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, a share of a cask, or a gift purchase — 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:
| Term | Meaning |
|---|
| 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 (Community) | A fractional entitlement to a single shared Cask, sold in twentieths (1/20), minimum two-twentieths (2/20). All shares in a Community Cask take the same single finish and are bottled together (Route 3). |
| Mini-Cask (Hybrid) | A Participant's own small cask of 30, 60, 100 or 120 litres, drawn as a fixed fraction (3/20, 6/20, 10/20 or 12/20 respectively) from a shared base Cask and finished privately in the Participant's own finishing cask (Route 2). |
| Annual Care Fee | The recurring annual warehousing, insurance and maturation-care fee payable to Flying Tumbler for the duration of the Maturation Period, as defined in clauses 4 and 6. |
| Route | One of the three ways to participate — Full (Route 1), Hybrid (Route 2) or Community (Route 3) — as selected by the Participant at the time of purchase. |
| 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
3.1The 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.
3.2Flying 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. Flying Tumbler remains the legal owner of every Cask and of the spirit it contains while in bond; the Participant's right is a contractual entitlement to receive bottled product on maturity, in accordance with this Agreement.
3.3The Programme is not a financial investment, a security, a collective investment scheme, or a contract for difference. No return is promised or implied. Bottle counts, ABV outturns, and timelines are best-endeavours estimates only and may vary with production, maturation, and regulatory factors.
3.4Participants 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. Please also refer to the Additional Terms for US Participants at the end of this document.
3.5The 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 — 21 years for US Participants). By participating, you confirm that you meet this requirement.
3.6Participation routes. The Programme is offered through three Routes, and the Participant's entitlements vary by the Route selected: Route 1 — Full (a whole dedicated 200-litre Cask, free specification, named by the Participant); Route 2 — Hybrid (a Mini-Cask of 30 to 120 litres drawn from a shared base Cask of a chosen spirit and age, finished privately to the Participant's own finishing-cask and ABV choice, named by the Participant); and Route 3 — Community (a 1/20 share of a shared Cask of fixed spirit, age and finish, bottled together with other shareholders, not individually named). The Route and specification selected at purchase are recorded on the Cask Certificate.
4. Payment
4.1The Programme cost, as calculated and presented in the Programme calculator at the time of purchase, is payable in three parts: (a) an up-front payment, payable in full at the time of purchase through the online checkout (processed by Stripe), covering spirit sourcing, the ex-bourbon Initial Cask, the finishing cask, pallet and logistics, and Flying Tumbler's production service; (b) an Annual Care Fee, a recurring annual fee payable to Flying Tumbler for the duration of the Maturation Period (see clause 6), collected by direct-debit mandate as set out in clause 4.3; and (c) a bottling payment, payable at bottling (see clause 7), covering bottling, dry goods, the bottling and admin fee, Irish excise and VAT or, for US Participants, the applicable US import and three-tier costs, calculated as a good-faith estimate at purchase and confirmed at bottling.
4.2Prices may be displayed and charged in a range of currencies offered through the Programme calculator. Non-Euro prices are converted at a rate set by Flying Tumbler (not a live market rate); the charge currency and amount are confirmed at checkout. Where a currency is not supported for direct settlement, the charge may be processed and settled in Euro.
4.3Direct-debit mandate for the Annual Care Fee. By completing a purchase the Participant authorises a recurring direct-debit mandate (SEPA in Ireland and the EU, Bacs in the United Kingdom, or card/ACH in the United States) for the Annual Care Fee, billed annually from the Fill Date for the duration of the Maturation Period. If a Care Fee payment fails or is declined, Flying Tumbler will notify the Participant and allow a remedy period of no less than fourteen (14) days; Flying Tumbler may suspend Programme services and withhold bottling or release from bond until any arrears are cleared. The Participant may cancel or replace the mandate by written notice, subject to the arrears and remedies provisions of this Agreement.
4.4Right to amend the Annual Care Fee. Flying Tumbler reserves the right to amend the Annual Care Fee from time to time to reflect changes in its warehousing, insurance, handling, compliance or other reasonable costs of holding and caring for the spirit. Flying Tumbler will give the Participant no less than sixty (60) days’ written notice of any change before it takes effect, and any change will apply only to Care Fee periods beginning after that notice period. Where a change increases the Annual Care Fee by more than fifteen per cent (15%) in any single year, the Participant may, within thirty (30) days of the notice, elect instead to (a) bring forward bottling in accordance with clause 7 (subject to the spirit having reached a saleable maturity), or (b) transfer their interest under clause 8, in each case without further Care Fees accruing beyond the notice period. The up-front payment and bottling payment are not affected by this clause.
4.5Where the Participant uses a “reserve” option that does not take payment (for example, to arrange a call), no binding production contract is formed and nothing is reserved or allocated until the up-front payment is made and the direct-debit mandate completed. Pricing, specification availability and Cask availability may change until that point.
4.6Once the up-front payment is made, payment constitutes a binding commitment to the Programme. Subject to the refund provisions in Section 9, all sales are final. US Participants should also refer to the Additional Terms for US Participants for how the bottling payment is allocated and held.
5. Cask Allocation and Filling
5.1Full 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.
5.2Cask 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.
5.3Flying 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.
5.4Each Cask will be filled with new-make spirit at approximately 63.5% ABV for malt or pot still spirit, or approximately 68% ABV for grain spirit. All spirit is filled initially into the Initial Cask (200-litre first-fill ex-bourbon barrel) and stored under bond. The default Maturation Period is five (5) years. Maturation Periods of eight (8) or ten (10) years are also offered as alternative options under the main Cask Programme and may be selected at the time of purchase. Any Maturation Period other than five (5), eight (8), or ten (10) years must be agreed in writing. For the majority of the Maturation Period the spirit rests in the Initial Cask; it is transferred into the Participant’s selected finishing cask for approximately the final twelve (12) months of the Maturation Period. The precise timing of the finishing-cask transfer is determined by Flying Tumbler in its reasonable discretion to optimise the character of the finished whiskey.
5.5The 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.
5.6The Participant's selected whiskey specification (spirit style 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. In exceptional circumstances where the selected specification is unavailable, Flying Tumbler may source spirit of comparable character. The Participant will be notified and given the option to accept or receive a full refund.
5.7Flying 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.
5.8Cohort allocation. For Community Cask Shares, shares are pooled with other Participants who have selected the same combination of spirit style, age and finishing cask (a “Cohort”), and a Community Cask proceeds to filling once enough shares are sold to constitute a full Cask at that specification. For Hybrid Mini-Casks, base Casks are pooled by spirit style and age only, with the finish applied individually per Mini-Cask. If a Cohort does not reach the minimum allocation to fill a Cask within a reasonable commercial period, Flying Tumbler may reallocate the Participant to the closest available Cohort, with notice and the option to accept or take a refund under Section 9. Where Flying Tumbler can reasonably honour the Participant’s original selection within the agreed Maturation Period, it will do so.
5.9Hybrid Mini-Casks. A Hybrid Participant purchases a fixed fraction of a shared base Cask’s new-make spirit at the time of purchase (three, six, ten or twelve twentieths for a 30, 60, 100 or 120-litre Mini-Cask respectively). The Participant bears the Angel’s Share (clause 6.5) on that fraction pro-rata, as a Full Cask owner would. At the finishing stage Flying Tumbler draws the Participant’s matured fraction into the Participant’s own finishing cask, in the finish and bottling ABV chosen by the Participant, bottled under the Participant’s name. A Mini-Cask may rest slightly below its nominal capacity at longer maturities owing to evaporation, without any claim. Spirit in a base Cask not taken up as Mini-Casks remains the property and stock of Flying Tumbler.
6. Warehousing and Storage
6.1Following 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. Flying Tumbler's principal bonded maturation facility is at Larch Grove, Nurney, Co. Carlow, Ireland.
6.2Bonded warehousing, insurance and maturation care for the agreed Maturation Period are funded by the recurring Annual Care Fee (clauses 4.1(b) and 4.3), billed annually from the Fill Date. The Annual Care Fee is separate from, and additional to, the up-front payment.
6.3The Annual Care Fee is invoiced and collected annually by direct debit. Should the Participant request storage beyond the agreed Maturation Period, any additional storage will be agreed and charged separately in writing. Non-payment of the Annual Care Fee is dealt with under clause 4.3 (notice, remedy period, suspension of services, and withholding of bottling or release until arrears are cleared).
6.4Flying Tumbler insures all spirit held in its bonded warehouse facilities against fire, theft, and spoilage for the duration of the Maturation Period. Flying Tumbler is the insured party under all such policies. The Participant's interest is not separately insured and the Participant is not named on any policy.
6.5The 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 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.
6.6The 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.
6.7For the purposes of Irish Revenue regulations and bonded warehouse licensing, Flying Tumbler is the warehouse keeper and holds legal ownership of all spirit stored at its facilities throughout the Maturation Period. The Participant holds no possessory or proprietary interest in the spirit while it remains in bond. The Participant's right is a personal contractual entitlement to receive a specified quantity of bottled whiskey upon maturation, as evidenced by the Cask Certificate issued following confirmation of purchase.
6.8Legal title in the bottled product passes to the Participant at the point of release from bond and confirmed delivery to the Participant or their appointed agent. Prior to that point, all risk and legal ownership of the spirit remains with Flying Tumbler.
6.9During the early stages of maturation, spirit may be held in bonded warehouse facilities operated by or associated with the relevant Partner Distillery, in accordance with standard Irish whiskey industry practice. Flying Tumbler will arrange for the transfer of Casks to its own bonded maturation facility at Larch Grove, Nurney, Co. Carlow in due course. There may therefore be periods during the Programme where a Participant's spirit is stored at a location other than Larch Grove. Flying Tumbler's obligations to the Participant under this Agreement apply in full regardless of the location of the spirit at any given time, and all Casks remain covered by Flying Tumbler's insurance and warehousing obligations throughout.
7. Bottling and Delivery
7.1At 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.
7.2The cost of bottling is included in the Participant's single Programme payment and is held by Flying Tumbler as a ring-fenced prepayment until bottling, at which point Flying Tumbler applies it to bottling, packaging, Irish excise duty and onward logistics. Flying Tumbler will provide a full itemised cost statement at bottling. The amounts collected for bottling, shipping and import are good-faith estimates calculated at the time of purchase; where the actual confirmed costs at bottling differ materially from the amount held, Flying Tumbler will reconcile the difference with the Participant — refunding any surplus, or notifying the Participant of any shortfall to be settled before release from bond. 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.
7.3Irish VAT, Irish excise duty, shipping, and any applicable import taxes or duties in the Participant's jurisdiction are included in, and prepaid through, the Participant's single Programme payment as good-faith estimates calculated at the time of purchase; save for any reconciliation of material cost changes under clause 7.2, no separate invoice for these amounts is issued at bottling. The final retail sale and delivery of bottled product to the Participant is completed directly with a licensed retailer in the Participant's jurisdiction, funded by the Retail Fulfilment amount returned under clause 4.3(c), and any state or local sales taxes on that sale are applied by the licensed retailer.
7.4Delivery 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.
7.5Participants 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
8.1A 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.
8.2A 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.
8.3To request a transfer, the Participant must:
- Notify Flying Tumbler in writing at casks@flyingtumbler.com, identifying the proposed new buyer; and
- 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 3.5.
8.4If 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.
8.5Flying Tumbler reserves the right to decline a transfer request without giving reasons, and may charge a reasonable administrative fee for processing a transfer.
8.6Flying 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
9.1All purchases under the Programme are non-refundable except as set out in this Section 9.
9.2A refund will be issued by Flying Tumbler in the following circumstances:
- 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;
- 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; or
- Flying Tumbler is unable to identify a suitable substitute distillery or specification acceptable to the Participant under Section 5.7.
9.3Where 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.
9.4Refunds will be processed to the original payment method within 14 business days of Flying Tumbler confirming the refund is due.
9.5Flying 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
10.1Participants may not cancel their participation in the Programme once payment has been made, except as provided in Section 9.
10.2The 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.
10.3If 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
11.1Flying 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.
11.2Flying 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.
11.3Nothing 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.
11.4Flying 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
12.1All intellectual property rights in the Flying Tumbler brand, name, logo, and Programme materials remain the sole property of Mount Leinster Distillers Limited.
12.2Participants 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
13.1Flying Tumbler processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR) as applicable in Ireland.
13.2Personal 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.
13.3Participants 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
14.1This Agreement is governed by and construed in accordance with the laws of the Republic of Ireland.
14.2Any 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.
14.3Nothing in this clause prevents either party from seeking emergency injunctive or other equitable relief in any appropriate jurisdiction.
15. General
15.1Entire 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.
15.2Severability. 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.
15.3Waiver. No failure or delay by Flying Tumbler in exercising any right under this Agreement shall constitute a waiver of that right.
15.4Notices. 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.
15.5Variation. 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.
Addendum — Gift Programme
Additional Terms — Flying Tumbler Gift Programme
These additional terms apply where a purchase is made through the Flying Tumbler Gift Programme (the "Gift Programme") and form part of the Agreement. In the event of any conflict with the general terms above, these additional terms shall prevail.
GP1.Nature of the Gift Programme. The Gift Programme allows a purchaser (the "Gift Buyer") to purchase a cask share on behalf of a named recipient (the "Gift Recipient"). Each gift purchase includes two elements: (a) a complimentary 700ml bottle of Flying Tumbler Irish Whiskey (current SKU) shipped to the Gift Recipient through Flying Tumbler's licensed US retail partner; and (b) a cask share in the Flying Tumbler Cask Programme, redeemable by the Gift Recipient at activation under Route A (Slow Pour), Route B (Quick Pour), or Route C (Whole Hog), as set out below.
GP2.Tier menu and pricing. The Gift Programme is offered in four tiers, each priced on uniform per-bottle economics. The upfront price paid at checkout is fixed at the time of purchase. A second and final fee — payable in 2031 at bottling for Gift Recipients who elect Route A — is fixed at
US$30 per bottle at 43% ABV. This per-bottle final fee is locked at the time of purchase and is not subject to change.
| Tier | Bottles @ 43% | Upfront | Final fee in 2031 (Route A) | Total (Route A) |
|---|
| The Trio | 3 | US$175 | US$90 ($30/btl) | US$265 |
| The Half-Dozen | 6 | US$300 | US$180 | US$480 |
| The Crate | 9 | US$450 | US$270 | US$720 |
| The Full Dozen | 12 | US$600 | US$360 | US$960 |
GP3.Final fee scales with chosen ABV. Where the Gift Recipient elects Route A and selects a higher bottling ABV (50% or cask strength), the cask yields fewer finished bottles. The final fee in 2031 is calculated as US$30 multiplied by the actual bottle count at the chosen ABV — so a smaller bottle count produces a proportionally smaller final fee. The per-bottle rate is locked; only the bottle count varies with ABV.
GP4.Complimentary bottle. Each gift purchase includes one complimentary 700ml bottle of Flying Tumbler current-release Irish whiskey, provided to the Gift Recipient as an inducement to participate in the Gift Programme. The complimentary bottle is shipped to the Gift Recipient through Flying Tumbler's licensed US retail partner (via Flying Tumbler's licensed US importer of record) under the three-tier system described in the US Addendum. The complimentary bottle is subject to applicable state alcohol promotion rules. Where state law restricts complimentary alcohol promotions or restricts alcohol delivery to the Gift Recipient's state of residence, Flying Tumbler reserves the right to substitute an equivalent gift voucher or credit of comparable value, or to omit the complimentary bottle where neither option is lawful. The complimentary bottle is not a discount on, or reduction of, the Service Fee.
GP5.Gift activation — choice of routes. The Gift Recipient must activate their gift via the Flying Tumbler gift activation portal. At activation, the Gift Recipient may elect Route A (Slow Pour) — the default cask programme — or, if eligible, Route B (Quick Pour), a redemption right described in GP7 below, or Route C (Whole Hog), an upgrade right described in GP7A below. The election must be made within twelve (12) months of the gift activation date. If no election is made within that window, the Gift Recipient is automatically allocated to Route A.
GP6.Route A — Slow Pour (default). Under Route A, the Gift Recipient designs their cask specification (spirit style, finishing cask, and bottling ABV); the cask matures for five (5) years at Flying Tumbler's bonded warehouse at Larch Grove, Nurney, Co. Carlow, Ireland; and bespoke bottles are delivered to the Gift Recipient in 2031. Route A is subject to the main body of this Agreement and to the Additional Terms for US Participants. The final fee described in GP2 and GP3 is billed by Flying Tumbler and remitted at bottling. Bottles are fulfilled through the US three-tier system via Flying Tumbler's licensed US importer of record and a licensed US retail partner, in accordance with the three-stage payment structure set out in US2.
GP7.Route B — Quick Pour (redemption right). In lieu of the cask programme, the Gift Recipient may, within twelve (12) months of gift activation, elect to receive a smaller quantity of Flying Tumbler current-release whiskey, shipped direct from Ireland to the Gift Recipient, typically dispatched within two (2) to three (3) weeks of election (subject to carrier capacity, US Customs clearance, and applicable state restrictions; this is a target timeframe and not a guaranteed delivery date). Route B carries
no future cost: no final fee is payable. Route B bottle counts are fixed per tier as follows:
| Tier | Route B — bottles shipped from Ireland |
|---|
| The Trio | 1 bottle |
| The Half-Dozen | 2 bottles |
| The Crate | 3 bottles |
| The Full Dozen | 4 bottles |
Route B fulfilment is conducted as a personal import from Ireland to the Gift Recipient. The Gift Recipient is the importer of record for the purposes of any applicable US customs, excise, or alcohol import regulations, and is responsible for any applicable US federal, state, or local import duties, taxes, or charges. Route B is final once elected and cannot be reversed.
GP7A.Route C — Whole Hog (upgrade). In lieu of Route A or Route B, the Gift Recipient may, within twelve (12) months of gift activation, elect to apply the upfront price paid by the Gift Buyer as a credit toward the purchase of a Quarter Cask, Half Cask, or Full Cask under the main Flying Tumbler Cask Programme (a "Route C — Whole Hog Upgrade"). A Route C election creates a new Cask Programme contract between Flying Tumbler and the Gift Recipient on the terms of the main Agreement, with the gift credit applied against the upfront price of the chosen cask size. Any balance due above the gift credit is payable by the Gift Recipient at the time of election. Route C is subject to (i) the main body of this Agreement, including without limitation clauses on cask ownership, maturation, bottling, the three-tier system, and the Additional Terms for US Participants, and (ii) confirmation by Flying Tumbler of cask availability for the Gift Recipient’s chosen spirit style and finishing cask. Route C bottle counts depend on the cask size, spirit style, finishing cask, and bottling ABV elected by the Gift Recipient under the main Cask Programme, and are not fixed by reference to the Gift Programme tier. The complimentary 700ml bottle of Flying Tumbler Irish Whiskey supplied at purchase under the Gift Programme is unaffected by a Route C election. Where the Gift Recipient elects Route C, Flying Tumbler will provide periodic maturation samples drawn from the Cask during the agreed Maturation Period, on a schedule determined by Flying Tumbler in its reasonable discretion. Sample dispatch is subject to applicable alcohol shipping rules in the Gift Recipient's jurisdiction. Route C is final once a Cask Programme contract has been executed between Flying Tumbler and the Gift Recipient.
GP8.Route B — state eligibility. Route B involves a direct personal import from Ireland and is not available to Gift Recipients resident in Texas (TX), Utah (UT), Kentucky (KY), Mississippi (MS), or Pennsylvania (PA). Gift Recipients in these states must elect Route A. The activation portal will validate the Gift Recipient's state of residence at the time of election. Flying Tumbler may update this list of restricted states from time to time to reflect changes in state law or in carrier policy; the applicable list is that in force at the time of election.
GP9.Route B — customs and seizure risk. The Gift Recipient acknowledges that direct personal imports of distilled spirits into the United States are subject to inspection, delay, additional duty assessment, and, in some cases, seizure or return by US Customs and Border Protection or by state alcohol authorities. Flying Tumbler accepts no liability and offers no refund, credit, replacement, or compensation for any loss, delay, seizure, return, non-delivery, or state-level restriction arising in connection with a Route B shipment. By electing Route B, the Gift Recipient assumes this risk in full.
GP10.Delivery addresses. The delivery address for the complimentary bottle (and, where applicable, for any Route B shipment) must be provided at the time of checkout or upon activation. Flying Tumbler will not be held responsible for non-delivery resulting from an incorrect or incomplete address. Re-dispatch due to address error may be subject to an additional shipping charge.
GP11.Refunds — Gift Programme. Subject to clause 9 of the main Agreement, the Gift Programme purchase price is non-refundable once the complimentary bottle has been dispatched, once Route B has been elected, or once a Route C Cask Programme contract has been executed, whichever is earliest. Where a refund is requested before dispatch or election, Flying Tumbler will consider the request at its discretion, having regard to the circumstances.
Addendum — United States
Additional Terms for US Participants
These additional terms apply to Participants based in the United States of America and form part of the Agreement. In the event of any conflict between these additional terms and the general terms above, these additional terms shall prevail for US Participants.
US1.Nature of the arrangement — three-tier system. Flying Tumbler is not a licensed US alcohol retailer, importer, or distributor. The Programme is structured as a bespoke production and maturation service, and no alcohol is sold directly by Flying Tumbler to US Participants. Delivery of finished bottled product into the United States under Route A is conducted through appropriately licensed entities operating within the applicable state and federal regulatory framework (the "three-tier system"): Flying Tumbler's licensed US importer of record, a licensed distributor, and a licensed US retail partner.
US2.Payment structure. US Participants who purchase a cask or cask share through the main Programme calculator pay a
single up-front amount, allocated and held as set out in clauses 4.1 to 4.3: the Reservation & Cask Maturation amount is applied to Flying Tumbler; the Bottling, Shipping & Import amount is held by Flying Tumbler as a ring-fenced prepayment until bottling; and the Retail Fulfilment amount is held as a separate ring-fenced prepayment and returned to the Participant at bottling so the Participant completes the final retail purchase directly with a licensed US retailer. Flying Tumbler does not sell or remit payment for the finished alcohol on the Participant's behalf; the final retail sale is a direct transaction between the Participant and a licensed US retailer. Clauses 4.1 to 4.3 take precedence for such Participants. Gift Programme Route A Recipients who do not elect Route B remain subject to the staged structure below:
- Stage 1 — Reservation (payable to Flying Tumbler at time of purchase): The Service Fee paid to Flying Tumbler at checkout covers cask commissioning, production coordination, bonded warehouse maturation, and bottling coordination. This constitutes payment for the bespoke production service, not for the purchase of alcohol.
- Stage 2 — Bottling & US Shipping (payable to Flying Tumbler at bottling in 2031): When the Cask reaches maturity and bottling is confirmed, a second payment will be due to Flying Tumbler covering bottling, Irish excise duty, packaging, cargo insurance, freight to the United States, in-bond US warehousing and handling, and TTB label approval (COLA). For Gift Programme Route A Recipients, this Stage 2 payment is fixed at the locked per-bottle rate set out in clauses GP2 and GP3. Flying Tumbler will provide a full itemised cost breakdown well in advance of bottling.
- Stage 3 — Retail Fulfilment (payable to the licensed retailer at delivery): A third and final payment is due to Flying Tumbler's licensed US retail partner at the point of delivery. This covers the retail programme administration fee, consumer delivery from the retailer's warehouse to the Participant's address, and any applicable state and local sales taxes. This payment is made directly to the licensed retailer — not to Flying Tumbler — and is not due until the Participant's bottles are ready to ship. See also US9.
US3.State-by-state restrictions — Route A. All delivery of bottled product to US consumers under Route A is carried out exclusively by Flying Tumbler's licensed US retail partner(s), operating within the three-tier system. Flying Tumbler does not ship, deliver, or fulfil orders directly to US consumers at any stage under Route A. Delivery is subject to applicable state alcohol shipping laws and the permitted shipping footprint of the licensed retail partner at the time of bottling. Based on current arrangements, the licensed US retail partner is unable to ship to residents of the following states: Alaska, Hawaii, Michigan, Mississippi, Tennessee, and Utah. Participants resident in these states should not purchase through this Programme at this time. Flying Tumbler will use reasonable endeavours to work with retail partners that can expand state coverage over time, and will update this list accordingly. The applicable state list is that in force at the time of bottling, not at the time of purchase. Participants in states not listed above are encouraged to confirm delivery availability with Flying Tumbler before purchasing if in any doubt.
US4.State-by-state restrictions — Route B (Gift Programme). Route B (Quick Pour), where elected by a Gift Recipient under clause GP7, involves a direct personal import from Ireland and is fulfilled outside the three-tier system. Route B is not available in Texas (TX), Utah (UT), Kentucky (KY), Mississippi (MS), or Pennsylvania (PA). Gift Recipients resident in these states must elect Route A. Direct personal imports of alcohol from outside the United States are subject to federal customs control and, in some jurisdictions, additional state restrictions. Flying Tumbler offers no refund, replacement, or compensation for shipments delayed, seized, returned, or restricted by US Customs and Border Protection, state alcohol authorities, or carrier policy. Please see clause GP9 of the Gift Programme Addendum for further detail.
US5.Licensed retailer / importer. Flying Tumbler works with licensed US importers and retailers to facilitate Route A delivery. The identity of the specific licensed retailer or importer used for a Participant's order may not be confirmed until closer to the time of bottling. Flying Tumbler will keep US Participants informed as these arrangements are finalised.
US6.Governing law. Notwithstanding section 14, US Participants acknowledge that state and federal laws applicable in their jurisdiction may also apply to this transaction. Nothing in this Agreement limits any rights a US Participant may have under applicable consumer protection legislation.
US7.Craft Beverage Modernization Act (CBMA) — federal excise tax. Flying Tumbler will use all reasonable endeavours to maintain its registration as a foreign producer under the US Craft Beverage Modernization Act (CBMA) and to assign its annual CBMA allocation to its designated US importer of record. Where a valid CBMA assignment is in place at the time of import, the applicable federal excise tax rate on distilled spirits may be reduced from the standard rate (currently US$13.50 per proof gallon) to the CBMA Tier 1 rate (currently US$2.70 per proof gallon) on the first 100,000 proof gallons imported per calendar year. This reduction, where achieved, will be reflected in the Stage 2 cost breakdown provided to the Participant in advance of bottling. Flying Tumbler does not guarantee that a CBMA assignment will be in place at the time of any specific Participant's bottling. The CBMA is subject to annual renewal and applicable TTB requirements, and the excise duty estimates shown in the cask calculator are based on the standard rate. Any CBMA savings will be passed through to the Participant in the final Stage 2 invoice.
US8.Importer of record. Flying Tumbler appoints a licensed US importer of record holding a TTB Federal Basic Permit, responsible for US federal and state compliance, TTB reporting, label approval (COLA), and in-bond warehousing and fulfilment at the point of bottling. Flying Tumbler may appoint or replace its licensed US importer of record from time to time; the identity of the appointed importer will be confirmed to Participants in advance of bottling, and any such change will not affect the commercial terms agreed at the time of purchase.
US9.Tariffs and trade measures. The import of distilled spirits into the United States is subject to federal tariff rates, which may be modified by executive order, legislation, or international trade agreement at any time and without notice. Any applicable tariffs in force at the time of importation will be passed through to the Participant as part of the Stage 2 cost breakdown. For Gift Programme Route A Recipients, the locked per-bottle final fee set out in clause GP2 includes Flying Tumbler's then-current best estimate of applicable tariff costs; Flying Tumbler will absorb tariff variation within ordinary commercial limits and will engage with Gift Recipients directly in the event of any extraordinary tariff change that materially affects the cost of bottling. Flying Tumbler monitors tariff developments and will give US Participants as much advance notice as practicable of any material changes.
US10.Retail fulfilment and state & local taxes (Route A). Stage 3 costs — comprising the retail programme administration fee, consumer delivery, and applicable state and local taxes — are payable directly to Flying Tumbler's licensed US retail partner at the point of delivery under Route A. These amounts are not collected by Flying Tumbler. State and local sales taxes on alcohol vary by jurisdiction and are applied by the licensed retailer at point of sale in accordance with applicable state law. The applicable tax rate is determined by the delivery destination and the laws in force at the time of fulfilment. Flying Tumbler has no control over state or local tax rates and accepts no liability in respect of such taxes. The licensed retailer will confirm the applicable tax amount when the Participant's bottles are ready to ship. Estimated Stage 3 costs, including an indicative tax note, will be provided to US Participants in the cost breakdown issued in advance of bottling.
US11.Amounts held for the final retail sale (all-in payments). Where a Participant pays the full estimated programme cost in advance — for example under a Route C (Whole Hog) election or any other all-in payment option — any part of that payment relating to the final retail sale and delivery of bottled product is held separately by Flying Tumbler, does not form part of Flying Tumbler’s fees, and is not treated as Flying Tumbler’s income. That portion is released or applied toward the final retail step at the appropriate time, so that the sale and delivery of bottles is completed by a licensed US retailer, who is the seller of record. Applicable state and local sales and excise taxes are determined and charged by the licensed retailer at the point of sale. If that final step cannot lawfully be completed to the Participant’s address, the amount held is refunded to the Participant in full.
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