TERMS AND CONDITIONS OF SALE

1                    These terms

1.1                  These are the terms and conditions on which we supply wines, spirits and/or other goods (collectively referred to in these terms as “goods”) to you. Please read them carefully before placing an order with us.

1.2                 You must be over 18 years old to order alcohol from us. By placing an order with us, you warrant that you are at least 18 years old and we reserve the right to ask you to provide evidence of your age at any time.


2                   Information about us and how to contact us

2.1                 We are LFW Limited, a limited company registered in England and Wales under company number 09510637. We have our registered office at c/o Dixon Wilson Chartered Accountants, 22 Chancery Lane, London, WC2A 1LS and our VAT number is GB 221 2954 34.

2.2                You can contact us by emailing us at info@lowndesfinewines.com or by writing to us at our registered office. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you placed your order.

2.3                When we use the words “writing” or “written” in these terms, this includes emails.


3                   Our contract with you

3.1                 Our acceptance of your order will take place when we email you to confirm it or, if later, when we send you an invoice, at which point a contract will come into existence between you and us.

3.2                If we are unable to accept your order, we will inform you of this and will not charge you. This might be because the goods you wish to order are out of stock or otherwise unavailable, because we have identified an error in the price of the goods or because we are unable to meet a delivery deadline you have specified.

3.3                We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.


4                   Your right to make changes

If you wish to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the goods you have ordered, the timing of supply or anything else resulting from your requested change and ask you to confirm whether you wish to go ahead with the change.


5                   Storage

Wines purchased from us, including en primeur wines once delivered to the UK, can be stored (by the complete unmixed case) under controlled conditions with our cellarage partner LCB at their warehouse in Dinton, Wiltshire. Wines are held in your own name separately from other stock. A charge of £10 per case is payable annually in arrears, inclusive of VAT and insurance. We reserve the right to increase this annual charge without prior notice.


6                   Delivery

6.1                 The cost of delivery for any goods you order will depend on your location and the speed of delivery you require and will be notified to you when you place your order or, if you buy any wine en primeur or choose to have any wine held in storage, at the time you request delivery.

6.2                Unless you have indicated to us that you would like any wines to be held in storage, we will contact you as soon as the goods are available for delivery to agree a delivery date and we will use reasonable endeavours to ensure that delivery takes place on the date agreed between us. However, we will not be under any obligation to deliver the goods to you if any charges payable by you remain outstanding.

6.3                If delivery is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but, if there is a risk of significant delay, you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

6.4                If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. Alternatively, if you know that no one is going to be available to take delivery, you can ask us to leave the goods in a safe place (for example, in your garage or with a neighbour), although please note that neither we nor our carriers will accept any responsibility for any loss or damage which occurs after your goods have been left in the place specified by you.

6.5                If, after a failed delivery to you, you do not rearrange delivery, we will contact you for further instructions and may charge you for storage costs.

6.6                We reserve the right to charge for redelivery of orders that have not been completed due to you having supplied incorrect address information or where no one is available to take delivery.

6.7                All goods ordered by you will be your responsibility from the time we deliver them to the address you gave us. You are responsible for inspecting all goods as soon as possible following delivery and you must notify us immediately (and, in any event, within 72 hours) of any shortages, damage or other deficiencies.

6.8                Ownership of goods will pass to you once we have received payment in full of all outstanding charges.


7                    Your rights to end the contract

7.1                 You can end your contract with us if:

7.1.1             we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;

7.1.2            there is a risk that supply of the goods may be significantly delayed because of events outside our control; or

7.1.3            you have a legal right to end the contract because of something we have done wrong.

The contract will end immediately and we will refund you in full for any goods which have not been provided.

7.2                Subject to clause 7.3, you have 14 days after the day you receive the goods to change your mind about the goods and receive a refund, although this may be subject to deductions and you will have to pay the costs of return of any goods. If goods forming part of the same order are split into several deliveries over different days, you have until 14 days after the day you receive the last delivery to change your mind. The goods must remain in good condition and you do not have a right to change your mind in respect of goods which have been opened, consumed, damaged or otherwise treated in such a way as to make resale impossible. If any returned goods are not deemed to be in a suitable condition for resale, a redelivery fee will be charged.

7.3                Any order for en primeur wines can only be cancelled within seven days of placing the order. You must notify us in writing of cancellation of the order, following receipt of which we will refund you in full for the purchase price (if already paid). Unfortunately, orders for en primeur wines cannot be cancelled after this time.


8                   How to end your contract with us (including if you have changed your mind)

8.1                 To end the contract, please let us know by emailing us at info@lowndesfinewines.com, providing details of the order (including order number) as well as your name, phone number and email address.

8.2                If you end the contract for any reason after the relevant goods have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind, you must return the goods within 14 days of telling us that you wish to end the contract.

8.3                We will pay the costs of return if you are ending the contract for any of the reasons set out in clause 7.1. In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.

8.4                We will refund you the price you paid for the goods, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 8.5.

8.5                If you are exercising your right to change your mind:

8.5.1            we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount; and

8.5.2           the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

8.6                We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.


9                   Our rights to end the contract

9.1                 We may end the contract at any time by writing to you if:

9.1.1             you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due; or

9.1.2            you do not, within a reasonable time, allow us to deliver the goods to you.

9.2                If we end the contract in either of the situations set out in clause 9.1, we will refund any money you have paid in advance for goods we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.


10               If there is a problem with the goods

10.1              Whilst we will always act in good faith when purchasing goods and will use all reasonable endeavours to ensure that all goods in our possession are kept in appropriate conditions, we will not be responsible for the condition of goods and whether they correspond to qualities which might be expected from their description. At our discretion, we will consider replacing any goods which are not considered drinkable.

10.2             We will not be responsible for any deterioration in the condition, or decrease in the value, of goods due to natural processes or the goods being stored for too long (whether by you or us).


11                Price and payment

11.1               The price of the goods will be the price set out in the invoice we send to you when we confirm your order. We take all reasonable care to ensure that the price of goods advised to you is correct. However, please see clause 11.4 for what happens if we discover an error in the price of the goods you order.

11.2              Unless stated otherwise, all prices on our website and on our invoices are:

11.2.1          per case or bottle, as indicated;

11.2.2         exclusive of VAT and duty; and

11.2.3         exclusive of delivery charges.

11.3              When you request delivery of any wine purchased en primeur or otherwise held in storage, you will be liable to pay VAT and duty in addition to the price already paid at the time of purchase. If the rate of VAT or duty changes between your order date and the date we deliver the goods to you, we will adjust the rate of VAT that you pay (unless you have already paid for the goods in full before the change in the rate of VAT takes effect).

11.4              We will normally check prices before accepting your order. However, it is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. If the correct price for the goods at your order date is less than the amount we invoice you for, you will only be liable for the lower amount and, if you have already paid for the goods, we will refund you the difference. If, having accepted your order, we discover that the correct price for the goods is more than the amount we have invoiced you for, we will contact you for your instructions but reserve the right to end the contract, refund you any sums you have paid and require the return of any goods already provided to you.

11.5               We accept payment by electronic bank transfer (BACS)only. You must pay for all goods and storage charges within 14 days following the date of any invoice received from us. Please note that we will not process your order until we have received payment for the goods.

11.6              If you do not make any payment to us by the due date, we may charge you interest on the overdue amount at the rate of 4% a year above the base lending rate of C. Hoare & Co. from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us the interest together with any overdue amount.

11.7               If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.


12               Our responsibility for loss or damage suffered by you

12.1              If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).

12.2             We only supply goods for personal and private use. If you use the goods for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.


13               How we will use your personal information

We will use the personal information you provide to us in accordance with our Privacy Policy.


14               Other important terms

14.1              We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2             You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.

14.3             The contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4             Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

14.5              If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a storage payment and we do not chase you but we continue to store the goods, we can still require you to make the payment at a later date.

14.6             These terms of use are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are resident of Scotland, in which case you may bring proceedings in Scotland).