Terms & Conditions

Standard Terms & Conditions

Force Majeure

The company will not be liable for failure to meet agreed obligations due to prevailing circumstances beyond its reasonable control.

Law

All contracts are governed by English law and jurisdiction.

Claims

Customers are requested to carefully check all goods at the time of delivery. The delivery or carrier's note should be signed noting any shortages or breakage. We regret we cannot accept claims for shortages or breakages not recorded in this way. In any case claims must be made to the Order Office within three days of delivery.

Lay & Wheeler takes considerable pride in the accuracy and diligence of its employees and agents, and will endeavour to satisfy customers' requirements wherever possible. So far as the law permits however the company shall not be liable for consequential loss or damage in any respect.

Title

The goods shall remain the Seller's property until the Buyer has paid all sums due from it to the Seller. Until that time the Buyer shall hold them as Bailee, store them in such a way that they can be identified as the Seller's property, and keep them separate from the Buyer's own property and the property of any other person.

Although the goods remain the Seller's property until paid for, they shall be at the Buyer's risk from time of delivery and the Buyer shall insure them against loss or damage accordingly, and in the event of such loss or damage shall hold the proceeds of such insurance on behalf of the Seller as trustee for the Seller. In accepting delivery of the goods the Buyer undertakes to indemnify the Seller against any losses and expenses incurred by the Seller, arising from the Buyer's breach, howsoever caused.

Right of Withdrawal

Customers have a seven day right of withdrawal from mail order contracts. Notice of cancellation must be given in writing and will be effective upon receipt at Lay & Wheeler's registered office. Please note that in the event of a cancelled order a charge may be levied to cover the cost of collecting goods.

Data Protection

Lay & Wheeler is a signatory to the Wine & Spirit Association Code of Practice on Distance Selling, including Data Protection. Information is held for the purpose of maintaining customer records, and Lay & Wheeler undertakes to discharge its duties under current legislation. Click here to view our privacy policy.

Ticket Sales

Payment in full is required at the time of booking. In the event of cancellation less than two weeks before an event, no credit will be given unless the seat can be resold. Any such credit is valid against a future booking, for a period of one year. A cancellation fee of £5 per ticket will be deducted from any credit.

Duty & VAT

All our duty paid prices include duty & VAT. All in bond/en primeur prices are exclusive of duty & VAT, which are payable by the buyer when they request release of said wines from bond. 

Prices

All prices are in pounds UK Sterling.

Delivery Charges & Policy

• Standard Delivery service ensures your wines reach you within 7 working days from the date of order.
• Single consignments over £200 in value are delivered FREE of charge within mainland UK.
• Orders of less than £200 in value are subject to a delivery charge of £9.95 inc VAT.

Withdrawal of wines from your portfolio

Delivery charges to UK mainland:

• 1-5 cases - £5 per case (minimum charge £15.00)
• 6+ cases - subject to special quotation.

Delivery Terms & Conditions

All orders regardless of value, for delivery beyond UK mainland, are subject to a surcharge. A quote will be supplied on request.

Separate charges apply for all orders from customer reserves.

It is not possible to provide an estimated time of delivery for any consignments.

Please note that the customer will be liable for the re-despatch cost of £15.95 on any consignment that has been returned to Lay & Wheeler undelivered. For example, an undelivered gift order where the recipient has been unable to take delivery.

Lay & Wheeler does not accept any responsibility for late or non-delivery of goods arising from incorrect delivery information being provided, nor for the inability of the carrier to effect delivery within the terms of the service contract.

If you are not home when our carrier attempts delivery, they will leave a card giving a contact number which you may use to re-arrange the delivery, however they will attempt a second time. Alternatively, collection from the depot can be arranged; the consignment will be held for a short time before being returned to Lay & Wheeler.

Lay & Wheeler has authorised our carriers to deliver only when a signature for receipt is obtainable. However, where specific instructions are given to leave the wine without a signature being obtained, or to leave the consignment at an address other than that of the customer, Lay & Wheeler cannot accept responsibility for loss or damage arising as a result of carrying out those instructions.

We regret that once an order has been processed, we are unable to change any delivery information.

Cellarage Terms & Conditions

Wines liable to cellarage charges

Cellarage charges, together with The Portfolio Service charge, will be made in accordance with the scale laid down in the current Lay & Wheeler List. For wines purchased ex-cellars (lying in producers' cellars), members will be advised upon subsequent shipment and, on arrival, wines will be cellared under bond unless we receive written instructions to the contrary. Charges for cellarage apply only to wines held in the United Kingdom either duty paid or under bond. Wines purchased en primeur will become subject to cellarage charges upon arrival in Lay & Wheeler’s chosen bonded warehouse in the UK. Insurance cover is a condition of cellarage with Lay & Wheeler and is provided for the replacement value. In the unlikely event of breakage or loss whilst in Lay & Wheeler's care, a wine will normally be replaced with either the same wine (subject to availability) or a wine of equal or greater quality.

Portfolio service

A compulsory Portfolio Service Charge of £35 (inclusive of VAT) will be charged to Members on an annual basis as part of our expert consultation service. Lay and Wheeler reserves the right to increase this fee on an annual basis. The Portfolio Service Charge will be payable on 31st March of each calendar year.

Title of goods

Wine purchased for cellarge, both in the UK and En Primeur, remains the property of Lay & Wheeler Ltd until all invoices and outstanding charges are settled. Subsequently title is determined by reference to the Annual Stock Certificate and, in the case of sealed cases, to the name and Stock Number marked on each case.

 

Ullages/Condition Loss

Whilst Lay & Wheeler will take every reasonable care in the storage of your wines, no liability will be accepted for deterioration which may occur through the natural processes to which all wines and their corks, however well cared for, are subject.

Non-payment

In the event of non-payment of invoices, the company reserves the right to sell part of or all of the customer's paid reserve and to deduct from the proceeds the outstanding charges

 

En Primeur

The Following Additional Terms & Conditions apply to subscribers to the En Primeur sales

“En Primeur” is a French wine trade term for wine which is sold as a “future”, i.e. prior to being bottled and for delivery at a future date. En Primeur wines are usually offered one or two years after the vintage. Customers pay the opening price (an in bond price which includes to cost of shipping to the UK). The wine is shipped in spring or autumn, two years later. Once the wine is in the UK, customers can either pay the prevailing rate of duty, VAT and onward delivery and have the wines delivered or the wine can be stored at our warehouse (Vinothèque) in Burton-upon-Trent for an annual storage/management fee.

Availability Lay & Wheeler undertakes to make its best endeavours to offer wines in quantities for which it has placed confirmed orders, however for any reason beyond its control any wines offered En Primeur fail to be supplied by the producer, where possible similar wines will be offered and alternatively we undertake to refund any payments with interest (at Fortis Bank base rate at the date of order) made in respect of orders placed for the wines.

Cancellation/Withdrawal Notwithstanding that the Consumer Protect Regulations (2000) have been deemed not to apply to En Primeur sales, Lay & Wheeler will accept the purchaser give notice of withdrawal from an en primeur or in bond purchase within seven days from the date of invoice. Notice must be given in writing and will be effect upon receipt at Lay & Wheeler’s head office.

Limited liability

Lay & Wheeler and its Agents will accept no liability for their actions beyond those stipulated under relevant sections of the Sale of Goods Acts and Distance Selling Regulations. Whilst Lay & Wheeler will take every reasonable care in the storage of your investment wines, no liability will be accepted for deterioration which may occur through the natural processes to which all wines and their corks, however well cared for, are subject.

The Portfolio Service

The Following Additional Terms & Conditions apply to subscribers to the Portfolio Service

Portfolio Service

Lay & Wheeler’s Customer Reserves provision will be available only to subscribers to the Portfolio Service. The fee for the Service will be charged on an annual basis in advance accordance with a published rate structure.

Cellarage charges

Wines cellared under the Portfolio Service are subject to annual storage charges. The invoices are raised quarterly for wines physically in reserve. The cellarage charge includes insurance at replacement value.

Market Prices

Lay & Wheeler undertakes to provide market information based on a quarterly review of prices for currently traded wines, provided by an independent European wine trading organisation. Information supplied reflects the anticipated traded price, before commission.

Advice on purchase and resale

Lay & Wheeler uses its best endeavours to recommend actions based on its understanding of individual customers’ requirements and objectives. Lay & Wheeler is not recognised as a financial advisor within the meaning of the Financial Services Act, and no undertakings with regard to investment performance of any wine may be given or implied by any employee of the Company. Furthermore, Lay & Wheeler cannot be held liable for unforeseen changes in value of wines traded on the open market.

Non-payment

In the event of non-payment of invoices, the company reserves the right to sell part of or all of the customer's paid reserve and to deduct from the proceeds the outstanding charges.

Portfolio Service Charge

A compulsory Portfolio Service Charge of £35 inclusive of VAT (2009 - £35) will be charged to Members on an annual basis as part of our expert consultation service. Lay & Wheeler reserves the right to increase this fee on an annual basis. The Portfolio Service Charge will be payable on 31st March of each calendar year.

Disclaimer

Whilst Lay & Wheeler make every effort to ensure that the information on this website is accurate and current, it does however, provide this website and its contents on an "as is" basis and it makes no (and expressly disclaim all) representations or warranties of any kind with respect to this website and its contents. Furthermore Lay & Wheeler takes no responsibility whatsoever for information that is incomplete, inaccurate or out-of-date.

Lay & Wheeler shall not be held liable to any individual or business for any damage or loss which may have occurred from the use of any matter contained on this website.

Lay & Wheeler assumes no responsibility whatsoever for any external links to the internet or other third party websites from its website. Once you follow these links you will leave this website and Lay & Wheeler cannot be held responsible, or liable, for the content of any other websites which you may visit from its site.

Protecting Minors

In the UK, it is against the law to sell or supply intoxicating substances to persons under 18 years of age. Lay & Wheeler takes this responsibility very seriously, and thus, when placing an order for the first time you must confirm that you are at least 18 years old.

Intellectual Property Rights

All copyright, database rights, trademarks and any other intellectual property rights in and to the content on this website, such as text, graphics, logos, banners, images, buttons, underlying source code and software, is the sole property of Lay & Wheeler, or the applicable licensor.

Any use (including copying, reproduction, duplication, transmission), or display of the content of this website, without the express written permission of Lay & Wheeler for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.

As an explicit exception, permission is hereby granted to electronically copy, and to print in hard copy, portions of this website for the sole purpose of placing an order with Lay & Wheeler or using this website as a shopping resource.

Privacy Statement

At Lay & Wheeler, we are committed to protecting your privacy and being transparent about the information we collect and how we use it. Please click on the links below for the full details of our privacy policy.

By providing your details to Lay & Wheeler you are accepting and consenting to the practices outlined in this Privacy Statement.

What personal information do you collect?

How do you use this information?

Is this information shared with third parties?

How secure is my information?

How can I amend my profile / opt out?

E&OE