Terms of service
Herbert Fine Wine Ltd. — Terms of Service
1. Overview
These Terms of Service govern all purchases made through Herbert Fine Wine Ltd. ("we", "us", "our"). By placing an order, the customer ("you", "your") agrees to be bound by these Terms, our Refund & Returns Policy, Shipping Policy, and any other policies referenced on our website.
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Herbert Fine Wine Ltd. is a specialist fine‑wine merchant. The wines we offer — whether young releases, mature bottles, or En Primeur (EP) — are agricultural products that evolve naturally over time. All wines are sold entirely at the buyer's risk once they leave our control.
2. Age Restriction
You must be 18 years or older to purchase alcohol in the United Kingdom. By placing an order, you confirm that:
you are aged 18 or over
any recipient of the wine is aged 18 or over
We reserve the right to cancel any order where age verification is not satisfied.
3. Wine Condition & Natural Variation
3.1 Natural Variation — Fine wine is a natural product and may show variation from bottle to bottle. Characteristics such as cork taint, oxidation, ullage, sediment, tartrate crystals, bottle variation and other natural developments are not considered faults.
3.2 No Guarantee of Taste or Drinkability — Taste, drinkability and performance are subjective and cannot be guaranteed.
3.3 Older Wines — Mature bottles are sold strictly as seen. Older wines may display imperfections, wear, or unpredictable development.
3.4 Provenance — Where provenance information is provided by suppliers, we pass it on in good faith. We cannot verify or warrant its accuracy or completeness.
3.5 Condition Notes & Photographs — Any condition notes, photographs or descriptions are indicative only and do not constitute a guarantee of condition or performance.
4. En Primeur (EP) Sales
4.1 Nature of EP Purchases — EP purchases are futures contracts. Wines may take 12–36 months to be bottled and released.
4.2 Delays — We are not liable for delays caused by producers, negociants, shipping, bottling schedules, or global events.
4.3 Failure to Supply — If a producer fails to bottle or supply a wine, we may offer a substitute, a credit, or a refund. This is at our sole discretion.
4.4 Duty, VAT & Storage — Duty, VAT and storage charges are payable when the wine is released, not at the time of EP purchase.
4.5 No Cancellation Rights — EP purchases cannot be cancelled, including under the Consumer Contracts Regulations 2013.
5. Pricing & Availability
All prices are listed in GBP and may be shown In Bond (IB) or Duty Paid (DP). Prices may change without notice due to market conditions. We reserve the right to correct pricing errors before dispatch.
6. Orders & Acceptance
Your order constitutes an offer to purchase. We may refuse or cancel an order where stock is unavailable, age verification fails, pricing errors occur, we suspect fraudulent activity, or delivery is not possible. A contract is formed only when we issue an order confirmation.
7. Responsibility & Risk Transfer
7.1 LCB Delivery — For wines delivered by London City Bond, responsibility passes to you once the wines leave bonded storage.
7.2 Courier or Agent Delivery — Where wines are collected by, or delivered via, a courier, freight forwarder, or agent acting for you, responsibility passes at the moment the wines are handed to that courier or agent.
7.3 LCB Warehouse Collection — If you arrange collection from LCB: appointments must be pre‑booked; LCB may refuse unbooked collections; risk passes when LCB releases the goods; we are not liable for LCB handling, delays, or errors.
7.4 Direct Collection — Where wines are collected directly from us, responsibility passes at the point of collection.
7.5 No Liability for Transit Conditions — We are not liable for courier delays, breakages, heat or cold exposure, vibration or movement, or mishandling by couriers, freight forwarders, or agents. Once wines leave our control, they are entirely at your risk.
8. Storage & Handling After Delivery
We cannot accept responsibility for any deterioration arising from heat or cold exposure, light exposure, vibration or movement, improper storage, or delays or courier handling. Any deterioration after dispatch or collection is entirely at the buyer's risk.
9. Trade Customers
Where wines are purchased by trade customers (restaurants, merchants, brokers): the Consumer Contracts Regulations do not apply; no cooling‑off period applies; no implied warranties apply; no refunds or returns are offered; no compensation for consequential loss is available; all wines are sold as seen. Trade customers accept all risks associated with condition, provenance, and storage.
10. Returns, Refunds & Faulty Bottles
All returns and refunds are governed by our Refund & Returns Policy.
10.1 No Returns for Condition Complaints — We do not accept returns for natural variation, cork taint, oxidation, ullage, bottle variation, subjective taste or drinkability, condition of older wines, or provenance concerns.
10.2 Corked or Out‑of‑Condition Wines — We do not offer refunds or replacements for corked or out‑of‑condition bottles.
10.3 Discretionary Review — In rare cases, we may — at our sole discretion — consider a replacement or credit. We may request the return of the bottle for inspection.
10.4 Consumer Contracts Regulations 2013 — Fine wine is a commodity whose price is subject to market fluctuations. Accordingly, the 14‑day cancellation right does not apply, pursuant to Regulation 28(1)(c).
11. Ownership of Goods (Retention of Title)
11.1 Retention of Title All wines supplied by Herbert Fine Wine Ltd. remain our property until all sums owed to us by the customer — whether relating to this order or any other order — have been paid in full. Ownership does not pass on delivery, dispatch, collection, or release from bonded storage.
11.2 Possession Before Payment If wines are delivered, collected, transferred, or released before full payment is received, you hold the wines as bailee for Herbert Fine Wine Ltd. and must keep them stored safely, identifiable, and separate from other goods.
11.3 Right to Reclaim Goods If any amount remains unpaid, we may require the immediate return of the wines or enter any premises where the wines are stored (including bonded warehouses, freight forwarders, or third‑party storage facilities) to recover them.
11.4 Prohibition on Disposal Until full payment is received, you may not sell, transfer, pledge, or otherwise dispose of the wines, or instruct a warehouse, merchant, or freight forwarder to release or ship them, without our written consent.
11.5 Risk vs Ownership Risk in the wines passes to you upon dispatch, collection, or release from bonded storage, but ownership does not pass until all outstanding sums are paid in full.
12. Liability
Herbert Fine Wine Ltd.'s liability in all circumstances is strictly limited to the invoice price of the wines purchased. We are not liable for indirect or consequential loss, deterioration after dispatch, courier or agent handling, storage conditions after delivery, or loss of enjoyment or disappointment. Nothing in these Terms limits liability where it cannot be excluded by law.
13. Accuracy of Information
Descriptions, photographs, condition notes and levels are provided in good faith. They are indicative only and do not constitute a guarantee of condition or performance.
14. Intellectual Property
All content on our website — including text, images, branding and design — is the property of Herbert Fine Wine Ltd. and may not be reproduced without permission.
15. Dispute Resolution
We are not obliged to participate in alternative dispute resolution. However, consumers may refer disputes to an ADR provider. Details are available from the Chartered Trading Standards Institute at www.tradingstandards.uk.
16. Contact
For any queries relating to these Terms, please contact us:
Email: hello@herbertfinewine.com
17. Governing Law
These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.