1. These Terms
1.1 These Terms and Conditions (“Terms”) apply to all sales of wines and any other goods (“wines”) by us, MANN FINE WINE LTD a private limited company registered in England & Wales with company registration number 13703129 incorporated and registered in England and Wales whose registered office is at Hideaway, Copthurst Lane, Whittle Le Woods, Chorley, Lancashire, England, PR6 8LR (“We” or “Us”), company number 13703129, to you the customer (“You”). These terms apply to all orders placed with us.
1.2 Any sale of wine by us is subject to these terms, unless changed by written agreement.
1.3 These terms apply whether you are a trade or private customer. Certain terms only apply if you are a private customer, and those are clearly indicated below.
2. PLACING AN ORDER
2.1. By placing an order you agree that you are capable of entering into a legally binding contract.. All contracts are subject to English law and jurisdiction. All wines are offered subject to market movement and remaining unsold.
2.2. A contract for sale which incorporates these Terms and Conditions (“Terms”) in full will come into existence when we expressly accept your order. Please note that an acknowledgement of your order by us by telephone, email or website confirmation does not constitute acceptance of your order. Your order will be accepted when we take payment from you or issue an invoice for the order.
2.3 Our minimum order is £100 (per order, excluding duty, delivery & VAT).
2.4 If we issue an invoice to you and we have not pre-authorised the payment on a debit card then payment will be due from you immediately. The issuing of an invoice by us will constitute acceptance but we shall not be obliged to deliver or make available the wines to you until the invoice is settled in full.
2.5 Please note that the contract between us is conditional on the wines being available for sale to you and coming into our possession and we will be entitled to decline any order at any time up to acceptance in the event that we are unable to secure the wines on your behalf.
2.6 We may agree to deliver the wines to you, in this event then we will provide you with an estimated delivery date and delivery charge. Any dates are estimates only and we do not guarantee to meet any fixed delivery date unless specifically agreed.
2.7 In order to purchase wines from us you must be at least 18 years old or you must have reached the requisite age in your home territory for the purchase of alcohol.
2.8 Any orders placed via our website are also subject to our Website Terms & Conditions.
3.1 Payment is due at the time of placing an order, or as per agreed terms. Wines may not be delivered or released until payment is received in full.
3.2 All prices are set in GBP and may be varied without prior notice. Any invoices raised in foreign currencies will be raised at an agreed mid-market rate between you & us.
3.3 We accept a range of payments including ApplePay, GooglePay, Visa, Mastercard & Amex. No additional fees are chargeable for use of a credit card.
3.4 To ensure that your credit, debit or charge card is not being used without your consent the name, address and other personal information supplied by you during the order process may be validated against appropriate third party databases. By accepting these terms and conditions you consent to these and similar checks being made. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018 and any other relevant data protection law.
3.5 We reserve the right to withhold any wines you have ordered for non-payment of any invoice (and for the avoidance of doubt this may include an invoice for other wines or services). We may refuse to release any wines to you until such time as you have made payment for your order in full.
4. QUALITY CONTROL
4.1 We go to great lengths to ensure that all the wines & spirits we sell are of impeccable quality and in a condition appropriate for their age, including thorough provenance checks, physical inspections and appropriate storage conditions. We do not purchase US strip-labelled stock (excluding wines originally produced in the USA) or stock that has been shipped back into Europe from the Americas or Asia unless otherwise specified or specifically requested. As a result, condition issues rarely occur. In the event that wines are corked or out of condition for consumption, Mann Fine Wine will be under no obligation to offer replacements or offer other compensation of any kind and such replacements or compensation will be made entirely at our discretion.
4.2 We cannot guarantee that wines will always show at their best. Regardless of reputation, all wines can age and mature in different ways and we will not bear any liability for subjective judgments such as quality or drinkability. All older bottles are therefore sold as seen and we cannot accept returns for any wines should they be corked, tainted or fatigued in any way. As such the wine we sell to you will be of condition to be expected in view of its age and provenance and we will not be responsible for minor defects or imperfections or any condition resulting from nature or age of the wine. We cannot warrant any provenance or information given to us by third party suppliers. This does not affect your statutory rights.
4.3 We would also highly recommend that the older the wine the longer the time that should be allowed for preparation before serving. Wines benefit from rest as well as being stood upright for a number of days before opening and drinking.
4.4 Where wines are not (in our opinion) in perfect condition (damaged labels, etc) then the wines will be sold at a discount and we will supply a condition report together with photographs and such other information as may be available to us and it will be your decision whether or not to proceed with the purchase based on this information.
4.5 Where you have purchased wines from us then you accept that these wines may be subject to defects, imperfections, shortages, damage and normal wear and tear. You accept that wines will be in the condition to be expected having regard to their age, provenance and nature or where we have notified you of any such condition or defect.
4.6 We do not accept liability for minor or inconsequential defects or imperfections.
4.7 You accept that given the nature of wines these terms are reasonable in all the circumstances.
5. RETENTION OF GOODS PENDING PAYMENT
5.1 We will retain title in all wines sold by us until all sums due or to become due to us from you in respect of your order have been paid in full. This includes wines held on your behalf in our storage facility duty paid or in bond and we reserve the right to take possession and sell wines held with us in storage in order to settle any debt you have with us. Please see our storage terms for more details.
5.2 You will obtain title in the wines in the event that you have paid us in full and such wines are in your personal physical possession.
5.3 In the event that any sum is outstanding we reserve the right to suspend or withhold any delivery or collection.
5.4 Where any invoice is outstanding for more than 30 days then we may send written notice to the invoice address of our intention (at our discretion):
(a) To treat the order as cancelled;
(b) To purchase the wines which are covered by the invoice and are in our possession in accordance with clause 5; and/or
(c) To purchase any other wines of yours which are held by us in storage in accordance with clause 6.
6. DEFAULT / NON-PAYMENT
6.1 In the event that any amount is owing from you to us (whether that amount arises under these terms of sale, our storage terms or otherwise) then you agree that we will have the right to purchase any of your wines which are held by us at a price governed by these terms in satisfaction of your liabilities. We will then be free to sell or otherwise deal with the wines.
6.2 In order to exercise our right to purchase wines we hold for you to satisfy your liabilities to us we will send written notice of our intention to purchase the wines to your last known invoice address and any email addresses we hold for you. Seven days after sending such notice we will be entitled to take ownership and possession and (at our discretion) dispose of some or all of your wines which are held by us.
6.3 Upon purchasing the wines, we will credit you with 80% of the market value of the relevant wines (the “credit amount”). Market value will be assessed based on our list prices or by making reasonable enquiries and will be assessed on the date which falls seven days after the notice referred to in clause 6.2 is sent by us.
6.4 We will set the credit amount off against any sums you owe to us (including any interest owed). If the credit amount exceeds the sums you owe to us we will account to you upon request for any excess but we will not be obliged to pay interest on such excess. After we have credited you with the credit amount we will hold title to the relevant wines and we will be free to dispose of those wines at our discretion and we will not be required to account to you for any further sums received by us for those wines.
6.5 If any balance remains outstanding owing to us after we have purchased the wines and credited the credit amount to you then the balance shall remain payable by you.
6.6 Our right to purchase wines we hold for you to satisfy your liabilities does not affect any other remedies we may have.
6.7 You agree that given that the credit amount represents the typical price we would pay for the relevant wines, and given the existence of fluctuating demand and prices for wines the above terms are reasonable.
6.8 After we have purchased wines in accordance with this clause you will remain liable for any amount that remains outstanding and interest will continue to accrue at the rate of 5% above the base rate of the Bank of England applicable for the given period.
7. STORAGE, DELIVERY & COLLECTION
7.1 When purchasing wines from us you will need to choose whether to store the wines with us, or take delivery.
7.2 Where you opt for us to store the wines on your behalf then our storage terms will apply. Please note that when we store wine on your behalf we will assign the wine you have purchased to your name but the wines will remain in our custody.
7.3 Where you opt to collect the wines from our storage facility, we require at least 72 hours notice of collection.
7.4 We may, at your request and as your agent, arrange for delivery of the wines to you but where you are dealing with us in the course of a business we will not be liable for any failure on the part of the carriers selected.
7.5 If wines purchased are not collected or delivered and you have not opted for us to store the wines on your behalf within three months of the date on which we issued an invoice for the wines to you then we will assume that storage is required and our storage terms will apply and we will be entitled to make a reasonable storage and administration charge at our standard rates applicable at the relevant time in relation to the wines.
7.6 Please note that if you fail to pay our storage and administration charges then our right to sell the wines as set out in our storage terms and above will apply.
ORDER CANCELLATION – TRADE CUSTOMERS
8.1 If you are a trade customer, once an order has been accepted under section 2 of these terms, you will not be able to cancel.
ORDER CANCELLATION – PRIVATE CUSTOMERS
9.1 If you are dealing with us as a private customer/consumer you have a right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Regulations”) and the following terms explain how to cancel and the effect of cancellation.
9.2 You will have a right to cancel your contract for the purchase of wines within 14 days without giving any reason unless you have purchased “En Primeur” wine or any other pre-ordered wines which we are unable to release within 30 days.
9.3 The cancellation period will expire after 14 days after the day on which the wines are made available to you. The wines are made available to you:
(a) On delivery, or, in all other cases;
(b) 21 days following acceptance of your order (when the wines will be available for collection from our warehouse).
9.4 To exercise the right to cancel, you must inform us, Mann Fine Wine Ltd, Hideaway, Copthurst Lane, Whittle Le Woods, Chorley, Lancs, UK PR6 8LR email: email@example.com telephone: 01257 822 029 of your decision to cancel this contract by a clear statement in writing. Notices are valid if sent by post or email, however notices are not valid if sent by fax, SMS text message, or any other medium of electronic communication except for email.
9.5 To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
9.6 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose an enhanced delivery option).
9.7 We may make a deduction from the reimbursement for loss in value of any wines supplied, if the loss is the result of unnecessary handling by you.
9.8 We will make the reimbursement without undue delay and not later than:
(a) 14 days after the day we receive back from you any wines supplied, or
(b) (If earlier), 14 days after the day you provide evidence that you have returned the wines, or- If there were no wines supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
9.9 We will make the reimbursement using the same method of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the wines back or you have supplied evidence of having sent back the wines, whichever is the earliest.
9.10 You shall send back the wines without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the wines before the period of 14 days expires.
9.11 You will have to bear the direct cost of returning the wines.
9.12 You are only liable for any diminished value of the wines resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the wines.
10. INSPECTION AND ACCEPTANCE OF GOODS
10.1 You agree to inspect all wines purchased from us on delivery or release.
10.2 Where you have opted for us to store the wines on your behalf then you agree that you are entitled to attend the warehouse in which they are stored in person or through an agent in order to inspect the wines. We strongly recommend that you inspect the wines within 14 days of collection, delivery or release to you and you agree to notify us immediately of any defect, damage, or shortage in, or to the wines.
10.3 We strongly recommend that you inspect the wines, or ask a third party to do so on your behalf, even if you have opted to store the wines with us or at an alternative location.
10.4 Where you are a trade or business customer you will be deemed to have accepted the wines as satisfying your order 14 days following collection, delivery or release to you.
10.5 Where you are a private customer/consumer you agree to notify us of any defects in the wines within 30 days from the date on which the wines are collected, released or delivered to you and after 30 days you will be deemed to have accepted the wines.
10.6 If you have asked us to store the wines in our warehouse the 30 day period in which you may notify us of defects will start 21 days after we have accepted your order (when the wines will be available for inspection or collection from our warehouse).
11.1 We have obtained insurance cover in respect of our own legal liability for individual claims. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
11.2 The restrictions on liability in this clause 11 apply to every liability arising under or in connection with these terms and conditions including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.3 Nothing in these terms and conditions limits any liability which cannot legally be limited, including liability for:
(a) Death or personal injury caused by negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) Defective products under the Consumer Protection Act 1987.
11.4 Subject to 1, our total liability to you shall not exceed the total purchase price for order stated in clause 2.
11.5 Subject to 1, the following types of loss are wholly excluded:
(a) Loss of profits;
(b) Loss of sales or business;
(c) Loss of agreements or contracts;
(d) Loss of anticipated savings;
(e) Loss of use or corruption of software, data or information;
(f) Loss of or damage to goodwill; and
(g) Indirect or consequential loss.
11.6 We will not be liable for any indirect or consequential losses or damages including lost bargain, lost profit, lost reputation, loss of anticipated savings.
11.7 We will not be liable to you or to any other party following the onward sale of wines by you.
11.8 This clause 11 shall survive termination of these terms and conditions.
12. DUTY & VAT
12.1 Goods are offered for sale under bond, unless otherwise stated.
12.2 For Goods purchased and held in bond for UK home use: the customer will be liable to pay duty and VAT based on the rates in force when the Goods are taken out of bond and not those prevailing at the time of purchase. Current rates can be found here on our website.
12.3 Duty paid Goods for export must be exported from the UK within 30 days of invoice if collected by your shipper or 90 days of invoice if shipped by Mann Fine Wine , or else UK VAT will be payable by you.
12.4 Any change in duties, tariffs or other taxes which arise because of changes in laws will be your responsibility.
12.5 If Goods are being ordered from outside of the UK, import duties, tariffs and taxes may be incurred once your Goods reach their destination. Mann Fine Wines is not responsible for these charges and we undertake to make no calculations or estimates in this regard. We recognise that if you are buying internationally the process can be complex and whilst Mann Fine Wines will be on hand to help you with advice and support you should take advice from your own professional adviser because we are not qualified to give advice in these areas. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Mann Fine Wine cannot guarantee that the packaging of your Goods will be free of signs of tampering.
13. Force Majeure Event
13.1 A “Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation:
(a) Acts of God, flood, drought, earthquake or other natural disaster;
(b) Epidemic or pandemic;
(c) Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) Nuclear, chemical or biological contamination or sonic boom;
(e) Any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
(f) Collapse of buildings, fire, explosion or accident;
(g) Any labour or trade dispute, strikes, industrial action or lockouts;
(h) Non-performance by suppliers or subcontractors; and
(i) Interruption or failure of utility service.
13.2 If you or us are prevented, hindered or delayed in or from performing any of our obligations under this agreement by a Force Majeure Event (the “Affected Party”), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations.
13.3 The Affected Party shall:
(a) As soon as reasonably practicable after the start of the Force Majeure Event, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
(b) Use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
13.4 If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than six (6) months, the party not affected by the Force Majeure Event may terminate this agreement by giving two (2) weeks written notice to the Affected Party.
14. Covid-19 and other public health emergencies
14.1 Both parties enter into this agreement in the knowledge that there is a risk of further disruption to the ongoing Covid-19 pandemic. Both parties agree that there is a risk that further restrictions may be imposed by the government and/or public health bodies for public health reasons with minimal notice. This clause is applicable if the Services cannot be provided as planned for one or more of the following reasons (the following list is not exhaustive), as a result of further public health concerns:
(a) A government restriction on the provision of the Goods in their entirety;
(b) Public health guidance on social distancing that means that the Supplier will no longer be able to utilise its employees;
(c) Public health guidance and/or government restrictions on travel that result in the Supplier’s employees being unable to go to their respective offices, the premises, or their required work location; and/or
(d) Any other public health guidance that leads to employee shortages for the Parties.
14.2 Unless both Parties agree otherwise, if the Services are postponed under this clause or clause 13.1, the Parties agree to uphold the terms and conditions of this agreement, subject to unavoidable impacts caused by Coronavirus or a Force Majeure Event as set out in clause 13.1 above.
14.3 Should the Parties breach any either national or local government law regarding social distancing, permissible gatherings or any pandemic legislation current at the time of breach then each Party will be liable in full for any fines or penalties incurred by themselves.
15.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party.
15.2 Each party may disclose the other party’s confidential information:
(a) To its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this 15; and
(b) As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
15.3 Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these terms and conditions.
16.1 We reserve the right to alter these terms and conditions at any time. Any such changes will take effect when posted on our website. It is your responsibility to read the terms and conditions on each occasion the website is used or products ordered. Your use of the website or your agreement to place wines in storage with us shall signify your acceptance to be bound by these latest terms and conditions.
16.2 If any provision of these terms and conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
16.3 These terms and conditions tract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.4 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the with these terms and conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in with these terms and conditions.
16.5 Unless it expressly states otherwise, these terms and conditions does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions.
16.6 No variation of these terms and conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
16.7 We will not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.
16.8 These terms and conditions shall be governed by the laws of England and Wales and you agree to the exclusive jurisdiction of the courts of England and Wales.
Last updated 11.11.21