Witchmark Distillery Cask Sales Terms and Conditions

1. A completed order form and these Terms and Conditions comprise the contract of sale for a
Witchmark Distillery cask of whisky (“Cask”) between The Wiltshire Distilling Company Limited (also
referred to as “we, our, us or Distillery”) and our Customer (also referred to as “you or your”).
2. Cask Availability – we only have a small number of casks which are available for individual
purchase each year. These are on a first come first served basis. Further information on our cask
sales program can be seen at https://witchmark.co.uk/pages/cask-sales or contact the team on +44
(0) 1747 356110 or email everything@withcmark.co.uk for further details
3. Cask Sizes - Our standard casks are all 200 litres ex-first fill Bourbon casks. Other casks may be
available by special request.
4. Cask Content - The Cask will be filled with new make spirit produced at Witchmark Distillery at a
filling strength of between 58% and 63.0% alcohol by volume (ABV).
5. The Cask - The price does not include the cost of the actual wooden cask which shall remain the
property of the Distillery.
6. Payment – Payment is due upon completion of your order. This payment will include the cost of
your spirit, warehousing for up to 10 years, insurance and all other detailed services. It further
includes the costs of repair to any Cask which is leaking and the replacement of any Spirit lost as a
result of that leakage, but does not include spirit loss due to natural evaporation.
7. Storage - Storage and insurance for the first 10 years are included in the initial purchase price.
Further storage and insurance can be purchased at a cost to be agreed. All Casks will be stored
under bond at Witchmark Distillery or elsewhere with regular inspections of the Cask for signs of
8. Angels’ Share - During maturation alcohol evaporates from the Cask and we anticipate this will be
at an average annual rate of up to 2%, apart from the first year where the normal loss is closer to 3-
4%. Losses in excess of these rates may occur.
9. Your Cask will be filled once completion of the build of the distillery has taken place and production
has begun. Your Cask will be filled on a date agreed by us and you.
10. With each cask purchase we will provide a cask ownership certificate.
11. Ownership - This offer is aimed at individuals, or small groups, who want to create their own
unique expression, to enjoy days out visiting Witchmark Distillery and their Cask and to experience
their own, unique spirit once it is bottled. Buying a cask with friends is affordable, results in a ‘more
manageable’ quantity of bottles at the far end and leaves you more money to buy further casks from
us. Buying two different casks and blending, is an option. However, we require a single point of
contact who will be the legal owner. Ownership is not transferable without prior permission from
Witchmark Distillery. Should your Cask become available for sale, Witchmark Distillery has first right
of refusal to purchase at a sale price agreed by us and you. Thereafter, ownership can be transferred
to another single, named individual.
12 Payment – This will be due in full when you place your order to purchase a Cask. Proof of payment
of Excise Duty and VAT will be required before we release your Cask from bond.
13. Excise Duty – This is the tax on the % of pure alcohol, payable to Her Majesty’s Customs and
Excise. This tax must be paid if the whisky is removed from bond. The Duty rate is subject to change
and various rates of Duty apply throughout the EU and the rest of the world. UK Duty is not payable if
the cask is sold back to the distillery ‘under bond’.
14. Bottling - We don’t currently offer a bottling service but this may change in the future.
15. Labelling – this will be carried out as part of the bottling process. The spirit may not be named
after Witchmark Distillery without our prior consent. The label must say that the whisky was produced
by The Wiltshire Distilling Company Limited.
16. Delivery - Bonded goods can be transferred to any location in the world, however, local Duty rates
will apply once it is removed from any final Bond.
17. Valued Added Tax - This is not included in the quoted purchase price per Cask. You will also be
charged VAT on the initial purchase price and Excise Duty when it leaves Bonded status. If the cask is
sold back to the distillery ‘under bond’, no Excise Duty or VAT will be due.
18. Duty/VAT Suspension - If your spirit is exported outside of the EU (or to a registered importer
within the EU) Duty and VAT can be suspended (but not avoided) subject to the exporter being
registered for both Duty and VAT. Both would be payable in the country of final destination. It is up to
the cask owner to find an importer and arrange this.
19. Change of Address - You must notify us immediately of any change to your address or contact
details. In the event that we are unable to contact you within 6 months of the expiry of 3 years from
the date when the Cask is filled, we reserve the right to sell the Cask spirit and to hold the proceeds

on your behalf (after deduction of sale costs and any other costs which we may have incurred from
warehousing the Cask for a period longer than 10 years). A reasonable yearly fee for holding your
monies in trust will be deducted from the amount we hold on your behalf.
20. Your Rights - Under this contract of sale, your rights may not be transferred or assigned to a third
party without our consent in writing. This contract of sale is governed by English Law and you and we
agree to and accept the exclusive jurisdiction of the English Courts in respect of any matters arising
from it.
21. To comply with the UK Warehouse Owners and Warehouse Goods Regulations (“WOWGR”) you
are required to confirm that you are a private individual purchasing the filled Cask for private
consumption or gifting and that the ultimate bottled English whisky produced from the Cask
purchased will not be sold or traded for profit. Your signing of the Order Form will be deemed by us to
be your confirmation of WOWGR compliance.
22. By purchasing a cask you are agreeing that you are of legal age to buy alcohol in your country.
Should you require further information please contact us.