Terms & Conditions
Company’ means Graft Wine Company Limited, registered in England & Wales number 08111454; registered address Castle House, Castle Street, Guildford, Surrey, GU1 3UW, trading as the Graft Wine Company. ‘Goods’ means all or any products that the Company is to supply in accordance with these conditions. ‘Purchaser’ means the person to whom the Company agrees to sell the Goods.
1. Minimum Order
a. The Company will deliver 12 bottles as a minimum order. See (6) below for minimum orders for free delivery.
2. Prices and Payment
a. All prices are inclusive of excise duty and exclusive of VAT unless otherwise stated;
b. The Company reserves the right to alter prices without prior notice;
c. The current price list invalidates all previous lists;
d. Payment must be received in full prior to delivery of Goods for a Purchaser’s first order with the Company and any subsequent order placed with the Company more than one calendar year or 365 days (whichever is sooner) after the Purchaser’s most recently invoiced order with the Company;
e. In other cases, payment must be received within the number of days of the date of invoice as stated on the Company’s invoice to the Purchaser;
f. The Company requests payment of all invoices by Direct Debit;
g. Any cheque payments require seven days’ clearance;
h. BACS details will be provided on the Company’s invoice to the Purchaser;
i. Whenever the Company receives notification that a Purchaser’s payment has not been honoured by the Purchaser’s bank, the Company will pass on any bank charges to the Purchaser;
j. The Company reserves the right to charge interest pursuant to the Late Payment of Commercial Debts (Interest) Act.
3. Availability
a. All Goods are subject to availability at the time of the Purchaser’s order.
4. Retention of Title
a. The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until the Purchase has paid the price owed for the Goods in full;
b. Until title of Goods has passed to the Purchaser, the Purchaser shall, once in possession of the Goods:
c. Hold Goods on a fiduciary basis as the Company’s bailee;
d. Maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for the full price;
e. Be entitled to sell the Goods in the ordinary course of its business as principal (not as an agent of the Company);
f. Until Title of Goods has passed to the Purchaser, the Company shall be entitled at any time to require the Purchaser to deliver Goods to the Company and, if the Purchaser fails to do so immediately, the Company reserves the right to immediate repossession of any such Goods. For this purpose, the Purchaser grants an irrevocable right to the Company and its agents to enter any of its premises where the Goods are stored to inspect and repossess the Goods.
5. Deliveries
a. The Company aims to deliver next day to Greater London if order is received from the Purchaser before 1.00pm on the day before delivery (inclusive postcodes E, EC, HA, KT, N, NW, SE, SW, TW, UB, W, WC);
b. The Company aims to deliver to other mainland UK addresses in two working days if order is received from the Purchaser before 11.30am, unless otherwise specified in accordance with regional delivery schedules;
c. Orders from Purchasers for delivery to the Scottish Islands, Anglesey, Channel Isles, the Isle of Man and Northern Ireland may incur extra delivery charges – Purchaser should send enquiry to the Company for current rates;
d. Emergency deliveries (e.g. weekend deliveries) to UK mainland addresses can be arranged at an extra charge;
e. Deliveries must be checked by the Purchaser on receipt to ensure the total number of cases matches the total indicated on the delivery note.
6. Carriage
a. The Company will deliver next working day free of charge for orders of at least 36 bottles in the Greater London area (inclusive postcodes E, EC, HA, KT, N, NW, SE, SW, TW, UB, W, WC);
b. The Company will deliver within two working days free of charge to most other UK mainland addresses (see exceptions in (c) below) for orders of at least 36 bottles;
c. Deliveries to the Isle of Wight and the Scottish Highlands (inclusive postcodes PA, PH, AB, IV, KW) may be subject to higher minimum orders, and Purchaser should send enquiry to the Company for details;
d. Orders for fewer than the bottle quantities specified in (a), (b) and (c) will incur a carriage charge at cost.
7. Claims
a. Claims for breakage, loss or damage of Goods must be notified in writing both to the Company and to the Company’s delivery company within three working days;
b. Non-delivery of Goods must be notified within three working days of date of invoice;
c. Packaging materials must be retained for inspection;
d. No claims for compensation will be accepted if notification is made outside these deadlines;
e. Corked or defective Goods may be requested for return to the Company for examination.
8. Credit notes & refunds
a. No credit notes or refunds shall be raised for any Goods purchased more than twelve months before the credit note is requested.
9. Warranties
a. Other than as stated in these Terms & Conditions all warranties, conditions, terms and undertakings expressed or implied, whether by statute, common law, custom, trade usage, course of dealings or otherwise in respect Goods supplied by the Company are hereby excluded to the fullest extent permitted by law save that nothing in this agreement operates to exclude or limit the Purchaser’s statutory rights.
10. Insolvency
a. The Company may terminate the Purchaser’s order by written notice if the Purchaser becomes insolvent or is deemed by the Company to be unable to pay its debt.
11. Data Protection
a. The Company is bound by the Data Protection Act 1998
b. In placing an order, the Purchaser consents the Company holding and using the Purchaser’s personal information to inform the Purchaser of the Company’s promotions, events and other related material;
c. The Company shall not pass Purchaser details to any third party save for the purpose of delivery Goods pursuant to an order by the Purchaser;
d. If the Purchaser does not wish to receive such information, the Purchaser shall inform the Company of this fact in writing.
12. Dispute resolution
a. If any dispute arises in relation to Goods supplied by the Company both the Company and the Purchaser agree to negotiate in good faith to resolve such dispute before recourse to litigation;
b. If any dispute cannot be resolved by negotiation, then both parties agree to submit to the jurisdiction of the courts of England & Wales, whose jurisdiction shall be exclusive save in respect of the enforcement of judgements when such jurisdiction shall be non-exclusive.
13. Applicable law
a. These Terms & Conditions are governed by the laws of England & Wales.
14. Force majeure
a. The Company shall not be held liable for any failure(s) to meet its obligations where the failure(s) are caused by circumstances beyond the Company’s reasonable control.