General Terms and Conditions
Who we are
The Antique Wine Company (“the Company”) is a registered trademark of The Antique Wine
(Holdings) Limited. The Company’s Head Office is at: 53 Queen Anne Street, London W1G 9JR, England.
Ordering from The Antique Wine Company
You may order by:
Telephone: +44 (0) 20 3219 5588
By e mail to: info@antique-wine.com
Registering an interest on our website: www.antique-wine.com
By placing an order with the Company you warrant that: you are legally capable of entering into
binding contracts and you are at least 18 years old (or have attained the age, applicable in your country
of residence, when you are legally able to buy alcohol, where this is higher).
How the contract is formed
All orders are subject to acceptance by the Company and we will normally confirm such acceptance to you
by on-line electronic means (the "Confirmation"). There shall be no contract of any kind between yourself
and the Company until the Company has accepted the order and in case of orders to be delivered to you, such
acceptance shall take place when the Company dispatches the products to you. Until acceptance of the order
has taken place the Company may at any time decline to provide the goods or services ordered without
providing any reason.
The Company expressly reserves the right to refuse any order made by a customer with whom we have
an ongoing dispute, or from anyone we suspect of making purchases by fraudulent means.
Prices and Payment
The prices for any products ordered will be as quoted on the Company’s website, price list, or
offer communications from time to time, except in the case of obvious errors and/or omissions.
The Company reserves the right to change its prices at any time.
All prices are exclusive of VAT and the cost of standard delivery (see "Delivery"). Please note
that when paying by credit card your total will be debited in British Pounds Sterling. There may
be slight discrepancies in the local currency value of your order therefore due to currency fluctuations.
The Company does its upmost to ensure the exchange rate reflects the real market value as
accurately as possible.
You may pay for an order by credit card or by wire transfer, or cheque drawn upon a UK clearing
bank (made payable
to Antique Wine Company). Credit card payment can be made by fax or phone using one of the following
credit cards:
American Express, VISA or MasterCard.
The Company reserves the right to charge you for any handling fees the Company incurs in relation to purchases made
by credit or debit card and you will be notified of the relevant charges at the time of billing.
The following charges may be applied:
- American Express - 3.5% of the order value
- Visa / Mastercard - 2.5% of the order value
- Debit / Switch / Solo - 1% of the order value
We will debit your credit card before we acknowledge your order. However, delivery of any products ordered from
our website is subject to authorisation of your credit card payment by the bank payment centres, or clearance of your cheque.
Where the order is for wines to be purchased "En Primeur", payment for the wine (excluding VAT, excise duty and
delivery charges) is due on the date the order is acknowledged. The final payment (including VAT, transport and
excise duty) is due when you receive our final invoice when the Products become available for delivery.
Trade Accounts
Approved trade accounts may be paid by 30 day post dated cheque or other pre-agreed arrangements. Overdue
sums carry interest from the date when payment becomes due at 5% per annum above the base rate of Barclays Bank
plc from time to time. Until all sums due to us have been paid we shall be entitled to retain possession of any
goods to which you would otherwise be entitled. If any payment is overdue we shall be entitled to suspend deliveries/collections.
Cancellation of orders
Once an order has been accepted and confirmed by the Company by the issuance of an invoice, an order shall
be non-cancellable, and is a binding commitment by the customer to purchase. Such orders may be
cancelled at the discretion of the Company only. In the event of non-payment of an invoice within the specified terms, the
Company reserves the right to cancel the order and charge a cancellation fee of up to 20% of the outstanding sum.
Default
If any payment is overdue for 21 days 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, minus 20%. Such credit
shall be limited to the amount of your indebtedness to the Company. Any balance after the credit shall
remain payable by you and shall continue to carry interest at 3% above Barclays base rate from time
to time. The existence of this right does not affect any other remedies we would have including
offsetting any balance after credit against funds or wines held by the Company on your behalf.
Title and Risk
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) until all the sums due from you in respect
of all invoices and/or orders have been paid.
Risk in all goods shall pass to you as soon as we notify you that they are available and assigned
under your order. 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.
Pro Forma
Where a pro forma is issued and client monies are held on account by the Company pending the sourcing of
stock (or other circumstances preventing the immediate release of stock) title to the goods will not pass
until the Company has issued a final invoice to the customer in respect of such goods.
Insurance
In respect of products held in a bonded warehouse or in the Company’s cellars on behalf of a client such
products are insured at an estimated market replacement value.
Where goods are to be delivered Carriage and Insurance Paid to point of destination (CIP), Delivered Duty
Paid to named place of destination (DDP) or Delivered at Place to name of destination (DAP) we will supply
the goods with insurance until point of delivery unless otherwise specified. At point of delivery cover will cease.
In respect of Ex Works (EXW) shipments the Company makes the goods available at its premises. The Purchaser
will pay for all transportation costs and also bears the risks for bringing the goods to their final destination.
Insurance of goods in transit are normally covered under the Company’s standard insurance policy at an
estimated market replacement value.
Delivery
Any indication as to when wines will be available for delivery or collection is an estimate only
and is not intended to be binding. We will notify you once wines are available and you must give at
least 48 hours' notice before collection. National or international transport may be arranged by us,
as your agent, at the rates of charge indicated by us in the Confirmation. We shall be entitled to
claim a storage and administration charge (at the rate of charge indicated) for goods which have not
been collected/delivered within three months of being available.
Replacement Products
Every product offered by us is generally available either at our warehouse or at the producer or
our supplier (negociant). We will establish availability of the products ordered by you before
acknowledging your order. Where this is not possible for any reason and where the product is temporarily
unavailable, we may offer a replacement product of equal or increased value to you. You have the right
to accept or refuse this replacement product. If you choose to refuse it you will be able, at your option,
to either order another product from our website or claim a refund of monies already paid.
Acceptance
You undertake to inspect all goods when collecting or immediately on delivery and to notify the Company
or 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.
Warranty
We warrant that any product purchased from us is of satisfactory quality. If you have any reservations
or comments about the appearance of or quality of our products, you should state these on our carrier's
delivery statement. Alternatively, you must notify us of any complaints you may have within 7 days.
Unless we receive such a complaint from you within the period stated, you will be deemed to have accepted
delivery of the products in accordance with your order.
We undertake the proper safekeeping and storage of wines in our possession and will act in good faith when purchasing
wine for resale.
If we supply any wine which upon receipt our customer is not satisfied with in appearance, then we will accept the
wine back for full refund, provided it is returned to us in the same condition as when shipped by us. We expect any claims
in this respect to be made within the aforementioned 7 days of your receipt of the wine.
With regard to wines older than 20 years, we do not accept an open-ended unconditional liability for the condition
of the wine in the bottle. With older wines it is quite normal to find that individual bottles can mature, improve, and
decline in taste at different times. Whilst we take every effort to ensure that the wines we purchase have been well-kept
and are of good provenance and appearance, we do not provide an unlimited warranty as to their taste. However, at our
complete discretion, we will consider replacing the remainder of any case sold which is not drinkable.
Force Majeure
We shall not be liable for any failure to meet our obligations occasioned by circumstances
beyond our reasonable control.
Our Liability and Disclaimer
Our liability in connection with any products purchased is limited to the transaction value of
such products. This does not exclude or limit in any way our liability to the extent that it may
not be excluded or limited as a matter of law. As a rule, we cannot accept any liability for changes
to or defects in the products which are due to the products' manufacturers. We further accept no
liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue
or business, however caused, even if foreseeable. We accept no liability for any minor errors or
omissions that can remain despite the precautions taken by us in the presentation of the products.
Notices
All notices related to these Terms and Conditions shall be sent to us in writing
at the address stated above.
Assignment
The Company may licence or sub-contract all or any part of its rights and obligations under this contract without your consent.
Additional Services and Special Offers
From time to time the Company may offer services, special offers or promotions (or similar)
that are not referred to in these terms and conditions. Such matters may be subject, to specific
terms and conditions in addition (or in replacement of) these terms and conditions. By taking
the service, special offer or promotion (or similar) you agree to be bound by such additional terms and conditions.
Inco Terms
Inco Terms 2010 apply to international transactions.
Miscellaneous
We reserve the right to alter these terms and conditions at any time. Any such changes will
take effect when posted on the Company’s website. It is the customer’s responsibility to read
the terms and conditions on each occasion this website is used. Your use of the website shall
signify your acceptance to be bound by these latest terms and conditions.
Applicable Law
These terms and conditions shall be governed by the laws of the England & Wales and you agree
to submit to the exclusive jurisdiction of the courts of England & Wales.
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