Last updated on 16 June, 2022.
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Old Terms & Conditions
TERMS & CONDITIONS OF SALE
These Terms & Conditions are only applicable for purchases before before June 28 2023.
These terms and conditions apply to all wines, spirits or other goods or services supplied by Ditton Wine & Spirits to you (“the Customer” or “you”) through this website. By placing an order with us you are agreeing to our Terms and Conditions.
1 Ordering and Confirmations
1.1 The placing of an order anywhere on our website does not constitute a contract, which is made only when we accept your order, successfully process payment and dispatch the goods to you.
1.2 In some cases it is not possible to complete your purchase on checkout. This may be because the product is (temporarily) unavailable, or it may be because our automated system does not support delivery to your country. If this is the case, please get in touch. – we may be able to process the sale off-site.
1.3 For safety reasons our maximum order value is £10,000. If your purchase exceeds this amount, you will not be able to complete check out but do please get in touch – we may be able to process the sale off-site.
1.4 Ditton Wine and Spirits reserves the right not to accept any order, at any point up until the goods are dispatched without giving any reason. If we are unable to accept your order, we will inform you of this and will not charge you for the goods.
1.5 We go to great lengths to ensure that everything advertised on our website and product catalogue is available to order. However, due to the scarcity of many of our products, we may from time to time go out of stock. All goods are therefore offered subject to availability at the time of picking your order. In the event that a product is unavailable after you place your order, we shall contact you to arrange a replacement or offer another arrangement for the completion of your order which will be entirely at our discretion.
2 Pricing and Duty/VAT
2.1 All prices listed on this site are in British Pound Sterling (£)
2.2 The vast majority of our products are under bond, meaning that UK excise duty and VAT have not been paid.
2.3 This allows us to list two prices. The first one is our price exclusive of UK excise duty and VAT. The second price is inclusive of UK excise duty and VAT. Which price applies is determined on checkout when you decide where your order will be shipped to:
– UK bonded warehouse: no duty, no VAT (unless your purchase is already duty paid, in which case VAT does apply)
– UK home address: duty and VAT both apply
– EU address: sadly we no longer sell to the EU
– USA: duty applies but no VAT (this works out the most economical for you)
– Rest of the world: no duty, no VAT (unless it is more economical for you if we don’t ship duty suspended – we will apply the cheapest option)
2.4 Please make sure to familiarise yourself with the current excise duty rates
2.5 Please note that duty paid products for export must be exported from the UK within 30 days of invoice if collected by the customer’s shipper or 90 days of invoice if shipped by Ditton Wine & Spirits, or else UK VAT will be payable by the customer.
2.6 If products are being ordered from outside of the UK, import duties, tariffs and taxes may be incurred once your products reach their destination. Ditton Wine & Spirits are not responsible for these charges and we undertake to make no calculations or estimates in this regard. We recognise that if you are buying internationally the process can be complex and we will be on hand to guide you with advice and support.
2.7 As the purchaser of the products, it is your responsibility that your purchase is in full compliance with the laws of the country into which the products are being imported.
2.8 Please be aware that products may be inspected on arrival at port for customs purposes and Ditton Wine & Spirits cannot guarantee that the packaging of your products will be free of signs of tampering.
2.9 Although we do our very best to ensure that all pricing information on this website is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.
2.10 We reserve the right to adjust prices, offers, goods and specifications of goods at our discretion at any time before (but not after) we accept your order. Where an end date is specified on any offer on the website, it is intended as a guide only.
3 Payment
3.1 Payment can be made by Credit or Debit card. We accept Visa, Mastercard, Maestro and JCB. Cards are accepted without surcharge. We only accept payment in British Pound Sterling (£).
3.2 Payment can also be made by bank transfer, Alipay and WeChat Pay, by arrangement. In these cases, you will not be able to use the checkout, but please get in touch if that is how you wish to pay.
3.3 If your card payment is declined at checkout, please be aware that this is entirely a decision by your bank. It is your responsibility to contact them to resolve any outstanding issues you may have.
3.4 We always conduct security checks on cards used in the interests of protecting you and us against fraud. In some instances, you may be asked to provide us with additional information. We reserve the right to refuse your order and refund you should payment already have been taken.
3.5 The use of stolen credit cards will result in international police notification in all cases.
3.6 We reserve the right to withhold any products you have ordered for non-payment of any invoice (and for the avoidance of doubt this may include an invoice for other products or services). We may refuse to release any products to you until such time as you have made payment for your order in full.
4 Ownership
4.1 We shall retain title to all goods sold by us until all the sums due from you in respect of any order have been paid.
4.2 Title to the goods shall not pass to you until we receive payment in full (in cash or cleared funds) for those goods and any other goods that we have supplied to you in respect of which payment has become due.
4.3 You will obtain the title of the products and risk from the time we deliver the goods to the address you gave us or you/a carrier organised by you collect them from us.
5 Delivery
5.1 We use independent couriers to fulfil our deliveries. We charge delivery at cost.
5.2 We reserve the right to change our delivery rates at any time.
5.3 We cannot be held responsible for significant and sudden changes in the rates that our couriers charge that come into effect after you have placed your order but before it is shipped that are beyond our control. In this case, we will contact you and offer you the choice of cancellation or alternative means of transport/storage.
5.4 All delivery dates and times, where given, are only estimates. We will endeavour to get your order to you within the estimated delivery time, however, Ditton Wine & Spirits cannot be held responsible for delays due to circumstances beyond our control or for any consequential losses you may suffer as a result for whatever reason.
5.5 Our couriers will only attempt to deliver items twice after which they may be returned to us if you do not respond to their communications. In this instance or if items are returned to us due to an incorrect or incomplete delivery address given by you we reserve the right to pass on the cost of redelivery.
5.6 Worldwide customers especially in the USA please note that your local customs departments sometimes hold parcels for inspection. This is totally out of our control so extra delivery time must sometimes be allowed if this does happen.
5.7 Your order may be subject to local taxes and customs duties upon arrival into your country. Any additional charges of this nature are your responsibility. Duties and tax can vary wildly depending on your country so please contact your local customs office for further information. You must inform us before placing an order if there are additional customs procedures to follow in your country.
5.8 We do not facilitate sales into the European Economic Area (EEA) on this website. Products purchased on this website may be sold by us on a T1 custom status for sales outside the EEA only, may not be in free circulation (i.e. on a T2 custom status) within the EEA and trademark rights might not be exhausted for sales within the EEA.
5.9 This is a retail website. We do not facilitate reselling. We do not stipulate the custom status (T1 or T2) of our products. If you (the Customer) purchase products on this website with the aim of reselling them, it is your sole responsibility to verify whether the trademark rights of the trademark owner(s) are exhausted in the market(s) where you (intend to) offer or sell the goods, and to respect the laws and regulations in force within the EEA in respect to any trademark rights of the respective trademark owner(s). In this regard, you guarantee that the Products will keep the custom status that we sold them with, also when sold by you. You will indemnify Ditton Wine Traders Ltd. against any adverse consequence for Ditton Wine Traders Ltd. because of a loss of the T1 custom status, including but not limited to any duty, levy, tax, penalty, or interest becoming due, or claimed to be due, towards any customs authority for any cause, including theft or loss of such Products.
6 Inspection and Acceptance
6.1 You agree to inspect all products purchased from us on delivery.
6.2 You agree to notify us of any defects in the products within 30 days from the date on which the products are delivered to you and after 30 days you will be deemed to have accepted the products.
7 Warranty and Quality Control
7.1 If you are a consumer then we warrant that the products purchased from us will be of satisfactory quality. If you are a business then we confirm that we have made reasonable endeavours to ensure that products sold by us are of satisfactory quality.
7.2 We do not warrant taste or drinkability of products purchased as drinkability and taste are subjective judgements.
7.3 With respect to older or high-value products we will make reasonable efforts to verify the provenance of such products but we cannot guarantee the authenticity or quality of the liquid in the bottle. Older products may age and mature in different ways which may not be to all tastes, and some products may deteriorate in quality. Opinions as to authenticity and provenance will vary and in many cases, even following scientific testing and detailed research, it is not possible to establish the authenticity or provenance of a given product definitively.
7.4 We regret that given the nature of the wines we sell we do not provide refunds for corked wines.
7.5 Ditton Wine & Spirits is a specialist retailer of wine, champagne, whisky and other products that sometimes have been in circulation for years, and in some cases, decades. In those cases, you should expect to see imperfections (marks on bottles, minor tears to labels, marks on boxes, dents in tubes and other minor imperfections) on items purchased from this site. Where you have purchased products from us then you accept that these products may be subject to defects, imperfections, shortages, damage and normal wear and tear. You accept that products will be in the condition to be expected having regard to their age, provenance and nature or where we have notified you of any such condition or defect.
7.6 We can provide high-resolution images of most of our products. If in doubt, please contact us before your purchase to satisfy yourself as to the condition of your order.
7.7 We may provide provenance information to you which has been given to us by our supplier however we are not able to research, test or verify this information. We cannot and do not warrant any such statements.
7.8 We do not accept liability for minor or inconsequential defects or imperfections.
7.9 You accept that given the nature of the products we sell these terms are reasonable in all the circumstances.
8 Liability
8.1 Our liability in any circumstances under or in connection with any sale of products, including wines sold En Primeur, will be limited to the purchase price paid by you for the products. Our liability will also be limited as set out in clause 7 Warranty and Quality Control above.
8.2 We will not be liable for any indirect or consequential losses or damages including lost bargain, lost profit, lost reputation, loss of anticipated savings.
8.3 We will not be liable to you or to any other party following the onward sale of products by you.
8.4 Our liability for death or personal injury arising due to our negligence is not limited.
9 Errors and Omissions
9.1 While we have employed fail-safe measures, errors may occur (whether a technical error, a participant inputting a price incorrectly or otherwise).
9.2 If there is an obvious error in the price of products sold or purchased, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling the order. If we are unable to contact you, you agree that we may treat the order as cancelled without any liability to Ditton Wine & Spirits.
10 Cancellation and Returns
10.1 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
10.2 Please note that the only way to cancel an order is by emailing us on info@dittonwineandspirits.com
10.3 Once you have notified us of your cancelling the order, you have a further 14 days to return the items to us. To return your product, you should first notify us by phone or email to receive instructions about the return destination.
10.4 You must use a reputable and traceable service. If you are returning goods that are not faulty we will refund the original delivery charge but we are under no obligation to cover your return postage costs and applicable taxes will be charged back to the you
10.5 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item(s). We will also notify you of the approval or rejection of your refund.
10.6 For your full refund to be approved we must receive the goods in good condition within the time frame specified above. Deductions can be made (potentially to zero) where goods have been returned to us in an unsatisfactory or unsaleable condition. This includes items which have been damaged in transit.
10.7 Defective or damaged items will be exchanged if there is a suitable replacement available. Please contact us immediately if you receive faulty or damaged goods. Many of our items are irreplaceable in the short term and therefore we will work with you to find an acceptable solution in those cases.
10.8 En Primeur wines can only be cancelled within 7 days of placing the order. A full refund of the purchase price of the wines will be given on receipt of formal notification in writing of the cancellation of the order. Due to the unique nature of en primeur sales, we regret that orders cannot be cancelled after this time.
TERMS & CONDITIONS OF STORAGE
These Terms & Conditions are only applicable to those who have stored with us before June 28 2023.
These terms and conditions apply to any storage or similar services provided by us, Ditton Wine Traders Ltd (“we” or “us”) to you, the Customer (“you”). We will not be bound by any other terms and conditions which you may supply or seek to impose on us.
1 Instructions
1.1 Instructions shall not be binding on us until any and all duty and VAT payable in respect of the release of the goods from storage has been paid to and received by us.
1.2 Once received, your instructions shall continue in full force and effect until cancelled or amended by you.
2 Placing your wines and whiskies into storage
2.1 We can only accept goods on your behalf where an instruction has been received and the goods are accompanied by valid, appropriate delivery documentation, failing which we are entitled to return the goods to you.
2.2 Unless we have agreed to arrange for collection, or we have sold the goods to you and are placing the goods immediately into storage, you will be responsible for sending the goods to us. You will also be responsible for ensuring the goods in transit unless we agree to collect them. We reserve the right to apply a receiving charge to receive and/or collect goods for storage from you.
2.3 Please note that we will not inspect goods when sent to us for storage. We will not take any steps to verify the authenticity, provenance, quality or condition of the goods when placing them in our storage facility.
2.4 If you have purchased the goods from us and we have agreed to store them on your behalf then we will arrange for them to be delivered to and placed in our storage facility.
3 Ownership and insurance
3.1 You warrant that you are the lawful owner of the goods.
3.2 Your goods will be held by our nominated warehouse keeper under our exclusive instructions and held in a sub-account in your own name, for the purposes of identifying it as your property. Title of the goods in your account remains with you subject always to our rights under clause 6 below.
3.3 We agree to arrange for the goods held on your behalf to be insured at the lower of replacement or purchase price plus 10%. Please note that the insurance will be provided by a third-party insurer and will be subject to various exclusions and limitations. We will supply a copy of these exclusions and limitations to you on request. You agree that we will not be liable for the replacement cost of any goods where any loss or damage is for any reason not covered by our insurance. In particular, the insurance will not cover the following types of loss:
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- Depreciation;
- Damage arising from inherent defects in the goods, wear and tear, gradual deterioration, the action of light, atmospheric or climatic conditions;
- Losses arising from a defect in your title to the goods or any previous or future owner;
- Any damage which amounts to lost profit or indirect and consequential losses;
- Damage caused by your willful misconduct, dishonesty or deliberate act or omission
- Damage arising from radioactivity, terrorism, aircraft pressure waves, war and civil commotion, strikes, riots and commotion and similar risks.
4 How we store wine and spirits
4.1 You agree that our storage facility is owned and operated by a third party: London City Bond in their Dinton Woods Storage Facility, Catherine Ford Road, Dinton, Salisbury SP3 5HB.
4.2 You agree that the storage conditions relating to temperature and humidity are appropriate given the nature of the goods being stored.
5 Removing your wine and spirits from storage
5.1 You can collect any goods we are holding in storage for you by giving us at least 72 hours prior written notice.
5.2 All fees and charges owed to us must be settled in full before you will be permitted to remove your goods from storage. Where your goods are held in-bond you may be required to pay duty and VAT on the goods in order to remove them from the facility.
5.3 We may agree, as your agent, to arrange for delivery of the goods to you, in which case you will be responsible for all delivery costs.
5.4 We will use all reasonable endeavours to fulfil your delivery or collection instructions. However, we cannot accept liability for collection or deliveries.
5.5 We reserve the right to charge for re-deliveries necessitated by your absence on the agreed delivery date.
5.6 It is a criminal offence to deliver alcohol to an individual under the age of 18. Ditton Wine Traders reserve the right to not deliver goods where it believes the receiving person is under the age of 18.
5.7 You are responsible for verifying that the goods delivered are consistent with your instructions and you will notify us of any errors, discrepancies, inconsistencies or deficiencies within 7 days of receipt.
6 Fees, charges and payment terms
6.1 Our fees and charges of storage are listed on this website.
6.2 We invoice on an annual basis after the year has finished. Invoices are due, without deduction, set-off or counterclaim within 30 days from the date of invoice.
6.3 All rates and charges will be subject to an annual review. You will be notified of any changes prior to the commencement of the billing year.
6.4 Your storage charges will commence on the date we have agreed to store your goods, or if we have agreed on a complementary fee-free period, the date this period expires.
6.5 You agree to cover the cost of any unpaid storage before removing any goods from storage. If we have not yet invoiced for a period of unpaid storage then we reserve the right to issue an invoice when you ask to remove the goods from storage and this invoice will be immediately due for payment. We reserve the right to refuse the release of your goods pending receipt of cleared funds.
6.6 In the event that you owe us any amount (from storage or purchase or otherwise) then you agree that we will have the right to dispose of the goods we are holding on your behalf in order to settle the amount you owe to us.
6.7 We will be entitled to charge interest on any sums owing to us at the rate of 4% above the base rate of the Bank of England.
7 Default
7.1 In the event that you owe us any amount (from storage or purchase or otherwise) then you agree that we will have the right to purchase any of your goods which are held by us, at a price governed by these terms in satisfaction of your liabilities. We will then be free to sell or otherwise deal with the goods.
7.2 In order to exercise our right to purchase the goods we hold for you to satisfy your liabilities to us we will send written notice to your last known invoice address of our intention to purchase. Seven days after sending such notice we will be entitled to take ownership and possession and (at our discretion) dispose of some or all of your goods which are held by us.
7.3 Upon purchasing the goods, we will credit you with 80% of the market value of the relevant goods (the “credit amount”). Market value will be assessed based on our list prices or by making reasonable inquiries and will be assessed on the date which falls seven days after the notice referred to in clause 7.2 is sent by us.
7.4 We will set the credit amount off against any sums you owe to us (including any interest owed). If the credit amount exceeds the sums you owe to us we will account to you upon request for any excess but we will not be obliged to pay interest on such excess. After we have credited you with the credit amount, we will hold title to the relevant goods and we will be free to dispose of them at our discretion and we will not be required to account to you for any further sums received by us for those goods.
7.5 Our right to purchase goods we hold for you to satisfy your liabilities does not affect any other remedies we may have.
7.7 You agree that given that the credit amount represents the typical price we would pay for the relevant goods, and given the existence of fluctuating demand and prices for goods the above terms are reasonable.
7.8 After we have purchased goods in accordance with this clause you will remain liable for any amount that remains outstanding and interest will continue to accrue at the rate of 4% above the base rate of the Bank of England applicable for the given period.
8 Claims and Liability
8.1 Our liability in connection with these terms and conditions is limited to:
8.2 In the case of loss or damage to the goods the lower of market value and replacement cost; and
8.3 In any other case an amount equal to the total fees and charges paid by you for storage in the previous 24 months.
8.4 This does not include or limit in any way our liability to the extent that it may not be excluded or limited as a matter of law.
8.5 Where you have failed to notify us of any shortage, discrepancy, inconsistency or deficiency in accordance with clause 4.9, we will not be responsible for any shortage, discrepancy, inconsistency or deficiency brought to our attention at a later date.
8.6 We agree to hold and store the goods only and, for the avoidance of doubt, we will not be liable for any maturing, ageing, decomposition or deterioration of the goods unless such damage arises directly as a result of our breach of clause 3.
8.7 We are not liable for any indirect or consequential loss or damage or for any loss of data, profit, anticipated savings, reputation, bargain, opportunity, revenue or business however caused, even if foreseeable.
8.8 We will not be liable for any failure to perform our duties under or in connection with this agreement for any reasons which are beyond our reasonable control. This may include any failure on the part of our designated keeper or facility which is outside of our control, as well as strikes, lockouts or other industrial action; a civil commotion, riot, invasion, war, threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disasters.
8.9 You agree to indemnify and hold harmless Ditton Wine Traders Ltd against all damages, actions, claims, losses, costs (including all legal costs), taxes and expense that are suffered or incurred by Ditton Wine Traders Ltd whether or not foreseeable or avoidable, which arise directly or indirectly from:
8.9.1 any breach or alleged breach by the Customer of these Terms and Conditions, or
8.9.2 fraudulent activities of, or misuse by the Customer, their employees, representatives or agents or persons and or parties passing themselves off as the Customer, their employees representatives or agents; or
8.9.3 incomplete, incorrect or inaccurate Instructions supplied by the Customer; or
8.9.4 the Customer’s failure to pay any duty and VAT.
8.10 We will not be in breach of these terms and conditions in the event of failure to make the website available due to circumstances beyond our control.