Terms and Conditions
“Contract” means the contract for sale and purchase of Goods in accordance with these Terms.
“Customer” means the person, firm or company who accepts the Seller’s quotation for the sale of Goods, orders the Goods and whose order for Goods is accepted by the Seller.
“Goods” means all those products and services supplied by the Seller.
“Seller” means Brunswick Fine Wines Limited.
“Terms” means the standard terms and conditions of sale of the Seller as set out in this document to which all Contracts shall be subject. These Terms supercede any terms and conditions of the Customer.
“Orders” means a request by the Customer for Goods subject to these Terms.
The headings in these Terms are for convenience only and shall not affect their interpretation.
2. Prices and Contract
Unless otherwise specified, prices quoted on site website and associated price lists are:
Per case or per bottle as indicated.
Exclusive of VAT, excise duty and delivery charges.
Provisional and subject to our confirmation, upon acceptance of order.
All Orders are accepted by the Seller only under these Terms and these Terms shall be the sole terms and conditions of any sale by the Seller to any Customer. The Terms may not be altered except with the written agreement of the Seller. Any contrary or additional terms unless so agreed are excluded. The placing of an Order for or the acceptance of Goods by the Customer shall indicate unqualified acceptance of these Terms.
Orders are accepted by the Seller subject to availability of Goods at the time of delivery. Substitutions for out of stock items will only be made with the customer’s agreement.
These Terms supersede all previous oral or written representations, undertakings and agreements relating to the Goods.
The Seller shall not be liable in respect of any misrepresentation made by the Seller its employees or agents to the Customer as to the condition or quality of the Goods as far as English law allows or unless the representation is made or confirmed in writing by the Seller.
While the Seller takes every precaution in the preparation of its website, catalogues, price lists and other literature these documents are for the guidance of the Buyer only and statements therein shall not constitute representations by the Seller and the Seller shall not be bound by them. Any typographical, clerical or other error or omission in any sales literature, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
Payment is due at the time of order, other than for approved credit accounts. We reserve the right to cancel orders if we have not received payment within 14 days of the due date.
The Seller shall be entitled, at its sole discretion, to refuse or at any time to withdraw a credit account without giving a reason. In accepting the offer of a credit account the Customer agrees that the Seller may make periodic searches with credit reference agencies and fraud prevention agencies to manage the Customer credit account. The Seller shall not disclose any information obtained carrying out such searches to any third party without the Customer’s consent except as may be required by law.
If the Customer has a credit account with the Seller the Customer shall make payment for the Goods in cleared funds on or before the date the invoice is due for payment. This is invoice date plus the payment terms (unless otherwise agreed in writing).
Payment may be made by bank transfer, UK cheque (allow 5 working days for cheques to clear). Approved trade accounts may be granted 30 days credit at our discretion. Overdue sums carry interest from the date when payment becomes due at 5% per annum above the base rate of the Bank of England from time to time. Until all sums due to us have been paid we shall be entitled to retain possession of any goods to which you would otherwise be entitled. If any payment is overdue we shall be entitled to suspend deliveries/collections.
The price payable for Goods shall be that stated on this website or price list unless otherwise agreed in writing by the Seller. Unless specified, all prices are quoted exclusive of Value Added Tax which is payable at the rate ruling at the date of Order unless zero rated or exempt from VAT.
The prices of Goods are subject to alteration without prior notice. Specifically (and without limiting the foregoing) prices are subject to alteration to reflect changes in duty or foreign exchange rates and variations in the prices charged to the Seller by their suppliers.
4. Title and Risk
By transacting on this website you enter into a contract with Brunswick Fine Wines.
Title to all products or services sold on this website shall remain with Brunswick Fine Wines until payment in full has been received. You may resell any product but will account for the sale if so required by Brunswick Fine Wines and if title to the product has not passed to you then prior to such sale you must notify the purchaser of these Terms and Conditions relating to the title to the product.
We shall retain title to all goods (other than goods in your direct physical possession following delivery or collection and payment in full for those goods) sold by us until all the sums due from you in respect of any order have been paid. Risk in all goods shall pass to you as soon as we notify you that they are available and earmarked under your order. If goods within our ownership are held by any third party on your behalf you will upon our request instruct that third party to hold the good.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness, any of the Goods which remain the property of the Seller, but if the Customer does so, all monies owing by the Customer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
Without prejudice to the foregoing none of the Goods are supplied on a “sale or return” basis.
Wines are sold for collection from our warehouse. We will let you know shortly in advance of the expected time of availability and you must give at least 48 hours prior notice of collection. Indications of delivery dates prior to that are estimates and not intended to be contractually binding. We may at your request and as your representative arrange transport but we accept no liability for any failure on the part of carriers. If goods are not collected or delivered within three months we will be entitled to make a reasonable storage and administration charge (currently £10.00 excl. VAT per case per annum).
You undertake to inspect all goods when collecting or immediately on delivery and to notify us or the carrier forthwith of any shortage or damage or other deficiency.
You will be deemed to have accepted the goods as satisfying your order upon your acceptance, and thereafter will not be entitled to reject products for any reason, and no returns or credits will be permitted thereafter.
(a) If payment is not made within four weeks of the due date or if goods have not been collected within three months of notification of their availability or if there is an earlier indication that payment will not be made or goods will not be collected, we will send you written notice to the invoice address of our intention to dispose of the goods. If you do not object in writing within 10 days of the dispatch of such notice accompanying such objection with payment in full or where appropriate confirmed arrangements for collection, we will be entitled to resell the goods by a method entirely in our discretion.
(b) Upon resale you will receive a credit of the net proceeds less 20%. Any balance due after the credit shall remain payable and shall continue to carry interest. The exercise of this right of resale does not affect any other right we may have.
8. Force Majeure
We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.
We will act in good faith when purchasing all products sold through Brunswick Fine Wines & Spirits, but we will not be responsible for the condition of products or whether the product corresponds to the qualities which might be expected from its description.
The placing and accepting of oral orders, or orders communicated through any electronic means, such as email, shall form a contract on these terms, conditional upon our written confirmation of order which may be by the delivery of an invoice or via an email confirmation.
All contracts are made under English Law and are subject to the exclusive jurisdiction of the courts of England and Wales.
Returns are permitted if the Goods were delivered to the Customer incorrectly (these should be reported to the Seller within 3 working days of delivery). Authorised returns must be arranged in advance to allow sufficient time for collection documentation to be raised. The returned goods must be the same goods as those supplied, no substitutions are permitted. Goods must be returned in exactly the same condition as they were supplied.
The Seller warrants that the Goods will correspond with any description given in its price list / website or specification and be of satisfactory quality and will comply with all applicable UK legislation governing the sale of the Goods and the Seller will at its option refund the purchase price of, or replace free of charge any Goods which its examination confirms are defective provided:
Customer makes a full inspection of the Goods immediately upon delivery;
Customer notifies the Seller immediately of any defects which it discovers;
Customer provides a proof of purchase;
Customer has stored the Goods in a suitable environment and at the appropriate temperature; and
Goods are either made available to the Seller for inspection or returned to the Seller in their original condition and packaging, as the Seller may request.
In no circumstances shall the Seller’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.
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.
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.
Nothing in these Terms shall exclude or restrict the Seller’s liability for death or personal injury resulting from the Seller’s negligence.
The Seller 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 Seller has been advised of the possibility of such potential loss.
15. Data Protection
The Customer consents to the processing by or on behalf of the Seller of personal data (as defined by the Data Protection Act 1998) supplied by the Customer or held by the Seller for the purposes of administering the Customer’s account and processing any orders. The Customer consents to the use of such personal data for direct marketing purposes. The Customer’s statutory rights under The Data Protection Action 1998 remain unaffected.