These terms and conditions ("Terms and Conditions") apply to and form part of every contract between Blenheim Fine Wines Limited (“BFW”) and its customers ("Customer"). No terms and/or conditions which the Customer may seek to impose shall apply or have effect.
1.1 All purchases must be paid for at the time of order unless otherwise agreed by BFW. Invoices must be paid within 30 days of the invoice date.
1.2 All prices are quoted in pounds sterling. Any applicable VAT, duty and delivery charges will be added at the time of order or, in the case of Customer reserves held in bond, when the relevant reserves are delivered or collected.
1.3 For Customers outside the UK, payment must (unless made at the time of order) be received prior to shipment of the relevant wine or within 30 days after the date of invoice, whichever is the earlier. Customers outside the UK who arrange their own delivery are responsible for the payment of any applicable VAT and duty (or their equivalent) in the country of delivery.
1.4 Payment can be made by major credit or debit card, cheque, direct debit or by direct electronic transfer (details available on request). BFW may refuse to accept cash settlement of amounts due and will always refuse cash sums in excess of £5,000.
1.5 Any increase in freight charges, duty, tax and/or changes in rates of exchange following payment will be passed on to the Customer if shipping and/or clearance from bond have not occurred prior to such increases. Similarly, if duties are reduced before shipping and/or clearance from bond, any reductions will be credited to the Customer.
1.6 BFW reserves the right to charge interest at 2% per month on overdue accounts and to review and/or remove retrospectively any special trading terms previously agreed in relation to the transaction(s) to which those overdue accounts relate.
2.1 Delivery within mainland UK is free of charge for orders with a value in excess of the prevailing minimum amount. All other deliveries, including overseas, are charged at the prevailing rate plus VAT (where applicable).
2.2 Delivery within mainland UK will normally be made within 10 working days after acceptance by BFW of the Customer's order. Delivery outside mainland UK will normally be made within 21 working days after acceptance by BFW of the Customer's order.
2.3 Delivery of recent vintages lying in stock outside the UK will be delayed until the wines are shipped into the UK. Shipment into the UK in these circumstances will be made at the earliest suitable date. Delivery of broking stock will not take place until BFW has taken possession of the relevant stock.
3.1 Title in the goods does not pass to the Customer until BFW has received payment in full settlement of the Customer's account.
3.2 In the case of wines purchased 'En Primeur', these wines may be stored in bulk in the region of their production. Until the wines are bottled and transferred to BFW's bonded warehouse, they cannot be segregated and the Customer may have a contractual rather than a proprietary interest in them.
4.1 BFW will replace or credit wine which, reasonably, fails to give satisfaction.
4.3 Claims for breakages will only be allowed if the Customer notifies BFW as soon as possible (and, in any event, within 7 days) after delivery. The Customer must retain breakages and accompanying packaging for examination by BFW or its agent.
4.4 If a delivery within mainland UK is not received 21 days of order, the Customer must notify BFW as soon as possible after that date.
5.1 BFW offers storage facilities to its Customers for wines purchased from BFW or (in accordance with paragraph 5.6 below) from other sources.
5.2 Storage charges shall be at the prevailing rate plus VAT (where applicable) per year (or part year) per case. Charges will be rendered annually in arrears or when the reserves are delivered or collected and are to paid by direct debit or as otherwise agreed with BFW. Annual storage charges will be collected by direct debit as a condition of storage being provided. BFW's storage rental year runs from 1st June to 31st May. A list of reserves will be sent to the Customer annually in June with an invoice for storage for the year ending on the immediately preceding 31st May.
5.3 Reserves can only be made and withdrawn in multiples of one case.
5.4 If BFW is requested to move reserves within its warehouse, e.g. from a bonded area to a duty paid area, there will be a handling fee charged at the prevailing rate.
5.5 Reserves will be insured by BFW against all risks of physical loss or damage as at the date of such loss or damage subject to the policy terms or conditions. Although it is BFW's intention to cover the present market value of any losses, in view of the difficulty in assessing the total market value and the market value of individual rarities, BFW can only try to ensure that full compensation is recovered in cases of loss.
5.6 As an additional service, BFW can offer storage for wines purchased from other sources, for which there is a booking-in fee charged at the prevailing rate (in addition to the standard rental charge). It is the Customer's responsibility to authenticate these wines. BFW will not accept liability for either the provenance or condition of wines purchased from other sources or for any defect or other fault that these wines may have or may develop.
5.7 BFW may require any Customer instructions to deal with reserves to be confirmed in writing before acting on those instructions.
In the event of non-payment of accounts (including storage charges), BFW reserves the right to exercise a lien over and/or to sell some or all of customer's reserves and to deduct from the proceeds of sale any outstanding amounts.
7.1 Nothing in these Terms and Conditions shall exclude or limit in any way BFW's liability for death or personal injury or for fraudulent misrepresentation or for breach of its obligations under s12 Sale of Goods Act 1979 or s2 Supply of Goods and Services Act 1982 or s2(3) Consumer Protection Act 1987.
7.2 BFW is not responsible for ullages or wines losing their condition whilst in customer reserve storage with BFW.
7.3 BFW shall not be liable to the Customer for any claim (whether arising in or for contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) under or in connection with these Terms and Conditions for:
(a) any loss of profit, revenue, anticipated savings, business or contract; and
(b) any special, indirect or consequential loss.
7.4 BFW's total liability arising under these Terms and Conditions shall not in respect of any single claim exceed the order value including any VAT, duty and delivery charges) of the order that gives rise to the claim.
8.1 Purchases may be made via our website (www.blenheimfinewines.com or www.blenheimfinewines.co.uk ). Use of our website is subject to our Website Terms and Conditions, which can be found on the website. Please click here to see these.
8.2 All purchases made via our website must be paid for by credit or debit card at the time of order.
9.1 In the UK, it is illegal to sell alcohol to anyone under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with BFW, the Customer confirms that he or she is at least 18 years old (or otherwise above any applicable age limit). At the time of delivery of the Customer's order, BFW or its agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, BFW or its agent may refuse to deliver the order.
9.2 BFW may amend these Terms and Conditions from time to time.
9.3 BFW shall not be liable for any failure to meet its obligations caused by circumstances beyond its control.
9.4 No provision of these Terms and Conditions shall be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
9.5 No delay in exercising or non-exercise by BFW of any right, power or remedy under or in connection with these Terms and Conditions shall impair that right, power or remedy or operate as a waiver or release of it.
9.6 Where BFW operates a joint account in the names of two or more Customers, BFW shall (unless expressly instructed to the contrary) be entitled to accept, rely upon and act upon instructions given by any one of the Customers named on that account.
These Terms and Conditions and all contracts entered into are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
If you have any queries or comments in relation to these Terms and Conditions, or for details of the prevailing rates for charges referred to in these Terms and Conditions, you can either write to us at : Blenheim Fine Wines, Shipton Court, Shipton under Wychwood, Oxon OX7 6DG or email to firstname.lastname@example.org
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