TERMS & CONDITIONS
1.1 These terms and conditions (“Terms”) apply to sales of wine (“Wines”) by us, MRM Wines Limited (“we” or “us”) to you, the customer (“you”). The Terms apply to all orders placed by you with irrespective of whether such order is made by phone, on our website, by email or in person (“Orders”).
1.2 These Terms may be amended from time to time and the version of the Terms which applies is that which appears on this page at the time of placing your order.
1.3 These Terms apply to both private customers (“consumers”) and those dealing with us in the course of their business (“trade customers”). Those Terms which are underlined only apply to dealings between us and consumers.
1.4 To purchase Wines from us you must have reached the required age in the jurisdiction in which you are located for the lawful purchase of alcohol.
2.1 A contract for sale incorporating these Terms commences only on our express acceptance of your Order. Your Order is only accepted, and a contract comes into existence, only on our receipt of payment or the issue to you by us of an invoice in respect of your Order.
2.2 If we issue an invoice to you, payment will be due from you immediately and may be paid using a pre-authorised credit or debit card. Unless and until our invoice is paid, the issue of the invoice will constitute acceptance of your Order but until the invoice is paid we shall not be obliged to deliver or release the Wines the subject of the Order to you.
2.3 We may agree to deliver the Wines to you. If so we will provide you with an estimated delivery date and delivery charge. Any dates are estimates only and we do not guarantee to meet any fixed delivery date unless specifically agreed. You will need to pay in advance all applicable taxes to have Wines which are held in bond (“IB”) released or delivered to you.
2.4 If we have not agreed to deliver the Wines to you then the Wines will be held in a storage facility selected by us (and held IB if held IB prior to your Order) and will be available for collection (or delivery) after we have issued an invoice to you (subject to payment of our invoice and all applicable taxes due on any Wines held IB). Wines on which all applicable taxes required to be paid before release from IB status are referred to as “duty paid”.
3.1 Payment is immediately due on the issue of our invoice. We can require you to provide debit and/or card details as a condition of acceptance of your Order and the pre-authorisation of that credit or debit card for the purchase price. If you Order is accepted we will charge the purchase price to the credit or debit card.
3.2 In the event of non-payment of any invoice we may refuse to release any wines to you until payment for your Order has been received in full by us.
4.1 Until all amounts have been paid in respect of all of your Orders and outstanding storage charges we shall retain title to all Wines the subject of those Orders including on all Wines held in storage by us on your behalf (and whether duty paid or in bond). We may take possession and sell Wines held by us on your behalf in storage in order to settle any outstanding payment liability to us. Please see our storage terms in clause 6 below for more details.
4.2 You will obtain title in the Wines once we have received payment in full of all Wines the subject of your Order or, in respect of any particular Order, the Wines the subject of the Order are in your physical possession.
5.1 If any invoice for an Order remains unpaid for more than 21 days then we may, but shall not be obliged to, give written notice to the address which appears on the invoice or by email to your email address registered with us that:
5.1.1 the Order is hereby cancelled;
5.1.2 we hereby repurchase the Wines named in such written notice in our possession in accordance with the following provisions of this clause 5; and/or
5.1.3 we hereby repurchase any other Wines of yours which are held by us in storage in accordance with the following provisions of this clause 5.
5.2 to exercise our right to repurchase wines we hold for you to satisfy any outstanding liability to us we will send written notice to your last known invoice address [email] of our intention to repurchase the Wines named in such written notice. If amounts remain unpaid for 7 days or more days after sending such notice we will be entitled to take ownership and possession and (at our discretion) dispose of some or all of the Wines referred to in the written notice.
5.3 If we elect to repurchase any of the Wines, we will credit you with 80% of the fair market value of the relevant Wines (the “repurchase credit”) as at the date of our written notice. Fair market value will be assessed based on our list prices or by making such reasonable determination as we see fit and will be assessed on the date which falls seven days after the notice referred to in clause 5.2 is sent by us. You agree that the repurchase credit is a fair assessment based on the typical cost we would pay to acquire the relevant Wines and is reasonable having regard the changing price and supply and demand for Wines.
5.4 The repurchase credit will be off against any sums you owe to us (including any interest owed) and if it exceeds the amount you owe to us we will account to you for any surplus at your written request but without liability to pay interest. After we have credited you (whether or not paid to you) with the repurchase credit amount we will hold title to the relevant Wines may dispose of those Wines at our discretion at such price as we see fit and shall be entitled to retain in full the proceeds of any such sale.
5.5 If any amount remains outstanding to us after we have repurchased Wines and credited the repurchase credit to you that amount shall remain payable by you and interest will accrue on a daily basis on such outstanding amounts at the rate of 5% above the base rate of HSBC Bank plc per annum applicable for the given period
5.6 Our right to repurchase wines we hold for you in accordance with this clause 5 is without prejudice to any other remedies we may have.
6.1 Where you opt to collect the wines from our storage facility we will let you know in advance of the expected time of availability and we will require at least three clear days notice before they will be available for collection.
6.2 At your request and as your agent, we may arrange for delivery of the Wines to you. If you are a trade customer risk will pass to you on consignment with the carrier and we will not be liable for any acts or omissions of the carrier.
7.1 Trade customers will not be able to cancel Orders after acceptance by us in accordance with clause 2.
7.2 If you are a consumer you have a right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Regulations”) as set out and explained below:
7.2.1 You may cancel your Order within 14 days of acceptance by us in accordance with clause 2 for any reason unless you have purchased En Primeur Wine (as defined in clause 11)
7.2.2 The cancellation period will expire after 14 days after the day on which the Wines are made available to you either for delivery to you or 21 days following acceptance of your Order when the Wines will be available for collection from us.
7.2.3 To exercise the right to cancel, you must, prior to the expiry of the cancellation period send to us at the following postal or email addresses a notice clearly stating your wish to cancel the Order. Email cancellation notifications should be sent to “firstname.lastname@example.org” and cancellation notification by post addressed to:
FAO Order Cancellations
MRM Wines Limited
c/o Bennett Brooks & Co Limited
50 Eastcastle Street
London W1W 8EA
7.2.4 If you cancel your Order, we will reimburse to you all payments received from you in respect of that Order, including the costs of delivery but may make a fair deduction from the reimbursement for loss in value of any Wines supplied, if the loss in value is the result of the treatment of those Wines while in your possession or control. The reimbursement shall be made no later than 14 days from our receipt of the Wines from you or if no Wines were delivered to or collected by you, 14 days from your notification to us of your decision to cancel your Order. Failure to return the relevant Wines (at your own cost) to us within 14 days from your notification that you have cancelled the order will result in the Order not being cancelled and you remaining liable to pay the amounts due and in respect of which the provisions of clause 3-5 inclusive shall apply.
8.1 You will inspect all Wines purchased from us on promptly on delivery or on them becoming available at the relevant storage facility for release to you.
8.2 If we store the Wines on your behalf, you agree that you are entitled to attend the relevant storage facility to inspect the wines (either in person or using an agent instructed and paid for by you). You agree to notify us immediately of any defect, damage, or shortage in, or to the Wines.
8.3 Trade customers shall be deemed to have accepted the Wines in full satisfaction of the relevant Order on the expiry of 14 days following collection, delivery or release to you.
8.4 Consumers agree to notify us of any defects in the wines within 30 days from the date on which the wines are collected, delivered or released on the expiry of which period you will be deemed to have accepted the Wines in full satisfaction of the relevant Order
9.1 You agree that having regard to the variable nature of wine, provisions of this clause 9 are fair and reasonable.
9.2 If you are a consumer we warrant that the Wines the subject of your Order are of satisfactory quality.
9.3 If you are a trade customer we warrant that we have undertaken reasonable endeavours to ensure that wines sold by us are of satisfactory quality.
9.4 While we will undertake reasonable efforts to verify the authenticity of Wines, with respect in particular to, but not limited to, older vintages and rare Wines, we are unable provide a guarantee of their authenticity or quality. As there are variations in which wine ages in bottle, we do not guarantee that the quality or authenticity of Wines can be conclusively or objectively determined. We do not provide refunds for corked wines as this condition is frequently encountered and must be considered as a normal risk of all purchase of Wines.
9.5 Wine sold by us are subject to the normally encountered defects, imperfections, lower ullage levels and other damage commensurate with their age and to any specific issues which have been notified to you prior to acceptance of your Order.
9.6 Any information provided by us to you as to provenance is provided as received from the supplier to us and has not been independently verified by us as to its accuracy and we undertake no responsibility for its content or accuracy.
10.1 Our liability to you regarding the sale of any Wines is:
10.1.1 limited to the purchase price paid by you for the wines; and
10.1.2 limited as set out in clause 9 above.
10.2 We shall not be liable for any indirect or consequential losses or damages which shall include but which is not limited to including loss of bargain, loss of profits, or damage to goodwill or reputation.
10.3 We are only liable to you and not to any person to whom you may sell or transfer any Wines.
10.4 The provisions of this clause 10 shall not limit our liability for death or personal injury caused by our negligence.
11.1 For the purposes of this clause 11, “En Primeur” Wines means Wines sold described as “en primeur” or “futures” or other Wines which are not available for release or delivery to you within 30 days from the date of our acceptance of your Order for such Wines.
11.2 Wines purchased En Primeur shall be invoiced on acceptance of your Order and such invoice must be paid in full in accordance with the provisions of clause 2 notwithstanding that the Wines shall not be available for delivery until received from our supplier.
11.3 Wines purchased En Primeur will only become subject to storage charges on arrival in our chosen third party owned and operated bonded warehouse. You will be advised by email on their arrival and Wines will be stored IB unless we receive your written instructions to the contrary.
11.4 In the event that our suppliers fail to deliver sufficient quantities of Wines which would be required to satisfy all Orders accepted by us from customer, we shall be entitled to allocate the Wines actually received in our discretion as we see fit.
11.5 In the event that we fail to allocate to you any Wines purchased by you En Primeur, our liability to you shall be limited as set out in clause 10.
11.6 Orders for En Primeur Wine may not be cancelled by you after we accept your Order as the purchase of such Wines is speculative and you accept that the value of the Wine may vary between your Order and it becoming available for release or delivery to you.
12.1 We may change these terms and conditions at any time and such changes will be effective on their publication on this page and we recommend that you read these terms and conditions prior to placing each order. By placing an Order you agree that the most recent version of these terms and conditions as published on this page shall apply to that Order.
12.2 If any provision of these terms and conditions is held to be invalid or unenforceable (whether in whole or in part) the other terms (or the remaining valid part of that term held partly invalid) shall remain valid and enforceable.
12.3 We shall not be liable for any failure to meet our obligations or delay in performance of our obligations occasioned by circumstances outside our reasonable control. We will take reasonable steps to find a solution by which our obligations can be performed
12.4 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.5 Any failure or forbearance to exercise our rights under these terms and conditions does not amount to a waiver of such rights unless notice of waiver is expressly given in writing to you. Any waiver given in respect of any failure by you to perform your obligations under these terms and conditions applies only in respect of the specific failure waived and does not amount to a general waiver of such rights.
12.6 These terms and conditions shall be governed by the laws of England and Wales and you agree to the exclusive jurisdiction of the courts of England and Wales.