Terms & Conditions

Busi-Jacobsohn is registered in England and Wales (10888811) and our registered office is Busi-Jacobsohn Wine Estate, Blackdon Farm, Eridge Green, East Sussex, TN3 9HX.

Definitions

We use a variation of terms within these Terms and Conditions, for complete clarity, we’ve detailed what meaning each has:

• “the Company” (Us, Our or We) means Busi Jacobsohn;
• “the Purchaser” (You, Your or They) means any person, firm, company or organisation from whom or from which the Company accepts an Order to supply Goods;
• “the Goods” means any product or service provided by Buci Jacobsohn and included in the Order
• “the Order” means the order placed by the purchaser on Buci Jacobsohn
• “working day” is 0800 to 1700 Monday to Friday, excluding bank holidays and public holidays.

1. Application of conditions

1.1 These terms and conditions prevail over any inconsistent terms and conditions contained, or referred to, in the confirmation of order, promotional materials, or any other documentation supplied.

1.2 Until we process your order and take payment, there will be no contract of any kind between you and us. Until we have taken payment, we may decline to supply the Goods to you without having to give a reason. Please ensure that you check our order acknowledgement once you receive it so that you can check the goods ordered and delivery method are correct. Please inform us within 24 hours of placing the order if there are incorrect details. You can contact us via phone or email. After this, a contract will come into existence between us and you, and your order will be fulfilled, and goods will be delivered.

2. Delivery

2.1 The price of delivery shall be quoted on the website and the acknowledgement of order and shall be part of the total price quoted, except where the purchaser is placing an order at our premises and has agreed to take the goods away at that time.

2.2 We will deliver the goods anywhere in the United Kingdom (including Northern Ireland, the Highlands, Scottish islands, the Isle of Man and the Scilly Isles). Delivery will be made to the address specified by you at the time of placing the order. We reserve the right to make delivery in instalments. If we elect to do this, there will only be a single delivery charge.

2.3 Delivery will normally take place within 3 working days, and unless it is otherwise agreed in writing, the purchaser shall not be entitled to cancel the order in whole or in part on the grounds of delayed delivery howsoever caused, nor shall the purchaser be entitled to claim damages or compensation. Ifwe are unable to make delivery within 3 working days, we will contact the purchaser and keep the purchaser updated accordingly.

2.4 If the purchaser is not available at the time of delivery, our delivery agents will leave the goods in a safe place, provided that the purchaser has provided such instructions to us at the time of placing the order. Alternatively, our delivery agents will leave a card requesting the purchaser to arrange a more convenient delivery time.

2.5 All Goods must be signed for on delivery by an adult aged 18 years or over (please see clause 4 for further information). If no one of that age is at the address when the delivery is attempted, the goods may be retained by the delivery agent, in which case the delivery agent will leave notification of attempted delivery and will telephone to rearrange or will return later that day. In these circumstances, if wemust re- deliver the goods, a further delivery charge may become due and payable by the purchaser.

2.6 We reserve the right to use any method of transport for delivery, and the goods shall be at our risk during transit.

2.7 A clear receipt for the goods shall be enough evidence that the goods have been delivered in good condition.

3. Prices and payment

3.1 Details of the goods we offer, along with the price, quantities, discounts and delivery details can be found on our website.

3.2 All prices quoted on our website, marketing materials or publications are subject to alteration or withdrawal without notice, are quoted in pounds sterling, and may be per bottle or per case.

3.3 If the purchaser is purchasing the goods in accordance with clause 2.1, payment will be due and payable at the time of placing their order.

3.4 If the purchaser is purchasing the goods in accordance with clause 2.2, prices quoted or stated in any acknowledgement of order form are based on costs prevailing at the date of quotation or confirmation, and if between that date and the date on which the goods are despatched variations occur to such costs, either by a rise or fall, we reserve the right to amend the prices and invoice the goods at our prices current on the date of despatch.

3.5 All prices are quoted inclusive of VAT and other applicable taxes relating to the sale or delivery of the goods, unless specified otherwise.

3.6 Delivery charges shall be in addition to the price quoted per bottle or per case.

3.7 Unless otherwise agreed in writing, payment shall be made by net cash within thirty days of the date of invoice. If bank and trade references have not been satisfactorily furnished to us, or the Purchaser is a new customer, the company reserves the right to require payment in full and prior to dispatching the goods.

3.8 If the purchaser’s order is to be dispatched in instalments, payment for each bottle or case of wine will be invoiced separately at the point that that bottle or case of wine is dispatched.

3.9 We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

3.10Time for payment shall be of the essence.

3.11 No payment shall be deemed to have been received until the we have received cleared funds.

3.12 The purchaser shall make all payments due under this order without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the purchaser has a valid court order requiring an amount equal to such deduction to be paid by the company to the purchaser.

4. Age restriction

4.1 It is illegal to sell wine to anyone who is under 18 years old. For this reason, we reserve the right to refuse to accept an order. We will also not permit any order to be transferred from the original customer to another person in order to avoid the age restrictions that it must comply with. By placing an order, the purchaser is confirming they are at least 18 years old.

4.2 If our delivery agents are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the goods is unable to produce appropriate ID, unfortunately our delivery agents will be unable to leave the goods. Please also see clause 2.5.

5. Data protection

5.1 By providing your details to us, you are consenting to us maintaining, recording, holding and using the information you give Busi Jacobsohn at the time of order to process your orders and to improve our service to you. All data is collected lawfully and maintained in accordance with the current Data Protection Act.

5.2 We will never share your details with any third party without your permission, unless we must do so to fulfil our contract with you and get your goods to you. If you have signed up for our marketing, we will contact you from time to time regarding our wines and any other products, services or company updates. If you want to opt-out of these communications, please email us at info@busijacobsohn.com or click unsubscribe in one of our emails and you will be removed from our mailing list.

5.3 If you have any further questions or queries around our privacy policy, please see our full privacy policy on our website.

6. Acceptance & cancellations

6.1 Subject to clauses 3.2 and 2.1, a purchaser may purchase any goods directly from the us at our business premise.

6.2 Notwithstanding clause 6.1 above, a purchaser may also request a quotation, and/or place an order over the telephone or by mail order. Orders can also be placed via our website, and in such circumstances the website terms and conditions will apply.

6.3 In the event that clause 6. 2 applies, we reserve the right to withdraw a quotation at any time without notice and without providing a reason. Furthermore, we reserve the right to refuse to supply a quotation at any time without providing a reason.

6.4 Unless withdrawn in accordance with condition 6.3, all quotations are open to the purchaser for acceptance for 30 days only, commencing on the date stipulated on the quotation. All quotations, once accepted by the purchaser, remain subject to us providing an acknowledgement of order form.

6.5 We reserve the right to cancel any uncompleted order, or suspend delivery, if the purchaser fails to observe or perform any obligation on the part of the purchaser to be observed and performed, or if the company reasonably believes that in all the circumstance that the purchaser may do so.

7. Returns

7.1 If some, or all, of the goods are broken when they are delivered, the purchaser must notify us within 3 working days of the delivery date. The purchaser may choose either to return the whole case or just the affected bottles for a refund or a replacement.

7.2 Any goods collected by our delivery agents must be in their original box to avoid further breakages, where possible.

7.3 The goods we supply come with a 12-month guarantee. Goods are dispatched with clear written instructions to be followed in respect of storage. These instructions should always be followed by the purchaser,failure to do so may result in the guarantee becoming null and void.

7.4 Provided the purchaser has followed the written instructions, and provided it is within 12 months of the delivery date, if the purchaser discovers the goods are spoiled you should notify us as soon as possible and we will refund or replace the goods accordingly.

7.5 The purchaser should have the goods with them at the time of notifying us in accordance with clause 7.3, as we will require specific information from the goods so that we can match it with its records. Please note that without the bottle information, we will be unable to refund or replace the goods.

8. Title and risk

8.1 The goods are at the risk of the purchaser from the time of delivery.

8.2 If for any reason the purchaser will not accept delivery of any of the goods when they are ready for delivery, or if we are unable to deliver the goods on time because the purchaser has not provided appropriate instructions then:

1. the goods shall be deemed to have been delivered on the specified delivery date on the quotation or acknowledgement of order form;
2. risk in the goods shall pass to the purchaser at that time; and
3. the company may store the goods until delivery and the purchaser will be liable for all related additional costs and expenses (including, but not limited to, storage and insurance).

8.3 Title and property in the goods (including full legal and beneficial ownership) shall not pass to the purchaser until the company has received in full (in cash or cleared funds) all sums due to it in respect of: 8

1. the Goods; and
2. all other sums which are, or which become due to us from the purchaser on any account or order; and
3. all interest that has become payable in respect of the goods or on anyother sum which are, or which become due under any other account or order.

8.4 Until ownership and title of the goods passes to the purchaser, the purchaser must:

1. holds the goods on a fiduciary basis as our bailee;
2. store the goods (at no cost to us) separately from all other goods of the purchaser or any third party in such a way that they remain readily identifiable as our property;
3. maintains the goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction; and
4. holds the proceeds of the insurance referred to in clause 8.4.C on our trust and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. Any account of monies us in accordance with the terms of this clause 8 received by us shall not discharge the purchaser’s liability to pay the price for the goods plus any interest in accordance but shall be set off against such liability.

8.5 The purchaser may resell the goods before ownership and title has passed to it solely on the following conditions:

1. any sale shall be made in the ordinary course of the purchaser’s business at full market value; and
2. any such sale shall be a sale of our property on the purchaser’s own behalf and the purchaser shall deal as principle when making such a sale.

8.6 The purchaser’s right to possession of the goods shall terminate immediately if:

1. the purchaser has a bankruptcy order made against them or makes arrangements or composition with their creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed over all of its assets or undertakings or any part of the assets or undertakings, or a resolution is passed or a petition presented to any court for the winding up of the purchaser or for the granting of an administration order in respect of the purchaser, or the purchaser proposes any of the above, or we reasonably believe that any of the above is about to occur;
2. the purchaser ceases, or threatens to cease, trading; and
3. the purchaser encumbers or in any way charges any of the goods.

8.7 We shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from us.

8.8 The purchaser grants us, its agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where the purchaser’s right to possession has terminated, to recover the goods.

9. Warranties

9.1 We warrant that the goods will be of satisfactory quality and fit for purpose when despatched for delivery to the purchaser.

10. Limitation of liability

10.1 Any of the goods which the purchaser claims (in writing to us and in accordance with clause 7), to be defective, will be replaced or (at our option) the price of the defective goods will be credited to the purchaser and we will pay the expenses of such return.

10.2 We shall not be liable for a breach of the warranty in clause 10.1 if:

1. the purchaser makes any further use of such goods after giving such notice; or
2. the defect arises because the purchaser failed to our written instructions as to the storage, installation or use of the goods; or
3. the purchaser causes loss or damage during the handling of the goods.

10.3 All other warranties, conditions and other terms implied by statute or Common Law are, to the fullest extent permissible by law, excluded from this order.

10.4 Nothing in these Terms and Conditions excludes or limits the liability of our company for death or personal injury caused by our negligence or fraudulent misrepresentation.

10.5 Subject to clauses 10.1to 10.3 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this order shall be limited to the total order price.

10.6 Notwithstanding anything contained in this order, we shall not be liable for any indirect, special or consequential loss or damage suffered or incurred by the purchaser arising out of this order. For the avoidance of doubt, indirect, special or consequential loss shall include, but not be limited to, loss or damage, loss of profits, interest, business, goodwill, revenues or anticipated savings and the incurring of liability for loss or damage suffered by third parties (including in each case incidental and/or punitive damages).

11. General

11.1 This agreement is intended to confer any benefit on any third party or any right to enforce any term of this agreement.

11.2 No amendments or variations of these Terms and Conditions shall be effective unless in writing and signed by a duly authorised representative of all the parties.

11.3 These Terms and Conditions constitute the entire understanding between the parties in respect of the subject matter and supersedes all prior representations, writings, negotiations or understandings and discussions between the parties relating to it.

11.4 These terms and conditions shall be governed by any construed in accordance with English Law and the exclusive jurisdiction of the English Courts. If you wish to contact us, please do so via our website or info@busijacobsohn.com.