Retail Terms & Conditions

1. Introduction

1.1 These terms and conditions ("Terms") apply to all sales of wine and spirits ("Products") by Noble Cask Wine Limited ("we", "us", "our").

1.2 By placing an order with us ("Order"), you agree to be bound by these Terms, together with our Privacy Policy, Cookies Policy, and Website Terms and Conditions. To the extent that the Website Terms and Conditions conflict with these Terms, these Terms will control.

1.3 We reserve the right to amend these Terms at any time and any such amendments will take effect once published via our website. It is your responsibility to read and understand these Terms on each occasion ahead of confirming any Order.

1.4 These Terms apply to retail purchases only. For managed investment terms, please refer to our Investment Terms & Conditions.

 

2. Eligibility

2.1 You must be at least 18 years of age (or the legal drinking age in your jurisdiction) to place an Order.

2.2 We reserve the right to request proof of age at any stage, including at delivery, and may refuse to supply Products where we are not satisfied that this requirement is met.

 

3. Orders and Contract Formation

3.1 Orders may be placed via email, telephone, messaging services, or through our Website.

3.2 An Order constitutes an offer by you to purchase Products. A binding contract is formed only when we issue a written confirmation or invoice accepting that Order.

3.3 We reserve the right to decline any Order at our discretion, including where:

•  Products  are unavailable;

•  pricing or description errors have occurred; or

•  we reasonably suspect fraud or misuse.

3.4 There is a minimum order value of £500.00 (excluding any applicable taxes)

 

4. Pricing

4.1 All prices are quoted in pounds sterling (£).

4.2 Prices may be stated exclusive of VAT, duties, delivery, insurance, or storage charges where applicable. Any such additional costs will be communicated to you before your Order is confirmed.

4.3 We reserve the right to amend pricing prior to acceptance of an Order.

 

5. Payment

5.1 Payment terms will be specified in the invoice.

5.2 Unless otherwise agreed, payment is due within 14 days of the invoice date.

5.3 If payment is not received when due, we may:

•  suspend delivery or performance;

•  charge reasonable costs incurred as a result of late payment; and/or

•  apply any funds held on your account towards outstanding balances.

5.4 We reserve the right to retain possession of any Products or refuse release of stored goods until all outstanding amounts owed to us are settled. This applies to invoices for goods and/or services

 

6. Cancellation

6.1  Cancellation by You (Consumers)

6.1.1 If you are purchasing as a consumer, you may have rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

6.1.2 You may cancel your Order within 14 days of receiving the Products by notifying us in writing.

6.1.3 Returned Products must be in their original condition. We will not accept return, or provide any refund or reimbursement, for any bottle of wine or spirit that has been opened or altered.

6.1.4 You are responsible for return costs unless the Products are faulty or not as described.

6.2 Cancellation by You (Other Orders)

6.2.1 Orders may not be cancelled after acceptance without our agreement. Where cancellation is agreed, we may charge a reasonable fee reflecting costs incurred or losses suffered.

6.3 Cancellation by Us

6.3.1 We may cancel an Order prior to delivery where:

•  the Products are found not to meet expected condition or description at the time of Order;

•  fulfilling the Order would pose a reputational or legal risk; or

•  you are in breach of these Terms.

 

7. Delivery and Risk

7.1 Delivery includes shipment to an address, releases for collection, warehouse transfer, or export arrangements.

7.2 Our obligations to deliver an Order begin only once full payment is made for wines and/or spirits specified on the invoice.

7.3 Delivery dates are estimates only and are not guaranteed.

7.4 Risk in the Products passes to you upon delivery or, where applicable, upon allocation of the Products to you in storage.

7.5 You are responsible for complying with all laws relating to the import, storage, and use of Products in your jurisdiction. We do not guarantee that Products may lawfully be imported into any particular country.

7.6 Deliveries will be charged according to the relevant tariff at the time of request and such charges shall be included on the applicable invoice. Depending on the circumstances, charges for Delivery will be collected at the time of Order or the time of shipment. Where funds previously collected do not cover the costs of shipping, an additional amount may be charged at time of shipment. Free Deliveries and/or agreed Order thresholds for free Deliveries may be offered at our discretion.

7.7 Goods ordered from stock held in the UK pending shipment overseas may be held in our UK storage facility for a period of two months from the date of order free of charge. To the extent that Goods are held pending shipment for a period in excess of two months, a storage fee of £1.25 (excluding taxes) per bottle per annum will apply.

 

8. Title

8.1 Ownership of the Products passes to you only once we have received full payment in cleared funds.

 

9. Storage and Logistics

9.1 Where Products are stored on your behalf:

•  storage may be provided by third-party bonded warehouses;

•  storage and insurance charges may apply;

•  you are responsible for all ongoing storage costs;

•  delivery,  withdrawal, or transfer may be subject to additional fees and lead times.

9.2 For certain Products (including en primeur purchases), goods may not be immediately identifiable or segregated and your rights may initially be contractual rather than proprietary.

 

10. Provenance and Condition

10.1 We take reasonable care to source Products with best possible provenance and have benefitted from optimal storage.

10.2 It is understood that wines may suffer from cork taint (TCA), premature oxidation, fatigue and/or other 'faults'. While best effort is made to identify such faults by us, many remain undetectable until opening of the bottle and we cannot be held under any obligation to replace affected bottles or offer compensation where such faults are found to exist after Delivery.

10.3 At our discretion, we may contact a producer to the return of bottle(s) suspected of containing certain faults.

10.4 With regards to older, particularly rare or particularly high-value wines and/or spirits, we make reasonable endeavors to verify provenance of such products but we are unable to guarantee authenticity. Despite improving technology and methods, inspecting wines and/or spirits for authenticity often remains subjective and therefore impossible to establish definitively. Any information we are able to provide pertaining to the provenance of specific wines is not guaranteed or warranted by us in any way.

10.2 Except where required by law, we do not guarantee the drinkability, condition, or future performance of any Product.

10.3 Any information provided regarding provenance is given in good faith but without warranty.

10.4 We endeavor to deliver all bottles in the condition in which they are offered and use only recommended specialists for the transportation of wines and/or spirits (where possible). Insurance is required for all Deliveries of Orders and will provide coverage to you for damage or loss directly caused by a carrier that was reasonably within the carrier's control. There is no insurance coverage for any other conditions during transport. Orders will be packaged for Delivery using standard packaging and reasonable consideration will be made to account for optimum temperature and other weather-related conditions. Notwithstanding the foregoing, we cannot guarantee the quality of the contents within any bottle in an Order.

 

11. Inspection and Claims

11.1 You must inspect Products promptly upon delivery.

11.2 Any claim for damage, error, or shortage must be notified to us within 48 hours of receipt.

11.3 We may request supporting evidence, including photographs.

11.4 Where a valid claim is accepted, our obligation will be limited to replacement, repair, or refund, at our discretion.

 

12. Limitation of Liability

12.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability under the Consumer Rights Act 2015.

Subject to this:

•  we are not liable for losses that are not reasonably foreseeable;

•  we are not liable for indirect, incidental, special, consequential, or exemplary damages, resulting from any order or any attempt to order; and

•  our total liability in respect of any Order shall not exceed the amount paid for the relevant Products.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

 

13. Lien and Enforcement

13.1 If you fail to pay any amounts due to us (including storage or insurance charges), we may retain possession of Products held on your behalf.

13.2 Where payment remains outstanding, we reserve the right, upon reasonable notice, to sell some or all of those Products and apply the proceeds towards the amounts owed.

 

14. Governing Law

14.1 These Terms are governed by the laws of England and Wales.

14.2 The courts of England and Wales shall have jurisdiction, except that consumers may bring claims in their country of residence where required by applicable law.

 

15. Contact

15.1 If you have any questions regarding these Terms or your Order, please contact us at:

Email: info@noblecaskwine.com
Address: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ