1. These terms and conditions (“Terms and Conditions”) apply to and form part of every contract between the Company Group trading as the Jeroboams Group, comprising of the following companies;
1.1 Jeroboams Shops Limited a Company registered in England and Wales Registered No 02923018 and whose Registered Office is 43 Portland Road, London, W11 4LJ. (“Company”)
1.2 Laytons Wine Merchants Limited also known and trading as “Jeroboams Trade” a Company registered in England and Wales Registered No 03315645 and whose Registered Office is 43 Portland Road, London, W11 4LJ. (“Company”)
1.3 Mr Christian’s Limited a Company registered in England and Wales Registered No 07067623 and whose Registered Office is 43 Portland Road, London, W11 4LJ. (“Company”)
1.4 And its Customers (“Customer”). No Terms and Conditions which the Customer may seek to impose and/or variations of these conditions shall have any effect to this contract, subject to section 2 below. A Customer’s acceptance document, purchase orders or other documentation, received by The Company before or after notification of these Conditions, containing terms at variance with these Conditions, then every such term shall be of no effect, unless agreed by The Company.
2. In these conditions of sale and definitions:
2.1 In these Terms and Conditions: the following words have the following meaning, except where the context requires otherwise.
2.2 “The Company” means any of the business as set out in section 1 above.
2. 3 “Customer” means the person who buys or agrees to buy the goods from The Company.
2.4.1 “The Goods” means the goods, products, wines, articles and/or Services supplied by The Company. Any reference to “the Goods” may, where appropriate, include a reference to part of them and/or any part thereof.
2.4.2 “The Reserves” means the reserves, goods, products, wines, stored by The Company. Any reference to “the Reserves” may, where appropriate, include a reference to part of them and/or any part thereof.
2.5 “Delivery Address” means the address which the Customer specifies in the order, in particular the post code for the said address, as the place where The Company should deliver the Goods supplied in accordance with these Terms and Conditions of Sale.
2.6 “Fine Wine” The Company has a strict condition code regarding all wines, and comply with the industry standards such as Broadbent’s ullage guide. For full details see Appendix Two, Broadbent’s ullage guide. In the event that wines are out of condition for consumption. It will be at the discretion of The Company if any replacements be made available, without prejudice and/or omission of fault and/or obligation and subject to section 8 of these terms.
2. 7 The provisions of these Terms and Conditions of Sale shall unless the context otherwise requires be construed as follows:
2.7.1 Obligations and liabilities of the Customer comprising more than one person are obligations and liabilities of such persons jointly and severally.
2.7.2 Words implying one gender include all other genders.
2.7.3 The singular includes the plural and vice versa.
2. 8 Headings to clauses of these Terms and Conditions of Sale do not affect the interpretation or construction of these Terms and Conditions of Sale.
2.9 “Unit” The Company defines a unit as a case of wine, whatever the quantity of bottles it holds.
3. Terms of Sale
3.1 Unless otherwise stated herein these Terms and Conditions of Sale form the whole contract between The Company and the Customer and shall not be removed or varied in any way. No other express terms, written or oral, shall be incorporated into the contract.
3.2 These Terms and Conditions of Sale override any other terms which the Customer may subsequently seek to impose.
3.3 Only the Group Chief Executive Officer (CEO) and/or the Group Financial Director (FD) are authorised to remove or vary any of these terms or introduce any other terms, written, oral and /or by Email, into the contract, to agree any conditions precedent or enter into any collateral contract, or to accept any offer or counter-offer made by the Customer. No employee or agent is authorised to conclude any binding agreement on behalf of The Company with another party written, oral and /or by Email without express written confirmation by a Director of The Company.
3.4 Special conditions of sale also apply as follows and attached and set out in Appendix One attached and must be read in conjunction with these terms and conditions:
En Primeur Wines
Tastings, Dinners and Corporate Events
Wine and Spirit Investment
Reserves and Storage
Sale or returns
Gift Vouchers and Cards
The Company Website, Free Wi-Fi Public Access and Social Media
4.1 The Price of the Goods shall be that stated in the latest The Company price list current at the date of order unless otherwise agreed in writing with The Company’ subject to the clauses set out below:
4.1.1 The price list that may from time to time be displayed on The Company’s websites and /or its promotional material and only valid for the dates displayed.
4.1.2 The price of the Goods shall be the price stated in The Company’s quotation or such other price as expressly agreed by The Company and the Customer.
4.1.3 In the event of the price not being fixed by clause 4.1 the price shall be the price listed in The Company’s published list current at the date of order or the date that the contract is made whichever the earlier unless the price for the Goods have subsequently been revised from that list and/or website.
4.4 Where at any time before delivery of the Goods there is an alteration and /or an increase in the cost to The Company of the Goods or there are any currency fluctuations and/or variations and/or an increase in the cost of the Goods to The Company by its suppliers or changes in duty or the introduction of any new duty or charges, The Company may adjust the price accordingly without prior notice to the Customer.
4.5 Duty and Taxes will be charged at the rates prevailing at the time of dispatch.
4.6 Promotional offers, discounts, deductions, allowances and rebates which may or may not be specific to the Customer must be agreed in advance in writing and prices, including those on The Company’s website are as stated with no further discount and are only available if all sums due from the Customer to The Company are paid by the due date and are subject to clause 8 below.
4.7 Unless the contrary is shown and subject to these clauses; all prices are:
4.7.1 per unit, case and/or per bottle as indicated in the quotation and/or invoice.
4.7.2 Exclusive of VAT and duty (unless stated otherwise at the time of order in writing).
4.7.3 Exclusive of delivery charges which will be those in place at the time of delivery.
4.7.4 Provisional and subject to The Company’s confirmation, upon acceptance of order.
4.8 If the Customer requests The Company to purchase and/or find a special or specific wine on the Customer’s behalf the agreed price will become due upon The Company issuing the Customer an order confirmation and/or invoice for that purchase.
4.9 Any typographical, clerical or other error or omission in any quotation, price list, and acknowledgement of order, invoice or other document issued by The Company shall be subject to correction without any liability on the part of The Company.
5.1 Fulfilment of orders will be subject to availability and in the case of demand exceeding supply for whatever reason The Company may allocate goods between its Customers at its absolute discretion.
5.2 In the event that the Customer has placed an order for goods of a specified vintage and there are insufficient quantities of those goods that vintage to satisfy the order The Company reserves the right to either cancel the order with no loss to The Company or to fulfil the order with an alternative vintage and invoice the Customer with the price applicable whichever the greater, wholly at the discretion of The Company without any obligation to the Customer.
5.3 The Company may decline to accept an order in the event that acceptance of the same would result in the Customer exceeding its credit limit.
5.4 The Company reserves the right not to replace the goods and keep any credit against any debt or part thereof that the Customer may owe to The Company by the Customer.
5.5 No contractual obligation and/or liability is binding on The Company or shall arise until The Company:
5.5.1 Sends written acceptance of an order, which may also be by fax and/or email, or
5.5.2 Despatches the goods.
5.6 The Company will decline to accept an order sell and/or deliver alcohol to anyone who is, or appears to be under the age of age 18. By placing an order the Customer confirm that they are at least 18 years old. In the case of doubt The Company reserves the right not to deliver.
5.7 Any monies taken from any person under the age of age 18 will be held until the police or a parent and/or guardian provided written instruction as to where the same is to be paid. No refund will be given in cash in this case.
6.1 Delivery of the Goods shall be made by:
6.1.1 The Customer collecting them at The Company’s place of business or
6.1.2 Such other place that may be agreed with The Company, or By the Company delivering the Goods to such other place that may be agreed by The Company and the Customer. The Company is not liable for any theft or damage to the Goods if the agreed place is not safe or secure for the keeping of the said goods and are delivered to that location at the Customer’s own risk.
6.2.1 Where The Company delivers the Goods, the Customer will be charged The Company’s delivery charge in force at the time of delivery, except where the value of the Goods delivered is equal to or exceeds such sum as is determined by The Company from time to time, in which case The Company will deliver the Goods to a single address (in the UK mainland) nominated by the Customer free of charge.
6.2.2 Where The Company delivers the Goods, the Customer will be charged The Company’s delivery charge in force for the time being, except where the delivery charge is discounted from time to time as set out in the Company’s marketing material and/or The Company’s website in place as at the date of the invoice.
6.3 Where delivery is to take place by 6.1.1, the Customer collecting the Goods from The Company’ place of business, the Customer shall collect the Goods within 14 days of The Company notifying the Customer that the Goods are ready for collection.
6.4. If the Customer fails to take delivery of the Goods in accordance with clause 6.3 and/or If the Customer fails to take delivery of the Goods or the Goods are not delivered within one calendar month of being available, or there has been an earlier indication from the Customer that the Goods are not to be collected and/or the Customer fails to give The Company adequate instructions then The Company may:
6.4.1 Store the Goods until actual delivery to the Customer or until the Goods are disposed of under clause 6.4.3 below
6.4.2 The Customer shall be liable for the costs of storage, and insurance of the Goods, and/or any failed delivery charges or as the case may be under this clause.
6.4.3 Sell the Goods at the best price readily obtainable at that time, any method of resale is entirely at The Company’s discretion. The Company shall be entitled to send written notice to the invoice address of the Customer giving notice of The Company’s intention to dispose of the goods seven working days thereafter, The Company shall be entitled to sell all or any of the goods in its possession unless payment has been received or the goods collected by the end of the 7th working day.
6.4.4 Upon resale the Customer shall receive a minimum credit of 75% of the lower of the net proceeds of the resale and The Company original sale to the Customer. Any balance remaining and/or if the Goods are sold for a less than the price payable by the Customer, then the Customer shall be liable to pay The Company the difference in price and the amount due shall continue to accrue interest. The existence of this right does not affect any other remedies that the Company may/would have.
6.4.5 The Customer shall also be liable to pay any costs of the sale.
6.5. Any delivery dates and times stated are approximate only and The Company shall not be liable for any delay in delivery of the Goods, however caused. Time of delivery shall not be of the essence of the contract.
6.6 The Customer shall inspect the Goods at the place and time of loading if the Goods are collected and place of unloading if the Goods are delivered.
6.6.1 Unless The Company or the delivery driver is notified forthwith and written notice is received by The Company within 5 working days of loading or unloading as the case may be of any claim apparent on reasonable inspection for loss or damage in transit, short delivery or failure to conform to the Contract, the Goods will be deemed to have been delivered in accordance with the delivery documents and accepted by the Customer and the Customer shall not be entitled to any right to reject the Goods.
6.6.2 The Customer shall sign the delivery documents with discrepancies annotated as appropriate. Delivery documents signed as ‘unchecked’ will be deemed as accepted by the Customer.
6.6.3 The Company liability for loss or damage in transit, short delivery, failure to conform to the Contract or apparent on reasonable inspection is limited to supplying the Goods as ordered and The Company shall not be liable for any damages whatsoever. The Customer remains liable to pay the full invoice price of other Goods delivered in accordance with the Contract.
6.6.4 Should The Company be unable for any reason out of its control to receive Goods as ordered and hence not deliver to the Customer, The Company shall offer the Customer a refund of all monies paid.
7.1 Returns are permitted if either
7.1.1 The Goods were delivered incorrectly by The Company to the Customer (this should be reported to The Company within 5 working days of delivery), or
7.1.2 Advance consent in writing has been granted by The Company to the Customer in accordance with The Company’s sale or return agreement under 7.13 below.
7.2 Authorised returns must be arranged in advance to allow sufficient time for collection documentation to be raised.
7.3 Returned wines must be the same vintage as currently stocked.
7.4 Returned Goods must be presented in full (original) cases.
7.5 Bottles must be returned in a saleable condition with seals and neck capsules intact.
7.6 Bottle labels must not be stained or damaged.
7.7 Credit Notes may be issued subject to the results of a condition inspection.
7.8 Drivers are only authorised to collect Goods that are included on a collection note.
7.9 Any queries at the point of collection should be directed to The Company’s Customer services department.
7.10 The Company will email and/or post the Customer a copy of the collection note prior to the collection if requested by the Customer.
7.11 Customers who have purchased wine ‘En Primeur’ should refer to Appendix 1 of these terms and conditions.
7.12 The Company may offers a pre agreed “sale or return” service, collection and delivery of which will be charged at the, prevailing market prices. The Company will arrange for unopened cases to be returned to The Company.
7.13 The Company reserves 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.
7.14 Claims for breakages will only be allowed if the Customer notifies The Company immediately. The Customer must retain breakages and accompanying packaging for examination by The Company or its servants and/or agent.
7.15 The Customer may cancel an order at any stage prior to the transmission and/or forwarding of the order to The Company’s distribution department and/or its Delivery Coordinator unless the Goods have been purchased specifically to order (see Section 3.4). The Company will be entitled to refuse any cancellation and/or apply a charge for any orders cancelled not subject to or restricted and or limited by the total price and or value of the order. The Company may also be additionally entitled to make a Cancellation charge equal to but not limited to half the total value of the order.
7.16 Where the Distance selling regulations apply, this section of The Company’s terms and conditions form the basis of Contract between The Company and the Customer. Distance selling regulations do not apply to Business to Business Contracts, nor to sales of En Primeur wines and must be reading in conjunction with the full terms and conditions.
7.17 Glass and Ice Bin loans
7.17.1 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.
7.17.2 A minimum of 24 hours’ notice must be given if a Glass and/or Ice Bin loan is required and The Company reserves the right to decline the loan.
Where a sample of the wine is shown to and inspected by the Customer, the parties accept that such a sample is shown and inspected for the sole purpose of enabling the Customer to judge for itself the quality of the wine, and does not constitute a sale by sample.
8.1 In the absence of special payment terms being expressly agreed between The Company and the Customer and subject to Clause 8.2 and 8.3 below:
8.1.1 The Customer shall pay for the Goods immediately on placing his order with The Company;
8.1.2 Where the Customer has an approved standard account (a credit account) with The Company, the Customer shall pay the price of the Goods on the 20th day of the month following the month in which the Goods are invoiced, whether or not delivery has taken place.
8.1.3 Where the Customer does not have an approved standard account with The Company but does have a Pro-forma account (non-credit Account) the payment will be as set out in 8.1.1 above.
8.1.4 The time for payment of the price of the goods shall be of the essence of the contract.
8.1.5 All payments due to The Company must be made without any deduction whether by way of set-off, counterclaim, abatement, discount or otherwise, unless agreed by The Company in advance.
8.2 If the Customer is overdue in paying for the Goods or any other Goods or services supplied by The Company then the price of any Goods which have been delivered but not yet paid for shall become due immediately regardless of any previous agreements to the contrary.
8.3. If the Customer makes payment and/or fails to make payment of the price of the Goods supplied by The Company more than 14 days after the invoice due date being 20th of month following invoice date or after the agreed credit period has expired.
And/or If the Customer defaults on the payment when due of any sum which
is required to be paid under these terms and conditions.
Or when The Company has made a formal request for payment in writing
or by email.
8.3.1 Then the liability of the Customer shall be increased to include interest on such sum from the due date for payment until the date of actual payment (after as and well as before judgment) at a rate per annum of 12 per cent, above the Bank of England reference rate current at the time of the due date.
8.4 In the event of late payment The Company shall be entitled to remove/revoke all and/or any part thereof of any promotional offers, discounts deductions, allowances and/or rebates on any orders or any other orders with the Customer and re-invoice the Customer for the full price.
8.5. The Company reserves the right to charge an administration fee of not less than £50.00 for each unpaid Cheque, Direct Debit, Standing Order, and/or Credit/ Charge Card payment that is stopped and/or returned unpaid by the Customers bank and/or Credit/ Charge Card Company, including Cheques which are returned and marked “Please represent” unless done so with prior agreement in writing.
8.5.1 The Company further reserves the right to charge an administration fee of not less than £100.00 if clause 8.3 or part thereof is enforced.
8.6 The Company will accept payment by Credit Cards, Debit Cards, Charge Cards and/or American Express. The Company reserves the right not to accept American Express if payment is overdue.
8.7 Cash payments can only be accepted under the Money Laundering Regulations.
9.1 In Bond means that no UK duty or VAT has been paid on the goods. If the Customer requests the goods to be delivered to the Customer(anywhere in the EU) other than to the Customer Bonded warehouse, then duty and VAT will be payable by the Customer in addition to the price.
9.2 Goods ‘in bond’ have not yet had the Duty and VAT paid on them. They must be stored in a bonded warehouse approved by HM Customs & Excise.
9.3 If the Customer buys any goods in Bond, the Customer will be invoiced for the Goods at the time of ordering, payment of which will be made as set out in clause 8 above.
9.4 Once the In Bond Goods are ready to be and prior to being shipped the Customer will receive a final invoice, for immediate payment by cash, cheque and/or debit card (not credit card), in respect of delivery and/or Duty and VAT applied at the prevailing rates, as are appropriate to the Customer’s order. Subject to clauses 9.1 above
9.5 If the Customer’s In Bond Goods are to be shipped to a bonded warehouse and prior to being shipped the Customer will receive a final invoice, for immediate payment by cash, cheque and/or debit card (not credit card), in respect of delivery and/or additional charges to be applied at the prevailing rates, as are appropriate to the Customer’s order. Subject to these Terms and Conditions.
9.6 See also Appendix 1.
10.1 Ownership of the Goods shall remain with The Company and will not pass to the Customer until The Company has received payment in full in cleared funds of all sums for the Goods and no other amounts are owed to The Company and/or any other Company within the Group by the Customer in respect of any other Goods or services supplied by The Company and/or any other Company within the Group, whether or not:
10.1.1 In respect of the goods and/or
10.1.2 In respect of any other goods or services supplied by The Company and/ or any part of the group of Companies to the Customer and
10.1.3 Which are otherwise owed to The Company by the Customer.
10.2 The Customer sells the Goods in accordance with these Terms and Conditions in which case ownership of the Goods will pass to the Customer immediately before the Goods are delivered to the Customer’s Customers.
10.3 The Customer is expressly prohibited from selling on the Goods whilst the Goods remain the property of The Company unless the goods are sold in the Customer’s usual course of business. Nothing herein shall constitute the Customer as the agent of The Company for the purposes of such a sale.
10.4 The Customer shall store the Goods separately from any other goods until they become the Customer’s property or they are delivered to a purchaser from the Customer.
10.5 If the Customer is overdue in paying for the Goods or any other goods or services supplied by The Company what so ever and/or as set out under Clause 10.1 above The Company may if still the owner and/or in possession of the Goods recover and sell them, on written notice by The Company to the Customer of The Company s intention to do so.
10.6 The Company and/or its agents may enter the Customer’s and/or its agents and/or servants premises for this purpose. This does not affect any other right of The Company. The Customers also undertakes to full indemnify The Company for any costs in respect of this Clause.
10.7 Risk in the Goods shall pass to the Customer on delivery in accordance with clause 10.1 above. This also includes collection by the Customer or any agent or other person or entity acting on the Customers behalf or that The Company would be reasonably expected to believe is so.
10.8 The Customer shall not destroy, deface or obscure any identifying mark or marks on or relating to the goods and must maintain the goods in satisfactory condition.
10.9 If the Customer fails to comply with any part or all of Clause 10 above then amount due will become immediately payable subject to clause 8.
11.1 The Customer shall carefully examine and sign for the Goods immediately on delivery of them and shall notify The Company in writing of any short or non-delivery or any defects reasonably discoverable on careful examination. This notification must be received by The Company within 24 hours from the expected date of delivery to the Customer. In the absence of notification The Company excludes all liability in respect of any short delivery or defect.
11.2 The Company shall not be liable for any failure to deliver or delay in delivering the Goods arising from circumstances outside The Company’s control.
11.3 Except in respect of death or personal injury caused by The Company’s negligence, The Company shall not be liable for any damages and/or consequential or indirect loss suffered by the Customer whether this loss arises from a breach of duty in contract or tort or in any other way (including loss arising from The Company’ negligence). Non-exhaustive illustrations of indirect loss would be loss of profit, loss of contracts, damage to the Customer’s property or property of any other person. The Customer accepts that it is their responsibility to insure against these risks.
11.4 Nothing in these Terms and Conditions shall exclude or limit in any way The Company’s liability for death or personal injury or for fraudulent misrepresentation or for breach of its obligations under s12 Sale of Goods Act 1979 or s2 Supply of Goods and Services Act 1982 or s2(3) Consumer Protection Act 1987 or legislation in place at the present time.
11.5 Once the Goods have been delivered to the Customer or the Customer’s Reserves, The Company shall not be liable to the Customer for ullages or for any deterioration in the condition of any wine (which can occur naturally to all wines no matter how well cared for), whether that wine is in reserve storage with The Company or stored separately by or on behalf of the Customer.
11.6 The Company shall not 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 and Conditions for:
(a) Any loss of profit, relocation, anticipated savings, business or contract and
(b) Any special, indirect or consequential loss.
11.7 The Company’s total liability arising under these Terms and Conditions shall not in respect of any single claim exceed the order value including any VAT, duty and delivery charges of the order that gives rise to the claim.
12.1 The Company will remain responsible for insuring the Goods at the market value until the Customer’s delivery and/or storage instructions have been completed.
12.2 The Company will, at its discretion and in full and final settlement of The Company liabilities to the Customer, replace or pay Customer the full replacement value of the Goods should they be lost, damaged or destroyed whilst The Company is storing or keeping them for the Customer. The full replacement value of the Goods shall be as determined by The Company’s insurer, based upon the terms The Company has agreed with the insurer for determining replacement values.
13.1 The Company’s shall not be liable for any delay or failure in carrying out its obligations which is caused wholly or partly by reason of act of God, labour disputes, fire, flood, war, accident, Government action, riot or civil commotion, act or omission by the Customer or by any third party or any cause beyond the control of The Company.
14.1 Orders may be made via The Company website (www.jeroboams.co.uk). Use of the website is subject to The Company’s website Terms and Conditions, see Appendix One Section 12 which can also be found on The Company’s website.
14.2 All purchases made via the website must be paid for at the time of order.
15.1 The Company warrants that the Goods will correspond with any description given in its price list or specification and be of satisfactory quality and will comply with all applicable UK legislation governing the sale of the Goods and The Company will at its option refund the purchase price of, or replace free of charge any Goods which its examination confirms are defective provided:
15.2 For goods sold “En Primeur” Special conditions Appendix 1 Section 1 applies where The Company has a returns agreement with the source supplier, chateau or property. Where this is not the case The Company will use all reasonable efforts to obtain a refund or replacement from the source supplier.
15.3 In all cases, claims must be made by the Customer and gift recipients should contact the Customer who will claim on their behalf.
15.4 In no circumstances shall The Company’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.
15.5 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.
15.6 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.
The Company offers Reserves storage for full details, see Appendix 1 Section 7.
17.1 The Customer consents to the processing by or on behalf of The Company of personal data supplied by the Customer or held by The Company for the purposes of administering the Customer’s account and processing any orders.
18.1 The Customer must be aged 18 years or older to purchase alcohol within the UK. By placing an order with The Company, including through The Company’s website, The Customer confirms that they are at least 18 years old. Under the UK Licensing Laws it is an offence to sell alcohol to a person who is under 18.
19.1 The Customer acknowledges that all data and content together with any rights therein, without limitation copyright and database right, are and shall remain the property of The Company (or its licensors, as the case may be), and The Customer further acknowledges that such information is provided for the Customer’s personal use only.
19.2 Any other use of the information on The Company’s website, including any commercial use thereof, requires a licence and/ or written permission from The Company. For the avoidance of doubt, this means that the Customer may not copy, reproduce, modify, distribute, transmit, publish, licence, use, resell or provide it to others in any form or format except as provided for in this subscription agreement.
19.3 The Customer may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content or materials from The Company’s website or reproduce or circumvent the navigational structure or presentation of the site. The Customer must not engage in any other conduct which, at The Company’s sole discretion, is considered inappropriate, unauthorised or objectionable.
20.1 Nothing in these Terms shall exclude or restrict The Company’s liability for death or personal injury resulting from The Company’s negligence.
20.2 The Company 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 Company has been advised of the possibility of such potential loss.
21.1 This clause applies if:
21.1.1 The Customer being a company has a petition passed for its winding up; or passes a resolution for voluntary winding up (other than for the purpose of a bona fide amalgamation or reconstruction); enters into a voluntary arrangement with its creditors, or becomes subject to an administration order; or has a receiver appointed to all or any of its assets; or
21.1.2 The Customer being an individual or firm becomes bankrupt or insolvent; or enters into a voluntary arrangement with its creditors; or
21.1.3 The Customer dies; or
21.1.4 The Customer being a company, individual, partnership or firm ceases or threatens to cease to carry on business with The Company; or
21.1.5 The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
21.2 If clause 21.1 applies, then The Company shall be entitled to treat the contract as being at an end or suspend any further deliveries under the contract. If the Goods have been delivered but not paid for, the price shall become due immediately, regardless of any agreements to the contrary, and if not paid on demand The Company shall be entitled to enter the Customer’s premises to remove the Goods.
22.1 The Company shall have the right to alter the foregoing Terms and Conditions of Sale at any time by giving one month’s notice in writing.
23. Acceptance of these Terms and Conditions
23.1 If the Customer does not accept these Terms and Conditions of Sale in their entirety, the Customer must notify The Company in writing within 48 hours. If the Customer has received Goods from The Company, these must be returned in the same condition at the Customer’s own cost within 48 hours from time of receipt.
24.1 The Terms and Conditions of Sale shall be governed by English Law and the Customer consents to the exclusive jurisdiction of the English Courts in all matters regarding it, except to the extent that The Company invokes the jurisdiction of the Courts of any other country.
25.1 If a Court of competent jurisdiction finds any of these terms to be unenforceable the parties agree to accept any modification of the terms concerned which the Court sees fit to impose or if it does not see fit which is necessary to render the agreement enforceable.
Orders and Availability:
Title In Goods
Appendix 1 SECTION 2
6.1 This period will be pre-agreed on an individual basis.
6.2 The Company will pay the Customer for the wine under the terms agreed.
6.3 If The Company sells the wine to a third party within the exclusivity period, then The Company’s purchase will be deemed to have occurred immediately before The Company’s sale and the sum agreed payable will usually be paid within 60 working days of the receipt of the proceeds of The Company sale to the third party.
6.4 If The Company has not found a Customer for the wines within the exclusivity period, the Company will contact The Customer to discuss a renewal of the period and/or a price adjustment or the return of the wine and/or storage of the wine.
14.1 Cancellation received within 60 working days of event – 50% of total event cost.
14.2 Cancellation received within 15 working days of event – 100% of the total event cost.
1.2 The Company’s publications (Publications) means all printed material, flyers, brochures, The Company’s website, email, letters and marketing materials.
5. The information The Company publishes has been obtained from or is based on The Company’s research that it believes to be accurate and complete. Although all reasonable care has been taken, The Company cannot guarantee the accuracy or completeness of any information The Company publishes. Any opinions that The Company publish may be wrong and may change at any time. The Customer should always carry out their own independent verification of facts and data before making any investment decisions.
1.2 In these special conditions the words “Goods” and/or “Wines” are interchangeable meaning the goods and/or wines stored at Vine. The singular includes the plural and vice versa for the words “Goods” and “Wine”.
2.1 The current service is run by Vine International Limited (“Vine”), a logistics division of Liv-ex Ltd.
2.2 The Company reserves the right to change and amend the company it uses to provide these services.
2.3 The Company reserves the right to pass on any changes to the terms of trade and or costs between The Company and Vine and or the company it chooses to undertake these services.
2.4 The Company reserves the right to pass on any changes to the terms of trade and/or costs arising from the change of VAT and or Duty and or the change in the law and/or rules that govern the same.
4.1 A pro-rata charge is made at the start of the second month following month of receipt into Vine to cover the initial period to the 31st of March. Thereafter the annual charge is payable in advance.
4.2 Failure to make such payment as set out in Section 4. above will incur a cost, see Section 8 and 10 of The Company’s standard terms and conditions.
4.4 Deliveries from the storage facility are governed by the Company’s standard terms and conditions.
4.5 Subject to these terms and conditions and provided reasonable written notice has been given of not less than 14 working days the Customer and/or Customer’s agent may on request physically inspect the Customer’s reserves/goods lodged at the warehouse and agrees to meet all costs and/or charges and/or related charges what so ever levied by The Company for the same.
10.1 As an additional service, The Company may from time to time offers storage for goods purchased from other sources in our UK storage facility. The Company reserves the right to accept only goods that are accompanied by valid and appropriate documentation. In order to comply with UK Customs requirements in place at the time of transfer, the Company will require:
10.1.1 For under bond stock, an invoice and/or official warehouse documentation showing purchase prices for all stock.
10.1.2 For duty paid stock, an invoice and/or official warehouse documentation to show that all relevant UK taxes have been paid.
10.2 The Company will not accept liability for either the provenance or condition of goods purchased from other sources or for any defect or other fault that these goods may have or may develop.
10.3 The Company will notify the Customer if goods purchased from other sources have any issues or defects which are identified upon receipt at Vine. Any goods rejected will be at the Customer’s expense to collect.
10.3 For the avoidance of doubt, goods purchased from other sources shall, be subject to these terms and conditions but remain the property of the Customer. In any event The Company reserves a lien over all of the Customer’s stock in storage in accordance with and Subject to Section 7 above.
11.1 The Company will insure that bottle of wine for its full replacement value in case of loss, damage or destruction whilst under The Company’s control;
11.2 The Company will, at its discretion and in full and final settlement of The Company’s liabilities to the Customer, replace or pay the Customer the full replacement value of that bottle of wine should it be lost, damaged or destroyed whilst The Company is storing or keeping it for the Customer. The full replacement value of the bottle shall be as determined by The Company’s insurer, based upon the terms The Company has agreed with the insurer for determining replacement values.
11.3 Although it is the Company’s intention to cover the present market value of any losses, in view of the difficulty in assessing the total market value and the market value of individual rarities, The Company cannot guarantee that the Customer will receive, damages and or consequential losses and/or full compensation or recover the same in cases of any loss.
11.4 Subject to Section 11.2 and 11.3, if a value cannot be agreed the notional valuation of the wine held at Vine at the time of receipt will be the valuation.
11.5 The Company reserves the right to change its agents and/or nominated insurers. The Customer should ask for details of the same in place at the time of placing their goods with the Company, full details can be obtained on request.
2.1 In these special conditions the following words shall have the following meanings:
2.2 Trade Customer – means a Customer who purchases Goods with a view to resale in the ordinary course of its business and/or who The Company notifies is classified as such. Also known as The Customer.
2.3 All other meanings are set out in The Company’s standard terms and conditions.
3 Retention of Title – Trade Customers
3.1 Until such time as The Company has received payment in full (in cash or cleared funds) for all Goods that The Company has from time to time supplied to a Trade Customer (including any applicable VAT, duty and delivery charges), all such Goods supplied to that Trade Customer shall remain the property of The Company.
3.2 Until ownership of Goods has passed to a Trade Customer, the Trade Customer shall (unless the Goods are held as Reserves or have been resold in accordance with Section 3.3):
3.2.1 Store the Goods separately from other goods of the Trade Customer and/or keep them in such a way (at no cost to The Company) that they can be readily identified as being the property of The Company;
3.2.2 Hold the Goods on a fiduciary basis as The Company Bailee;
3.2.3 Not destroy, deface or obscure any identifying mark on or relating to the Goods; and
3.2.4 Maintain the Goods in satisfactory condition and keep them insured on behalf of The Company for their full replacement value against all risks.
3.3 Until ownership of Goods has passed to a Trade Customer, The Company grants the Trade Customer the right to resell the Goods in the ordinary course of business at full market value on the basis that the Trade Customer has no authority to enter into any contract of sale on The Company’s behalf, but does so as principal, and provided that the Trade Customer shall hold in trust and pay to The Company on demand the proceeds of any such sale to the extent that any sums are owed by the Trade Customer to The Company .
3.4 Without prejudice to any other remedy that The Company may have, The Company may, at any time, revoke the Trade Customer’s power of sale under Section 3.3 by notice to the Trade Customer if the Trade Customer is in default in payment of any sum whatsoever due to The Company , or if any cheque (or other negotiable instrument) drawn by the Trade Customer in favour of The Company is dishonoured on presentation for payment, or if The Company has bona fide doubt as to the solvency of the Trade Customer.
3.5 A Trade Customer’s power of sale under Section 3.3 shall automatically cease if, in the case of a Trade Customer who is an individual, that Trade Customer has a bankruptcy order made against him/her or makes an arrangement or composition with his/her creditors, or otherwise takes the benefit of any statutory provision in force from time to time for the relief of insolvent debtors, or, in the case of a Trade Customer which is an entity, that Trade Customer is being wound-up or enters into a company voluntary arrangement (within the meaning of Part 1 Insolvency Act 1986) or is placed into administration, administrative receivership or voluntary liquidation or a receiver is appointed over any of its assets or the Trade Customer enters into any other insolvency proceedings governed by the provisions of the Insolvency Act 1986 and/or the Law of Property Act 1925 (in each case as consolidated, re-enacted, modified or replaced from time to time) or any analogous insolvency proceedings in any other applicable jurisdiction. A Trade Customer shall notify The Company without delay if any of the events specified in this paragraph occurs.
3.6 Upon the revocation of the Trade Customer’s power of sale under Section 3.4 or its automatic cessation under Section 3.5, all amounts payable in respect of all Goods supplied shall become due immediately whether or not such amounts are then due and payable.
3.7 Without prejudice to any other remedy that The Company may have, The Company may, at any time, revoke the Trade Customer’s power of sale under Section 3.3 by notice to the Trade Customer if the Trade Customer is in default in payment of any sum whatsoever due to The Company , or if any cheque (or other negotiable instrument) drawn by the Trade Customer in favour of The Company is dishonoured on presentation for payment, or if The Company has bona fide doubt as to the solvency of the Trade Customer.
3.8 Each Trade Customer grants The Company, its agents and employees (with such transport as is necessary) an irrevocable licence at any time to enter any premises of the Trade Customer, or to which the Trade Customer has access, where Goods may be or are believed to be situated for the purpose of inspecting Goods to which The Company has title or, where the Trade Customer’s power of sale has been revoked or ceased, to recover any Goods to which The Company has title. The Company may dispose of the recovered Goods so as to discharge any sums owed by the Trade Customer to The Company.
3.9 The Company may maintain an action for the purchase price of the Goods notwithstanding that ownership of them has not passed to the Trade Customer.
7.0.1 To recover from the Customer the cost of any goods acquired by the Company for the Customer.
7.0.2 To charge the Customer by way of cancellation a sum not less than 25% of the invoice value of the goods ordered by the Customer but not delivered by the Company.
7.1 Orders for goods manufactured or purchased in accordance with the Customer’s specifications may not be cancelled without the written authority of the Company. The Customer undertakes to indemnify the Company for all costs and expenses resulting from a breach of this condition by the Customer. Provided for in this document are reasonable in the circumstances and that if they had not been included the sale price would have been materially increased.
4 Subject to the above, payment is due as per Section 8 of the standard terms and conditions.
5 Subject to Sections 2 and 3.1 above, for a period of 14 days starting on the Return Date the Customer shall have the right to return the goods to The Company without prior authorisation provided that:
5.1 Payment must not be withheld and must be received by the Company in accordance with the standard terms and conditions;
1.2 The Company names on the Loyalty Card may change from time to time as it sees fit, see Section 1 of the standard terms and conditions.
1.3 The Company reveres the right to change the title, name, promotional name/title and/or logos and/or designs on the Loyalty Cards as it sees fit. Reproduction of materials, logos and copyright, is subject to our standard terms and conditions and Appendices.
1.4 These terms and conditions do not affect the Customer’s statutory rights.
1.2 These terms and conditions refer to Gift Vouchers and Gift Cards (known collectively as Gift Cards).
1.3 The Company names on the said Gift Cards may change from time to time. See Section 1 of these terms and conditions.
1.4 The Company reserves the right to change the title, name, promotional name/title and/or logos and/or designs on the Cards as it sees fit. Reproduction of materials, logos and copyright.
1.5 These terms and conditions do not affect The Customer’s statutory rights.
18.1 In cases of a Gift Card being lost or stolen or any balance lost on a Gift Card as a result theft or fraud, The Company will not replace or reimburse any remaining balance on a Gift Card. The Company cannot be held responsible for any balance lost. The Company also cannot be held responsible for the unauthorised use of the Gift Card.
18.2 However, if the Company does replace or reimburse any monies on a Gift Card it will be entirely under the goodwill of The Company and is not under any contractual obligation and is entirely at the The Company’s discretion.
Special Terms and Conditions
4.1 The Company website is provided for the Customer’s personal use subject to these Terms. By using the Company website, the Customer agrees to be bound by these Terms.
4.2 All orders and purchases made via the Company website will be governed by these terms and conditions in conjunction with the Company’s standard terms and conditions of sale.
4.3 The Company website and the information on The Company website may be changed or updated without notice. Any of the content on The Company website may be out of date at any given time and The Company is under no obligation to update it.
4.4 The Company does not guarantee that its website, or any content on it, will be free from errors or omissions.
4.5 The Customer agrees not to use the Company website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and The Customer hereby indemnifies The Company against any loss, liability, damage or expense of whatever nature which The Company or any third party may suffer which is caused by or attributable to, whether directly or indirectly, The Customer’s use of The Company website to send or post any such message or material.
5.1 To register with The Company via The Company website, the Customer must be of legal drinking age in the country where the Customer is located. The Customer is responsible for ensuring that the details provided by The Customer on registration are correct and complete and for informing us of any changes to the information provided.
5.2 When the Customer registers to use the Company website, the Customer will be given an automatically generated password. The Customer will then be asked to change the password to one preferable. The Customer will be responsible for all activities and orders that occur or are submitted under their password. If the Customer forgets their password, The Customer can request for it to be sent to the Customer’s email address. The Customer must keep their password confidential. If the Customer knows or suspects that someone else knows their password, the Customer should notify us by contacting us immediately at email@example.com. If The Company has reason to believe that there is likely to be a breach of security or misuse of the Company website, The Company may require the Customer to change their password or The Company may suspend The Customer account in accordance with Section 10.3 below.
6.1 The prices shown may only be applicable to purchases made via the Company website. Prices in The Company printed material may be higher or lower than those shown.
6.2 Every effort is made to ensure that all prices are correct at time of display online and include VAT where appropriate. In the unlikely event of an administrative error resulting in an incorrect price being displayed on The Company website, The Company reserves the right to correct the price. Where The Company discovers an error in the price of any goods that The Customer have ordered, The Company will not be obliged to proceed with the Customer’s order and The Company will usually endeavour to inform The Customer of the error and the correct price as soon as possible. In these circumstances, The Customer will not be bound to continue the purchase.
6.3 In no circumstances will The Company be obliged to proceed with the Customer’s purchase of wine at an incorrect price, even if The Company have accepted The Customer order for goods displayed at the incorrect price and/or failed to inform The Customer of the error.
7.1 Once the Customer has placed an order, The Company will acknowledge receipt by sending an email to The Customer at the address that the Customer supplied when registering with The Company website. Once the Customer order has been processed and accepted, The Company will confirm the acceptance of the Customer’s order by sending an invoice to the Customer by email and/or by post. This brings into existence a legally binding agreement between the 2 parties subject to Section 6 above concerning incorrect prices.
8.1 Please refer to Section 6 of The Company’s standard terms and conditions.
9.1 Whilst The Company endeavours to ensure that The Company website is normally available 24 hours a day, The Company shall not be liable if for any reason this The Company website is unavailable at any time or for any period.
9.2 Access to The Company website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond The Company’s control.
9.3 The Customer’s access to the Company website, the Customer’s ability to participate in all or certain parts of the Company website and/or the Customer’s registration may be terminated by The Company at any time without notice and without any liability. Any limitations on The Company’s liability will survive such termination.
10.1 The Company is not responsible for the contents of any websites operated by a third party which may be accessed via The Company website and The Company does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to any content on any other websites. All links on The Company website are provided for the Customer’s convenience only and do not imply that The Company approves or recommends the content of such websites.
11.2. By the Customer using The Company the web site, will imply that The Customer have read this policy and agree to us sending The Customer cookies.
11.3. Some features used on this The Company website may involve a cookie being sent to The Customer computer by a third party.
12.1 The Company name, logo, corporate symbols and trademarks are the sole property of The Company and no permission is given in respect of their use. The Company website and its contents are protected by UK and international copyright laws and other intellectual property rights. Unless otherwise indicated, The Company is the owner of the copyright and all other intellectual property rights in the Company website and its contents. Save as set out below, no part of the Company website may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of The Company
12.2 The Customer may retrieve and display the contents of the Company website on a computer screen, or print one copy of such content (including the Terms and Conditions of Sale and any order confirmation) for the Customer’s own personal use, provided the Customer keeps intact all and any copyright and proprietary notices.
13.1 The Company website is provided without any warranties or guarantees. To the extent permissible by any applicable law, The Company and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with the Customer’s access to or use of The Company website, or reliance on The Company website, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission on The Company website (whether negligent or not), except that nothing affects any liability of The Company, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.
13.2 Whilst The Company makes reasonable attempts to exclude viruses or other destructive computer codes from The Company website, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. The Customer should take all appropriate safeguards before using The Company website or downloading from The Company website.
13.3 Nothing in this section applies to The Company’s liability for goods purchased through the Company website, which is governed by The Company’s terms and conditions of sale.
14.1 The Terms and The Customer use of this The Company website shall be governed by English law. By using the Company website and accepting theses Terms the Customer submit to the exclusive jurisdiction of the courts of England and Wales, save that The Company may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to The Company.
15.1 If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
15.2 The Company’s failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by The Company in writing.
15.3 The section titles in the Terms are for convenience only, and have no legal or contractual effect.
16.1 The Customer’s use of The Company’s Wi-Fi service constitutes the Customer’s agreement to The Company’s terms and conditions of use.
38.1 To contact The Customer for feedback to evaluate and/or develop The Company’s Wi-Fi service.
38.2 To provide The Customer with information.
38.3 For statistical purposes to monitor the use of The Company’s Wi-Fi service.
38.4 To disclose to a regulator, court, law enforcement service, or other public body under any regulatory, government or legal requirement.
47.1. The opinions or views expressed on The Company’s social media platforms, including, but not limited to, blogs, Facebook and Twitter pages, represent the thoughts of individual users and online communities, and not necessarily those of The Company or any of its corporate partners, affiliates or any of their respective directors, officers, employees, staff or members of its respective board of directors.
50.1 The Company does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website. Content is provided “AS IS.”
50.2 The Company does not endorse the organisations sponsoring linked websites or the views they express or the products/services they offer.
50.3 The Company cannot and does not authorise the use of copyrighted materials contained in linked websites. Users must request such authorisation from the sponsor of the linked website.
51.1 Abusive or hurtful comments about a user or another participant.
51.2 Off-topic and redundant comments (this includes promotion or solicitation of events, groups, pages, websites, organisations, products and programs not related to or affiliated with The Company).
51.3 Comments that use foul language or “hate speech” (for example, including but not limited to racial, ethnic or gender-bashing language).
51.4 Personal attacks or defamatory statements or comments (i.e., making negative personal, speculative or untrue comments about a participant), instead of just criticising his/her posting, opinion or comments.
51.5 Comments that violate the privacy of any individual.
51.6 Comments that are derogatory characterizations of any ethnic, racial, gender, professional, age or religious groups.
51.7 Content that defames, misrepresents or contains disparaging remarks about other people, products or companies. Comments that suggest or encourage illegal activity.
51.8 Comments that reference any claims or share personal, account or policy information.
51.9 Comments or links to sites that contain viruses or malicious software.
Reproduction of Materials and Logos and Copyright
1.2 Use of the Company’s Logo or Names
1.3 The use of The Company’s logos and/or The Company’s initials and trading names and/or The Company’s combined name on any document or in association with any information signifies that the document or information has been prepared or approved by The Company or products promoted in that publication are covered by The Company’s standard terms and conditions and appendices.
1.4 The logo and/or initials, word mark and/or combined word mark is used only on materials generated by The Company.
1.5 Use of any of The Company’s logos and/or initials and/or combined word marks as they appear above without The Company’s consent infringes the trademark registration held in respect of the logo, word mark and/or combined word mark. Only those organisations that are expressly permitted by The Company to use and/or reproduce The Company’s logo and/or initials, word mark and/or combined word marks for the promotion of products or services covered by The Company’s standard terms and conditions and appendices.
1.5.1 The customer must obtain The Company’s prior written permission for the use of the logo and/or initials, word mark and/or combined word mark and/or reproduction of the logo and/or initials, word mark and/or combined word mark.
1.5.2 All rights in The Company logo and/or initials and/or combined word mark in all parts of the world are vested in The Company.
1.5.3 Any person (including an Authorised Firm) permitted to use the logo and/or initials, word mark and/or combined word mark will not, nor directly or indirectly assist any other person to do or fail to do any act or thing whereby:
1.5.4 The validity, enforceability or The Company’s ownership of; or the reputation or goodwill associated with, The Company’s logo and/or initials, word mark and/or combined word mark is likely to be prejudiced.
2.1 Subject to the conditions set out below, The Company has no objection to organisations reproducing in their own publications, or on their internal computer networks, materials published by The Company on The Company’s external website and issued in electronic form or otherwise by The Company.
2.2 The conditions are as follows:
2.2.1 An acknowledgement of the source of the material so reproduced should be made.
2.2.2 The material should be clearly identified as belonging to The Company and separated from any comment made on it by the organisation or by others.
2.2.3 The organisation should ensure that it is using the latest available version of the material.
2.2.4 Readers must not be given the impression that The Company is responsible for, or has in any way approved, the publication in which this material is reproduced.
2.2.5 No fee may be charged by the organisation for the reproduction and/or distribution of The Company’s material.
2.2.6 The organisation shall not alter or amend material published by The Company.
2.3 Copyright in all materials produced by The Company remains with The Company. See the specific section below dealing with copyright for more information on this area.
3.1 The Company owns the copyright and any other rights in all material on The Company’s website other than any third party stock images (such as photographs) and other material as indicated.
3.2 The customer may print and download extracts from The Company’s website on the conditions specified in the section headed “Terms and Conditions” and which include the following conditions:
3.2.1 the documents and related graphics on the Company’s website are for personal use or for use within an individual firm or organisation; any copies of these pages that the customer saves to any storage medium may (subject to the exception referred to at 3.2.4 below) only be used for subsequent personal viewing purposes of for viewing within the firm or organisation by which they re-saved or stored;
3.2.2 any extracts which are printed may only be used for personal viewing – or for viewing within the firm or organisation by which they were printed (subject only to the exception referred to at 3.2.4 below);
3.2.3 neither pages saved or stored in any way, nor extracts printed, may (subject to the exception referred to at 3.2.4 below) be distributed to third parties or sold or otherwise circulated for profit;
3.2.4 The only permitted exception to the general rules stated in clauses 3.2.3 above is where extracts (of no more than a few relevant provisions) are copied to individual third parties incidental to advice or other activities;
3.2.5 No documents or related graphics on The Company’s website are to be modified in any way;
3.2.6 Graphics on The Company’s website are not to be used separately from the accompanying text; and
3.2.7 The source of The Company’s material must be acknowledged in all copies, either by appropriate words or by adding The Company’s full name.
3.2.8 The date that The Company last updated the information must be stated clearly on all copies.
3.2.9 The publication must not imply The Company’s endorsement of any company or product or of any conclusions drawn from the data.
3.3 The customer must not reproduce or store any part of The Company’s website in any other website or include it in any public or private electronic retrieval system or service, without The Company’s prior written permission.
3.4 Any rights not expressly granted in these terms are reserved.
4.1 Except where permitted, no part of any material on The Company’s website may be reproduced, modified, distributed or republished in any form, including storing it in an electronic medium whether or not temporary or incidental to some other use, without the prior consent of its Owner in writing. In any event no intellectual property or other rights will be transferred to you.
4.2 You are authorised to download one copy of the material on The Company’s website onto one computer for personal, non-commercial use only. In doing so you are not permitted to remove or amend any trademark, copyright or other proprietary notice.
Broadbent’s ullage guide.
1. Commonly used terms for ullage of Bordeaux bottles. (Capsule line appears to indicate depth of cork).
2. In the late 1980s, Master of Wine and senior consultant of Christie’s auction Michael Broadbent developed a guide for evaluating the ullage levels of matured wines. While the focus of his guide was primarily on Bordeaux, it has been generally accepted and widely used in the wine market as an evaluation tool for all sorts of wine.
3. The terms are used to describe the levels of wine in a wine bottle. They are commonly used to describe old wine bottles offered for sale in wine auctions and by dealers in rare wine.