UKV INTERNATIONAL AG – TERMS AND CONDITIONS
Purchase of Wine, Champagne or Whisky and or related Services
The following words and expressions have the meaning.
Bonded Warehouse: means a UK HMRC regulated bonded storage facility which is used to store wine, champagne or whisky stock Under Bond in a controlled (In Duty Suspense) environment.
Client: means the Customer, You, or Your, and refers to the purchaser or private individual giving the instruction to purchase stock.
Company: means UKV, Our, We, Us, UKV International AG.
Conditions: means and refers to these Terms and Conditions (and any additional Terms or Conditions agreed between you and UKV International in writing).
Contract: means the contract between you and UKV International for the purchase or procurement and supply of wine, champagne or whisky, and related services.
Delivery: means the date the stock is delivered to a bonded facility by the Supplier, UKV International or Duty Representative as provided for in these Conditions.
Escrow Company: means an independent Company registered with the FCA (Financial Conduct Authority) for the provision of payment services, that provides a secure payment facility to handle all payments for purchases made by UK private Clients over £5,000.00 to UKV International AG.
Payment: means the receipt of ‘Cleared Funds’ into the Escrow providers bank account to the full value of the stock purchased.
Service: means UKV International will act as your agent and or negotiator to procure stock for you in accordance with your selection and instruction.
Stock or Goods: means wine, champagne or whisky offered to you the Client.
Stock Reservation Form: means the Purchase Order for the stock or service issued by the Company in accordance with your purchase instruction.
Supplier: means the person, persons, merchant or trader that supplies wine, champagne or whisky stock to or on behalf of UKV International AG.
1.1 By signing and returning this Stock Reservation Form, you confirm your instruction to purchase stock as described in this Stock Reservation Form.
1.2 A Contract will only be formed once we receive confirmation by the Escrow Company that AML checks are satisfactory and complete, and ‘Cleared Fund’ are held within their escrow account. Once confirmed, your instruction can be formally accepted and we shall be bound by these Terms of Business, issue conformation of your purchase and instruct the Bonded facility to transfer the stock to a HMRC Duty Representative or your private Bonded Warehouse account. (Note: transfers can take up to 120 days, subject bonded facility type and transfer location)
1.3 UKV International reserves the right to decline instructions by third party representatives, regardless of any relationship to you, or if this party is the beneficiary of the goods purchased.
1.4 Due to the nature of the stock, once you return a signed Stock Reservation Form and the Escrow Agreement is accepted by the escrow company a contractual undertaking is made by both parties. We undertake to supply stock as described at
the price stated, and you undertake to purchase the said stock. This does not affect your statutory rights or rights under the Consumer Protection Act.
1.5 By giving instruction to purchase you agree to hold such stock for a minimum period of 5 years in bond, unless being removed for personal consumption.
2.1 Cancellations must be in writing and received at our main place of business within 7 working days. Upon receipt of any such notification we will inform the escrow company to return your payment in full. (The purchase of investment grade fine wine, champagne and whisky is not subject to cancellation rights under Distant Selling legislation).
2.2 Where the goods are not held in stock, we will order and purchase the stock from a supplier as soon as is reasonably possible following receipt of a signed UKV Stock Reservation Form, and confirmation from the escrow provider of ‘cleared funds’ being held against your order, in any event, no later than 28 days following receipt of funds by the escrow provider of the full payment to the total value of the stock or services.
2.3 Due to the limited availability of some stock, we may need to acquire stock from a third party, it is therefore possible for the availability or price of the stock to change between the time of issuing the Stock Reservation Form and submitting an order to a supplier. In this event, we will notify you and offer you an alternative stock of the same quality as substitute stock or a full refund should you prefer.
3.1 We will notify you of Delivery Date as soon as we receive written confirmation of delivery of stock from the supplier into our or a custodian bonded facility.
3.2 We undertake to pay all freight, carriage, insurance and other costs for delivery of the stock from the Supplier to a secure Bonded Warehouse or facility.
3.3 Where delivery instruction is not to a bonded warehouse where UKV holds a bonded trade account, UKV may make an additional charge for this delivery.
3.4 UKV shall be excused for any delay or failure to deliver stock within the contractual time scale caused by the occurrence of Force Majeure. For purposes of this Contract, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by, or under the control of the Party claiming Force Majeure.
4. STORAGE AND REMOVAL
4.1 Your stock will be delivered to an UK HMRC regulated Bond or bonded facility which compiles to industry standards for the long-term storage within a secure controlled environment for wine, champagne or whisky.
4.2 You are directly responsible for the storage and insurance costs for your wine, champagne or whisky stock held within the bonded warehouse following transfer of the stock to your private bond account. Payment for this facility is charged
annually in advance and invoiced to you personally by the bonded warehouse at the prevailing rate as per their terms and conditions.
4.3 The risk of any damage or loss to the goods will pass to you at the time the stock is delivered into your private bond account and you will become personally responsible from this time for insuring the goods against damage or loss.
4.4 Premier Clients will be reimbursed in full for the cost of all annual storage and insurance for any stock purchased through UKV International AG on receipt of a paid invoice from the bonded warehouse detailing the charges and stock being held in bond by a UKV Premier Client.
4.5 Should the stock be removed at any time upon your request, you will be liable for any costs personally attributed to such handling, transfer, transport or removal.
4.6 Should the stock be lost or damaged at the Bonded Warehouse whilst covered by our insurance, prior to transfer to your own private bond account, UKV will pay the lower of the replacement value or the market value for the lost or damaged stock, or offer a replacement of the stock where possible.
5. TITLE & DOCUMENTATION
5.1 Title of stock will pass to you immediately following the purchase of the goods from the Supplier and or on receipt of Payment in full to the escrow company.
5.2 The bonded warehouse will provide you with a receipt of wine stock once received at the Bonded Warehouse and transferred in your private bond account.
6.1 Unless otherwise stated all stock is offered “In Bond” in Pounds Sterling per case and exclusive of VAT and Import Duty.
6.2 Should you wish to remove your stock from Bond you will be liable for the payment of HMRC Duty and VAT to the Bonded Warehouse based on the purchase price.
6.3 All stock prices are determined in-house and subject to a commercial mark-up and purchase premium. This includes sourcing, transportation and delivery, based on availability, demand and global market average prices. We acknowledge the same wine, champagne or whisky may be available elsewhere at a lower or higher price. (for wine and champagne, see winesearcher.com.)
7. LIABILITY & WARRANTY
7.1 UKV International do not give any warranty, make any representations, or give any undertaking as to:
(a) the suitability of the stock for any purpose whether for consumption or as an asset for you or otherwise;
(b) guarantee or predict the future value of the stock, if chosen as an investment this choice is at your sole discretion;
(c) to resell Client’s stock within a period of 5 years, or undertake to sell stock purchased through UKV International, with the exception of the sale of any Income Generating Portfolio (IGP) stock, which may be sold in part from time to time at the discretion of UKV International AG;
(d) sell stock within the period of 5 years from the date of purchase regardless of circumstances, estate, or succession planning.7.2 UKV International warrants that:
(a) we will only utilise or recommend suitably qualified and reputable third parties to provide Bonded Warehouse facilities;
(b) we will ensure the insurance described in these Conditions is provided by reputable insurers;
(c) we will perform the Service described in these Terms and Conditions with reasonable skill, care and diligence;
(d) will transfer ownership or beneficial ownership to the person or persons as per any legal instruction to meet estate planning or succession that may be in place, but not sold under that new ownership as per clauses 1.1 and 7.1 (d).
7.3 Our total aggregate liability to you for claims arising out of loss, damage or in connection with the Contract shall not exceed the price paid by you for the stock which gives rise to such claim or liability.
7.4 Except as set out in these Terms and Conditions we will have no liability to you arising out of this Contract, whether the liability arises in contract, tort (including negligence) from statute or otherwise.
8. GOVERNING LAW
8.1 The Contract between you and the Company will be governed by and interpreted in accordance with law in Switzerland. These Terms and Conditions form our Terms of Business with specific reference to the purchase of goods, stock or services. Additional Terms and Conditions apply to the sale or resale of wine, champagne or whisky for or on behalf of a client or third party, which are available on request.
UKV International AG is a Swiss based registered limited by shares company, with commercial offices at Bahnhofstrasse 21, 6300 Zug, Switzerland. UID CHE-457.831.213 – Commercial register number CH-170.3.040.275-6