Terms & Conditions

The use of this website and purchase of Keeper’s Heart Cask Society membership (“Membership”) and other goods and services through this website is conditional upon your acceptance of these terms and conditions (“Agreement”).

Before offering to buy a Membership, you must open an account with O’Shaughnessy Distilling, LLC dba O’Shaughnessy Distilling Co. (“Company” or “we”) and by doing so you are deemed to have accepted these terms and conditions. osdistilling.com and related microsites (“website”) is a website operated by the Company.

We sell Membership services to our customers (“Members” or “you”) whereby you will be entitled to the benefits described on the Company’s Membership offer website. Membership entitles you to the exclusive ability to purchase alcohol products aged in a unique cask associated with your Membership level in addition to other services and benefits as described on the Membership website. Should you choose to purchase alcohol products made by Company, we may work with a third-party vendor who will assist you to obtain the alcohol product(s) through a licensed retailer or as may otherwise be required or authorized by law in your state, country or jurisdiction. All alcohol products made available to you through Membership shall be bottled, labeled and sold in accordance with all federal, state laws and regulations in the applicable country.

Company’s obligations under this agreement are to issue the Membership to you under this Agreement. Membership will expire on the fifteenth (15th) anniversary of the date of your initial Membership date. Membership shall be renewable for additional one-year periods with terms and conditions as agreed upon by you and Company at that time. Membership shall be transferrable to individual person(s) as agreed upon in writing in advance by Company. This Agreement shall be applicable to any and all future transferees. Purchase of Membership is non-refundable. No refunds or partial refunds will be offered or given under any circumstances including impossibility of performance of this Agreement. We may, however, issue Membership credits which may be used to make purchases on the website, at the distillery or to apply toward other Company Memberships. You fully understand and accept this risk. Member shall obtain no claim or right to any Company property, including, but not limited to, any cask or alcohol contained therein or bottled or warehoused alcohol product until such time title legally passes to Member.

Bottled alcohol products are sold/or and delivered by a network of independent retailers, vendors and other parties. Membership is not an offer to purchase any alcohol product or service but an invitation to make an offer. You acknowledge and agree that Company does not sell, offer to sell, invite to sell, or solicit any offers except as authorized by law in the applicable jurisdiction. Except as may otherwise be permissible under your state/country/jurisdiction, all sales are advertised, solicited, offered, accepted, made and delivered by retailers and vendors who receive all orders. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.

By making an offer for Membership, you confirm that:
– You are legally capable of entering into binding contracts;
– You are at least 21 years old or of legal minimum age for purchasing alcohol in your country of residence.

When purchasing product or service, you may be asked to supply certain information relevant to the purchase including, without limitation your banking instructions, credit card information, billing address, shipping information, email address, and delivery phone number. You represent and warrant that you have the legal right and authority to use any banking account information or credit card utilized in connection with any transaction. By submitting such information, you grant to Company and to vendors the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding a vendor’s privacy policy, please contact us before purchasing a product.

You grant us an irrevocable non-exclusive license to use for any purpose any content you post on our website or otherwise communicated to us via any media.

If you access our website and services, we advise you to check it with your local authority before using any of our services. It is on your own initiative and it is your responsibility to be in compliance with all local laws and regulations, if and to the extent they are applicable.

By placing an order, you represent that you authorize us to act on your behalf to engage a third party to facilitate any sale of alcohol products to you. You agree to abide by the third-party service provider’s terms and conditions with respect to sale and delivery. Company and our affiliates make no representation as to the right of any person to import or export any product into any country or state. Sales/usage taxes and delivery fees that might apply are Member’s responsibility at the time of purchase. [1]

We will accept your bank transfer or charge your credit card when you offer to buy a Membership. The contract is formed between you and Company on the purchase of Membership until termination of the Membership. To cancel a contract prior to termination of Membership, you must inform us in writing, by email. Cancelation of Membership will result in the forfeiture of all rights and benefits associated with Membership and no refunds will be offered or provided.

For Members outside of the US, (unless otherwise applicable in the US after retail sale to Member) the products and services are sold under the condition that they will at no point become the subject of duty of tax evasion. Ensuring that any relevant duties or taxes have been paid remains the sole responsibility of the customer and we will not be liable for any actions undertaken without the appropriate duties having been paid subsequent to the sale

All pictures shown are for illustrative purposes only. Actual products may vary in, for example, edition or batch.

Our Right to Cancel Membership
Company reserves the right to cancel Membership in the event you falsify or misrepresent information provided to the Company or otherwise commit or intend to commit a fraud against the Company or other illegal act in connection with Membership.

You are permitted to print and download extracts from the website for your own use on the following basis:
– no documents or related graphics on the website are modified in any way;
– no graphics on the website are used separately from the corresponding text; and
– our copyright and trademark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including without limitation photographs and graphical images) are owned by Company or our licensors.

For the purposes of this legal notice, any use of extracts from the website other than in accordance with these terms and conditions for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.

Subject to these terms and conditions, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.

Service Access
While we endeavor to ensure that the Company website and Membership website are normally available 24 hours a day, we shall not be liable if, for any reason, the websites are unavailable at any time or for any period. Access to any Company website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor Material and Conduct
Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to any Company website shall be considered non-confidential and non-proprietary. Company shall have no obligations with respect to such material. Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the website any material:
– that’s threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
– for which you have not obtained all necessary licenses and/or approvals; or
– which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
– which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the website (including, without limitation, by hacking). In case of any violation of these Terms and Conditions or any fraudulent behavior, we reserve the right to cancel or terminate any Membership account. We shall also fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of these terms and conditions.

Links to and from Other Websites
Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. Company does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the website, you do so entirely at your own risk.

Registration
Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Company’s Liability
Our liability for losses suffered by you as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Membership you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:
– Under section 2(3) of the Consumer Protection Act 1987;
– For fraud or fraudulent misrepresentation; or
– For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:
– loss of income or revenue
– loss of business
– loss of profits or contracts
– loss of anticipated savings
– loss of data
– loss of data, or
– waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [even if foreseeable].

Suspension and Termination
Company will determine, with discretion, whether there has been a breach of these terms and conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:
– Immediate, temporary or permanent withdrawal of your right to use our sites.
– Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
– Issue of a warning to you.
– Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
– Further legal action against you.
– Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Variations
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.

Our Right to Change These Terms and Conditions
Company has the right to revise and amend this Agreement from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. We may revise this legal notice at any time by updating this page. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this website.

No Rights of Ownership

IMPORTANT – PLEASE READ: BY SIGNING BELOW, YOU EXPRESSLY ACKNOWLEDGE THAT THIS MEMBERSHIP DOES NOT ENTITLE YOU TO OWNERSHIP IN O’SHAUGHNESSY DISTILLING, LLC DBA O’SHAUGHNESSY DISTILLERY CO. OR ANY AFFILIATED ENTITY OR PROPERTY. THE PURCHASE OF THIS MEMBERSHIP IS NOT INTENDED TO BE A SALE OF ANY STOCK OR OTHER SECURITIES IN O’SHAUGHNESSY DISTILLING, LLC DBA O’SHAUGHNESSY DISTILLERY CO. OR ANY AFFILIATED ENTITY AND MEMBERS SHALL NOT BE ENTITLED TO ANY RIGHTS OF OWNERS SUCH AS A SHARE OF PROFITS AND/OR GOVERNANCE RIGHTS.

Law and Jurisdiction
This agreement and any dispute arising out of it will be governed by and construed in accordance with the laws of Minnesota. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of the State of Minnesota.

[1] Residents outside of the United States: Company will utilize the services of a third-party broker to assist with importation, duties, taxes, transportation and other logistics (“Costs”). You will be responsible for the payment of all additional Costs prior to bottling and shipment.