These terms and conditions ("Terms and Conditions") apply to and form part of every contract between Bordeaux Index Limited ("Bordeaux Index") and one of its customers ("Customer") including any storage or similar services. In addition to traditional sales and purchasing, Bordeaux Index operates two distinct web-based Order channels: our Website and LiveTrade. These services are accessed via different web pages and have different Order processes which are addressed later in these Terms and Conditions. However, once an Order is accepted these Terms and Conditions apply to the resulting Transaction. 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. We may change these Terms and Conditions from time to time and you should check these regularly as the Terms and Conditions which are in place when we issue an Order acknowledgement, proforma invoice or invoice (whichever is earliest) will be binding upon you and us. None of our employees or agents has the right to bind us to any verbal agreement which does not comply with the Terms and Conditions. In the event you place an Order and we amend the Terms and Conditions within 14 days of the Order being placed, the Terms and Conditions applicable to your Order will be those in force at the time the Order is accepted by us, unless the change to the Terms and Conditions was required by law or government or regulatory authority ( in which case, any such change will apply to an Order you have previously placed that we have not yet fulfilled).
In these Terms and Conditions:
2.1 An Order to Buy can be placed by you in a number of ways: directly with a member of Bordeaux Index staff via telephone or in writing via email; online via the Website; or as a result of interactions with LiveTrade.
2.2 Orders to Buy, once placed, will initially be acknowledged by Bordeaux Index and then subsequently accepted or, rarely, rejected. The process will depend on the channel and is described in the appropriate sections below.
2.3 By placing an Order to Buy, or interacting with LiveTrade in such a way that may result in an Order to Buy, you agree that you are capable of entering into a legally binding contract and you must be at least 18 years old or you must have reached the requisite age in your home territory for the purchase of alcohol. All contracts are subject to English law and jurisdiction. All Goods are offered subject to market price movement and remaining unsold. You agree that Bordeaux Index will have no liability to you whatsoever regarding the authenticity, of any Goods after six years following the date of purchase and any and all liability (in respect of any claim) before six years shall be limited to the purchase price of the Goods.
Contract for Sale
2.4. A Contract for Sale which incorporates these Terms and Conditions in full will come into existence when we expressly accept your Order to Buy. Please note that an acknowledgement of your Order by us by telephone, email or Website confirmation does not constitute acceptance of your Order. Your Order will be accepted when we take payment from you or issue an invoice to you for the Order.
2.5 We have a minimum Order of £250 (per Order, ex VAT and duty) or a full unmixed case of 6 bottles.
2.6 We are free to accept or decline the whole or part of any Order to Buy at our absolute discretion. Where we decline part of an Order to Buy we will confirm this to you and afford you the opportunity to continue with the part of the Order we have accepted.
2.7 All prices are set in pounds sterling (please note the exceptions to this covered in the LiveTrade section of these Terms & Conditions) and may be varied without prior notice. Prices in various currencies may be viewed on our Website and are converted from the sterling prices using appropriate exchange rates. The exchange rates fluctuate with market foreign exchange rates so that prices in quoted foreign currencies will vary even if the underlying sterling prices have not changed. 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.
2.8 The description and prices payable for the Goods you order are set out in our emails and other communications with you. If we have under-priced an item or service in error, we will not be liable to provide that item to you at the stated price provided that we notify you of the error before we despatch the item concerned or, if we are not despatching an item, within 7 working days of our acceptance of your Order and we may cancel your Order provided we refund to you any payments you have made. Alternatively, you may agree to pay the corrected price, in which case we will proceed with your Order. In the event that you have been overcharged for an item, a full refund of the difference will be given.
2.9 The availability of the Goods will be checked after we have received your Order to Buy. If for any reason at any point before delivery of the Goods to you, we are unable to fulfil your Order (or any part thereof) we will advise you of this and if we have already debited your payment card, the appropriate amount will be credited to the card or account used to place your Order.
2.10 For Customers who have purchased wine 'en primeur' please note that in the unlikely event of the chateau deciding not to bottle your selected format, Bordeaux Index reserves the right to allocate the most appropriate bottle size instead.
2.11 At the point these Terms become binding (as provided for in Clause 2.4) you have entered into a Contract for Sale. We shall not be bound by any clerical or arithmetical errors in documents issued by us in relation to your Order to Buy. No price or other information contained on our Website shall constitute an offer to contract.
Bordeaux Index makes every effort to ensure that all Goods we sell are of impeccable quality and in a condition appropriate for the age of the wine or spirit, including thorough provenance checks, physical inspections and appropriate storage conditions. We do not purchase US strip-labelled stock or stock that has been shipped back into Europe from the Americas or Asia unless otherwise specified or specifically requested. As a result, condition issues rarely occur. In the event that wines are corked or out of condition for consumption, no liability will attach to us and Bordeaux Index will be under no obligation to offer replacements or offer other compensation of any kind and such replacements or compensation will be made entirely at our discretion. We cannot guarantee that wines will always show at their best. Regardless of reputation, all wines can age and mature in different ways and we will not bear any liability for subjective judgments such as quality or drinkability. All older bottles are therefore sold as seen and we cannot accept returns for any wines should they be corked, tainted or fatigued in any way. As such the wine we sell to you will be of condition to be expected in view of its age and provenance and we will not be responsible for minor defects or imperfections or any condition resulting from nature or age of the wine.
We cannot warrant any provenance or information given to us by third party suppliers. This does not affect your statutory rights. We would also highly recommend that the older the wine the longer the time that should be allowed for preparation before serving. Wines benefit from rest as well as being stood upright for a number of days before opening and drinking.
4.1. Payment will be due at the time of placing an Order to Buy or as per separately agreed terms. Please note Goods may not be delivered until payment is received in full.
4.3. Bordeaux Index accepts a range of payment methods and/or card issuers including Alipay and US / HK registered Amex cards. A surcharge is applied to non-EEA (European Economic Area) cards and mobile payment methods. Payment card details you provide to us are held securely by a third party provider in compliance with PCI standards. Further information on how card details are stored securely can be found in our Privacy Policy.
4.4. To ensure that your payment card is not being used without your consent the name, address and other personal information supplied by you during the Order process may be validated against appropriate third party databases. By placing an Order, you consent to these and similar checks being made. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018 and any other relevant data protection law.
4.5. All information revealed through such checks shall be used by us in accordance with our Privacy Policy although we may refer any information which appears to be fraudulent or unlawful to relevant third parties such as police or other enforcement authorities, banks or credit card companies as may be appropriate.
4.6. In the event of non-payment of account within the specified terms for payment, we reserve the right to charge interest on any sums owing to us at the rate of 8% above the Bank of England base rate from time to time from the date payment is due to the date of payment.
4.7. In the event that any amount is owing from you to us then you agree that we will have the right to purchase any of your Goods which are held by us at a price governed by these Terms and Conditions in satisfaction of your liabilities to us. Upon that purchase, we will hold title to the relevant Goods and we will then be free to sell or otherwise deal with those Goods at our discretion.
4.8. In order to exercise our right to purchase Goods we hold for you to satisfy your liabilities to us we will send written notice to your last known contact details of our intention to purchase the Goods. Fifteen days after sending such notice we will be entitled to take ownership and possession and (at our discretion) dispose of some or all of your Goods which are held by us. Upon purchasing the Goods, we will credit you with the purchase price of the relevant Goods (the "credit amount"). The net proceeds quoted on LiveTrade if a live Bid exists at the time we purchase Goods or if no live Bid is quoted 80% of market value for other Goods. Market value will be assessed based on our list prices or by making reasonable enquiries and will be assessed on the date which falls 15 days after the notice referred to in this clause 4.8 is sent by us. We will set the credit amount off against any sums you owe to us. If the credit amount exceeds the sums you owe to us we will account to you upon request for any excess but we will not be obliged to pay interest on such excess. If any balance remains outstanding owing to us after we have purchased the Goods and credited the credit amount to you then the balance (including interest at the rate specified in clause 4.6) shall remain payable by you.
4.9. Our right to purchase Goods we hold for you to satisfy your liabilities does not affect any other remedies we may have. You agree that given that the credit amount represents the typical price we would pay for the relevant Goods, and given the existence of fluctuating demand and prices for the Goods, the above terms are reasonable.
4.10. We reserve the right to charge a cancellation fee of up to 25% of the outstanding amount, or actual losses incurred by Bordeaux Index as a result of cancellation if greater than 25%.
4.11. We may (a) utilise any monies held on account or otherwise received from or on behalf of the Customer to discharge any such cancellation fees; (b) cancel any discounts given in respect of any invoiced sums and/or cancel any further deliveries to you; and (c) withdraw any credit facilities which have been offered to you.
4.12. In the event that funds are owed from us to you, and there exists an outstanding balance owed by you to us, we may (at our sole discretion) withhold any payment, offset any outstanding amounts, or retain the funds until the entire outstanding debt owed by you to us has been settled in full.
4.13. We reserve the right, at our discretion, to suspend your account or permanently and/or temporarily halt any trading activity you are engaged in with us.
5.1. In the case of Private Customers, title to all Goods shall remain with Bordeaux Index until all sums due from the Private Customer are paid in full.
5.2. 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 a Bordeaux Index bonded warehouse, they cannot be segregated and the Customer may have a contractual rather than a proprietary interest in them. 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.
Retention of Title – Trade Customers
5.3. In the case of Trade Customers where delivery is made in advance of payment: (a) Goods purchased and held 'in bond' as Reserves shall remain the property of Bordeaux Index until Bordeaux Index 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 Bordeaux Index until Bordeaux Index has received payment in full (in cash or cleared funds) for those Goods (including any applicable VAT, duty and delivery charges).
5.4. Until such time as Bordeaux Index has received payment in full (in cash or cleared funds) for all Goods that Bordeaux Index 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 Bordeaux Index.
5.5. 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 4.8): (a) store the Goods separately from other goods of the Trade Customer and/or keep them in such a way (at no cost to Bordeaux Index) that they can be readily identified as being the property of Bordeaux Index; (b) hold the Goods on a fiduciary basis as Bordeaux Index’ 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 Bordeaux Index for their full replacement value against all risks.
5.6. Until ownership of Goods has passed to a Trade Customer, Bordeaux Index 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 Bordeaux Index behalf, but does so as principal, and provided that the Trade Customer shall hold in trust and pay to Bordeaux Index on demand the proceeds of any such sale to the extent that any sums are owed by the Trade Customer to Bordeaux Index.
5.7. Without prejudice to any other remedy that Bordeaux Index may have, Bordeaux Index may, at any time, revoke the Trade Customer's power of sale under paragraph 5.6 by notice to the Trade Customer if the Trade Customer is in default of payment of any sum whatsoever due to Bordeaux Index , or if any cheque (or other negotiable instrument) drawn by the Trade Customer in favour of Bordeaux Index is dishonoured on presentation for payment, or if Bordeaux Index has bona fide doubt as to the solvency of the Trade Customer.
5.8. A Trade Customer's power of sale under paragraph 5.6 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, compulsory or voluntary liquidation or a receiver is appointed over all or 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 Bordeaux Index in writing without delay if any of the events specified in this paragraph occurs.
5.9. Upon the revocation of the Trade Customer's power of sale under paragraph 5.7 or its automatic cessation under paragraph 5.8, all amounts payable in respect of all Goods supplied shall become due and payable to Bordeaux Index immediately whether or not such amounts are then due and payable.
5.10. Each Trade Customer grants Bordeaux Index , 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 Bordeaux Index has title or, where the Trade Customer's power of sale has been revoked or ceased, to recover any Goods to which Bordeaux Index has title. Bordeaux Index may dispose of the recovered Goods so as to discharge any sums owed by the Trade Customer to Bordeaux Index. The rights of Bordeaux Index set out in this paragraph 5.10 shall remain in full force and effect notwithstanding termination of the relevant contract with the Trade Customer.
5.11. Bordeaux Index may maintain an action for the purchase price of the Goods notwithstanding that ownership of them has not passed to the Trade Customer.
6.1. Goods are offered for sale under bond, unless otherwise stated.
6.2. For Goods purchased and held in bond for UK home use: the Customer will be liable to pay duty and VAT based on the rates in force when the Goods are taken out of bond and not those prevailing at the time of purchase.
6.3. Duty paid Goods for export must be exported from the UK within 30 days of invoice if collected by the Customer's shipper or 90 days of invoice if shipped by Bordeaux Index, or else UK VAT will be payable by the Customer.
6.4. Any change in duties, tariffs or other taxes which arise because of changes in laws will be the responsibility of the Customer.
6.5. If Goods are being ordered from outside of the UK, import duties, tariffs and taxes may be incurred once your Goods reach their destination. Bordeaux Index is not responsible for these charges and we undertake to make no calculations or estimates in this regard. We recognise that if you are buying internationally the process can be complex and whilst Bordeaux Index will be on hand to guide you with advice and support you should take advice from your own professional adviser because we are not qualified to give advice in these areas. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Bordeaux Index cannot guarantee that the packaging of your Goods will be free of signs of tampering.
7.1. Deliveries to Private Customers including those overseas, are charged at the prevailing rate plus VAT (where applicable). We reserve the right to charge additional delivery costs in the event of a non-delivery caused by your failure to provide adequate delivery instructions and/or your non-availability to receive the delivery.
7.2. Any indication as to when an order of Goods will be delivered is an estimate only. Such estimates are given in good faith and we will use our reasonable endeavours to meet them. We do not accept liability for any failure to deliver at the estimated time. En primeur wines will not be dispatched until after the date on which such wines become physically available to us.
7.3. Delivery of the Order will be completed when we deliver the Goods to you, a nominated third party or into Reserves (the 'bonded' warehouse operated by our third-party partner), as appropriate.
7.4. The quantity of any consignment of Goods as recorded by us on despatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide evidence to the contrary.
7.5. All Trade sales are sold ex-Octavian Colerne. Onward delivery charges, duty and VAT will be charged as appropriate upon shipment. Bordeaux Index may be able to facilitate delivery outside of the UK depending on destination and required timeline.
7.6. Any Goods (whether sold to Private Customers or Trade Customers) not collected within one month of release date will be stored in our private customer reserves at the prevailing cost per 4.5 litre case (covers all cases up to and including 4.5 litres, or the equivalent of 6 regular bottles) per month. Any cases above 4.5 litres and up to and including 9 litres (the equivalent of 12 regular bottles) will be charged at the prevailing rate (plus VAT if applicable) for a full case rate per month. Charges will be billed every six months for Goods which remain in our customer reserves or earlier if Goods are removed from Reserves.
7.7. For Goods (whether sold to Private Customers or Trade Customers) not collected within one month with a market value of more than £8k per bottle (per 750ml) you agree that additional storage fees will be payable. These additional fees are set out on our Website and may change from time to time. Additional storage invoices will be raised in line with clause 7.6.
8.1. In the unlikely event that the Goods do not conform with your Order you must notify us within seven (7) days of delivery or collection or as soon as reasonably practicable. We will replace any Goods or credit your account with the value of the original purchase price if we assess them to be inherently faulty. Please note that we do not warrant taste or drinkability of Goods and in view of the nature of wine we do not provide refunds for corked wines. Where you have bought several bottles of wine from the same vintage and you consider the wine is faulty (other than being corked) upon opening one bottle, it is your responsibility to ensure that you mitigate any loss by keeping the remaining bottles intact and in their original packaging until we inform you whether or not we require you to return them to us. We reserve the right to charge you for any additional bottles opened by you.
8.2. Claims for breakages will only be allowed if the Customer notifies Bordeaux Index as soon as possible (and, in any event, within 7 days) after delivery. The Customer must retain breakages and accompanying packaging for examination by Bordeaux Index or its agent.
8.3. Private Customers have the right to withdraw from a Contract for Sale entered into with Bordeaux Index within 14 days following the day on which the Goods come into their physical possession, if the Goods are being delivered within 30 days of the transaction. In this context, you may cancel either part of or a whole Order. However, Goods placed into Reserves have no such right of cancellation. Please refer to pt 16.11 for similar confirmation that LiveTrade transactions are only cancellable if the Goods are for imminent delivery, and please refer to pt 29 for full Event Terms and Conditions including cancellation policy.
8.4. To exercise the right of withdrawal, a Private Customer must give written notice to Bordeaux Index by emailing us at [email protected] or by writing to us at The Manufactory, 22-24 Torrington Place, London, WC1E 7HJ.
If a Private Customer withdraws from a contract, Bordeaux Index shall reimburse to the Private Customer all payments received from it, including any costs of standard delivery (but not collection), 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'.
8.5. If you cancel an Order for Goods but we have already despatched the Goods to you, we will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to us, we will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to us. This will not affect your refund for the Goods themselves. We will refund any charges for standard delivery but will not refund any charges paid in addition to our standard delivery charges for non-standard or enhanced delivery.
8.6. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of inappropriate storage and/or unnecessary handling by you. You are only liable for any diminished value of the Goods resulting from the inappropriate storage and/or handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods. We may also make a deduction from the reimbursement for loss in value of any Goods supplied where (i) this affects the bonded/duty status of the goods; or (ii) our ability to prove the chain of provenance in those Goods is broken as a result of their supply to you.
8.7. We will make the reimbursement using the same means of payment as you used for the initial transaction.. Refunds on payment cards will be made to the payment card used for the original purchase after deducting 5% of the invoice amount to cover our costs, including charges by your payment card company. This does not affect your statutory rights.
8.8. For Customers who have purchased wine ‘en primeur’, once we have issued an Order acknowledgement, pro-forma invoice or invoice for these Goods you are unable to cancel your Order unless we expressly agree to this at our discretion. For a request to cancel an en primeur Order to be considered, it must be received within seven (7) days of the Order being placed.
9.1. Your obligation to pay our storage charges for Reserves will commence on the date we have agreed to store the stock. Storage charges will be raised in line with clause 9.6. In order to place stock in our storage facility you will need to notify us:
i. when agreeing to buy the Goods, where you opt for us to store Goods you have bought from us; or
ii. in any other case in advance of sending the stock to us for storage, in which case we will supply you with a booking-in reference. Should any stock arrive without a booking-in reference we reserve the right to refuse receipt of stock into our storage facility.
Prior to sending stock not purchased from us for storage you must provide copies of the original invoices as evidence of the in-bond values. We do not accept for storage mixed cases or loose bottles purchased from third parties without our prior written agreement.
9.2. Unless we have agreed to arrange for collection of the stock you will be responsible for sending the stock to us. You will also be responsible for insuring the stock in transit unless we agree to collect them. We reserve the right to apply a collection charge if we collect stock on your behalf.
9.3. If Goods purchased from us are not collected or delivered within 30 days of the later of the date of the invoice or of the Goods becoming available for collection or delivery you agree that we will place the Goods into storage and these storage terms will apply. Please note that we will not inspect stock when sent to us for storage. We will not take any steps to verify that the stock delivered/stored match the details of those first provided by you nor accept any liability for the authenticity, provenance, quality or condition of any stock bought from third parties when placing them in our storage facility or while storing the stock. If you have purchased the Goods from us and we have agreed to store them on your behalf then we will arrange for them to be delivered to and placed in our storage facility.
9.4. Bordeaux Index's records will distinguish the ownership of Reserves from the ownership of Bordeaux Index own trading stock. Bordeaux Index will require any Customer instructions pertaining to dealing with Reserves to be confirmed in writing before acting on those instructions.
9.5. You agree and acknowledge that our storage facility is owned and operated by a third party in a facility where the temperature and humidity conditions are appropriate for the storage of fine wines.
9.6. Our storage charges for Reserves are set out on our Website and may change from time to time. UK storage is available to our customers through our storage subscription service and charges for UK storage will be made in accordance with clause 9.7 below. We will invoice you for our storage charges in arrears every six months for the storage periods of 1 January to 30 June and 1st July to 31st December each year. Our storage charges will be calculated and charged on the basis of a rate for each 4.5 litres (or part thereof) plus VAT (where applicable) per six month period, unless we take storage of your stock within the last 30 days of such six month period (in which case no charge is levied for that period). Any stock placed in storage during the first five months of a six month charging period will be subject to a charge of a full six months for that period; however, any stock removed from storage at any point during a charging period will be subject to a charge of a full six months for that period and accordingly we will not refund any unused portion of a six-month storage charge. Surcharges will apply for any credit cards registered outside the EEA which are used to make payments. Please refer to the My Account page of our Website for details of any surcharges.
9.7. Customers taking advantage of our subscription service benefit from reduced storage charges. UK storage is only available through our storage subscription service. Customers will be required to set up their subscription account with us in advance and provide card payment details which will be securely held in accordance with clause 4.3 of these Terms and our Privacy Policy. Before payment is taken, subscription service customers will be notified by email at least seven days in advance. If you have any queries regarding the amount due to be deducted, please refer to your recent storage invoices which can be found on the My Account page of our Website. If you choose to pause or cancel your subscription service at any point during any six month invoicing period (or before the storage charge is taken) then the subscription service rate will not be applied to any storage fees accrued in that six month charging period and you will be charged at the full rate for storage. You may also be charged at the full rate (at our discretion) if we are unable to process payment on the payment card you have provided. This can occur due to reasons such as incorrect details, insufficient funds , or other payment processing issues. casein such instances, we reserve the right to cancel the original invoice and reissue based on our standard rates. Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand your subscription service will automatically continue and you authorise us (without notice to you, unless required by applicable law) to collect the then-applicable subscription fee and any taxes, using any eligible payment method we have on record for you. For information on our rates please see our Storage page.
9.8 For stock in Reserves valued at more than £8k per bottle (per 750ml) you agree that additional storage fees will be payable. These additional fees are set out on our Website and may change from time to time. Stock in Reserves will be revalued at the beginning of each six month invoicing period and that value will then apply going forward. Your invoice will be adjusted accordingly.
9.10. You agree to discharge the cost of any unpaid storage before removing any stock from Reserves. If we have not yet invoiced for a period of unpaid storage then we will issue an invoice when you ask to remove the stock from Reserves and this invoice will be immediately due for payment. You agree that Bordeaux Index shall have no liability to you whatsoever (including without limitation as to authenticity) following the removal of stock from Reserves.
9.11. For all stock not purchased from Bordeaux Index but transferred for storage within Reserves, the 'unlimited photography' facility only applies if stock is stored for a minimum of 12 months or sold via LiveTrade or eComm Broking. Otherwise, a charge will be added to your invoice when stock is removed from storage. These charges are set out on the Storage page of our Website and may change from time to time.
9.12. Stock transferred to another bonded warehouse will incur a charge which is set out on the Storage page of our Website and may change from time to time. [email protected] will advise the charges if the number of cases being transferred exceeds 30.
9.13. Receival of reworks or mixed cases, defined as any combination of wines within a single case, will incur a processing fee per mixed case set out on the Storage page. This fee is applicable to any order involving the receival, handling or processing of mixed cases. The current processing fee per case of 6 is £30 and per case of 12 is £60. The fee is subject to change, and any updates will be provided on the Storage page. For further information or inquiries, please contact Customer Service at [email protected].
9.14. Unless otherwise explicitly agreed in writing, each request for photographs will be subject to a processing fee of £10.
10.1. You will retain ownership of Reserves, subject always to our rights under clause 4.
10.2. We agree to arrange for your Reserves to be insured against damage, loss or theft at the lower of replacement or market value. In view of the difficulty in assessing the total market value and the market value of individual rarities, Bordeaux Index can only try to ensure that full compensation is recovered in cases of loss. Please note that the insurance will be provided by a third party and will be subject to various exclusions and limitations. We will supply a copy of these exclusions and limitations to you on request. You agree that our liability with respect to any loss you may incur will be limited to such amount as we may recover under our insurance policy.
10.3. You will be entitled to collect any stock from Reserves by giving us at least two full business days' prior notice to be received by us before noon. For high volume or large transfer requests from Reserves we may require more than two business days' notice. All fees and charges owed to us must be settled in full before you will be permitted to remove stock from Reserves. Where stock is held in a bonded storage facility (duty unpaid) you will be required to pay duty and VAT on the wines in order to remove them from the facility. You agree to attend the facility and collect the stock on the date agreed. We may agree, as your agent, to arrange for delivery of the stock to you, in which case you will be responsible for all delivery costs.
11.1. Nothing in these Terms and Conditions shall exclude or limit in any way Bordeaux Index liability for death or personal injury or for fraudulent misrepresentation or for breach of its obligations under applicable law.
11.2. Our liability in connection with these Terms and Conditions is limited to:
i. in the case of loss or damage to Goods, the lower of market value and replacement cost, but in all cases limited to such amount as we may recover under our relevant insurance policy; and
ii. in the case of Reserves, as set out in clause 10.2 above; and
iii. in any other case an amount not exceeding the total fees and charges paid by you for storage in the previous 24 months.
This does not limit in any way our liability to the extent that it may not be excluded or limited as a matter of law.
11.3. We agree to hold and store the stock only and, for the avoidance of doubt, we will not be liable for the state and condition of the wine or spirit including (but not limited to) any change resulting in ullage, maturing, ageing, decomposition or deterioration of the same or of the packaging.
11.4. We are not responsible for advising you about maturation dates or ideal drinking windows for the stock (which are, in any event, subjective).
11.5. We are not liable for any indirect or consequential loss or damage or for any loss of data, profit, anticipated savings, reputation, bargain, opportunity, revenue or business however caused, even if foreseeable.
11.6. We will not be liable for any failure to perform our duties under or in connection with these Terms and Conditions for any reasons which are beyond our reasonable control ("Force Majeure event") nor any loss and/or damage arising from any such Force Majeure event save to the extent that such loss and/or damage is recoverable under our insurance policy. A Force Majeure event may include any failure on the part of our designated warehouse operator or facility which is outside of our control, as well as strikes, lockouts or other industrial action; civil commotion, riot, invasion, war, threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural physical disaster.
11.7. In the unlikely event of a dispute between you and us about your Reserves, we shall rely on the invoices issued to you in respect of any Goods in Reserves purchased from us prior to their transfer to Reserves. For all other stock in Reserves we rely on the information which has been provided to us at the time that stock was stored in Reserves, which shall be final and conclusive.
11.8. If you sell any of your Reserves to a third party you must notify us immediately by post (to the address set out in clause 8.4 marked for the attention of Customer Services) or by email (to [email protected]) of the identity of the third party and confirm whether they wish to continue storing that stock in our Reserves. If the third party wishes to continue storing in Reserves you must:
i. ensure we receive written confirmation from that third party of their intention to continue storing in Reserves and their agreement to these Terms and Conditions; and
ii. confirm the date from which they will be liable for the Storage Charges (as defined in clause 9.6) ("the Transfer Date"). If the third party does not wish to continue storing in Reserves you must give us notice of your intention to withdraw from Reserves in accordance with clause 10.3 and the address of the third party to which the stored stock should be delivered. You will be liable to pay the storage charges (as defined in clause 9.6) until the earlier of the date upon which we receive written confirmation from the third party and are notified of the Transfer Date or the date the stored stock is withdrawn from Reserves.
11.9. Unless we have agreed to arrange for collection of the stock to be transferred into Reserves you will be responsible for sending that stock to us. You will also be responsible for insuring that stock in transit.
11.10. Where we collect stock to be transferred into Reserves, Bordeaux Index does not accept any liability for the stock in transit beyond any insurance protection which may be provided by the relevant external transport provider; it is important to note that such insurance generally only covers outright loss or breakage but not any other damage, and in addition the value covered under such insurance may be capped in value.
11.11. Where you have sent stock to Bordeaux Index, the stock will not be deemed as accepted in perfect condition until inspected and signed off by our warehouse team; specifically any signed point of delivery paperwork will not be deemed as acknowledgement of the arrival of the stock in perfect condition.
An Order to Buy may be placed via our Website. Use of our Website is subject to our Website Terms and Conditions, which can be found on the Website.
13.1. This clause 13 shall apply to all purchases of casks in addition to the Terms and Conditions and if it conflicts with another clause, this clause 13 shall take precedence. All casks are offered for sale under bond out of Scotland (the warehouse on occasion may be the distillery itself). Duty & VAT will be applied at the then prevailing rate to any of the content of a cask removed for UK domestic consumption and will be payable directly to the warehouse storing the cask. If the contents of a cask is removed for export, duty & VAT will be due on arrival in the country to which it is exported at the prevailing rate. It is no longer permitted by law to ship casks of whisky overseas.
13.2. Casks Storage
Unless Bordeaux Index has agreed in writing with the Customer in advance to arrange transfer to an account with a registered HMRC controlled bonded warehouse, where the account holder is in possession of a WOWGR, the Customer authorises Bordeaux Index to act as its agent for arranging safe custody of a cask. Each cask is allocated a unique number which identifies it as Bordeaux Index stock and that number is attributed to the Customer's Bordeaux Index account upon receipt of payment in full. This cask number also appears clearly on the Customer's invoice and provides evidence of the chain of ownership. Storage of a cask will be in an HMRC controlled bonded warehouse located in Scotland. The location will vary depending on the cask(s) being offered. Storage charges will be payable. Bordeaux Index undertakes that a paid for cask will remain the property of the Customer in the safekeeping of the bonded storage operator until sold or withdrawn according to the Customer's written instructions to Bordeaux Index.
For customers in possession of a WOWGR we can arrange transfer to an account with a registered HMRC controlled bonded warehouse. Please contact us to discuss your requirements further.
13.3 Our storage charges for Cask Storage may change from time to time. Any changes to our rates for storage will be communicated in advance to our Customers before the start of the charging period to which they apply. We will invoice you for our storage charges in arrears every twelve months for the storage periods of 1st January to 31st December each year. Our storage charges will be calculated and charged on per 12-month period unless we take storage of your stock within the last 30 days of such 12-month period (in which case no charge is levied for that period). Any stock placed in storage during the first 11 months of a 12-month charging period will be subject to a charge of a full 12 months for that period; however, any stock removed from storage at any point during a charging period will be subject to a charge of a full 12 months for that period and accordingly we will not refund any unused portion of a 12-month storage charge.
Ongoing Cask Storage / Insurance Charges
1. Cask Storage:
• Simple and straightforward at £60 per cask per year.
2. Insurance:
• Billed at 0.4% of the cask purchase value.
3. Administrative Fee:
a. Annual fee of £30 per cask to cover cask administration.
b. This fee includes regular regauging.
c. Additional requests, such as regauges or samples outside the standard window, will be subject to separate charges at the prevailing supplier rates.
d. For specific requests such as reracking or bottling, charges will apply based on the current rates of the warehouse where the cask is stored.
Charges subject to changes over time,
13.4. Cask Insurance
Where Bordeaux Index is arranging for cask storage, we enter into insurance contracts, to which the Customer is not a party, with the intention of ourselves receiving payment of claims, from the insurer, in the event of there being certain categories of physical loss, physical damage or destruction of a cask which is stored in the care of the bonded storage operator. Bordeaux Index accepts liability to you solely to the extent to which those risks are covered by our own insurance. To cover the costs to Bordeaux Index of maintaining this insurance, a charge will be applied to each cask annually and invoiced to the Customer's account. This charge may change from time to time.
Bordeaux Index's liability to the Customer is limited to those risks which are covered under its documented insurance. The purchaser accepts the obligation to request evidence of the insurance from Bordeaux Index and to examine the evidence of insurance and to satisfy itself that such risks as are excluded specifically, or otherwise not covered, are risks which the Customer accepts. The Customer agrees that it will not hold Bordeaux Index liable for losses arising from those risks.
Bordeaux Index limits the extent of its liability in each and every case to the reasonably assessed loss experienced by the Customer.
13.5. Cask Ownership & Title
All casks sold by Bordeaux Index are held under HMRC bonded accreditation (WOWGR). Bordeaux Index maintains a master copy of cask ownership records which it shall only modify on the execution of a Customer's valid written instructions made in accordance with the Terms. All casks are numbered and held in the Customer's name under the Bordeaux Index WOWGR, unless prior arrangement has been made between the Customer and Bordeaux Index for the storage of a cask with a third party warehouse under a private account.
13.6. Cask Delivery & Bottling
Unless otherwise agreed, delivery of a cask shall be to a pre-agreed bonded warehouse facility only, at which point risk of loss or damage to the cask will pass immediately to the Customer upon transfer of ownership.
Please note that it is only possible to deliver bottled stock for home use. The Customer accepts that it is solely responsible for arranging bottling of a cask's contents with a designated third party bottler which satisfies all requirements stipulated by HMRC. Bordeaux Index does not offer a bottling service and has no liability for the bottling of a cask's contents, but may assist a Customer in identifying a third party bottler. For more information please contact our Spirits team.
13.7. Cask Quality Control
As part of ongoing cask monitoring, Bordeaux Index may request photographs and/or samples on a Customer's behalf from its cask suppliers and bonded warehouse operators. The standard size sample is 10cl; costs may vary between warehouse operators. Only one 10cl sample may usually be drawn from a cask in any 12-month period.
Samples may be sent internationally at additional cost; however, there may be some restrictions in your country and duty may be payable. It will be the Customer's responsibility to clear the sample through customs and pay duty as appropriate.
The Customer accepts liability for all costs of procuring samples, including duty and delivery. Due to the nature of individual warehousing, we cannot guarantee a set time frame for providing samples.
13.8 Cask Liabilities
All cask volumes are nominal. Upon sale, the actual volume of spirit contained within the cask when filled will be recorded as close to the point of sale as feasible (within the context of the specific sale) and you will be advised accordingly. Whisky casks are filled with distilled spirit diluted with water in the manner appropriate to whisky maturation. The quantity and purity of spirit is measured as it is put into a cask, allowing for the calculation and recording of Original Litres of Alcohol that the cask contains at the time it is filled. This is the volume of fluid multiplied by the purity.
Thereafter there is some loss of liquid quantity primarily due to evaporation from the cask (the “Angel's Share”) which is necessary to the process of maturation. Consequently, the overall volume of liquid in the barrel reduces with both water and spirit being lost to evaporation at the approximate rate of 2% per year. This may vary depending on prevailing conditions and other factors, all entirely beyond the control of Bordeaux Index. The Customer acknowledges that they will generally own fewer physical litres of alcohol then is described on their account, and that the shortfall increases over time.
Casks for long-term holding periods will not taste the same now as they will in years to come. Bordeaux Index aims where possible to sample casks when offering in order to confirm that they display the necessary attributes for continued maturation, but this is not always feasible in the context of the specific sale, and the Customer acknowledges that such sampling may not have taken place unless explicitly confirmed by Bordeaux Index. We cannot guarantee the quality of the whisky over the duration of maturation and the Customer acknowledges that the progression in profile of the whisky may be unpredictable. The Customer also accepts that there will be variations from cask to cask and distiller to distiller which may further add to the uncertainty around the future profile of liquid in a cask. In addition, the Customer also accepts and understands that within the marketplace, different values will be ascribed to different whiskies and therefore different casks at different points in time.
Customers should be aware that regardless of the reputation of the whisky, it can deteriorate in the cask over time. The Customer agrees that Bordeaux Index shall not be held liable for any change in the taste or condition of the contents of a cask and in the event of any allegation of the same Bordeaux Index shall be under no obligation to offer replacements or offer other compensation of any kind.
14.1 Unless otherwise agreed, and indicated as such on our Purchase Order, all stock sold to Bordeaux Index must satisfy the following condition criteria:
Wine
Spirits
14.2 We may agree to purchase stock which does not satisfy these conditions in one or more respects. In these circumstances, we will highlight all deviations from the above conditions which have been agreed on our Purchases Order. Any of the above conditions which is not specifically modified on the Purchase Order must still be satisfied by the stock you supply to us.
14.3 If you deliver or release stock which do not meet the agreed condition criteria, then we will return them at your cost. We may, at our discretion, offer you the opportunity to supply, without delay, replacement cases or we may exercise our right to cancel the Contract for Purchase and charge a cancellation fee.
14.4 An Order to Sell can be placed by you in a number of ways: directly with Bordeaux Index staff via telephone or in writing via email; or as a result of interactions with eComm Broking or LiveTrade.
14.5 Orders to Sell, once placed, will initially be acknowledged by Bordeaux Index and then subsequently accepted or, rarely, rejected. The process will depend on the channel and is described in the appropriate sections below.
14.6 By placing an Order to Sell, or interacting with eComm Broking or LiveTrade in such a way that may result in an Order to Sell, you agree that you are capable of entering into a legally binding contract and you must be at least 18 years old. All contracts are subject to English law and jurisdiction.
14.7 Contract for Purchase
A Contract For Purchase which incorporates these Terms and Conditions in full will come into existence when we expressly accept your Order to Sell. Please note that an acknowledgement of your Order to Sell by telephone, email or web generated communication does not constitute acceptance of your Order to Sell. Your Order to Sell will be accepted when issue a purchase order.
15.1 - Delivery/Collection: Unless we have agreed to arrange for collection of the Goods you will be responsible for sending the Goods to us. You will also be responsible for insuring the Goods in transit unless we agree to collect the Goods. We reserve the right to apply a collection charge if we collect Goods on your behalf.
15.2 Unless otherwise agreed, goods sold to us should be available immediately and should be sent to us, or made available for collection in a timely fashion without undue delay. A delivery instruction or release instruction, as appropriate, should be issued by the seller within 48 hours of receiving our Purchase Order.
15.3 Payment: We will generally make payment to you only after the Goods have been received by us and inspected at our warehouse. Any deviation from this will be by agreement and will be noted on the Purchase Order.
15.4 Payment of the purchase price to you shall be by either crediting your account with Bordeaux Index or by BACS payment to your bank account; the details of which we hold on file for you. If you would like the proceeds paid into a new account you will be asked to provide written confirmation and various supplemental details, in line with our due diligence obligations.
15.5 Title: In the case of Contracts For Purchase with Private Customers, title to all Goods shall remain with the Customer until all sums due from Bordeaux Index are paid in full.
15.6 Right to Cancel: Bordeaux Index reserves the right to cancel a Contract for Purchase if the Goods supplied by you do not satisfy our condition criteria or if Goods are not supplied within the required timeframe.
15.7 Bordeaux Index may charge you a cancellation fee of up to the greater of 20% of the trade value or actual losses incurred by Bordeaux Index as a result of the cancellation. Losses may include the cost of sourcing suitable replacement stocks and any excess in the price paid for replacements. Costs associated with returning stocks to you following a cancellation will be borne by you.
The following terms and conditions also apply to interactions with, and transactions effected through LiveTrade.
16.1 Website Registration is required to use LiveTrade. You may register by providing us with your full name, address, phone number, email address. Before a Transaction is confirmed you will also be required to provide proof of identity and address and possibly other customer due diligence information. By entering an Offer on LiveTrade, you acknowledge your acceptance of these specific terms and conditions.
16.2. LiveTrade Offers – obligation to supply
By entering an Offer, you are agreeing that an Order to Sell, consistent with the terms of your Offer, will be automatically and immediately placed on your behalf should the Offer be Matched in part or in full. Bordeaux Index will confirm receipt of your Offer and that it has been entered on LiveTrade via an offer confirmation email.
16.3 Offers may be entered in some non-GBP currencies. In this case the price in the non-GBP currency remains fixed and the value in GBP and any other currency will fluctuate.
16.4 If Bordeaux Index subsequently Matches your Offer in part or in full, you will be notified by a Trade Confirmation Email which also constitutes an acknowledgment of the automated Order to Sell which has now been placed by you. The details of this Order to Sell will be in accordance with the details of the matched portion of your Offer. All Matched Offers will show in your online account. If you believe an Offer has been Matched, but have not received a confirmation email and/or the Matched Offer does not show in your online account, then please contact us immediately via email at [email protected]
16.5 Your Order to Sell is only accepted when Bordeaux Index issues a purchase order. The purchase order may be sent at the same time as the Trade confirmation email. At this point a Contract For Purchase immediately comes into existence. The details of this Contract For Purchase will be in accordance with the details of the Order to Sell and will include the stock condition criteria set out in clause 14.1.
16.6 For any stock sold through LiveTrade you agree to send within 24-48 hours of Trade Completion a confirmation from your storage provider that a transfer or release has been instructed.
16.7 In the case of a transfer, you should ensure that stock arrives at a Bordeaux Index warehouse account within 15 working days of Trade Completion.
Bordeaux Index reserve the right to charge a fee of £5 per case (any format) when transferring the stock to us. This covers receiving/handling into our warehouse, inspection and administration.
16.8 LiveTrade also allows Customers to sell stock instantly (where a live Bid exists) using a streamlined entry form. Such a sell instruction is, for the purposes of these Terms & Conditions deemed to be an Offer placed at a level which, by virtue of existing live Bid(s), is Matched instantly.
16.9 Bordeaux Index shall give you access to valuation guides including an estimated market valuation and/or a suggested range of sale prices against each entry on the Portfolio Manager page on the Website. For the avoidance of doubt, unless we agree otherwise, stock held Externally is entered in Portfolio Manager and maintained by the Customer who is solely responsible for maintaining the accuracy of the same.
16.10 Once an Offer has been Matched, you may not remove that stock from sale. As the seller, you are free to cancel or amend your Offers on LiveTrade at any time prior to Matching by logging onto LiveTrade via your account on the Website
16.11 The Consumer Contracts Regulations does not apply to cancelled purchases of wine via LiveTrade unless the purchase relates to wine to be delivered within 30 days.
By entering a Bid, you are agreeing that an Order to Buy, consistent with the terms of your Bid, will be automatically and immediately placed on your behalf should the Bid be Matched in part or in full by Bordeaux Index. Bordeaux Index will confirm receipt of your Bid and that it has been entered on LiveTrade via a bid confirmation email.
17.1 Bids may be entered in some non-GBP currencies. In this case the price in the non-GBP currency remains fixed and the value in GBP and any other currency will fluctuate.
17.2 If Bordeaux Index subsequently Matches your Bid in part or in full, you will be notified by a Trade confirmation email which also constitutes an acknowledgment of the automated Order to Buy which has now been placed by you. The details of this Order will be in accordance with the details of the Matched portion of your Bid. All Matched Bids will show in your online account. If you believe a Bid has been matched but have not received a confirmation email and/or the Matched Bid does not show in your online account, then please contact us immediately via email at [email protected]
17.3 Your Order to Buy is only accepted when Bordeaux Index takes payment or issues an Invoice. At this point a Contract for Sale immediately comes into existence. The details of this Contract for Sale will be in accordance with the details of the Order to Buy.
17.4 LiveTrade also allows Customers to buy Goods instantly (where a live Offer exists) using a streamlined entry form. Such a buy instruction is, for the purposes of these Terms and Conditions deemed to be a Bid placed at a level which, by virtue of existing live Offer(s), is Matched instantly.
Whilst we have sought to employ failsafe measures, errors may occur including, but not limited to, technical errors and input errors. If a Trade Completes and any detail of the Transaction in our reasonable opinion deviates significantly from the prevailing market norm, then this is deemed to be an obvious error and the Transaction is void. We will inform you as soon as possible and offer you the option of an amended Transaction. If we are unable to contact you, you agree that we may treat the Transaction as cancelled without any liability to you.
18.1 Your Bordeaux Index account manager or other staff member may agree to load Bids and/or Offers onto LiveTrade on your behalf according to your written, verbal or emailed instructions. While every effort will be made accurately to reflect your instructions, it remains your responsibility to check that Bids and Offers loaded on your behalf are correct and Bordeaux Index no liability for errors. This can be done by reference to the acknowledgment emails or via your online account.To the extent applicable, the relevant terms of clause 15 shall apply to all LiveTrade sales.
For any Goods purchased through LiveTrade the delivery timeframe is as stated in the relevant Offer and noted on the match confirmation email. The delivery timeframes are accurate estimates but may on occasion vary due to circumstances outside of Bordeaux Index’s control.
All stock sold through LiveTrade must meet the conditions set out in clause 14.1 and clause 14.2 and 14.3 shall apply.
These are set out in clause 8.3 of our General Terms and Conditions.
23.1 Some products are not eligible to trade on LiveTrade but may be sold via eComm Broking in a process called Listing. The following additional terms and conditions apply to interactions with, and Transactions effected through eComm Broking. By Listing your goods on eComm Broking you acknowledge your acceptance of these additional terms and conditions.
23.2. Bordeaux Index shall give you access to valuation guides including an estimated market valuation and a suggested range of sale prices against each entry on the My Portfolio page on the Website. For the avoidance of doubt, unless we agree otherwise, stock held Externally are entered in My Portfolio and maintained by the Customer who is solely responsible for maintaining the accuracy of the same.
23.3. If you List a complete case of wine on eComm Broking it will be sold as a whole and not split, except with your prior approval. If you List loose bottles or bottles in an incomplete case on eComm Broking you agree that the bottles may be sold individually. When Listed, your stock will be visible on the Bordeaux Index stock list and Website and marketed in all relevant offers via our London, Hong Kong, Los Angeles and Singapore offices.
23.4. When you List stock via eComm Broking you will be informed of the net proceeds which would be paid to you in the event of a sale at the Listing Price according to the prevailing eComm Broking terms associated with your account. You agree to Bordeaux Index selling your stock at a price which differs from the Listing Price provided your net proceeds are no less than the net proceeds indicated at the time of Listing. You acknowledge that Bordeaux Index has the exclusive right to sell your Listed stock and no further confirmation is required from you prior to Bordeaux Index selling your stock.
23.5 If any of your stock is sold, an Order to Sell is deemed to have been placed by you, and a confirmation email will acknowledge this Order. From this point, you may not remove the Goods from sale. The provisional net proceeds stated in this confirmation will be no less than that those indicated for the relevant Goods at the time of Listing. Bordeaux Index will subsequently issue you with a purchase order which confirms acceptance of this Order to Sell.
23.6 As the seller you are free to request that your stock be removed, i.e. delisted, from eComm Broking at any time prior to confirmation of a sale. If you wish to delist any stock from eComm Broking prior to sale or alter the quantity of stock for sale or the Listing price, please do so by logging into your account on the Website or by sending instructions by email to [email protected]
23.7. eComm Broking: Errors and Omissions
While we have sought to employ failsafe measures, errors may occur including, but not limited to, technical errors and input errors. If a Trade Completes and any detail of the Transaction in our reasonable opinion deviates significantly from the prevailing market norm, then this is deemed to be an obvious error and the Transaction is void. We will inform you as soon as possible and offer you the option of an amended Transaction. If we are unable to contact you, you agree that we may treat the Transaction as cancelled without any liability to you.
23.8 eComm Broking Logistics – sales to Bordeaux Index
To the extent applicable, the relevant terms of clause 16 shall apply to all sales via eComm Broking.
23.9 eComm Broking Logistics – purchases from Bordeaux Index
For any wines purchased through eComm Broking the delivery timeframe is as stated at the time of purchase and noted on the confirmation email.
23.10 eComm Broking Stock condition – obligation on sellers
All stock sold through eComm Broking must meet the conditions set out in clause 14.1 and clause 14.2 and 14.3 shall apply
24.1 Bordeaux Index provides Portfolio Managertool online as a way for our Customers to track their wine and spirits holdings (whether or not in Reserves) and interact with the Bordeaux Index’s services, such as LiveTrade.Portfolio Manager is available to our Customers for use without charge. Bordeaux Index remains the owner of all intellectual property, including without limitation the underlying software and data inputted by you, in Portfolio Manager you have no intellectual property rights in or to Portfolio Manager. Customers should regularly refer to the FAQ section of Portfolio Manager for further terms regarding the use of Portfolio Manager , which Bordeaux Index may update from time to time.
24.2 The Customer is solely responsible for the accuracy of the data in their Portfolio Manager account (other than for Goods, which data is automatically populated by Bordeaux Index) and you acknowledge and agree that Bordeaux Index shall not be in any way liable for data not inputted by Bordeaux Index, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, quality or any other aspect thereof. You further agree and acknowledge that Bordeaux Index may rely on such third party data and treat any transactions based upon it as legitimate transactions, subject to the Terms and Conditions.
24.3 My Portfolio provides indicative valuations which is calculated from a wide set of proprietary and public data to give the most accurate and dynamic pricing available. It is shown on the Bid side of the market, reflecting expected proceeds [AD1] / net value to you on sale. Valuations are rigorously determined but there may be occasions on which they are based on older datapoints and therefore we urge caution when making trading decisions. As set out in our Terms and Conditions, Bordeaux Index and LiveTrade cannot be held responsible for any trading outcomes related to the valuations.
25.1. We reserve the right to alter these Terms And Conditions at any time. Any such changes will take effect when posted on our Website. Upon registration on our website you will have agreed to these Terms and Conditions. It is your responsibility to read the Terms and Conditions on each occasion the Website is used or goods are ordered. Your use of the Website or your agreement to place, retain and remove wines in storage with us shall signify your acceptance to be bound by these latest Terms and Conditions.
25.2. If any provision of these Terms and Conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
25.3. No provision of these Terms and Conditions shall be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
25.4. No delay in exercising or non-exercise by Bordeaux Index 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.
25.5. These Terms and Conditions shall be governed by the laws of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction in relation to the subject matter thereof and any disputes relating to the same.
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Bordeaux Index Giveaways and Competitions
28.1 Instagram Giveaways - We regularly offer our followers and fans on Instagram the chance to win products from selected partners, please see our full terms and conditions below.
i. To participate in one of Bordeaux Index's promotions, users must comply with the terms as explained in the Giveaway post.
ii. Winners are always picked at random and contacted via Instagram.
iii. There will be 1 winner who will be selected at random, after the promotion deadline (as detailed within the Giveaway post 1) above. Entries made after this point will not be accepted or counted.
iv. Each promotion is open to residents from countries as specified in the Giveaway post. Bordeaux Index employees, all contractors and families or anyone directly connected with the organisation, and operators of its brands are excluded from any promotion.
v. The prize is advertised on the Instagram giveaway.
vi. If you are the lucky winner, you will need to provide your email address, contact phone number and home address as instructed at the time of being announced as our winner to enable us to deliver the prize to you. You will be contacted via the platform that you entered.
vii. We reserve the right to provide an alternative prize of lower, equal or greater value in the event of unforeseen circumstances.
viii. No purchase is necessary, however you will need an internet connection and access to Instagram. No refund may be claimed for expenses incurred in participating in the promotion, including in relation to data charges or the use of the internet.
ix. We reserve the right to exclude any entries which we believe to be inappropriate, fraudulent or based on misconduct.
x. The prize is non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part.
xi. The winner will have 48 hours to provide us with their details in order to claim their prize from the date that they are announced as a winner. After this time, we reserve the right to select a new winner.
xii. Our decision is final and no correspondence will be entered into.
xiii. By taking part in this promotion, all participants consent to us collecting, storing and using the personal data submitted with their entry for the purposes of this promotion.
xiv. Any personal data relating to participants will be used solely in accordance with applicable protection legislation and will not be used for marketing purposes without the individual's prior consent.
xv. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You are providing your information to Bordeaux Index. By participating in this promotion you agree to a complete release of Instagram from any claim.
xvi. Bordeaux Index reserves the right to withdraw or amend without notice this promotion in the event of any unforeseen circumstances outside of its reasonable control.
xvii. This promotion is subject to Instagram's terms of services which can be found at: https://help.instagram.com/581...
29.1. These terms and conditions (“Terms”) set out the terms on which any person may purchase and use a ticket to attend an event (“you” or “your”).
29.2. By purchasing or being issued with a ticket, you and any other person who receives a ticket purchased by you, agree to be bound by and accept these Terms and, in addition, agree to be bound by and comply with any event-specific rules or additional terms notified to you prior to your purchase of a ticket.
29.3 If there is any inconsistency between these Terms and any other terms and conditions applicable to an event, then these Terms will prevail (unless the other terms are expressly stated as overriding these Terms).
TERMS OF PURCHASE
29.4. Tickets reserved, but not yet paid for, will be held for 48 hours pending payment, but may then be released for resale generally.
29.5. Tickets for an event must be purchased with the sole intention of being used by you and your invited guests (“Guests”) only.
29.6. You may gift your tickets to an event to a Guest provided that:
i. you notify and inform them that the tickets remain subject to these Terms;
ii. the Guest is known to you personally, such as your family and friends, and it is for their personal use only;
iii. the gift takes place in consideration of no payment or benefit which is in excess of the face value of that ticket; and
iv. you shall be responsible for the conduct of your Guests and their compliance with these Terms.
29.7. Save as expressly set out in these Terms, tickets are non-refundable and cannot be exchanged or transferred. You shall not, and your Guests shall not, offer to sell a ticket, expose a ticket for sale, make a ticket available for sale by another person and/or advertise that a ticket is available for purchase other than to the extent expressly permitted to do so in accordance with these Terms.
29.8. All rights conferred to you by a ticket, including the right to attend the applicable event, shall be immediately cancelled if you fail to pay any sums owing to us in respect of that ticket.
29.9. All tickets shall remain the property of Bordeaux Index Limited at all times.
29.10. All tickets must be used in accordance with these Terms. You may be refused admission to or ejected from an event without refund or compensation if you and/or any Guest are in breach of the Terms.
29.11. Any ticket obtained or used in breach of these Terms shall be automatically void, and all rights conferred or evidenced by such ticket shall be immediately cancelled. If you or a Guest seeks to use a ticket in breach of these Terms in order to gain entry to an event, you and they shall be a trespasser and may be refused entry to the event.
29.12. You must not use tickets for an event as prizes in promotions, hospitality or travel packages, auctions, sweepstakes, fundraising, raffles, lotteries or competitions (including charity auctions, lotteries or competitions) without our prior written consent.
REFUNDS & CANCELLATIONS
29.13. We reserve the right, acting reasonably, to cancel, reschedule and/or close an event at any time (for, example, due to security concerns, government regulations or for any other reasonable cause as determined by us) and the same shall not be a breach of these Terms.
29.16. We do not refund any tickets to an event except as specified below.
29.17. If an event is cancelled or rescheduled by us then you shall be entitled to a refund of the face value of the ticket to the cancelled event.
29.18. If you are entitled to a refund under these Terms, as an alternative to a refund, we may offer you tickets to a different event or a rescheduled event. If you do not choose either of these alternatives, you will still be entitled to claim for a full refund in accordance with these Terms.
29.19. If you have not been contacted by us and believe you are entitled to a refund, then you must apply for a refund within 14 days of the date you became entitled to that refund. Failure to do so means that you shall not be entitled to any refund.
29.20. Our lability for cancellation, rescheduling or finishing early an event (in whole or part) shall be limited to providing you with tickets to a different event or a rescheduled event or providing you a refund in accordance with these Terms and we shall have no further liability to you or any other ticket holder in relation to any other losses, costs or expenses, including without limitation, the costs of any travel, accommodation or other arrangements made by you in connection with an event.
PERSONAL DATA
29.21. When you purchase a ticket for an event and attend an event, we will process your personal data. For information about how we process your personal data please see Bordeaux Index Limited's Privacy Policy.
GENERAL
29.22. Your purchase and possession of a ticket for an event does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the ticket.
29.23. We reserve the right to change any event date and any schedule of events if we determine it reasonably necessary and we shall provide you with notice of any change to the extent it is reasonably practical to do so and paragraph 15 shall apply.
29.24. You acknowledge that we cannot guarantee the availability of any event to which your or any tickets relates due to events or circumstances outside of our reasonable control.
29.25. We reserve the right to change these Terms from time to time if we have a valid reason to do so (for example, to comply with any applicable law or new regulatory requirement or to ensure that we are able to monitor the capacity of an event). If we make changes to the Terms in accordance with this provision, we will post the revised Terms on our website and update the “Last Updated” date at the top of these Terms.
29.26. If a change we make to these Terms materially alters the event or your rights and obligations hereunder, you shall be entitled to a refund or exchange of your tickets in accordance with these Terms, provided that you notify us within 14 days of us notifying you of the updated Terms.
29.27. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
29.28. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
29.29. These Terms, and any dispute or claim arising out of or in connection with them, are governed by English law.
29.30. If you are a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of our place of business in England. If we wish to enforce any of our rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.