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Terms and Conditions

01 - What these terms cover

These are the terms and conditions on which we supply storage services to you. These terms and conditions become applicable on the day we give you your storage account number. We encourage you to read them before you open a storage account. The terms cover essential information such as what is covered in our scope of services, how to manage issues relating to your storage account and how either party may end the contract.

02 – information about us and how to contact us

We are Maritime & Mercantile International LLC (MMI), a company with limited liability incorporated in the Emirate of Dubai, United Arab Emirates, having its place of business at Emirates Holidays Building, Sheikh Zayed Road, PO Box 70 Dubai, UAE. Le Clos is a branch of MMI and as such both MMI and Le Clos shall be referred hereinafter to as “Le Clos, MMI or we”.

You can contact us by telephoning our customer service on +971 4 3040XXX or by email at MyWines@leclos.net. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address associated with your storage account. When we use the words “writing” or “written” in these terms, this includes emails.

03 – Le Clos’ obligations

 

1.1.         We will provide the services of arranging receipt, storage and dispatch of your wines.

1.2.         Our duty is to you only and not to any third-party. Any advice given is for you only.

1.3.         We undertake the responsibility to house your wines in a fit for purpose storage facility with minimal fluctuations in humidity and temperature, approved by the HMRC for storage under bond.

1.4.         We reserve the right to change the bonded warehouse provider with 30 days written notice to Customers.

 

CUSTOMERS’ OBLIGATIONS AND UNDERTAKINGS

2.1.         It is a condition of the contract, that you warrant and represent, that:

2.2.         You are either the owner of the Goods, or are authorised by the owner to accept these Conditions on the owner’s behalf;

2.3.         You will promptly on request fund and indemnify us for all duties, taxes and expenses paid or payable by us relating to your Goods; and

2.4.         information (including contact details) given by you is correct and complete and you will promptly inform us of changes.

2.5.         You will indemnify us against any loss or damage it suffers as a result of carrying out your instructions or which is related to any actual or prospective insolvency of you or breach of your obligations. You will pay all costs and expenses incurred in, and our reasonable charges for, dealing with such matters and their consequences. You will pay an extra charge equal to the amount of any fine or penalty paid or payable by us as a result of a breach by you of their obligations.

 

INSURANCE AND OUR LIABILITY

3.1          Insurance cover is provided as part of our Cellaring Service, is included in the storage charge, and is for the replacement value of the wine as estimated by us. In the unlikely event of breakage or loss whilst in our 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. We accept no liability should replacement stock not be available at the estimated and insured value.

3.2          Le Clos is not liable for Loss unless (and then only to the extent that) it is directly caused by negligence or wilful act or default of, or breach of duty by, us, its employees (performing their duties as employees) or sub-contractors or agents (performing their duties as sub-contractors or agents).

3.3          Le Clos not liable for any lost profit, income or savings, wasted expenditure, damages payable by you, or indirect or consequential loss; nor for loss or degradation of labels nor for the consequences of fragility or natural deterioration of the goods or their container or packaging.

3.4          Without prejudice to our rights to be paid free from deduction or set-off, any limitation of our liability shall be applied to any claim by you before it is asserted against money payable to us.

3.5          While every effort is made to preserve the quality of the stored wine and 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.

3.6          Where a recommended drinking date is provided we will not accept any liability for the condition of the wine with relation to that date.

3.7          We are not liable for any Loss arising from discrepancy between the contents of a container or package and their description where not sold by us.

 

CUSTOMER INSTRUCTIONS & RECEIVING GOODS

4.1          Le Clos may rely on any Instruction received in accordance with the most recent written authority received from you or given via the on-line facility provided by or on behalf of we using your password. We may for its own benefit (but are under no duty to) take further steps to satisfy ourselves as to the authenticity of an Instruction or the authority of the person giving it and may delay or decline implementation. You are responsible for the accuracy of all Instructions given to Le Clos. We may treat Instructions as continuing in full force and effect until cancelled or superseded in writing or by secure use of our website.

4.2          We may implement such security procedures as it considers appropriate. You are responsible to maintain the security of Instructions and shall ensure that Instructions are given by a secure method and that unauthorised access via our website is prevented. Customers are reminded that email is not a secure means of communication.

4.3          We may in our absolute discretion (but are under no duty to) refuse to act on any Instruction including, without limitation, where such Instructions are incomplete or ambiguous or not given in the form customarily used by you and / or which are not in writing. We may in our absolute discretion (but are under no duty to) refuse to implement a Customer’s Instruction for any reason and will attempt (unless we considers it inappropriate) but shall not be obliged to notify you of such a refusal.

4.4          To allow us to receive Goods into your account you must provide a full list of Goods including the following details for each item: vintage, format, cost, duty status and condition.

4.5          All details must be provided to us a minimum of 5 working days prior to landing.

4.6          The booking-in process may take up to 10 working days to complete and for Goods to show in your account.

 

CHANGE OF CUSTOMER

5.1          You may give written authorisation for the Goods, or any part thereof, to be transferred to the account of another party (New Customer), provided that such party is acceptable to us and the Bonded Warehouse. You must also notify us in writing before the effective date of the transfer that the New Customer agrees to be bound by these Conditions and will pay our charges for the period after the effective date of the transfer. You will pay the charges for the period until the later of the effective date of the transfer and the date of acceptance in writing by us of the New Customer as a customer. You will remain jointly and severally liable with the New Customer for charges incurred in respect of our services for the 12 month period after the later of those dates relating to those Goods thus transferred. The Goods remain subject to any lien which applies at the time of transfer.

5.2          You will incur an administration fee in respect of any transfer under 5.1 as set out in the List of Charges.

 

IN-BOND TRANSFER

6.1          Where we receive In-Bond transfers of Goods from third-party warehouses into the Bonded Warehouse, such Goods will be coded and logged into your account based on information received from either the transferring warehouse and/or you. The responsibility to ensure that the correct information is provided to us is the sole responsibility of you and the third-party warehouse acting as your agent, and we will not be liable if such information is incorrect.

6.2          You will be notified by us of the details of the Goods as entered into the account and you will check that the names, vintages and quantities are correct and will provide any corrections to we within 7 working days of receiving the notification.

6.3          In Bond transfers made within the Bonded Warehouse facility, from the Bonded Warehouse to another bonded warehouse will be subject to the charges set out in our List of Charges.

6.4          Transfer of ownership requests may attract an administration fee as set out in our List of Charges.

6.5          Goods not purchased from we may be accepted into your cellaring account and will attract an administration fee as set out in our List of Charges. We however reserve the right to reject wine in instances where we deems in our sole discretion there to be a question around the valuation or condition of the Goods, or part thereof, or suspected fraud.

 

DELIVERY

7.1          Delivery is undertaken by independent third-party service providers. You are 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.

7.2          Products are delivered within seven (7) working days from the date of order within mainland UK. Delivery rates are set out in the List of Charges.

7.3          For Shipping to addresses outside mainland UK we are able to provide the contact details for experienced third-party wine shippers. No liability or responsibility for subsequent services will attach to us. All deliveries beyond the UK mainland are subject to a surcharge and delivery charges will be provided on quotation. Any import charges in the destination country will be your responsibility.

7.4          We do not accept any liability for late or non-delivery of Goods arising from incorrect delivery information being provided.

7.5          We reserve the right to charge for any re-delivery of orders that have not been completed due to incorrect address information being supplied by you or where you are not available or not present to take receipt of delivery.

7.6          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, the same should be recorded on the delivery note. We cannot accept claims for shortages or breakages not recorded in this way.

7.7          We should be notified of any breakages or shortages within three (3) days of delivery.

7.8          Neither we nor the third-party delivery agent can accept any responsibility for any loss or damage to any Goods in the event that you or an authorised third party recipient of the Goods is not available at the delivery address at the time of delivery or where instructions are given to leave the Goods in a safe place.

7.9          We will not be liable for consequential loss or damage in any respect.

 

CHARGES, PAYMENTS AND LIEN

8.1          Charges are as notified by us and may be increased by 21 days prior notice being sent to you.

8.2          We may charge extra where it incurs extra costs due to requirements of you, the Bonded Warehouse or any competent authority.

 

8.3          Wines stored at the Bonded Warehouse are subject to annual storage charges which are calculated monthly. Charges are billed every 6 months in arrears. Current charge rates as set out in the current List of Charges. Prices will be pro-rated in respect of entries and withdrawals during a period. Prices may be amended upon 30 calendar days’ notice.

8.4          Wines purchased En Primeur will become subject to storage charges only upon arrival in the Bonded Warehouse. Customers will be advised upon subsequent shipment and, on arrival, wines will be stored In-Bond unless we receive written instructions to the contrary.

8.5          Charges shall be paid without deduction or set-off. Absence of a delivery note shall not justify a refusal by you to pay.

8.6          Interest may be charged on money overdue to Le Clos at the rate of 3% over EIBOR for any period during which it is overdue.

8.7          We have a general and particular Lien on the Goods (and any associated documentation or records) as security for payment of all sums claimed by us from you, or actually or prospectively payable to us, or relating to the Goods. Transfer of ownership of the Goods or change of customer does not affect the Lien on the Goods. Storage shall be charged for any goods detained under Lien or where we are required by a competent authority to retain them.

 

TERMINATION, REMOVAL AND DISPOSAL OF GOODS

9.1          In the event of non-payment of invoices / failure to instruct upon termination (as set out in condition 9.12 below), we reserve the right to:

  • sell part of or all of your Goods and to deduct from the proceeds the outstanding charges, any costs incurred in the sale and a 12% broking fee; or
  • take back and incorporate into our stock, some or all of your Goods and credit against any amounts due to us, a sum which in the reasonable opinion of Le Clos is the current market value, less 3% administrative cost; or
  • otherwise dispose of the Goods; any costs will be for your account (e.g. destruction fees).

9.2          In the event of Le Clos exercising its rights in terms of this condition, we reserves the right to select your Goods to be disposed of. In those circumstances we may dispose of the Goods at your risk and expense by a reasonable method in the circumstances. The net proceeds of sale or disposal shall be remitted to you after deduction of all expenses and all amounts claimed by us. We shall not be liable for any alleged failure to achieve a sufficient sale price for the Goods. These rights are without prejudice to our other rights and remedies against you. Unless otherwise agreed all invoices are due for payment on presentation to you.

9.3          All Goods held in a Customer’s name will result in the said Customer being our client and thus solely responsible for all payments and for providing all instructions. You, by placing the Goods into storage are deemed to have entered into the agreement with Le Clos on the basis of these  terms and conditions, and hereby indemnifies Le Clos against all and any liability, loss, expenses or costs arising from any claim whatsoever made by any third-party claiming title to the Goods, and incurred by Le Clos in exercising its right of sale or disposal or refusing to act on such third-party’s instructions or otherwise.

9.4          In the event of the exercise by Le Clos of its rights as set out in this condition, you irrevocably authorise us in perpetuity, to act as his / her agent to sell the Goods and agrees that ownership of the Goods will transfer to we or to a purchaser, as the case may be. We 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.

9.5          After monies owing to us have been deducted from the disposal proceeds or the value assigned to the Goods by us, the balance, free of interest, will be paid to you provided we are in receipt of your current contact details. Where we are not in receipt of current contact details we will hold the disposal proceeds for your benefit for a period of twelve (12) months where after you may be deemed to have abandoned their property and any disposal proceeds may be forfeited to us.

9.6          Where the proceeds of the sale or the value assigned to the Goods by Le Clos do not cover the amount due from you, we reserve the right to recover the balance from you.

9.7          The Goods shall be removed by you at the time agreed between the parties. We may at any time require the removal of the Goods within 28 days from the date of written notice to you.

9.8          You agree to collect your Goods or to supply us with a delivery address (see List of Charges for delivery and transfer costs) at least three (3) days before the expiry of the notice period, failing which we reserve the right to dispose of your Goods.

9.9          Any storage or other charges due will be calculated and are payable on termination of the account.

9.10        Notice or action by us under this condition shall not in itself terminate the contract between the parties unless we expressly state so.

9.11        It is your obligation to ensure that we are in receipt of you current address and delivery of any notification by us to your last recorded address will be deemed to be proper notification.

9.12        In the event of failure by you to provide instructions to us upon termination, we reserve the right to dispose of the Goods in accordance with clause 9.1 above.

9.13        The time periods in this Condition may be extended by Le Clos at its discretion.

9.14        You may terminate the storage agreement by giving 7 working days’ notice in writing to us by a clear statement (by e-mail). You may do so at any time providing that all your Goods are removed from your storage account, and all outstanding fees and charges have been paid in full.

 

FORCE MAJEURE

10.1        We shall be excused from its obligations while and to the extent that their performance is prevented or delayed by the act or omission of you or by storm, flood, fire, explosion, or civil disturbance; action by government or competent authority; breakdown or unavailability of communications, premises, equipment or labour; or other cause beyond reasonable control and for a further 28 days thereafter.

 

DATA PROTECTION, IDENTITY CHECKS AND CONFIDENTIALITY

11.1        We as data controller may hold and process data relating to or supplied by you for purposes appropriate for the performance of our obligations, the exercise of our rights under the contract with you, for business planning and marketing of its services by we and where appropriate to meet its legal obligations. We may share that data with other persons where appropriate for the provision of our services to you, and with government or competent authority where required. We will not sell your data to other persons without your consent.

11.2        Subject to 11.1, we and you shall each keep confidential information or data supplied by or on behalf of the other which is expressed to be confidential or which is of such a nature that it should clearly be regarded as confidential by a reasonable person.

11.3        You will keep private their password(s) and any authentication information and will not share it with anyone else.

11.4        If requested by us you will promptly provide appropriate evidence of identity and residential address, and details and/or evidence of the ownership and source of the Goods and/or of funds paid to us.

11.5        No data or content on our Website, other than your stock data, may be reproduced, republished, distributed, posted, sold, transferred, linked to or modified.

 

BONDED GOODS, ALCOHOL LICENSING AND LEGAL REQUIREMENTS – United Kingdom

12.1        All Instructions whether for bonded or duty paid Goods must conform to HM Revenue & Customs regulations.

12.2        Customers must not use their account or our services for commercial trading. Customers may only store alcohol for their personal consumption or personal investment purposes and if requested will sign a declaration to confirm this.

12.3        You shall comply in all respects with the Licensing Act 2003 (and any successor legislation and any regulations made under any relevant legislation) and with all other United Kingdom laws and regulations applicable to you.

12.4        You will not instruct us, the Bonded Warehouse or its subcontractors to deliver alcohol to a person under the age of 18 because it is a potential offence to do so. We reserve the right not to arrange delivery or release alcohol where it is not satisfied that the recipient is 18 or older.

12.5        Customers must provide us with an accurate purchase value of Goods in bond before they can be receipted into the account. This figure may be used by the Bonded Warehouse for VAT / duty purposes upon removal from bond. If an accurate value is not notified an average market value may be used which may result in a higher amount of VAT / duty being paid which will be non-refundable.

 

GENERAL

13.1        Each exclusion or limitation of liability in these Conditions exists separately and cumulatively.

13.2        Signature or acknowledgement by or on behalf of you confirm that you have taken responsibility for the consignment. You must check consignments received and notify us promptly of any discrepancy.

13.3        The Bonded Warehouse may open packaging to inspect Goods but has no duty to do so as it is not normal practice. The Bonded Warehouse has no duty to verify that the contents of any package match any description on it or on any documentation.

13.4        You must check that the information in any receipt or account notification received from us is correct and if it is not, to notify us promptly.

13.5        We have no duty regarding the availability, accuracy, completeness, currency or reliability of the content or data on our website or any online facility provided by or on behalf of us. Any figure provided by us for the value of any Goods is sourced externally (normally from Liv-ex and Wine Searcher), is for guidance only and does not bind us or you.

13.6        Notice is given if sent by email to the last notified address. The communication shall be deemed to have been received on the next working day.

 

GOVERNING LAW

14.1        Relations between we and you and any claims relating to the Goods shall be governed by English law and disputes dealt with by the English courts.

14.2        These Terms and any changes thereto shall be governed by the English Law. In the event of any difference or dispute that may arise between we and you related to the Terms or Services, both parties shall use their reasonable efforts to resolve such difference or dispute amicably. If such matter has not been resolved amicably within [30] days from date of written notice by either party to the other, such matter shall be referred to the competent court in London.

 

DEFINITIONS

15           Terms used in these Conditions have the following meanings:

15.1        “Account” means the account opened with we in you name responsible for payment of storage and other services as covered in this agreement.

15.2        “Customer” or “you” or “your” means the party requesting or receiving the services under the contract.

15.3        “Goods” means all wine, spirits and fortified wine (and including any associated documents) to which the contract relates or which are in the possession of the Bonded Warehouse.

15.4        “In-bond” means products held free of duty and VAT.

15.5        “Instruction” includes an instruction, order, commitment, notice, mandate or request.

15.6        “Lien” means the right to detain the Goods as security for amounts owing to or claimed by we or Bonded Warehouse “

15.7        List of Charges” is the fees and charges set out in Appendix 1.

15.8        “Loss” includes (without limitation) loss, theft, destruction, damage, unavailability, contamination, deterioration, delay, non-delivery/collection, mis-delivery, unauthorised delivery, non-compliance with instructions or obligations, incorrect advice or information, loss, misuse or corruption of data, breach of duty or contract; and any other event which would give rise to any liability of we.

 

YOUR RIGHT TO CANCEL

16.1        You have the right to cancel the contract within 14 days without giving any reason. The cancellation period expires 14 days from the day of entering into the contract, when you receive your account number. If however we have already started providing storage services you must pay up to the time you inform us of your wish to cancel.

16.2        To exercise the right to cancel, you must inform us in writing of your decision to cancel the contract by a clear statement (by e-mail). You may use the model cancellation form at the end of these terms, but it is not obligatory. You can meet the cancellation deadline by sending the notice of exercise of the right to cancel before the cancellation period has expired.

 

Effects of cancellation

16.3        If you cancel this contract in accordance with the applicable legislation, we will (subject to the provisions of this clause) reimburse to you all payments received from you under this contract. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement if possible, using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; we will not charge any fees for the reimbursement.

16.4        It will be your responsibility to arrange and pay for collection of the Goods from our warehouse within 5 working days from the date on which you give notice of cancellation. We have the right to charge you for storage of them until they are collected and not to release them until all sums claimed by we have been paid.

 

CANCELLATION FORM

If you wish to cancel the contract, please complete this form and email it to:

mywines@leclos.net

 

My customer account code is [please insert customer account code].

 

Please take this as notice of exercise of my right under the Consumer Contracts Regulations 2013 to cancel the contract for the supply of storage and /or transport services. I understand that it is my responsibility to arrange and pay for the prompt collection of my goods.

 

Please confirm receipt of this notice.

 

 

Signed:                                                                                

 

 

Dated:                                                                                

 

 

Print Name:                                                                  

 

 

Print address;                                                                   

 

04 – appendix 1: list of charges

 

STORAGE AND DELIVERY CHARGES – Vinothèque, London City Bond

 

Storage Charges

Cellaring charges for 2020-2022 are as follows:

  • £10.95 per case of 12 bottles (or 9 litre equivalent) per year.
  • £5.95 per case of six bottles (or 4.5 litre equivalent) per year.

A handling charge for receipt or release is billed at £2.50 per 9 litre case (12 x 75cl or equivalent) and £1.25 per 4.5 litre case (6x75cl or equivalent)

 

Delivery Charges

Our rates are per number of cases (9 litre or part thereof) for mainland UK, excluding highlands and islands.

1 case                   2 cases                 3-10 cases

£12.80                   £21                         £30

 

Please request a quotation for larger quantities or deliveries outside of mainland UK.

 

ADMINISTRATION CHARGES

 

In-Bond Transfer Charges

Within Vinothèque: free of charge for up to 5 cases.

Please ask for a quotation for amounts above 5 cases.

 

LCB warehouses:

1-20 cases:          £12

 

Please ask for a quotation for amounts above 20 cases.

 

Other bonded warehouses

£16 per case per case

 

Transfer of Ownership

£5 per case

 

Photography and condition reporting

Photos of a single bottle or case of wine, up to 12 bottles, is charged at £8.50 per photo.

 

Treatment of woodworm in wooden cases

£30 per case

 

SALES CHARGES

Sales Charges and commissions will be confirmed once this service is launched.

 

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