GO BACKIMPORTANT LEGAL NOTICE
TERMS AND CONDITIONS
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.capitalwine.co.uk (Website) and to any correspondence by email between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Capital Alternatives Limited (6311787) whose registered office is at Sophia House, 3rd Floor 76-80 City Road, London EC1Y 2BJ t/as Capital Wines (Company).
By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
Intellectual Property Protection: The term "Intellectual Property Rights" ("IPR") means, copyrights, database rights, trademarks, trade names, domain names, rights in logos, designs, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered, granted or pending registration, and all rights to make applications for registration in respect of any of the same.
All IPR in the content and design of the Website and any material e-mailed to you or otherwise supplied to you in conjunction with our online products are the property of the Company. You may not use or reproduce any of the Company's IPR or breach any IPR, including any trademarks, registered or unregistered, (such as, but not limited to, the Company name and logo or other trade names appearing on the Website) for any reason without written permission from the Company.
The software, which operates the Website, is proprietary software and you may not use it except as expressly allowed under these Terms and Conditions. You may not copy, reverse engineer, modify or otherwise deal with the software.Links: links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
‘Conditions’ refers to these terms and conditions, the WSTA Code of Practice and the Consumer Protection (Distance Selling) Regulations 2000 as amended from time to time.
‘Delivery date’: refers to the later date of when the Product is delivered to the Warehouse or to you in accordance with the Sales Order.
‘Product’: refers to wine which is included in the Sales Order subject to these Conditions.
‘Price’ means the price for the Product as described in the Sales Order inclusive of any relevant Capital Wines charges.
‘Sales Order’ contains the Product information details.
‘Payment’ refers to cleared funds into Capital Secretarial Limited (6457016) bank account as the receiving agent.
’Supplier’ refers to the entity that supplies the Product to you at our direction.
‘Warehouse’ is the UK Government Bonded building in which the Product is stored.
‘WSTA’ means the Wine and Spirit Trade Association.
‘WSTA Code of Practice’ refers to the Distance Selling Code of Practice for Wine and Spirits.
2) When the Sales Order and Payment has been received by the Company, you are deemed to have accepted our offer of the Product.
3) Subject to your rights under regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000 a Sales Order cannot be cancelled.
4) It is our intention to purchase the Product from the Supplier as soon as is reasonably possible once we have received your Sales Order, and no later than 60 days following Payment.
5) In the event that in the period between receipt of the Sales Order and when we place the order with our Supplier there is a price change for a specific Product or the Product is discontinued or is unavailable, we will supply you with an alternative Product, for a similar Price. If this is not acceptable to you, your order will be cancelled and Payment will be returned.
6) As soon as we have details relating to the Delivery date we will inform you. If there is no response from our Supplier within 30 days of the submission of your Sales Order, we will notify you with our expectations of when delivery is expected.
7) We will be liable to pay freight, carriage, insurance and any other costs of delivery from the Supplier to the Warehouse for the initial year commencing on the Delivery date (Initial Period), should you choose to have your Product stored in our warehouse.
8) We will store the Product on your behalf at the Warehouse which will contain equipment suitable for storage of the Product in a controlled environment.
9) For the Initial Period we will pay all insurance and storage costs at the Warehouse and you will be liable for the storage and insurance costs following the Initial Period that will be charged at £12.00 per case, per year.
10) If you wish to take delivery of your wine, all orders will need to be delivered by courier, so there is a flat fee of £15.00 for one case of wine. If you wish to purchase more than one case of wine, we will contact you and advise you the delivery surcharge. This surcharge wil be based on the cost borne by us and will be charged with all orders.
11) If the Product is removed from the Warehouse at your request, you will be liable for the removal and any re-delivery costs. The risk of any damage or loss to the Product resulting from its removal as described above will pass to you at the time the Product leaves the Warehouse. You will be responsible from that time for insuring the Product against damage or loss.
12) Title in the Product will pass to you upon Delivery Date.
13) You may instruct us at any time to value the Product and to procure its sale on your behalf.
14) We will endeavour to sell the Product at the best price reasonably obtainable. Prior to this we will if requested, agree with you a minimum reasonable re-sell price..
15) You appoint us to be your agents for the purpose of storing the Product on your behalf at the Warehouse.
16) For the avoidance of doubt, we reserve the right to unilaterally amend, cancel, charge or vary any of these terms and conditions from time to time.
17) As we are not involved in its production, we cannot provide any warranty or make any representations about the suitability of the Product for any purpose whether for consumption or as an investment for you or otherwise. You agree that if you choose in your sole discretion to treat the Product as an investment as with all investments the value of the Product can fluctuate and past returns on similar products are no guarantee that such returns will be repeated. In addition, we cannot provide any warranty or make any representations about the condition of the Product at any time.
18) Our total aggregate liability to you for any claims arising out of or in connection with the contract shall not exceed the Price for the Product.
19) Except as set out in these conditions we have no liability to you arising out of the contract, whether the liability arises in contract, tort (including negligence) from statute or otherwise.
20) The Contract between you and us will be governed by and interpreted in accordance with English law.
21) Money Laundering Regulations If your purchase amount is greater than £13,000 please send one document from List A and one Document from List B below with your Sales Order. Capital Wines and its agents reserve the right to request further documentation in respect of any applicant in order to satisfy their obligations to ensure adherence to Anti Money Laundering regulation and/or legislation. Each item must be less than three months old and should show your name and permanent residential address. Please note that statements printed via the internet are not acceptable. Original documents will be returned by post at your risk.