Terms & Conditions of Business
1 In these terms and conditions of business the following words and expressions have the meaning shown:
“Conditions means the terms and conditions (and any additional terms and conditions agreed between you and us in writing). “Contract” means the legally binding contract between you and us for the sale or procurement of supply to you of the product. “Delivery Date”: means the date the Product is delivered to the Warehouse (where your Product is stored) by the supplier or delivered to you by the supplier or us (where you store the Product) as provided for in these conditions.
“Payment” means the receipt into our bank account as cleared effects for the purpose of procuring the Product. “Amount Deposited” means the amount as described in the Sales Order (including our commission). “Product”: means the wine recommended to you by Aston Lovell Ltd. “Trading Account Agreement”: means the order document for the Product issued by us to you and which is accepted by you when you sign and return the same (or facsimile thereof) to us. “Service”: We will act as your agent or broker to procure the Product for you in accordance with your selection and at your instructions and for which you will pay us the commission shown in the Sales Order. “Supplier” means the person or company which supplies the Product to us or to our direction. “Warehouse”: means the United Kingdom Government Bonded storage facility which we use to store the product on your behalf. “We”, or “Us”, or “Our”, means or refers to Aston Lovell Limited whose registered office is at Meridian House, 7 The Avenue, Highams Park, London E4 9LB.
1.1 By signing and returning the Trading Account Agreement to us, you are accepting our offer to supply you with (or to procure the supply to you of) the Product. The contract will be formed when we receive the signed Trading Account Agreement and payment has cleared into our bank. 1.2: Subject always to your rights under regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel this order at any time up to and during the period of seven working days from the date when you receive the ownership documents for your purchase by sending us a notice in writing of your intention to cancel the order. 1.3: We will begin purchasing the Product from the Supplier as soon as is reasonably possible following the receipt by us of the Trading Account Agreement and pre-deposited funds. Any purchase of any product will only be made with your pre-arranged consent. 1.4: In view of the nature of the Product, it is possible that between the date of your instruction and the date when we submit our Order to the Supplier, the Price for the Product has changed or the Product may no longer be available. In this event, we will notify you of the situation and offer you an alternative. 1.5: In the event you accept an alternative Product under condition 1.4 the purchase will proceed as described above. If you are not happy to accept the alternative product we will suggest a different product.
We will notify you of Delivery Date as soon as we receive that information from the Supplier. If we do not hear from the Supplier within 30 days of submitting an order for 2.1: the product, we will write to you explaining the position and when we are likely to expect delivery. 2.2: We will arrange delivery of the Product to the Warehouse for storage.
STORAGE AND REMOVAL
3.1: We will store the Product on your behalf at the Warehouse which will contain equipment suitable for storage of the Product in a controlled environment. 3.2: You will pay the prevailing storage and insurance cost to us at the prevailing rate.3.3: If at any time the Product is removed from the Warehouse whether following a sale or your request for the Product to be delivered to another storage facility, you will be liable for and will pay the costs of such removal. 3.4: We will notify you in advance of the costs of such removal and we will be entitled to remove the Product from our insurance policy from the time it leaves the warehouse. 3.5: The risk of any damage or loss to the product resulting in its removal as described in condition will pass to you at the time the Product leaves the Warehouse. You will be responsible from that time for insuring the Product against damage or loss
TITLE & DOCUMENTATION
4.1: Title in the Product will pass to you immediately following the purchase by us from the Supplier and Payment in full. 4.2: We will provide you with proof of ownership in relation to the product as issued by the Warehouse once the Product is received at the Warehouse. In case of “en primeur” product and due to the nature of such Product certification of ownership cannot be made until the Product is in a bottle and received at the Warehouse.
SALE OF PRODUCT
5.1: You may instruct us at any time to sell the product and arrange for its sale on your behalf. 5.2: We will sell the Product at the prevailing market price for the fee stated in the Trading Account Agreement.
6.1: You appoint us to be your agents for the purpose of retaining storage of the Product at the Warehouse and in relation to the Product on your behalf.
7.1: The Price is inclusive of all taxes and import duties to the Warehouse. VAT will be charged on purchase/sales commission.
LIABILITY & WARRANTY
8.1: The nature of the product and the fact that we are not involved in its production means we do not give any warranty or make any representations as to: (a): The suitability of the Product for any purpose whether for consumption or as an investment for you or otherwise. You agree that if you choose in your sole discretion to treat the Product as an investment as with all investments the value of the Product can fluctuate and past returns on similar products are no guarantee that such returns will be repeated; or (b) The condition of the Product at any time. 8.2: We do warrant that, (a) We will engage only suitably qualified third parties to provide the Warehouse facilities and (b) We will ensure the insurance described in these Conditions is provided only by reputable insurers, and (c) We will perform the service described in these Conditions with reasonable skill, care and diligence. 8.3: Our total aggregate liability to you for claims arising out of or in connection with the Contract shall not exceed the price paid by you for the Product which gives rise to such claim or liability. 8.4: Except as set out in these conditions we will have no liability to you arising out of the Contract, whether the liability arises in contract, tort (including negligence) from statute or otherwise.
9.1 The contract between you and us will be governed by and interpreted in accordance with English Law.