- Introduction
1.1 Welcome to Amber And Vine Ltd Ltd, located at 5 Brayford Square London E1 0SG. By placing an order with us, you agree to comply with and be bound by these Terms and Conditions.
- Acceptance of Terms
2.1 By using our services and placing an order, you confirm that you have read, understood, and accepted these Terms and Conditions. Acceptance of these terms can occur in two ways: either by signing the invoice or by completing full payment of the invoice. Your acceptance indicates agreement to be bound by all terms outlined here.
- Definitions
3.1 “We,” “us,” or “our” refers to Amber And Vine Ltd Ltd.
3.2 “You” or “your” refers to the customer placing an order.
3.3 “Goods” refers to high-end spirits, casks, and related products.
- User Responsibilities
4.1 Customers must provide accurate information for order processing and complete all required Anti-Money Laundering (AML) checks as outlined in section 28. Failure to do so may result in the delay or cancellation of the order.
- Order Process
5.1 Orders can be placed over the phone or online.
5.2 Upon acceptance of your order, we will issue an invoice. Customers must indicate their preference for delivery or storage by ticking the appropriate box on the invoice.
5.3 Orders are subject to availability and may be cancelled or modified at our discretion.
5.4 Stock Availability
If the stock you have ordered is unavailable, we reserve the right to offer an alternative product of equivalent value or quality. If no suitable alternative is available, we will notify you and discuss other options, including potential order cancellation or waiting for the stock to become available. Any changes to the order will be communicated to you, and you will have the opportunity to accept or reject the proposed alternative.
- Payment Terms
6.1 Full payment is required upon receipt of the invoice.
6.2 Payment methods accepted include VISA, Mastercard, AMEX, or bank transfer.
6.3 Late payments may incur additional charges.
6.4 If partial payments are made, Amber And Vine Ltd reserves the right to cancel or delay the processing of the order until full payment is received. Any unpaid balance after 14 days may result in the cancellation of the order and forfeiture of any deposit paid.
- Storage and Delivery
7.1 If you purchase a cask of cognac, it must be stored in France to comply with the Bureau National Interprofessionnel du Cognac (BNIC) regulations. Casks purchased are required to remain in storage for at least three years from the purchase date to ensure compliance with aging and provenance standards. While Amber And Vine Ltd will arrange storage, all ownership rights and responsibilities for the cask, including potential losses due to evaporation or other risks, remain solely with you, the customer
7.2 All bottled cognac purchases may be delivered to a UK address; however, this will incur additional delivery and tax costs, which are payable by the customer. Alternatively, bottled cognac can be stored in France to comply with taxation and provenance requirements. All goods stored in France will be held in an account under the customer’s name, and Amber And Vine Ltd will have no access to those goods.
7.3 If the goods purchased are already in a bonded warehouse in the UK, we can facilitate the transfer of stock to the customer’s bonded warehouse account. This process will be subject to compliance with all relevant regulations and may incur additional fees, which will be communicated to the customer prior to the transfer.
7.4 Home Delivery
7.4.1 We offer home delivery within the UK for our products. Delivery fees vary based on location, size of the order, and any special handling requirements. These fees will be included in your invoice and are payable by the customer.
7.4.2 Once full payment is received, we aim to dispatch orders within 7 business days. Estimated delivery times will be provided with each order, but please note that delivery times may vary due to factors beyond our control, such as courier delays or peak seasons.
7.4.3 You are responsible for providing accurate delivery information and ensuring someone is available to receive the delivery. In cases where delivery cannot be completed due to incorrect address information or unavailability, any redelivery costs will be borne by the customer.
7.4.4 Please inspect your goods upon delivery. If any products are damaged, defective, or incorrect, notify us within 5 days of receiving the goods. If you fail to report any issues within this period, we may be unable to process refunds or replacements.
7.4.5 Risk in the goods transfers to you upon delivery to your specified address. However, ownership will only transfer upon receipt of full payment. It is your responsibility to ensure the safe storage of the goods once delivered.
7.5 Any goods stored in France or in a bonded warehouse, whether casks or bottled spirits, will be considered as delivered to the customer once stored. The customer assumes all responsibility for the goods once they are stored, and any applicable storage fees or risks associated with the goods will be their responsibility. Amber And Vine Ltd will not be liable for any changes in market value, condition, or quantity of the goods after they are stored.
- Returns and Refunds
8.1 Due to the nature of our products, we do not accept returns or offer refunds unless goods are defective or damaged upon arrival. If approved, refunds will be processed via the original payment method within 5 business days of receiving confirmation
- Distance Selling Regulations
9.1 In accordance with the Distance Selling Regulations, you have the right to cancel your order within 14 days of receipt of the goods without giving any reason. To exercise this right, please notify us in writing or via email within this period. However, please note that this right does not apply to sealed goods that have been unsealed after delivery, such as high-end spirits, due to health and safety reasons.
- Future Value of Goods
10.1 While we strive to provide high-quality products, we cannot guarantee the future market value or resale value of any goods purchased through us. The value of spirits can fluctuate based on a variety of factors beyond our control, including market demand, scarcity, and potential regulatory changes. Customers should understand that purchases may be subject to these market variables and are encouraged to make buying decisions with this in mind.
10.2 Disclaimer: Nothing in these Terms and Conditions constitutes legal, tax, financial, or investment advice. We encourage all customers to seek independent professional advice before making any purchasing decisions, particularly if those decisions are based on potential future value or resale opportunities.
- Buying Stock from Customers
11.1 We may offer to buy stock from customers. If you wish to sell stock to us, please contact us for details on the process and any applicable terms. All sales will be subject to the same AML checks and requirements as purchases.
11.2 All stock purchases will be evaluated based on the current market value and the condition of the stock. Applicable terms may vary depending on these factors, and customers will be informed of any specific requirements before proceeding with the sale.
- Future Sale of Stock
12.1 We endeavor to facilitate the future sale of stock purchased through us. While we will make reasonable efforts to assist in selling your stock, we cannot guarantee the timing or success of any sale.
- Limitation of Liability
13.1 To the fullest extent permitted by law, Amber And Vine Ltd shall not be liable for any indirect, special, or consequential damages arising from the use of our products or services. Additionally, we are not liable for any losses incurred by buying and selling goods through us.
- Indemnification
14.1 You agree to indemnify and hold Amber And Vine Ltd harmless from any claims, damages, losses, or expenses, including legal fees, arising from your purchase, storage, or resale of goods obtained through us.
- Intellectual Property
15.1 All content, trademarks, and other intellectual property on our website and in our communications are owned by or licensed to Amber And Vine Ltd. You may not use, reproduce, or distribute any of our intellectual property without our prior written consent.
- Privacy Policy
16.1 We are committed to protecting your privacy. Please review our Privacy Policy, which can be found on our website at www.amberandvine.com, for information on how we collect, use, and protect your personal data.
- Age Verification
17.1 By placing an order, you confirm that you are at least 18 years old (or the legal drinking age in your jurisdiction). We reserve the right to request proof of age and to refuse service to anyone who cannot provide it.
- Third-Party Sales
18.1 If you choose to sell your goods through third-party platforms or individuals, you assume all responsibility for ensuring compliance with all relevant laws and regulations governing such sales. Amber And Vine Ltd shall not be liable for any issues arising from these transactions, and we encourage you to conduct due diligence when selling your products outside our services.
- Customer Feedback
19.1 We welcome your feedback and suggestions about our products and services. However, any comments, ideas, or feedback you provide may be used by us without any obligation to you.
- Customer Acknowledgment
20.1 By placing an order, you acknowledge that you have had the opportunity to ask questions regarding these Terms and Conditions and that you understand and accept them.
- Force Majeure
21.1 Neither party shall be liable for any delay or failure to perform obligations under these Terms and Conditions due to circumstances beyond reasonable control, including natural disasters, governmental actions, transportation or communication failures, or health-related restrictions. In such cases, we will inform you of any expected delays and make all reasonable efforts to fulfil our obligations as soon as feasible.
- Severability
22.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
- Waiver
23.1 No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and any failure of Amber And Vine Ltd to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
- Changes to Terms and Conditions
24.1 We reserve the right to amend these Terms and Conditions at any time. Any changes will be communicated to you in advance, and continued use of our services after such notification constitutes acceptance of the revised terms.
- Governing Law
25.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
- Contact Information
26.1 For any questions or concerns regarding these Terms and Conditions, please contact us at:
Post: Amber And Vine Ltd Ltd, 5 Brayford Square London E1 0SG
Email: contact@amberandvine.com
Phone: 0203 800 0260
- Angel’s Share
27.1 When purchasing casks of cognac, whisky or rum customers acknowledge that due to the natural evaporation process known as the angel’s share, a portion of the spirit may be lost during storage and aging.
27.2 The amount lost to the angel’s share can vary depending on factors such as the type of cask, storage conditions, and duration of aging.
27.3 Amber And Vine Ltd cannot guarantee the exact volume of cognac that will remain in the cask after the aging process, and customers accept this potential loss as a normal aspect of cognac maturation.
- Know Your Customer (KYC) Compliance
28.1 To comply with legal requirements and ensure the security of transactions, Amber And Vine Ltd conducts Know Your Customer (KYC) checks for all customers.
28.2 As part of our KYC process, we may request certain documents and information to verify your identity and assess potential transaction risks.
28.3 Customers are required to complete KYC checks before any transaction can be finalized. We reserve the right to pause or cancel any orders pending completion of the KYC process.
28.4 Failure to provide requested KYC documentation, or providing inaccurate or fraudulent information, may result in order cancellation, refusal of service, or reporting to relevant authorities as required by law.
28.5 All personal information and documentation collected for KYC purposes will be handled securely in compliance with our Privacy Policy and applicable data protection laws. We are committed to safeguarding your information and using it solely for compliance and verification purposes.
- Dispute Resolution
29.1 In the event of a dispute arising from or relating to these Terms and Conditions, both parties agree to attempt resolution through negotiation. If unsuccessful, either party may propose formal mediation before pursuing further legal action. If mediation is unsuccessful, the parties agree to resolve the dispute through arbitration in accordance with the laws of England and Wales.
