Terms & Conditions sale
Terms & condition’s sale
- Payments terms
- Limitation of Liability
- The delivery
- Cancellation policy & cancellation fee
- DfR Break free colection sale term
- Buying wine terms
- Force Majeure
- Insolvency/ Bankruptcy
Dominique Ritorto Buying and re-selling wine for the profit of the-customer. Dominique Ritorto trader in accordance with Scottish law.
Dominique Ritorto may amend these Terms and Conditions from time to time. None of Dominique Ritorto employees or agents has the right to bind Dominique Ritorto to any verbal agreement which does not comply with these Terms and Conditions.
No provision of these Terms and Conditions shall be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
No delay in exercise or non-exercise by Dominique Ritorto of any right, power or remedy under or in connection with these Terms and Conditions shall impair that right, power or remedy or operate as a waiver or release of it.
Where Dominique Ritorto operates a joint account in the names of two or more Customers, Dominique Ritorto shall (unless expressly instructed to the contrary) be entitled to accept, rely upon and act upon instructions given by any one of the Customers named on that account.
If any provision, or any part of any provision, of these Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and the liability of Dominique Ritorto and the Customer shall not be affected or impaired.
In the UK, it is illegal to sell alcohol to anyone under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with Dominique Ritorto, the Customer confirms that he or she is at least 18 years of age (or otherwise, as indicated above, of any applicable age limit). At the time of delivery of the Customer's order, Dominique Ritorto or its agent may request proof of age from the person accepting the delivery. If appropriate proof of this cannot be produced, Dominique Ritorto or its agent may refuse to deliver the order.
Payment can be made by cheque, direct debit or major credit/debit card or by direct electronic transfer (bank details available on request). Dominique Ritorto may refuse to accept cash settlement of amounts due and will always refuse cash sums in excess of £1,000.
payment is normally required to be made in advance ,with an option of a 28 day delay to honor the payment, free of charges, at the discretion of Dominique Ritorto. Invoices to Trade Customers must be paid on or before the 21st day of the month following the month in which the invoice date falls. Other wise an interest will be charged on all overdue accounts at 2% a month.
Any increase in freight charges, duty, tax and/or changes in rates of exchange following payment will be passed on to the Customer if shipping and/or clearance from bond have not occurred prior to such increases. Similarly, if duties are reduced before shipping and/or clearance from bond, any reductions will be credited to the Customer.
Dominique Ritorto may review and/or remove retrospectively any special trading terms previously agreed in relation to the transaction(s) to which those overdue accounts relate (including discounts, deposit and other) in which case Dominique Ritorto may re-invoice the Goods at their full price;
Require payment of all other unpaid amounts invoiced to the Customer (whether or not then due and payable); and/or
Suspend any future deliveries to the Customer.
Dominique Ritorto reserves the right to charge an administration fee of not less than £20.00 for each cheque unpaid by the Customer's bank, including cheques which are returned marked "Please represent", and an administration fee of not less than £20.00 for each unpaid direct debit.
All payments to be made by the Customer shall be made in full, without any deduction, withholding, set-off or counterclaim.
In the event of non-payment of accounts (including storage charges), Dominique Ritorto reserves the right to exercise a lien over and/or to sell some or all of a Customer's reserves and to deduct from the proceeds of sale any outstanding amounts.
Nothing in these Terms and Conditions shall exclude or limit in any way Dominique Ritorto’s liability for death or personal injury or for fraudulent misrepresentation or for breach of its obligations under s3 Sale of Goods Act 1976 or s2 Supply of Goods and Services Act 1982 or s3 Consumer Protection Act 1976.
Dominique Ritorto is not responsible for spillages or goods losing their condition whilst in reserve storage with Dominique Ritorto . Dominique Ritorto shall not be liable to the Customer for any claim whether arising in or for contract, tort (including negligence,
Breach of statutory duty, misrepresentation or otherwise) under or in connection with these Terms and Conditions or for: any loss of profit, revenue, anticipated savings, business or contract; and any special, indirect or consequential loss.
Dominique Ritorto ’s total liability arising under these Terms and Conditions shall not in respect of any single claim exceed the order value including any VAT, duty and delivery charges of the order that gives rise to the claim.
4a- Delivery within mainland UK is free of charge for orders with a value in excess of the normal minimum amount. All other deliveries, including those from overseas, are charged at the current rates plus VAT (where applicable) An extra cost could apply over long distances, this in accordance with the goods to be delivered. Customers outside the UK who arrange their own delivery, are responsible for the payment of any applicable VAT and duty (or their equivalent) in the country of delivery.
4b-The customer should understand that the fine wine is not returnable and is not refundable after reception into a private residence or any other building regardless of it's suitability for the storage of wine. The liability for the Goods (in respect of loss or damage or otherwise) shall pass to the Buyer upon delivery.
4c- Claims for breakages, and missing bottles must be notified in writing on the consignment note at the time of delivery. Please inform us immediately of any damage or loss, in order to speed up and facilitate your claim. Non-delivery or claims must be notified to us in writing within 14 days of the notified date of dispatch. Any failure to comply with this will result in the rejection of any claim; subject always the statutory rights of the Buyer. The Customer must retain breakages and accompanying packaging for examination by Dominique Ritorto or its agent.
4d- Claims for un-drinkable wine, are at the discretion of Dominique Ritorto . Any claims must be notified within 14 days of the notified date of dispatch. Any failure to do this will result in the rejection of any claim; subject always to the statutory rights of the Buyer. The Customer must retain breakages and accompanying packaging for examination by Dominique Ritorto or its agent.
4e- Wine bought in primeur will be delivered to the buyer or preferred storage, selected by the buyer, free of charge although eventual charges could apply on some deliveries in accordance with the goods and the distance. The wines delivery will commence when the wine arrives in the United Kingdon. The primeur period could last 1 to 3 years,or even more on some exceptional wine.
Ownership of the wine, shall pass to the Buyer, only when all monies owed by the Buyer to the Company have been paid.Ownerships shall pass from the Company separate and marked as being the property of the Company to the buyer and such Goods shall be properly stored, protected and insured
and the Buyer shall hold them in a fiduciary capacity. The proceeds representing the invoice price of the Goods (including without limitation, insurance proceeds) shall be for the account of the Company and shall be held by the Buyer in trust for the Company and kept separate from the Buyers own funds and those of third parties. If the Buyer shall fail to pay any sums to the Company when due, the Company may, without prejudice to any other right or remedy, enter any property of the Buyer and take from the Buyer possession of any Goods in which the Company has retained the property.
In the case of Goods purchased 'En Primeur', these Goods may be stored in bulk in the region of their production. Until the Goods are bottled and transferred to bonded warehouse, they cannot be segregated and the Customer may have a contractual rather than a proprietary interest in them.
The Customer grants Dominique Ritorto, its agents and employees an irrevocable licence at any time to enter any premises of the Customer, or to which the Customer has access, for the purpose of inspecting the Goods or, where the Customer's right to possession has terminated, to recover any Goods.
Any cancellation or any updating of the agreement or any cancellation fee are at the discretion of Dominique Ritorto. Any continued disputes over payment will be ultimately resolved by a court of law. Dominique Ritorto shall be entitled to recover from the customer all costs and disbursements incurred in employing a solicitor, debt collector, or other third party to collect
Payment of overdue account.
7.1-a The customer by the minimum purchase of £20.00 of fine wine, selected by Dominique Ritorto, agrees and accepts the terms and conditions of Dominique Ritorto. The customer accepts the agreement with the guarantee of the fine wine purchased, on the customers behalf, increasing in value by 7% for each year that it is stored by Dominique Ritorto. The fine wine purchased with the plus value agree will be payable at the end of the agreed term.
7.1-b The guarantee and the agreement with Dominique Ritorto and the customer will take place after a period of 28 days, including 7 days of cooling period, following the purchase of the fine wine. This only if the wine have been stored with Dominique Ritorto or his contracted cellar during the 28 days period .The customer shall agree after the period of 28 days, including 7 days cooling of period to leave the wine in the charge of Dominique Ritorto, and agreeing not to re-sell the wine, for a minimum of 4 years, while the wine matures.
7.1-c The customer agrees not to withdraw the fine wine, purchased for them by Dominique Ritorto, or to claim the increase in its value, for the minimum 4 years maturation term following the initial 28 day period.
7.2 The early withdrawal of the purchased wine before 4 years is possible .The request must be submitted in writing, with any required documentation attached. The final decision, will be at the discretion of Dominique Ritorto.The duty & vat will be paid on wine bought in bond .And a delivery charge and/or administration fee may apply, up to 7% from the most recent estimate value of the wine .These costs may be transferable against the quantity of wine delivered or wine credit note.
7.3 The customer may prolong their wine storage period, after the term of 4 years, for a further period, by prior agreement with Dominique Ritorto if Dominique Ritorto is satisfied that the wine meets with their criteria for further storage. Any such agreement will be made in writing. Any decision is at the discretion of Dominique Ritorto.
7.4 The fine wines purchased by Dominique Ritorto, for the customer are contained in selected wine case,75 cl bottle,1/2 bottle, or other bottle sizes, cases of wines purchased could also be a mixed case of different wines and bottle sizes or in bond excluding duty & vat, relevant to the purchase price of the wine involved.
7.5-a At the end of the term agreed (section 7.1-a) or at the end of term of new agreement (section 7.3) the fine wine selection will be delivered to the customer with an increased value of a minimum of 7% for every year that it has been stored with Dominique Ritorto.
7.5-b Dominique Ritorto will offer to buy the wine from the customer at the end of the agreed term. This offer will include the original purchase cost of the wine plus an addition of 7% of this for every year that the wine has been stored with us. Any payment will be received within 30 days from the end of agree period.
7.5-c If the customer declines or do not respond to the offer as detailed 7.5-b, the terms as in section 7.5-a will apply.
7.6 The storage of the wine during the period of the agreement, including any new agreement, (see 3. Limitation of liability) is the responsibility of Dominique Ritorto The wine is fully insured at its market value, and full documentation is sent to the customer as soon as the wine is transferred into their name (see 5. Title) .
8.7- The customer by purchasing the fine wine selected by Dominique Ritorto, agrees and accepts the terms and conditions of Dominique Ritorto and understands the risks involved in purchasing fine wine. The customer understands that to minimize the risk and increase profits a necessary capital is involved in the purchasing of fine wine .The customer agrees to payment of a fee or a brokerage fee to Dominique Ritorto, for his services of wine trading, wine selling and wine storage.
8.8- The fine wine purchased by the customer is not guaranteed to increase in value through the year, and the fine wine is the responsibility of the customer and owned by the customer (see Title ,section 5).The customer purchases the fine wine selected by Dominique Ritorto, with their knowledge of the risks involved.
8.9-The fine wine purchased by the customer is not guaranteed against any loss of value from the initial purchase price, within any period of time .The fine wine is entirely the responsibility of the customer and owned only by the customer .The customer purchases the fine wine selected by Dominique Ritorto, with their knowledge of the risks involved in the purchase of fine wine, selected by Dominique Ritorto.
8.11- Dominique Ritorto does not guarantee and does not provide and/or organize the storage of the fine selected wine purchased. Excluding fine wine bought in primeur. Dominique Ritorto assures the delivery to the selected destination of the customer.
A cellar discerningly selected by Dominique Ritorto will be advised to the customer for the fine wines destination and storage. An annual fee including insurance will generally be payable to the Cellar.
8.12- The wines bought in primeur will be generally be sold "in bond" or excluding duty and VAT
The primeur period wish could last 1 to 3 years or even more on some exceptional wine .When the wine arrives in the country, you will be informed of this and asked for confirmation of delivery instructions. At this point you may opt to store the wines in bond, them duty paid or have the wines delivered (see delivery section 4 also, the delivery. section“4e”). Should you choose either of the latter two options, you will then be required to pay duty and VAT at the current rate. Should you choose to store the wine in bond with Dominique Ritorto, you will only pay duty and VAT if and when you take delivery .Bear in mind that Dominique Ritorto will charge you for storage, on an annual basis. Be aware that wine bought in primeur presents a risk of devaluation when the wine reaches the retail market.
Dominique Ritorto shall accept liability, if it is unable to carry out any provision of any agreement for any reason beyond its control ,including any act of God, legislation, war, fire, power failure, lock-out ,strike, or inability to procure materials required for the fulfillment
of the agreement .During the continuance of such circumstance , the customer may terminate the agreement in writing , and pay for the work done and materials used , but shall accept delivery when available.
The company may terminate the agreement by written notice, if in the case of a Company, the Buyer becomes insolvent or is deemed to be unable to pay its debts within the meaning of Section 219 of the Insolvency Act 1986 or if, in the case of an individual, the Buyer becomes bankrupt.