Terms of Trading

GENERAL

This list supersedes all previous lists with immediate effect and, unless and until superseded by any new Terms of Trading, constitutes the only terms on which we are prepared to contract with the Buyer. All wines are listed subject to availability and we reserve the right at our discretion to decline any order.

LEGAL AGE

In the UK, it is illegal to sell alcoholic products to anyone under 18 years of age. By placing an order with Nethergate Wines, the Buyer confirms that they are at least 18 years old (or otherwise above any applicable age limit). We reserve the rights to request proof of age from the person placing (or accepting delivery of) an order and to subsequently refuse completion (or delivery) of that order.

PRICES

Prices include VAT at the prevailing rate. All prices may be altered without prior notification.

DELIVERY

Deliveries within the mainland United Kingdom only, unless by explicit prior agreement. Free delivery for orders of twelve 75cl bottles (or equivalent volume) and more within our local delivery area (most of East Anglia). Overnight courier delivery outside our local delivery area to one mainland address: up to twenty-three bottles £10.20 including VAT, 24 bottles or more free of charge.

INTERNATIONAL ORDERS

We request that international customers contact us by email or telephone to discuss their requirements BEFORE placing orders.

GLASS LOAN

Within our local delivery area glasses can be loaned free of charge with an appropriate order, although Nethergate reserves the right to make a charge. Glasses will be invoiced to the Customer and then credited when returned clean. Breakages and missing glasses will be charged at £1.20 including VAT per glass. On occasion a glass washing service may be available; if so, this will be charged at £9.00 including VAT per case. We reserve the right to levy this charge if glasses are returned in poor condition.

PAYMENT

Payment with order, please. For agreed credit accounts only payment to be received by the 20th of the month following invoice. For accounts that fall overdue we reserve the right to charge a management fee of £100 and to charge interest calculated at a minimum rate of 2.5% per month (APR 34.49%) on all sums outstanding for the period between the Settlement Date and the date on which payment in full is actually received, without prejudice to our rights to pursue such outstanding sums at any time after the Settlement Date. A charge of £10.00 will be made for each cheque unpaid by the customer’s bank. In the case of cheques returned marked “Please re-present”, the charge will be made for each time the cheque is returned. If any customer ceases trading with us, the total amount owed shall fall due immediately.

PROPERTY AND RISK

Notwithstanding the following retention of title provisions, all goods sold shall be at the Buyer’s risk from the moment of delivery to the Buyer or its agents. No title to or property in the goods sold shall pass to the Buyer until we have received full and unconditional payment of all sums owing to us by the Buyer on all accounts whatsoever. Until the property in the goods passes to the Buyer, it will hold the goods as our Bailee and keep them safe and store them separately so that the goods be recognised as our property and will forthwith upon request deliver the goods back to us, or allow us unrestricted access to any premises in which the goods are being held for any purpose (including the removal of the goods). The Buyer may resell the goods (but only in the ordinary course of business) notwithstanding that at the time of resale the goods remain our property by virtue of the foregoing provisions provided that the Buyer as Fiduciary shall account to us for the proceeds of such resale to the intent that those proceeds (or so much of them as shall be equal to the total of all sums due to us on all accounts whatsoever) shall be held by the Buyer to the credit of its account with us. Nothing in any of the foregoing provisions will appoint or be taken as evidence of the appointment of the Buyer as our agent nor entitle the Buyer to return the goods or to refuse or postpone payment of the agreed price of the goods.

CLAIMS

Claims for loss or breakage to be notified to ourselves and to our carriers in writing within three days of receipt of goods. Claims for non-delivery to be advised to us in writing two weeks after date of ordering. We regret that we cannot accept any claim not observing the above conditions.

DATA PROTECTION ACT

To comply with the Data Protection Act 1984, we are required to inform you that on our computer we have stored your name and address for the purpose of sending you mailings and recording our financial transactions with you.

ERRORS AND OMISSIONS EXCEPTED

This list has been compiled with great care. However, if any mistakes have been made in any material facts, we reserve the right to correct them without prior or further notice.