Terms & Conditions
1. The contract
1.1 All orders are accepted only under these terms, conditional upon our written
confirmation of order which may be by the delivery of an invoice. The terms may
not be altered without the written agreement of a Company Director. Any contrary
or additional terms unless so agreed are excluded.
1.2 Any representations from us or our employees or agents which are not confirmed
in writing are followed or acted upon entirely at your own risk and we shall not
be liable for any such representations unless fraudulent.
1.3 All goods are offered subject to availability. Errors and omissions excepted.
1.4 Goods are not offered on sale or return nor consignment terms, unless specifically
agreed.
2. Prices
2.1 Unless indicated otherwise, prices are in Pounds Sterling.
2.2 Prices are provisional and subject to our confirmation upon acceptance of order.
2.3 We reserve the right to alter prices without notice and goods, delivery, duty
and taxes will be charged at the rates ruling at the date of despatch.
3. Payment
3.1 Payment is due on invoice, except for approved trade accounts.
3.2 Any bank charges raised by the paying bank are payable by the customer and if
incurred will be reinvoiced for immediate payment.
3.3 Credit applications require two trade references and a bank reference. Credit
is granted solely at our discretion.
3.4 We understand and will exercise our statutory right to claim interest and compensation
for debt recovery costs under the late payment legislation if we are not paid according
to agreed credit terms.
4. Title & risk
4.1 We shall retain title to all goods (other than goods in your direct physical
possession following delivery or collection and payment in full for those goods)
sold by us until all the sums due from you in respect of any order have been paid.
4.2 Goods purchased lying overseas cannot be segregated until transferred to our
UK warehouse.
4.3 Risk in all goods shall pass to you upon delivery or as soon as we notify you
that they are available.
4.4 If goods within our ownership are held by any third party on your behalf you
will upon our request instruct that third party to hold the goods to our order.
4.5 We may at any time revoke the power of sale and recover and/or re-sell the goods
in which title shall not have passed. We, our servants or agents, shall be entitled
access to the premises where the goods, or some of them, are stored, or thought
to be stored, for the purpose of repossession at any time.
5. Delivery
5.1 Delivery dates are given in good faith but are estimates only and no liability
will be accepted for any delay in delivery of the goods howsoever caused.
5.2 We shall be entitled to claim a storage charge at the rate indicated for goods
which remain undelivered/ uncollected after three months of being available.
5.3 In the event that goods are returned to us because we are unable to deliver
due to incorrect or incomplete delivery instructions, or because the recipient is
unavailable as arranged, we shall be entitled to recover any costs incurred. Redelivery
may be arranged as per our normal terms.
6. Acceptance
6.1 You undertake to inspect all goods when collecting or immediately on delivery
and unless you notify ourselves and the carrier forthwith of any shortage or damage
or other deficiency you will be deemed to have accepted the goods as satisfying
your order three days after collection/ delivery.
6.2 In the event that we are unable to deliver directly to the named recipient,
we shall seek relevant third party acceptance and such acceptance shall constitute
fulfilment of your order.
6.3 Our liability for short delivery is limited to making good the shortage or,
at our discretion, crediting part of the purchase price.
6.4 In the event of non-delivery, notice must be given within 10 days of the date
of the invoice.
7. Liabilities
7.1 If goods supplied are defective in quality or condition we shall, at our discretion,
supply replacement goods or refund all (or, where appropriate, part) of the price
paid for the relevant goods providing that: we are notified of the defect within
one week of the defect's discovery; the goods are made available for our inspection;
the defect does not arise from your negligence or failure to store the goods in
accordance with the producer's recommendations or industry practice. This does not
affect your statutory rights. Exceptions may occur where goods are brokered on behalf
of third parties.
7.2 We will not accept any administration or other charges for dealing with claims
under this clause.
7.3 In no circumstances whatsoever shall our liability arising out of, or in connection
with, this clause exceed the purchase price of the goods which are the subject matter
of any claim.
8. Customer reserves
8.1 Storage charges are invoiced annually in arrears from 1st August to 31st July
at the prevailing rate.
8.2 Goods from third parties should be documented to us in advance of receipt at
our warehouse including the purchase invoice for wines arriving under bond and proof
that all relevant UK taxes have been paid for wines arriving not from another UK
bonded warehouse.
8.3 We shall not be liable for the condition of goods purchased or received from
third parties.
8.4 Reserves should be made and withdrawn in whole case quantities. Lesser quantities
will incur storage and delivery charges as if they were whole cases.
8.5 We may require written instruction to transfer or deliver reserve stock.
8.6 Delivery will be charged at the prevailing rate.
9. Defaults
9.1 If any payment is overdue for four weeks or the goods have not been collected
within three months of being available, or there is an earlier indication from you
that payment will not be made or the goods will not be collected, we shall be entitled
to send written notice to the invoice address of our intention to deal with, sell
or otherwise dispose of the goods and 10 days thereafter we shall be at liberty
to do so. Any method of resale is entirely at our discretion. Upon resale you will
receive a credit of the net proceeds of the resale less 20%. Such credit shall be
limited to the amount of your indebtedness to us. Any balance after the credit shall
remain payable by you and shall continue to carry interest.
9.2 If any payment is not made by the due date or there is a material change in
your constitution or you become insolvent, the full balance outstanding on your
account shall become immediately payable. In addition, payment may be required in
cash or cleared funds in advance of delivery of undelivered goods, any further delivery
may be cancelled or suspended under any contract, and we may sell or otherwise dispose
of any goods which are the subject of any contract with you.
10. Force Majeure
We shall not be liable for any delay or failure to meet our obligations occasioned
by circumstances beyond our reasonable control.
11. General
11.1 In the UK it is illegal to sell alcohol or tobacco to anyone under 18 years
of age. By placing an order with us for such goods, the customer confirms that he
or she is at least 18 years old. We reserve the right to request proof of age and
to refuse the sale of goods where appropriate proof cannot be produced.
11.2 All our contracts are made under English Law and are subject to the exclusive
jurisdiction of the English Courts.
11.3 If any provision of these terms is held by any competent authority to be invalid
or unenforceable, in whole or in part, the validity of the other provisions of these
terms and the remainder of the provision in question shall not be affected.
Registered in England no 4479554 | Registered office 25 Moorgate London EC2R 6AY