These terms and conditions ("Terms and Conditions") apply to and form part of every contract between Corney and Barrow Limited ("Corney & Barrow") and its customers ("Customer"). No terms and/or conditions which the Customer may seek to impose or which may be implied by trade, custom, practice or course of dealing shall apply or have effect.
1. DEFINITIONS
In these Terms and Conditions:
" Customer " means any Private Customer or Trade Customer as the case may be;
" Goods " means the products to be supplied by Corney & Barrow to the Customer;
" Private Customer " means a Customer who is not a Trade Customer;
" Reserves " means goods stored by or on behalf of Corney & Barrow in accordance with paragraph 7; and
" Trade Customer " means a Customer who purchases Goods with a view to resale in the ordinary course of its business and/or who Corney & Barrow notifies is classified as such.
2. PRICES AND PAYMENT TERMS
2.1 Corney & Barrow reserves the right to require payment for Goods at the time of order.
2.2 In cases where Corney & Barrow approves deferred payment terms then (unless Corney & Barrow agrees other payment terms):
(a) invoices to Private Customers must be paid within 30 days after the invoice date; and
(b) invoices to Trade Customers must be paid on or before the 21st day of the month following the month in which the invoice date falls.
2.3 All prices are quoted in pounds sterling. Any applicable VAT, duty and delivery charges will be added at the time of order or, in the case of Customer Reserves held in bond, when the relevant Reserves are delivered or collected.
2.4 For Customers outside the UK, payment must (unless made at the time of order) be received prior to shipment of the relevant Goods or within 30 days after the date of invoice, whichever is the earlier. Customers outside the UK who arrange their own delivery are responsible for the payment of any applicable VAT and duty (or their equivalent) in the country of delivery.
2.5 Payment can be made by major credit or debit card, cheque, direct debit or by direct electronic transfer (bank details available on request). Corney & Barrow may refuse to accept cash settlement of amounts due and will always refuse cash sums in excess of £5,000.
2.6 Any increase in freight charges, duty, tax and/or changes in rates of exchange following payment will be passed on to the Customer if shipping and/or clearance from bond have not occurred prior to such increases. Similarly, if duties are reduced before shipping and/or clearance from bond, any reductions will be credited to the Customer.
2.7 If any amount remains unpaid after the due date for payment, then Corney & Barrow reserves the right to do any or all of the following:
(a) charge interest at 2% per month on any amount remaining unpaid after the due date, calculated from the due date until the actual date of payment;
(b) review and/or remove retrospectively any special trading terms previously agreed in relation to the transaction(s) to which those overdue accounts relate (including discounts, in which case Corney & Barrow may re-invoice the Goods at their full price);
(c) require payment of all other unpaid amounts invoiced to the Customer (whether or not then due and payable); and/or
(d) suspend any future deliveries to the Customer.
2.8 Corney & Barrow reserves the right to charge an administration fee of not less than £15 for each cheque unpaid by the Customer's bank, including cheques which are returned marked "Please represent", and an administration fee of not less than £15 for each unpaid direct debit.
2.9 All payments to be made by the Customer shall be made in full, without any deduction, withholding, set-off or counterclaim.
2.10 In no circumstances will Corney & Barrow be obliged to proceed with a Customer's purchase of wine at an incorrect price, even if Corney & Barrow has accepted the Customer's order for wines displayed at the incorrect price and/or failed to inform the Customer of the error.
3. DELIVERY
3.1 Delivery within mainland UK is free of charge for orders with a value in excess of the prevailing minimum amount. All other deliveries, including those overseas, are charged at the prevailing rate plus VAT (where applicable).
3.2 Delivery within mainland UK will normally be made within 7 working days after acceptance by Corney & Barrow of the Customer's order. Delivery outside mainland UK will normally be made within 14 to 21 working days after acceptance by Corney & Barrow of the Customer's order.
3.3 Notwithstanding acceptance by Corney & Barrow of any order, all Goods are offered for sale subject to availability.
3.4 Delivery of recent vintages lying in stock outside the UK will be delayed until the Goods are shipped into the UK. Shipment into the UK in these circumstances will be made at the earliest suitable date. Delivery of broking stock will not take place until Corney & Barrow has taken possession of the relevant stock.
4. TITLE IN GOODS
4.1 Subject (in the case of Trade Customers) to paragraph 5:
(a) Goods purchased and held 'in bond' as Reserves shall remain the property of Corney & Barrow until Corney & Barrow has received payment in full (in cash or cleared funds) for those Goods (excluding VAT, duty and delivery charges); and
(b) Goods purchased and held 'duty paid' as Reserves, or not held as Reserves, shall remain the property of Corney & Barrow until Corney & Barrow has received payment in full (in cash or cleared funds) for those Goods (including any applicable VAT, duty and delivery charges).
4.2 In the case of Goods purchased 'en primeur', those Goods may be stored in bulk in the region of their production. Until the Goods are bottled and transferred to Corney & Barrow's bonded warehouse, they cannot be segregated and the Customer may have a contractual rather than a proprietary interest in them.
4.3 Risk of loss or damage to Goods shall pass to the Customer when the Goods are physically delivered to or collected by either the Customer or an agent acting on behalf of the Customer.
5. RETENTION OF TITLE - TRADE CUSTOMERS
5.1 Until such time as Corney & Barrow has received payment in full (in cash or cleared funds) for all Goods that Corney & Barrow has from time to time supplied to a Trade Customer (including any applicable VAT, duty and delivery charges), all such Goods supplied to that Trade Customer shall remain the property of Corney & Barrow.
5.2 Until ownership of Goods has passed to a Trade Customer, the Trade Customer shall (unless the Goods are held as Reserves or have been resold in accordance with paragraph 5.3):
(a) store the Goods separately from other goods of the Trade Customer and/or keep them in such a way (at no cost to Corney & Barrow) that they can be readily identified as being the property of Corney & Barrow;
(b) hold the Goods on a fiduciary basis as Corney & Barrow's bailee;
(c) not destroy, deface or obscure any identifying mark on or relating to the Goods; and
(d) maintain the Goods in satisfactory condition and keep them insured on behalf of Corney & Barrow for their full replacement value against all risks.
5.3 Until ownership of Goods has passed to a Trade Customer, Corney & Barrow grants the Trade Customer the right to resell the Goods in the ordinary course of business at full market value on the basis that the Trade Customer has no authority to enter into any contract of sale on Corney & Barrow's behalf, but does so as principal, and provided that the Trade Customer shall hold in trust and pay to Corney & Barrow on demand the proceeds of any such sale to the extent that any sums are owed by the Trade Customer to Corney & Barrow.
5.4 Without prejudice to any other remedy that Corney & Barrow may have, Corney & Barrow may, at any time, revoke the Trade Customer's power of sale under paragraph 5.3 by notice to the Trade Customer if the Trade Customer is in default in payment of any sum whatsoever due to Corney & Barrow, or if any cheque (or other negotiable instrument) drawn by the Trade Customer in favour of Corney & Barrow is dishonoured on presentation for payment, or if Corney & Barrow has bona fide doubt as to the solvency of the Trade Customer.
5.5 A Trade Customer's power of sale under paragraph 5.3 shall automatically cease if, in the case of a Trade Customer who is an individual, that Trade Customer has a bankruptcy order made against him/her or makes an arrangement or composition with his/her creditors, or otherwise takes the benefit of any statutory provision in force from time to time for the relief of insolvent debtors, or, in the case of a Trade Customer which is an entity, that Trade Customer is being wound-up or enters into a company voluntary arrangement (within the meaning of Part 1 Insolvency Act 1986) or is placed into administration, administrative receivership or voluntary liquidation or a receiver is appointed over any of its assets or the Trade Customer enters into any other insolvency proceedings governed by the provisions of the Insolvency Act 1986 and/or the Law of Property Act 1925 (in each case as consolidated, re-enacted, modified or replaced from time to time) or any analogous insolvency proceedings in any other applicable jurisdiction. A Trade Customer shall notify Corney & Barrow without delay if any of the events specified in this paragraph occurs.
5.6 Upon the revocation of the Trade Customer's power of sale under paragraph 5.4 or its automatic cessation under paragraph 5.5, all amounts payable in respect of all Goods supplied shall become due immediately whether or not such amounts are then due and payable.
5.7 Without prejudice to any other remedy that Corney & Barrow may have, Corney & Barrow may, at any time, revoke the Trade Customer's power of sale under paragraph 5.3 by notice to the Trade Customer if the Trade Customer is in default in payment of any sum whatsoever due to Corney & Barrow, or if any cheque (or other negotiable instrument) drawn by the Trade Customer in favour of Corney & Barrow is dishonoured on presentation for payment, or if Corney & Barrow has bona fide doubt as to the solvency of the Trade Customer.
5.8 Each Trade Customer grants Corney & Barrow, its agents and employees (with such transport as is necessary) an irrevocable licence at any time to enter any premises of the Trade Customer, or to which the Trade Customer has access, where Goods may be or are believed to be situated for the purpose of inspecting Goods to which Corney & Barrow has title or, where the Trade Customer's power of sale has been revoked or ceased, to recover any Goods to which Corney & Barrow has title. Corney & Barrow may dispose of the recovered Goods so as to discharge any sums owed by the Trade Customer to Corney & Barrow.
5.9 Corney & Barrow may maintain an action for the purchase price of the Goods notwithstanding that ownership of them has not passed to the Trade Customer.
6. RETURNS, BREAKAGES AND NON DELIVERY
6.1 If any wine purchased from Corney & Barrow fails, for any reason, to give satisfaction, Corney & Barrow will replace, or issue a credit for, that bottle of wine provided that the wine is returned to Corney & Barrow within one month after the earlier of (a) the invoice date for the wine and (b) the date of payment for the wine. Corney & Barrow is not obliged under this guarantee to deliver any replacement wine to an address outside the United Kingdom.
6.2 Customers who have purchased wine 'en primeur' have the right to change their mind in respect of, and be issued a credit for, that wine provided that they notify Corney & Barrow in writing within one month after the earlier of (a) the invoice date for the wine and (b) the date of payment for the wine (in each case, excluding VAT, duty and delivery charges).
6.3 Corney & Barrow offers a "sale or return" service for parties within its London van delivery area and within its Scotland van delivery area. Corney & Barrow will arrange for unopened cases to be returned to its warehouse following which a credit note will be raised. Corney & Barrow reserves the right to refuse to accept the return of Goods, or to credit the value of any returned Goods, which are not in a saleable condition.
6.4 Claims for breakages will only be allowed if the Customer notifies Corney & Barrow as soon as possible (and, in any event, within 7 days) after delivery. The Customer must retain breakages and accompanying packaging for examination by Corney & Barrow or its agent.
7. RESERVE STORAGE
7.1 Corney & Barrow offers storage facilities to its Customers for Goods purchased from Corney & Barrow or (in accordance with paragraph 7.5) for goods purchased from other sources.
7.2 Storage charges for Reserves shall be at the prevailing rate plus VAT (where applicable) per year (or part year) per case. Charges will be rendered annually in arrears or when the Reserves are delivered or collected and are to be paid by direct debit or as otherwise agreed with Corney & Barrow. For accounts opened after 1st June 2004, annual storage charges will be collected by direct debit as a condition of storage being provided. Corney & Barrow's storage rental year runs from 1st June to 31st May. A list of Reserves will be sent to the Customer annually in June with an invoice for storage for the year ending on the immediately preceding 31st May.
7.3 Reserves can only be made and withdrawn in multiples of one case.
7.4 Reserves will be insured by Corney & Barrow against all risks of physical loss or damage as at the date of such loss or damage subject to the policy terms or conditions. Although it is Corney & Barrow's intention to cover the present market value of any losses, in view of the difficulty in assessing the total market value and the market value of individual rarities, Corney & Barrow can only try to ensure that full compensation is recovered in cases of loss.
7.5 As an additional service, Corney & Barrow can offer storage for goods purchased from other sources. Corney & Barrow will rely solely on the accompanying documentation provided by the Customer and/or the designated warehouse from where the wine was delivered/collected, as being valid authentication of the description and quantity of the goods upon acceptance by Corney & Barrow. Corney & Barrow will not accept liability for either the provenance or condition of goods purchased from other sources or for any defect or other fault that these goods may have or may develop. For the avoidance of doubt, goods purchased from other sources shall, as between Corney & Barrow and the Customer and subject to Corney & Barrow's rights in paragraph 8, be the property of the Customer.
7.6 Corney & Barrow's records will distinguish the ownership of Reserves from the ownership of Corney & Barrow's own trading stock. Reserves will not be stored on the same pallets as Corney & Barrow's own trading stock.
7.7 Corney & Barrow may require any Customer instructions to deal with Reserves to be confirmed in writing before acting on those instructions.
8. LIEN
In the event of non-payment of accounts (including storage charges), Corney & Barrow reserves the right to exercise a lien over and/or to sell some or all of a Customer's Reserves and to deduct from the proceeds of sale any outstanding amounts.
9. LIMITATIONS OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit in any way Corney & Barrow's liability for death or personal injury or for fraudulent misrepresentation or for breach of its obligations under s12 Sale of Goods Act 1979 or s2 Supply of Goods and Services Act 1982 or s2(3) Consumer Protection Act 1987.
9.2 Corney & Barrow shall not be liable to the Customer for ullages or for any deterioration in the condition of any wine (which can occur naturally to all wines no matter how well cared for), whether that wine is in reserve storage with Corney & Barrow or stored separately by or on behalf of the Customer.
9.3 Corney & Barrow shall not be liable to the Customer for any claim (whether arising in or for contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) under or in connection with these Terms and Conditions for:
(a) any loss of profit, revenue, anticipated savings, business or contract; and
(b) any special, indirect or consequential loss.
9.4 Without prejudice to insurance coverage under paragraph 7.4 Corney & Barrow's total liability arising under these Terms and Conditions shall not in respect of any single claim exceed the order value including any VAT, duty and delivery charges of the order that gives rise to the claim.
10. WEBSITE SALES
10.1 Without prejudice to insurance coverage under paragraph 7.4 Corney & Barrow's total liability arising under these Terms and Conditions shall not in respect of any single claim exceed the order value including any VAT, duty and delivery charges of the order that gives rise to the claim.
11. GENERAL
11.1 In the UK, it is illegal to sell alcohol to anyone under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with Corney & Barrow, the Customer confirms that he or she is at least 18 years old (or otherwise above any applicable age limit). At the time of delivery of the Customer's order, Corney & Barrow or its agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, Corney & Barrow or its agent may refuse to deliver the order.
11.2 Corney & Barrow may amend these Terms and Conditions from time to time. None of Corney & Barrow's employees or agents has the right to bind Corney & Barrow to any verbal agreement which does not comply with these Terms and Conditions.
11.3 Corney & Barrow shall not be liable for any failure to meet its obligations caused by circumstances beyond its control.
11.4 No provision of these Terms and Conditions shall be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
11.5 No delay in exercising or non-exercise by Corney & Barrow of any right, power or remedy under or in connection with these Terms and Conditions shall impair that right, power or remedy or operate as a waiver or release of it.
11.6 Where Corney & Barrow operates a joint account in the names of two or more Customers, Corney & Barrow shall (unless expressly instructed to the contrary) be entitled to accept, rely upon and act upon instructions given by any one of the Customers named on that account.
11.7 If any provision, or any part of any provision, of these Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and the liability of Corney & Barrow and the Customer shall not be affected or impaired.
12. GOVERNING LAW
These Terms and Conditions and all contracts entered into are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
13. CONTACT DETAILS AND PREVAILING RATES FOR CHANGES
If you have any queries or comments in relation to these Terms and Conditions, or for details of the prevailing rates for charges referred to in these Terms and Conditions, you can either write to us at 1 Thomas More Street, London E1W 1YZ, email us at wine@corneyandbarrow.com or call us on +44 (0)20 7265 2400.
These terms and conditions ("Terms and Conditions") apply to and form part of every contract between Corney and Barrow Limited (Hong Kong Branch) ("Corney & Barrow") and its customers ("Customer"). No terms and/or conditions which the Customer may seek to impose may be implied by trade, custom, practice or course of dealing shall apply or have effect.
1. DEFINITIONS
In these Terms and Conditions:
" Customer " means any Private Customer or Trade Customer as the case may be;
" Goods " means the products or services to be supplied by Corney & Barrow to the Customer;
" Private Customer " means a Customer who is not a Trade Customer; and
" Reserves " means goods stored by or on behalf of Corney & Barrow in accordance with paragraph 7; and
" Trade Customer " means a Customer who purchases Goods with a view to resale in the ordinary course of its business and/or who Corney & Barrow notifies is classified as such.
2. PRICES AND PAYMENT TERMS
2.1 Corney & Barrow reserves the right to require payment for Goods at the time of order.
2.2 In cases where Corney & Barrow approves deferred payment terms then (unless Corney & Barrow agrees other payment terms):
(a) invoices to Private Customers must be paid within 30 days after the invoice date; and
(b) invoices to Trade Customers must be paid on or before the 21st day of the month following the month in which the invoice date falls.
2.3 All prices are quoted in Pounds Sterling or Hong Kong Dollars. Any applicable tax, duty and delivery charges will be added at the time of order or, in the case of Customer Reserves held in bond, when the relevant Reserves are delivered or collected.
2.4 For Customers outside Hong Kong, payment must (unless made at the time of order) be received prior to shipment of the relevant Goods or within 30 days after the date of invoice, whichever is the earlier. Customers outside Hong Kong who arrange their own delivery are responsible for the payment of any applicable tax and duty (or their equivalent) in the country of delivery.
2.5 Payment can be made by major credit or debit card, cheque, or by direct electronic transfer (bank details available on request). Corney & Barrow may refuse to accept cash settlement of amounts due and will always refuse cash sums in excess of HK$60,000.
2.6 Any increase in freight charges, duty, tax and/or changes in rates of exchange following payment will be passed on to the Customer if shipping and/or clearance from bond have not occurred prior to such increases. Similarly, if duties are reduced before shipping and/or clearance from bond, any reductions will be credited to the Customer.
2.7 If any amount remains unpaid after the due date for payment, then Corney & Barrow reserves the right to do any or all of the following:
(a) charge interest at 2% per month on any amount remaining unpaid after the due date, calculated from the due date until the actual date of payment;
(b) review and/or remove retrospectively any special trading terms previously agreed in relation to the transaction(s) to which those overdue accounts relate (including discounts, in which case Corney & Barrow may re-invoice the Goods at their full price);
(c) require payment of all other unpaid amounts invoiced to the Customer (whether or not then due and payable); and/or
(d) suspend any future deliveries to the Customer.
2.8 Corney & Barrow reserves the right to charge an administration fee of not less than HK$180.00 for each cheque unpaid by the Customer's bank, including but not limited to cheques which are returned marked "Please represent".
2.9 All payments to be made by the Customer shall be made in full, without any deduction, withholding, set-off or counterclaim.
2.10 In no circumstances will Corney & Barrow be obliged to proceed with a Customer's purchase of wine at an incorrect price even if Corney & Barrow has accepted the Customer's order for wines displayed at the incorrect price and/or failed to inform the Customer of the error.
3. DELIVERY
3.1 Delivery within Hong Kong (except for Lantau and Outlying Islands) is free of charge for orders of 1 case (9 litre case equivalent) or more. All other deliveries, including those overseas, are charged at the prevailing rate.
3.2 Delivery within Hong Kong will normally be made within 3 working days after acceptance by Corney & Barrow of the Customer's order.
3.3 Notwithstanding acceptance by Corney & Barrow of any order, all Goods are offered for sale subject to availability.
3.4 Delivery of recent vintages lying in stock outside the UK will be delayed until the Goods are shipped into the UK. Shipment into the UK in these circumstances will be made at the earliest suitable date. Delivery of broking stock will not take place until Corney & Barrow has taken possession of the relevant stock.
4. TITLE AND RISK
4.1 Subject (in the case of Trade Customers) to paragraph 5:
(a) Goods purchased and held 'in bond' as Reserves shall remain the property of Corney & Barrow until Corney & Barrow has received payment in full (in cash or cleared funds) for those Goods (excluding VAT, duty and delivery charges); and
(b) Goods purchased and held 'duty paid' as Reserves, or not held as Reserves, shall remain the property of Corney & Barrow until Corney & Barrow has received payment in full (in cash or cleared funds) for those Goods (including any applicable VAT, duty and delivery charges).
4.2 In the case of Goods purchased 'en primeur', those Goods may be stored in bulk in the region of their production. Until the Goods are bottled and transferred to Corney & Barrow's bonded warehouse, they cannot be segregated and the Customer may have a contractual rather than a proprietary interest in them.
4.3 Risk of loss or damage to Goods shall pass to the Customer when the Goods are physically delivered to or collected by either the Customer or an agent acting on behalf of the Customer.
5. RETENTION OF TITLE - TRADE CUSTOMERS
5.1 Until such time as Corney & Barrow receives payment in full (in cash or cleared funds) for all Goods that Corney & Barrow has from time to time supplied to a Trade Customer (including any applicable VAT, duty and delivery charges), all such Goods supplied to that Trade Customer shall remain the property of Corney & Barrow.
5.2 Until ownership of the Goods has passed to a Trade Customer, the Trade Customer shall (unless the Goods are held as Reserves or have been resold in accordance with paragraph 5.3):
(a) store the Goods separately from other goods of the Trade Customer and/or keep them in such a way (at no cost to Corney & Barrow) that they can be readily identified as being the property of Corney & Barrow;
(b) hold the Goods on a fiduciary basis as Corney & Barrow's bailee;
(c) not destroy, deface or obscure any identifying mark on or relating to the Goods; and
(d) maintain the Goods in satisfactory condition and keep them insured on behalf of Corney & Barrow for their full replacement value against all risks.
5.3 Until ownership of the Goods has passed to a Trade Customer, Corney & Barrow grants the Trade Customer the right to resell the Goods in the ordinary course of business at full market value on the basis that the Trade Customer has no authority to enter into any contract of sale on Corney & Barrow's behalf, but does so as principal, and provided that the Trade Customer shall hold in trust and pay to Corney & Barrow on demand the net proceeds of any such sale to the extent that any sums are owed by the Trade Customer to Corney & Barrow.
5.4 Without prejudice to any other remedy that Corney & Barrow may have, Corney & Barrow may, at any time, revoke the Customer's power of sale under paragraph 5.3 by notice to the Trade Customer if the Trade Customer is in default in payment of any sum whatsoever due to Corney & Barrow, or if any cheque (or other negotiable instrument) drawn by the Trade Customer in favour of Corney & Barrow is dishonoured on presentation for payment, or if Corney & Barrow has bona fide doubt as to the solvency of the Customer.
5.5 A Trade Customer's power of sale under paragraph 5.3 shall automatically cease if, in the case of a Trade Customer who is an individual, that Trade Customer has a bankruptcy order made against him/her or makes an arrangement or composition with his/her creditors, or, in the case of a Trade Customer which is an entity, that Trade Customer becomes insolvent is being wound-up or enters into an arrangement or take-over or reconstruction or amalgamation merger or is placed into administration, administrative receivership or voluntary liquidation or a receiver is appointed over any of its assets or the Trade Customer enters into any other bankruptcy or winding up proceedings or any analogous insolvency proceedings in any other applicable jurisdiction. A Trade Customer shall notify Corney & Barrow without delay if any of the events specified in this paragraph occurs.
5.6 Upon the revocation of the Trade Customer's power of sale under paragraph 5.4 or its automatic cessation under paragraph 5.5, all amounts payable in respect of all Goods supplied shall become due immediately whether or not such amounts are then due and payable.
5.7 Each Trade Customer grants Corney & Barrow, its agents and employees (with such transport as is necessary) an irrevocable licence at any time to enter any premises of the Trade Customer, or to which the Trade Customer has access, where Goods may be or are believed to be situated for the purpose of inspecting the Goods to which Corney & Barrow has title or, where the Trade Customer's power of sale has been revoked or ceased, to recover any Goods to which Corney & Barrow has title. Corney & Barrow may dispose of the recovered Goods as to discharge any sums owed by the Trade Customer to Corney & Barrow.
5.8 The rights of Corney & Barrow set out in this paragraph 5 shall remain in full force and effect notwithstanding termination of the relevant contract with the Trade Customer.
5.9 Corney & Barrow may maintain an action for the purchase price of the Goods notwithstanding that ownership of them has not passed to the Trade Customer.
6. RETURNS AND BREAKAGES
6.1 Returns to Corney & Barrow will only be permitted when Goods are found to have been delivered to the Customer incorrectly and the Customer notifies Corney & Barrow of the error as soon as possible (and, in any event, within 7 days) after delivery.
6.2 If a bottle of wine purchased from Corney & Barrow is found to be corked or below Corney & Barrow’s quality standards then Corney & Barrow will replace, or issue a credit for, that bottle of wine provided that the wine is returned to Corney & Barrow within one month after delivery to the Customers address.
6.3 Claims for breakages will only be allowed if the Customer notifies Corney & Barrow as soon as possible (and, in any event, within 7 days) after delivery. The Customer must retain breakages and accompanying packaging for examination by Corney & Barrow or its agent.
7. RESERVE STORAGE
7.1 Corney & Barrow offers storage facilities in the UK with Octavian, Corsham, to its Customers for Goods purchased from Corney & Barrow or (in accordance with paragraph 6.6) from other sources. Corney & Barrow does not currently offer storage facilities for customer’s reserves in Hong Kong.
7.2 Storage charges shall be at the prevailing rate plus any other taxes (where applicable) per year (or part year) per case. Charges will be rendered annually in arrears or when the Reserves are delivered or collected and are to be paid by direct debit or as otherwise agreed with Corney & Barrow. For accounts opened after 1st June 2004, annual storage charges will be collected by direct debit as a condition of storage being provided. Corney & Barrow's storage rental year runs from 1st June to 31st May. A list of Reserves will be sent to the Customer annually in June with an invoice for storage for the year ending on the immediately preceding 31st May.
7.3 Reserves can only be made and withdrawn in multiples of one case.
7.4 Reserves will be insured by Corney & Barrow against all risks of physical loss or damage as at the date of such loss or damage subject to the policy terms or conditions. Although it is Corney & Barrow's intention to cover the present market value of any losses, in view of the difficulty in assessing the total market value and the market value of individual rarities, Corney & Barrow can only try to ensure that full compensation is recovered in cases of loss.
7.5 As an additional service, Corney & Barrow can offer storage for Goods purchased from other sources. Corney & Barrow will rely solely on the accompanying documentation provided by the Customer and/or the designated warehouse from where the wine was delivered/collected, as being valid authentication of the description and quantity of the goods upon acceptance by Corney & Barrow. Corney & Barrow will not accept liability for either the provenance or condition of goods purchased from other sources or for any defect or other fault that these goods may have or may develop. For the avoidance of doubt, goods purchased from other sources shall, as between Corney & Barrow and the Customer and subject to Corney & Barrow’s rights in paragraph 8 be the property of the Customer.
7.6 Corney & Barrow’s records will distinguish the ownership of Reserves from the ownership of Corney & Barrow’s own trading stock. Reserves will not be stored on the same pallets as Corney & Barrow’s own trading stock.
7.7 Corney & Barrow may require any Customer instructions to deal with Reserves to be confirmed in writing before acting on those instructions.
8. LIEN
In the event of non-payment of accounts (including storage charges), Corney & Barrow reserves the right to exercise a lien over and/or to sell some or all of a Customer's Reserves and to deduct from the proceeds of sale any outstanding amounts.
9. LIMITATIONS OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit in any way Corney & Barrow's liability or obligation under the Control of Exemption Clause Ordinance.
9.2 Corney & Barrow shall not be liable to the Customer for ullages or for any deterioration in the condition of any wine (which can occur naturally to all wines no matter how well cared for), whether that wine is in reserve storage with Corney & Barrow or stored separately by or on behalf of the Customer.
9.3 Corney & Barrow shall not be liable to the Customer for any claim (whether arising in or for contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) under or in connection with these Terms and Conditions for:
(a) any loss of profit, revenue, anticipated savings, business or contract; and
(b) any special, indirect or consequential loss.
9.4 Without prejudice to insurance coverage under paragraph 7.4 Corney & Barrow's total liability arising under these Terms and Conditions shall not in respect of any single claim exceed the order value including any taxes (where applicable), duty and delivery charges of the order that gives rise to the claim.
10. WEBSITE SALES
10.1 Purchases may be made via our website (www.corneyandbarrow.com). Use of our website is subject to our Website Terms and Conditions, which can be found on the website.
11. GENERAL
11.1 In Hong Kong, it is illegal to sell alcohol to anyone under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with Corney & Barrow, the Customer confirms that he or she is at least 18 years old (or otherwise above any applicable age limit). At the time of delivery of the Customer's order, Corney & Barrow or its agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, Corney & Barrow or its agent may refuse to deliver the order.
11.2 Corney & Barrow may amend these Terms and Conditions from time to time. None of Corney & Barrow's employees or agents has the right to bind Corney & Barrow to any verbal agreement which does not comply with these Terms and Conditions.
11.3 Corney & Barrow shall not be liable for any failure to meet its obligations caused by circumstances beyond its control.
11.4 No delay in exercising or non-exercise by Corney & Barrow of any right, power or remedy under or in connection with these Terms and Conditions shall impair that right, power or remedy or operate as a waiver or release of it.
11.5 Where Corney & Barrow operates a joint account in the names of two or more Customers, Corney & Barrow shall (unless expressly instructed to the contrary) be entitled to accept, rely upon and act upon instructions given by any one of the Customers named on that account.
11.6 If any provision, or any part of any provision, of these Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and the liability of Corney & Barrow and the Customer shall not be affected or impaired.
12. GOVERNING LAW
These Terms and Conditions and all contracts entered into are governed by Hong Kong law and are subject to the exclusive jurisdiction of the Hong Kong Courts.
13. CONTACT DETAILS AND PREVAILING RATES FOR CHANGES
If you have any queries or comments in relation to these Terms and Conditions, or for details of the prevailing rates for charges referred to in these Terms and Conditions, you can either write to us at Unit D, 6th Floor, Nine Queen’s Road Central, Hong Kong, email us at wine@corneyandbarrow.com or call us on +852 2537 3325.
These terms and conditions ("Terms and Conditions") apply to and form part of every contract between Corney and Barrow Limited (Singapore Branch) (UEN: T12FC0164G) ("Corney & Barrow") and its customers ("Customer"). No terms and/or conditions which the Customer may seek to impose or which may be implied by trade, custom, practice or course of dealing shall apply or have effect.
1. DEFINITIONS
In these Terms and Conditions:
" Customer " means any Private Customer or Trade Customer as the case may be;
" Goods " means the products or services to be supplied by Corney & Barrow to the Customer;
" GST " means goods and services tax as defined under the Goods and Services Tax Act (Chapter 117A of the Singapore Statutes);
" Private Customer " means a Customer who is not a Trade Customer; and
" Reserves " means goods stored by or on behalf of Corney & Barrow in accordance with paragraph 7; and
" Trade Customer " means a Customer who purchases Goods with a view to resale in the ordinary course of its business and/or who Corney & Barrow notifies is classified as such.
2. PRICES AND PAYMENT TERMS
2.1 Corney & Barrow reserves the right to require payment for Goods at the time of order.
2.2 In cases where Corney & Barrow approves deferred payment terms then (unless Corney & Barrow agrees other payment terms):
(a) invoices to Private Customers must be paid within 30 days after the invoice date; and
(b) invoices to Trade Customers must be paid on or before the 21st day of the month following the month in which the invoice date falls.
2.3 All prices are quoted in Pounds Sterling or Singapore Dollars. Any applicable tax, duty and delivery charges will be added at the time of order or, in the case of Customer Reserves held in bond, when the relevant Reserves are delivered or collected.
2.4 For Customers outside Singapore, payment must (unless made at the time of order) be received prior to shipment of the relevant Goods or within 30 days after the date of invoice, whichever is the earlier. Customers outside Singapore who arrange their own delivery are responsible for the payment of any applicable tax and duty (or their equivalent) in the country of delivery.
2.5 Payment can be made by major credit or debit card, cheque, or by direct electronic transfer (bank details available on request). Corney & Barrow may refuse to accept cash settlement of amounts due and will always refuse cash sums in excess of S$10,000.
2.6 Any increase in freight charges, duty, tax and/or changes in rates of exchange following payment will be passed on to the Customer if shipping and/or clearance from bond have not occurred prior to such increases. Similarly, if duties are reduced before shipping and/or clearance from bond, any reductions will be credited to the Customer.
2.7 If any amount remains unpaid after the due date for payment, then Corney & Barrow reserves the right to do any or all of the following:
(a) charge interest at 2% per month on any amount remaining unpaid after the due date, calculated from the due date until the actual date of payment;
(b) review and/or remove retrospectively any special trading terms previously agreed in relation to the transaction(s) to which those overdue accounts relate (including discounts, in which case Corney & Barrow may re-invoice the Goods at their full price);
(c) require payment of all other unpaid amounts invoiced to the Customer (whether or not then due and payable); and/or
(d) suspend any future deliveries to the Customer.
2.8 Corney & Barrow reserves the right to charge an administration fee of not less than S$30.00 for each cheque unpaid by the Customer's bank, including but not limited to cheques which are returned marked "Please represent".
2.9 All payments to be made by the Customer shall be made in full, without any deduction, withholding, set-off or counterclaim.
2.10 In no circumstances will Corney & Barrow be obliged to proceed with a Customer's purchase of wine at an incorrect price even if Corney & Barrow has accepted the Customer's order for wines displayed at the incorrect price and/or failed to inform the Customer of the error.
3. DELIVERY
3.1 Delivery within Singapore is free of charge for orders of 1 case (9 litre case equivalent) or more. All other deliveries, including those overseas, are charged at the prevailing rate.
3.2 Delivery within Singapore will normally be made within 3 working days after acceptance by Corney & Barrow of the Customer's order.
3.3 Notwithstanding acceptance by Corney & Barrow of any order, all Goods are offered for sale subject to availability.
3.4 Delivery of recent vintages lying in stock outside the UK will be delayed until the Goods are shipped into the UK. Shipment into the UK in these circumstances will be made at the earliest suitable date. Delivery of broking stock will not take place until Corney & Barrow has taken possession of the relevant stock.
4. TITLE AND RISK
4.1 Subject (in the case of Trade Customers) to paragraph 5;
(a) Goods purchased and held ‘in bond’ as Reserves shall remain the property of Corney & Barrow until Corney & Barrow has received payment in full (in cash or cleared funds) for those Goods (excluding GST, duty and delivery charges); and
(b) Goods purchased as held ‘duty paid’ as Reserves, or not held as Reserves, shall remain the property of Corney & Barrow until Corney & Barrow has recevied payment in full (in cash or cleared funds) for those Goods (including any applicable GST, duty and delivery charges).
4.2 In the case of Goods purchased ‘en primeur’, those Goods may be stored in bulk in the region of their production. Until the Goods are bottled and transferred to Corney & Barrow’s bonded warehouse, they cannot be segregated and the Customer may have a contractual rather than a proprietary interest in them.
4.3 Risk of loss or damage to Goods shall pass to the Customer when the Goods are physically delivered to or collected by, either the Customer or an agent acting on behalf of the Customer.
5. RETENTION OF TITLE - TRADE CUSTOMERS
5.1 Until such time as Corney & Barrow receives payment in full (in cash or cleared funds) for all Goods that Corney & Barrow has from time to time supplied to a Trade Customer (including any applicable GST, duty and delivery charges), all such Goods supplied to that Trade Customer shall remain the property of Corney & Barrow.
5.2 Until ownership of the Goods has passed to a Trade Customer, the Trade Customer shall (unless the Goods are held as Reserves or have been resold in accordance with paragraph 5.3):
(a) store the Goods separately from other goods of the Trade Customer and/or keep them in such a way (at no cost to Corney & Barrow) that they can be readily identified as being the property of Corney & Barrow;
(b) hold the Goods on a fiduciary basis as Corney & Barrow's bailee;
(c) not destroy, deface or obscure any identifying mark on or relating to the Goods; and
(d) maintain the Goods in satisfactory condition and keep them insured on behalf of Corney & Barrow for their full replacement value against all risks.
5.3 Until ownership of the Goods has passed to a Trade Customer, Corney & Barrow grants the Trade Customer the right to resell the Goods in the ordinary course of business at full market value on the basis that the Trade Customer has no authority to enter into any contract of sale on Corney & Barrow's behalf, but does so as principal, and provided that the Trade Customer shall hold in trust and pay to Corney & Barrow on demand the net proceeds of any such sale to the extent that any sums are owed by the Trade Customer to Corney & Barrow.
5.4 Without prejudice to any other remedy that Corney & Barrow may have, Corney & Barrow may, at any time, revoke the Customer's power of sale under paragraph 5.3 by notice to the Trade Customer if the Trade Customer is in default in payment of any sum whatsoever due to Corney & Barrow, or if any cheque (or other negotiable instrument) drawn by the Trade Customer in favour of Corney & Barrow is dishonoured on presentation for payment, or if Corney & Barrow has bona fide doubt as to the solvency of the Customer.
5.5 A Trade Customer's power of sale under paragraph 5.3 shall automatically cease if, in the case of a Trade Customer who is an individual, that Trade Customer has a bankruptcy order made against him/her or makes an arrangement or composition with his/her creditors, or, in the case of a Trade Customer which is an entity, that Trade Customer becomes insolvent is being wound-up or enters into an arrangement or take-over or reconstruction or amalgamation merger or is placed into administration, administrative receivership or voluntary liquidation or a receiver is appointed over any of its assets or the Trade Customer enters into any other bankruptcy or winding up proceedings or any analogous insolvency proceedings in any other applicable jurisdiction. A Trade Customer shall notify Corney & Barrow without delay if any of the events specified in this paragraph occurs.
5.6 Upon the revocation of the Trade Customer's power of sale under paragraph 5.4 or its automatic cessation under paragraph 5.5, all amounts payable in respect of all Goods supplied shall become due immediately whether or not such amounts are then due and payable.
5.7 Each Trade Customer grants Corney & Barrow, its agents and employees (with such transport as is necessary) an irrevocable licence at any time to enter any premises of the Trade Customer, or to which the Trade Customer has access, where Goods may be or are believed to be situated for the purpose of inspecting the Goods to which Corney & Barrow has title or, where the Trade Customer's power of sale has been revoked or ceased, to recover any Goods to which Corney & Barrow has title. Corney & Barrow may dispose of the recovered Goods as to discharge any sums owed by the Trade Customer to Corney & Barrow.
5.8 The rights of Corney & Barrow set out in this paragraph 5 shall remain in full force and effect notwithstanding termination of the relevant contract with the Trade Customer.
5.9 Corney & Barrow may maintain an action for the purchase price of the Goods notwithstanding that ownership of them has not passed to the Trade Customer.
6. RETURNS AND BREAKAGES
6.1 Returns to Corney & Barrow will only be permitted when Goods are found to have been delivered to the Customer incorrectly and the Customer notifies Corney & Barrow of the error as soon as possible (and, in any event, within 7 days) after delivery.
6.2 If a bottle of wine purchased from Corney & Barrow is found to be corked or below Corney & Barrow’s quality standards then Corney & Barrow will replace, or issue a credit for, that bottle of wine provided that the wine is returned to Corney & Barrow within one month after delivery to the Customers address.
6.3 Claims for breakages will only be allowed if the Customer notifies Corney & Barrow as soon as possible (and, in any event, within 7 days) after delivery. The Customer must retain breakages and accompanying packaging for examination by Corney & Barrow or its agent.
7. RESERVE STORAGE
7.1 Corney & Barrow offers storage facilities in the UK with Octavian, Corsham, to its Customers for Goods purchased from Corney & Barrow or (in accordance with paragraph 7.5) from other sources. Corney & Barrow does not currently offer storage facilities for customers’ reserves in Singapore.
7.2 Storage charges shall be at the prevailing rate plus any other taxes (where applicable) per year (or part year) per case. Charges will be rendered annually in arrears or when the Reserves are delivered or collected and are to be paid by direct debit or as otherwise agreed with Corney & Barrow. For accounts opened after 1st June 2004, annual storage charges will be collected by direct debit as a condition of storage being provided. Corney & Barrow's storage rental year runs from 1st June to 31st May. A list of Reserves will be sent to the Customer annually in June with an invoice for storage for the year ending on the immediately preceding 31st May.
7.3 Reserves can only be made and withdrawn in multiples of one case.
7.4 Reserves will be insured by Corney & Barrow against all risks of physical loss or damage as at the date of such loss or damage subject to the policy terms or conditions. Although it is Corney & Barrow's intention to cover the present market value of any losses, in view of the difficulty in assessing the total market value and the market value of individual rarities, Corney & Barrow can only try to ensure that full compensation is recovered in cases of loss.
7.5 As an additional service, Corney & Barrow can offer storage for Goods purchased from other sources. Corney & Barrow will rely solely on the accompanying documentation provided by the Customer and/or the designated warehouse from where the wine was delivered/collected, as being valid authentication of the description and quantity of the goods upon acceptance by Corney & Barrow. Corney & Barrow will not accept liability for either the provenance or condition of goods purchased from other sources or for any defect or other fault that these goods may have or may develop. For the avoidance of doubt, goods purchased from other sources shall, as between Corney & Barrow and the Customer and subject to Corney & Barrow’s rights in paragraph 8 be the property of the Customer.
7.6 Corney & Barrow’s records will distinguish the ownership of Reserves from the ownership of Corney & Barrow’s own trading stock. Reserves will not be stored on the same pallets as Corney & Barrow’s own trading stock.
7.7 Corney & Barrow may require any Customer instructions to deal with Reserves to be confirmed in writing before acting on those instructions.
8. LIEN
In the event of non-payment of accounts (including storage charges), Corney & Barrow reserves the right to exercise a lien over and/or to sell some or all of a Customer's Reserves and to deduct from the proceeds of sale any outstanding amounts.
9. LIMITATIONS OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit in any way Corney & Barrow's liability or obligation under the Sale of Goods Act (Chapter 393 of the Singapore Statutes), the Consumer Protection (Fair Trading) Act (Chapter 52A of the Singapore Statutes) and/or the Unfair Contract Terms Act (Chapter 396 of the Singapore Statutes)
9.2 Corney & Barrow shall not be liable to the Customer for ullages or for any deterioration in the condition of any wine (which can occur naturally to all wines no matter how well cared for), whether that wine is in reserve storage with Corney & Barrow or stored separately by or on behalf of the Customer.
9.3 Corney & Barrow shall not be liable to the Customer for any claim (whether arising in or for contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) under or in connection with these Terms and Conditions for:
(a) any loss of profit, revenue, anticipated savings, business or contract; and
(b) any special, indirect or consequential loss.
9.4 Without prejudice to insurance coverage under paragraph 7.4 Corney & Barrow's total liability arising under these Terms and Conditions shall not in respect of any single claim exceed the order value including any taxes (where applicable), duty and delivery charges of the order that gives rise to the claim.
10. WEBSITE SALES
10.1 Purchases may be made via our website (www.corneyandbarrow.com). Use of our website is subject to our Website Terms and Conditions, which can be found on the website.
11. GENERAL
11.1 In Singapore, it is illegal to sell alcohol to anyone under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with Corney & Barrow, the Customer confirms that he or she is at least 18 years old (or otherwise above any applicable age limit). At the time of delivery of the Customer's order, Corney & Barrow or its agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, Corney & Barrow or its agent may refuse to deliver the order.
11.2 Corney & Barrow may amend these Terms and Conditions from time to time. None of Corney & Barrow's employees or agents has the right to bind Corney & Barrow to any verbal agreement which does not comply with these Terms and Conditions.
11.3 Corney & Barrow shall not be liable for any failure to meet its obligations caused by circumstances beyond its control.
11.4 No delay in exercising or non-exercise by Corney & Barrow of any right, power or remedy under or in connection with these Terms and Conditions shall impair that right, power or remedy or operate as a waiver or release of it.
11.5 Where Corney & Barrow operates a joint account in the names of two or more Customers, Corney & Barrow shall (unless expressly instructed to the contrary) be entitled to accept, rely upon and act upon instructions given by any one of the Customers named on that account.
11.6 If any provision, or any part of any provision, of these Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and the liability of Corney & Barrow and the Customer shall not be affected or impaired.
12. GOVERNING LAW
These Terms and Conditions and all contracts entered into are governed by Singapore law and are subject to the exclusive jurisdiction of the Singapore Courts.
13. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT
A person who is not a party hereto shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B of the Singapore Statutes) to enforce any provision of these Terms and Conditions.
43. CONTACT DETAILS AND PREVAILING RATES FOR CHANGES
If you have any queries or comments in relation to these Terms and Conditions, or for details of the prevailing rates for charges referred to in these Terms and Conditions, you can either write to us at Level 6, Suite 605, 137 Market Street, Singapore 048943, email us at wine@corneyandbarrow.com or call us on +65 6809 3900.
These terms and conditions (the "Terms") govern the use of this website (the "Website"). Please read these terms carefully. Do not use (or continue to use) the Website if you do not agree to the Terms. If you have any queries or comments in relation to the Terms or the use of this Website, you can either write to us at 1 Thomas More Street, London E1W 1YZ, email us at website@corneyandbarrow.com or call us on +44 (0)20 7265 2400.
Please note that internet sales are not available if you are resident in some countries including countries where the sale of alcohol is prohibited. You are responsible for complying with the laws of the country in which you are located. If you are unsure about the law in the country where you are located then please leave this site and check the legal position before continuing.
1. USE OF THE CORNEY & BARROW WEBSITE
1.1 This Website is provided by Corney & Barrow Limited ("Corney & Barrow") for your personal use subject to these Terms. By using the Website you agree to be bound by these Terms.
1.2 All orders and purchases made via the Website will be governed by these Terms and by our Terms and Conditions of Sale. Please click here to see these.
1.3 This Website and the information on this Website may be changed or updated without notice.
1.4 Corney & Barrow may revise these Terms and any other legal notice on the Website (including the privacy policy). All changes will be effective when posted on the Website. You should check this Website from time to time to review these Terms and other legal notices, because they are binding on you.
2. REGISTRATION
2.1 To register with Corney & Barrow via this Website you must be of legal drinking age in the country where you are located. You are responsible for ensuring that the details provided by you on registration are correct and complete and for informing us of any changes to the information provided.
2.2 When you register to use the Website you will be given an automatically generated password. You will then be asked to change your password to one preferable to you. You will be responsible for all activities and orders that occur or are submitted under your password. If you forget your password, you can request for it to be sent to your email address. You must keep your password confidential. If you know or suspect that someone else knows your password you should notify us by contacting us immediately at website@corneyandbarrow.com. If Corney & Barrow has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account in accordance with paragraph 7.3 below.
2.3 Personal information which you submit will be held and processed by Corney & Barrow in accordance with our privacy policy. Please click here to see this.
3. PRICING AND PAYMENT TERMS
3.1 The prices shown are only applicable to purchases made via the Corney & Barrow website. Prices in our printed material may be higher or lower than shown.
3.2 Every effort is made to ensure that all prices are correct at time of display online and include VAT, where appropriate, or, if appropriate, VAT will be added at checkout. In the unlikely event of an administrative error resulting in an incorrect price being displayed on the Website, we reserve the right to correct the price. Where we discover an error in the price of any wine that you have ordered, we will not be obliged to proceed with your order and we will usually endeavour to inform you of the error and the correct price as soon as possible. In these circumstances, you will not be bound to continue with your purchase and we will usually endeavour to ask you to email us to confirm that you wish to proceed at the corrected price within a stated time. In the event that you reply that you do not wish to proceed at the corrected price, do not reply within the stated time, or if we are unable to contact you, then we will cancel the order and refund the amount paid. In no circumstances will we be obliged to proceed with your purchase of wine at an incorrect price, even if we have accepted your order for wines displayed at the incorrect price and/or failed to inform you of the error.
3.3 All purchases made via our website must be paid for by credit or debit card at the time of order.
4. AMENDED ORDERS
4.1 Once you have placed your order with us, Corney & Barrow will acknowledge the receipt of your order by sending an email to you to the address that you supplied when registering with our Website. Once your order has been processed and accepted, Corney & Barrow will confirm the acceptance of your order by sending an email to you using the address you supplied when registering with our Website. This brings into existence a legally binding agreement between us, subject to paragraph 3 above concerning incorrect prices. If you need to amend your order after you have received your order acknowledgement, please contact us either by emailing at website@corneyandbarrow.com or call us on 020 7265 2470 (Mon-Fri, 8am-6pm).
5. DELIVERY: MAINLAND UK
5.1 Delivery instructions placed on the Website can only be accepted by Corney & Barrow where delivery of wines is to be made to an address within mainland UK.
5.2 Deliveries are made from Monday to Friday. Delivery within mainland UK will normally be made within 7 working days after acceptance by Corney & Barrow of the Customer's order. You can request for us to call you and arrange a specific date and time for your delivery.
5.3 Delivery of broking stock will not take place until Corney & Barrow has taken possession of the relevant stock and you will be notified with a delivery date as soon as stock is available.
5.4 Delivery within mainland UK is free of charge for orders with a value in excess of the prevailing minimum amount (currently £200 inclusive of VAT). All other deliveries are charged at the prevailing rate (currently £12.50 inclusive of VAT per order/delivery point).
6. DELIVERY: NON-MAINLAND UK AND INTERNATIONAL
6.1 Further to clause 5.1 above, Corney & Barrow will contact you following placement of an order for delivery to an address outside mainland UK to agree shipment details and charges for which an additional invoice will be raised.
6.2 Corney & Barrow offers regular shipments to Hong Kong (currently quarterly) and to Singapore (currently biannual). For more information, please contact export@corneyandbarrow.com.
7. WEBSITE AVAILABILITY
7.1 While Corney & Barrow endeavours to ensure that this Website is normally available 24 hours a day, Corney & Barrow shall not be liable if for any reason this Website is unavailable at any time or for any period.
7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Corney & Barrow's control.
7.3 Your access to the Website, your ability to participate in all or certain parts of the Website and/or your registration may be terminated by Corney & Barrow at any time without notice and without any liability. Any limitations on Corney & Barrow's liability will survive such termination.
8. USE OF THE WEBSITE
8.1 You agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Corney & Barrow against any loss, liability, damage or expense of whatever nature which Corney & Barrow or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.
9. THIRD PARTY MATERIALS
9.1 Corney & Barrow is not responsible for the contents of any website operated by a third party which may be accessed via this Website and Corney & Barrow does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Website are provided for your convenience only and do not imply that Corney & Barrow approves or recommends the content of such websites.
10. INTELLECTUAL PROPERTY
10.1 The Corney & Barrow name, logo, corporate symbols and trade marks are the sole property of Corney & Barrow Limited and no permission is given in respect of their use. The Website and its contents are protected by UK and international copyright laws and other intellectual property rights. Unless otherwise indicated, Corney & Barrow Limited is the owner of the copyright and all other intellectual property rights in the Website and its contents. Save as set out below, no part of the Website may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Corney & Barrow.
10.2 You may retrieve and display the content of the Website on a computer screen, or print one copy of such content (including the Terms and Conditions of Sale and any order confirmation) for your own personal use, provided you keep intact all and any copyright and proprietary notices.
11. LIABILITY
11.1 The Website is provided without any warranties or guarantees. To the extent permissible by any applicable law, Corney & Barrow, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Website, or reliance on the Website, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Website (whether negligent or not), except that nothing affects any liability of Corney & Barrow, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.
11.2 Whilst Corney & Barrow makes reasonable attempts to exclude viruses or other destructive computer codes from the Website, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Website or downloading from the Website.
11.3 Nothing in this Section 11 applies to Corney & Barrow's liability for goods purchased through the Website, which is governed by our Terms and Conditions of Sale.
12. GOVERNING LAW
12.1 The Terms and your use of this Website shall be governed by English law. By using the Website and accepting the Terms you submit to the exclusive jurisdiction of the courts of England and Wales, save that Corney & Barrow may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to Corney & Barrow.
13. GENERAL
13.1 If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
13.2 Corney & Barrow's failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Corney & Barrow in writing.
13.3 The section titles in the Terms are for convenience only, and have no legal or contractual effect.
13.4 The parties do not intend the Terms (or any part of them) to be enforceable by any person who is not a party to these terms pursuant to the Contracts (Rights of Third Parties) Act 1999. The Corney & Barrow Website is operated by Corney & Barrow Limited, a company registered in England and Wales (registration number 02296476) whose registered office is at 1 Thomas More Street, London E1W 1YZ.Our VAT number is GB 397 2310 40 003
The following "voucher terms and conditions" apply to all Corney & Barrow online vouchers.
To redeem a promotional voucher, the code provided must be entered on the first screen at the checkout. There is a limit of one voucher per person and per order. All vouchers may only be redeemed at our website test.corneyandbarrow.com toward the purchase of wines listed in the Shop. It excludes wines from the Mixed Case , Bin End and the Cellar selections. An online voucher cannot be redeemed at our retail shops, wine bars or via phone or mail order. A voucher code cannot be used in conjunction with any other offer. A free delivery voucher only applies for UK mainland (this excludes the highlands and outlying islands). Corney & Barrow reserves the right to cancel the online voucher at any time without prior notice. Corney & Barrow’s general terms and conditions for using the website apply.
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here to read our Privacy Policy and our Cookies Policy