Terms and Conditions

The terms outlined below are important, apply to all transactions and are based upon orders
which are accepted by the company. They will continue to apply to all transactions going
forward unless or until modified by written agreement between us.

  1. Definitions
    “Contract” means the contract for sale and purchase of Goods in accordance with these
    Terms.

    “Customer” means the person, firm or company who accepts the Seller’s quotation for the
    sale of Goods, orders the Goods and whose order for Goods is accepted by the Seller.

    “Goods” means all those products and services supplied by the Seller.

    “Seller” means Quintessentially Wine Limited.

    “Terms” means the standard terms and conditions of sale of the Seller as set out in this
    document to which all Contracts shall be subject. These Terms supercede any terms and
    conditions of the Customer.

    “Orders” means a request by the Customer for Goods subject to these Terms.

    The headings in these Terms are for convenience only and shall not affect their interpretation.

  2. Prices and Contract
    Unless otherwise specified, prices quoted on associated price lists are:

    • Per case as indicated.
    • Exclusive of VAT, excise duty and delivery charges.
    • Provisional and subject to our confirmation, upon acceptance of order.

    All Orders are accepted by the Seller only under these Terms and these Terms shall be the
    sole terms and conditions of any sale by the Seller to any Customer. The Terms may not be
    altered except with the written agreement of the Seller. Any contrary or additional terms
    unless so agreed are excluded. The placing of an Order for or the acceptance of Goods by the
    Customer shall indicate unqualified acceptance of these Terms.

    Orders are accepted by the Seller subject to availability of Goods at the time of delivery.
    Substitutions for out of stock items will only be made with the customer’s agreement.

    These Terms supersede all previous oral or written representations, undertakings and
    agreements relating to the Goods.

    The Seller shall not be liable in respect of any misrepresentation made by the Seller its
    employees or agents to the Customer as to the condition or quality of the Goods as far as
    English law allows or unless the representation is made or confirmed in writing by the Seller.

    While the Seller takes every precaution in the preparation of its literature these documents are
    for the guidance of the Buyer only and statements therein shall not constitute representations
    by the Seller and the Seller shall not be bound by them. Any typographical, clerical or other
    error or omission in any sliterature, price list, acceptance of offer, invoice or other document
    or information issued by the Seller shall be subject to correction without any liability on the
    part of the Seller.

  3. Payment
    The Seller is not authorised by the Financial Conduct Authority (FCA) to provide credit to
    consumers. Payment is therefore due at the time of order. We reserve the right to cancel
    orders if we have not received payment.

    Payment may be made by bank transfer or certain debit and credit cards. Overdue sums carry
    interest from the date when payment becomes due at 5% per annum above the base rate of the
    Bank of England 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.

    Unless specified, all prices are quoted exclusive of Value Added Tax which is payable at the
    rate ruling at the date of Order unless zero rated or exempt from VAT.

    The prices of Goods are subject to alteration without prior notice. Specifically (and without
    limiting the foregoing) prices are subject to alteration to reflect changes in duty or foreign
    exchange rates and variations in the prices charged to the Seller by their suppliers.

  4. Title and Risk
    The Seller shall retain the title to all goods until all sums including any storage fees and
    Value Added Tax due from the buyer are paid in full.

    Without prejudice to the foregoing none of the Goods are supplied on a “sale or return” basis.

  5. Delivery
    Orders will be dispatched to the customer’s nominated delivery location in accordance with
    the delivery notification given at the time of Order. If you wish to change the delivery
    address you may do so by notifying us in advance or your estimated delivery date and paying
    any additional charges which may become due. The Seller will not be responsible for any
    reverse logistics resulting from a delivery which is made to the (un-amended) address we
    have on file for your delivery.

    The Seller reserves the right to transfer undelivered stock to storage if you have not informed
    us of a delivery location within one month following notification that it is ready for delivery.
    The customer will be liable for all storage fees and associated booking in, handling etc. fees.

    Any indication as to when products will be available for delivery or collection is an estimate
    only and is not intended to be binding. We will notify you once products are available.
    National or international transport may be arranged by us as your agent at the rates of charge
    indicated.

    We will not be held responsible for delays or changes to international shipping schedules..All
    orders are subject to 4-24 week shipping cycles unless agreed with written confirmation. Any
    communication of when goods are to be made available for delivery or collection is an
    estimate and is not intended to be binding. We will notify you once goods are available and
    you must give at least 72 hours’ notice before collection.

  6. Acceptance
    You undertake to inspect all goods when collecting or immediately on delivery and to notify
    us 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 upon your
    acceptance, and thereafter will not be entitled to reject products for any reason, and no returns
    or credits will be permitted thereafter.

  7. Default
    If any payment is overdue for 14 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 7
    days thereafter we shall be at liberty to do so unless payment in full is received or the goods
    are collected before the close of business on the seventh day. Any method of resale is entirely
    at our discretion.

    Upon resale you will receive a credit of 80% of the lower of the net proceeds of the resale
    and the price of our original sale to you. Any balance after the credit shall remain payable by
    you and shall continue to carry interest. The existence of this right does not affect any other
    remedies we would have.

  8. Force Majeure
    We shall not be liable for any failure to meet our obligations occasioned by circumstances
    beyond our reasonable control.

  9. Description/Quality
    We will act in good faith when purchasing all products, but we will not be responsible for the
    condition of products or whether the product corresponds to the qualities which might be
    expected from its description.

  10. Orders
    The placing and accepting of oral orders, or orders communicated through any electronic
    means, such as email, shall form a contract on these terms, conditional upon our written
    confirmation of order which may be by the delivery of an invoice or via an email
    confirmation.

  11. Storage
    You will have 30 days of storage without charge and following that date will be charged
    storage in accordance with our storage tariff which is currently £18 inclusive of VAT per
    year or part there of.

    Goods maybe stored in the United Kingdom or France.

  12. Jurisdiction
    All contracts are made under English Law and are subject to the exclusive jurisdiction of the
    courts of England and Wales.

  13. Returns
    Returns are permitted if the Goods were delivered to the Customer incorrectly (these should
    be reported to the Seller within 3 working days of delivery). Authorised returns must be
    arranged in advance to allow sufficient time for collection documentation to be raised. The
    returned goods must be the same goods as those supplied, no substitutions are permitted.
    Goods must be returned in exactly the same condition as they were supplied.

  14. Warranty
    The Seller warrants that the Goods will correspond with any description given in its price list
    and be of satisfactory quality and will comply with all applicable UK legislation governing
    the sale of the Goods and the Seller will at its option refund the purchase price of, or replace
    free of charge any Goods which its examination confirms are defective provided:

    • Customer makes a full inspection of the Goods immediately upon delivery;
    • Customer notifies the Seller immediately of any defects which it discovers;
    • Customer provides a proof of purchase;
    • Customer has stored the Goods in a suitable environment and at the appropriate
    temperature; and
    • Goods are either made available to the Seller for inspection or returned to the Seller in
    their original condition and packaging, as the Seller may request.

    In no circumstances shall the Seller’s liability to the Customer for any breach of warranty
    exceed the price paid for the Goods in respect of which the claim is made.

    Except as provided for in these Terms there are no warranties, express or implied, of fitness
    for a particular purpose or of any other kind except as to title. In particular, all Terms and
    warranties which would otherwise be implied by statute or under common law are hereby
    excluded to the fullest extent permitted by law.

    No refund, credit or replacement will be given for out of date Goods unless they are validly
    rejected for being out of date when delivered to the Customer.

  15. General
    Nothing in these Terms shall exclude or restrict the Seller’s liability for death or personal
    injury resulting from the Seller’s negligence.

    The Seller shall under no circumstances be liable to the Customer for any claim (whether
    arising in or for contract, tort (including negligence) breach of statutory duty,
    misrepresentation or otherwise) under or in connection with these Terms for any indirect,
    special or consequential loss or for any loss of anticipated profit or third party claims
    howsoever arising either from breach or non-performance of any of its obligations under the
    Contract or from the supply of or intended used of the Goods, even if the Seller has been
    advised of the possibility of such potential loss.

  16. Data Protection

    The Customer consents to the processing by or on behalf of the Seller of personal data (as
    defined by the Data Protection Act 1998) supplied by the Customer or held by the Seller for
    the purposes of administering the Customer’s account and processing any orders. The
    Customer consents to the use of such personal data for direct marketing purposes. The
    Customer’s statutory rights under The Data Protection Action 1998 remain unaffected.