Terms and Conditions
1. Our Services
Capital Vintners Limited acts as a fine wine brokers and agents, working through a network of reputable third party merchants, traders and private individuals. We specialise in the buying, selling, storing and valuing of fine wine for investment and consumption purposes.
By placing an order for goods via of our Order Form / Invoice, you agree to our terms and conditions, including the Privacy Policy, as set out below. These do not affect your statutory rights.
2. General
We reserve the right to change, alter, adapt, add or remove provisions of these terms and conditions. If we do so we will post any such changes on our website. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this agreement and the remainder of the provision in question will not be affected.
We will not sell to or deal with any individual under the age of 18 years of age.
3. Orders
All Orders are an offer by you to purchase goods from us, in compliance with our terms and conditions, and an order will not form part of a contract until the customer has completed an order form. You are responsible for ensuring the accuracy of the details on this order form. The order has only been deemed to be accepted once this has been confirmed by e-mail, letter or telephone and the payment has cleared into Capital Vintner’s bank account. We reserve the right to refuse any order without providing an explanation.
The purchaser may cancel the order at any time but no later than on the seventh working day after the invoice being issued (please refer to paragraph on ‘cancellation’).
Unless otherwise agreed, all Orders are per standard case of 12x75cl bottles of the selected wine. Unless otherwise agreed, all Orders are in pounds sterling and price excludes VAT, duty, storage and other taxes or charges, which from time to time may apply.
4. Our Pricing
Each service is charged individually and will be clearly stated on the purchase order, which will be posted to you for your confirmation. It is up to the customer to ensure that these details are correct before signing and returning this to us.
We establish our own pricing structure, based on our own stock and stock that is available through our industry suppliers, at any given point in time. We therefore accept no liability for market fluctuations. We reserve the right to alter our prices at any given time, subject to availability. For the most up-to-date prices, please speak to one of our brokers.
Capital Vintners is a wine trader, not a retailer; as such, all prices quoted are ‘in bond’- meaning they are exclusive of UK duty and VAT.
5. Payment
We accept payments by cheques, bank transfers and by debit/credit cards. By placing an Order, you consent to payment being charged to your account, as provided on the order form. If a deposit is taken but full payment is not received by the agreed settlement date, we reserve the right to offer an alternative wine. If the price of wine increases before payment is received, then we reserve the right to request payment to meet this increase.
The customer warrants that all the details provided on the Order form for the purpose of purchasing the goods are correct, that the debit/credit card you are using is your own and that there are sufficient funds or unused limit available to cover the costs of the goods.
Upon purchase, titles to the goods will pass to the buyer, once payment has been made in full. All goods shall remain the property of Capital Vintners until all monies are paid in full. We reserve the right to withhold delivery of any goods, should full payment not be made. Upon payment, we will either issue you with an electronic receipt to your e-mail address or send a receipt to your address and stock shall be transferred into the private account of your choice.
6. Goods
We will purchase the goods from the supplier upon receipt of the order form and no later than thirty days following a cleared payment.
If the requested goods are not available, we reserve the right to offer you an alternative, although we will always endeavour to match your Order exactly. In the unlikely event that we substitute a product for you, the buyer shall be entitled to return the goods for a full refund, providing this is within 7 working days of the delivery date and the provisions of these terms and conditions as to cancellation shall not apply insofar as they are incompatible with this clause.
If you order en primeur wines, until physical delivery is received by you, your interest in the wine will be contractual rather than proprietorial.
7. Your Warranties to Us
In placing an Order with us you warrant to us as follows:
- You are over 18 and legally able to enter into an agreement with us and that the information you provide to us honest/accurate.
- You have read and understand these terms and conditions and understand that they are contractual terms that govern our relationship.
- You have exercised your own skill and judgment in deciding what (and at what price) to order and/or sell (and at what price).
- You understand that the value of vintage and/or investment wines can fall as well as rise.
- You understand that no warranty is made by us as to likely profits, demand or quality.
8. Delivery
Upon purchase, goods will be delivered to ‘Locke King Vaults’, or a previously specified location, for storage. At this point in time, risk in the goods shall pass onto you. We will pay any freight, carriage, insurance and other costs of delivery from the supplier.
Any dates quoted for delivery of the goods into bond are approximate only and Capital Vintners will not be held liable for any delay in the delivery of goods, however caused. If wine is purchased en primeur, the UK delivery of each vintage is usually around June or July, however, exact delivery dates may be subject to change.
We recommend that you will inspect the Goods after delivery by contacting the warehouse as soon as it is reasonably practicable and that you will notify us of any shortages, defects in the goods or any other complaint in respect of them within 10 working days from the date of the rotation number being issued. Except in the case of shortages or defects, if the buyer fails to comply with this clause, Capital Vintners will not be held legally liable in respect of any other complaint which should have been brought to our attention within this period.
You should note that we are only able to deliver to locations within the UK at present.
9. Storage
We will store the goods on your behalf at Locke King storage facility, unless otherwise specified. Goods will be stored in a controlled environment suitable for storing wine. (Locke King, c/o EHD London No.1 Bond Limited, Unit A, Vickers Drive North off Avro Way, Brooklands Industrial Park, Weybridge, Surrey, KT13 0YU). All goods will be stored in your own named account, under the management of Capital Vintners, under a rotation number that will be provided to you on receipt of payment.
For new customers, we will pay the first year’s storage and insurance costs, for the first case purchased. Storage and insurance for any further cases will be priced at £15 plus VAT, per case, per year.
If an arrangement is made prior to purchase, you may choose to store your goods elsewhere. Capital Vintners will invoice you if you choose to move your goods elsewhere upon or after delivery of the Goods at Locke King Vaults.
We shall not be liable for any damage or loss whatsoever resulting from removal of Goods from the warehouse on your request.
10. Agency
You appoint us to be your agents for the purpose of purchase, storage and sale of the Goods.
11. Sale of goods
We guarantee to sell your goods for at least the value of the current trading price. If the goods have been held for a period of less than 24 months from the date of purchase, we will charge you 10% of the total sale price by the customer.
However, if the goods have been held for 24 months or more after the date of purchase, we will charge the customer 10% of the profit made on the sale.
We can also be appointed to sell stock on the Liv-Ex trading platform. We charge a fee of 7% of the total sale price for this service, (however, stock must meet the terms and conditions set by Liv-Ex).
12. Limitation of Liability
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to the customer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this agreement, if the delay or failure was due to any cause beyond our reasonable control.
13. Intellectual Property and Website
The copyright in the material contained in this website and any trademarks and brands included in that material belongs to Capital Vintners Ltd. You may not download or copy the content and other down-loadable items displayed on the website, except for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
We will attempt to ensure that all information displayed on our website is correct; however, we will not be held responsible for any errors or omissions. We reserve the right to change, suspend or discontinue any aspect of the website without notice or liability.
14. Cancellation
You may cancel your Order within seven days of placing it. The date of the Order is the first day except where the goods have been ordered by us from a third party. By placing an Order you accept that our mutual dealings are speculative and subject to the financial wine markets and therefore fall outside the Distance Selling Regulations.
15. Queries and Complaints
Any query or complaint with us by you should be raised in writing at the first opportunity and we will endeavour to resolve it in a fair, amicable and timely way. In the event that we cannot resolve the dispute between us then our dealings shall be subject to the exclusive jurisdiction of the Courts of England. In any dispute the law governing its resolution shall be that of the Courts of England and Wales.
16. Taxation
We recommend that the Buyer takes advice from a tax expert regarding Capital Gains Tax on disposal of vintage wines. For CGT purposes a wasting asset is one with 50 years or less of predictable life. It is advisable that you dispose of wasting asset within 50 years of acquiring it in order that it remains classified as a wasted asset. Further details of this can be found on the HMRC website.
Glossary
For the purposes of this document:
- 'Buyer' means the person who buys or agrees to buy the goods from the Seller
- 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller
- 'Delivery Date' means the date specified by the Seller when the goods are to be delivered to the warehouse
- 'Warehouse' refers to bonded storage facility used by the Seller to store the goods on your behalf
- 'Goods' refers to wine, which the Buyer agrees to buy from the Seller and described on the Order Form/ Invoice
- 'Price' means the price for the Goods as described on the Order Form / Invoice
- 'Trading Price' means the current sale price of the wine by the Seller
- 'Order Form / Invoice' means the order document issued by the Seller to the Buyer, signed by the Buyer and returned to the Seller
- 'Supplier' means persons or companies supplying the Goods to Capital Vintners Ltd; and 'Seller' means Capital Vintners Ltd, 1 Cornhill, London, EC3V 3QD