TERMS & CONDITIONS OF SALE

1. Chelsea Vintners Terms and Conditions

These Terms and Conditions (“Terms and Conditions”) are applicable to and form an integral part of all contracts entered into by Chelsea Vintners London Limited and its associated companies (“Chelsea Vintners”) and its clients (“Client”) and suppliers (“Seller”). The Client or Seller may not seek to impose or imply any terms and/or conditions outside of our own.

2. Contract of Sale and Cancellation Policy

2.1 All wine is supplied by Chelsea Vintners London Limited (Company Number 08162966), 5th Floor, Manning House, 22 Carlisle Place, London SW1P 1JA, OR by Chelsea Vintners Australia PTY Ltd (ABN 77 629 354 365) L3, 530 Collins St, Melbourne, Victoria, 3000 (“Chelsea Vintners”)

2.2 By placing an order with Chelsea Vintners, the Client confirms that they are capable of entering into a legally binding contract. Additionally, the Client must be at least 18 years old or must have reached the mandatory age within their home territory for the purchase of alcohol. 

2.3 Until the point these Terms and Conditions become binding, all wines and spirits offered by Chelsea Vintners are subject to market movement and remaining unsold.

2.4 A verbal or written acknowledgement of a purchase from Chelsea Vintners via telephone, email or website confirmation does not constitute acceptance of an order. Orders will only be accepted once Chelsea Vintners have confirmed payment from the Client or have issued an invoice for the corresponding order.

2.5 Chelsea Vintners reserves the right to not accept any order.

2.6 All goods sold by Chelsea Vintners are offered subject to availability.

2.7 Where the goods are found to be different to those offered by Chelsea Vintners, in breach of the contract with Chelsea Vintners, or faulty, the Client may cancel their order.

2.8 To exercise their right to cancel a purchase, the Client must notify Chelsea Vintners in writing (via email to sales@chelseavintners.com or letter to the above trading addresses) within 7 days of the date that goods are received by the Client or transferred by Chelsea Vintners either to storage or an external facility. 

2.9 In such instances as outlined in 2.7., where the Client has returned the order in its entirety to us, Chelsea Vintners may be obligated to charge the cost of collection. Alternatively, the Client must pay the cost of returning the goods back to us responsibly. This will not affect a refund for the goods themselves.

2.10 Chelsea Vintners reserves the right to try to find resolution to the dispute, in a timely manner, but failing this, will accept cancellation.

3. Payment and Pricing

3.1 Full payment for goods is due upon receipt of invoice. 

3.2 Title to all wines shall remain with Chelsea Vintners until all sums due from the Client are paid in full.

3.3 All prices listed on the Chelsea Vintners website are exclusive of UK VAT unless otherwise stated.

3.4 Although Chelsea Vintners will always endeavour to ensure that all pricing information on our website is wholly accurate, occasionally an administration error might occur, and goods could be accidentally listed with an incorrect price. Should such an error be discovered, Chelsea Vintners will, at the business’s discretion, offer the Client the following options: cancellation of the order, or continuation of the order at the correct price. Chelsea Vintners will not be obliged to supply goods at the incorrect price.

3.5 The minimum order value is £250 (per order, excluding VAT and duty) or a full unmixed case of 6 bottles. 

3.6 Chelsea Vintners reserves the right to decline the whole or part of any order at our discretion (please see 2.4.). Should all or part of an order be declined, Chelsea Vintners will confirm this to the Client and afford them the opportunity to continue with the part of the order that has been accepted.

3.7 Availability of goods will be confirmed after the Client’s order has been received. If at any point prior to delivery of the requested goods Chelsea Vintners are unable to fulfil an order (or any part thereof), Chelsea Vintners will inform the Client accordingly. If payment has already been taken, Chelsea Vintners will credit the appropriate amount to the original card or account used to place the order.

3.8 For Clients who have purchased wines en primeur, in the unlikely event of the Château deciding not to bottle the selected format, Chelsea Vintners reserve the right to allocate the most appropriate bottle size instead.

3.9 At the point where these terms become binding, the Client has entered a contract with Chelsea Vintners for the supply and/or storage of the goods in question. We shall not be bound by any clerical or arithmetical errors in documents issued by the business in relation to any order. No price or other information contained on our website shall equate to an offer to contract.

3.10 If the Client fails to settle amounts owing to Chelsea Vintners within agreed terms, the business reserves the right to charge interest on these amounts at a rate of 5% above the Bank of England base rate from time to time from the date payment is due to the date of payment.

4. Retention of Title and Default

4.1 Chelsea Vintners retains title of all wines sold by us until all sums due to us in respect of the Client’s order are settled in full. This includes wines held on the Client’s behalf in our storage facility Duty Paid or In Bond. 

4.2 In the event of non-payment of accounts (including storage charges), Chelsea Vintners reserves the right to exercise a lien over and/or to sell some or all of a Client’s Reserves and to deduct from the proceeds of sale any outstanding amounts.

4.3 We will notify the Client of our intention to exercise our right to purchase via the most recent contact information we hold for them. We will take ownership and possession of these relevant goods 7 days after sending such notice.

4.4 It is the responsibility of the Client to inform Chelsea Vintners of any changes in primary contact information in a timely manner. Chelsea Vintners will not be held responsible for any error or issue arising from incorrect information where this has not been supplied by the Client.

4.5 We will set the credit amount raised against the Client’s liabilities owing to us. If the credit amount exceeds these liabilities, we will credit the remaining balance to the Client’s account but will not be obliged to pay interest on such excess.

4.6 Should any liabilities remain owing to Chelsea Vintners after we have purchased the goods and credited the credit amount to the Client, then the balance shall remain payable by the Client.

4.7 Our right to purchase wines we hold for the Client to satisfy their liabilities does not affect any other remedies we may have.

4.8 In the case of goods purchased en primeur, those goods may be stored in bulk in the region of their production. Until the goods are bottled and transferred to the Chelsea Vintners bonded warehouse, they cannot be segregated, and the Client may have a contractual rather than a proprietary interest in them.

5. Delivery

5.1 Deliveries and transfers within the UK to Chelsea Vintners’ Clients, including those overseas, are charged at the principal rate plus VAT (where applicable). We reserve the right to charge additional delivery costs in the event of a non-delivery caused by failure by the Client to provide adequate delivery instructions and/or their unavailability to receive the delivery. 

5.2 The delivery charge for mainland UK is £20 ex VAT (£24 inc VAT).

5.3 An order equating to or exceeding the amount of £2,500 may have the delivery fee to a Mainland UK address waived.

5.4 Chelsea Vintners will provide an approximate delivery date; estimates are given in good faith, and we will endeavour to meet the expectations set by us. However, we do not accept liability for any failure to deliver within the estimated delivery timeframe. En primeur wines cannot be dispatched until after the date on which such wines become available to Chelsea Vintners.

5.5 Delivery is deemed completed once the goods are delivered to the Client, a nominated third party or into client reserves (a ‘bonded’ warehouse, controlled by our third-party partner).

5.6 The quantity of any consignment of goods, as recorded by us on despatch, shall be irrefutable verification of the quantity received by the Client on delivery unless they can provide evidence to the contrary.

5.7 Export Clients will be put in contact with a suitable freight forwarder to ensure their goods reach their overseas destination. The delivery fee will be set by the third-party shipping partner in such cases, and the Client will be responsible for covering these charges.

6. Quality Control, Returns and Breakages Policy

6.1 Chelsea Vintners makes every effort to ensure that all goods sold by us are of impeccable quality or in a condition appropriate for the age of the wine or spirit, including thorough provenance checks and appropriate storage conditions. 

6.2 In the unfortunate event that wines are faulty or out of condition for consumption, Chelsea Vintners will be under no obligation to offer replacements or offer compensation of any kind. We will consider requests for replacing the unopened balance of an order if it is deemed undrinkable on a discretionary basis.

6.3 In the improbable event that goods received by the Client do not conform with their order, they must inform us (email to sales@chelseavintners.com or letter to the above trading addresses) within seven days of delivery or collection of the order in question, or as soon as reasonably practicable. 

6.4 Claims for breakages will only be allowed if the Client informs Chelsea Vintners within 7 days of receiving the order (or as soon as is reasonably possible; Chelsea Vintners will reserve the right to make exceptions at our own discretion). The Client must retain breakages and corresponding packaging for consideration by Chelsea Vintners.

6.5 Whilst Chelsea Vintners always endeavours to ensure that goods reach the Client in optimal condition (considering age, previous storage and any other potential affecting factors) we cannot completely guarantee that wines will always show at their best upon opening. Regardless of reputation, all wines can age and mature in different ways. As such, Chelsea Vintners will not bear any liability for subjective judgments such as drinkability and overall quality. We cannot accept returns for any wines which are deemed by the Client to be corked, tainted, or fatigued in any way. We highly recommend that the older the wine, the longer the time that should be allowed for appropriate steps to be undertaken in terms of preparation prior to serving. 

6.6 Whilst Chelsea Vintners takes every reasonable measure to ensure the wines received by the Client are in good drinking condition, wine is not wholly predictable and, as such, we do not provide refunds for faulty wines. We may consider a form of replacement on a discretionary basis. 

6.7 In instances where the Client has purchased numerous bottles from the same vintage and considers the wine to be defective upon opening a single bottle, it is the Client’s responsibility to mitigate any further loss by keeping the remaining bottles of that vintage in their packaging. Chelsea Vintners will then inform the Client as to whether the goods should be returned to us. We maintain the right to charge the Client for the cost of any additional bottles opened by them of the same vintage of the suspected faulty wine concerned.

7. Storage and Insurance

7.1 Chelsea Vintners provides storage facilities in the UK with London City Bond, Dinton to its Clients for goods purchased from Chelsea Vintners or (in accordance with section 7.4.) for goods purchased from other sources. The Client acknowledges that our storage facility is owned and operated by a third party. Such facility is temperature-controlled as is appropriate for the storage of fine wines. 

7.2 The Client will maintain ownership of all goods purchased that are held on their behalf by Chelsea Vintners at our storage facility.

7.3 Chelsea Vintners agrees to arrange for the goods held on the Client’s behalf to be insured against damage, loss or theft. Please note that the insurance will be provided by a third party and will be subject to that party’s various exclusions and limitations. The Client agrees that our liability with respect to any loss they may incur will be limited to such amount as Chelsea Vintners may reasonably recover within the parameters of our insurance policy.

7.4 Chelsea Vintners can also offer storage for goods purchased from other sources. Goods collected for storage with Chelsea Vintners will be subject to a collection fee (dependent on size of collection and location). 

7.5 Chelsea Vintners will rely solely on the accompanying documentation provided by the Client and/or the designated warehouse from where the wine was delivered/collected, as being valid authentication of the description and quantity of the goods upon acceptance by Chelsea Vintners. 

7.6 Chelsea Vintners accept no liability for either the provenance or condition of goods purchased from other sources or for any defect or other fault that these goods may have or may develop. For the avoidance of doubt, goods purchased from other sources shall, subject to Chelsea Vintners’ rights in Section 4, be the property of the Client.

7.7 Storage charges for Reserves shall be at the prevailing rate plus VAT (where applicable) per year, per case. Charges will be rendered annually in arrears or when the Reserves are delivered or collected. 

7.8 The standard storage charge for Reserves is £7.50 per unbroken six 75cl bottle case per year ex-VAT. including insurance and condition reports on demand. This is also the minimum annual charge per stock line regardless of number of bottles held. An unbroken case of twelve 75cl bottles equates to £15 per year ex-VAT.  

7.9 For single 75cl bottles and large formats below 4.5L, the minimum charge is applied per bottle per stock line. Above the minimum charge threshold, the charge will be pro-rata based on the number bottles held and the time spent in storage. Larger formats, and bottles of any size in non-standard larger cases which take up more warehouse space may be charged as individual stock lines and attract the minimum charge per bottle held.

7.10 The Chelsea Vintners storage rental year runs from 1st April to 31st March. A list of Reserves will be sent to the Client annually in April with an invoice for storage for the year ending on the immediately preceding 31st March.

7.11 The Client is entitled to collect any wines held in storage on their behalf by giving Chelsea Vintners at least two full business days’ prior notice to be received by us before noon British Standard Time. In the instance of high volume and large transfers of client reserve requests, we may require more than two business days’ notice to fulfil the request. 

7.12 Chelsea Vintners will endeavour to deliver client reserve request transfers in the shortest amount of time possible within the parameters set by our storage facility and delivery services. 

7.13 Where wines are held in a bonded storage facility (In Bond, Duty Unpaid) the Client will be required to pay duty and VAT on the wines in order to retrieve them from our storage.

8. Broking

8.1 Chelsea Vintners provides a facility for broking client wines (on behalf of the “Seller”). This falls into two categories: Broking from Reserves and Virtual Broking. 

8.2 If the Seller has wine or spirits in storage with Chelsea Vintners, we can offer these for sale on the Seller’s behalf (“Broking from Reserves”). If the goods are stored elsewhere, Chelsea Vintners can arrange for them to be listed for sale via Virtual Broking, subject to the specific Broking Terms and Conditions as detailed below.

8.3 General Terms and Conditions apply for all broking transactions, with specific additions and/or caveats for Virtual Broking.

8.4 General Broking Terms and Conditions

8.4.1 All goods must be in optimal condition for their age to be offered for sale. If the goods were purchased from Chelsea Vintners, then no stock inspection is necessary.  

8.4.2 If the goods were purchased through alternative sources and transferred to Chelsea Vintners we may seek a condition report, with any associated costs passed on to the Seller. 

8.4.3 All goods must be offered in their original packaging unless otherwise stated and agreed by both parties. 

8.4.4 Where the goods are presented in a full case, Chelsea Vintners will only offer the full case for sale. The sale of split cases or loose bottles must be agreed in advance by the Seller and Chelsea Vintners. 

8.4.5 All goods must be fully paid for Chelsea Vintners to offer them for sale. 

8.4.6 All goods may be listed for sale on the Chelsea Vintners website and marketed through all usual channels including Wine-Searcher. 

8.4.7 Both selling (Gross) and Payable to the Seller (Net) pricing will be agreed in advance and no goods will be offered for sale without full and complete agreement from the Seller. 

8.4.8 Chelsea Vintners will retain 10% of the agreed sale price by way of a transaction fee, unless otherwise agreed by both parties. 

8.4.9 Where the Seller agrees to listing goods for sale, they acknowledge that Chelsea Vintners has the exclusive right to selling said goods and no further confirmation is required from the Seller prior to Chelsea Vintners selling said goods.  

8.4.10 If an item of the Seller’s stock is sold, the transaction will be confirmed by Chelsea Vintners via email and subsequently a purchase order will be issued. 

8.4.11 From the point of initial contact confirming the sale, the Seller may not remove the item from sale either by requesting its removal from our broking list or by requesting delivery. 

8.4.12 The Seller may request that any of their stock listed for sale by Chelsea Vintners be removed from sale by contacting the Buying team by email at buying@chelseavintners.com. The Seller may also request that the sell price be adjusted according to their wishes, under which circumstances Chelsea Vintners will still retain 10% of the amended sale value upon successful transaction. 

8.4.13 Payment will be made to the Seller within 30 days of issue of the purchase order plus up to 5 additional working days to allow for the payment to be allocated to a weekly payment run. 

8.4.14 The Client’s satisfaction is final and where items do not meet the agreed condition or description, the Seller will be liable for settling the transaction with a direct replacement or accepting the cancellation of the transaction. Cancellation fees may apply to cover administrative costs. 

8.5 Virtual Broking – Additional Terms and Conditions

8.5.1 In order for goods held in alternative storage to be considered for broking, full disclosure as to their whereabouts must be given. 

8.5.2 Preference will be given to stock held in full cases in professional In Bond storage. Wines kept Duty Paid in non-professional storage may be considered but subject to agreed inspection of storage location and individual items. 

8.5.3 It is the Seller’s responsibility to maintain an accurate record of items listed on Virtual Stock, and to inform Chelsea Vintners immediately if any item listed for sale becomes unavailable. 

8.5.4 When selling Virtual Stock, a purchase order will be issued to the Seller, after which the item cannot be removed from sale. Chelsea Vintners reserves the right to hold the Seller to the fulfilment of a sale, even if the item is found to be unavailable, under which circumstances the Seller will be required to provide a direct replacement. 

8.5.5 Unless Chelsea Vintners have agreed to items the Seller has sold through Virtual Broking, the Seller will be responsible for delivering the goods to Chelsea Vintners, including insurance to cover safe passage. Chelsea Vintners may apply a collection charge if we agree to collect the goods. 

8.5.6 Unless otherwise agreed, goods sold to Chelsea Vintners should be available immediately and should be despatched or made available for collection in a timely fashion. A delivery or release instruction should be issued by the Seller within 48 hours of receiving our purchase order. 

8.5.7 Payment will be made to the Seller within 30 days of issue of the purchase order plus up to 5 additional working days to allow for the payment to be allocated to a weekly payment run.  

8.5.8 Chelsea Vintners reserves the right to cancel any Virtual Stock transaction if the goods do not meet condition criteria or are not delivered in a timely fashion. 

9. Cask Purchases

9.1 In line with UK law, all whisky casks are offered for sale under bond out of Scotland, where the cask must be stored in an independent HMRC registered warehouse or at the distillery itself. 

9.2 It is no longer permitted by law to transport casks of whisky overseas, so UK Duty & VAT will be applied (at that day’s rate) to the contents of a cask removed for UK bottling and consumption. For exports, local taxes and excise duties will be applicable at the time of shipment.

9.3 Upon purchase, casks can be transferred to a warehouse of the Client’s choice, subject to that facility being an HMRC controlled bonded warehouse in possession of a WOWGR (Warehousekeepers and Owners of Warehoused Goods Regulations). Otherwise, Chelsea Vintners can arrange storage in a facility where the cask will remain the property of the Client (registered with HMRC with a unique number) until it is sold, or the contents bottled. The unique number for each cask will be retained by Chelsea Vintners under the terms of our own WOWGR, unless the cask has been moved to an alternative approved warehouse under instruction from the Client.

9.4 Storage charges are applicable (on the same arrears terms as for wine storage) and can be provided on request. Any changes to storage charges will be communicated to existing storage Clients in advance.

9.5 Where Chelsea Vintners is arranging cask storage, we enter into insurance contracts, to which the Client is not a party, with the intention of we ourselves receiving payment of claims, from the insurer, in the event of physical loss, damage or destruction of a cask which is stored in the care of the bonded storage operator. Chelsea Vintners accepts liability to Clients solely to the extent to which those risks are covered by our own insurance. To cover the costs to Chelsea Vintners of maintaining this insurance, a charge will be applied to each cask annually and invoiced to the Client’s account. This charge may change from time to time.

9.6 Chelsea Vintners’ liability to the Client is limited to those risks which are covered under its documented insurance. The Client accepts the obligation to request evidence of the insurance from Chelsea Vintners and to examine the evidence of insurance and to satisfy themselves that such risks as are excluded specifically, or otherwise not covered, are risks which the Client accepts. The Client agrees that they will not hold Chelsea Vintners liable for losses arising from those risks.

9.7 Chelsea Vintners limits the extent of its liability in every case to the reasonably assessed loss experienced by the Client.

9.8 From the point of delivery to the pre-agreed warehouse, risk of loss or damage to the cask passes immediately to the Client upon transfer of ownership.

9.9 Chelsea Vintners is willing to assist in finding a third-party bottler which meets all HMRC requirements but takes no responsibility for the bottling or labelling of a cask’s contents. Bottling must take place in a licensed facility and full casks cannot be delivered domestically.

9.10 It is vital to undertake ‘check and regauge’ tests on whisky casks, the regularity of which is dictated by the age of the cask. It is the Client’s responsibility to request these tests either directly with the storage warehouse or via Chelsea Vintners. In addition, one standard 10cl sample can be requested from each barrel per 12-month period. Costs for physical checks, regauge, and any samples (including duty, taxes and shipping costs), are the liability of the Client.

9.11 All cask volumes are nominal. Upon sale, the actual volume of spirit (RLA – Regauged Litres of Alcohol) contained within the cask will be recorded as close to the point of sale as possible. 

9.12 Some loss of liquid will naturally occur during maturation due to evaporation (the “Angel’s Share”). Consequently, the overall volume of liquid in the barrel reduces at the approximate rate of 2% – 3% per year. The Client acknowledges that on bottling or transfer of ownership the cask may contain fewer litres of liquid than originally outlined at point of purchase, and that this decrease will continue over time.

9.13 Despite our best efforts to offer casks which we believe are representative of their age, maturity and quality, Chelsea Vintners cannot guarantee the quality of the whisky over the duration of maturation. In addition, there will be variations from cask to cask and distiller to distiller which may affect the resulting liquid drawn from the cask. 

9.14 Markets and trends can dictate the eventual value of a cask’s contents at different moments across the life of a cask. Chelsea Vintners cannot be held responsible for these changes and are under no obligation to offer compensation or refunds under these circumstances.

10. Events

10.1 When purchasing a ticket for a Chelsea Vintners event, the Client accepts the following Terms and Conditions and further agrees to comply with any event-specific rules or additional terms communicated to them prior to purchase.

10.2 The cost of ticket(s) must be paid in full upon issue of the corresponding invoice to the Client. Any ticket(s) reserved but not paid will be held for 48 hours pending payment. If payment is not received within 48 hours of the Client receiving an invoice, Chelsea Vintners reserves the right to make the ticket(s) available for resale.

10.3 Tickets for an event must be purchased with the sole intention of being used by the Client and their invited Guest(s) exclusively and are not to be resold.

10.4 The Client may gift their event tickets to a Guest provided that:

10.4.1 They notify and inform the Guest that the tickets remain subject to these Terms and Conditions.

10.4.2 The Guest is known to the Client personally (such as friends or family) and the ticket is for their personal use only.

10.4.3 A ticket that is gifted to friends or family (based on prior consent from Chelsea Vintners) is not to be resold by any party above face value.

10.4.4 The Client shall take full responsibility for the conduct of their Guests and their compliance with these Terms and Conditions. 

10.4.5 Any issues with the conduct of the Client or their Guest, or breaches of these Terms and Conditions, may result in the Client and/or Guest being barred from attending any future Chelsea Vintners events.

10.5 Once payment has been made by the Client, tickets are non-refundable and cannot be exchanged or transferred. 

10.6 All rights conferred to the Client by a ticket, including the right to attend the applicable event, shall be cancelled if the Client fails to pay any sums owing to Chelsea Vintners in respect of that ticket.

10.7 All tickets shall remain the property of Chelsea Vintners, under any circumstances.

10.8 The Client is not permitted to offer Chelsea Vintners event tickets for an event as prizes in promotions, hospitality or travel packages, auctions, sweepstakes, fundraising, raffles, lotteries, or competitions (including charity auctions) without our prior formal written consent.

10.9 Chelsea Vintners reserves the right to cancel or reschedule an event at any time. This may be due to security concerns, government regulations or for any other rational cause as determined by us.

10.10 Clients may request a refund of the purchase price of a ticket up to fourteen days prior to the date of the concerned event.

10.11 If an event is cancelled or rescheduled by Chelsea Vintners, and the Client has made payment in full, they will be refunded for the face value of the ticket.

10.12 If the Client has not been contacted by Chelsea Vintners and believes they are entitled to a refund, then they must apply for a refund within 14 days of the date they became entitled to that refund. Failure to do so within this timeframe means that they shall not be entitled to any refund.

11. General

11.1 Chelsea Vintners reserves the right to alter our Terms and Conditions at any time. Any such changes will take effect when posted on our website (www.chelseavintners.com).

11.2 It is the Clients’ responsibility to read the Terms and Conditions when ordering or contracting services from Chelsea Vintners. The Client’s use of the website, ordering of wines or choosing to place, retain and remove wines with us shall signify their acceptance to be bound by these updated Terms and Conditions.

11.3 If any provision of these Terms and Conditions is held by a court or other competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

11.4 Chelsea Vintners will not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.

11.5 These Terms and Conditions shall be governed exclusively by the laws of England and Wales. 

11.6 For the purpose of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract, this is not intended to, and does not, give any person who is not a party to it any right to enforce, any of its provisions.