'Terms & Conditions'
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Set out below are the terms and conditions of sale which shall apply to all contracts for the sale of wines by the Company to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.
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Prices
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Prices set out in any brochure, price list or any other literature of the Company are in pounds sterling excluding value added tax (VAT) if applicable and are for guidance purposes only. All prices are subject to change and should be checked with the Company at the point of order. On acceptance of the order the Company will confirm the price payable.
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Payment
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Payment is required in full within upon receipt of invoice (unless otherwise agreed) prior to the wine being released to you. The Company reserves the right to cancel any order if payment is not received in full. Any unpaid bills will be subject to interest.
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Title
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All wines remain the property of the Company until payment is received in full. The property in Goods ordered from the Company shall pass to the Buyer only when all monies owed by the Buyer to the Company have been paid.
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Orders
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All orders for wines shall be deemed to be an offer by you to purchase the wines pursuant to these Terms and Conditions.
Receipt of an invoice from the Company will constitute acceptance of your order pursuant to these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions) shall be inapplicable unless agreed in writing. Minimum order from Bacchus Vintners constitutes 1 case. Case means a case holding 9 litres made up of either 6 magnums, 12 bottles or 24 half bottles. We reserve the right not to accept any order.
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Risk
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On the payment of invoices in full the risk in the wines ordered will pass from the Company to you (with the exception of wines purchased En Primeur) and they will be available for immediate collection or delivery from the Company's storage facility at Vinotheque, Burton Upon Trent.
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Storage
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Wines ordered will be held at Vinotheque in accordance with Vinotheque’s storage charges and Terms and Conditions (with the exception of wines purchased En Primeur). Wine is held 'offshore' in a bonded or tax warehouse so that duty and any local taxes are not applicable. Should you remove the wine from bond you will be subject to duty and taxes as applicable.
Only whole unmixed Cases will be put into storage. Case means a case holding 9 litres made up of either 6 magnums, 12 bottles or 24 half bottles.
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Liability
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All warranties and conditions either implied by statue or otherwise are excluded from these Terms and Conditions. Provided that nothing shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect your statutory rights as a consumer.
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Force Majeur
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The Company shall not be liable for any failure to meet its obligations under these Terms and Conditions occasioned by circumstances beyond its control.
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Assignment
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The Company may licence or sub-contract all or any part of its rights and obligations under this contract without your consent.
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Tax
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Wine can enjoy exemption from CGT because it is regarded by the Inland Revenue as a "wasting asset" with a predicted lifespan of less than 50 years. If you keep the wine in bond, you also avoid paying VAT and Duty.
The wine will form part of your estate for Inheritance Tax (IHT) purposes. It must be emphasized that gains by an individual are free from taxes, whereas gains arising from wine sales by a Company or trader are likely to be construed as trading receipts and taxed.
We strongly advise speaking to an Independent Financial Advisor.
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E&OE.
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