Retail & Sales Terms
Cult Wines Inc. (“Cult Wines”, “we” or
“us”) sells wine and spirits subject to the following terms and conditions,
including Cult Wines’ Privacy and Cookies Policy and the Service Terms (the
“Terms”). By placing an Order with Cult Wines, you hereby agree to the Terms and
acknowledge the Terms are a legally binding contract between you and Cult Wines regarding your purchase of wine
and/or spirits (an “Order”). If you do not agree to the Terms or if you are not
eligible, then you do not have our permission to place an Order.
- You assert and affirm that you are at least 21 years old. We retain the right to use reasonable means to verify your age and reserve the right to refuse to sell wine or spirits to anyone. Delivery may require that a carrier verify the age of the recipient before Delivery.
- These terms specifically apply to all Orders relating in part or wholly to consumption of wine and/or spirits, for both private and trade customers. For managed portfolio terms, please refer to our “Investment Management Agreement”.
- We reserve the right to amend these Terms at any time and any such amendments will take effect once published via our website. It is your responsibility to read and understand these Terms on each occasion ahead of confirming any Order.
- You must be 21 years or over to place an Order. If you are not at least 21 years of age, you are ineligible and are not permitted to place an Order.
- An Order is placed at the point we issue an invoice for a purchase confirmed by you by any of the following methods: email, telephone, instant message or via our customer portal.
- All Orders will include the applicable taxes to the relevant jurisdiction(s) for that sale, at the prevailing rate.
- There is a minimum order value of US $700.00 (excluding any applicable taxes), or any complete case (>4.5l).
- Payment Terms
- Payment for an Order is due immediately upon your receipt of an invoice from us, unless otherwise formally agreed. Trade accounts are payable prior to transfer/delivery/export of goods unless otherwise formally agreed.
- For any cancellation of an Order by you, we reserve the right to charge a cancellation fee (up to 50% of invoice value or actual losses incurred by us).
- We reserve the right to use any funds held on account to cover, in part or in full, any overdue invoices.
- We reserve the right to withhold any wines and/or spirits stored on your behalf in our warehouse(s), including long-term private reserves, for non-payment of any invoice. This applies to invoices for goods and/or services.
- Up to the point of Delivery, we reserve the right to cancel any Order where;
- The wines and/or spirits ordered are found to be in condition not in keeping with the agreed or assumed condition at the time of Order.
- We deem the stock to be of any risk to our reputation or that of the producer.
- You have breached any of these Terms.
- You may cancel an Order within 14 days from your receipt of goods, by informing your relationship manager or emailing [email protected], where we will provide further information on completing the cancellation.
- We will not accept return, or provide any refund or reimbursement, for any bottle of wine or spirit that has been opened or altered. Any cancellation of an Order by you will only be applicable to unopened goods. We may offer a reimbursement factoring in any perceived loss of value due to any handling by you, as determined in our sole discretion.
- You will be responsible for all costs associated with returning wines and/or spirits.
- Up to the point of Delivery, we reserve the right to cancel any Order where;
- “Delivery” means deliveries to an address, releases for collection, and transfers between warehouses and exports.
- Title to, and ownership of, all wine and/or spirits passes from us to you in your state. By placing an Order, you authorize us to act on your behalf in arranging for transportation and Delivery of the Order at your direction. CULT WINES MAKES NO REPRESENTATION AS TO THE LEGAL RIGHTS OF ANYONE TO SHIP OR IMPORT ANY WINES, ALCOHOLIC BEVERAGES OR OTHER GOODS INTO ANY STATE OR THE LEGALITY AND THE TAX/DUTY CONSEQUENCES OF HAVING THE WINE, SPIRITS, AND OTHER GOODS SHIPPED TO THE APPLICABLE DESTINATION.
- Our obligations to deliver an Order begin only once full payment is made for wines and/or spirits specified on the invoice.
- Deliveries will be charged at cost and such charges shall be included on the applicable invoice. Depending on the circumstances, charges for Delivery will be collected at the time of Order or the time of shipment. Where funds previously collected do not cover the costs of shipping, an additional amount may be charged at time of shipment. Free Deliveries and/or agreed Order thresholds for free Deliveries may be offered at our discretion.
- Any provided dated of Delivery are estimates only and we/our transport providers do not guarantee to meet any date of Delivery unless otherwise specifically agreed.
- We reserve the right to charge storage at US $15.00 (excluding taxes) per annum for any Order where Delivery instruction has not been received from you, within 14 days following receipt of payment unless otherwise agreed.
- Provenance, Quality Control & Caveat Emptor
- We make best endeavors to ensure that all wines and/or spirits offered by us are of the best possible provenance and have benefitted from optimal storage prior to our acquisition. As such, we purchase only from suppliers who have undergone and passed our internal due diligence process and refrain from the purchase of stock with ‘strip’-labels identifying previous export to the Americas and/or Asia, unless exceptionally specified in our offering or offered via our offices in such geographical regions.
- With regards to older, particularly rare or particularly high-value wines and/or spirits, we make reasonable endeavors to verify provenance of such products but we are unable to guarantee authenticity. Despite improving technology and methods, inspecting wines and/or spirits for authenticity often remains subjective and therefore impossible to establish definitively. ANY INFORMATION WE ARE ABLE TO PROVIDE PERTAINING TO THE PROVENANCE OF SPECIFIC WINES OR SPIRITS IS NOT GUARANTEED OR WARRANTED BY US IN ANY WAY.
- It is understood that wines may suffer from cork taint (TCA), premature oxidation, fatigue and/or other ‘faults’. While best effort is made to identify such faults by us, many remain undetectable until opening of the bottle and we cannot be held under any obligation to replace affected bottles or offer compensation where such faults are found to exist after Delivery. CULT WINES MAKES NO SPECIFIC REPRESENTATION OF DRINKABILITY OF ANY PARTICULAR BOTTLE OF WINE OR SPIRIT AND MAKES NO REPRESENTATION OF THE SUITABILITY OF ANY PARTICULAR BOTTLE OF WINE OR SPIRIT AS AN INVESTMENT OR FOR ANY OTHER PURPOSE.
- At our discretion, we may contact a producer to the return of bottle(s) suspected of containing certain faults.
- We endeavor to deliver all bottles in the condition in which they are offered and use only recommended specialists for the transportation of wines and/or spirits (where possible). Insurance is required for all Deliveries of Orders and will provide coverage to you for damage or loss directly caused by a carrier that was reasonably within the carrier’s control. There is no insurance coverage for any other conditions during transport. Orders will be packaged for Delivery using standard packaging and reasonable consideration will be made to account for optimum temperature and other weather-related conditions. Notwithstanding the foregoing, we cannot guarantee the quality of the contents within any bottle in an Order.
- We recommend all wine and/or spirits be allowed time to rest after Delivery, that time recommended increasing with the age of the product. We are able to provide additional advice and information on the opening of older bottles upon request.
- Limitation of Liability
- CULT WINES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF CULT WINES HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM ANY ORDER OR ANY ATTEMPT TO ORDER. CULT WINES’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR ORDER OR ANY ATTEMPT TO ORDER (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE PRICE ACTUALLY PAID TO CULT WINES BY YOU FOR THE ORDER ITEM GIVING RISE TO THE LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- All Orders and these Terms are governed by the laws of the State of New York, without regard to conflict of law provisions of that State. Any dispute regarding your Order, or otherwise arising under these Terms, shall be resolved in accordance with Section 11 of the Service Terms.
- Notwithstanding any other terms and conditions hereof, in the event that we are unable to perform any of our obligations because of severe weather, natural disasters, acts of God, riots, wars, governmental law or action, or other event of force majeure beyond our control, then we, upon written notice to you, shall be relieved from our performance of such obligations to the extent, and for the duration, that such performance is prevented by such events.