Shipping & Returns Policy
1. Delivery
Delivery costs
1.1 The costs of delivery will be as displayed to you on our Website.
Delivery Timing
Goods.
1.2 We will deliver Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
Services
1.3 En Primeur:
(a) Delivery of En Primeur will not take place until we have taken possession of the relevant En Primeur stock.
(b) En Primeur wines are normally bottled after they come on to the market for sale and shipped some time thereafter. For some En Primeur wines shipping may be 2 to 3 years after the vintage. It is your responsibility to check this at the time of order.
(c) we will contact you when the wines are delivered to the UK to discuss storage and/or where the wines are to be delivered.
(d) Wines are stored in bond where they are held free of Duty and VAT until the delivery destination has been agreed. If delivery is to your home or office address and/or to an address which is not a “bond” address, duty, delivery and VAT will be charged at the prevailing rates. If delivery is ‘in bond’ to a storage account at another bonded warehouse delivery only will be charged at the prevailing rate.
(e) If you fail to take delivery of the wine or the wines are not delivered within one month of being available, or there has been an earlier indication from you that the wines are not to be collected and/or you fail to give us adequate instructions then we may:
(i) Store the wines until actual delivery to you or until the wine is disposed of;
(ii) you shall be liable for the costs of storage, and insurance of the wine, and/or any failed delivery charges or as the case may be;
(iii) we shall be entitled to send written notice to the invoice address of our intention to dispose and/or sell the wine in our possession unless:
i. payment has been received; or
ii. The wine has been collected by the end of the 7th working day after written notice has been given;
(iv) we shall sell the wine at the best price readily obtainable at that time, any method of resale is entirely at our discretion;
(v) Upon resale we shall receive a credit of 75% of the lower of the net proceeds of the resale and our original sale to you. Any balance remaining and/or if the wines are sold for a less than the price payable by you, then you shall be liable to pay us the difference in price and the amount due;
(vi) The amount payable shall also continue to accrue interest.
(vii) The Customer shall also be liable to pay any costs relating to the sale and any consequential losses incurred by us.
The existence of these rights does not affect any other remedies that we may/would have.
(f) Any delivery dates and times stated are approximate only and we shall not be liable for any delay in delivery of the wine, however caused.
(g) Time of delivery shall not be of the essence of the contract.
1.4 Cellar Plan
(a) Wines purchased within the Cellar Plan may be stored with us in accordance with Section 1, Schedule 1 (Storage) of the Terms of Use & Sale or be delivered to you in accordance with our normal terms of delivery as set out in Section 1.2 of this Policy.
1.5 Storage:
(a) Deliveries from the storage facility are governed by Section 1.2 of this Policy.
1.6 One-off Services: We will begin the Services on the date agreed with you during the order process and we will confirm this by email. The estimated completion date for the Services is as told to you during the order process.
1.7 Ongoing Services or a subscription to receive Goods: We will supply the Goods or Services to you until either the Services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 11 of the Terms of Use & Sale or we end the contract by written notice to you as described in Clause 12.
1.8 Collection by you. Where delivery is to take place by you collecting Goods from our place of business, you must collect the Goods within 14 days of us notifying you that the Goods are ready for collection. You can collect them from us at any time any time the retail shop is open, including weekends (opening hours are on the Website).
1.9 If you are not at home when Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
1.10 If you do not re-arrange delivery. If you do not collect Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 12.2 will apply.
1.11 If you do not allow us access to provide Services. If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 12.2 will apply.
1.12 Your legal rights if we deliver Goods late. You have legal rights if we deliver any Goods late. If we miss the delivery deadline for any Goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the Goods; or
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
1.13 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Section 1.7 you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
1.14 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Section 1.7 or 1.8 you can cancel your order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer Services on 0207 288 8888 or email us at enquiries@jeroboams.co.uk for a return label or to arrange collection.
1.15 We are not responsible for delays outside our control. If our supply of each Products is delayed by an event outside our control then 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 contract and receive a refund for any Products you have paid for but not received.
Transfer of risk in Goods
1.16 When you become responsible for the Goods. Goods will be your responsibility from the time we deliver them to the address you gave us or you or a carrier organised by you collect it from us.
(a) En Primeur: Risk of loss or damage to the wines shall pass to you when the wines are physically delivered to or collected by either you or your agent.
Transfer of title to Goods
1.17 When you own Goods. You own Goods once we have received payment in full.
(a) En Primeur: Until all sums due to us have been paid, we shall be entitled to retain possession of the wines or any other Goods to which you would otherwise be entitled and will also suspend any other deliveries/collections. Ownership of the En Primeur wines shall remain with us and will not pass to you until we have received payment in full of all other sums owed to us by you in cleared funds.
(b) Wines purchased and held ‘in bond’ as Reserves shall remain our property until payment has been received in full (in cash or cleared funds) for those wines (excluding VAT, duty and delivery charges); and
(c) Wines purchased and held ‘duty paid’ as Reserves, or not held as Reserves, shall remain our property until we have received payment in full (in cash or cleared funds) for those wines (including any applicable VAT, duty and delivery charges).
(d) In the case of wines purchased ‘En Primeur’, those wines may be stored in bulk in the region of their production. Until the wines are bottled and transferred to our bonded warehouse, they cannot be segregated and you may only have a contractual interest in them.
1.18 What will happen if you do not give required information to us. We may need certain information from you so that we can supply each Products to you, for example, delivery information and/or packing requirements. If so, this will have been stated in the description of each Products on our Website. We will contact you [in writing] 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 contract (and Clause 12.2 of the Terms of Use & Sale 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 supplying each Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
2. Returns
2.1 How to tell us about problems. Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer Services on 0207 288 8888 or email us at enquiries@jeroboams.co.uk for a return label or to arrange collection.
2.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person to where you bought them, post them back to us at 7-9 Elliot’s Place, London, N1 8HX or (if they are not suitable for posting) allow us to collect them from you. Please call customer Services on 0207 288 8888 or email us at enquiries@jeroboams.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the contract.
2.3 Returned wines:
(a) must be the same vintage as currently stocked;
(b) must be presented in full (original) cases;
(c) must be returned in a saleable condition with seals and neck capsules intact, and bottle labels must not be stained or damaged.
Note: wine can be destroyed very quickly by heat. Please ensure that you comply with our [storage guidelines], particularly if you wish to exercise any right of return.
2.4 We reserve the right to refuse to accept the return of Goods, or to credit the value of any returned Goods, which are not in a saleable condition. We will accept the return of wines which are corked, but we will refuse to accept the return of wines which are not in a saleable condition due to poor storage after delivery to you (damaged by heat, for example) unless notified within 48 hours of delivery to you. For wines being delivered from the Storage Provider, we will refuse to accept the return of wines which are not in saleable condition because it has passed its drinking age. Claims for breakages will only be allowed if the Customer notifies us immediately. The Customer must retain breakages and accompanying packaging for examination by us or our servants and/or agent.
2.5 When we will pay the costs of return. We will pay the costs of return:
(a) if Products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the Product(s) or these Terms of Use & Sale, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
2.6 What we charge for collection. If you are responsible for the costs of return and we are collecting each Product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our standard charge for orders under £125, as on Website. Drivers are only authorised to collect Goods that are included on a collection note. Any queries at the point of collection should be directed to our Customer services department. we will email and/or post the Customer a copy of the collection note prior to the collection if requested by you.
(a) Glass and/or Ice Bins must be washed before and after use. Any glasses or Bins not returned clean will incur a cleaning charge. Non returned or damaged glasses and /or ice Bins will be charged at the replacement cost. Replacements for non-returned or damaged loan glasses and/or Bins will not be accepted.
3. Refunds
3.1 How we will refund you. We will refund you the price you paid for each Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
3.2 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Section 2 for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amoun
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3 to 5 days at one cost but you choose to have each Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where each Product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
3.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If each Products are Goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive each Product back from you or, if earlier, the day on which you provide us with evidence that you have sent each Product back to us. For information about how to return a Product to us, see Section 2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind