TERMS AND CONDITIONS
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 MaxiVinos to the Customer;
“Private Customer” – means a Customer who is not a Trade Customer;
“Reserves” – means goods stored by or on behalf of MaxiVinos 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 MaxiVinos notifies is classified as such.
2. PRICES AND PAYMENT TERMS
2.1 MaxiVinos reserves the right to require payment for Goods at the time of order.
2.2 In cases where MaxiVinos approves deferred payment terms then (unless MaxiVinos 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 new customers 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 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 MaxiVinos’s preferred method of payment is by direct bank transfer. We also accept payment by Paypal and major credit or debit cards.
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 MaxiVinos 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 MaxiVinos 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 MaxiVinos reserves the right to charge an administration fee for each cheque unpaid by the Customer’s bank, including 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 MaxiVinos be obliged to proceed with a Customer’s purchase of wine at an incorrect price, even if MaxiVinos has accepted the Customer’s order for wines displayed at the incorrect price and/or failed to inform the Customer of the error.
3.1 Delivery 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 will normally be made within 7 working days after acceptance by MaxiVinos of the Customer’s order.
3.3 Notwithstanding acceptance by MaxiVinos of any order, all Goods are offered for sale subject to availability.
4. RETENTION OF TITLE – TRADE CUSTOMERS
4.1 Until such time as MaxiVinos has received payment in full (in cash or cleared funds) for all Goods that MaxiVinos 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 MaxiVinos.
4.2 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 MaxiVinos) that they can be readily identified as being the property of MaxiVinos; (b) hold the Goods on a fiduciary basis as MaxiVinos’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 MaxiVinos for their full replacement value against all risks.
4.3 Until ownership of Goods has passed to a Trade Customer, MaxiVinos 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 MaxiVinos’s behalf, but does so as principal, and provided that the Trade Customer shall hold in trust and pay to MaxiVinos on demand the proceeds of any such sale to the extent that any sums are owed by the Trade Customer to MaxiVinos.
4.4 Each Trade Customer grants MaxiVinos, 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 MaxiVinos has title or, where the Trade Customer’s power of sale has been revoked or ceased, to recover any Goods to which MaxiVinos has title. MaxiVinos may dispose of the recovered Goods so as to discharge any sums owed by the Trade Customer to MaxiVinos.
5. RETURNS, BREAKAGE AND NON-DELIVERY
5.1 If any wine purchased from MaxiVinos fails, for any reason, to give satisfaction, MaxiVinos will replace, or issue a credit for, that bottle of wine provided that the wine is returned to MaxiVinos within one month after the earlier of (a) the invoice date for the wine and (b) the date of payment for the wine. MaxiVinos is not obliged under this guarantee to deliver any replacement wine to an address outside the United Kingdom.
5.2 Private Customers have the right to withdraw from a contract entered into with MaxiVinos within 14 days following the day on which the Goods come into their physical possession without giving any reason. To exercise the right of withdrawal, a Private Customer must give written notice to MaxiVinos by emailing us at firstname.lastname@example.org. A withdrawal notice is available here. If a Private Customer withdraws from a contract, MaxiVinos shall reimburse to the Private Customer all payments received from it, including any costs of delivery, without undue delay and in any event not later than 14 days from the day on which it has collected the Goods or the Private Customer has supplied evidence of having sent back the Goods, whichever is the earlier. A Private Customer’s right of withdrawal under this paragraph shall not apply to wine purchased ‘en primeur’.
5.3 Claims for breakages will only be allowed if the Customer notifies MaxiVinos as soon as possible (and, in any event, within 7 days) after delivery. The Customer must retain breakages and accompanying packaging for examination by MaxiVinos or its agent.
In the event of non-payment of accounts (including storage charges), MaxiVinos 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.
7. LIMITATIONS OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit in any way MaxiVinos’s liability for death or personal injury or for fraudulent misrepresentation or for breach of its obligations
7.2 MaxiVinos shall not be liable to the Customer 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 MaxiVinos or stored separately by or on behalf of the Customer.
7.3 MaxiVinos 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.
8. WEBSITE SALES
8.1 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.
9.1 By placing an order with MaxiVinos, 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, MaxiVinos or its agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, MaxiVinos or its agent may refuse to deliver the order.
9.2 MaxiVinos may amend these Terms and Conditions from time to time. None of MaxiVinos’s employees or agents has the right to bind MaxiVinos to any verbal agreement which does not comply with these Terms and Conditions.
9.3 MaxiVinos shall not be liable for any failure to meet its obligations caused by circumstances beyond its control.
9.4 Where MaxiVinos operates a joint account in the names of two or more Customers, MaxiVinos 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.
9.5 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 MaxiVinos and the Customer shall not be affected or impaired.
10. CONTACT DETAILS AND PREVAILING RATES FOR CHARGES
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 email us at email@example.com.