1. Time of Contract
Your order is an offer by you to enter into a binding contract which we are free to accept or decline at our absolute discretion. A contract for sale incorporating these terms comes into existence when we expressly accept your order. The contract is conditional upon wines not having been previously sold by us and we undertake to notify you without delay should this occur.
These terms and conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
We make every effort to ensure that the pricing displayed on our website and literature is correct. Prices communicated to you whether orally or in an email by our employees on our website or via our sales literature are:
- Per case or per bottle as indicated.
- Exclusive of Duty and VAT (unless otherwise stated).
- Provisional and subject to our written confirmation upon acceptance of order.(In the unusual event that the correct price is higher than the price initially quoted, we will normally, at our discretion, either contact you for instructions or reject the order and advise you accordingly.)
3. Time for Payment
Payment is due upon the raising of the invoice.
Credit terms of 14 days may be advanced to customers with a proven history of trading with Atlas Fine Wines Ltd.
Export orders must be paid in full prior to collection.
Late payments attract interest at 3% above the base rate of HSBC Bank PLC, effective from the due date until payment is received.
It is your responsibility to ensure that payment is received by us on time.
All monies paid by you ahead of delivery will be held by us on your behalf until delivery has taken place in accordance with these terms and conditions.
Title in any wines ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been delivered (as outlined below).
We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
4. Title and Risk
You must be of legal purchase age in your country of access or residence in order to buy any alcoholic beverage from Atlas.
We will retain title in all goods sold by us until all sums due or to become due to us from you in respect of any order have been paid.
This will include goods held to your account in bond but will not include goods for which we have been paid in full and which are in your own physical possession.
The risk in goods shall pass upon delivery as defined in point 5 below. Until such time as title to the goods passes to you, we reserve the right to inspect goods not in our physical possession in the bonded warehouse and to require you to deliver those wines to us immediately.
Deliveries and/or collections may be suspended by us if any sum is outstanding.
Delivery shall take place as defined below:
- For wines purchased En Primeur direct from the producer or producer’s agent, delivery takes place when the wines are allocated to you by us.
- For wines purchased En Primeur in any way other than the above, delivery takes place when the authenticity of the title has been confirmed by us and the wines allocated to you.
- For wines purchased En Primeur, we can only provide an estimated date for the physical availability of the wine.
- For wines purchased direct from the producer or producer’s agent (other than En Primeur), delivery takes place when the wines are allocated to you.
- For wine sold under bond, and to be stored in our customer reserves, delivery takes place when the wine is transferred to your storage account as managed by our storage provider from time to time.
- For wines for collection, delivery takes place when the wines leave our warehouse. We will let you know shortly in advance of the expected time of availability and you must give at least 48 hours prior notice of collection. Indications of delivery dates prior to your notice of collection are estimates and not intended to be contractually binding. We may at your request and as your representative arrange transport but we accept no liability for any failure on the part of carriers. If goods are not collected or delivered within one month of them becoming available we will be entitled to make a reasonable, pro-rata storage and administration charge.
For all duty-paid deliveries, duty and VAT will be invoiced and must be settled prior to delivery.
Our delivery charges are subject to change, please visit click here for current rates.
Goods will be deemed to have been received satisfactorily unless claims to the contrary are made within three days of delivery.
You authorise us to act as your stock manager and to accept any terms and conditions relating to the storage of your wine with LCB Vinothèque and Vine International.
Our storage provider has acknowledged that we deal with them on behalf of our customers.
It has been confirmed on behalf of our storage provider that in the unlikely event that we default in any of our obligations to them, they will respect our customer's ownership rights and will transfer your wines directly to you.
We undertake to carry out an audit of all our storage facilities and processes on an annual basis. Such audit will be performed by a suitably qualified third party to ensure quality of storage and accuracy of records.
Please click here for current Cellarage and Insurance charges.
Your online account records all wine purchased, sold and stored through us. This is updated in real time. All physical cases are marked with Unique Identifying Code (UID) linked to your account in respect to all wine paid for and owned by you.
8. Case Size Changes
On occasion, when we have sold a case of wine (e.g. a twelve bottle case) to a client and our supplier delivers to us the equivalent volume and quality in a different case size (e.g. two, six-bottle cases), we retain the right to credit and re-invoice the client to reflect the change in case size.
9. Acceptance of Goods
It is your obligation to inspect goods immediately upon receipt and notify ourselves and/or the carrier immediately of any shortage, damage or any other deficiency. In the absence of any notification within five days after delivery the shortage, damage or any other deficiency will be deemed to have occurred after delivery to you.
10. Cancellation Policy
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your purchase. An order may be cancelled up until 14 days after delivery. In the event of a cancellation, the goods must be returned in merchantable condition at your cost.
Any refund or exchange of wines deemed to be faulty shall be granted at the discretion of Atlas upon the return of the goods.
You will be refunded as soon as possible and within 30 days at the latest. A notification of cancellation must be made in writing, we will acknowledge a receipt of your request and call to arrange a collection. Upon collecting the wines, a credit note will be issued.
11. Failure to Pay or Take Delivery
If payment is not made within two weeks of the due date or if goods have not been collected within one month of notification of their availability or if there is an earlier indication that payment will not be made or goods will not be collected, we will send you written notice to the invoice address of our intention to dispose of the goods. If you do not object in writing within 10 days of the dispatch of such notice accompanying such objection with payment in full or where appropriate confirmed arrangements for collection, we will be entitled to resell the goods by a method entirely in our discretion.
With regard to wines where part payment has been made, upon resale you will receive a credit of the net proceeds less our costs of disposal. Any balance due after the credit shall remain payable and shall continue to carry interest. The exercise of this right of resale does not affect any other right we may have.
We shall be entitled to sell any wines which we are holding or storing on your behalf in order to discharge outstanding amounts owed to us.
12. Events Outside our Control
We shall not be liable for any failure to meet our obligations or delay in performance of our obligations occasioned by circumstances outside our reasonable control. We will take reasonable steps to bring the circumstances to a close or to find a solution by which our obligations can be performed despite the circumstances.
We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered a full refund. In circumstances where, despite our reasonable steps, we are unable to perform our obligations, we reserve the right to fulfil our obligations by providing a full refund to you.
In our absolute discretion we will consider requests for replacing the unopened balance of an order which is undrinkable as well as any other specific requests for credit.
14. Personal Information
You agree that we may use the personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. You have a right of access to all information we hold about you which may be accessed by writing to Simon Larkin MW, Managing Director, 4-5 Castle Court London EC3V 9DL
We reserve the right to vary these terms and conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The foregoing paragraphs, sub-paragraphs and clauses of these terms and conditions shall be read and construed independently of each other. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, it will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms will be effective unless we expressly say that it is a waiver and we tell you so in writing.
19. Third Parties
These terms and conditions are between you and us. They do not apply to or benefit any third party and are not reliant on any third party. A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
20. Entire Terms & Conditions
These terms and conditions set out the entire agreement and understanding between you and us.
21. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
These terms and conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.