These terms are important and they apply to all the orders we accept.
Once incorporated they will continue to apply to all future transactions unless
and until modified by written agreement between us.
- Time of Contract
A contract for sale incorporating these terms comes into existence when we expressly
accept your order. The contract is conditional upon wines not having been previously
sold by us and we will notify you without delay should this occur.
- Time for Payment
(a) Payment is due upon the raising of the invoice.
(b) UK Trade Customers may apply for credit accounts. Export orders for Trade
Customers must be paid in full before release.
(c) Late payments attract interest at 5% above the base rate of Lloyds TSB Bank plc
from the due date until payment is received.
- Retention of Goods Pending Payment
(a) We will retain title in all goods sold by us until all sums due or to become due
to us from the purchaser in respect of any order have been paid. This will include goods
held to your account in bond but will not include goods for which we have been paid in
full and which are in your personal physical possession. Risk in goods passes to you as
soon as we inform you that they are identified by us to meet your order.
(b) Until such time as title to the goods passes to the customer, we reserve the right
to inspect goods not in our physical possession and to require the customer to deliver
up those wines to us and in the event of failure to do so we may enter any premises
where the wines are stored to repossess them.
(c) Deliveries and/or collections may be suspended by us if any sum is outstanding.
Wines are sold for collection from our warehouse. We will let you know shortly in
advance of the expected time of availability and you must give at least 48 hours prior
notice of collection. Indications of delivery dates prior to that are estimates and not
intended to be contractually binding. We may at your request and as your representative
arrange transport but we accept no liability for any failure on the part of carriers.
If goods are not collected or delivered within three months we will be entitled to
make a reasonable storage and administration charge (currently £10.80 excl. VAT per
case per annum).
- Acceptance of Goods
It is your obligation to inspect goods immediately upon receipt and notify either ourselves
or the carrier immediately of any shortage or damage. In the absence of any notification
within three days the shortage, damage or any other deficiency will be deemed to have
occurred after delivery to you.
- Failure to Pay or Take Delivery
(a) If payment is not made within four weeks of the due date or if goods have not been
collected within three months of notification of their availability or if there is an
earlier indication that payment will not be made or goods will not be collected, we will
send you written notice to the invoice address of our intention to dispose of the goods.
If you do not object in writing within 10 days of the dispatch of such notice accompanying
such objection with payment in full or where appropriate confirmed arrangements for
collection, we will be entitled to resell the goods by a method entirely in our discretion.
(b) Upon resale you will receive a credit of the net proceeds less 20%. Any balance due
after the credit shall remain payable and shall continue to carry interest. The exercise
of this right of resale does not affect any other right we may have.
- Force Majeure
We shall not be liable for any failure to meet our obligations occasioned by circumstances
beyond our reasonable control.
- Quality and Attributes
Whilst we make every effort to ensure the proper cellaring of wines in our possession
and will act in good faith in purchasing wines, we cannot be responsible for the condition
of wines or whether they show any attributes which might be expected. In our absolute
discretion we will consider requests for replacing the unopened balance of an order which
- Personal Information
You agree that we may use Personal information provided by you in order to conduct
appropriate anti fraud checks. Personal Information that you provide may be disclosed to a
credit reference or fraud prevention agency, which may keep a record of that information.
This contract is made under English law and is subject to the exclusive jurisdiction of
the English Courts.