Terms and Conditions

TERMS AND CONDITIONS

1. Legal age

1.1 In order to purchase wines from us you must be at least 18 years old or you must have reached the requisite age in your home territory for the purchase of alcohol.

2. Payment

Our preferred method of payment is bank transfer.

2.1 Payment is due immediately at the time of ordering. Our standard policy is to process payment at the time of ordering.

2.2 We will withhold any goods that a client has ordered but not paid for. We shall not be obliged to deliver or make available the goods to a client until the invoiced amount is settled in full.

2.3 If payment is not received within 30 days of invoicing a B2B/commercial client then late payment charges will be levied as follows (as per the Late Payment of Commercial Debts [Interest] Act 1998, amended 7th August 2002 and 16th March 2013):

• £40 for up to £1,000

• £70 for £1,000–£10,000

• £100 thereafter

Statutory interest on unpaid invoices will be charged at 8.25% per annum.

2.4 Should the debt still remain unpaid at 90 days from the invoice date, Arden Fine Wines will apply to a county court to claim money that we are owed by a person or business. Should the money still not be paid within 14 days (or any other agreed period) of a court hearing, Arden Fine Wines will ask the court to enforce the judgment, which might involve the court ordering the debtor to attend court to provide evidence of their income or spending; if the money is owed by a business, we can ask for an officer from the company to attend court and give details of its accounts; we can ask the court to send bailiffs to collect the money; we can ask the court to take money from the debtor’s wages to pay the debt; the court can freeze money in the debtor’s bank, building society, or business account; or we can ask the court to charge the debtor’s land or property.

2.5 We may levy a surcharge to cover handling and administration costs of debit cards (Visa, Mastercard, Maestro, Electron, Solo) as follows: Mastercard/Visa 2% of total invoice inc VAT and American Express 2.6% of total invoice inc VAT.

2.6 Arden Fine Wines accepts payments by PayPal.

There is no additional charge for orders below GBP£1,000.

For UK orders over the value of GBP£999, there is a transaction fee of 2.9% added to the total value of your order.

Example

Your order from Arden Fine Wines totals £1,000
Transaction fee of 2.9% added to the total value of your order
Total cost of the order GBP£1,029

For all non-UK orders, of whatever value, there is a transaction fee of 2.9% plus a cross-border fee of GBP£20 added to the total value of your order.

Example

Your order from Arden Fine Wines totals £1,000
Transaction fee of 2.9% added to the total value of your order
Cross-border fee of GBP£20 added to the total value of your order.
Total cost of the order GBP£1,049

2.7 Arden Fine Wines does not accept cheques.

2.8 Unless otherwise agreed, all sales will be processed and paid in GBP£.

3. Prices

3.1 The description and prices payable for the items or services that you order are set out on our website and in any emails, letters, text/WhatsApp messages, or phone calls to you.

3.2 If, by mistake, we have underpriced an item or service, we will not be liable to provide that item to you at the stated price provided that we notify you before we despatch the item concerned or, if we are not despatching an item, within 7 working days of our acceptance of your order and we may cancel your order provided we refund you any payments you have made. You may agree to pay the correct price in which case we will proceed with your order. In the event that you have been overcharged for an item, a full refund of the difference will be given.

3.3 We reserve the right to change our prices. Please refer to our website for all current prices. Please note that prices issued in any emails, letters, text/WhatsApp messages, or phone calls to you supersede any prices set out elsewhere if they are different, whether higher or lower.

3.4 Unless otherwise stated, prices listed for wines are quoted per bottle or per case, and include UK Excise Duty and UK VAT at the current rates.

4. VAT (Value Added Tax) and Duty

4.1 Wines offered under bond are subject to UK Excise Duty and VAT at the prevailing rates.

4.2 If Arden Fine Wines is sending goods to a business that is VAT-registered in a EU country, we can zero rate the supply for VAT purposes, as long as:

the goods are sent out of the UK to a EU country
whoever we’re sending them to is VAT-registered in a EU country
we get the customer’s VAT registration number, including the 2 letter country code, and show it on our sales invoice
we have “evidence of removal” showing that the goods have gone out of the UK
we dispatch the goods and get evidence of removal within 3 months. If not removed within 3 months, UK VAT will be payable by the customer.

4.3 VAT is a tax on goods used in the EU, so if goods are exported outside the EU, we do not have to charge VAT. We can zero rate the sale, as long as we get and keep evidence of the export, and comply with all other laws. We must also make sure that the goods are exported, and we must get the evidence within 3 months from the time of sale.

4.4 Arden Fine Wines makes no guarantees that goods purchased for export outside the EU are VAT-free.

4.5 If Goods are being ordered from outside the UK, import duties, tariffs and taxes may be incurred once your goods reach their destination. Arden Fine Wines is not responsible for these charges and we undertake to make no calculations or estimates in this regard. As the purchaser of the goods, you will be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival at port for customs purposes and Arden Fine Wines cannot guarantee that the packaging of your goods will be free of signs of tampering.

5. Availability

5.1 All wines and other goods are subject to availability.

5.2 If we are unable to supply a particular item, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.

6. When the contract is made

6.1 Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we accept your order and, in the case of wines and goods to be delivered to you, when we actually despatch the goods to you. At any point up until then, we may decline to supply the goods or services to you without giving any reason. At the moment we accept your order or, in the case of delivery of goods, when the goods are despatched a contract will be made between you and us.

6.2 A contract for sale which incorporates these terms in full will come into existence when we expressly accept your order. Please note that an acknowledgement of your order by us by telephone, email, text, WhatsApp, or by our website does not constitute acceptance of your order. Your order will be accepted when we take payment from you.

6.3 If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because certain goods are out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods, or because we are unable to meet a delivery deadline you have specified.

6.4 The contract between us is conditional on the wines being available for sale to you and coming into our possession and we will be entitled to decline any order at any time up to acceptance in the event that we are unable to secure the wines on your behalf.

7. Deliveries

7.1 Any dates and times specified for a delivery to you are estimates only and we do not guarantee to meet any fixed delivery date and time unless specifically agreed.

7.2 Delivery charges vary according to the size and weight of the order and the distance involved. We do not guarantee free or fixed-price delivery unless specifically agreed.

7.3 Non-UK overseas deliveries will be charged at cost. We do not guarantee free or fixed-price delivery for overseas deliveries unless specifically agreed.

7.4 If incorrect or incomplete information has been supplied for the recipient name and/or address, and/or this information has been conveyed later than requested by Arden Fine Wines to complete a delivery to a deadline, then Arden Fine Wines will not be liable for late or incorrect deliveries.

8. Insurance

8.1 Unless otherwise agreed, all non-UK overseas deliveries will incur an insurance charge of 1.5%-2% (minimum £20) of the value of goods purchased from Arden Fine Wines.

8.2 Should a client not wish to take out insurance, Arden Fine Wines will not be liable for any damage to goods while in transit, nor will Arden Fine Wines be liable for any goods lost in transit.

9. Cancelled orders

9.1 If you are dealing with Arden Fine Wines as a private customer you have a right – subject to the specific cancellation provisions in 8 – to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Regulations”).

9.2 You have a right to cancel your contract for the purchase of wines from Arden Fine Wines within 14 days.

9.3 To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. an email to hello@ardenwines.com).

9.4 To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

10. Effect of Cancellation

10.1 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 chose an enhanced delivery option).

10.2 We may make a deduction from the reimbursement for loss in value of any wines supplied if the loss is the result of unnecessary handling by you.

10.3 We will make the reimbursement without undue delay and not later than:

14 days after the day we receive back from you any wines supplied, or

(if earlier), 14 days after the day you provide evidence that you have returned the wines, or, if there were no wines supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

10.4 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 wines back or you have supplied evidence of having sent back the wines, whichever is the earliest.

10.5 You shall send back the wines 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 wines before the period of 14 days expires.

10.6 You will have to bear the direct cost of returning the wines.

10.7 You are only liable for any diminished value of the wines resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the wines.

10.8 If the order has been exported, upon cancellation the customer will be liable for all delivery charges incurred, and applicable taxes will also be charged back to the customer. If returned wines are not deemed to be in a saleable condition, a re-delivery fee will also be charged.

11. Refunds

In the event that wines are corked or out of condition for consumption, Arden Fine Wines will be under no obligation to offer replacements or offer other compensation of any kind and such replacements or compensation will be made entirely at our discretion.

12. Authenticity and Condition

12.1 Arden Fine Wines makes every effort to verify the provenance of its old and rare wines but it is not always possible to establish conclusively the authenticity or provenance of a given wine.

12.2 Whenever possible we supply a condition report together with photographs and such other information as may be available to us and it will be your decision whether or not to proceed with the purchase based on this information.

Condition

12.3 Where you have purchased wines from us then you accept that these wines may be subject to defects, imperfections, shortages, damage and normal wear and tear as described.

12.4 You accept that wines will be in the condition to be expected having regard to their age, provenance and nature or where we have notified you of any such condition or defect.

12.5 We do not accept liability for minor or inconsequential defects or imperfections.

12.6 We cannot guarantee that wines will always show at their best. Regardless of reputation, all wines can age and mature in different ways and we will not bear any liability for subjective judgments such as quality or drinkability. All older bottles are therefore sold as seen (in person or in images sent by us) and we cannot accept returns for any wines should they be corked, tainted, fatigued (oxidised), or faulty in any way.

12.7 You accept that, given the nature of our fine and rare wines, these terms are reasonable in all the circumstances.

13. Receipt of Goods

13.1 Deliveries should be signed for as “Not Examined” and you should inspect the goods as soon as possible and notify us immediately of breakages or wine shortages.

13.2 We are unable to guarantee credit or replacements unless we are notified within 14 days of delivery of the order.

13.3 Please be aware that multi-case orders can become separated.

13.4 Standard UK deliveries should arrive within three working days of the date of order, unless otherwise agreed or specified. Time-specific deliveries will be agreed and notified to the customer at the time of ordering.

13.5 If you will not be at the delivery address at the time of delivery and wish us to leave your order in a safe place, please advise us.

13.6 We regret that neither Arden Fine Wines nor our carriers can accept responsibility for any subsequent loss or damage which occurs once the consignment has been left.

14. Damaged deliveries

14.1 If your order arrives damaged – that is, it is different and shows damage compared to our records and images of the bottle or case, or it is broken – then please contact us.

14.2 If possible, we will arrange for the damaged order to be collected and a replacement order sent out as quickly as we can.

14.3 If your order cannot be replaced, our liability in connection with damaged goods is restricted to such amount as we may recover under our insurance policy.

15. Title / ownership

15.1 Title to all goods shall remain with Arden Fine Wines until all sums due from the buyer are paid in full. Title to the goods shall not pass to the Customer until we receive payment in full (in cash or cleared funds) for those goods and any other goods that we have supplied to you in respect of which payment has become due.

15.2 Goods will therefore become your responsibility from the time we dispatch the goods to the address you gave us or you/a carrier organised by you collect them from us.

16. Exchange of Gifts

16.1 We are only able to accept returned gifts and arrange refunds where this is sought by the purchaser with evidence of the relevant sales.

16.2 The item must be returned to our address as specified. The purchaser or recipient of the gift will bear the direct cost of returning the wines.

16.3 We are not able to exchange gifts on request of the recipient of the gift. We are unable to offer credit to the recipient of the gift.

17. Verification Checks

17.1 To ensure that your credit, debit or charge card is not being used without your consent, we will if necessary validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.

17.2 By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is performed, and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

17.3 All information revealed through such checks shall be used by us in accordance with our privacy policy, although we may refer any information which appears to be fraudulent or unlawful to relevant

third parties such as police or other enforcement authorities, banks or credit card companies as may be appropriate.

18. Change of address

18.1 It is the responsibility of customers to notify us promptly of any change in their contact details. We are not liable for any costs if goods are delivered to an incorrect address that has been given to us by a customer.

19. Allergen Information

Our wines may contain sulphites and other additives. Allergen information on specific wines is available upon request; please contact us by calling by emailing hello@ardenwines.com.

20. Force Majeure

Arden Fine Wines will not be liable for failure to meet agreed obligations due to prevailing circumstances beyond our reasonable control.

21. Jurisdiction

21.1 All contracts shall be governed by the laws of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction in relation to these contracts.

21.2 These terms and conditions shall be governed by the laws of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction in relation to these terms and conditions.

22. Liability

22.1 Arden Fine Wines’ liability in any circumstances under or in connection with any sale of wines will be limited to the purchase price paid by you for the wines.

22.2 We will not be liable for any indirect or consequential losses or damages including lost bargain, lost profit, lost reputation, or loss of anticipated savings.

22.3 We will not be liable to you or to any other party following the onward sale of wines by you.

22.4 Our liability for death or personal injury arising due to our negligence is limited to the amount that we are insured for.

23. General

23.1 We reserve the right to alter these terms and conditions at any time. Any such changes will take effect when posted on our website.

23.2 It is your responsibility to read the terms and conditions on each occasion the website is used or products ordered.

23.3 Your use of the website shall signify your acceptance to be bound by these latest terms and conditions.

E&OE.

Company registration number 9480476