Terms and Conditions
The terms and conditions set out below ("Terms and Conditions") are important as they govern the terms upon which you will be a customer ("Customer" and "you") of H&H Bancroft Wines Limited ("HHB" and "we") and upon which HHB will supply any wine ordered and/or purchased by you or on your behalf ("Wine") through www.bancroftwines.com. No other terms and conditions shall apply in respect of the purchase of such Wine unless expressly accepted in writing by HHB.
Order Process
Once you have placed an order with us, you will receive an order acknowledgement email setting out the products you have ordered. This acknowledgement email is not an acceptance of your order by HHB. Your order will have only been accepted and the contract between you and HHB will have been created once the Wine has been despatched to you. En Primeur orders only: your order will only have been accepted and the contract between you and HHB will have been created once the invoice is dispatched to you.
Wine Quality
While we make every effort to ensure the proper cellaring of wines in our possession and will act in good faith in purchasing wines, we cannot be responsible for the condition of any Wines or whether they show any attributes which might not be expected. In our absolute discretion we will consider requests for replacing the unopened balance of an order which is undrinkable.
Ownership
Title to all Wine shall remain with HHB until payment in full has been received for the Wine and any other sums owed to HHB (whether or not then due and whether or not owing in respect of the Wine supplied) and the Wine has been dispatched to you. You may resell the Wine but will account for the sale if so required by HHB and if title to the Wine 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 Wine.
Until title passes, you will hold the Wine as HHB's bailee. The Wine is to be stored carefully, securely and separately from other wine and is to be easily identifiable as stock supplied by HHB and when it was supplied and is to be sold on a first in first out stock rotation basis.
Until title passes, if you fail to make a payment as it falls due to HHB or HHB, acting reasonably, believes that you will or are likely to fail to make any such payment, HHB is entitled without notice to enter any of your premises at which HHB believes any of the Wine is stored and to remove some or all of the Wine up to the value of the total amount due or to become due from you.
Lien
Where HHB holds Wine on your behalf, HHB shall have a right of lien on such Wine for any debts, claims and liabilities whatsoever for which you may from time to time be liable to HHB whether or not the same is due and in the event of any such debts, claims and liabilities not being paid within 10 days of the notice of the exercise of any such lien, HBB may sell the Wine and apply the proceeds towards the satisfaction of all such debts, claims and liabilities on whatsoever account owing and also all charges and expenses including legal costs (on a full indemnity basis) arising and incurred in relation to the exercise of any such lien. HHB's right to sell the Wine will additionally apply to all Wine that may come into HHB's possession following it first giving notice of the exercise of any such lien.
For the avoidance of doubt, all debts, claims and liabilities will be deemed to be owing to the extent they have accrued up to the date of the application by HHB of the proceeds of sale following the exercise by HHB of its right of sale regardless of whether they have been invoiced to the Customer and regardless of whether or not HHB is entitled to issue an invoice in respect of them at that date and regardless of whether any maximum credit period offered by HHB to the Customer is yet to expire.
Payment
Payment is due with the order, other than for approved credit accounts when it is due 28 days from invoice date unless otherwise stated. We accept payment by cheque, MasterCard, Visa, Delta or Switch cards. All payments for En Primeur orders by MasterCard or Visa will incur a 2% surcharge.
For direct fund transfers HHB's Bank details are:
Bank of Scotland
The Mound, Edinburgh, EH1 1YZ
Sterling account: 00623869
Sort Code: 80-20-00
Prices
All prices are per standard case (12 bottles, 6 magnums, 24 half bottles or a pro-rata combination thereof) in £ sterling, inclusive or exclusive of VAT as stated in the offer but are subject to alteration.
Availability
HHB carries finite stocks of all wines. HHB reserves the right to substitute wines of an equal or higher value.
Minimum Orders
The minimum order is one standard case (12 bottles, 6 magnums, 24 half bottles or a pro-rata combination thereof) .
Deliveries
Delivery to mainland England and Wales is free of charge for all orders of 36 bottles or more or of a value of £300 or more inc VAT. For all other orders, a charge of £10 excluding VAT (£11.75 inc VAT) is levied on any order for delivery to mainland England and Wales. Charges for other destinations, including Northern Ireland, Channel Islands, Scotland and overseas are available on request.
Providing orders are received by our Order Desk no later than noon on any working day, deliveries to central London will be executed the following working day. HHB will make every reasonable effort to comply with your delivery instructions but is unable to agree to guarantee delivery on the date the Wine is scheduled for delivery. Mainland England and Wales deliveries (organised on a pre-determined delivery schedule) are usually completed within 3 working days of receipt of order.
En Primeur: Please click here for seperate conditons.
Claims/Risk
All Wine shall be at your risk from the point of delivery to you, your agents or into bond if requested by you. Upon receipt of Wine you must examine the Wine delivered and sign to confirm receipt on any delivery note provided by HHB. If any Wine as delivered to you is subject to shortages, damage or errors you must note this on the delivery note or otherwise inform HHB within 48 hours of the time of delivery (or the next working day if delivery takes place on a Friday or preceding a Bank Holiday) and give details of such shortages, errors or damage. You must also retain such Wine and packaging and make it available for inspection and collection by HHB.
HHB will not be liable for any loss or damage of whatever nature directly or indirectly incurred by you or any third party arising out of or in connection with any late delivery, shortage of delivery or non-delivery of Wine to you.
Cancellation
You may cancel your order for any reason whatsoever within 7 working days of receipt of goods provided all of the bottles are unopened and intact. A refund excluding return postage and packaging will be given within 30 days from the date you notify us of the cancellation. In order to cancel your order you must notify us in writing to the Managing Director, H&H Bancroft Wines Limited, 1 China Wharf, 29 Mill Street, London, SE1 2BQ.
Data Protection
We may use your details, and share them with other carefully selected organisations to send you information about various products and services. Your name, address, email and telephone number may be given to those companies for that purpose. If you do not wish to receive such marketing information, please reply in writing to the Marketing Manager, H&H Bancroft Wines Limited, 1 China Wharf, 29 Mill Street, London, SE1 2BQ.
General
These offers are only available to persons aged 18 or over. Under the Licensing Act 1964 it is an offence for an individual aged under 18 to buy or attempt to buy intoxicating drinks.
No variation or waiver of any of these conditions shall be binding on HHB unless in writing or signed by a director of HHB.
Your statutory rights are not affected by any provision of these Terms and Conditions.
If you or we fail to exercise or delay in exercising any right or remedy which it may have under these Terms and Conditions, this will not be a waiver of the right or remedy. Neither shall any single or partial exercise of any right or remedy under these Terms and Conditions by you or us prevent any further exercise of the right or the exercise of any other right or remedy.
These Terms and Conditions constitute the entire and only agreement and understanding of the parties, and supersede any previous agreement or understanding between HHB and you relating to the subject matter of these Terms and Conditions. You agree that in entering into these Terms and Conditions you do not rely on, and have no remedy in respect of, any statement, expression or opinion, representation, warranty or understanding (whether negligently or innocently made) of any person if not expressly set out in these Terms and Conditions. Nothing in this paragraph shall operate to limit or exclude any liability for fraud.
These Terms and Conditions shall be governed by and construed in accordance with English law and you and we irrevocably submit to the exclusive jurisdiction of the English courts to determine any disputes which may arise in connection with them.
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