Terms and Conditions
(Reviewed on 07/19/2024.These T&C supersedes any previous versions)
For the Terms and Conditions of Sales, the "Company" will mean Kal Wine Source UK LTD (trading name “Wine Source”) and/or
its subsidiaries. The "Customer" will mean any person, firm, company or body that places an order with the Company. placing an order with the Company the Customer agrees to have read these terms and conditions, and accepts and agrees to be bound by them
1. Orders
Customer order is subject to Company's acceptance and final approval at its sole discretion and stock availability. The placing and accepting of an oral order shall form a contract between the Company and the Customer based on these terms & conditional upon the Company’s written confirmation of order and/or by the delivery of an invoice to the Customer. Company reserves the right to accept or to reject a Customer order in the event that any of the products or services requested are unavailable or in the event of prices discrepancies. In such case, the company will notify its Customer by phone or email prior to the requested delivery date.
2. Prices
Unless the contrary is agreed, the Company quotes its prices per case or per bottle, exclusive of sales taxes and exclusive of delivery charges. The company reserve the right to change its prices in the case of a price discrepancy of an item or service. The Customer may choose if to agree and proceed with the corrected priced order, or alternatively to cancel the order before the company dispatches the items. In such case the Company shall proceed to refund the Customer of any advance payment(s).
3. Payment
Payment is due by the Customer on Proforma Invoice and prior to delivery (In specific cases clearing may be allowed of up to five days). Approved Customers may be granted 30 days payment terms. Payments can be processed by bank tran cheques (allow clearing of 5 working days) and by major debit/credit cards (excluding AMEX). Debit cards and credit cards will
be processed free of charge. Until all sums due to the Company have been paid, it is entitled to retain possession of any goods
to which the Customer would otherwise be entitled. If a payment is overdue, the Company is entitled to suspend the deliveries. We do not store customer credit card details nor do we share customer details with any third parties
4. Title and Risk
All risks in the products shall pass to the Customer upon delivery/collection of the goods but the Company shall retain the title of the goods until full payment has been received.
5. Delivery/Collection
Indications as to when the goods are available for delivery/collection are on an estimate basis only and are not binding. The Company will notify its Customers once the goods are available. Customers should provide at least 48 hours notice to the Company prior to collection. The Company may offer to its Customers a National/ International delivery services provided by DHL at rates of charge quoted upon request. All under bond transfers will be done by our warehouse London City Bond Tilbury. For national orders please allow 7 working days.
We aim to provide a fast and secure local and global delivery service. Any indication as to when an Order for Goods will be delivered is an estimate only. Such estimates are given in good faith and we will use our reasonable endeavours to meet them. We do not accept liability for any failure to deliver within that time. En Primeur Wines will not be dispatched until the date on which such wines become available to us.
Bespoke orders or special rare wines orders which require a specific procurement process may take a few weeks to sever months to be delivered based on the complexity and the rarity of the products ordered. The Company will undertake to communicate with the client on the expected delivery timeline for such orders on an indicative basis as it may require cross borders clearings and multiple third parties involvement.
For wine orders from small wineries (total production below 70,000 bottles per year), the wineries can reserve themselves the right to substitute, in case of shortage at the winery of a given vintage, by another equivalent vintage from the winery perspective, for the very same wine in terms of name, plot and appellation. If this vintage replacement is done and orchestrated by the winery, the vintage change will not be a cause for any claim or request for a refund by the Buyer as beyond the responsibility and choices of Wine Source Group or any of its trading entity.
6. Export Orders
Overseas orders may be liable to import taxes and duties in the destination country, for which the recipient shall be liable for unless paid in advance at time of placing the order where agreed. Private Customers are liable to local sales taxes for all deliveries within the EU unless the goods are delivered under bond. If a customer order was processed as an in bond order to be stored in the Company's private client account and is subsequently required to be delivered the goods within the EU, they will be invoiced at the prevailing sales taxes, as well as the cost of shipment. Settlement of our invoice will be required prior to dispatch.
7. Acceptance of goods
The Customer undertakes to inspect all goods upon delivery/collection and to immediately notify the Company and the carrier forthwith of any shortage or damage or other deficiency. The Customer will be deemed to have accepted the goo satisfying its order 48 hours after collection/delivery, and thereafter will not be entitled to reject the goods for any reason.
8. Force Majeure
The Company shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other caus beyond the reasonable control of Company. The Company reserves the right to accept or to reject a Customer order in the event that any of the products or services requested are unavailable or in the event of prices discrepancies. In such case, the company will notify its Customer by phone or email prior to the requested delivery date and organise the refund based on the original cost price.
9. Storage
Wine Source has teamed up with Nexus Wine Collections to provide a fully independent inventory managment solution for our Private fine wine collectors. We secured preferential rates for our clients with Nexus ensuring that wines for storage managed economically, securely and independently in perfect climate controlled conditions. Please contact your account manager to set up your Nexus account.
10. Faulty Bottles
Replace any bottles from our agency wines depending on availability (or nearest vintage) within 1 year after delivery.
For wines which are not Wine Source agency wines:
Up to £50 = 100% credit
£51 to £100 = £50 credit
£101 and above = 50% credit (capped at £250 credit, i.e. £500 bottle price)
Please note that for all Fine Wines (above £50) that are corked or faulty we would appreciate if they are kept for collection.
11. Limitation of liability
The Company shall not be liable to the Customer or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
a. Any direct loss for which the Company cannot reasonably be held responsible.
b. Any consequential or indirect, incidental, special or exemplary loss (including without limitation loss of revenue or profits goodwill, use, data or other intangible losses).
In any and all cases, the Company liability and indemnification will be limited to the value of the order placed by the Customer.
12. Law
All our contracts are made under the Company country of resident Law and are subject to the exclusive jurisdiction of that country binding Courts.
13. Refund / Cancelation policy
The availability of the Goods will be checked after we have received your Order. If, for any reason, at any point before delivery
of the Goods to you, we are unable to fulfil your Order (or any part thereof), we will advise you of this and, if we have already debited your payment card, the appropriate amount will be credited to the card or account used to place your Order.
14. Copyright and Trademarks
All rights reserved. All content (texts, trademarks, illustrations, photos, graphics, files, designs, arrangements etc.) on t website of Wine-Source Group are protected by copyright and other protective laws. The contents of this website are to be used only in accordance with Internet regulations.
Last Update of Terms & Conditions: 19/07/2024
If these conditions were to evolve, an order placed on this website is bound to the terms & conditions of the website at the date of the deal. For instance, an order placed on March 1st 2020 will always be bound to the Terms & Conditions of March 1st 2020
KAL WINE SOURCE UK LTD.