Terms of Supply
TERMS AND CONDITIONS OF SUPPLY
This page (together with our Privacy Policy, Terms of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Any reference to “Business Day” in these Terms shall mean a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website rarewinevintages.com. We are Vintage 1947 Limited, a company registered in England and Wales under company number 08638288 and with our registered office at 63 Highgate High Street, Highgate London N6 5JX (We/Us). Our VAT number is 179508566 GB.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at rwv@rarewinevintages.com informing us of the details of your cancellation in the prescribed form set out in Schedule 2 of these Terms or contact our team by telephone on 07714763137 or by post to 63 Highgate High Street, Highgate London N6 5JX. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 07714763137 or by e-mailing us at rwv@rarewinevintages.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business:
You may contact us by telephoning our customer service team at 07714763137 or by e-mailing us at rwv@rarewinevintages.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 21.3.
2. Our Products
2.1 Any images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging (if any) of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old. If you are buying a Product as a gift the recipient must also be 18 years of age or older.
5.2 At the time of delivery of your order, we may or our agents may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced we may or our agents may refuse to deliver the order.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and our Privacy Policy, Terms of Website Use and Cookie Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or referred to in them or our Privacy Policy, Terms of Website Use and Cookie Policy.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 To place an order for a Product, you will first need to make an enquiry by either (Enquiry):
(a) using an enquiry/contact form on our site;
(b) making an enquiry through “Wine Searcher” (www.wine-searcher.com)
(c) sending an email to rwv@rarewinevintages.com
(d) calling our sales representatives on 07714763137 in each case you will need to specify (i) the type of Product you would like to purchase (ii) the quantity of the Product you would like to purchase and (iii) whether you want the Product to be stored in our reserves storage facility (which will be stored in accordance with clause 17) (Reserves) or delivered to you.
7.2 After you have made an Enquiry, you will receive an e-mail from us confirming (Enquiry Confirmation):
(a) whether or not we have the Product(s) you have enquired about in stock;
(b) whether or not we have the quantity of Product(s) in stock you have specified in your Enquiry; and
(c) the delivery, collection and storage options and quotation for the Products you have enquired about.
7.3 An Enquiry Confirmation shall not constitute an offer. A quotation provided in an Enquiry Confirmation shall only be valid for a period of 20 Business Days from its date of issue.
7.4 Once you have received an Enquiry Confirmation from us, to proceed with an order you will need to reply to our Enquiry Confirmation email confirming your order for purchase, your preferred delivery or collection method and location for delivery or storage instructions for the Products (if applicable) (Order). All Orders made incorporate these Terms.
7.5 The Order shall only be deemed to be accepted when we issue a written (emailed) acceptance of the Order together with a corresponding invoice for that Order (Order Confirmation) at which point the Contract shall come into existence.
7.6 Subject to us receiving satisfactory payment of our invoice in cleared funds in accordance with clause 15 below, we will send you an e-mail that confirms that the Products have been dispatched (in accordance with your chosen delivery method and location) (Dispatch Confirmation) or placed in our Reserves (Reserves Confirmation).
7.7 If we are unable to supply you with a Product, for example because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 15.5, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery or storage costs charged as soon as possible.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3 and as specified in the table set out in Schedule 1 to these Terms. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund – provided the Product is returned as sold.
9.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the Schedule attached to these Terms.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at rwv@rarewinevintages.com setting out the details of your cancellation in the prescribed form set out in Schedule 2 to these Terms or contact our team by telephone on 07714763137 or by post to 63 Highgate High Street, Highgate London N6 5JX. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
9.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.7;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.5 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.6 We will refund any amounts to the bank account from which we received payment from you for the Order.
9.7 If a Product have been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, or hand it to our authorised carrier. Any Product returned to us must be sent to: 63 Highgate High Street, Highgate, London, N6 5JX [EHH1]. For further information about our authorised carrier and how to arrange a return please email rwv@rarewinevintages.com. If we have offered to collect the Product from you, we will collect the Product from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Product is faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Product to us. We estimate that if you use the carrier which delivered the Product to you, these costs should not significantly exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We will charge approximately the same amount as our standard rate of delivery to the Delivery Location (as defined below) address for the collection of Product.
9.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. Guarantee for post 2000 PRODUCTS
10.1 Notwithstanding the cancellation rights for consumers set out in clause 9, any Products produced post the year 2000 are guaranteed for a period of 1 month from the date of delivery. In the event that a Product is found to be spoiled, corked or oxidised and is within guarantee please notify us by email within 2 days of opening so that may have the opportunity to verify the claim. We will provide a replacement or a full refund for spoiled Products covered by the guarantee in which case you must not discard the Product or the cork for that Product as we may need to collect if for analysis/return to the winery.
10.2 We reserve the right to refuse a refund or replacement under this guarantee where:
(a) the Product has been in the recipient’s possession for more than 1 month from the date the Product(s) were delivered;
(b) The Product was produced before the year 2000.
(c) The Product has been discarded or the cork has not been made available for analysis;
(d) The Product has been wilfully damaged, not been stored in suitable conditions;
(e) The defect in the Product has been caused by accident or negligence by you or by any third party.
(f) The Product is not to the recipient’s liking and there is no fault with the Product.
11. PRE-2000 PRODUCTS
11.1 While we aim to ensure that all of the Products we sell are of the highest quality we do not offer any quality assurance guarantees for Products produced before the year 2000 and Products that we sell that pre-date the year 2000 may have low ullage levels and shall be sold subject to their description.
11.2 We advise our customers to carefully read the descriptions of any pre-2000 Products before deciding to make any purchases as this may affect your statutory rights.
12. Delivery
12.1 At the time you place your Order you will need to specify one of the following:
(a) the location delivery you would like us to deliver the Products to (Delivery Location);
(b) that you will collect the Products from our storage facility at Octavian Vaults, Corsham Cellars, Eastlays, Gastard, Corsham, Wiltshire, SN13 9PP
(c) that you would like the Products to be transferred to your own storage facility at Octavian Vaults.
12.2 There will be no charge if you choose either option 12.1(b) or (c).
12.3 For deliveries to Delivery Locations:
(a) The carrier used for deliveries shall be entirely at our discretion.
(b) Our delivery charges apply to deliveries between 8am and 6pm Mondays to Fridays. We reserve the right to apply an order surcharge for any delivery times specified outside these hours.
(c) Unless otherwise agreed in writing, our standard delivery criteria are that when an Order has been received by 12 noon on day zero, delivery will be day three, excluding Highlands / Borders and certain other difficulty postcodes, details of which can be supplied on request.
(d) We shall use our reasonable endeavours to adhere to published delivery days and specified delivery times. However, we shall not be liable for missed deliveries and must reserve the right to alter delivery days and times without notice.
12.4 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 20 for our responsibilities when this happens.
12.5 If no one is available at your address to take delivery, we will leave you a note that the Product(s) have been returned to our premises, in which case, please contact us to rearrange delivery (for which you will be responsible for the additional re-delivery charges)
12.6 Delivery of an Order shall be completed either:
(a) when the Products are transferred to your Octavian Vault storage facility;
(b) when you or a carried organised by you collect them from our storage facility (in accordance with clause 12.1(b));
(c) when we deliver the Products to your Delivery Location; and the Products will be your responsibility from that time.
12.7 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 12.8 only applies if you are a consumer.
12.8 If we miss the delivery deadline for any Products set out in the Dispatch Confirmation then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us (in writing) before we accepted your Order that delivery within the delivery deadline was essential.
12.9 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 12.8, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
12.10 If you do choose to cancel your Order for late delivery under clause 12.9 or clause 12.10, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
13. Breakages
13.1 We will replace any Product broken in transit be it your own personal Product or a gift to your customers, friends and family. However, please ensure that you check both the number of parcels and condition of any Products you accept delivery of as we will not be held liable for or accept responsibility for any breakages once you have taken delivery of the Product.
14. No international delivery
14.1 Unfortunately, we do not delivery to addresses outside the UK.
14.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK (for example a UK port from which you will be responsible for and arranging the requisite shipping to your delivery destination).
15. Price of products and delivery charges
15.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 15.5 for what happens if we discover an error in the price of Product(s) you ordered.
15.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
15.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
15.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you in our Enquiry Confirmation, before you confirm your Order.
15.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you (in writing) as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
16. How to pay
16.1 Unless we agree other payment terms, invoices to consumer customers and business customers must be paid within 5 Business Days after the invoice date; and
16.2 You can only pay for Products by bank transfer (telegraphic transfer) to such account as we may direct you to make such payments from time to time.
16.3 Payment for the Products and all applicable delivery charges is in advance and the Products will not be dispatched until we are in receipt of cleared funds for the full amount of the invoice relating to that Order or instruction.
16.4 If any amount remains unpaid after the due date for payment, then we reserve the right to do any or all of the following:
(a) Charge interest at 2% per month on any amount remaining unpaid after the due date, calculated from the due date until the actual date of payment;
(b) Suspend any future deliveries to you; and/or
(c) Require payment of all other unpaid amounts invoiced to you (whether or not then due and payable)
(d) Cancel the Contract
16.5 All payments to be made by you shall be made in full, without any deduction, withholding, set-off or counterclaim.
17. Reserve storage
17.1 We offer storage facilities to our customers for Products purchased from us.
17.2 Storage charges for Products stored by us in accordance with this clause 17 (Reserves) 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 and are to be paid in accordance with clause 16 on receipt of an invoice for those charges. Our storage rental year runs from 01 January to 31 December. A list of Reserves will be sent to the customer annually in December with an invoice for storage for the year ending on the immediately preceding 31 December.
17.3 Failure to settle the invoice for storage and handling charges give us the right, after giving due notice, to sell any Products held to your account in the Reserves. The proceeds of sale, net cost of disposal, will be credited to your account to offset against the Reserve rental debt.
17.4 In the event that we lose contact with you, after taking reasonable steps to locate you, then we have the right to sell any Products held to your account in the Reserves. The proceeds of sale, net costs of disposal, will be credited to your account with us. This might be done if a Product being store is coming to the end of its drinking life.
17.5 Reserves can only be made and withdrawn in multiples of one case.
17.6 If you would like Product(s) withdrawn from those held in Reserve for you, you will need to notify us of this in writing specifying a delivery option in accordance with clause 12 above. An invoice for the delivery charges will be made which will need to be settled in cleared funds in accordance with clause 16 following which we will send you a Dispatch Confirmation for those Products.
17.7 Reserves will be insured by us 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 our 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, we can only try to ensure that full compensation is received in cases of loss.
17.8 We may require any customer instructions to deal with Reserves to be confirmed in writing before acting on those instructions.
17.9 The fine wine industry is not regulated and Vintage 1947 Limited is not a financial institution. As such, we do not give financial advice or any guarantee about the potential increase in a Product’s value.
18. Our liability if you are a business
This clause 18 only applies if you are a business customer.
18.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
18.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
18.3 Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
18.4 Subject to clause 18.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed, in respect of any single claim, the Order value including any VAT, duty and delivery charges of the Order that gives rise to the claim.
18.5 We shall to be liable to you for ullages or for any deterioration in the condition of any wine (which can occur naturally to all wines no matter how well cared for), whether that wine is in Reserve storage with us or stored separately by or on your behalf.
18.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
19. Our liability if you are a consumer
This clause 19 only applies if you are a consumer.
19.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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 this contract.
19.2 We only supply the Products for domestic and private use. You agree not to use the product 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.
19.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
20. Events outside our control
20.1 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 is defined below in clause 20.2.
20.2 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 (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or 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.
20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
21. Communications between us
21.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
21.2 If you are a consumer you may contact us as described in clause 1.2.
21.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. Other important terms
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, neither you nor we will need the consent of the recipient of your gift of a Product to cancel or make any changes to these Terms.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
22.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Schedule 1: Cancellation periods
- Your Contract is for a single Product (which is not delivered in instalments on separate days): The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
- Your Contract is for either of the following: one Product which is delivered in instalments on separate days, or multiple Products which are delivered on separate days: The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
- Your Contract is for the regular delivery of a Product over a set period: The end date is 14 days after the day on which you receive the first delivery of the Products. Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
Schedule 2: Model cancellation form
TO: 1947 Vintage Limited 63 Highgate High Street, London N6 5JX, rwv@rarewinevintages.com [AND FAX NUMBER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],Ordered on [*] / received on [*],
Name of consumer(s): …………………………………
Address of consumer(s): ………………………………
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate[EHH1] 63 Highgate High Street, Highgate London N6 5JX
This page (together with our Privacy Policy, Terms of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Any reference to “Business Day” in these Terms shall mean a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website rarewinevintages.com. We are Vintage 1947 Limited, a company registered in England and Wales under company number 08638288 and with our registered office at 63 Highgate High Street, Highgate London N6 5JX (We/Us). Our VAT number is 179508566 GB.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at rwv@rarewinevintages.com informing us of the details of your cancellation in the prescribed form set out in Schedule 2 of these Terms or contact our team by telephone on 07714763137 or by post to 63 Highgate High Street, Highgate London N6 5JX. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 07714763137 or by e-mailing us at rwv@rarewinevintages.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business:
You may contact us by telephoning our customer service team at 07714763137 or by e-mailing us at rwv@rarewinevintages.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 21.3.
2. Our Products
2.1 Any images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging (if any) of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old. If you are buying a Product as a gift the recipient must also be 18 years of age or older.
5.2 At the time of delivery of your order, we may or our agents may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced we may or our agents may refuse to deliver the order.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and our Privacy Policy, Terms of Website Use and Cookie Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or referred to in them or our Privacy Policy, Terms of Website Use and Cookie Policy.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 To place an order for a Product, you will first need to make an enquiry by either (Enquiry):
(a) using an enquiry/contact form on our site;
(b) making an enquiry through “Wine Searcher” (www.wine-searcher.com)
(c) sending an email to rwv@rarewinevintages.com
(d) calling our sales representatives on 07714763137 in each case you will need to specify (i) the type of Product you would like to purchase (ii) the quantity of the Product you would like to purchase and (iii) whether you want the Product to be stored in our reserves storage facility (which will be stored in accordance with clause 17) (Reserves) or delivered to you.
7.2 After you have made an Enquiry, you will receive an e-mail from us confirming (Enquiry Confirmation):
(a) whether or not we have the Product(s) you have enquired about in stock;
(b) whether or not we have the quantity of Product(s) in stock you have specified in your Enquiry; and
(c) the delivery, collection and storage options and quotation for the Products you have enquired about.
7.3 An Enquiry Confirmation shall not constitute an offer. A quotation provided in an Enquiry Confirmation shall only be valid for a period of 20 Business Days from its date of issue.
7.4 Once you have received an Enquiry Confirmation from us, to proceed with an order you will need to reply to our Enquiry Confirmation email confirming your order for purchase, your preferred delivery or collection method and location for delivery or storage instructions for the Products (if applicable) (Order). All Orders made incorporate these Terms.
7.5 The Order shall only be deemed to be accepted when we issue a written (emailed) acceptance of the Order together with a corresponding invoice for that Order (Order Confirmation) at which point the Contract shall come into existence.
7.6 Subject to us receiving satisfactory payment of our invoice in cleared funds in accordance with clause 15 below, we will send you an e-mail that confirms that the Products have been dispatched (in accordance with your chosen delivery method and location) (Dispatch Confirmation) or placed in our Reserves (Reserves Confirmation).
7.7 If we are unable to supply you with a Product, for example because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 15.5, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery or storage costs charged as soon as possible.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3 and as specified in the table set out in Schedule 1 to these Terms. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund – provided the Product is returned as sold.
9.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the Schedule attached to these Terms.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at rwv@rarewinevintages.com setting out the details of your cancellation in the prescribed form set out in Schedule 2 to these Terms or contact our team by telephone on 07714763137 or by post to 63 Highgate High Street, Highgate London N6 5JX. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
9.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.7;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.5 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.6 We will refund any amounts to the bank account from which we received payment from you for the Order.
9.7 If a Product have been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, or hand it to our authorised carrier. Any Product returned to us must be sent to: 63 Highgate High Street, Highgate, London, N6 5JX [EHH1]. For further information about our authorised carrier and how to arrange a return please email rwv@rarewinevintages.com. If we have offered to collect the Product from you, we will collect the Product from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Product is faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Product to us. We estimate that if you use the carrier which delivered the Product to you, these costs should not significantly exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We will charge approximately the same amount as our standard rate of delivery to the Delivery Location (as defined below) address for the collection of Product.
9.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. Guarantee for post 2000 PRODUCTS
10.1 Notwithstanding the cancellation rights for consumers set out in clause 9, any Products produced post the year 2000 are guaranteed for a period of 1 month from the date of delivery. In the event that a Product is found to be spoiled, corked or oxidised and is within guarantee please notify us by email within 2 days of opening so that may have the opportunity to verify the claim. We will provide a replacement or a full refund for spoiled Products covered by the guarantee in which case you must not discard the Product or the cork for that Product as we may need to collect if for analysis/return to the winery.
10.2 We reserve the right to refuse a refund or replacement under this guarantee where:
(a) the Product has been in the recipient’s possession for more than 1 month from the date the Product(s) were delivered;
(b) The Product was produced before the year 2000.
(c) The Product has been discarded or the cork has not been made available for analysis;
(d) The Product has been wilfully damaged, not been stored in suitable conditions;
(e) The defect in the Product has been caused by accident or negligence by you or by any third party.
(f) The Product is not to the recipient’s liking and there is no fault with the Product.
11. PRE-2000 PRODUCTS
11.1 While we aim to ensure that all of the Products we sell are of the highest quality we do not offer any quality assurance guarantees for Products produced before the year 2000 and Products that we sell that pre-date the year 2000 may have low ullage levels and shall be sold subject to their description.
11.2 We advise our customers to carefully read the descriptions of any pre-2000 Products before deciding to make any purchases as this may affect your statutory rights.
12. Delivery
12.1 At the time you place your Order you will need to specify one of the following:
(a) the location delivery you would like us to deliver the Products to (Delivery Location);
(b) that you will collect the Products from our storage facility at Octavian Vaults, Corsham Cellars, Eastlays, Gastard, Corsham, Wiltshire, SN13 9PP
(c) that you would like the Products to be transferred to your own storage facility at Octavian Vaults.
12.2 There will be no charge if you choose either option 12.1(b) or (c).
12.3 For deliveries to Delivery Locations:
(a) The carrier used for deliveries shall be entirely at our discretion.
(b) Our delivery charges apply to deliveries between 8am and 6pm Mondays to Fridays. We reserve the right to apply an order surcharge for any delivery times specified outside these hours.
(c) Unless otherwise agreed in writing, our standard delivery criteria are that when an Order has been received by 12 noon on day zero, delivery will be day three, excluding Highlands / Borders and certain other difficulty postcodes, details of which can be supplied on request.
(d) We shall use our reasonable endeavours to adhere to published delivery days and specified delivery times. However, we shall not be liable for missed deliveries and must reserve the right to alter delivery days and times without notice.
12.4 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 20 for our responsibilities when this happens.
12.5 If no one is available at your address to take delivery, we will leave you a note that the Product(s) have been returned to our premises, in which case, please contact us to rearrange delivery (for which you will be responsible for the additional re-delivery charges)
12.6 Delivery of an Order shall be completed either:
(a) when the Products are transferred to your Octavian Vault storage facility;
(b) when you or a carried organised by you collect them from our storage facility (in accordance with clause 12.1(b));
(c) when we deliver the Products to your Delivery Location; and the Products will be your responsibility from that time.
12.7 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 12.8 only applies if you are a consumer.
12.8 If we miss the delivery deadline for any Products set out in the Dispatch Confirmation then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us (in writing) before we accepted your Order that delivery within the delivery deadline was essential.
12.9 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 12.8, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
12.10 If you do choose to cancel your Order for late delivery under clause 12.9 or clause 12.10, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
13. Breakages
13.1 We will replace any Product broken in transit be it your own personal Product or a gift to your customers, friends and family. However, please ensure that you check both the number of parcels and condition of any Products you accept delivery of as we will not be held liable for or accept responsibility for any breakages once you have taken delivery of the Product.
14. No international delivery
14.1 Unfortunately, we do not delivery to addresses outside the UK.
14.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK (for example a UK port from which you will be responsible for and arranging the requisite shipping to your delivery destination).
15. Price of products and delivery charges
15.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 15.5 for what happens if we discover an error in the price of Product(s) you ordered.
15.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
15.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
15.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you in our Enquiry Confirmation, before you confirm your Order.
15.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you (in writing) as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
16. How to pay
16.1 Unless we agree other payment terms, invoices to consumer customers and business customers must be paid within 5 Business Days after the invoice date; and
16.2 You can only pay for Products by bank transfer (telegraphic transfer) to such account as we may direct you to make such payments from time to time.
16.3 Payment for the Products and all applicable delivery charges is in advance and the Products will not be dispatched until we are in receipt of cleared funds for the full amount of the invoice relating to that Order or instruction.
16.4 If any amount remains unpaid after the due date for payment, then we reserve the right to do any or all of the following:
(a) Charge interest at 2% per month on any amount remaining unpaid after the due date, calculated from the due date until the actual date of payment;
(b) Suspend any future deliveries to you; and/or
(c) Require payment of all other unpaid amounts invoiced to you (whether or not then due and payable)
(d) Cancel the Contract
16.5 All payments to be made by you shall be made in full, without any deduction, withholding, set-off or counterclaim.
17. Reserve storage
17.1 We offer storage facilities to our customers for Products purchased from us.
17.2 Storage charges for Products stored by us in accordance with this clause 17 (Reserves) 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 and are to be paid in accordance with clause 16 on receipt of an invoice for those charges. Our storage rental year runs from 01 January to 31 December. A list of Reserves will be sent to the customer annually in December with an invoice for storage for the year ending on the immediately preceding 31 December.
17.3 Failure to settle the invoice for storage and handling charges give us the right, after giving due notice, to sell any Products held to your account in the Reserves. The proceeds of sale, net cost of disposal, will be credited to your account to offset against the Reserve rental debt.
17.4 In the event that we lose contact with you, after taking reasonable steps to locate you, then we have the right to sell any Products held to your account in the Reserves. The proceeds of sale, net costs of disposal, will be credited to your account with us. This might be done if a Product being store is coming to the end of its drinking life.
17.5 Reserves can only be made and withdrawn in multiples of one case.
17.6 If you would like Product(s) withdrawn from those held in Reserve for you, you will need to notify us of this in writing specifying a delivery option in accordance with clause 12 above. An invoice for the delivery charges will be made which will need to be settled in cleared funds in accordance with clause 16 following which we will send you a Dispatch Confirmation for those Products.
17.7 Reserves will be insured by us 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 our 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, we can only try to ensure that full compensation is received in cases of loss.
17.8 We may require any customer instructions to deal with Reserves to be confirmed in writing before acting on those instructions.
17.9 The fine wine industry is not regulated and Vintage 1947 Limited is not a financial institution. As such, we do not give financial advice or any guarantee about the potential increase in a Product’s value.
18. Our liability if you are a business
This clause 18 only applies if you are a business customer.
18.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
18.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
18.3 Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
18.4 Subject to clause 18.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed, in respect of any single claim, the Order value including any VAT, duty and delivery charges of the Order that gives rise to the claim.
18.5 We shall to be liable to you for ullages or for any deterioration in the condition of any wine (which can occur naturally to all wines no matter how well cared for), whether that wine is in Reserve storage with us or stored separately by or on your behalf.
18.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
19. Our liability if you are a consumer
This clause 19 only applies if you are a consumer.
19.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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 this contract.
19.2 We only supply the Products for domestic and private use. You agree not to use the product 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.
19.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
20. Events outside our control
20.1 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 is defined below in clause 20.2.
20.2 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 (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or 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.
20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
21. Communications between us
21.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
21.2 If you are a consumer you may contact us as described in clause 1.2.
21.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. Other important terms
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, neither you nor we will need the consent of the recipient of your gift of a Product to cancel or make any changes to these Terms.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
22.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Schedule 1: Cancellation periods
- Your Contract is for a single Product (which is not delivered in instalments on separate days): The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
- Your Contract is for either of the following: one Product which is delivered in instalments on separate days, or multiple Products which are delivered on separate days: The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
- Your Contract is for the regular delivery of a Product over a set period: The end date is 14 days after the day on which you receive the first delivery of the Products. Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
Schedule 2: Model cancellation form
TO: 1947 Vintage Limited 63 Highgate High Street, London N6 5JX, rwv@rarewinevintages.com [AND FAX NUMBER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],Ordered on [*] / received on [*],
Name of consumer(s): …………………………………
Address of consumer(s): ………………………………
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate[EHH1] 63 Highgate High Street, Highgate London N6 5JX
Alcohol Wholesaler Registration Scheme (AWRS):
XKAW00000102708
XKAW00000102708
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