Fine Wine Brokerage Services

Terms and Conditions

Terms And Conditions

By placing an order for goods in form of our Order Form / Invoice you confirm your agreement to our terms and conditions, including the Privacy Policy, as set out below:

Conditions

1.         An order for goods placed by you, the buyer shall be subject to these terms and conditions.

2.         All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.

3.         Nothing in these terms and conditions shall affect the statutory rights of any consumer.

Definitions

4.         In these conditions, unless the context requires otherwise:

5.         'Buyer' means the person who buys or agrees to buy the goods from the Seller;

6.         'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

7.         'Delivery Date' means the date specified by the Seller when the goods are to be delivered to the warehouse;

8.         'Warehouse' refers to bonded storage facility used by the Seller to store the goods on your behalf;

9.         'Goods' refers to wine, which the Buyer agrees to buy from the Seller and described on the Order Form/ Invoice;

10.       'Price' means the price for the Goods as described on the Order Form / Invoice;

11.       'Trading Price' means the current sale price of the wine by the Seller;

12.       'Order Form / Invoice' means the order document issued by the Seller to the Buyer, signed by the Buyer and returned to the Seller.

13.       'Supplier' means persons or companies supplying the Goods to Capital Vintners Ltd; and

14.       'Seller' means Capital Vintners Ltd, 1 Liverpool Street, London, EC2M 7QD.

Orders

15.       All orders for Goods shall be deemed to be an offer by you, the buyer, to purchase Goods pursuant to these terms and conditions.

16.       You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the Order Form / Invoice and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.

17.       No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of your order by e-mail, letter or by telephone and payment has cleared into our bank account.

18.       We are entitled to refuse any order placed by you and will not be required to provide an explanation.

19.       The Buyer may cancel the order at any time but no later than on the seventh working day after Delivery Date.

Goods

20.       We will purchase the Goods from the Supplier following a receipt of the Order Form/ Invoice and no later than thirty days following cleared payment.

21.       Due to the nature of the Goods we reserve the right to offer you an alternative if the requested goods are not available. We will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the goods for a full refund within 7 working days from the date of delivery, should the substituted product not be acceptable to you.

Price And Payment

22.       We accept payments by cheques, bank transfers and by credit cards.

23.       By placing an order, you, the Buyer, consent to payment being charged to your credit card account as provided on the order form.

24.       If a deposit is taken but full payment is not received by the agreed settlement date, we reserve the right to offer an alternative wine.

25.       Title to the Goods will pass to you, the Buyer, on Delivery Date.

26.       We will issue you with an electronic receipt to your email address or write to your address once we receive the Delivery Date from the Supplier.

Delivery

27.       The Goods will be delivered to the warehouse for storage.

28.       The risk in the goods shall pass to you upon such delivery taking place.

29.       Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver your goods within 30 days of the date quoted for delivery we will use best endeavours to ascertain the next available delivery date and we will notify you of the next available delivery date offered by the Supplier.

30.       You should note that we are only able to deliver to locations within the United Kingdom at present.

31.       We shall not be liable to you, the buyer, for short delivery of the goods however caused but will provide you with the outstanding goods as soon as is reasonably practical. If however we have not delivered the outstanding goods within 60 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding goods.

32.       We will pay any freight, carriage, insurance and other costs of delivery from the Supplier.

Storage And Removal

33.       We will store the Goods on your behalf at a warehouse in a controlled environment suitable to store wine. The Goods will be stored in the account of Capital Vintners Ltd.

34.       We will pay the costs of storage, and insurance for the period of five years from the delivery date. Following the initial five years we will inform you of the costs for storage and insurance for the next five years.

35.       At any time you may open your own account to hold Goods at the warehouse.

36.       We shall not be liable for any damage or loss whatsoever resulting from removal of Goods from the warehouse on your request.

37.       The warehouse will issue a rotation number to you to identify stored Goods. The warehouse will also confirm the quantity stored.

38.       We recommend that you will inspect the Goods after delivery by contacting the warehouse as soon as it is reasonably practicable and that you will notify us of any shortages, defects in the goods or any other complaint in respect of them within 10 working days from the date of the rotation number being issued. Save in respect of any shortages or defects if you, the buyer, fail to comply with this clause we will not be held legally liable in respect of any other complaint, which should have been brought to our attention within this period.

Agency

39.       You appoint us to be your agents for the purpose of purchase, storage and sale of the Goods.

 

 

Sale

40.       We guarantee to sell your goods for at least the value of our current Trading Price. If the goods have been held for a period of less than 12 months from the date of purchase, we will charge you 10% of the total sale price paid by the customer. If the goods have been held for twelve months or more after the date of purchase, we will charge you 10% of the profit made on the sale.

Limitation Of Liability

41.       We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the Buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:

42.       1.1 Act of God, explosion, flood, tempest, fire or accident;

43.       1.2 War or threat of war, sabotage, civil disturbance or requisition;

44.       1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

45.       1.4 Import or export regulations or embargoes;

46.       1.5 Strikes, lockouts or other industrial actions or trade disputes;

47.       1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;

If we are prevented from carrying out is obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out its obligations 60 days from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.

48.       Due to the nature of the Goods we do not give any warranty, guarantee or indemnity as to quality and suitability of the Goods as an investment product and its future market value. We do no give any warranty as to the condition of the Goods.

49.       We recommend that the Buyer undertake reasonable steps to familiarize himself with the vintage wine market before entering into this Agreement.

50.       We recommend that the Buyer holds the Goods between ten and twenty years for it to reach its full collectable potential.

51.       Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the Buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of Goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.

Your Warranty

52.       You, the Buyer, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Goods.

Intellectual Property

53.       The copyright in the material contained in this website and any trademarks and brands included in that material belongs to Capital Vintners Ltd.

54.       You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.

Website

55.       We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.

56.       All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods.

57.       We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.

General

58.       We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on our website.

59.       If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.

60.       English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

61.       The headings in this Agreement are for convenience only and will not affect their interpretation.

Queries And Complaints

62.       We aim to respond to e-mail, faxed and written queries within 72hrs. Our Customer Services can answer your telephone queries Monday to Friday between 2.00pm and 8.00pm. Calls may be monitored for training purposes.

63.       In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.

Taxation

64.       We recommend that the Buyer takes advice form the tax expert regarding Capital Gains Tax on disposal of vintage wines. For CGT purposes a wasting asset is one with 50 years or less of predictable life. It is advisable that you dispose of wasting asset within 50 years of acquiring it to be classified as a wasted asset.