1. Definitions
These are terms and conditions (“Terms”) on which you can sell your Wine to us.
In this Agreement, terms defined below and elsewhere in the Agreement have the specific meanings provided:
Account
Our bonded warehouse wine depository account held at London City Bond or such other account notified by us from time to time in writing;
Agreement
Means the Agreement between The London Wine Cellar (“us”) and the Seller (“you”), consisting of the sale acceptance form, Purchase Agreement and these Terms (and any document referenced within them), as may be updated from time to time in accordance with these Terms;
Business Day
Any day which is not Saturday, Sunday or a public holiday in England;
Cancellation Period
The period from the date of the Request for Valuation to the date upon which payment is made by us to you (in full) for the Wine, during which time, you can decide not to proceed with the sale of the Wine to us;
Collection Date
The date detailed in the Sale Acceptance Form or as otherwise agreed in writing between you and us;
London City Bond
The bonded warehouse operated by London City Bond Limited (company number 2246348) with registered office at Olympus, 91-101 River Road, Barking, Essex, IG11 0EG;
Normal Business Hours
09.30 to 17.30 local UK time on a Business Day;
Location
The location(s) detailed in the Sale Acceptance Form where the Wine will be collected by or on behalf of The London Wine Cellar;
Price
The price payable for the Wines (excluding VAT and other taxes), as detailed in the Sale Acceptance Form or as otherwise varied in accordance with clause 7.3;
Quality Checks
Means the visual quality checks to be made by or on behalf of The London Wine Cellar and as further detailed in clause 7.3;
Request for Valuation
A request for The London Wine Cellar to value the Seller’s Wine, including full details of the Wine, which can be placed by completion and submission of the form to be found at: https://thelondonwinecellar.com/wine-valuation or otherwise by contacting The London Wine Cellar;
Sale Acceptance Form
The London Wine Cellar Sale Acceptance Form sent to you by us accepting your offer to sell the Wine or the Purchase Agreement signed by us and you;
Seller / you
Means an owner of the Wine who sells Wine to The London Wine Cellar;
The London Wine Cellar / us
Is a trading name of Hatton & Edwards Fine Wine Merchants Limited, a company registered in England and Wales, with company registration number 08699895 and whose registered office is at Unit 2 & 3 Granita Court, 9 Cross Lane, London N8 7GD, UK;
Transfer
The transfer of the Wine from the Seller’s bonded warehouse account to our Account;
Valuation
Our valuation of the Wine sent by email or otherwise in writing;
VAT
Added tax, and any other tax imposed in substitution for it and any equivalent or similar tax imposed outside the UK; and
Wine
Any Wine to be sold by you under this Agreement.
Our Terms
2. These Terms
2.1. What these terms cover
These are the terms and conditions on which you can sell your Wine to us (“Terms”).
2.2. Why you should read them.
Please read these Terms carefully before you submit a Request for Valuation to us or otherwise contact us regarding the sale of your Wine. These Terms tell you who we are, how you can sell your Wine to us, how you and we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us at: wine@thelondonwinecellar.com to discuss.
2.3. We intend to rely on these Terms and the Sale Acceptance Form.
If you require any changes, please make sure you ask for them to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
3. Information About The London Wine Cellar And How To Contact Us
3.1. How to contact us.
You can contact us by telephoning us at 020 7 377 8097 or by writing to us at wine@thelondonwinecellar.com or Unit 2 & 3 Granita Court, 9 Cross Lane, London N8 7GD.
3.2. How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Request for Valuation or Sale Acceptance Form.
3.3. “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
4. Selling Your Wine
4.1. How to send a Request for Valuation.
If you wish to sell your Wine to us, you must first submit a Request for Valuation. You are required to complete our online Wine Valuation form at: https://thelondonWinecellar.com/Wine-valuation and upload your Wine list. It is your responsibility to provide us with an accurate list of the Wine you wish to sell.
4.2. Once we receive a list of the Wine, we will usually provide you with a Valuation within 48 hours. The Valuation is at no charge to you and will not impose an obligation on you to sell your Wine to us. The price quoted on the Valuation is based on our subjective opinion and knowledge of the wine market and is strictly subject to the Wine passing our Quality Checks.
4.3. The Valuation shall not constitute an offer.
Any purchase price offered by us within the Valuation shall not constitute an offer to buy your Wine. Quotations within the Valuation are only valid for a period of 14 days from the date of issue. The Valuation does not form a part of the Agreement between you and us.
5. Our Agreement With You
5.1. How we will accept your offer to sell Wine.
If you wish to sell your Wine to us for the purchase price quoted in the Valuation (the price being subject to our Quality Checks) you must follow our instructions contained in the Valuation. Read the Valuation and our Terms and Conditions carefully. If you wish to proceed to sell your Wine to us on the Terms press the “Proceed with Sale” button within the Valuation if emailed to you. Otherwise, contact us in writing to confirm you wish to proceed. Pressing the “Proceed with Sale” button or otherwise confirming you wish to proceed constitutes an offer by you to sell your Wine to us. If the offer is accepted by us we will notify you in writing of its acceptance (which is at all times subject to our Quality Checks) by way of the Sale Acceptance Form at which point a contract will come into existence between you and us.
5.2. If we cannot accept your offer to sell your Wine to us.
If we are unable to accept your offer to sell your Wine to us we will inform you of this in writing. This might be because of unexpected limits on our resources which we could not reasonably plan for; lack of demand; because we have identified an error in the Valuation; because we are unable to meet the Collection Date we have specified or for any other reason.
6. Collection And Transfer Of Your Wine To Us
6.1. Collection and Transfer costs.
The collection or Transfer costs will be as detailed within the Valuation or as otherwise notified by us in writing.
6.2. If your Wine is stored at a private Location.
If your Wine is stored at a private Location we will notify you of the Collection Date, which will be within 30 days after the date of the Sale Acceptance Form and within Normal Business Hours. If this is not convenient we will work to find an alternative mutually agreeable date.
6.3. If your Wine is stored at a bonded warehouse.
If your Wine is stored at a bonded warehouse you will need to arrange with the bonded warehouse for the Wine to be transferred to our Account as soon as reasonably possible and in any event within 7 days after the date of the Sale Acceptance Form.
6.4. We are not responsible for delays outside our control.
If the Collection Date is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement.
6.5. If we are not able to collect the Wine as agreed.
If no one is available at the agreed address on the Collection Date for the collection of the Wine to take place, or if we are unable to collect the Wine due to reasons within your control, we may charge you for any further collection costs and any other additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange the Collection Date we may end the Agreement and clause 8.9 will apply.
6.6. If the Wine has not been transferred when agreed.
If you fail to transfer the Wine to our Account as agreed, we may charge you for costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or you are unable to arrange a Transfer within reasonable time we may end the Agreement and clause 8.9 will apply.
6.7. Risk in the Wine.
If your Wine is stored at a private Location, the Wine will be your responsibility until the time we collect the Wine from you. If the Wine is stored at a bonded warehouse the Wine will be your responsibility until it is deposited in our Account.
6.8. When we own the Wine.
We own the Wine once payment has been made to you.
6.9. What will happen if you do not give required information to us.
We may need certain information from you so that we can comply with these Terms, for example, your address and contact information and confirmation that you own the Wine and have the full and unencumbered right to sell the Wine to us. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Agreement (and Clause 8.9 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for late performance of any of our obligations under these Terms if any delay is caused by you not giving us the information we need within a reasonable time of us asking for it.
7. The Wine And Quality Checks
7.1. Eligibility to sell your Wine.
To sell your Wine it must be owned by you. By entering into this agreement you confirm that you are the full, unencumbered owner of the Wine and that no one else has any rights over it.
7.2. You hereby agree to fully indemnify us and hold us harmless against all claims and liabilities (including both direct and indirect loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) (each being a claim) claimed, threatened, awarded against, incurred or paid by us as a result of or in connection with the ownership of the Wine.
7.3. Quality Checks.
Following collection or transfer of the Wine we will complete our Quality Checks as soon as reasonably possible but in any event within 5 Business Days (i) of our receipt of the Wine, where it comes into our physical possession (ii) of the Wine being deposited in our Account, where the Wine is held at a bonded warehouse. If your Wine does not pass our Quality Checks we will inform you of this in writing and we may either end the Agreement (and Clause 8.9 will apply) or provide you with a revised valuation which reflects the quality of the Wine in the condition it is being sold to us.
7.4. Your options if you receive a revised valuation from us.
If the Wine does not pass our Quality Checks and if we provide you with a revised valuation, you can either proceed to sell the Wine to us for the revised price or end the Agreement (see Clause 8).
7.5. What will happen if we make an error in the Price of the Wine.
If we make an error in the Price we will notify you of this as soon as reasonably possible and will provide you with a revised valuation for the Wine. You can either proceed to sell the Wine to us for the revised price or end the Agreement (see Clause 8).
8. Your Rights To End The Agreement
Ending your Agreement with us.
8.1. If you want to end the Agreement because of something we have done, have failed to do or have told you we are going to do, see Clause 8.3;
8.2. If you are a consumer and have decided not to sell the Wine, see Clause 8.4. You will not be able to cancel the Agreement if you chose to do so outside the Cancellation Period.
Ending the Agreement because of something we have done or are going to do.
8.3. If you are ending the Agreement for a reason set out at clause 8.3.1 to clause 8.3.4 below the Agreement will end immediately and we will return your Wine to you or transfer it to your bonded warehouse account at our cost. The reasons are:
8.3.1. we have told you about an error in the Price of the Wine and you do not wish to proceed;
8.3.2. we have revised the valuation of your Wine due to it failing our Quality Checks and you do not wish to proceed (see Clause 7.4);
8.3.3. there is a risk that the Collection Date may be significantly delayed because of events outside our control; or
8.3.4. you have a legal right to end the Agreement because of something we have done wrong.
8.4. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then you have a legal right to change your mind within the Cancellation Period and decide you do not wish to sell your Wine to us. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
8.5. How long do you have to change your mind?
You can change your mind about selling the Wine during the Cancellation Period.
8.6. If you decide not to sell the Wine to us and the Wine has already been collected or transferred to us.
If you decide not to sell your Wine to us and the Wine has already been collected or transferred to us we will arrange for the Wine to be returned to you as soon as reasonably possible and in any event within 14 days from the date you informed us in writing that you do not wish to sell the Wine to us. We will cover the reasonable costs of the return of the Wine to you.
8.7. How to end the Agreement with us.
8.7.1. Tell us you want to end the Agreement. To end the Agreement with us, please let us know by doing one of the following:
8.7.1.1. Phone or email. Call customer services on 020 8038 2651 or email us at Wine@thelondonWinecellar.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.7.1.2. By post. Write to us at The London Wine Cellar, 2 & 3 Granita Court, 9 Cross Lane, London N8 7GD including details of why you want to end the Agreement and your name and address.
8.8. Our rights to end the Agreement
8.8.1. We may end the Agreement if you break it.
We may end the Agreement at any time by writing to you if:
8.8.2. you do not, within a reasonable time, allow us to collect the Wine from you or arrange for the Wine to be transferred to our Account;
8.8.3. We discover you are not eligible to sell the Wine in accordance with clause 7.1.
8.8.4. The Wine does not pass our Quality Checks; or
8.8.5. You do not provide us with necessary information as required by Clause 6.8;
8.8.6. We have a legal right to end the Agreement because of something you have done wrong.
8.9. If we end the Agreement in the situations set out in clause 8.8 we may charge you reasonable compensation for the administration costs we will incur as a result of your breaking the Agreement.
9. Price And Payment
9.1. The price for the Wine.
We will pay the Price for the Wine.
9.2. When we will pay for your Wine.
9.2.1. If the Wine has passed the Quality Checks, we will pay the Price to you as soon as reasonably possible and in any event within 14 days following the Quality Checks unless otherwise agreed in writing between you and us.
9.2.2. If the Wine does not pass the Quality Checks, and you decide to sell your Wine to us for a revised price given by us, we will pay you the revised price as soon as reasonably possible and in any event within 14 days after the day on which you informed us you wish to proceed unless otherwise agreed in writing between you and us.
9.2.3. If we inform you of an error in the Price and you decide to sell your Wine to us for a revised price given by us, we will pay you the revised price as soon as reasonably possible and in any event within 14 days after the day on which you informed us you wish to proceed unless otherwise agreed in writing between you and us.
10. Our Responsibility For Loss Or Damage Suffered By You If You Are A Customer
10.1. We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
10.3. When we are liable for damage to your property.
If we access your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
11. How We May Use Your Personal Information
How we will use your personal information. We will only use your personal information as set out in our privacy policy.
12. Other Important Terms
12.1. We may transfer this agreement to someone else.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
12.2. You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
12.3. Nobody else has any rights under this Agreement.
The Agreement is between you and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the Agreement or make any changes to these Terms.
12.4. No other terms apply.
These Terms constitute the entire agreement between you and us and replaces and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
12.5. If a court finds part of the Agreement illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6. Even if we delay in enforcing the Agreement, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.7. Which laws apply to the Agreement and where you may bring legal proceedings if you are a consumer.
These Terms are governed by English law and you can bring legal proceedings in respect of the Agreement in the English courts.