Terms and Conditions of Montevino Partners Ltd
Definitions and Interpretation
- “The Company ” is Montevino Partners Ltd 190 Billet road London E17 5DX (Company Number 09002932), and where the context permits includes its agents, employees or contractors
- “ Business Day ” means any day other than a Saturday, Sunday or public holiday in the United Kingdom
- “Claim ” includes any loss, claim, demand, damages, expense or cost (including legal costs) incurred by the Collector or brought against the Collector by any other person whether in contract or tort, under statute or otherwise
- “the Collector ” includes the person with whom any contract for the provision of Products or Services is made by the Company; and any person to whom the Company provides Products or Services.
- “Order” means the order for the Goods and or Services placed with the Company by the Collector as set out in the Montevino Partner’s invoice.
- “Products ” means any wine or other goods of any kind provided or sold by the Company to the Collector
- “Storage Facility” means a suitable facility for storage of the Products as nominated by the Customer.
- “Terms” means these terms and conditions including as may be varied from time to time in accordance with clause 2.3
- “VAT” means Value Added Tax.
Applicability of the Terms
- The supply of Products by the Company, and business undertaken by the Company, is in all cases subject to the Terms. No person acting or purporting to act on behalf of the Company has any authority to waive, add or to vary these Terms, unless the waiver, addition or variation is reduced to writing and signed by a director of the Company
- In particular, the Company will not be bound by any terms attaching to or accompanying any Order, and the Collector agrees that all such terms are excluded.
- The Company may vary these Terms at any time by giving notice to the Collector by email or otherwise in writing. Such addition or amendment will take effect 30 days after notice is given, or later in accordance with its terms, and continued placement of orders by the Collector with the Company after such notice has been given will be conclusive evidence that the Collector has accepted the Terms as varied.
- The Order placed by the Collector may not be cancelled except in accordance with clause 4.2 hereof; and may be accepted or rejected by the Company in its absolute discretion. Acceptance of an order by the Company is not effective until it is confirmed in writing by the Company to the Collector. If the Company is unable to supply the Collector with the goods and or services ordered, the Company will inform the Collector of this as soon as possible and will not process the Order and neither party shall have any liability thereunder.
Rejection and Cancellation
- The Company may reject any order placed by a Collector if there is not a sufficient quantity of Products available to the Company or if the terms upon which such Products are available are not acceptable to the Company in its sole discretion
- The Collector has a right to cancel an order by sending a written notification of cancellation to the Company within 7 days of payment being received into the Company’s bank account. If the Collector cancels the order, then any money that has been paid to the Company by the Collector will be refunded.
- The Company shall deliver the wine purchased into a bonded warehouse in the United Kingdom as nominated by the Customer and the price includes this but no other delivery charges.
- The price payable by the Collector for any Products ordered by a Collector will be the price quoted by the Company at the time the Collector places the Order as set out in the Purchase Contract; or such other price as the parties may subsequently agree in writing.
- Payment in full for Products ordered by the Collector, must accompany the Collector’s Order.
- The Company accepts payment in the form of cheques or bank transfers.
- If the Product is nominated by the Collector to be delivered to any address other than a UK bonded warehouse the Collector will pay all applicable taxes levies duties imposts and VAT thereon prior to delivery.
- The Collector must pay on demand, and must indemnify the Company in full against any agent’s fees, costs of handling and delivery or other expenses incurred as a result of delivery of any Product to an address other than a UK registered bonded warehouse recognised by the Company;
- The Collector acknowledges that although the Company may introduce potential insurers to the Collector the Company is not an insurer and not a broker and does not process insurance applications or receive insurance premiums. It is the Collector’s responsibility to keep the Products insured in their full replacement value.
- Title to the Products passes to the Collector as soon as the goods are ascertained and delivered to the Storage Facility for the account of the Collector. The Collector acknowledges that this may take up to 90 days due to shipping and other matters beyond the control of the Company.
Certificate of Ownership
- The Company will provide the Collector with certificate of ownership in relation to the Product upon delivery.
Listing of Wines for Sale
- The Collector may ask the Company at any time after the Certificate of Ownership has been issued to list the wines for sale on behalf of the Collector.
- The Company will assist in the referral to sell through its own trade affiliates, or will recommend agents.
- The Company will have completed its obligations by listing the Collector’s wines in trade, or by suggesting agents to sell and will not have any other responsibility whatsoever thereunder.
Future Wine Prices
- The Company will not be responsible for future wine prices.
Exclusion of Warranties Conditions and Representations
- The Collector acknowledges that the nature of the Products is such that the Company cannot and does not warrant:
- the quality, drink-ability, fitness for use or purpose or freedom from defect or deterioration of the Product except at the time of delivery or deemed delivery;
- the market value or appreciation or depreciation in value of the Products
- Without limiting clause 13.1, and to the fullest extent permitted by law:
- The Company expressly excludes all warranties, conditions and representations, whether express or implied, and whether contained in statute or common law. To the extent to which such warranties, conditions and representations cannot be excluded or restricted, these Terms will be read subject to those warranties, conditions and representations;
- The Company shall not in any circumstances be liable for any indirect or consequential loss or damage arising from wastage, spoilage or the deterioration of any Products, the loss of market for any Products, decline in the value of any Products or for any other damages arising from or attributable to any cause.
- The Company is a fine wine merchant. The Company offers wines for collectable purposes and does not recommend or sell other investment products. It does not offer tax advice. It is not regulated by the Financial Conduct Authority.
- The Company has undertaken its own research in respect of wine and offers its opinions in good faith on basis that the Collector must also rely on his own skill and judgement and on any specialist financial advice and not solely upon the view of the Company about investing in wine. This goes to the root of the relationship between the parties hereto.
- The Collector understands and acknowledges that the value of wine purchased from the Company may go down as well as up and that the Company cannot as does not give or make any guarantee statement or warranty about the future value of wine purchased.
- The Company will not be liable or responsible for any failure to perform or delay in performance of any of its obligations under these Terms or attributable or caused by acts, events, omissions or accidents that are caused or are beyond its control and that time is not of the essence.
- The Collector acknowledges and agrees that the Company has the authority of the Collector to send personal information to credit reference agencies and keep a record of any results.
- If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
- No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Rights & Remedies
- Unless specifically provided otherwise, rights and remedies arising under this agreement are cumulative and do not exclude rights and remedies provided by law.
- The Company may assign, or grant any encumbrance over, or deal in any way with, any of his rights under this agreement or any document referred to in it, or purport to do any of the same, without, in each case, the prior written consent of the Collector.
- Each party that has rights under this agreement is acting on his own behalf.
- This agreement constitutes the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the Orders.
- Each party acknowledges that, in entering into this agreement, he does not rely on, and shall have no remedy in respect of, any statement, representation, assurance or warranty of any person other than as expressly set out in this agreement or those documents. Nothing herein operates to limit or exclude any liability for fraud.
- Third Party Rights
- A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
- This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England.
- The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).