provision of this Contract is found to be illegal, invalid or unenforceable, the remaining provisions shall continue in full force and effect.
27.4 A failure or delay by us in exercising any right under this Contract shall not operate as a waiver of that right.
27.5 No person other than you and us shall have any right to enforce any term of this Contract.