Terms and Conditions

Collecting or accepting delivery of our products confirms that you accept these Terms and Conditions.

1. Availability and Returns

All products are sold subject to availability. Goods are not sold on a “sale or return” basis and therefore cannot be returned to the Vendor once delivery has been accepted, unless otherwise agreed by the Vendor.

2. Pricing

Prices shown in any price list are subject to change at any time without prior notice. Any increase in excise duty or similar charges will entitle the Vendor to increase prices accordingly for affected goods. The customer must notify the vendor of any price query within seven days of placing the order or being notified of the final price, whichever is later after which the customer is deemed to have accepted that price.

3. VAT

All prices quoted are exclusive of VAT unless stated otherwise.

4. Payment Terms

Payment for all goods and services is due immediately upon purchase unless alternative terms have been agreed in writing by the Vendor. Customers with approved account terms must pay within the agreed credit period, calculated from the invoice date.

5. Overdue Accounts

If any account remains unpaid after the due date, payment for all invoices relating to goods delivered or collected at any time (including after the overdue date) shall become immediately due.

Payments for products and services must be made in cleared funds with the order unless a credit period has been agreed in writing. Where credit terms apply, payment must be made in full, in one amount, on or before the final day of the agreed credit period (the “Settlement Date”).

Without prejudice to the Vendor’s right to pursue all outstanding sums after the Settlement Date, the Vendor reserves the right to:

5a. Charge interest at a rate of 4% above the Bank of England’s base rate on all outstanding sums from the Settlement Date until payment is received in full.

5b. Withdraw and recover any discounts applied to standard trade prices. All discounts are conditional upon payment being made before the Settlement Date.

6. Retention of Title

Ownership of the goods remains with the Vendor until full payment has been received. Until that time, the Purchaser shall hold the goods in a fiduciary capacity for the Vendor.

In the event of non-payment by the due date, the Vendor (or its agents) shall be entitled, without prejudice to any other rights, to enter any premises where the goods are held and recover possession. Where goods have been sold on but not paid for, the Vendor may recover similar or identical goods in substitution.

6a. Payments received without clear remittance advice will be allocated to the oldest outstanding invoice.

6b. Any bank charges or deductions incurred during payment are the responsibility of the sender. The full invoice amount must be received by the Vendor without deduction.

7. Inspection of Goods

All goods must be examined at the time of collection or delivery. Any visible loss or damage must be clearly noted on the relevant collection or delivery documents signed by the Purchaser.

8. Loss or Damage in Transit

The Vendor accepts no liability for loss of or damage to goods in transit unless the Purchaser:

8a. Retains all packaging materials relating to the damaged goods for inspection.

8b. Endorses collection or delivery documents with details of any visible loss or damage and:

  • 8b(i). Notifies the Vendor (and where applicable, the independent carrier) in writing of any claim for shortages, loss or damage within 24 hours.

9. Conditions of Sale and Use

9a. Resale
Goods purchased for resale must only be sold in the condition supplied or as prescribed by the Vendor. All labels, capsules, corks, stoppers, and packaging must remain intact and must not be altered, removed, or tampered with prior to consumption by or serving to consumers without the Vendor’s written consent.

9b. Licensed Premises
Goods purchased for consumption on licensed premises must be sold from, or in, the container and condition supplied by the Vendor. This clause does not restrict the decanting and sale by open carafe of wine purchased in bottle.

10. Contractual Terms

Any conditions the Purchaser seeks to impose shall not form part of the contract with the Vendor. No Purchaser requested or proposed variation to these Terms and Conditions shall be valid unless agreed in writing by the Vendor. No employee or agent of the Vendor has authority to agree verbally to any variation.  The Vendor reserves the right to update or amend these Terms & Conditions at any time. Any changes will take effect upon publication on the official website, where the latest version will be available and a copy can be provided upon request.

11. New Accounts

Prospective customers must complete the Vendor’s customer registration form and comply with reasonable due diligence requests. Once satisfactory evidence is received, standard credit terms may be granted. Immediate collection or delivery may be arranged on a payment-with-order basis.

12. Governing Law

This agreement shall be governed by and construed in accordance with the laws of England and Wales.

Definitions

Throughout this document:

  • “The Vendor” refers to Millennium Cash and Carry Ltd.
  • “The Purchaser” refers to the customer of the Vendor.