1.  Introduction

These Terms & Conditions (the "Agreement") govern participation in the Flying Tumbler Cask Programme (the "Programme") operated by Mount Leinster Distillers Limited, trading as Flying Tumbler (Company No. 604660, Seed No. IEWK000050980), a company incorporated in Ireland with its registered office at Ballytarsna, Nurney, Co Carlow, Ireland, R93 FD43 ("Flying Tumbler", "we", "us", or "our").

By completing a purchase through the Programme - whether for a full cask or a share of a cask - you (the "Participant") acknowledge that you have read, understood, and agree to be bound by this Agreement. Please read it carefully before proceeding.

Flying Tumbler reserves the right to update these Terms & Conditions from time to time. Material changes will be communicated to Participants directly. Continued participation in the Programme constitutes acceptance of the then-current Terms.

2.  Definitions

In this Agreement, the following terms have the meanings set out below:

 

Cask	A barrel of Irish whiskey produced to the Participant's specification under the Programme, comprising either a full cask or a combination of Cask Shares that together constitute a complete cask.
Cask Certificate	A document issued by Flying Tumbler confirming the Participant's entitlement to their Cask or Cask Share, including spirit style, finishing cask, fill date, and cask reference.
Cask Share	A fractional entitlement to a single Cask, available in denominations of 1/16, 1/8, 1/4, or 1/2 of a full Cask.
Fill Date	The date on which a completed Cask is filled with new-make spirit at the Partner Distillery, as confirmed by Flying Tumbler.
Full Cask	A single, complete Cask allocated to and purchased entirely by one Participant.
Initial Cask	The 200-litre first-fill ex-bourbon barrel into which new-make spirit is first filled at the Partner Distillery.
Maturation Period	The agreed minimum number of years the spirit must remain in cask before bottling, as selected by the Participant at the time of purchase.
Partner Distillery	An Irish whiskey distillery with which Flying Tumbler has an agreement to produce Casks for the Programme.
Participant	An individual or entity that has purchased a Full Cask or a Cask Share under the Programme.
Service Fee	The amount paid by the Participant to Flying Tumbler for the bespoke production service, storage, bottling, and related Programme services.

 

3.  Nature of the Agreement

3.1  The Programme is a bespoke production and maturation service. Participation constitutes the commissioning of a whiskey production service - not the direct purchase of alcohol. Flying Tumbler does not sell alcohol to Participants. The final sale or transfer of finished bottled spirits, where applicable, is conducted through appropriately licensed entities in the Participant's jurisdiction.

3.2  Flying Tumbler acts as a service provider, coordinating the production, filling, and maturation of Casks on behalf of Participants through its relationships with Partner Distilleries and licensed bonded warehousing facilities.

3.3  Participants based in the United States of America should be aware that the distribution and sale of alcohol is regulated at both federal and state level, including through the three-tier system of producers, distributors, and retailers. Flying Tumbler does not represent or warrant that any specific delivery, import, or retail arrangement is available in any particular US state. US Participants must satisfy themselves as to the legality of any such arrangement in their state of residence prior to participation.

3.4  The Programme is available only to individuals aged 18 years or over (or the applicable minimum legal drinking age in the Participant's jurisdiction, if higher). By participating, you confirm that you meet this requirement.

4.  Payment

4.1  The Service Fee is payable in full at the time of purchase through the online checkout. Payment is processed by Stripe and is subject to Stripe's terms of service.

4.2  Payments may be made in a range of currencies as offered through the Programme calculator. Flying Tumbler will use commercially reasonable efforts to charge in the Participant's selected currency. Where a currency is not supported for direct settlement, the charge may be processed and settled in Euro.

4.3  The Service Fee covers: cask commissioning, production coordination, bottling (as described in Section 7), and bonded warehouse storage for the agreed Maturation Period. Participants will be informed if any element is billed separately.

4.4  Amounts are stated exclusive of VAT, excise duty, and any taxes or duties payable in the Participant's jurisdiction unless otherwise stated. Participants are responsible for all such costs.

4.5  Payment constitutes a binding commitment to the Programme. Subject to the refund provisions in Section 9, all sales are final.

5.  Cask Allocation and Filling

5.1  Full Cask Participants. Where a Participant purchases a Full Cask, their purchase alone constitutes a complete Cask. Flying Tumbler will proceed with filling arrangements at the relevant Partner Distillery once all administrative and production arrangements are in place.

5.2  Cask Share Participants. Where a Participant purchases a Cask Share, their share is allocated to a Cask that is filled incrementally as shares are sold. A Cask moves forward for filling once sufficient shares have been sold to constitute a full Cask.

5.3  Flying Tumbler will endeavour to fill each Cask within a reasonable timeframe from purchase and will notify Participants in advance of the planned Fill Date. Flying Tumbler does not guarantee a specific Fill Date at the time of purchase, and timelines may change due to production scheduling, distillery capacity, or other operational factors.

5.4  Each Cask will be filled with new-make spirit at approximately 63.5% ABV for malt or pot still spirit, or approximately 68.5% ABV for grain spirit. All spirit is filled initially into the Initial Cask (200-litre first-fill ex-bourbon barrel) and stored under bond.

5.5  The Participant's finishing cask selection must be confirmed to Flying Tumbler at or shortly after the time of purchase. Once confirmed, the finishing cask selection is fixed and no changes will be permitted. Flying Tumbler will disgorge and re-vat the spirit from the Initial Cask into the selected finishing cask at the appropriate point in the maturation process.

5.6  The Participant's selected whiskey specification (spirit style, whisky region, and maturation period) will be applied to their Cask or Cask Share as closely as is reasonably practicable, subject to availability at the Partner Distillery.

5.7  Flying Tumbler reserves the right to substitute a comparable Partner Distillery or comparable cask specification if the original selection is unavailable. In such circumstances, the Participant will be notified and given the option to accept the substitution or request a refund in accordance with Section 9.

6.  Warehousing and Storage

6.1  Following the Fill Date, the Cask will be stored in a licensed bonded warehouse facility for the duration of the agreed Maturation Period. Casks will remain under bond for a minimum of the agreed Maturation Period unless otherwise agreed in writing.

6.2  Where warehousing fees are not included in the initial Service Fee, they will be billed as an annual subscription from the Fill Date. Flying Tumbler will confirm the Fill Date and activate any applicable warehousing subscription at that point.

6.3  Annual warehousing fees, where applicable, are payable in advance. Failure to pay within 30 days of the due date may result in Flying Tumbler taking steps to recover its costs, which may include the Participant forfeiting their entitlement to their Cask or Cask Share.

6.4  Casks are insured against fire, theft, and spoilage during the storage period.

6.5  The Participant acknowledges that some evaporation of spirit occurs naturally through the oak during maturation (the "Angel's Share"). An allowance for this volume loss has been applied in Flying Tumbler's pricing calculations. The Participant accepts and agrees that no claim shall be made against Flying Tumbler for any loss of volume or value in the whiskey arising from the Angel's Share.

6.6  The physical wooden cask (barrel) remains the property of Flying Tumbler at all times. The Participant's interest is in the spirit contained within the Cask, not in the wooden vessel itself.

6.7  Title to the Participant's spirit is evidenced by the Cask Certificate issued by Flying Tumbler following confirmation of purchase.

7.  Bottling and Delivery

7.1  At the end of the agreed Maturation Period, Flying Tumbler will organise the bottling of the Cask or Cask Share. The timing of bottling is at Flying Tumbler's reasonable discretion, typically between year 5 and year 6 from the Fill Date. Casks will not ordinarily be warehoused beyond this period except in exceptional circumstances agreed in writing.

7.2  The cost of bottling is included in the initial Service Fee. Bottled product will be presented in Flying Tumbler's bespoke limited-edition format, co-labelled with the Participant's name alongside Flying Tumbler's branding, together with details of the blend, fill date, cask profile, and bottling date. Additional custom label or packaging requirements may be subject to additional charges.

7.3  Costs not included in the Service Fee include: Irish VAT (at the rate applicable at the time of bottling), Irish excise duty (calculated by reference to the number of litres of pure alcohol at bottling multiplied by the current applicable excise rate), shipping costs, and any applicable import taxes or duties in the Participant's jurisdiction. All such amounts must be discharged before bottles are released from bond.

7.4  Delivery of bottled product is subject to applicable alcohol import and distribution laws in the Participant's jurisdiction. Flying Tumbler will use commercially reasonable efforts to assist with delivery logistics but accepts no liability for delivery failures arising from regulatory restrictions.

7.5  Participants in jurisdictions where direct-to-consumer alcohol delivery is not permitted must make their own arrangements through appropriately licensed importers, distributors, or retailers. Flying Tumbler will provide reasonable assistance in identifying potential partners where available.

8.  Transfers

8.1  A Participant's interest in a Cask or Cask Share is personal to the Participant and may not be sold, assigned, or transferred to any third party without the prior written approval of Flying Tumbler.

8.2  A Participant who wishes to transfer, sell, or otherwise dispose of their interest must give Flying Tumbler a minimum of six months' written notice. Flying Tumbler may enter into discussions regarding such arrangements at its discretion.

8.3  To request a transfer, the Participant must:

•       Notify Flying Tumbler in writing at casks@flyingtumbler.com, identifying the proposed new buyer;

•       Provide Flying Tumbler with such information regarding the proposed new buyer as Flying Tumbler may reasonably require, including confirmation that the new buyer meets the age eligibility requirement in Section 3.4.

 

8.4  If approved, Flying Tumbler will update its Cask Register to reflect the new buyer and will issue a fresh Cask Certificate to the incoming Participant. The incoming Participant must agree to the then-current Terms & Conditions before the transfer takes effect. The original Participant remains liable for all outstanding fees up to the date of transfer.

8.5  Flying Tumbler reserves the right to decline a transfer request without giving reasons, and may charge a reasonable administrative fee for processing a transfer.

8.6  Flying Tumbler does not operate a secondary market for Cask interests. Any purported sale or transfer made without Flying Tumbler's prior written approval shall be of no effect.

9.  Refunds

9.1  All purchases under the Programme are non-refundable except as set out in this Section 9.

9.2  A refund will be issued by Flying Tumbler in the following circumstances:

1.    Flying Tumbler is unable to fulfil the Participant's order due to production constraints, distillery closure, or other material operational failure on Flying Tumbler's part;

2.    Sufficient shares are not sold within a reasonable period to complete a Cask allocation for a Cask Share Participant, and Flying Tumbler determines that the Cask cannot proceed to filling;

3.    Flying Tumbler is unable to identify a suitable substitute distillery or specification acceptable to the Participant under Section 5.7.

 

9.3  Where a refund is due under Section 9.2, Flying Tumbler will refund the full Service Fee paid, less a reasonable administration fee to cover transaction processing costs and administrative work already incurred (the "Admin Fee"). The Admin Fee will not exceed 5% of the original Service Fee and will be communicated to the Participant at the time the refund is confirmed.

9.4  Refunds will be processed to the original payment method within 14 business days of Flying Tumbler confirming the refund is due.

9.5  Flying Tumbler is not liable for any loss or damage arising from currency fluctuations between the date of original payment and the date of refund.

10.  Cancellation

10.1  Participants may not cancel their participation in the Programme once payment has been made, except as provided in Section 9.

10.2  The Programme constitutes a bespoke production service. Production arrangements commence upon confirmation of purchase. To the extent permitted by applicable law, any statutory cooling-off rights that might otherwise apply to distance contracts do not apply to this Agreement on that basis.

10.3  If a Participant no longer wishes to continue in the Programme and no refund is available under Section 9, the Participant may seek to transfer their interest to a third party in accordance with Section 8.

11.  Liability

11.1  Flying Tumbler's total liability to any Participant under or in connection with this Agreement shall not exceed the total Service Fee paid by that Participant.

11.2  Flying Tumbler shall not be liable for any indirect, consequential, special, or punitive loss or damage, including loss of profit, loss of anticipated enjoyment, or loss of anticipated savings.

11.3  Nothing in this Agreement limits or excludes Flying Tumbler's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be excluded.

11.4  Flying Tumbler shall not be in breach of this Agreement or liable for any failure or delay in performance resulting from causes outside its reasonable control, including acts of God, pandemic, government action, distillery closure, or supply chain disruption.

12.  Intellectual Property

12.1  All intellectual property rights in the Flying Tumbler brand, name, logo, and Programme materials remain the sole property of Mount Leinster Distillers Limited.

12.2  Participants may describe themselves publicly as the owner of a Flying Tumbler Cask for personal and non-commercial purposes, provided such descriptions are accurate and not misleading.

13.  Data Protection

13.1  Flying Tumbler processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR) as applicable in Ireland.

13.2  Personal data collected in connection with the Programme (including name, contact details, and payment information) will be used to administer the Programme, process payments, and communicate with Participants regarding their Cask or Cask Share. Flying Tumbler will not sell Participant personal data to unaffiliated third parties.

13.3  Participants have the right to access, correct, and request deletion of their personal data, subject to Flying Tumbler's legal obligations. Data protection queries should be directed to: casks@flyingtumbler.com.

14.  Governing Law and Disputes

14.1  This Agreement is governed by and construed in accordance with the laws of the Republic of Ireland.

14.2  Any dispute arising out of or in connection with this Agreement shall first be referred to Flying Tumbler's management for resolution. If a dispute cannot be resolved amicably within 30 days, either party may refer the matter to the courts of Ireland, which shall have exclusive jurisdiction.

14.3  Nothing in this clause prevents either party from seeking emergency injunctive or other equitable relief in any appropriate jurisdiction.

15.  General

15.1  Entire Agreement. This Agreement constitutes the entire agreement between the Participant and Flying Tumbler in relation to the Programme and supersedes all prior representations, discussions, or agreements.

15.2  Severability. If any provision of this Agreement is found to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid. The remaining provisions shall continue in full force.

15.3  Waiver. No failure or delay by Flying Tumbler in exercising any right under this Agreement shall constitute a waiver of that right.

15.4  Notices. Notices to Flying Tumbler should be sent to casks@flyingtumbler.com. Notices to the Participant will be sent to the email address provided at the time of purchase.

15.5  Variation. Flying Tumbler may update these Terms & Conditions from time to time. The version applicable to a Participant's purchase is the version in force at the date of that purchase, except where a change is required by law.