i. The Company means Lay & Wheeler Limited.
ii. Vinothèque means Vinothèque bonded storage facility, Derby Road, Burton on Trent, DE14 1RY.
iii. Wine(s) means wines offered for sale by the Company as part of the Company’s fine wine trading service.
iv. Net Proceeds means the sale price of the Wine(s) less the Company’s fees, which is normally 12% of the sale price.
v. The Company reserves the right to withdraw your access to offer Wines online for reasons specified within these terms or if the Company withdraws the service for any reason.
vi. These terms apply to all Fine Wine Trading purchases/sales and are the basis for acceptance and inclusion on our trading list and website. These terms will apply unless specifically varied in writing.
1. Selling wines
i. In order to sell Wines via the Company’s Trading Service you must be an existing customer of the Company who has placed an order for wines with the Company or has wine stored with the Company.
ii. You may either offer wines for sale online using our online service at www.laywheeler.com or contact one of our trading team on 01473 313300 or [email protected] for more advice or if you would like us to list the wines for you.
2. Eligibility to sell wines
i. Wines must be booked into and physically present at Vinothèque at the time you offer wines to the Company.
ii. Wines that are offered for sale must have been stored by the Company at Vinothèque, or another accredited bonded warehouse permanently since landing in the UK.
iii. The Company may accept to trade Duty Paid wines subject to the terms in (6) below and any other terms and conditions of the Company.
i. Wines that the Company offer to trade or purchase must be free of any lien or encumbrance, must not currently be offered for sale by any third party, and must have been paid for in full. ii. Wines must be free from any associated storage charges owed either to the Company or any third party.
4. Acceptance and listing of wines
i. Upon issuing an Agreement of Sale the Company agrees to list wines, or offer wines for sale, for a period of six months after which the Company reserves the right to withdraw the wines from sale, and shall notify you accordingly.
ii. The Company shall make Wines available for sale on its website and publish wines on its list which it shall make available to clients of the Company from time to time.
iii. The Company may list the same wine for sale at different prices, in accordance with customers’ instructions. If the same wine is listed at an identical price by two or more customers the Company shall use its best endeavours to sell the wine that was listed first.
5. Transfer of ownership
i. The Company’s Fine Wine Trading team will normally trade your wines once a buyer has been confirmed by the Company and at this point all ownership rights will be transferred to the Company.
ii. Until such a point in time that ownership rights are transferred you will remain responsible for all storage and administrative charges incurred in respect of the relevant Wine(s).
iii. Cancellations – if the purchaser of Wine(s) defaults on payment or cancels the purchase then our purchase from you will be terminated and the Wine(s) revert to your ownership. The Company shall notify you via e mail in the case of cancelled sales.
6. Condition of wines
i. All wines either purchased or offered for sale by the Company are deemed to be in a saleable condition. Should a wine be found to be in poor condition in the opinion of the Company or its agents (and its condition cannot be attributed to its storage by the Company), the transaction may be considered null and void at any point up until transfer of funds.
ii. The Company has the right to refuse to trade wines which it considers are too old to be consumed/past their best. We may recommend an alternative means of trading such wines.
iii. Should a condition report be necessitated for any wine, in order to facilitate sale, you will be contacted and asked to cover all associated charges, unless written confirmation to the contrary has been issued by the Company.
iv. Condition reports (at the prevailing rate) are mandatory for any Duty Paid wines to be offered for sale by the Company other than wines purchased Duty Paid from the Company and stored continuously at Vinothèque following shipment to the UK.
7. Condition reports
Condition reports involve the case(s) being located from storage and photographs being taken so that the condition of the case, labels, closures and neck levels can be viewed. Condition reports assist the Company when selling wines as a proof of condition to potential purchasers.
Terms and conditions applicable to condition reports are set out below:
i. Upon request by the Company condition reports are normally produced within 7 working days.
ii. Charges for condition reports, at a cost of £9.95 per case including VAT, are non-refundable and will be charged immediately to your account. These will become payable as per your normal account payment terms.
iii. Condition reports include one high-resolution photo of the case and the individual bottles (including front labels). A brief description of the case is also included.
iv. Condition reports are associated with the Wine(s) and will be useable by subsequent owners of the Wine(s) should ownership change and the Wine(s) remain in the custody of the Company.
v. Should you opt to sell your wine via our trading service the condition report will be made publically available at www.laywheeler.com
vi. Condition reports are expertly produced by staff at Vinothèque. Great care is taken when opening the case and to reseal it back to its original condition. In the unlikely event that the case cannot be reconstructed Lay & Wheeler reserve the right to offer fair compensation.
vii. A condition report does not guarantee that the wine is free from any non-visible damage (such as cork taint) or guarantee the provenance or quality of the wine therein.
viii. Over time the condition of the contents of the case may deteriorate as a result of the natural ageing process. As such:
a. Lay & Wheeler do not accept liability for a deterioration in the condition of the contents of the case (including liquid, labels, corks and capsules).
b. Lay & Wheeler will not accept any liability for any missing capsules, corks or labels upon receipt checking.
c. Condition reports provide a representation of the current condition of the wine and do not guarantee the future condition of the wine.
i. Following the sale of your wine a credit note for the agreed purchase price will be raised on your account, which will be for the Net Proceeds agreed in the most recent Agreement for Sale.
ii. If you have requested a bank transfer for the goods purchased you will be paid on the last day of the month following the sale [for example, sales made on 15th September will be paid on 31st October].
iii. If a cheque is required an administration fee of £2.50 per cheque will be applied.