- Expertise spanning over 170 years
- Closely forged relationships with our producers
- State of the art storage and logistics facilities
Terms & Conditions applicable to all Products and Services (Clauses 1-9)
Interpretation
In these terms and conditions, the following terms will have the indicated meaning:
“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;
“Cellarage” means the product storage services provided by L&W to Customers;
“Customer” or “you” means the person or entity listed on the Account;
“Customer Reserve” or “Reserve” means products stored by a Customer, or by L&W on behalf of the Customer, at L&W warehouse or any other facility recognised by L&W from time to time and in terms of the Cellarage terms and conditions;
“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;
“In Bond” means Products held in a bonded warehouse and in respect of which duty and VAT have not been paid;
“L&W” or “us” means Lay & Wheeler Ltd, Registration Number 5730318, with business address at Unit 6 Blackacre Road, Great Blakenham, Ipswich, IP6 0FL;
“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;
“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;
“Services” means all services provided by L&W under these terms and conditions, which include delivery and storage;
“VAT” means value added tax; and
“Our warehouse” means the bonded storage facility, Unit 6 Blackacre Road, Great Blakenham, Ipswich, IP6 0FL or any other facility designated by L&W from time to time.
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.
References to the Customer / you will include any legal or natural person and include unincorporated groups of persons.
Headings are for ease of reference only.
Basis of Contract
Title / Account Usage
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.
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.
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.
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.).
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.
Applicable Law – These terms and conditions will be subject to the laws of England and Wales and the English Courts will have exclusive jurisdiction.
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.
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.
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.
Allergens – Information is available on request. Please contact us on customercare@laywheeler.com.
Privacy
Please read our privacy policy which is available on our website. Privacy Policy.
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.
In certain circumstances we may run a credit check on a Customer, which information will be kept confidential.
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.
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
Quality and Availability
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.
If a product is corked or otherwise out-of-condition 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.
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.
Placing an Order and Cancellation
You may place an order for Products and/ or Services with L&W by:
Visiting the website and purchasing the wine directly online
Calling our office or one of our wine advisors directly
Emailing sales@laywheeler.com or one of our wine advisors directly
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.
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.
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.
Ownership
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.
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.
Cancellation
Legal Entitlement
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2015 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;
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.
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.
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.
Cancellation for Out-of-Condition or Defective Wine or for Breach of Contract
You may cancel the contract with L&W if the Product is out-of-condition or because of some breach of the contract by L&W which enables you to end the relationship.
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 customercare@laywheeler.com 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.
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.
Where your contract / order has been validly cancelled we will refund you any payment received by L&W in relation to the cancelled order.
Pricing
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.
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.
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.
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.
In the event that you are over-charged for a Product or Service, a full refund of the difference will be reimbursed to you.
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.
Payments and Credit
Payment may be made using debit or credit cards, or BACS transfers.
Payment will be taken in full at the time of ordering and cards will be debited in Pounds Sterling (GBP).
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.
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.
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".
Credit Facilities
Some Customers are offered credit facilities. This benefit is generally offered to our Cellar Circle Members and to Trade Customers only.
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).
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.
Late payment: If payment is not received by the requested due date, we may charge interest on the overdue amount at the yearly rate of 8% above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment (in cleared funds) of the overdue amount, whether before or after judgment. If demanded the Customer must pay us interest together with other debt collection charges incurred and the overdue amount.
Delivery and Collection
Delivery
Photographic identification may be required for collection of all orders.
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.
We aim to provide an estimated date and time of delivery for any consignment.
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.
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.
Regardless of value, all deliveries beyond the UK mainland are subject to a surcharge and delivery charges will be provided on quotation.
Delivery rates are set out on our Services Price List.
We reserve the right to remove wines from their original packaging and repack them for safe transport. We will endeavour to ensure the original packaging, where appropriate, is also delivered. Please get in touch prior to requesting delivery if you would like to make any special packaging arrangements.
Export Orders
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.
Any orders liable for import charges in the destination country will be for the account of the Customer.
Receipt of Goods
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, please notify Customer Care as soon as possible. We regret we cannot accept claims for shortages or breakages not recorded in this way.
L&W should be notified of any breakages or shortages immediately in writing.
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.
L&W will not be liable for consequential loss or damage in any respect.
Collections
L&W will assist in the collection of Products to be stored at our storage facility;
The Customer is responsible for detailing exactly what should be collected using the form provided;
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.
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
L&W accepts no responsibility for any loss or damage resulting from collections.
In Bond Transfers
Where L&W receive In Bond transfers of Products from third party warehouses into L&W warehouse, 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.
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.
Event Attendance and Gift Vouchers
Attendance at events offered by L&W
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.
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.
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).
Gift Vouchers
Our gift cards have single-use 14-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.
Gift vouchers may be redeemed through the L&W website or by emailing us.
Gift vouchers may not be exchanged for cash or credit and cannot be used to discharge indebtedness on previous orders or accounts.
Damaged or defaced gift vouchers cannot be redeemed or refunded.