We are A&B Vintners Limited. In these Terms and Conditions (“Terms”), the terms “you” and “your” refer to you, the Customer and “us”, “we” and “our” refer to A&B Vintners Limited, supplier of products and services under these Terms.
Please note that in some areas (as indicated) you will have different rights under these Terms depending on whether you are a consumer or a business customer (a “trader”).
|Trader||you purchase wine or receive services for purposes relating to your trade or business.|
|Consumer||you are an individual and you purchase wine or receive services for purposes that are wholly or mainly outside your trade or business.|
|Cleared Funds||bank transfer received in our account, card payments credited to our account or cheques which have been cleared for fate. Cash is not accepted.|
|en primeur||wines which are in barrel or held in bottle at the cellar of the producer or grower and not available for shipment.|
|Reserve Account||a sub-account set up at our warehouse provider, administered by us on your behalf. Wines held in this account are registered as your property in our records and those of the warehouse.|
Information about us and how to contact us
The following details show how you may contact us or find out information relating to these Terms:
|Business address/head office||Little Tawsden, Spout Lane, Brenchley, Kent, TN12 7AS|
|Registered office||43-45 Dorset Street, London, W1U 7NU|
|Company registration number||03570581|
|VAT registration number||GB 702693443|
|Telephone number||+44(0)1892 724977|
Where these Terms refer to documents available on our website, we will provide those to you in a durable format at your request if you cannot or do not wish to access the website.
Our contract with you
- A contract is made and these Terms are enacted when we accept your order. Acceptance of your order is by issuing you with an invoice which is your written confirmation – it will show your account code and an order reference. Until that time, prices and quantities are indicative only and may be subject to change – for example due to changes in the availability of the goods.
- If we are unable to accept your order we will inform you as quickly as we can. In any case no contract will exist until such time as we have confirmed your order by issue of an invoice.
- By placing an order with us you confirm that you are legally entitled to purchase alcohol products. We may use your details to verify your age with external parties or may require to meet you or interview you where we have reasonable doubt as to your age. You agree that we may cancel the contract if we are not reasonably satisfied that you meet the age criteria required by law.
- If you are outside the UK we may be unable to accept your order or cancel the contract if there are restrictions in place which would not enable us to fulfil your order.
- If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract.
Our right to make changes
- If at anytime it becomes apparent that the wine you have ordered cannot be supplied, we will endeavour to provide you with a suitable substitute. If you do not wish to accept that substitute we will cancel the order and credit your account with the value of the order.
- While we take reasonable steps to ensure that the packaging or formats of the wines you order will be as you expect, from time to time, for reasons outside our control, the packaging or formats may be altered. If the original producer packaging of the wine is damaged or unsuitable we will replace it with equivalent packaging.
Descriptions and prices
- Our prices may change from time to time and these will be updated on our website.
- Unless otherwise stated, our prices are quoted in Sterling Pounds (GBP) per case of twelve 75cl bottles (12x75cl) under bond – that is without taxes (eg any applicable Duty and VAT) and delivery. Current rates of VAT, Duty and delivery are shown on our website.
- Unless you have an approved credit account, all invoices are due for payment upon presentation. We may cancel your order if payment is not received in accordance with these Terms.
Sales of wine en primeur
If you purchase wine en primeur we will provide you with our reasonable estimate of when wine will be available. This can depend on many matters outside our control. At any time you are welcome to contact us for an update and we will provide it to you based on the information available to as at that time. For example, the availability of wine may depend on the producer’s own determination when the wine is ready as well as constraints over shipping such as suitable transport and adverse weather. Any indication of availability is for guidance only. We are not responsible for any changes to the availability date – earlier or later – but we will endeavour to let you know in reasonable time should the availability date change.
Storage & Reserve account
- We shall establish a Reserve account for you as a customer for wines you purchase from us.
- When you order wines en primeur we shall allocate those wines to your Reserve when they arrive and identify them as your property. We shall advise you within a reasonable time thereafter that these wines are available to you should you wish to withdraw them from your Reserve, or continue to store them.
- When you order wines from physically present stock, but you do not wish to take immediate delivery, we shall transfer those wines to your Reserve and identify them as your property.
- We shall provide three calendar months of storage in your Reserve free of charge for each case from the time the wine is first transferred to your Reserve. If you withdraw this wine at any time during that period you will not incur any storage charges. Thereafter storage charges are accrued on a daily basis in line with the storage charges published on our website.
- Storage charges are paid in arrears.
- We maintain an insurance policy to cover all wines in your Reserve to replacement value. If your wine is lost or damaged we will endeavour to replace it or offer you a suitable alternative of your choice; if neither is possible we will credit your account at replacement value for the lost or damaged wine.
- We will provide you with a list of your Reserve wines upon your request. You may also obtain this information at any time from your personal access to the secure Customer Portal (https://my.abvintners.co.uk)
- The market value / general condition of wine stored in your Reserve may change over time due to the natural ageing process. We are not responsible for these changes.
- The wines in your Reserve account are held for you and our responsibilities under these Terms are only to you. We will only act upon instructions to deliver if they are received from you. If you have more than one person nominated for your Reserve we may act upon instructions provided by any single individual named.
- We may close your Reserve account upon not less than 60 days’ notice. In such event we can arrange delivery or you may collect the wines. After that time we may sell or dispose of the wines. Any funds will be held as a credit to your account.
- In exceptional circumstances, we may allow you to transfer wines to your Reserve from outside our cellar. Please note that the procedures for doing so may change according to the quantity and value as well as the location from which wines are to be moved. We will try and accommodate all reasonable requests and advise you of the various steps that will apply to complete the process, including any documentary requirements. We may, at our absolute discretion (including for reasons concerning quantity, description and condition) be unable to accept wines and return them or make them available for your collection. Storage charges will accrue from the time of receipt. Additional charges to receive and/or condition check these wines may be incurred; we will advise you of these in advance.
Delivery & Collection
- Our delivery charges are displayed on our website and may be subject to change from time to time. The charges may depend upon the quantity and value of the wine, time, means of delivery and destination. Where you do not find the information concerning the delivery you are requesting, please contact us and we will advise you.
- In circumstances where you are not available to take delivery and wish us to arrange that wine is left in a safe location of your choice, please inform us in writing. Where our courier provides evidence that the wine is left in such location, risk will pass to you and you accept that all wines will be deemed to have been delivered in good condition.
- Where our courier has doubt as to the age of the person receiving delivery of the goods, the courier may ask for proof of age. The courier may cancel the delivery and return the goods to us at its own discretion if it cannot be satisfied that age criteria are met. We will contact you as soon as possible after we are made aware of this event.
- You may nominate a password or a specific person to receive your delivery where the location may be used by more than one party.
- If you have arranged a delivery and are not available to receive the wines, we will endeavour to contact you and arrange a re-delivery. We reserve the right to make a separate charge where a re-delivery is arranged. Where a re-delivery is not possible the wines will be returned to your Reserve account. This may delay the time at which any subsequent delivery can be made.
- You or your agent may collect wines from our cellars, for which we make no charge. Please contact us if you wish to do this. We will provide details of what is required from time to time (for illustration only, this may include details of how to book a collection date and time, when and where you may collect the wines, together with relevant requirements like proof of ID, vehicle registration number, special documentation etc).
Receiving your wines
When taking delivery of your wines, please sign the document or electronic device presented by the courier. Where possible we suggest that you add the words “not inspected”. You should inspect the wines as soon as possible thereafter and contact us immediately – and not later than 14 days from delivery – if there are breakages, wine is missing, in poor condition or you have the incorrect wine. We may not be able to credit or replace wines after that time.
Consumers – risk ,title and cancellation
If you are a Consumer the following terms apply:
- We retain title to all wines until the time we are in receipt of Cleared Funds
- If you have a balance owed to us you agree that we will have a lien over the wines we hold for you including the wine in your Reserve. We may sell wines in your Reserve to clear amounts owed to us – such price to be determined by us. We shall contact you in advance before any such exercise of the lien occurs.
- Risk will pass to you when you take delivery of the wines or from the point you or your agent collect the wines.
- While wines are in your Reserve, you have title (subject to 10(b)) while we retain the risk.
- If you have purchased wines en primeur you may cancel your order within 14 days of the date of that order by contacting us in writing with the information on our website under “cancellation”. We shall credit your account to the value of the cancelled order.
- If you have purchased wines which are not en primeur you may cancel your order within 14 days of receiving delivery or from the date we advise you of transfer to your Reserve by contacting us in writing with the information on our website under “cancellation”. We shall arrange collection of the wines and, within 14 days of the collection, credit your account to the value of the cancelled order. If you have been charged delivery we shall also credit you for the original delivery charge (if any) adjusted to reflect the number of litres of wine you have retained.
Trader – risk, title and cancellation
If you are a Trader the following terms apply:
- We retain title to all wines until the time we are in receipt of Cleared Funds.
- If you have a balance owed to us you agree that we will have a lien over wines we hold for you including the wine in your Reserve. We may sell wines in your Reserve to clear amounts owed to us – such price to be determined by us. We shall contact you in advance before any such exercise of the lien occurs.
- Risk will pass to you when you take delivery of the wines or from the point you or your agent collect the wines.
- Until title has passed to you by virtue of payment, you agree to keep those wines separately identifiable, in their original condition and packaging and, in the event of non payment, at our request, to return them to us in their original condition at your cost.
- If you sell or dispose of wines for which we retain title you agree to act as trustee and hold the gross proceeds in trust for us until such time as title has passed to you.
Broking or repurchase
You may request that we purchase wines held in your Reserve account. Should we choose to exercise our option to purchase, the following terms apply:
- You may choose which wines to sell to us and we shall assist you in identifying those which are likely to be marketable.
- You may agree a price that you will accept for us to buy the wines from you or you may provide us with discretion to be determined on a case by case basis.
- We will buy wines in the same lot or quantity in which they were sold to you and will not buy part cases without your permission.
- We reserve the right not to exercise the right to buy until such time as we have another client who wishes to purchase the wine.
- We shall provide you with a list in durable form of any wines you have agreed to sell.
- You may withdraw or consent to sell wines or vary the discretion you have given us at any time by giving us notice provided those wines have not already been purchased by us.
- Details of wines we have purchased from you are available on your Portal access
- If you wish to sell wines which have not been continually in your Reserve since you purchased them from us we reserve the right to examine the wines and may decline to sell them for any reason.
- You will receive a report each month of wines we purchase from you through Broking showing the wines sold and the value sold.
- We shall credit your account with the agreed value to purchase the wines from you at the end of every month. We may offset that amount against amounts owed to us. Any net payment to you will usually be made within 21 days after the month of sale.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an event outside our control takes place that affects the performance of our obligations under a contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of goods to you, we will arrange a new delivery date with you after the event outside our control is over.
- You may cancel a contract affected by an event outside our control which has continued for more than 30 days. To cancel such a contract, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant wine you have already received and we will refund the price you have paid, including any delivery charges.
Responsibility for loss
- If you are a Consumer:
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
- We only supply the wine for your domestic and private use. You agree not to use the products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the wine.
- If you are a Trader:
- nothing in these Terms shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or defective products under the Consumer Protection Act 1987.
- Subject to clause 14(b)(i) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the wine under such contract.
Our right to vary these Terms
- We may revise these Terms from time to time, for example if we need to change how we accept payment or to reflect changes in relevant laws and regulatory requirements. Every time you order wine from us, the Terms in force at that time will apply to the contract between you and us. Whenever we revise these Terms we will keep you informed and give you notice by stating that these Terms have been amended and the relevant date at the top of the page.
- Other important terms:
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on our website if this happens. You may only transfer your rights or obligations under these Terms to another person or organisation if we agree to this in advance in writing.
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the wine, we can still require you to make the payment at a later date.
- These Terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute or claim arising under these Terms.
Questions or Complaints
Any questions or concerns about your order should be sent to firstname.lastname@example.org
In the case of online purchases, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr
We shall provide you with an online Portal view where from time to time you may view the list of wines you have ordered, together with any outstanding balance owed by you to us or owed by us to you. Your use of this Portal is strictly personal to you and you take responsibility for ensuring your access rights are protected. We do not know your password. You may access your personal information on the Portal and maintain your own contact details, including whether you wish to subscribe or unsubscribe to our mailing lists.