Definitions
En primeur purchase: the purchase of a wine which is lying in the producer’s cellars, which may or may not be in bottle at the time of sale
Under bond purchase: the purchase of a wine lying in the UK for which neither duty nor VAT has been paid
Title
The goods shall remain the Seller’s property until the Buyer has paid all sums in respect of the purchase due from it to the Seller.
Right of Withdrawal
Please note that Provinance is a trading company and goods are sold on the basis of trade and not under the terms of the Consumer Protection Acts. As such there is no right of withdrawal from contracts to buy once confirmed by invoice. In limited circumstances, and at the explicit sole discretion of a director of Provinance, a sale may be made on terms covered by the Consumer Protection Acts. Consumers have a fourteen day right of withdrawal from delivered contracts. Notice of cancellation must be given in writing and will be effective upon receipt at Provinance’s trading office. Please note that in the event of a cancelled order, at Provinance’s complete discretion a charge may be levied to cover the cost of collecting delivered goods and restoring them to their storage location.
Where goods are purchased ‘under bond’ and are subsequently delivered from Provinance’s Client Account other than to another bonded warehouse, duty and VAT charges are deemed to be raised at the owner’s request and are therefore non-refundable under any circumstances.
Notwithstanding that the Consumer Protect Regulations (2000) have been deemed not to apply to En Primeur sales, Provinance will accept the purchaser giving notice of withdrawal from an En Primeur purchase within fourteen working days from date of invoice. Notice must be given in writing and will be effective upon receipt at Provinance’s trading office.
Duty & VAT
All in bond/en primeur prices are exclusive of duty & VAT, which are the responsibility of the buyer. Should the buyer request that a wine be released from bond for delivery within the UK, duty at the prevailing rate, and VAT at the prevailing rate levied on the purchase price of the wine, will become due
Where a wine is shown as being duty-paid, VAT at the current rate will be charged on the goods.
Duty & VAT – export orders
Where a wine lying under bond is released to a nominated freight forwarder for export to an overseas address (see Delivery below) neither duty nor VAT will be levied. For duty-paid wines VAT will not be levied upon export.
Prices
All prices are in Pounds UK Sterling unless stated otherwise.
Format and packaging
Wines are offered in the formats and bottle sizes shown. Wines will be sold in sealed original cases unless otherwise stated. Whilst we take every care in specifying the formats in which wines are available we do not accept liability for consequential loss arising from inadvertent errors in descriptions.
Delivery
In the United Kingdom
Under bond prices include delivery to London City Bond’s under bond facilities, whether at Eton Park or Tilbury. Delivery to other locations is subject to individual quotation. Upon shipment Provinance will endeavour to deliver the wines to the customer’s designated storage point without delay. Provinance does not accept any responsibility for late or non-delivery of goods arising from incorrect delivery information being provided, nor for the inability of the carrier to effect delivery within the terms of the service contract.
International customers
Provinance does not normally arrange delivery to international addresses. We are happy to release stock ex warehouse, once paid for, into the care of a nominated freight forwarder such as Connoisseur International Distribution, Davies Turner, Seabrooks etc. We will provide the buyer with a copy of the warehouse Release Order as confirmation. Our liability ends at the point that the goods are collected by the forwarder.
Condition of wines
Wine is an organic product and is liable to change, and occasionally deterioration, through the ageing process and through contact with storage materials, including glass, cork and plastics, which themselves can suffer adverse change from naturally occurring processes. The risk of such deterioration is intrinsically associated with the product.
Please note that Provinance does not accept the return of opened bottles, nor part cases under any circumstances.
Consequential loss
Customers are requested to carefully check all invoices so that mistakes can be rectified promptly. Provinance takes considerable pride in the accuracy and diligence of its employees and agents, and will endeavour to satisfy customers’ requirements wherever possible. So far as the law permits however the company shall not be liable for consequential loss or damage in any respect.
Storage
Charges for storage do not apply to wines lying ex-cellars. For in bond storage refer to Provinance’s Terms for Storage of Customers Wines.
payment terms and Non-payment
In the event of non-payment of invoices, the company reserves the right to sell part of or all of the customer’s paid reserve in order to recover the outstanding charges. The company reserves the right to levy a charge to cover reasonable transaction and handling costs associated with the sale. Under no circumstances will the company credit the customer’s account with a sum greater than the original invoiced value.
Where payment terms including, but not limited to, dates, timescales for payment and staged payments are advised in writing by Provinance Ltd, The Client must pay for goods per the terms advised at the time of purchase. In the event of non-payment by The Client, Provinance Ltd reserves the right to withdraw from the sale/purchase contract with The Client ("the invoice"), cancel any order placed with no written notice given to The Client, and release the goods contained within the invoice for sale to other clients of the Company.
Where a deposit of purchase arrangement has been advised in writing at the time of purchase, any deposit sums paid to Provinance Ltd by The Client are non-refundable in the event of failure to pay for goods within the payment terms as agreed at the time of purchase, unless explicitly advised by Provinance Ltd in writing. In the event of The Client failing to provide any payments due to Provinance Ltd in line with the terms set out at the outset of purchase, Provinance reserves the right to cancel the purchase and the invoice, with no written notice given and with no sums of deposit returnable to The Client. Provinance Ltd is not liable for the return of any deposit payments to The Client where terms of the invoice have been breached.
Investment advice
Provinance uses its best endeavours to recommend actions based on its understanding of individual customers’ requirements and objectives. Wine prices can go down as well as up and Provinance cannot be held liable for unforeseen changes in value of wines traded on the open market. The sale of wines for investment purposes is not regulated under the Financial Services Act.
Availability
Provinance undertakes to make its best endeavours to offer wines in quantities for which it has received confirmed allocations; however if for any reason beyond its control any wines offered En Primeur fail to be supplied by the producer or distributor, where possible similar wines will be offered and alternatively we undertake to refund any payments with interest made in respect of orders placed for the wines.
Data Protection
At Provinance we are committed to protecting your privacy in accordance with current UK legislation.
Limited Liability
Provinance Fine Wines and its Agents will accept no liability for their actions beyond those stipulated under relevant sections of the Sale of Goods Acts and Distance Selling Regulations.
Force Majeure
The company will not be liable for failure to meet agreed obligations due to circumstances beyond its reasonable control.
Law
All contracts are governed by English law and jurisdiction.