Jeroboams - En Primeur Bordeaux 2010

Terms & Conditions

Terms & Conditions

2010 Bordeaux En Primeur Terms and Conditions

1. These terms and conditions apply to and form part of every contract between Jeroboams Shops Limited a company registered in England and Wales Registered No 2923018 and whose Registered Office is 43 Portland Road, London, W11 4LJ. (“Jeroboams”) and its customers (“Customer”). No Terms and Conditions which the Customer may seek to impose and/or variations of these conditions shall have any effect on this contract.

2. Buying En Primeur (“Goods”) is the purchase of wines that are yet to be bottled and released onto the market.

Bottle Size:

3. En Primeur wines are only purchased per unmixed 9 litre case, 12 x bottles, 6 magnums, unless otherwise stated in writing.

Price:

4. Unless the contrary is shown, prices on this site are:

A) Per case or per bottle (bt) as indicated.
B) Exclusive of VAT and duty.
C) Exclusive of delivery charges from London City Bond, Barking.
D) Provisional and subject to our confirmation, upon acceptance of order.

Orders and Availability:

5. Orders placed are subject to availability. Stocks of certain wines may need to be allocated subject to demand, in such case Jeroboams reserve the right to allocate the stocks amongst interested customers in such proportions as it deems fit at its absolute discretion. Some customers may not therefore be allocated any or only some of the quantities they have ordered. Orders will only be accepted if there remains unsold stock.

6. Jeroboams may decline to accept an order in the event that acceptance of the same would result in the customer exceeding their credit limit, if they hold a credit account with us.

7. No contractual obligation and/or liability are binding on Jeroboams or shall arise until Jeroboams:

A) send written acceptance of an order, which may also be by fax and/or email or
B) despatches the goods.

Shipping:

8. The 2010 Bordeaux will be bottled at the end of 2012, and shipped in the summer of 2013 some 2 to 3 years after the vintage.

9. The wines will then be held ‘in bond’ – no UK duty or Vat has been paid on the wine at this stage.

Delivery:

10. Jeroboams will contact the Customer when the wines are delivered to the UK to discuss storage and/or where the wines are to be delivered.

11. Wines are shipped in bond to London City Bond, Barking where they are held free of Duty and VAT until delivery destination has been agreed. If delivery is to the Customer’s home or office address, duty, delivery and VAT will be charged at the prevailing rates. If delivery is ‘in bond’ to a storage account at another  bonded warehouse delivery only will be charged at the prevailing rate (currently £15.00 plus VAT).

12. If the Customer fails to take delivery of the Goods or the Goods are not delivered within three months of being available, or there has been an earlier indication from the Customer that the Goods are not to be collected and/or the Customers fails to give Jeroboams adequate instructions then Jeroboams may:

A) Store the Goods until actual delivery to The Customer or until the Goods are disposed of.
B) The Customer shall be liable for the costs of storage, and insurance of the Goods, and/or any failed delivery charges or as the case may be.
C) Sell the Goods at the best price readily obtainable at that time, any method of resale is entirely at Jeroboams discretion. Jeroboams shall be entitled to send written notice to the invoice address of Jeroboams intention to dispose of the goods seven working days thereafter, Jeroboams shall be entitled to sell all or any of the goods in its possession unless payment has been received or the goods collected by the end of the 7th working day. Upon resale the Customer shall receive a credit of 80% of the lower of the net proceeds of the resale and Jeroboams original sale to the Customer. Any balance remaining and/or if the Goods are sold for a less than the price payable by the Customer, then the Customer shall be liable to pay Jeroboams the difference in price and the amount due shall continue to accrue interest. The existence of this right does not affect any other remedies that Jeroboams may/would have. The Customer shall also be liable to pay the costs of the sale.

13. Any delivery dates and times stated are approximate only and Jeroboams shall not be liable for any delay in delivery of the Goods, however caused. Time of delivery shall not be of the essence of the contract.

Payment:

14. Payment for the En Primeur purchase and any subsequent invoice(s) is due immediately, unless the Customer has an approved standard account (a credit account Customer) with Jeroboams. The credit account Customer shall pay their invoices for the price of the Goods on the 20th day of the month following the month in which the Goods are invoiced, whether or not delivery has taken place.

15. Payment can be made by:

A) Bank Transfer to:

HSBC Bank Plc
69 Pall Mall
London
SW1Y 5EY
Sort Code:  40-05-20
Account:  51439944 (Sterling Only)
Iban:   GB32 MIDL40053051439944
BIC:   MIDLGB2107J

B) Cheques and Bankers Drafts:

Please allow 5 working days for cheques to clear.
Payable to: Jeroboams

Post to:  Jeroboams, 7 – 9 Elliott’s Place, London, N1 8HX

C) Debit and Credit Cards:

16. If the Customer is paying by Visa, MasterCard, American Express and any form of credit and/or charge card, a 2% surcharge will be applied even if the Customer holds a credit account with us.

17. Payment by Debit Card (Visa Delta, Switch/Solo, Maestro etc), no surcharge will be applied.

18. Until all sums due to Jeroboams have been paid, Jeroboams shall be entitled to retain possession of the goods or any others goods to which the Customer would otherwise be entitled and will also suspend any other deliveries/collections.

19. Ownership of the En Primeur wines shall remain with Jeroboams and will not pass to the Customer until Jeroboams has received payment in full of all other sums owed to Jeroboams by the Customer in cleared funds whether or not:

A) in respect of the En Primeur wines and
B) in respect of any other goods or services supplied by Jeroboams to the Customer and
C) which are otherwise owed to Jeroboams by the Customer.

20. The time for payment of the price shall be of the essence of the contract.

21. All payments due to Jeroboams must be made without any deduction whether by way of set-off, counterclaim, abatement, discount or otherwise.

22. If the Customer is overdue in paying for En Primeur wines or any other goods or services supplied by Jeroboams then the price of any goods which have been delivered but not yet paid for shall become due immediately regardless of any previous agreements to the contrary.

23. If the Customer makes or fails to make payment of the invoice(s) of En Primeur wines more then 14 days after the invoice date or if the customer has an approved standard account (a credit account) with Jeroboams, on the 20th day of the month following the month in which the Goods are invoiced, whether or not delivery has taken place Jeroboams will rely on the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 or any statutory modification or successor thereto, and upon the Regulations made under it.

24. If for any reason the agreement should not be governed by the Law of England and Wales or if for any other reason the said Act should be found not to apply, the customer nevertheless agrees to pay interest on the said debt or the balance thereof outstanding from time to time from the due date of payment to actual date of payment at the rate of the Bank of England reference rate plus 5%.

25. In the event of late payment Jeroboams shall be entitled to remove/revoke all and/or any part thereof of any promotional offers, discounts deduction, allowances, and/or rebates on any orders or any other orders with the customer and re-invoice the customer for the full price.

Insurance:

26. Jeroboams will remain responsible for insuring the wine at the market value until the Customer’s delivery and/or storage instructions have been completed.

Acceptance of these Terms and Conditions:

27. If the Customer does not accept these Terms and Conditions of Sale in their entirety the Customer must notify Jeroboams in writing within 72 hours of the date of confirmation of the order that they do not accept these Terms and Conditions.