FortyFive10˚ Ltd: Retail Terms and Conditions

Updated May 2020

1.       Definitions

1.1.     The "Seller" means FortyFive10 Limited, with UK Company Number 4466335 and being registered at 121 Grosvenor Place, Margate, Kent, England, CT9 1UX.

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.     These conditions shall 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.       Prices

3.1.       Prices involved will be those ruling at the date of dispatch of the Goods.

3.2.       If by mistake the Seller has underpriced an item, the Seller will not be liable to provide that item at the stated price provided 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 duty paid and delivered and inclusive of value added tax which will be charged at the rate in force at the time of dispatch of the Goods.

4.     Deliveries

4.1  Deliveries are mad on our behalf by London City Bond. Within the Central London Area, orders placed by 1pm will be delivered the next working day . Any order for the UK mainland will be delivered within 3 working days. If we anticipate a delay, we will contact the buyer as soon as possible.

5.       Terms of Payment

5.1 The Company must receive payment in full before delivery will be arranged unless the Company has agreed credit terms. The Company will not enter into a sale or return arrangement unless specifically agreed prior to order confirmation.

6.       Delivery

6.1.     Time and dates quoted for delivery are estimates only and the time for delivery of the Goods shall not be of the essence.

6.2.     Where delivery is made by installments, delay in delivering one or more installments shall not entitle the Buyer to refuse to accept any remaining installments.

6.3.     The Buyer shall not refuse to accept delivery of any consignment or installment on account of any shortage or defect in any other delivery.

6.4.     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.

6.5.     The Seller shall not be liable in any way for any losses, damages or expenses (whether direct, indirect or consequential) suffered by the Buyer due to any delay in failure in delivering the Goods.
Without prejudice to any other rights which the Seller may have, where the Buyer does not accept delivery of the Goods a transport and delivery charge equal to 15% of the net order value of the net accepted Goods shall be payable by the Buyer to the Seller.

7.       Short Delivery/Wrong Product Delivered/Non-Delivery

7.1.     All goods must be inspected at the time of delivery. Claims for breakage, loss or damage must be notified in writing to both the Company and the carriers within three working days. Non-delivery must be notified within 7 working days of date of invoice or dispatch note. Packing materials should be retained for inspection. No claims for compensation will be accepted if notification is made outside these deadlines. Corked or defective bottles should be returned to the Company for examination.

7.2.     No claims for non-delivery shall be made unless 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 become due in accordance with Clause 4.

8.       Damage in Transit

8.1.     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.

8.2.     In the event that the delivery note was signed but not marked "damaged on arrival" the Seller cannot be held responsible for damages in transit.

9.       Return of Goods

9.1.     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 usually quite evident and therefore bottles returned with less than two thirds of the product left cannot be accepted for credit or refund, it being deemed to have been enjoyed by the Buyer. The faulty wine must have been purchased from the Seller in the preceding six months to the claim in order for the wine to be credited or replaced.

10.    Data Protection

10.1 In placing an Order Request the Customer consents to the Company holding and using the Customer's personal information in order to inform the Customer of the Company's promotions and events. The Company will not pass Customer details to any third party save for the purpose of delivering Goods pursuant to an Order. If the Customer does not want to receive such information the Customer shall inform the Company of the fact in writing.

11.    Inability to Supply

11.1. Without prejudice to any other condition hereof if any product shall not be available at the Sellers UK warehouse or should the dispatch 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.

11.2. If the Seller does not apply to supply any Goods due to its unavailability at its warehouse or if dispatch or delivery is delayed for more than one week, the Seller has the option of cancelling the contract and/or crediting or refunding any payment made by the Buyer.

12.    Miscellaneous

The contract shall be governed by and construed in accordance with English law and the parties hereto submit to the non-exclusive jurisdiction of the English courts.

13.    Data Protection

Use of Data

FortyFive10 Ltd uses the collected data for various purposes:

  • To provide and maintain our Service

  • To notify you about changes to our Service

  • To allow you to participate in interactive features of our Service when you choose to do so

  • To provide customer support

  • To gather analysis or valuable information so that we can improve our Service

  • To monitor the usage of our Service

  • To detect, prevent and address technical issues

  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), FortyFive10 Ltd’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Fortyfive10 Ltd may process your Personal Data because:

  • We need to perform a contract with you

  • You have given us permission to do so

  • The processing is in our legitimate interests and it's not overridden by your rights

  • To comply with the law

Retention of Data

FortyFive10 Ltd will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

FortyFive10 Ltd will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. FortyFive10 Ltd  aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your Personal Data

  • The right of restriction. You have the right to request that we restrict the processing of your personal information.

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where FortyFive10 Ltd relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

Email: wine@fortyfive10.com
Phone: 02088751784

AWRS No. XTAW00000101283
VAT No: 766 0376 15