Terms & Conditions

  • Terms & Conditions applicable to all Products and Services (Clauses 1-9)
    1. Interpretation
      1. In these terms and conditions, the following terms will have the indicated meaning:
        1. “Account” means the account with L&W opened in the name of the Customer who will be responsible for all payments under this Agreement and to whom L&W has primary obligations;
        2. “Cellarage” means the product storage services provided by L&W to Customers;
        3. “Customer” or “you” means the person or entity listed on the Account;
        4. “Customer Reserve” or “Reserve” means products stored by a Customer, or by L&W on behalf of the Customer, at Vinothèque or any other facility recognised by L&W from time to time and in terms of the Cellarage terms and conditions;
        5. “En Primeur” is a French wine trade term and refers to wine which is sold as a “future”, that is prior to being bottled and for delivery at a future date. En Primeur wines are usually offered, and shipped, one or two years after the vintage and special terms and conditions are applicable to these wines;
        6. “In Bond” means Products held in a bonded warehouse and in respect of which duty and VAT have not been paid;
        7. “L&W” or “us” means Lay & Wheeler Ltd, Registration Number 5730318, with business address at Holton Park, Holton St Mary, Suffolk, CO7 6NN;
        8. “Majestic” means Majestic Wine Warehouses Limited;
        9. “Net Proceeds” means the sale price of a wine sold through our Broking Services less L&W’s fees, as listed on our services price list from time to time;
        10. “Products” means all wine, spirits and fortified wine supplied by L&W under these terms and conditions and will include glassware, tickets and gift vouchers as well as products sold En Primeur;
        11. “Services” means all services provided by L&W under these terms and conditions, which include delivery and storage;
        12. “VAT” means value added tax; and
        13. “Vinothèque” means the bonded storage facility, Derby Road, Burton on Trent, DE14 1RY or any other facility designated by L&W from time to time.
      2. Except as otherwise stated in these terms and conditions or required by their context, the singular will include the plural and references to gender will include them all.
      3. References to the Customer / you will include any legal or natural person and include unincorporated groups of persons.
      4. Headings are for ease of reference only.
    2. Basis of Contract
      1. Title / Account Usage
        1. Where the Customer authorises a third party to utilise his / her account, such Customer will remain responsible for all purchases on his / her account made by the authorised person until such authorisation is cancelled. Authorisation and cancellation thereof must be provided by completing Appendix C hereof.
        2. Where Products are held by a Customer, title to such Products will be deemed to be held by the account holder and any authorised third party will have no right or title to any such Products.
        3. Where two or more persons hold a joint account, they will each be jointly and severally liable in respect of all orders placed on such account until such time as the joint account is closed or replaced by an individual account. Closures and conversion to an individual account must be communicated to L&W in writing by all persons and such closure or conversion will only be implemented once the existing account is settled in full or authorisation to transfer the balance is received.
        4. Where Products / Reserves are held jointly by two or more persons, title to such Products / Reserves will only be passed upon receipt of proof thereof (e.g. letters of executorship, divorce order etc.).
      2. This agreement constitutes the terms and conditions upon which L&W is prepared to provide the Services and/or sell the Products to the Customer. The placing of any order for Products or Services by the Customer will be deemed to constitute an offer which includes these terms and conditions.
      3. Applicable Law – These terms and conditions will be subject to the laws of England and Wales and the English Courts will have exclusive jurisdiction.
      4. Dispute resolution (Complaints Process) – We will endeavour to resolve any disputes quickly and efficiently, and, in the event that an issue cannot be resolved by our staff, it will be escalated to our senior management. Where a matter cannot be resolved, nothing in these terms and conditions limits or excludes your statutory rights as a customer.
      5. Force Majeure – from time to time L&W may not be able to honour its obligations due to circumstances beyond its control. In these circumstances, we will not be liable for non-performance. Should these circumstances continue for an unreasonable period, your order will be cancelled and you will receive a refund.
      6. Restrictions on supply – L&W may not supply alcohol to any person under the age of 18 in the UK. By placing an order, you confirm that you are 18 years or older. Please note that all attendees at L&W ticketed events must also be 18 or older. We reserve the right to refuse entry to any person unable to produce photographic identification with proof of age.
      7. Allergens – Information is available on request. Please contact us on [email protected].
      8. Privacy
        1. Please read our privacy policy which is available on our website. Privacy Policy.
        2. If you register for some of our Services, we will collect information about you to enable us to provide this Service. You have a right to access all information that we hold about you and more information in this regard may be accessed via our website and the link provided above.
        3. In certain circumstances we may run a credit check on a Customer, which information will be kept confidential.
        4. When paying electronically we will verify the personal information provided by you against third party databases and such information may be disclosed to a registered Credit Reference Agency which may keep a record of such information. By accepting these terms and conditions you are also consenting to this verification process and the recording of such information as explained above. This process is to safeguard you and to ensure that your card is not being used without your consent.
        5. L&W reserves the right to amend these terms and conditions from time to time. Such amendments will be published on our website with a publication date. All transactions on or after the publication date will be undertaken in accordance with the latest version of the terms and conditions
    3. Quality and Availability
      1. This clause is only applicable to Products that were originally purchased through L&W and excludes broking stock unless it was originally purchased from L&W.
      2. If a product is corked or otherwise faulty we will, in the first instance, offer a replacement bottle. If we are unable to replace the bottle from our stocks, we will offer a credit to the original invoice value of the wine, subject to the return of the bottle of wine in question.
      3. In the event that the wine has been kept too long, for example past our recommended drinking windows, or stored by you inappropriately, we may not be able to offer the refund / replacement. For the purposes of determining whether the wine has been stored too long we would rely on the drinking window recommendation on our website. For purposes of determining storage conditions, the refund cannot be offered after three (3) months from date of delivery.
    4. Placing an Order and Cancellation
      1. You may place an order for Products and/ or Services with L&W by:
        1. Visiting the website and purchasing the wine directly online
        2. Calling our office or one of our wine advisors directly
        3. Emailing [email protected] or one of our wine advisors directly
      2. A Customer order is an offer to buy from L&W but there will be no contract between you and L&W unless and until your order has been accepted by us and an invoice raised and, in the case of Products, until such time as the ordered Products have been despatched to you. Until such time as the order has been accepted or the Products despatched to you or placed in your Customer Reserves, we may decline to supply the Products or Services to you without giving any reason. Once we accept your order or despatch the Products, a contract will be concluded between you and L&W on these terms and conditions.
      3. In the event that we are unable to accept your order, we will advise you accordingly and no charge will be levied. The reason for non-acceptance of an order may be due to the Products being out of stock, because the order does not fulfill the minimum requirements, there is an error in the description or pricing of the Products, we are unable to meet any deadline stipulated or there is an unacceptable credit reference.
      4. All Products are subject to availability. When selecting Products for inclusion in our price list / website we endeavour to ensure that they remain available throughout the life of the list; however, some items will inevitably go out of stock. In the event that we are unable to supply your ordered Product, L&W will attract no liability other than to refund to the Customer any charge in respect of the non-delivered Product.
      5. Ownership
        1. The Products will remain the property of L&W until the Customer has paid for same in full. Title to the Products will not pass to the Customer until we receive payment in full (in cash or cleared funds) for those Products and any other Products and services that we have supplied to you in respect of which payment has become due.
        2. The risk in the Products will become your responsibility from the time we deliver the Products to the address you provided or you/a carrier organised by you collect them from us.
      6. Cancellation
        1. Legal Entitlement
          1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 working days from the day you receive your Products or same are transferred into your Customer Reserves. Such notification must provide the order number and the date upon which you received the Products;
          2. Upon receipt of your written notification we will acknowledge receipt of your cancellation. You are required to return the Products to us, at your cost, alternatively we will arrange collection of the Products at your cost. Please note - a telephone call is not a valid cancellation.
          3. You will be required to return the Product, alternatively we may arrange to collect it. If the original packaging of a defective wine has been damaged or destroyed, you must ensure that the returned wine is adequately packed for collection by / shipment back to L&W.
          4. Subject to receipt of the returned wine, the purchase price thereof will be refunded within 14 days of receiving written notification of your intention to return it.
        2. Cancellation for Faulty or Defective Wine or for Breach of Contract
          1. You may cancel the contract with L&W if the Product is faulty or because of some breach of the contract by L&W which enables you to end the relationship.
          2. Where you wish to cancel your contract, please ensure that you notify us in writing as soon as the relevant grounds for cancellation come to your attention. This notice can be sent to the e-mail address [email protected] but may also be delivered to our address set out in clause 1 of these terms and conditions and should include the order number and the reason for the return.
          3. Where we receive such notice we reserve the right to try and resolve the dispute; however, failing such resolution and subject to valid grounds of cancellation, we will accept such cancellation.
          4. Where your contract / order has been validly cancelled we will refund you any payment received by L&W in relation to the cancelled order.
    5. Pricing
      1. Prices for all Products and Services are set out on our website. On occasion, vintages may vary from those shown in the price list or as displayed on website.
      2. Unless otherwise stated, prices listed for wines are quoted per bottle (75cl-bottle of wine) and per case (unmixed quantity of bottles which will be stated as this is subject to change depending on the producer, bottle size and the way in which it is ordered) and are offered subject to availability.
      3. All our prices are in Pounds Sterling, unless otherwise stated. All our “duty paid” prices include duty and VAT. All In Bond prices are exclusive of duty & VAT, which are payable by the Customer when the release of the wines from bond is requested. Our prices are subject to currency fluctuations and changes in duty and VAT.
      4. If any Product or Service is mistakenly under-priced, L&W will not be obliged to provide the Product or Service to you at the incorrect price, provided that we notify you before same is despatched to you, or within 7 working days of our acceptance of the order in instances where we are not despatching same to you. Alternatively, we may cancel your order, subject to providing you with a full refund of any payments made by you. You may agree to pay the correct price, in which instance we will proceed with the order.
      5. In the event that you are over-charged for a Product or Service, a full refund of the difference will be reimbursed to you.
      6. We reserve the right to change our prices and the current prices will be listed on our website, and published in our catalogues from time to time. Any pricing update on the website will supersede the previously published price and will replace any price listed in these terms and conditions. Where an end date is specified on any offer, it is intended as a guide only.
    6. Payments and Credit
      1. Payment may be made using debit or credit cards, cheques or interbank transfers.
      2. Payment will be taken in full at the time of ordering and cards will be debited in Pounds Sterling (GBP).
      3. Please allow seven (7) days for cheques to clear and note that no order will be processed until cleared funds are received.
      4. No payment will be complete until such time as payment has been received by L&W’s bank and any delay in the transfer of funds and / or credit card authorisation is the Customer’s responsibility.
      5. Any variation of our payment terms, if applicable, is set out in the clause dealing with the specific preference service (e.g. Cellar Circle Members) and will take precedence over this clause.
      6. Customers may register a payment card with L&W. After you grant permission, L&W will automatically charge your designated payment card when accepting your order. To register a payment card please go to www.laywheeler.com/login to access your account and securely save a card under "manage your credit cards".
      7. Credit Facilities
        1. Some Customers are offered credit facilities. This benefit is generally offered to our Cellar Circle Members and to Trade Customers only.
        2. Where credit facilities are extended to Trade Customers, invoices will stipulate payment dates, which ordinarily would be 30 days from date of invoice. If payment is not received by the due date, interest may be charged on the overdue amount at a rate set out in our website from time to time. In the event that L&W incurs any costs in recovering such debt, those costs will be for the Customer’s account (e.g. debt collection charges).
        3. When credit facilities are extended to Cellar Circle Members, Members will be expected to settle their balance with their monthly Cellar Circle payments or by settling an invoice if the credit limit is exceeded..
    7. Delivery and Collection
      1. Delivery
        1. Photographic identification may be required for collection of all orders.
        2. Delivery is undertaken by independent third party service providers. The Customer is deemed to have read, understood and accepted any third party service provider terms and conditions which are available at the time of selecting the delivery method.
        3. Products are delivered within seven (7) working days from the date of order within the mainland UK. No estimated time of delivery is provided for any consignment.
        4. Where the Customer elects to have Products delivered to a Majestic store:
          1. Delivery will be within 7 working days of the order being accepted;
          2. Upon receipt of your order, the Majestic store will contact you to notify you when the Products will be ready to collect;
          3. Products must be collected from the selected Majestic store within three weeks of notification;
          4. If Products remain uncollected, they may be returned to L&W / Vinothèque for storage with subsequent re-delivery to be arranged. A re-delivery cost will apply;
          5. Whilst Majestic will make every effort to have the Products ready for collection at the agreed time, please note that we will not be liable if Majestic fails to do so in part or in full due to circumstances beyond their or our control;
        5. L&W does not accept any responsibility for late or non-delivery of Products arising from incorrect delivery information being provided, nor for the inability of any third party carrier to effect delivery within the terms of the agreement.
        6. L&W reserves the right to charge for any re-delivery of orders that have not been completed due to incorrect address information being supplied by the Customer or where the Customer is not available or not present to take receipt of delivery where that is the chosen method of delivery / acceptance.
        7. Regardless of value, all deliveries beyond the UK mainland are subject to a surcharge and delivery charges will be provided on quotation.
        8. Delivery rates are set out on our Services Price List.
      2. Export Orders
        1. We are unable to deliver worldwide directly. We are however able to provide the contact details for experienced third party wine shippers although no liability or responsibility for subsequent services will attach to L&W. Export orders are subject to a minimum value of £100 (excluding delivery charges) per delivery address.
        2. Any orders liable for import charges in the destination country will be for the account of the Customer.
      3. Receipt of Goods
        1. Deliveries should be inspected at the time of acceptance to ensure that there are no breakages or shortages. In instances where there are breakages or shortages, same should be recorded on the delivery note. We regret we cannot accept claims for shortages or breakages not recorded in this way.
        2. L&W should be notified of any breakages or shortages within three (3) days of delivery. Please note that multi-case orders may be delivered in separate deliveries. If the balance of any order is not received within three (3) working days of the first delivery, please notify us.
        3. Neither L&W nor the third party delivery agent can accept any responsibility for any loss or damage to any Products in the event that you are not available at the delivery address at the time of delivery or where instructions are given to leave the order in a safe place.
        4. L&W will not be liable for consequential loss or damage in any respect.
      4. Collections
        1. L&W will assist in the collection of Products to be stored at our storage facility;
        2. The Customer is responsible for detailing exactly what should be collected using the form provided;
        3. Collection is undertaken by independent third party service providers, the terms and conditions of which the Customer is deemed to have understood and accepted and which are available at the time of selecting a collection.
        4. Only original, sealed cases will be insured by the third party collection partner; all other Products (single bottles, mixed cases, etc.) will not be insured and any insurance will be the responsibility of the Customer; and
        5. L&W accepts no responsibility for any loss or damage resulting from collections.
    8. In Bond Transfers
      1. Where L&W receive In Bond transfers of Products from third party warehouses into Vinothèque, such Products will be coded and logged into the Customer's account based on information received from the transferring warehouse and/or provided by the Customer. L&W are not liable if such information is incorrect. The responsibility to ensure that the correct information is provided to L&W is the sole responsibility of the Customer and the third party warehouse acting as the Customer’s agent, and L&W will not be liable if such information is incorrect.
      2. The customer will be notified by L&W of the details of the Products as entered into the account and the Customer will check that the names, vintages and quantities are correct and will provide any corrections to L&W within 7 working days of receiving the notification.
    9. Event Attendance and Gift Vouchers
      1. Attendance at events offered by L&W
        1. Places may be booked through our website, are only open to attendees who are 18 years of age, and older. Attendees may be asked to produce photographic identification with proof of age.
        2. Payment in full is required at the time of booking and email confirmation will be provided. Admission to the event may require presentation of proof of booking (e.g. email confirmation), though generally a guest list will be available at the door.
        3. In the event of cancellation by the Customer, a credit will only be given if L&W are notified at least twenty-eight (28) days before the event. Credits will only be given after this time if L&W is able to re-sell the ticket(s).
      2. Gift Vouchers
        1. Our gift cards have single-use 12-digit codes which are activated on purchase, and are then held on the account as credit once a user enters the details onto his/her account. No expiry date is applicable.
        2. Gift vouchers may be redeemed through the L&W website or by telephone.
        3. Gift vouchers may not be exchanged for cash or credit and cannot be used to discharge indebtedness on previous orders or accounts.
        4. Damaged or defaced gift vouchers cannot be redeemed or refunded.
  • Special conditions relating to En Primeur Wines (Clause 10)
    1. Special Conditions applicable to En Primeur Wines
      1. These special conditions supplement the basic terms and conditions and, where applicable supersede same, for wines sold as En Primeur.
      2. Upon order of wines offered En Primeur by the Customer, Customers will be invoiced and will have to pay either the opening price (an ‘in bond’ price which excludes duty and VAT but includes the cost of shipping to the UK) or they may pay the price including duty and VAT.
      3. Once the wine is in the UK, Customers can either pay the prevailing rate of duty, VAT and onward delivery to have the wines despatched. Alternatively, the wine can be cellared at L&W’s wine storage facility, Vinothèque, at an annual fee which is charged quarterly in arrears. On arrival, wines purchased En Primeur will be stored In Bond unless we receive written instructions to the contrary. (see Storage / Cellarage terms and conditions which will be applicable).
      4. L&W will use its best endeavours to offer wines in quantities for which it has placed confirmed orders. However, because En Primeur is offered initially as a “future” we cannot guarantee availability until it is delivered to the UK and offered to you for delivery. In the event that a wine is unavailable for reasons beyond our control our only liability to you is the initial payment which will be refunded in full.
      5. Cancellation of En Primeur orders – L&W will only accept the cancellation of an En Primeur order within fourteen (14) days from the date of invoice. Notice must be given in writing and will be effective upon receipt at L&W’s head office. Upon cancellation within the provisions of this clause, a full refund of the purchase price of the wine will be given to you. As the contract is for a future wine, cancellation cannot be accepted after the 14 days from invoice and the Customer will carry the risks associated with the purchase of a future good.
  • Special conditions relating to Cellarage / Private Reserve Terms and Conditions (Clause 11)
    1. Special Terms and Conditions applicable to Cellarage / Private Reserve
      1. These special conditions supplement the basic terms and conditions and, where applicable supersede same, for the provision of Cellarage Services.
      2. L&W offer a wine storage service in a secure, temperature-controlled, bonded warehouse at Vinothèque. Bottles are stored in their original packaging where possible. An inventory is kept against products stored on behalf of Customers at Vinothèque.
      3. Wines stored with L&W are subject to annual storage charges which are raised quarterly in arrears for wines physically in Customer Reserves. Current charge rates as set out in the current Services price list. Prices will be pro-rated in respect of entries and withdrawals during a period. Prices may be amended upon 30 calendar days’ notice.
      4. Charges for storage apply only to wines held in the United Kingdom either duty paid or In Bond. Wines purchased En Primeur will become subject to storage charges only upon arrival in L&W’s chosen bonded warehouse in the UK. Customers will be advised upon subsequent shipment and, on arrival, wines will be stored In Bond unless we receive written instructions to the contrary.
      5. There will be a minimum charge equal to one full case rate, in respect of storage under the equivalent of one 9-litre case (i.e. under twelve 750ml bottles of equivalent) total.
      6. Insurance: Insurance cover is provided as part of L&W’s Cellarage Service, is included in the storage charge, and is for the replacement value of the wine as estimated by L&W. In the unlikely event of breakage or loss whilst in L&W's care, a wine will normally be replaced with either the same wine (subject to availability) or a wine of similar quality up to the insured value. L&W accept no liability should replacement stock not be available at the estimated and insured value.
      7. Title: Wine purchased for Cellarage remains the property of L&W until all invoices and outstanding charges are settled. No wines will be released from a Customer’s storage account held with us until all outstanding charges are paid. Title is determined by reference to your Stock Certificate and, in the case of sealed cases, to the Stock Number marked on each case.
      8. Ullages/Condition Loss: While every effort is made to preserve the quality of the stored wine and L&W will take reasonable care in the storage of your wines, no liability will be accepted for deterioration which may occur by being cellared too long or through the natural processes to which all wines and their corks, however well cared for, are subject. Where a maturity date is provided (see clause 11.9 below) L&W will not accept any liability for the condition of the wine from six (6) months after the maturity date.
      9. Maturity and Valuations: L&W will provide advice on the maturity of wines and valuations on the website. Such valuations will be based on a regular review of prices for currently traded wines using the site Liv-ex. Any prices shown are for guidance only and L&W provides no guarantee, and accepts no liability, in relation thereto.
      10. Advice on purchase and resale: While L&W will recommend actions based on its understanding of individual Customers’ requirements and objectives, L&W is not recognised as a financial advisor and no undertakings with regard to investment performance of any wine will be given, or may be implied from any information provided by any employee of L&W. Furthermore, L&W cannot be held liable for unforeseen changes in the value of wines traded on the open market.
      11. In Bond transfers made within the Vinothèque facility will be undertaken free of charge. Such transfers from Vinothèque to another bonded warehouse within the London City Bond network will be subject to the charges set out in our services price list. Where transfers take place to a bonded warehouse outside the London City Bond network, pricing will be provided on quotation.
      12. Transfer of ownership requests may attract an administration fee as set out in our services price list from time to time.
      13. Products not purchased from L&W may be accepted into Customer’s Reserves and will attract an administration fee as set out in our services price list. L&W however reserves the right to reject wine in instances as when there is a question around the condition thereof, suspected fraud etc.
      14. In the event a case of wine is discovered to have woodworm, L&W will arrange for the case to be treated at the cost of the customer at the rate as set out in our services price list.
      15. Termination
        1. It is the Customer’s obligation to ensure that L&W are in receipt of their current address and delivery of any notification to the last recorded address will be deemed to be proper notification.
        2. L&W may terminate your Cellarage on one (1) months’ notice. You agree to collect your Reserves or to supply us with a delivery address (See Services price list for delivery costs) at least three (3) days before the expiry of the notice period, failing which L&W reserves the right to dispose of, by sale or otherwise, your Reserves.
        3. Any cellarage or other charges due will be calculated and are payable on closure of the account.
        4. In the event of non-payment of invoices / failure to instruct upon termination, L&W reserve the right to:
          1. sell part of or all of the Customer's paid Reserves and to deduct from the proceeds the outstanding charges, any costs incurred in the sale and a 12% broking fee; or
          2. take back and incorporate into L&W’s stock, some or all of the Customer’s Reserves and credit against the amount due, a sum which in the reasonable opinion of L&W is the current market value, less 3% administrative cost.
          3. otherwise dispose of the reserves; any costs will be for the Customer’s account (e.g. destruction fees).
      16. In the event of L&W exercising its rights in terms of this clause, L&W reserves the right to select the Customer’s Reserves to be disposed of.
      17. L&W may dispose of the Reserves by way of auction. A list fee will be charged as per our services price list. The listing price will be determined with reference to the Wine-Searcher / Liv-ex price on the listing day, alternatively in the absence of such price, the estimated market price, as determined in the sole discretion of L&W, will be used. L&W reserves the right to accept any reasonable bid for the Reserves and L&W will not be held liable for any market variation in the event that the Reserve are sold below the original value or price paid.
      18. All Reserves held in a Customer’s name will result in the said Customer being the L&W client and thus solely responsible for all payments and for providing all instructions. The Customer, by placing the Reserve into Cellarage is deemed to have entered into the agreement with L&W on these terms and conditions, and hereby indemnifies L&W against all and any liability, loss, expenses or costs arising from any claim whatsoever nature made by any third party claiming title to the Reserves, and incurred by L&W in exercising its right of sale or disposal or refusing to act on such third party’s instructions or otherwise.
      19. In the event of the exercise by L&W of its rights in terms of this clause, the Customer irrevocably authorises L&W in perpetuity, to act as his / her agent to sell the Reserves and agrees that ownership of the Reserve will transfer to L&W or to a purchaser, as the case may be. L&W will not be responsible or liable for any difference in the proceeds of sale or allocated value, had the wine been sold through a third party or valued by a third party.
      20. Monies owing to L&W will be deducted from the disposal proceeds / allocated value and the balance, free of interest, will be paid to the Customer provided L&W are in receipt of the Customer’s current contact details. Where we are not in receipt of current contact details we will hold the disposal proceeds for the customer's benefit for a period of twelve (12) months whereafter the customer will be deemed to have abandoned their property and any disposal proceeds will be forfeited to L&W.
      21. Where the proceeds of the sale / allocation value do not cover the amount due from the Customer, L&W reserves the right to recover the balance from the Customer.
  • Special conditions relating to Fine Wine Trading / Broking (Clause 12)
    1. Special Terms and Conditions applicable to Fine Wine Trading / Broking
      1. These special conditions supplement the basic terms and conditions and, where applicable supersede same, for the provision of broking and trading Services.
      2. L&W will seek third-party purchasers for your wine. You may either offer wines for sale online using our online service at www.laywheeler.com or by contacting one of our trading team on 01473 313 300 or [email protected], in which case all instructions must still be made and then confirmed in writing.
      3. By agreeing to these broking terms and conditions you are authorising and granting to L&W a six (6) month exclusivity period to offer the wine for general sale. If the wine fails to sell within the six (6) month period, we reserve the right to withdraw the wines from sale, and will notify you accordingly.
      4. Ownership and Transfer of Title
        1. L&W will act as your agent in the sale of any wine and same will be held, pending sale, in the Customer’s name, uniquely identified, with Vinothèque.
        2. Upon the completion of the sale, and receipt of cleared funds by L&W, title in the wines will be transferred to the Purchaser.
        3. In the event of a Customer deciding to withdraw the wines from sale, and notifying L&W in writing, they will be returned to the Customer, or transferred to another account at Vinothèque according to the Customer’s instructions.
        4. If the purchaser of wine(s) defaults on payment or cancels the purchase, then L&W will not be liable for any loss or damage suffered by the Customer. The Products will revert to the Customer’s ownership. L&W will notify you via e mail in the case of cancelled sales.
      5. When providing broking and trading Services in terms of this clause 12, L&W acts at all times as the agent for (and never as principal on behalf of) the Customer. As such the Customer warrants the provenance and condition of the Product as displayed by L&W and accepts all risks in and thereto. The Customer agrees to indemnify and hold harmless L&W and its directors, officers, agents, employees and representatives against any and all claims, demands, penalties, losses, liability or damage, including, without limitation, reasonable attorneys' fees and expenses asserted against, resulting from, or related to the provenance, condition or quality of the Product sold by the Customer through the broking and trading Services. By way of clarification, in the event that a Product is corked or otherwise faulty L&W will not be responsible. Any refund payable to a purchase by L&W in this instant, will be recoverable from the Customer upon demand. 
      6. Broking wines sold through the L&W facility are deemed to constitute a completed sale unless they are found to be in condition other than as represented as a condition of the sale and as per our requirements for the condition of wines (see clause 12.12 below).
      7. Wines that L&W offers 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.
      8. Wines must be free from any associated storage charges owed either to L&W or any third party.
      9. Until such a point in time that ownership rights are transferred the Customer will remain responsible for all storage and administrative charges incurred in respect of the relevant wine(s).
      10. Eligibility to sell wines
        1. Wines accepted for sale by L&W must have impeccable provenance and have been stored in optimum conditions. L&W may refuse to sell wines which, in the opinion of L&W or its agents, do not meet these requirements.
        2. In order to sell wines via L&W’s Fine Wine Trading Service you must be an existing Customer who has placed an order for wines with L&W or has wine stored with L&W.
        3. Wines must be booked into and physically present at Vinothèque at the time you offer wines to L&W. While En Primeur wines may be sold, you will not have a stock certificate, and thus you will not be able to list these wines using the online facility. You will need to call or email us so that we can assign them for you.
        4. Wines that are offered for sale must have been stored by L&W at Vinothèque, or another accredited bonded warehouse permanently since landing in the UK.
        5. L&W may accept to trade duty paid wines, subject to the terms as listed below and any other of our terms and conditions.
      11. Pricing and Payment
        1. L&W will provide a price range based on the current market price. This valuation will be used to suggest a selling price; however, the final offer price must be agreed with the Customer.
        2. L&W may list the same wine for sale at different prices, in accordance with different Customers’ instructions. If the same wine is listed at an identical price by two or more Customers, L&W will use its best endeavours to sell the wine that was listed first.
        3. Following the sale of your wine, payment will be made to the Customer after receipt of payment in full by L&W from the purchaser and deduction of L&W’s fee set out below. A credit note for the agreed purchase price will be raised on the Customer account.
        4. L&W will charge a fee as per the services price list and the payment to the Customer will be for the Net Proceeds agreed in the most recent Agreement for Sale.
        5. Payment to the Customer, by bank transfer will take place by the seventh working day of the month following the sale, provided that bank details have been provided, securely, online on the Customer’s account seven working days prior to expected payment.
      12. Condition of Wines
        1. All wines either purchased or offered for sale by L&W are deemed to be in a saleable condition. Should a wine be found to be in poor condition in the opinion of L&W or its agents (and its condition cannot be attributed to its storage by L&W), the transaction may be considered null and void at any point up until transfer of funds.
        2. L&W 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.
        3. Should a condition report be necessitated for any wine, in order to facilitate a sale, the Customer will be contacted and asked to cover all associated charges, unless written confirmation to the contrary has been issued by L&W.
        4. Condition reports
          1. Condition reports are mandatory for any duty paid wines to be offered and for wines over a certain age or price threshold as determined by L&W for sale by L&W other than wines purchased duty paid from L&W and stored continuously at Vinothèque following shipment to the UK.
            1. Condition reports involve the case(s) being located from storage, being opened in the studio and photographs being taken so that the condition of the case, labels, closures and neck levels can be viewed. Condition reports assist L&W when selling wines as a proof of condition to potential purchasers.
            2. Upon request to L&W condition reports are normally produced within 7 working days.
            3. Charges for condition reports, at a cost in our services price list, are non-refundable and will be charged immediately to the Customer’s account. These will become payable as per the normal account payment terms.
            4. 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.
            5. 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 L&W.
            6. In respect of wine offered for sale via our Trading Service the condition report will be made publicly available at www.laywheeler.com
            7. Condition reports are expertly produced by our partners 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 L&W reserve the right to offer fair compensation.
            8. 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.
            9. Over time the condition of the contents of the case may deteriorate as a result of the natural ageing process. As such:
              • L&W do not accept liability for a deterioration in the condition of the contents of the case (including liquid, labels, corks and capsules).
              • L&W will not accept any liability for any missing capsules, corks or labels upon receipt checking.
              • Condition reports provide a representation of the current condition of the wine and do not guarantee the future condition of the wine.
  • Special conditions relating to CELLAR CIRCLE (Clause 13)
    1. Special Terms and Conditions relating to CELLAR CIRCLE
      1. These special conditions supplement the basic terms and conditions and, where applicable supersede same, for membership of the Cellar Circle.
      2. Membership
        1. Cellar Circle is a way to build a wine portfolio with L&W and entitles members to certain special benefits.
        2. By applying for membership of Cellar Circle, Customers are deemed to have accepted L&W's standard and Cellarage terms and conditions.
        3. Membership can be activated, suspended or re-instated on written instruction from the Member (subject to terms relating to joining or membership promotions which may be suspended at the discretion of L&W and in accordance with Cellar Circle terms and conditions).
        4. L&W reserves the right to alter the terms of Cellar Circle Membership, or to terminate the scheme, at any time, subject to advising the Customer accordingly.
      3. Cancellation and Termination
        1. Members may cancel their membership by giving notice, in writing, to L&W subject to any outstanding account balances being settled in full.
        2. Upon cancellation, credit balances, net of any outstanding debt owed, can be transferred to the Member’s nominated bank account by L&W within 28 working days of instruction.
        3. All benefits associated with Cellar Circle membership will cease immediately upon permanent cancellation of the monthly subscription.
        4. L&W reserves the right to suspend or cancel Cellar Circle membership in respect of any member deemed not to be participating in the spirit of the scheme or to be abusing the benefits of membership.
      4. Suspension of Membership
        1. After the completion of 6 months of membership, monthly payments may be suspended for a period up to 3 months during which time all benefits associated with Cellar Circle will remain valid.
        2. No more than one suspension of 3 months may be taken in any 12-month period.
        3. Your direct debit for monthly subscription will be automatically re-instated at the end of 3 months (or a shorter period as agreed).
      5. Subscriptions
        1. Members will pay the monthly subscription by Direct Debit on or around the last working day of each month
        2. Members decide on their monthly subscription amount. The minimum monthly subscription is £100.
        3. There are no management fees. Members’ funds are devoted entirely to the purchase of wine and the payment of associated storage charges and applicable taxes.
        4. Members can choose to pay more into their account with additional one-off payments or to increase the monthly subscription at any time.
        5. Membership benefits apply from the date of one-off payment (and completion of the Direct Debit mandate for scheduled payments) or following the receipt of the first Direct Debit payment.
        6. Altering Subscription Amounts
          1. Members can amend their subscription at any time and revised benefits will apply.
      6. Benefits
        1. Applicable benefits are set out below:
          1. Free Delivery
            1. Members subscribing £100 or more per calendar month benefit from free delivery to any Majestic store or to a work / residential address in mainland UK on the standard delivery terms and conditions. Please visit www.majestic.co.uk to find your local store.
            2. A fair usage policy will apply to free case delivery – larger orders to store (in excess of 10 nine litre cases) may incur a delivery fee or alternative delivery arrangements may need to be agreed between the Member and L&W.
          2. Preferential Cellarage Rates
            1. Preferential Cellarage charges apply to all members.
            2. Further reduced Cellarage charges apply to members storing in excess of 100 9 litre cases with L&W.
            3. Please check our website for prevailing rates.
          3. Member's Wine Credit
            Following the Member’s first Direct Debit payment, L&W will add a notional spending facility to the member's account. This facility will be known as the Wine Credit and will allow members to purchase wines and Services to the value of the account balance including any Wine Credit. The following credits will be applicable:
            1. 3X the monthly subscription amount for members subscribing up to £300 per month
            2. 4X the monthly subscription amount for members subscribing £300 or more per month.
      7. Withdrawing Wine from Your Cellar
        Members may withdraw wine from storage at any time, via online instruction, subject to all costs relating to the wine having been paid in full, including taxes where appropriate, and any outstanding storage fees.
      8. Promotions
        L&W reserves the right to offer joining promotions from time to time. Such offers are exclusive to new members and will normally be offered subject to a minimum membership term.
        1. Member referrals: L&W may choose to offer a referral bonus to new members of Cellar Circle who are referred by existing members, under the following conditions:
          1. The referring member must be an existing subscribing Cellar Circle member
          2. The referred member must be a new customer, joining Cellar Circle for the first time, and not affiliated with the Majestic Wine plc group
          3. The referral bonus will be paid in the month following the first direct debit taken from the referred member’s new account
          4. The referral bonus will be remitted in the form of L&W credit, redeemable against the purchase of wine with L&W, and not available as cash to be withdrawn.
  • Special Conditions relating to Fine Wine Discovery Club (Clause 14)
    1. Special Terms and Conditions relating to Fine Wine Discovery Club
      1. These special conditions supplement the basic terms and conditions and, where applicable supersede same, for membership of the Fine Wine Discovery Club (“Discovery Club”).
      2. Benefits
        1. The Fine Wine Discovery Club helps you to discover world class wines at great value. By participating in the Discovery Club you will receive the minimum number of bottles of wine as linked to your subscription amount as set out in our services price list, once every second calendar month.
        2. All case are listed on the website inclusive of VAT; however, L&W reserves the right to increase the price to take into account any increases in the rates of duty and / or VAT announced by HMRC.
        3. L&W reserves the right to review the cost of case options in the light of prevailing wine prices and to implement revised minimum subscription levels.
        4. L&W will select the wines for inclusion in the Discovery Club offering, unless otherwise directed by the Customer.
        5. Products offered by L&W are listed on the website but may be withdrawn from offer without prior notice.
        6. If we are unable to fulfill your exact order, we reserve the right to substitute up to three (3) bottles with similar wines of at least the same value as the wine you ordered. If we need to substitute more than 3 bottles in any one order, we will put your order on hold and contact you for further instructions.
      3. Membership
        1. By applying for membership of Discovery Club, Customers are deemed to have accepted L&W's standard and Cellarage terms and conditions.
        2. Membership is only open to UK mainland residents.
        3. Membership can be activated, suspended or re-instated on written instruction from the Member (subject to terms relating to joining or membership promotions which may be suspended at the discretion of L&W and in accordance with Discovery Club terms and conditions).
        4. All benefits associated with Discovery Club membership will cease immediately upon permanent cancellation of the monthly subscription.
        5. L&W reserves the right to alter the terms of Discovery Club Membership, or to terminate the scheme, at any time, subject to advising the Customer accordingly.
      4. Cancellation and Termination
        1. Members may cancel their membership by giving notice, in writing, to L&W subject to any outstanding account balances being settled in full.
        2. Upon cancellation, credit balances, net of any debt owed, can be transferred to the Member’s nominated bank account by L&W within 28 working days of instruction.
        3. All benefits associated with Discovery Club membership will cease immediately upon permanent cancellation of the monthly subscription.
        4. L&W reserves the right to suspend or cancel Discovery Club membership in respect of any member deemed not to be participating in the spirit of the scheme or to be abusing the benefits of membership.
      5. Suspension of Membership
        1. Monthly payments may be suspended at any time and reinstated on instructions from the Member. Joining promotional benefits may be suspended.
      6. Subscriptions
        1. Members will be required to provide debit or credit card information to L&W and by so doing are deemed to have confirmed that they are either the card holder, or have the permission of the card holder for purposes of ordering wine.
        2. Subscriptions will be taken from the card which was used to make the first payment, unless otherwise specified, on or around the 15th of each month.
        3. Members decide on their monthly subscription amount. The minimum monthly subscription is £60. Members can choose to increase the monthly subscription at any time.
        4. There are no management fees. Members’ funds are devoted entirely to the purchase of wine and the payment of associated carriage charges and applicable taxes.
        5. In the event that the monthly subscription cannot be processed for whatever reason, L&W will attempt to auto-update the Customer’s card details, failing which the payment will automatically be deducted from any other card registered on your account. In the event that no payment can be processed L&W will contact you to update payment information. Once a new card has been registered this will become the default card for payments.
      7. Delivery
        1. Delivery will be in accordance with our standard terms and conditions.
      8. Joining Promotions
        1. L&W reserves the right to offer joining promotions from time to time. These offers are exclusive to new members and are normally offered subject to a minimum membership term and are limited to one per household.
        2. Any promotions, discounts or vouchers are single use only and not to be used in conjunction with any other promotion, discount or voucher unless otherwise stated.
        3. It is a condition of the “free bottle offer” that the bottles are delivered as part of a single consignment, i.e. to a single address together with the qualifying Club selections.
  • Appendix A - Product Prices

    All products are listed on the website and all pricing reflected on the website are current.

  • Appendix B – Service Charges
    1. Broking fees - 12% of the selling price of the wine
    2. Auction fees - 4% of the selling price of the wine
    3. Administration fees:
      1. Condition reports: £12 per case (per stock certificate number)
      2. Transferring wines into LCB Vinothèque, purchased elsewhere:
        1. Sealed original cases: no charge
        2. Mixed cases: £10 per case (up to 9 litres, or 12 x 75cl bottles); if the wines must be itemized and listed individually on your account, the charge is £20 per case and this includes a condition report
        3. Transfer of ownership: £5 per case
        4. Collection of wines: follows the same tariff as set out in 10.1 below
    4. Treating a case for woodworm - £30 per case incl. VAT
    5. Destroying a case of wine - £14 per case incl. VAT (if wine is held in bond, the prevailing VAT on purchase value and duty will not apply)
    6. Fine Wine Discovery Club membership starts at £60 per month
    7. Cellar Circle membership starts at £100 per month
    8. Storage Rates:
      Cellar Circle members £10.00 per case per year
      Direct Debit rate £10.63 per case per year
      Standard rate £13.84 per case per year
      • These charges are inclusive of UK VAT at 20%
      • A minimum charge applies for accounts with up to 12 x 75cl bottles or the equivalent by volume, at the appropriate rate above.
    9. Delivery Charges:
      1. The following VAT inclusive rates will apply:
        Cellar Circle Members 0-9 9-litre cases
        Collection from Majestic Store: Free
        Delivery to mainland UK residential or business address: Free
        For Highlands and Islands: £35*
        Non-Cellar Circle Members 0-9 9-litre cases
        Collection from Majestic Store: £10
        Delivery to mainland UK residential or business address: £15
        For Highlands and Islands: £35*
        • *(Highlands and Islands charges apply to the following UK postcode areas: AB, BT, DD, DG, HS, IM, IV, KA, KW, KY, PA, PH, PO30-42, TD, ZE)
        • Orders in excess of ten 9-litre cases are subject to quotation
      2. Deliveries outside the United Kingdom
        1. L&W are not able to make deliveries outside the UK, but may recommend a suitable third-party provider, however this will be at the Customer’s risk and no liability or responsibility for the service will attach to L&W.
      3. Collection from Vinothèque
        1. Such collection may be arranged for all Customers, subject to availability and to prior arrangement The account holder must be the person collecting the wine, and must provide suitable proof of identification at collection.
        2. Such orders will be available for collection for 28 days from the date of acceptance of your order, after which the order will be cancelled and your account refunded. L&W reserves the right to charge a cancellation fee of £10.
        3. Wines returned to a Customer’s Reserves will incur an administration fee of £10 per Product.
      4. In Bond Transfers
          0-9 9-litre cases 10+ 9-litre cases
        Within Vinothèque: Free Special Quotation
        From Vinothèque to another LCB bonded warehouse: £15 Special Quotation
        From Vinothèque to a bonded warehouse outside the LCB network: Quote + £15 admin fee
  • Appendix C - Authorisation to Use Account / Cancellation of Authorisation

    I _____________________________________________,

                                     (Full name)

    of __________________________________________________________________,

                                                                      (Address)

     hereby Consent to / Cancel my authorisation to/ Close my joint account with

     (delete applicable)

     

    _____________________________________________, being

                                                                       (Full name)

     

    granted unrestricted permission to use my L&W account for purposes of being able to buy, order and / or take delivery of any Product or Service available to me as set out in the L&W terms and conditions.

     

    FOR CANCELLATIONS ONLY – I hereby consent to any outstanding balance of the existing account / joint account being transferred to my individual account and acknowledge that same will be my sole and exclusive responsibility to settle.

     

    FOR AUTHORISATIONS ONLY - I further indemnify L&W against any claim arising from the use of my account in terms of this authority and agree not to withdraw such authorisation except in writing to L&W. Such withdrawal will only become effective upon acknowledgement of receipt by L&W.

     

     

    Signature: ___________________________      Date: ______________________

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

We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this.

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.

Anti Slavery & Human Trafficking Statement

To view our anti slavery & human trafficking policy, please click here.

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Last Updated 05/07/2019