1. WHO WE ARE
This website is provided by T.M.B Wine Trading Ltd trading as Vintage California, a Company Registered in England Company number 08955324, VAT registration number 191 4474 94, AWRS - XXAW00000105441
2. ORDERING FROM T.M.B/Vintage California
2.1 You may order:
By email: [email protected]/[email protected]/[email protected]
This website is for information only, the company does not accept orders on this website
2.2 By placing an order with us you warrant that: you are legally capable of entering into binding contracts and you are at least 18 years old (or have attained the age, applicable in your country of residence, when you are legally able to buy alcohol, where this is higher).
2.3 These terms and conditions apply to all orders placed with us, however those orders are placed or processed and whether you are a consumer or dealing with us in the course of business.
3. HOW THE CONTRACT IS FORMED
3.1 All orders are subject to express acceptance by us and conditional upon receipt of payment by you for the products; the products being available in the quantities ordered; those products not having been previously sold by us; and our pre-release check in the case of Especially Rare products (see clause 17).
3.2 There will be no contract of any kind between you and us until your order has been accepted by us. Our online, email or telephone acknowledgement or receipt of your order does not constitute acceptance of the order.
3.3. Your order will be accepted when we confirm acceptance by issuing a pro forma invoice and/or sending confirmation of acceptance to you. At this point the contract will be binding upon you and us, subject to receipt of payment, the products being available, and our pre-release check where relevant. You agree and accept an obligation to pay for the products ordered subject to availability. If we are unable to source the products within 14 days of acceptance of your order at a price which is less than the price agreed in your order either party will be entitled to terminate the contract with respect to those products without liability.
3.4 When the products have been "released" to you, meaning that the products have been (a) assigned to you at our storage facility; or (b) delivered to you or (c) made available for collection, we will notify you.
3.5 Until we have issued a pro forma invoice to you we may at any time decline to provide the goods or services ordered without providing any reason.
3.6 We expressly reserve the right to refuse any order made by any customer for any reason, including any order from a customer with whom we have an ongoing dispute, or from any customer suspected of making purchases by fraudulent means or for fraudulent or illegal purposes.
3.7 Once the contract is concluded we are under a duty to supply products in conformity with the contract.
4. PRICES AND PAYMENT
4.1 The prices for any products ordered will be as quoted on our website, price list, or offer communications from time to time, except in the case of errors and/or omissions.
4.2 If, by mistake, we have under-priced a product or service, we will not be liable to provide that item to you at the stated price provided that we notify you before delivery of the item concerned or, in the case where we are not delivering an item, within 14 days of our express acceptance of your order and we may cancel your order provided we refund to you any payments you have made. You may agree to pay the correct price (but you are not obliged to do so) in which case we will proceed with your order.
4.3 We reserve the right to change our prices at any time and prices quoted on any price lists, offer communications or other materials may be out of date.
4.4 All listed prices are exclusive of VAT, duty and the cost of standard delivery (see "Delivery") except where stated. Orders will be subject to VAT, duty and delivery costs where applicable.
4.5 You may pay for an order by wire transfer, Credit or Debit card. We can only recieve payment in GBP.
5. TRADE ACCOUNTS
5.1 Trade customers may apply for credit accounts. Approved trade accounts may be paid on receipt of stock or other pre-agreed arrangements. If any payment is overdue we shall be entitled to suspend release of products.
5.2 We require payment in full in advance for all orders unless we have agreed to open a credit account for you. All credit accounts and goods provided on credit are provided at our sole discretion and subject to ongoing approval. We reserve the right to refuse credit, even to existing credit account customers, at any time.
5.3 Our agreement with you is not regulated by the Consumer Credit Act. We will only supply goods on credit to trade, business, professional, not-for-profit and public sector customers. We do not supply goods on credit to consumers. By opening a credit account, you agree and accept that you are not dealing with us as a consumer.
5.4 In order to open a credit account with us you will be required to supply us with references and such other information as we may request.
5.5 We reserve the right to carry out a credit reference search on you and any personal guarantors before opening the account. We may update this search at any time.
5.6 You agree that all information you supply in your credit account application is true, complete and not misleading.
5.7 When we open your credit account we will inform you of your credit limit and we reserve the right to adjust this limit at any time for any reason and to withdraw a credit account at any time, for any reason.
6. INTEREST ON OVERDUE SUMS
Overdue sums carry interest from the date when payment becomes due at 5% per annum above the base rate of Santander Bank plc.
7. CANCELLATION OF ORDERS – TRADE OR BUSINESS CUSTOMERS
Once an order has been accepted and confirmed by us by the issuance of an invoice or confirmation of acceptance, an order shall be non-cancellable (unless we are unable to source the products as set out above), and is a binding commitment by you to purchase the products. Such orders may be cancelled at our discretion only. In the event of non-payment of an invoice within the specified terms, we reserve the right to cancel the order and charge a cancellation fee of up to 20% of the outstanding sum.
8. CANCELLATION OF ORDERS – CONSUMERS
Right To Cancel Under The Consumer Regulations
8.1 If you are dealing with us as a consumer you have a right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Regulations”) and the following terms explain how to cancel and the effect of cancellation:
8.2 You have a right to cancel this contract within 14 days without giving any reason. However, you will not have a right to cancel the contract (unless the products are defective) if you have purchased products which are liable to deteriorate quickly.
8.3 The cancellation period will expire after 14 days from the day on which we release the products to you.
Effect of Cancellation
8.6 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).
8.7 We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.
8.8 We will make the reimbursement without undue delay and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier), 14 days after the day you provide evidence that you have returned the goods, or
- If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
8.9 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
8.10 You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days expires.
8.11 You will have to bear the direct cost of returning the goods.
8.12 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. DEFAULT
9.1 If any payment or liability owed by you to us is overdue for 21 days or the products ordered by you have not been collected within three months of being available, or there is an earlier indication from you that payment will not be made or the products you have ordered will not be collected, we shall be entitled to send written notice to the invoice address of our intention to deal with, sell or otherwise dispose of:
(a) the products ordered; and/or
(b) any other wine, products or goods held by us on your behalf in our storage facility and 7 days after sending such written notice we will be at liberty to do so unless we have received payment in full. Any method of resale is entirely at our discretion.
9.2 Upon resale you will receive a credit of the net proceeds of the resale, minus 20% to discharge our costs in effecting the resale. Such credit shall be limited to the amount of your indebtedness to us. Any balance which remains outstanding after the credit shall remain payable by you and shall continue to carry interest at 5% above the base rate of Barclays Bank plc from time to time. The existence of this right does not affect any other remedies we would have including offsetting any balance after credit against funds or other products held on your behalf.
10. TITLE AND RISK
10.1 We will retain title to all products (other than products released to you for which we have received payment in full) until all the sums due from you in respect of all outstanding invoices and/or orders have been paid.
10.2 Risk in all products shall pass to you as soon as we notify you of their release. If you have opted to use our storage facility then insurance will be included with the storage costs from release to you and our storage terms shall apply. If you are collecting the products, risk will pass on collection. If you are a consumer and we are delivering the products to you risk will pass to you on delivery.
10.3 If products within our ownership are held by any third party on your behalf you will upon our request instruct that third party to hold the goods to our order.
11. PRO FORMA INVOICE
Where a pro forma invoice is issued and client monies are held on account by us pending the sourcing of stock (or other circumstances preventing the immediate release of stock) title to the goods will not pass until we have issued a final invoice to you in respect of such goods.
12. INSURANCE
12.1 Products held on your behalf in a bonded warehouse on our instructions or in our cellars are insured at an estimated market replacement value. Please see our storage terms for more information.
12.2 Where products are to be delivered Carriage and Insurance Paid to point of destination (CIP), Delivered Duty Paid to named place of destination (DDP) or Delivered at Place to name of destination (DAP) we will supply the goods with insurance until point of delivery unless otherwise specified. At point of delivery cover will cease.
12.3 In respect of Ex Works (EXW) shipments we will make the products available at our premises. You will pay for all transportation costs and also bear the risks for bringing the goods to their final destination.
12.4 Insurance of goods in transit is normally covered under our standard insurance policy at an estimated market replacement value.
13. RELEASE FOR STORAGE, DELIVERY OR COLLECTION
13.1 Where you have opted to use our storage facility we will notify you once the products ordered have been assigned to you at our storage facility and we will store the products in accordance with our storage terms.
13.2 Alternatively national or international transport may be arranged by us, as your agent, at the rates of charge indicated on our website or notified to you by our account manager. Delivery times provided are estimates only and are not intended to be binding.
13.3 Where agreed, products may be collected from our London warehouse. Any indication as to when products will be available for collection is an estimate only and is not intended to be binding. We will notify you once products are available for collection and you must give at least 48 hours' notice before collection.
13.4 We shall be entitled to claim a storage and administration charge (at the rate of charge indicated) for goods which have not been collected/delivered within three months of being released.
14. REPLACEMENT PRODUCTS
Every product offered by us is available either at our warehouse or at the producer or our supplier. We will establish initial availability of the products ordered by you before acknowledging your order. Where this is not possible for any reason and where the product is temporarily unavailable or becomes unavailable, we may offer a replacement product of equal or increased value to you. You have the right to accept or refuse this replacement product. If you choose to refuse it you will be able, at your option, to either order another product from our website or price list or claim a refund of monies already paid.
15. ACCEPTANCE
15.1 You agree to inspect all products immediately on collection or delivery, or, if the products are assigned to you in our storage facility within 3 days of this assignment if you are a trade customer and within 14 days of this assignment if you are a consumer, and you agree to notify us or the carrier as soon as possible of any shortage or damage or other deficiency.
15.2 Where you have requested that we store the products on your behalf we will make the products available for inspection and we strongly advise that you or an agent on your behalf inspect the products.
15.3 Where you are a trade or business customer you will be deemed to have accepted the products as satisfying your order three days after collection, delivery or assignment to you in our storage facility.
15.4 Where you are a consumer you must notify us if the products are defective within 14 days from the date on which the products are collected, delivered or assignment to you in our storage facility.
16. WARRANTY
16.1 We warrant that any product purchased from us will match its description, but please note specific terms apply in respect of especially rare products set out in clause 17.
16.2 Where you are dealing with us in the course of business you undertake to inspect all goods when collecting or immediately on delivery and to notify us or the carrier immediately of any shortage or damage or other deficiency. If you have any reservations or comments about the appearance of or quality of the products, you should state these on the carrier's delivery statement. Alternatively, you must notify us of any complaints you may have within 3 days of collection/delivery. Unless we receive such a complaint from you within the period stated, you will be deemed to have accepted delivery of the products in accordance with your order.
16.3 Where you are dealing with us as a consumer you undertake to inspect all products as soon as possible and to notify us or the carrier of any shortage or damage or other deficiency. You must notify us of any complaints you may have that the products are defective within 14 days from the date on which the products are delivered, collected or made available. Unless we receive such a complaint from you within the period stated, you will be deemed to have accepted the products in accordance with your order.
16.4 If we supply any product with which you are not satisfied in appearance, then we will accept the product back for full refund, provided the products are returned in the same condition as when shipped. In order for us to accept a return you are required to make any claims within the time periods set out above.
16.5 We will act in good faith when purchasing products for resale and undertake the proper safekeeping and storage of products in our possession.
16.6 Whilst we take every effort to ensure that the products we purchase have been well-kept and are of good provenance and appearance, we do not provide an unlimited warranty as to their taste, as this cannot be ascertained by routine visual inspection at the time of sale.
16.7 It is quite normal to find that individual bottles can mature, improve, and decline in taste at different times. Older products are likely to be subject to wear and tear, imperfections and damage and we will not be liable for products which are in the condition to be expected, having regard to the age, provenance and nature of the products and, in the case of especially rare products (see clause 17), having regard to the provenance and condition report and other information supplied
17. ESPECIALLY RARE PRODUCTS
17.1 If you purchase especially rare products (that is, wine which is older than 20 years or costing more than £5,000 ex VAT per case of 12x75cl bottles or pro rata equivalent) the terms in this clause 17 (in addition to all of the other terms and conditions) will apply.
17.2 The description of the product appearing on the pro forma invoice is copied from the labels of the specific bottles or case being sold. We may also provide you with a provenance and condition report further describing the product. We believe that such descriptions are accurate and correct but we have no way of establishing definitively that the contents of each bottle corresponds with the label. If a defect is mentioned in the condition report or other description provided to you, you will not be entitled to reject the products as defective.
17.3 Before releasing the products we will undertake a pre-delivery check where we will look to confirm, for our own comfort, those matters which can be confirmed by a routine visual inspection. We are not able to undertake authentication whether by carrying out scientific tests or otherwise. Neither we nor any of our employees will be responsible for the accuracy of any statement made in good faith as to the authenticity, date, or provenance of any product or for any mis-description. Neither you nor anyone else will rely on our pre-delivery check. If within 14 days of delivery you satisfy us that the product is not authentic we may in our discretion accept its return but our liability will be limited as set out in clause 19.
17.4 For especially rare products we do not accept liability for the condition of the product in the bottle. We do not guarantee that the product will be fit for any particular purpose as especially rare products are purchased for a variety of purposes.
17.5 Any statements as to provenance are based on the information we have been supplied with by our supplier. We do not warrant such statements, but we will inform you in the event that we have reason to doubt the accuracy of such statements.
17.6 Professional opinions as to provenance and authenticity of especially rare products will vary and even following exhaustive research and testing it is often not possible to definitively establish the authenticity or provenance of a given product. For these reasons we are unable to guarantee or warrant provenance for especially rare products.
18. FORCE MAJEURE
We will not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.
19. OUR LIABILITY AND DISCLAIMER
19.1 Our liability in connection with any products purchased is limited to the sale price of such products. This does not exclude or limit in any way our liability to the extent that it may not be excluded or limited as a matter of law.
19.2 We cannot accept any liability for changes to or defects in the products which are due to the products' manufacturers or which are referred to in any information supplied to you.
19.3 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, anticipated savings, bargain, opportunity, revenue or business, however caused, even if foreseeable. We will have no liability to you or anyone else after any onward sale of the product by you. We accept no liability for any minor errors or omissions that can remain despite the precautions taken in the presentation of the products.
20. PERSONAL INFORMATION
To see how we treat your personal information please see our Privacy Policy here.
21. NOTICES
All notices related to these Terms and Conditions shall be sent to us in writing at the address stated above.
22. ASSIGNMENT
We may licence or sub-contract all or any part of its rights and obligations under this contract without your consent.
23. ADDITIONAL SERVICES AND SPECIAL OFFERS
From time to time we may offer services, special offers or promotions (or similar) that are not referred to in these terms and conditions. Such matters may be subject, to specific terms and conditions in addition (or in replacement of) these terms and conditions. By taking the service, special offer or promotion (or similar) you agree to be bound by such additional terms and conditions.
24. MISCELLANEOUS
We reserve the right to alter these terms and conditions at any time. Any such changes will take effect when posted on our website. It is your responsibility to read the terms and conditions on each occasion the website is used or products ordered. Your use of the website or your agreement to place an order shall signify your acceptance to be bound by these latest terms and conditions.
25. APPLICABLE LAW
These terms and conditions shall be governed by the laws of the England & Wales and you agree to submit to the exclusive jurisdiction of the courts of England & Wales.