Terms & Conditions for 'legacy' Paid Reserves
The terms and conditions set out below ("Terms and Conditions") are important as they govern the terms upon which you will be a customer ("Customer"and "you") of Jascots Wine Merchants Ltd ("Company", "Jascots"and "we") and upon which Jascots will supply any wine ordered and/or purchased by you or on your behalf ("Goods" and "Wine").
Conditions of Sale
The Company shall sell and the Customer shall purchase the Goods subject to the following terms and conditions which shall govern the Contract, and no variation thereto shall be binding except by specific written agreement of the Company. Any conditions endorsed on or contained in any Customer's order or confirmation or otherwise which are inconsistent with these conditions and are not specifically agreed to and acknowledged in writing by the Company, shall be deemed to be superseded and nullified by these conditions.
The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed.
No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing whether paper or electronically by means of email or verbally by a salesperson employed by the Company.
The Company reserves the right to amend any accidental error or omission on quotations, orders acknowledgements or invoices without any liability on the part of the Company.
These offers are only available to persons aged 18 or over. Under the Licensing Act 1964, it is an offence for an individual aged under 18 to buy or attempt to buy intoxicating drinks.
The Company reserves the right to deliver to the Customer any part or parts of any order without any adjustment in the price and the quantity so delivered shall be deemed to be the quantity ordered. Where the Goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any or more of the instalments in accordance with these conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
If the Company fails to deliver the Goods for any reason other than any cause beyond the Company's reasonable control or the Customer's fault, and if the Company is accordingly liable to the Customer, the Company's liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. Short deliveries or non-delivery must be notified in writing to the Company and to the carrier within 14 days of the agreed date of delivery. When signing for deliveries any shortages or discrepancies must be stated clearly on the delivery note.
The Company reserves the right to change the terms of delivery and the delivery charges at any time.
Price of Goods
The price of the Goods shall be the Company's quoted price. In no event shall the price of previous deliveries be binding for the Company on the following orders.
The Company reserves the right, by giving notice to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, materials or other costs of manufacture).
The price is inclusive of any applicable value added tax except where otherwise stated.
En Primeur prices were quoted as "in-bond". This price excludes the cost of excise duty, VAT and delivery. Duty and VAT will be charged at the prevailing rates at the time of delivery. In-bond deliveries will not incur duty or VAT until the point at which they leave bond. In both cases you will be charged for delivery.
Payment is due with the order, other than for approved credit accounts when it is due 30 days from invoice date unless otherwise stated. We accept payment by cheque, MasterCard, Visa, Delta or Maestro cards. All payments for En Primeur orders by MasterCard or Visa will incur a 2% surcharge. We regret that we cannot accept payment for duty & VAT invoices by Amex, MasterCard or Visa.
Cancellations and Returns
You have a statutory right to cancel your order for any reason whatsoever within 7 working days of receipt of goods provided all of the bottles are unopened and intact. Where possible Jascots will arrange collection of the goods, but in some instances we may request that you make your own arrangement for transport. Collection will be arranged within 14 days from the date you notify us of the cancellation. A refund excluding return postage and packaging will be given within 30 days of receipt of the goods into our warehouse. In order to cancel your order you must notify us in writing to the Customer Service Manager, Jascots Wine Merchants Ltd, The Observatory, Pinnacle House, 260 Old Oak Common Lane, London NW10 6DX.
- We do not give financial advice or advice on investments.
- We do not offer any guarantees on a particular wine's future monetary value as this can be affected by so many factors that are beyond our control.
- We do advise on quality of wine, on wine's potential longevity and consequently its suitability for inclusion in a cellar.
Warranties and Liability
Any claim by the Customer which is based on any defect in the quality of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Company within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within seven days after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. This does not affect your Statutory Rights.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Customer the price of the Goods, but the Company shall have no further liability to the Customer.
As with all shopping websites, we collect personal information from you when you shop online at Jascots.co.uk. We use this information to make your shopping experience as easy and enjoyable as possible. We need it to process your order, inform you of any delays or problems and occasionally to send you special offers and promotions.
The information we collect is:
- Your name
- Email address
- Delivery address and Billing Address
- Telephone number
We use the latest secure server technology to ensure this information is protected to the highest standards. We only accept orders from web browsers that permit communication through Secure Socket Layer (SSL) technology - this means you cannot inadvertently place an order through an unsecured connection. Most web browsers above version three support this security. This encryption makes it virtually impossible for unauthorised parties to read any information that you send us.
We will never pass on your details on to a third party for marketing purposes. We will however send you details of offers from other companies that we think may interest you, but only with your permission. If you would like to receive such offers please email firstname.lastname@example.org
Risk and Property
Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tended the delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods or any other provision of these conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is then due.
Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Company's property Provided always that the Customer shall be entitled to sell the Goods to the ultimate consumer in the ordinary course of its business and that notwithstanding any other provision of this agreement, nothing herein shall constitute the Customer the agent of the Company for the purpose of such sale.
Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods PROVIDED ALWAYS that the Customer shall not store the Goods or display the Goods for sale at any premises other than such premises as specified in writing by the Customer before the conclusion of this Contract or at any premises at which the Customer does not have the right to grant access to the Company.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all monies owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
Customers' Private Reserves
Jascots has now ceased offering a paid reserve facility, if yours is one of the few remaining so we would ask you to please act to find alternative storage as soon as possible.
We are very happy to recommend alternatives or to arrange delivery of wine should you need advice.
Delivery & Storage
We have stored your wine (both "duty paid" or "in-bond") in ideal, long term cellar conditions. Normal delivery terms apply.
Ownership of Private Reserves wines will pass to the customer only when all outstanding charges have been settled.
Charges - Customers' Private Reserves
Wines purchased from Jascots have been stored at an in-bond warehouse or if on a short term basis at our temperature controlled, high security, duty paid warehouse and are recorded in the customer's own name separately from Jascots' stock. Storage is charged as follows:
To 31 December 2014
- Per 12 x bottles (75cl) or 9 ltr equivalent 15p per week ·
- Per 6 x bottles (75cl) or 4.5 ltr equivalent 7.5p per week
From 1 January 2015
- Per 12 x bottles (75cl) or 9 ltr equivalent 19p per week
- Per 6 x bottles (75cl) or 4.5 ltr equivalent 9.5p per week
From 1 September 2019
- Per 12 x bottles (75cl) or 9 ltr equivalent 28p per week
- Per 6 x bottles (75cl) or 4.5 ltr equivalent 14p per week
This is payable per annum in arrears. For fractions of a year the weekly charge is made from the time wines enter into Private Reserves at the time of purchase and also from the last annual storage payment to the week of delivery rounded up to the nearest week.
Customers receive annual notification of the maturity of wines provided they keep their contact details up-to-date with Jascots.
When withdrawing stock, delivery charges are in accordance with our normal terms and conditions.
We require three working days' notice for duty paid wines or 5 working days' notice for bonded reserves.
We reserve the right to levy a surcharge if the request is to deliver a split case or single bottles.
If you transfer the ownership of wines or request the physical transfer of wines (in either case where the wine is bonded) an administration charge of £15.00 (per product) will be made.
We reserve the right to terminate your cellarage upon not less than 3 months' prior notice to you expiring at the end of the relevant rental year. In such event you agree to collect your reserves or provide us with delivery details within 7 working days of the expiry of the relevant rental year. If you fail to do so then, in additional to our right of sale for non-payment (see below) we reserve the right to dispose by sale or otherwise your reserves which have not been collected or where no instructions for delivery have been received. We shall have the right to deduct from the proceeds of sale any monies owed to Jascots and will send you the balance subject to receiving your instructions to do so. We are not obliged to add interest to the balance.
Customers' Private Reserves are insured at our estimate of the replacement market value at the time of loss. We accept no liability should our estimate be incorrect.
Please note that all storage charges are payable annually in arrears within 30 days from the date of the rent invoice sent to the customer's last known address. In the event of non-payment, we reserve the right to sell at our discretion some or all of the customer's wines and spirits and to deduct from the proceeds of sale all outstanding storage charges and any costs incurred in connection with the sale. The balance of the proceeds of the sale will be retained pending receipt of the customer's written request for payment.
Third party beneficiaries
Irrespective of whether the wines in your reserve have been bought for a third party or ownership is actually or beneficially transferred to that third party (whether related to you or not) and whether or not we have been informed of this, you, and only you, shall be our client in respect of your reserves and shall be solely responsible for all payments and for providing all instructions in relation to the reserve. You hereby agree to indemnify us against all and any liability, losses, expenses and costs arising from any claim of whatever nature made by such third parties and incurred by us in exercising our right of sale or disposal, or refusing to act upon such third parties' instructions or otherwise.
The Terms and Conditions are governed by and shall be construed in accordance with English law. The Customer agrees for the exclusive benefit of the Company to submit to the jurisdiction of the English courts for all disputes which may arise in connection with these Terms and Conditions.
The performance of all Contracts is subject to variation or cancellation by the Company owing to any Act of God, war, strikes, lockouts, fire, floods, drought, tempest or any other inability of the Company to procure materials or articles required for the performance of the Contract, and the Company shall not be held responsible for any inability to deliver goods by any such contingency.
Acceptance by the Company of the Customer's order constitutes a contract that is not subject to cancellation by the Customer.
Each of the above Conditions is independent and stands on its own. If any provision of these conditions is held by any competent authority to be invalid and unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
Your statutory rights are not affected by any provision of these Terms and Conditions. If you or we fail to exercise or delay in exercising any right or remedy which it may have under these Terms and Conditions, this will not be a waiver of the right or remedy. Neither shall any single or partial exercise of any right or remedy under these Terms and Conditions by you or us prevent any further exercise of the right or the exercise of any other right or remedy.
These Terms and Conditions cancel all previous Terms and Conditions.
E&OE June 2019.