Terms and Conditions

Comments
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 supersede 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 literature, 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 overning 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.

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