Terms & Conditions
Current as of 27 March 2014
1.1. The "Seller" means FortyFive10 Limited, with UK Company Number 4466335 and being situated at Unit 4, Glenville Mews, Kimber Rd, London SW18 4NJ
1.2. The "Buyer" is the person or company buying the Goods under These terms and conditions
1.3. The "Goods" means the products Which are to be sold under a contract of sale between the Seller and the Buyer.
2. Formation of Contract
2.1. Shall These conditions apply to all contracts between the Seller and the Buyer to the exclusion of all other terms and conditions.
2.2. All orders Shall be deemed to be an offer by the Buyer to purchase Goods Pursuant to These conditions. Acceptance of Goods at delivery Shall be deemed conclusive evidence of acceptance of These conditions.
3.1. Prices Those Involved will be ruling at the date of dispatch of the Goods.
3.2. If by mistake the Seller has an underpriced item, the Seller will not be Liable to Shops Shops provide That item at the price provided Stated That We notify the Buyer Within seven working days of delivery. Refunds or credit notes may be used to credit the Buyer with any funds Resulting from such a transaction. In the event an item Has Been overcharged a full refund of the difference will be given, either by applying a credit note (in the case of credit account holders) or interbank transfer (in the case of private clients).
3.3. Subject to Clause 3.1, all quoted prices are subject to change without notice.
3.4. All prices are quoted and delivered duty paid and exclusive of value added tax Which will be charged at the rate in force at the time of dispatch of the Goods.
4. Terms of Payment
4.1. If the Buyer has not opened a credit account with the second Sellers payment terms for all orders Shall be required in cleared funds before the Goods are dispatched.
4.2. If the Seller has a current credit account with the Seller then payment terms Shall be as agreed in writing and in September out in the credit account application approved by the Seller as may be varied in writing by the Seller or if no such terms are been agreed no later than 30 days from the end of the month in which the Goods are delivered to the Buyer and in either event in full without set off or counterclaim. Time for payment is of the essence.
4.3. Payment is by interbank transfers or checks made o ayable 'Fortyfive10 Ltd'. Orders may be delayed transfers of money by not being confirmed by the Respective banks. Please note that it is the Buyer's responsibility to contact Their bank to speed up this process if the order is required urgently.
4.4. In the event of non-payment of any sum two to the Seller by the due date, all sums owing to the Seller by the Buyer Shall immediately become two.
4.5. The Seller reserves the right to charge interest on unpaid invoices and any other two sums to the Seller and outstanding at a rate of 5% of the invoice total, charged per month from the date When payment Becomes When two until the date payment is made and interest will accrue after as well as before any judgment. The Buyer will reimburse the Seller for all costs and expenses (including legal costs on an indemnity basis) incurred in the collection of any overdue amount.
4.6. Without prejudice to any rights Which the Seller may have in the event of non-payment of any sums outstanding on the due date, the Seller Shall have the right to cease supplying other Goods ordered by the Buyer from the Seller Whether under this Contract or any other.
5.1. Time and dates quoted for delivery are estimates only and the time for delivery of the Goods Shall not be of the essence.
5.2. Where delivery is made installments, delay in delivering one or Opinions more installments will Shall not entitle the Buyer to refuse to accept any remaining installments.
5.3. The Buyer Shall not refuse to accept delivery of any consignment or installment on account of any shortage or defect in any other delivery.
5.4. Delivery takes place When the Goods are delivered to the ground floor entrance of the building of the Buyer's premises as stated in the order.
5.5. The Seller Shall not be Liable in any way for any losses, damages or expenses (Whether direct, indirect or consequential) Suffered by the Buyer two to any delay in failure in delivering the Goods.
Without prejudice to any other rights Which the Seller It may have, where the Buyer does not accept delivery of the Goods to transport and delivery charge equal to 15% of the value of the order nett nett accepted Goods Shall be payable by the Buyer to the Seller.
5.6. If the Buyer is not at the delivery address at the time of delivery and they wish us to leave the order in a safe place, please advise the Seller in advance. The seller regrets That neither the Seller or our carriers can accept responsibility for any loss or damage wich Subsequent OCCURS once the consignment Has Been left.
6. Short Delivery / Wrong Product Delivered / non-delivery
6.1. No claims for shortage, for damage to Goods or for delivery of wrong products Shall be made less the Seller is Notified in writing quoting number of delivery note or invoice number within 24 hours after the time of delivery in accordance with Clause 5 and in the absence of such notification the Buyer Shall be deemed to have accepted the Goods and payment in full will become two seconds with the terms of Clause 4.
6.2. No claims for non-delivery Shall be made less the Seller is Notified in writing within 7 days of the date of invoice. In the absence of such notification, the Seller Shall be deemed to have delivered the Goods and payment in full two become second with Clause 4.
7. Damage in Transit
7.1. Goods damaged in transit must be reported to the Seller immediately by signing the delivery note "damaged on arrival". This must be returned to the Seller within 24 hours of the time of delivery. Any damaged Goods must be retained (including wrappings, cartons, etc.) for inspection.
7.2. In the event that the delivery note was signed but not marked "damaged on arrival" the Seller can not be held responsible for damages in transit.
8. Return of Goods
8.1. Goods can not be accepted for return without the prior consent of the Seller, Which will be given at the Seller's discretion.
8.2. A handling charge of 15% of nett order value will be made o n Goods.
8.3. Any Goods returned in accordance with this clause 8, must be in pristine condition and returned Correctly packed in its original packing.
8.4. Risk in any Goods to be returned remains with the Buyer until the Goods are delivered to the Seller or until the Seller collects such Goods.
8.5. In the case of faulty or corked wines, the Buyer must notify the Seller at the earliest possible opportunity and arrange its return for verification. A faulty or corked wine is quite evident and you usually you Therefore bottles returned with less than two thirds of the product left can not be accepted for credit or refund, it being deemed to sono stati enjoyed by the Buyer.
9. Quality of Goods
9.1. Save as Expressly provided, all warranties and conditions Relating to quality, or compliance with description (Whether implied by statute or otherwise) are hereby excluded to the extent permitted by law PROVIDED THAT nothing in These conditions Shall exclude or restrict liability for death or personal injury Caused by the negligence of the Seller.
9.2. If a wine is corked faulty or the Seller will offer a replacement or credit on the return of the bottle in question. If a wine Has Been kept too long or stored inappropriately we may not be Able to offer a refund.
10. Inability to Supply
10.1. Without prejudice to any other condition hereof if any product Shall not be available at the warehouse or UK Sellers Should the despatch or delivery of the whole or any part of the Goods be interrupted, Prevented or hindered by any cause or causes whatsoever beyond the Seller's control, the Seller Shall be Entitled to postpone or suspend any delivery or deliveries until (in the Seller's reasonable judgment) any such clause has ceased to operate. The Seller Shall be under no liability whatsoever in respect of such postponement or suspension.
10.2. If the Seller does not apply to supply any Goods to its unavailability at its two warehouse or if despatch or delivery is delayed for more than one week, the Seller has the option of canceling the contract and / or crediting or refunding any payment made by the Buyer.
11. Product Changes: Vintage wines are subject to change. When a vintage changes then next available vintage will be supplied, Which may be at a different price.
12. Retention of Title
12.1. Risk in the Goods shall pass to the Buyer on delivery and the Buyer Shall insure the goods with a reputable insurance company against all risks for Their full value from That Time.
12.1.1. Notwithstanding the provisions of Clause 12.1, and property ownership in the Goods Shall not pass from the Seller until the Buyer Shall have paid the Seller for the goods; and no other sums are then outstanding from the Buyer to the Seller on any account whatever whether or not such sums have become two for payment.
12.1.2. Until property in the Goods passes to the Buyer, the Buyer Shall be bailee of the Goods; and store the Goods separately from Those of any other person and Ensure they are readily identifiable as the property of the Seller.
12.2. Notwithstanding the provisions of this clause, the Buyer may as principal in the ordinary course of its business sell the Goods for market value or use the Goods in the ordinary course of its business.
12.3. At any time prior to property in the Goods passing to the Buyer, in the event of:
12.3.1. T he uyer's insolvency;
12.3.2. T he uyer's failure to pay any amount two to the Seller; or
12.3.3. A ny breach by the Buyer of These conditions, the Buyer must immediately place any Goods in its possession or under its control at the Seller's disposal and the Seller's Representatives Shall have (without prejudice to any of the Seller's other rights and remedies ) the right to enter the Buyer's premises retake possession of such goods. In such event, the Buyer Shall attorney That the Seller has access to the premises of any third parties where Goods in which property has not yet passed to the Buyer are stored.
12.4. Should any event listed in Clause 12.5 occur, the Buyer's right to sell and to use the Goods Shall immediately cease.
13. Miscellaneous: The contract Shall be Governed by and construed secondo with Inglese law and the parties hereto submit to the non-exclusive jurisdiction of the courts Inglese.
These terms and conditions may be modified from time to time.