En primeur purchase: the purchase of a wine which is lying in the producer’s cellars, which may or may not be in bottle at the time of sale.
Under bond purchase: the purchase of a wine lying in the UK for which neither duty nor VAT have been paid.
The goods shall remain the Seller’s property until the Buyer has paid all sums in respect of the purchase due from it to the Seller.
Right of Withdrawal
Please note that Cellar&Co is a trading company and goods are sold on the basis of trade and not under the terms of the Consumer Protection Acts. As such there is no right of withdrawal from contracts to buy once confirmed by invoice. In limited circumstances, and at the explicit sole discretion of a director of Cellar&Co, a sale may be made on terms covered by the Consumer Protection Acts. Consumers have a fourteen day right of withdrawal from delivered contracts. Notice of cancellation must be given in writing and will be effective upon receipt at Cellar&Co’s trading office. Please note that in the event of a cancelled order, at Cellar&Co’s complete discretion a charge may be levied to cover the cost of collecting delivered goods and restoring them to their storage location.
Where goods are purchased ‘under bond’ and are subsequently delivered from Cellar&Co’s Client Account, duty and VAT charges are deemed to be raised at the owner’s request and are therefore non-refundable under any circumstances.
Notwithstanding that the Consumer Protect Regulations (2000) have been deemed not to apply to En Primeur sales, Cellar&Co will accept the purchaser giving notice of withdrawal from an En Primeur purchase within fourteen working days from date of invoice. Notice must be given in writing and will be effective upon receipt at Cellar&Co’s trading office.
Duty & VAT
All in bond/en primeur prices are exclusive of duty & VAT, which are the responsibility of the buyer. Should the buyer request that a wine be released from bond for delivery within the UK, duty at the prevailing rate, and VAT at the prevailing rate levied on the purchase price of the wine, will become due.
Where a wine is shown as being duty-paid, VAT at the current rate will be charged on the goods.
Duty & VAT – export orders
Where a wine is released to a nominated freight forwarder for export (see Delivery below) neither duty nor VAT will be levied.
EU arrangements (until 31st December 2020): the buyer will not be charged duty or VAT where a valid VAT registration number pertaining to the buyer is provided. Arrangements from January 2021 are subject to change.
All prices are in Pounds UK Sterling unless stated otherwise.
Format and packaging
Wines are offered in the formats and bottle sizes shown. Wines will be sold in sealed original cases unless otherwise stated. Whilst we take every care in specifying the formats in which wines are available we do not accept liability for consequential loss arising from inadvertant errors in descriptions.
Delivery – in the United Kingdom
Under bond prices include delivery to London City Bond’s under bond facilities, whether at Vinothèque or Tilbury. Delivery to other locations is subject to individual quotation. Upon shipment Cellar&Co will endeavour to deliver the wines to the customer’s designated storage point without delay. Cellar&Co does not accept any responsibility for late or non-delivery of goods arising from incorrect delivery information being provided, nor for the inability of the carrier to effect delivery within the terms of the service contract.
Delivery – International customers
Cellar&Co does not normally arrange delivery to international addresses. We are happy to release stock ex warehouse, once paid for, into the care of a nominated freight forwarder such as Connoisseur International Distribution, Davies Turner, Seabrooks etc. We will provide the buyer with a copy of the warehouse Release Order as confirmation. Our liability ends at the point that the goods are collected by the forwarder.
Condition of wines
Wines are normally sold on the basis of trade. Trade buyers will therefore understand that as an organic product wine is liable to change and occasionally deterioration through the ageing process and through contact with storage materials, including glass, cork and plastics, which themselves can suffer adverse change from naturally occurring processes. The risk of such deterioration is deemed to be accepted by the trade buyer as intrinsically associated with the product.
Customers are requested to carefully check all invoices so that mistakes can be rectified promptly. Cellar&Co takes considerable pride in the accuracy and diligence of its employees and agents, and will endeavour to satisfy customers’ requirements wherever possible. So far as the law permits however the company shall not be liable for consequential loss or damage in any respect.
Charges for storage do not apply to wines lying ex-cellars. For in bond storage refer to Cellar&Co’s Terms for Storage of Customers Wines.
In the event of non-payment of invoices, the company reserves the right to sell part of or all of the customer’s paid reserve in order to recover the outstanding charges. The company reserves the right to levy a charge to cover reasonable transaction and handling costs associated with the sale. Under no circumstances will the company credit the customer’s account with a sum greater than the original invoiced value.
Cellar&Co uses its best endeavours to recommend actions based on its understanding of individual customers’ requirements and objectives. Wine prices can go down as well as up and Cellar&Co cannot be held liable for unforeseen changes in value of wines traded on the open market. The sale of wines for investment purposes is not regulated under the Financial Services Act.
Cellar&Co undertakes to make its best endeavours to offer wines in quantities for which it has received confirmed allocations; however if for any reason beyond its control any wines offered En Primeur fail to be supplied by the producer or distributor, where possible similar wines will be offered and alternatively we undertake to refund any payments with interest made in respect of orders placed for the wines.
At Cellar&Co, we are committed to protecting your privacy in accordance with current UK legislation.
Cellar&Co and its Agents will accept no liability for their actions beyond those stipulated under relevant sections of the Sale of Goods Acts and Distance Selling Regulations.
The company will not be liable for failure to meet agreed obligations due to circumstances beyond its reasonable control.
All contracts are governed by English law and jurisdiction.