Terms and Conditions

1. Contract

 

These terms and conditions (“T&C’s”) apply to all sales of wine and other goods, either by:

• Uvae Holding Limited (“us”) or;

• 3rd Party Sellers on our Market Place (“seller”)

to you the customer (“you”), unless and until these terms are changed by written agreement between us.

 

Placing an order on our website does not establish a contract. The contract is formed only when we accept your order, process payment, and, if applicable, dispatch the order for delivery. We retain the right to decline any order and are not obligated to accept it.

 

If we issue an invoice to you without pre-authorizing payment through a debit or credit card, immediate payment will be required. While the issuance of an invoice signifies acceptance, we are not obliged to deliver or provide the wines until the invoice is fully settled.

 

We strictly adhere to the policy of not selling or delivering alcohol to individuals who are, or appear to be, under the legal drinking age of 18. By placing an order, you confirm that you are at least 18 years old. We reserve the right to refuse delivery if we have doubts about the age of the recipient.

 

All products are subject to availability. If a product is unavailable at the time of your order, we will contact you to discuss alternatives, make different arrangements, or provide a refund.

​

2. Market Place

 

The Market Places enables you to buy wines directly from other Uvae Mercatori customers.

 

Market Place is defined as wine marked as such and made available for sale on uvae-mercatori.com by 3rd Party sellers. The description on the individual product page will also state: “Client Owned Wine”.

 

• In Market Place transactions, Uvae Holding Limited acts as Agent to facilitate transactions between sellers and customer.

• At no point does Uvae Holding Limited own the goods.

 

These additional T&C’s are only applicable when the wine has been made available by a seller on our Market Place:

• Seller have agreed to participate in these terms and conditions.

• Sellers pay a commission + VAT, but there is no fee for buyers. 

• Each seller sets the price of wines they choose to sell on Market Place, so the price of wines may fluctuate. 

• Wines sold on Market Place are already Duty Paid and there is no VAT reclaimable.

• Uvae Holding Limited, will not alter the nature or value of the goods supplied by the Seller.

 

3. Prices

 

All prices stated on this website are per bottle and include UK VAT, except for those In Bond or labelled as "Market Place," which are exempt from VAT as explained in section 2.

 

While we make every effort to ensure the accuracy of pricing information on this site, there may be occasional errors or mispriced goods. If we identify a pricing error, we have the discretion to contact you and inquire whether you prefer to cancel the order or proceed with the corrected price. Alternatively, we may inform you that we have canceled the order. We are not obligated to provide goods at an incorrect price.

 

We retain the right to modify prices, offers, products, and product specifications at our discretion prior to accepting your order. If there is a specified end date for any offer on the website, it is meant as a reference only. Uvae reserves the right to change prices at any time.

 

4. Payment

 

Our standard procedure is to process payment when an order is placed. For in-person or phone orders, payment is due upon receiving an invoice.

 

Regarding late payment, if the requested payment is not received by the due date, we have the right to charge interest on the overdue amount. The interest rate will be 5% above the base lending rate of the Bank of England., compounded daily. It must be paid along with any other debt collection charges incurred.

 

For non-payment of any invoice, we reserve the right to retain any wines you have ordered. This includes wines from other invoices or services. We may refuse to release the wines until full payment for your order has been made.

 

Title ownership of all wines sold by us will remain with us until all amounts due from you in respect to your order have been paid in full. This includes wines stored in our facility, whether duty paid or in bond. In the event of an outstanding debt, we reserve the right to take possession and sell the stored wines to settle the debt. You will gain title ownership of the wines if you have paid us in full and the wines are physically in your possession.

 

If any amount remains unpaid, we may suspend or withhold any delivery or collection. If an invoice remains outstanding for more than 30 days, we may send written notice to the invoice address. At our discretion, we may treat the order as cancelled and proceed with section 5, which covers defaults.

 

5. Default

 

In the event that any amount is owing from you to us (whether that amount arises under these terms of sale, our storage terms or otherwise, then you agree that we will have the right to purchase any of your wines which are held by us at a price governed by these terms in satisfaction of your liabilities. We will then be free to sell or otherwise deal with the wines.

 

In order to exercise our right to purchase wines we hold for you to satisfy your liabilities to us we will send written notice to your last known invoice address of our intention to purchase the wines. Seven 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 wines which are held by us.

Upon purchasing the wines, we will credit you with 80% of the market value of the relevant wines (the “credit amount”). Market value will be assessed based on our list prices or by making reasonable enquiries and will be assessed on the date which falls seven days after the notice referred to above is sent by us.

 

We will set the credit amount off against any sums you owe to us (including any interest owed). 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. After we have credited you with the credit amount we will hold title to the relevant wines and we will be free to dispose of those wines at our discretion and we will not be required to account to you for any further sums received by us for those wines.

 

If any balance remains outstanding owing to us after we have purchased the wines and credited the credit amount to you then the balance shall remain payable by you.

 

Our right to purchase wines 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 wines, and given the existence of fluctuating demand and prices for wines the above terms are reasonable.
 

After we have purchased wines in accordance with this clause you will remain liable for any amount that remains outstanding, and interest will continue to accrue at the rate of 5% above the base rate of the Bank of England applicable for the given period.

 

6. Storage and Delivery

 

For orders of all items the estimated delivery window will be confirmed during the checkout process. We will do everything we can to meet or improve on this timeframe however we accept no liability for goods which fail to arrive within this window due to circumstances which we consider to be beyond our control.

 

If multiple unsuccessful delivery attempts are made and re-dispatch is required we reserve the right to pass on the cost of redelivery. When purchasing wines from us you will need to choose whether to store the wines with us via the contact us section of our website or take delivery of the wines.

Where you opt for us to store the wines on your behalf then our storage terms will apply. Please note that when we store wine on your behalf we will assign the wine you have purchased to your name but the wines will remain in our custody.

We may, at your request and as your agent, arrange for delivery of the wines to you but where you are dealing with us in the course of a business we will not be liable for any failure on the part of the carriers selected.
 

If wines purchased are not delivered and you have not opted for us to store the wines on your behalf within three months of the date on which we issued an invoice for the wines to you then we will assume that storage is required and our storage terms will apply and we will be entitled to make a reasonable storage and administration charge at our standard rates applicable at the relevant time in relation to the wines.
 

Please note that if you fail to pay our storage and administration charges then our right to sell the wines as set out above will apply.

When selecting the wines or other goods from our price list we try to ensure that they will remain available throughout the life of the list. However, some items will inevitably go out of stock and we therefore reserve the right to select and deliver to you a substitute (of equal or higher value) to the wine you have ordered, to avoid delay in the delivery of orders. If we are unable to supply a particular item, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.

 

Storage Information

• Both duty paid wine and in-bond wine are stored with LCB. 

• ​We charge an annual storage fee of £15 per case of 12 bottles. Storage for 6 is pro rata.

• On ordering, if storage is selected, you will be charged the remainder of the year.

• For example, if you place an order on the 15th January you will be charged storage from the 1st of February to 31st March at checkout.

• Annual storage is billed April to March. 

• We do not offer application of pro-rata refunds for early withdrawals of wine stored in bond.

• We are able to transfer stock into numerous other professional In Bond storage facilities for a fee of £15 for the first case. Each additional case thereafter will be charged at £2. Please contact us after checkout. In Bond transfers remain in duty and VAT suspense. 

​

Delivery

• GB Delivery Only,

• Orders are fulfilled using our partners DHL, DPD, FedEx, RoyalMail Group, UPS or LCB.

• UK estimated delivery times and costs are detailed at checkout, or if already in storage by contacting us. 

• Each order can only be sent to one address. If you want to deliver to multiple addresses, you will need to create a separate order for each one. 

• If tracking is available, details of which will be shared via email.

• Some UK orders are taken out of their original cases and repacked in delivery cartons for safe transit. If you would like the original cases (if available) then please contact us to arrange.

​

Incorrect, Missing, Broken or Damaged Goods

• If your purchase is incorrect, missing, broken or damaged in transit please photograph the contents, retain the parcel and contact us.

 

 

7. Inspection, Acceptance, returns or Cancellation 

 

You agree to inspect all wines purchased from us on delivery or release.

We strongly recommend that you inspect the wines within 14 days of collection, delivery or release to you and you agree to notify us immediately of any defect, damage, or shortage in, or to the wines.
Please be aware that multi-case orders can become separated.

 

If you are a business customer then once an order has been accepted by us in accordance with clause 1 above then you will not be able to cancel the order.

 

We will provide a full refund or replacement for any products that are faulty. This does not affect your statutory rights.

 

We may require faulty bottles to be returned to us. We will arrange this as necessary at your convenience.

 

If your order receives damage while being transported under our control, this should be reported to us at the first possible opportunity and no later than 48 hours after the order was received. Photographic evidence and a written description of the breakage will be required in order to an assessment of whether a refund is due.

 

Consumers’ right to Cancel under the Consumer Regulations. If you are dealing with us as a consumer you have a right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Regulations”) and the following terms explain how to cancel and the effect of cancellation:

 

• You will have a right to cancel your contract for the purchase of wines within 14 days without giving any reason.

• The cancellation period will expire after 14 days after the day on which the wines are made available to you. The wines are made available to you:

  • on delivery, or, in all other cases;

  • 21 days following acceptance of your order.

• To exercise the right to cancel, you must clearly inform us via email: enquiries@uvae-mercatori.com of your decision to cancel this contract.

 

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 wines 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 wines supplied, or 14 days after the day you provide evidence that you have returned the wines, or- If there were no wines 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 you 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 wines back or you have supplied evidence of having sent back the wines, whichever is the earliest.

 

You shall send back the wines without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the wines before the period of 14 days expires.

 

A collection charge of £15 applies for cancellations within the UK.

 

You are only liable for any diminished value of the wines resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the wines.

• Right to cancel the order applies from the collection date.

 

If returned wines are not in a saleable condition, a re-delivery fee may also be charged.

 

At Uvae Mercatori, we prioritize customer satisfaction and aim to resolve any issues with faulty products or cancellations promptly and fairly.

 

8. Nature of Wines

 

If you are a consumer then we warrant that the wines purchased from us will be of satisfactory quality. If you are a business then we confirm that we have made reasonable endeavours to ensure that wines sold by us are of satisfactory quality.

 

We do not warrant taste or drinkability of wines purchased as drinkability and taste are subjective judgements.

With respect to older or high-value wines we will make reasonable efforts to verify the provenance of such wines but we cannot guarantee the authenticity or quality of the wine in the bottle. Older products may age and mature in different ways which may not be to all tastes, and some wines may deteriorate in quality. Opinions as to authenticity and provenance will vary and in many cases even following scientific testing and detailed research it is not possible to establish the authenticity or provenance of a given wine definitively.

We regret that given the nature of the wines we sell we do not provide refunds for corked wines.

 

Where wines are not (in our opinion) in perfect condition then the wines will be sold at a discount and we will supply a condition report together with photographs and such other information as may be available to us and it will be your decision whether or not to proceed with the purchase based on this information.

 

Where you have purchased wines from us then you accept that these wines may be subject to defects, imperfections, shortages, damage and normal wear and tear. You accept that wines will be in the condition to be expected having regard to their age, provenance and nature or where we have notified you of any such condition or defect.

 

We do not accept liability for minor or inconsequential defects or imperfections.

 

We may provide provenance information to you which has been given to us by our supplier however we are not able to research, test or verify this information. We cannot and do not warrant any such statements.

 

You accept that given the nature of wines these terms are reasonable in all the circumstances.

 

9. Liability

 

When it comes to liability, Uvae Mercatori operates under the following terms:

• Our liability in any circumstances relating to the sale of wines is limited to the purchase price paid by you for the wines. This limitation of liability also extends to the provisions outlined above. 

• Uvae Mercatori will not be held responsible for any personal damage, injury or loss of life caused by a product purchased from us. 

• We shall not be held liable for any indirect or consequential losses or damages, including lost bargain, lost profit, lost reputation, or loss of anticipated savings.

• We do not assume liability for any issues or damages arising from the onward sale of wines by you or any other party.

 

10. Complaints

 

Please use the contact us section of our website.

 

11. General

 

We reserve the right to alter these terms and conditions at any time. Any such changes will take effect when posted on our website. It is your responsibility to read the terms and conditions on each occasion the website is used or products ordered. Your use of the website or your agreement to place wines in storage with us shall signify your acceptance to be bound by these latest terms and conditions.

 

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.

 

We will not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.

 

These terms and conditions shall be governed by the laws of England and Wales and you agree to the exclusive jurisdiction of the courts of England and Wales.