Consumer Terms and Conditions
The WineBarn is the trading name of The WineBarn Ltd. thewinebarn.co.uk is owned by The WineBarn Ltd, registered office 16 Taylors Yard, Sutton Scotney, Winchester, Hampshire, SO21 3XX. Company registration in England & Wales No. 3608536, VAT Registration Number 717 8985 76.
All case prices are duty paid and inclusive of VAT and are for cases/cartons of 12 x 75cl bottles of wine - unless specified otherwise. All orders received by the Company are subject to these Terms and Conditions. No Terms and Conditions put forward by the client shall be binding on the Company. The minimum order is 6 bottles, which can be mixed.
Orders:
An order received by the Company or its representative, is deemed to be an “offer of purchase” by the Customer which shall be deemed to be accepted by the Company upon delivery of the goods. Accordingly, whilst the Company will endeavour to deliver the goods without delay, any delay in delivery or failure to deliver shall not be a breach of any contract. All orders are subject to availability.
Prices:
All prices are in British Pounds (GBP) and are listed inclusive of VAT, unless otherwise specified. Products are sold according to the price indicated on the site the day of the order. We have the right to change these prices when and if deemed necessary. Any changes in price will not affect existing contracts of sale between us and you.
The WineBarn Ltd reserves the right to charge interest on overdue accounts and/or to resume possession of the goods to which those overdue accounts relate.
Any orders destined for export must be paid for in full before the goods are released for shipment. Please note that once a consignment has left the UK mainland we are not responsible for the quality of the shipment on arrival at its final destination
These prices do not include the cost of delivery.
Terms:
Payment on receipt of invoice via online payment portal and before dispatch of goods.
Retention of Title:
Legal and equitable title to and property in the goods supplied to the Customer under this contract shall not pass to the Customer but shall remain with the Company until the Company has received full payment for the goods supplied under this contract and for all other goods supplied by the Company to the Customer under this or any other contract. Until such time as property in the goods passes to you such goods shall be held by the customer as our bailee and the customer will store them so that they can be clearly identified as our property. In the event that the Customer does not make payment to the Company in full of any monies owing under this or any other contract by the due date or if the Customer becomes insolvent or commits an act of bankruptcy or makes any arrangement or composition with his or its creditors or an order is made or a resolution is passed for the winding up of the Customer or an encumbrancer takes possession or a receiver or administrator is appointed of a whole or any part of the assets of the Customer or the Customer makes default in Payment of any negotiable instrument or the Customer ceases or threatens to cease carrying on its business, the Company shall be entitled to resume immediate possession of the goods without notice for which purpose the Customer grants to the Company an unrestricted right of access to and entry upon any premises in which the goods may be or are likely to be situated from time to time. The Customer shall be entitled to re-sell the goods in its ordinary course of business only notwithstanding that legal and equitable title in those goods may not have passed to the Customer but in such event the proceeds of sale arising from the resale of the goods shall be held in trust by the Customer for and on behalf of the Company.
Delivery:
Delivery charges start at £12 per case (incl. VAT) within mainland England and Wales. For mainland Scotland, delivery charges start at £18 per case (incl. VAT).
There will be a surcharge of £24 if the first delivery attempt fails.
Please note that delivery charges to the following parts of the UK starts at £30 (incl. VAT) per case;
Highland Scotland Postcodes: AB; DD; FK; IV; TR
Isle of Wight (IOW): PO30-PO41;
Scottish Islands, Channel Islands, IOM, Northern & Southern Ireland Postcodes: PH; PA; KA; KW;
We can arrange international delivery to most countries, for a quotation please either call us on +44 (0) 1962 761215, or send an email to angi@thewinebarn.co.uk
We are unable to guarantee a specific delivery time. Our specialist carriers can only deliver when a signature for receipt is obtainable. If a customer gives a specific instruction to leave the wine without a signature being obtained or to leave the wine at an alternative address or location, we cannot accept responsibility for any consequential loss or damage.
Whilst we endeavour to deliver as soon as possible, late deliveries may happen for reasons outside of our control. A late delivery does not constitute a breach of contract by us and no claim can be made by, or on behalf of, the buyer, whatever the cause. We cannot be held responsible if a delivery is not possible due to an incorrect address.
Claims for breakages will only be considered if notice of the claim is given to us within 24 hours of receipt of the consignment. Breakages must be retained with the packaging for examination by the carrier. Should a consignment not be received within ten days of order, we must be informed immediately on 01962 761 215.
Due to the nature of Fine Wines and wines purchased in bond, delivery may be slightly longer than usual as they must be transferred from a bonded warehouse. Delivery information on these wines will therefore be made on a case-by-case basis.
Samples:
These may be charged. Any charge may possibly be refunded upon receipt of an order for the wines supplied.
Events Outside Our Control:
We are not liable or responsible for any failure to perform, or the delay in performance of, any of our obligations in these Terms and Conditions caused by Events Outside Our Control. An Event Outside Our Control includes, but is not limited to; industrial action, lock-outs, strikes, civil unrest or rioting, foreign or domestic invasion, terrorist action (or threat of), war (whether officially declared or not), military preparations for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, or failure of network or telecommunications. As we import goods from EU and non-EU countries, these also include circumstances that occur outside of the UK that demonstrably affect our ability to fulfill any of our obligations in these terms.
In the unlikely circumstance that one of these events presents itself, we will contact you as soon as possible. Our obligations, including those of delivery, are suspended until such events have concluded.
Refunds and Returns:
As a consumer, you have legal rights in relation to goods that are faulty.
If any wines purchased from The WineBarn Ltd are found to be faulty or if a delivery is damaged on receipt, we will replace the wine providing the bottles are returned to us within 7 days. Please notify us on 01962 761 215 if you wish to make a return, letting us know the reason for it. Wines that do not comply with your taste expectations are non-returnable. You can receive more advice on these topics at your local Citizens Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions affects these legal rights.
In the case of wine purchased ‘in bond’, no refund can be given when a case has left bond as the value will be affected.
General:
Customers must be of the legal age to purchase alcohol in their country (18 years old in the UK) and by ordering from The WineBarn Ltd a customer confirms that s/he is of the applicable age limit. These terms and conditions and all our contracts are governed by English Law and are subject to the exclusive jurisdiction of the English Courts. We shall not be liable for any failure to meet our obligations caused by circumstances beyond our control. If any provision of these terms and conditions is found by a court to be invalid, ineffective or unenforceable, the remainder of these terms and conditions shall continue to be valid and enforceable.
Rare Wines:
Terms: Subject to change. Availability must be confirmed. Shipping cost of £100.00 per case of 6 to UK. Prices are ex duty, ex cellar Germany.
Fit for Purpose: Parcels sold are enormously varied in terms of age, category and condition, and may be purchased for a variety of purposes. Unless otherwise specifically agreed, no promise is made that a lot is fit for any particular purpose. All bottles are in original producers’ wine cellar. In the event that wines are out of condition for consumption, The WineBarn holds no obligation for replacements.
Price: The purchase price of rare wines is exclusive of duty & VAT, and the buyer shall be responsible for; (i) any charge for storage from the date of the sale; (ii) any charge for subsequent packing or carriage (iii) pre-payment only (iv) full terms and conditions on request. Prices my vary due to currency fluctuation (v) all prices are per bottle ex VAT, ex cellar.
Payment and Ownership: The buyer must pay the full amount due immediately after the sale. This applies even if the buyer wishes to export the lot and an export licence is, or may be, required. The buyer will not acquire title to the lot until all amounts due to us from the buyer have been received by us in good cleared funds even in circumstances where we have released the lot to the buyer.
Packing, Handling & Shipping: Although we shall use reasonable efforts to take care when handling, packing and shipping a purchased lot and in selecting third parties for these purposes, we are not responsible for the acts or omissions of any such third parties. Availability changes daily.
The terms set out above shall supersede all published terms which are inconsistent with them, and all previously published price lists are herewith cancelled.
Law and Jurisdiction:
These Terms and Conditions and all contracts entered into are governed by English law and are subject to the exclusive jurisdiction of the English Courts.