TERMS AND CONDITIONS OF TRADING
1) These are the terms on which we do business. No: a) variation to these terms; b) standard terms and conditions of purchase used by you; or c) representation made by us or anyone on our behalf shall affect the contract between us in any way, unless recorded in a written document that has been signed by a director of David Roberts Domaines Ltd. These terms do not apply to investments made in the Wine Cellar Plan, to which separate terms and conditions apply.
2) If you are dealing with us as a consumer your statutory rights are not affected. Wine Purchases 3) Delivery dates are estimates only, and are subject to availability of stock. If items ordered are not available we will contact you. If you do not wish to order an alternative your order for those items shall be deemed cancelled, but the remainder of the order shall not be affected. If it is essential that delivery must be made by a specified date you must state that on your order and if we cannot deliver by that date those items shall be deemed unavailable stock. We are not liable for any loss of any nature suffered by you in as a result of late delivery. 4) You must ensure that it is lawful for you to purchase the wines you order under any laws applicable in your place of residence. 5) Prices do not (unless otherwise stated) include delivery charges, VAT, sales taxes or duties, all of which are payable by you at rates prevailing at the time of delivery. If you fail to take delivery when offered you will also be liable for additional costs thereby incurred, including storage. 6) Prices stated on our website or in our literature are correct at the time of publication, but may change. You pay the price current at the time of despatch (If a tailored price has been quoted to you we will stick to that price). Prices for En Primeur wines fluctuate from day to day and you should contact us for firm pricing before order. 7) Wine sold to you remains our property until it has been paid for. You authorise us to enter any premises where it is stored to repossess it, if payment is not made on the due date, or if you become the subject of any insolvency procedure. The risk of loss or damage to the wine passes to you on delivery and you must insure it accordingly. 8) You must inspect wines on delivery. If you believe that wine delivered to you is not in compliance with your order or is damaged you must notify us within 7 days of delivery. If the fault is not apparent on a visual inspection you must notify us within 7 days of your discovery of that fault. If you fail to notify us within these limits the wines delivered shall be deemed to have complied with the order on delivery and we shall have no further liability to you. If wines were faulty, damaged prior to delivery or not in accordance with your order we will either replace them or refund the price you paid for them. We have no greater liability than that.
Storing Wine 9) We arrange the storage of wines for clients with a third party storage business that specialises in wine (we currently use F.H.Gilman in Stamford). Storage, insurance, delivery and handling fees are payable to us and we pay the third party. Our responsibility to you is to select a reputable storage business and to carry out any necessary administration on your behalf. If wine is damaged whilst in storage (or transit) we will assign to you whatever rights we have against the third party responsible, but we shall have no further liability to you in respect thereof. 10) It is your responsibility to authenticate wines in storage. If you sell any wines in storage you must notify us and your buyer so that new arrangements can be made. You remain liable to us for all costs associated with those wines until a new agreement has been made between us and your buyer. 11) Neither we nor our third party storage business can be required to deliver your wines to you until all sums due for their storage, insurance, delivery and handling have been paid in full. Until then we and our third party will have a right to retain possession of them and you must continue to pay storage charges thereby incurred. If you do not make a payment on its due date we may give you 30 days written notice that, unless you pay during that period, we will arrange the sale of all or any of the wines stored for you and we may then do that, accounting to you for any proceeds of sale left after such sale. If the proceeds are insufficient to cover the amounts due to us you will still be liable for the balance. 12) Wines are stored, and recovered from storage, in whole unmixed cases only.
Selling Wines on your behalf 13) We sell wines on behalf of clients. The terms on which we do so will vary from case to case but in every case we may deduct from the proceeds of sale the fees that you have agreed to pay us for the sale and any storage, insurance, delivery and handling costs incurred in connection with the sale.
General 14) If you do not make payments on their due date you must also pay interest at 4% above the base rate of Barclays Bank plc (accruing from the date on which payment was due to the day on which it is made) and also reimburse to us any court fees, solicitors costs or other out of pocket expenses incurred by us in pursuing payment. 15) We may terminate any agreement with you if you become the subject of an insolvency procedure or are in breach of this Agreement and do not remedy that breach within 30 days of a written notice from us requiring remedy. Clause 11 shall still apply after such termination. 16) We are not liable for a breach of this Agreement owing to circumstances beyond our reasonable control.
17) Under no circumstances are we (or our directors, employees or representatives) liable to you for any consequential, economic or financial loss suffered by you. Our (and their) aggregate liability to you shall not exceed the total amount you have paid to us under this agreement in the 12 months prior to your loss. These exclusions apply both to our (and their) liability under this agreement and our (and their) liability to you in tort and any other principle of law or equity. Our (and their) liability for death or personal injury caused by our negligence is not limited by this clause and if you are dealing with us as a consumer your statutory rights are not affected. 18) If we transfer to a third party all or part of our business we may transfer all of our rights and obligations under this Agreement to that third party. No other assignment of this Agreement is permitted by you or by us. 19) We may send written notices to you by first class post. If you move you must notify us of your new address in writing and obtain from us an acknowledgement that we have received your notification. Once we have issued that acknowledgment notices will be served at your new address. Until then they will be sent to the address on your order. Such notices shall be deemed to have arrived and been duly served by 11am on the next working day (meaning weekdays other than bank or public holidays). 20) This Agreement is governed by English Law and the English Courts shall have sole jurisdiction to deal with disputes arising here from.
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