This Site is operated and owned by Top Wine Limited, registration no. 07399424. Your access to the site and use of the Site is subject to these Terms and Conditions. Use of the Site indicates you accept these Terms and Conditions.
The Site is available only to, and may only be used by, individuals who can form legally binding contracts and purchase alcohol under their applicable law. If you do not qualify, please do not use our services.
We do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment, for example; your name and address is given to the courier. In this case, the third party may be able to provide their own privacy policy.
Sales literature, price lists and other documents will be issued by us in relation to the Products at the point of sale.
An Order placed by you may not be withdrawn cancelled or altered prior to acceptance by us.
Any typographical, clerical or other accidental errors or omissions in any sales literature, quotations, price lists, acceptance of offers, invoices or other documents or information issued by us shall be subject to correction without any liability on our part.
When confirmation of your order is sent to you, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice.
The specifications for the Products shall be those set out in our sales documentation unless varied expressly in your Order and accepted by us. The Products will be supplied in the units we specify. Illustrations, photographs or descriptions issued by us are intended as a guide only and the contents shall not be binding on us.
An Order can be made by submission of an Order request to Top Wine Limited. This Order does not form a contract between us. Please send in your order enquiry to enquiries@topwinespirits.com
Top Wine Limited reserves the right to reject or amend any Order(s) made in its absolute discretion for any reason, including in the event of unavailability. Receipt of any Order by Top Wine Limited is not effective until it is confirmed and accepted in writing by way of email, by Top Wine Limited to you. Upon transmission of that email a contract is formed between us, an invoice raised and subject to payment by you of the invoiced amount, we are obliged to provide the Product to you in accordance with these Terms and Conditions.
Orders that have been accepted by Top Wine Limited may not be cancelled by you. Without limitation, we may cancel any orders placed by you at any time prior to delivery for any reason, for example; if our suppliers are unable to fulfil the Order, in which case we will provide you with a full refund on all amounts paid. We shall have no other liability or responsibility to you in the event of cancellation and we shall not be liable to pay you interest or any other amount.
We are not obliged to accept orders from any customer or buyer who has not supplied us with references satisfactory to us or those who do not meet the anti-money laundering requirements.
An invoice issued to you will include Top Wine Limited’s Bank Account Details. You are invited to make all payments via a bank transfer.
You must pay for storage and insurance as agreed in the sales documents. You will be notified as and when your subsequent storage and insurance payments are due. You will be required to pay all duties and taxes, which attach to the delivery of the product, including but not limited to custom and excise duties and Value Added Tax (VAT). You are solely responsible for obtaining customs clearance for the import of the Products.
Freight rates, Port surcharges and other incidental charges are not included in the purchase and must be paid by you promptly upon request by us.
We shall endeavour to comply with the delivery and shipping instructions given by you with your order but we reserve the right to make part shipments and to ship by vessels of our choice from any port in the United Kingdom or elsewhere.
All payments shall be made to us in the currency that we specify without any deductions, credit or offset whatsoever.
The cost of pallets and returnable containers will be charged to you in addition to the price of the products, but full credit will be given to you provided they are returned at your expense undamaged to us.
Products may be sent directly to you from any country or warehouse of Top Wine Limited’s choosing. Payment for the Products shall be made by the method designated by Top Wine Limited.
Top Wine Limited reserves the right, by giving notice to you at any time before delivery of the products, to increase the price of the order to reflect any increase in the cost to Top Wine Limited, which is due to any factors beyond the control of Top Wine Limited (such as, without limitation, any foreign exchange fluctuations, currency regulations, alteration of duties, significant increase in the costs of transportation), any change in delivery dates, quantities or specifications for the order which is requested by you, or any delay caused by instructions provided by you or the failure to provide by you to Top Wine Limited. You will be obliged to make payment of such amounts immediately on demand by Top Wine Limited and in any event prior to shipping of the product.
You must be legally able to form binding contracts to purchase a product. This means you must not register for the service if you are under 18 years of age or unable to purchase alcohol in the country in which you reside, bankrupt, or under any type of insolvency, administration or other insolvency event, personal or company.
Please email us on enquiries@topwinespirits.com to register your interest.
You must not use false or misleading information in registering or using the service and you must update your details should they change. We are not responsible for any loss or damage (including misdirected deliveries or notifications) that may occur because you have not provided us with up to date, accurate or complete information.
You must notify us immediately if you become aware of any unauthorised use or other security breach, which we may consider relevant.
You permit us to send you notifications by email of the status of any delivery, a copy of your invoice and any other marketing or promotional events and offers. We will refrain from sending you marketing related materials, including special offers, if you tell us you do not wish to receive these communications when you complete your registration. We may additionally request that you participate in customer feedback from time to time so that we can improve our services to you.
In providing information we accept no liability for any loss or damages incurred if you do not receive any notifications by us to you, for whatever reason.
You may decide that you no longer wish to do business with us in writing or by emailing us. Your account will be closed once you have paid everything you owe to us in cleared funds and all transactions have been completed.
You authorise Top Wine Limited to arrange safe storage of your product with or through the relevant supplier. Top Wine Limited confirms to you that the product stored under the agreement is allocated on a product by product basis. All products are kept in Bonded Warehouses of the relevant supplier.
Top Wine Limited undertakes that your product will not be subject to any kind of lending, collateral, hypothecation, or derivative transaction of any type and will remain your property in the safekeeping of the supplier, or their third party bonded warehouse operator, until sold or withdrawn according to the instructions received by you via Top Wine Limited. Request to release products from Bonded Warehouses must be made through Top Wine Limited and at no point directly with the warehouse.
All purchases made by you are to remain in bonded warehouses listed under our Excise Warehousing Registered Owners of Duty Suspended Goods Held in Excise Warehouse Registration Certificate (EX63A).
You are responsible for the payment of storage and insurance of the Product from the time it is ordered. We will advise you of the associated costs at the point of order. If a Product you purchase is to be delivered by Top Wine Limited to a place nominated by you, the risk with such item will pass on to you on delivery.
The terms for product withdrawals are the same for both Trade and Non-Trade users except where noted below. A Trade user is defined as a person or entity authorised under HMRC’s Warehouse-keepers and Owners of Warehoused Goods Regulations [WOWGR].
Applicable to all users:
To make physical withdrawals you will be required to provide reliable forms of identification, address verification and, depending on the amount being withdrawn, professionally certified source of funds and source of wealth declarations (for which evidence may be required).
You understand that you cannot claim withdrawal directly from a bonded warehouse operator. Your right to withdrawal is to be effected through Top Wine Limited who have the means and responsibility for identifying you reliably.
Upon withdrawing your product you accept that you may lose anonymity where these transactions are monitored by appropriate authorities.
Applicable to Non-Trade users:
You have the right of withdrawal of your product. Your wish to withdraw your product will invoke Customs and Excise Duty, VAT and or any other associated charges such as bottling, stoppages and delivery charges. Customs and Excise Duty and VAT are subject to the current Tariffs at the point of withdrawal. You will also be liable for any Government listed charges even where they are not on the Tariff.
Upon withdrawing your product you accept that you will become liable to such taxes, which you would otherwise not become liable for, and you permit Top Wine Limited to collect some or all of this money from you in its entirety prior to executing your instruction.
Applicable to Trade users:
As a trade customer, you are invited to supply proof of regulatory requirements including and not limited to a copy of your WOWGR (EX63A), AWRS Number or details of your Customs and Excise Duty Representative. Subject to satisfactory compliance and upon completion of your purchase the title of the product and all responsibilities, financial or otherwise, will be transferred to you.
We will retain title on all products sold by us until all sums due are paid in full and in cleared funds. For non trade customers you will need to inform us whether you wish to store the products with us or to take possession. Please note that when we store products on your behalf we will assign the product to your name, however the product will remain in our custody.
Any delivery date specified by Top Wine Limited is approximate only, and we shall not be liable for any delay in the delivery of the Products. The Products may be delivered in advance of the delivery date specified. Top Wine Limited is not responsible for late delivery by the courier company.
If you fail to take delivery of the Products or fail to give us adequate delivery instructions at the time stated for delivery, we may:
– Store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
– Sell the Products at the best price readily obtainable and charge you for any shortfalls below the price paid by you and the cost of sale.
Unfortunately we are unable to provide a refund or exchange in respect of any Product Ordered. All amounts paid to us are non-refundable. All amounts payable to us must be paid in cleared funds.
You must inspect all Products on delivery or on collection as the case may be.
We shall be under no liability for any damage or shortages that would be apparent on reasonable careful inspection.
To minimise cost and disruption to operators, bottling will take place not less frequently than 3 times a calendar year (at approximate 4-month intervals), unless prior arrangements are made with Top Wine Limited. In the event of bottling, 70cl bottles will be delivered as full crates, plus — where appropriate and possible — odd further bottles. Amounts insufficient to fill a bottle will be lost to you. Bottles will be appropriately labelled in accordance with the relevant regulations.
Top Wine Limited will exercise authority over bottle labeling and packaging and will abide by guidelines set by the Scotch Whisky Association and or any other associated regulations.
As a trade customer, you undertake not to bottle any product using any proprietary trademark or distillery name you do not have rights to on any packaging, label or advertising materials, unless permission has been granted by the trademark owner or original distiller prior to bottling. You shall use your reasonable endeavours to ensure that any subsequent owner of the product also adheres to these undertakings.
As a trade customer once an order has been accepted by us, you will not be able to cancel the order.
Consumers’ right to Cancel under the Consumer Regulations
If you are a consumer you have a right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Regulations”) and the following terms explain how to cancel an order and the effect of cancellation:
You have a right to cancel your order within 14 days without giving any reason unless you have purchased any pre-ordered products. The cancellation period will expire after 14 days from the order date.
To cancel your order you must inform us by email: enquiries@topwinespirits.com of your decision to cancel in clear statements.
To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effect of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose an enhanced delivery option).
We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay and not later than 14 days after the day we receive back from you any products supplied, or if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
You shall send back the products without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us. You will have to bear the direct cost of returning the products. You will be liable for any diminished value of the products resulting from the handling.
If you wish to contact us please email enquiries@topwinespirits.com or write to us at:
Top Wine Limited
80 Kingston Road,
London,
SW19 1LA