Introduction
The terms and conditions set out below (“Terms and Conditions“) govern the terms upon which you will be an account customer (“Customer” and “you“) of Burns & German Vintners Limited (“BGV” and “we“) and upon which BGV will supply any wine ordered and/or purchased by you or on your behalf (“Wine“). No other terms and conditions shall apply in respect of the purchase of such Wine unless expressly accepted in writing by BGV.
Wine Quality & Description
We purchase wines in good faith which meet our quality criteria with respect to provenance and cellarage conditions. However, we are unable to accept responsibility for expected quality in the bottle as perceived by you the customer.
Ownership
Title to all Wines purchased shall remain with BGV until payment in full has been received for the Wine and any other sums owed to BGV (whether or not then due and whether or not owing in respect of the Wine supplied).
Orders will be confirmed by issuance of an invoice (not Sales Order) and BGV will not be liable for the order until the customer has received such an invoice.
Until title passes, if you fail to make a payment as it falls due to BGV or BGV, acting reasonably, believes that you will or are likely to fail to make any such payment, BGV is entitled without notice to enter any of your premises at which BGV believes any of the Wine is stored and to remove some or all of the Wine up to the value of the total amount due or to become due from you.
Lien
Where BGV holds Wine on your behalf, BGV shall have a right of lien on such Wine for any debts, claims and liabilities whatsoever for which you may from time to time be liable to BGV whether or not the same is due and in the event of any such debts, claims and liabilities not being paid within 10 days of the notice of the exercise of any such lien, BGV may sell the Wine and apply the proceeds towards the satisfaction of all such debts, claims and liabilities on whatsoever account owing and also all charges and expenses including legal costs (on a full indemnity basis) arising and incurred in relation to the exercise of any such lien. BGV’s right to sell the Wine will additionally apply to all Wine that may come into BGV’s possession following it first giving notice of the exercise of any such lien.
For the avoidance of doubt, all debts, claims and liabilities will be deemed to be owing to the extent they have accrued up to the date of the application by BGV of the proceeds of sale following the exercise by BGV of its right of sale regardless of whether they have been invoiced to the Customer and regardless of whether or not BGV is entitled to issue an invoice in respect of them at that date and regardless of whether any maximum credit period offered by BGV to the Customer is yet to expire.
Payment
Payment is due with the order, other than for approved credit accounts when it is due 30 days from invoice date unless otherwise stated. We accept payment by bank transfer.
For direct fund transfers, BGV’s Bank details are:
HSBC Bank plc
9 Wellesley Road, Croydon, Surrey CR9 2AA
Sterling account: 72850087
Sort Code: 40-18-41
IBAN: GB57HBUK40184172850087
BIC/ Swift code – HBUKGB4B
Prices
All prices are per standard case (12 bottles, 6 magnums, 24 half bottles unless otherwise stated) in £ sterling, inclusive or exclusive of VAT as stated in the offer but are subject to alteration.
Minimum Orders
The minimum order is one standard case (12 bottles, 6 magnums, 24 half bottles) and all orders are subject to your account being up to date and within any relevant credit limit.
Deliveries
Delivery within the M25 is free of charge for all orders of a value of £500.00 or more excluding VAT. Delivery to Mainland England outside the M25 & Wales is free of charge for all orders of a value of £500.00 or more excluding VAT. For all other orders, a charge of £15.00 (inc.VAT) is levied on any orders for delivery within the M25, or £20.00 (inc.VAT) for orders to mainland England (outside the M25) and Wales. Charges for other destinations, including Northern Ireland, Channel Islands, Scotland and overseas, are available on request.
Providing orders are received by our Order Desk no later than 10.30am on any working day, deliveries to central London will be executed the following working day. BGV will make every reasonable effort to comply with your delivery instructions but is unable to agree to guarantee delivery on the date the Wine is scheduled for delivery. Mainland England and Wales deliveries (organised on a pre-determined delivery schedule) are usually completed within 3 working days of receipt of order. Any orders in excess of 90 cases or that require a booking are not subject to the standard delivery schedule and will be delivered at the earliest opportunity.
Claims/Risk
All Wine shall be at your risk from the point of delivery to you, your agent or into bond if requested by you. Upon receipt of the Wine you must examine the Wine delivered and sign to confirm receipt on any delivery note provided by BGV. If any Wine as delivered to you is subject to shortages, damage or errors you must note this on the delivery note or otherwise inform BGV within 48 hours of the time of delivery (or the next working day if delivery takes place on a Friday or preceding a Bank Holiday) and give details of such shortages, errors or damage. You must also retain such Wine and packaging and make it available for inspection and collection by BGV.
Customers may request wine be left in a specific place at their designated delivery address with no signature being taken but in such an event the Customer shall be solely responsible for the security of the wine once left and BGV will accept no liability should the wine be subsequently damaged or removed.
BGV will not be liable for any loss or damage of whatever nature directly or indirectly incurred by you or any third party arising out of or in connection with any late delivery, shortage of delivery or non-delivery of Wine to you.
Data Protection
We do not share any customer details or information with other organisations or companies and would only do so if prior permission had been given by you, the Customer.
Customer Wine Storage
Burns & German Vintners are able to provide customers with storage of their wines (both In Bond and Duty Paid) in their condition regulated cellars or arrange options for storage at any of the UK’s bonded warehouses.
Please contact us to discuss rates and our Storage Terms & Conditions.
BGV store their wine with Vine Tilbury in their temperature/humidity controlled cellars.
The Bond Address is:
Vine Tilbury
A/c: BURN (Burns & German Vintners Ltd)
29 – 30 Berths
Tilbury Docks
Tilbury
Essex, RM18 7EH
Opening Hours: Monday to Friday 07:00hrs to 17:00hrs
Excise number: GBWK506829337
Warehouse ID number: GB00001722530
General
You may terminate your account with us at any time providing you give us notice in writing and all outstanding amounts have been paid in full.
BGV may terminate your account without notice if you fail to make a payment as it falls due to BGV or if BGV, acting reasonably, believes that you will or are likely to fail to make any such payment or if you otherwise breach these Terms and Conditions.
Upon termination all Wine delivered but not paid for by you becomes immediately due and payable.
These offers are only available to persons aged 18 or over. Under the Licensing Act 1964 it is an offence for an individual aged under 18 to buy or attempt to buy intoxicating drinks.
No variation or waiver of any of these conditions shall be binding on BGV unless in writing or signed by a director of BGV.
Your statutory rights are not affected by any provision of these Terms and Conditions.
If you or we fail to exercise or delay in exercising any right or remedy which it may have under these Terms and Conditions, this will not be a waiver of the right or remedy. Neither shall any single or partial exercise of any right or remedy under these Terms and Conditions by you or us prevent any further exercise of the right or the exercise of any other right or remedy.
These Terms and Conditions constitute the entire and only agreement and understanding of the parties, and supersede any previous agreement or understanding between BGV and you relating to the subject matter of these Terms and Conditions. You agree that in entering into these Terms and Conditions you do not rely on, and have no remedy in respect of, any statement, expression or opinion, representation, warranty or understanding (whether negligently or innocently made) of any person if not expressly set out in these Terms and Conditions. Nothing in this paragraph shall operate to limit or exclude any liability for fraud.
These Terms and Conditions shall be governed by and construed in accordance with English law and you and we irrevocably submit to the exclusive jurisdiction of the English courts to determine any disputes which may arise in connection with them.
Burns & German Vintners Ltd is registered in England no. 8774724.
VAT Registration Number 175 8684 53
Registered office: Evergreen, 65 London Wall, London EC2M 5TU
AWRS Registration Number: XRAW00000103209 (Granted by HMRC, 12/09/2016)
E&OE 2019