ABOUT US

  • Charles Winn LLC, hereinafter reffered to as “Winn” of 300 Delaware Ave. Suite 210, Wilmington, DE 19801. 4929 is a company registered in Delaware, United States of America. Our telephone number is 302-467-2090 (this is a basic rate telephone number); our email address is: info@charles-winn.com

IMPORTANT INFORMATION

  • You should read these terms carefully. By signing & returning this order form you are making an offer to purchase the Product at the Price. We reserve the right to decline any offers & will only be bound by these terms once the order is formally accepted by us & upon receipt of the deposit in cleared funds (the “Agreement”). There will be no communication from us in relation to the Product until your order has been accepted by us.

TITLE

  • The title in the Product shall remain our property until the Price is paid in full. Risk in the Product shall pass to you upon payment of the Price in full.

FINE WINE

  • Fine wine should be treated as a long-term holding for collectors. We guarantee to sell the Product for you. We will automatically deduct a 10% commission from any gain made on any sale of a Product, other fees may be payable, full details upon request.

BONDED WAREHOUSE

  • Bonded wine has not had duty paid on it. If at any point you decide to release the Product from bond you will be responsible for paying the duty. We arrange for your Product to be stored in our bonded warehouse account at London City Bond which specializes in the long-term storage of fine wine.

PRICES

  • Any Price is as quoted on the Date provided. The price of our Product fluctuates (including currency & market fluctuations), in view of this, if you do not secure the Product by paying the deposit in cleared funds within 24 hours of the Date we reserve the right to revise the Price. If in error we under-price a Product we will not be obliged to provide that item to you at the stated price & will notify you upon identification of such error. In such circumstances we may cancel your order & provide a full refund. Alternatively you may agree to the corrected price in which case we will proceed with your order.
  • The Price is based on our reserve stock & stock which may be available to us through our network at any point in time. The Price is established by us & we do not accept any liability for fluctuations that may occur including between the Price, perceived value, open market or auction sale prices. We reserve the right to change our prices at any time subject to availability & market conditions.
  • If we do not have the Product in reserve upon entering into the Agreement we will source and endeavour to purchase the Product from our suppliers as soon as is reasonably possible and following payment of the Price in full. In view of the Product, it is possible that, despite our best efforts the Product may no longer be available. In this event, we will notify you and, at our sole discretion, provide you with an alternative or give you a refund of the Price.
  • The Price is for us: sourcing; purchasing & delivering the Product to our Facility (if it is not already in our reserves); Storage of your product is free from charge whilst held in our facility until the wines have been transferred into your personal account. We will contact you on transfer of your product with details of continued storage costs at the facility, including insurance fees and payment terms. {initial storage period}

COOLING OFF

  • The supply of the Product is not subject to the statutory cooling off period since the Price is dependent on fluctuations in the financial market which cannot be controlled by us. By signing these terms you confirm that you understand & acknowledge that you do not have a right to cancel the Agreement. [Applicable to En Primeur only]

TRANSFER

  • You have the right to transfer your Product out of the Facility into a personal account at London City Bond. We shall not be liable in any way for any loss or damage, however so caused (including negligence), during or following transfer &/or storage outside of the Facility. Any transfer &/or storage outside of the Facility shall not be covered by our insurance and is entirely at your own risk. All Product transferred out of the Facility will incur an administration fee of $30 per case. However, all client stock is automatically transferred within the first 6 months of purchase.

QUANTITY & VOLUME

  • Product is supplied in the quantity and volume as specified by your advisor. Some products come in smaller quantities than other products and you are responsible for checking your order carefully before entering into this Agreement. Our Product is typically supplied in industry standard measurements and certain Products, such as dessert wines, historic or rare wines, may be supplied in different quantities or volumes; 37.5cl which are half bottles abbreviated as ‘HV’, 1.5l which are Magnum bottles abbreviated as ‘MG’.

EN PRIMEUR

  • Agreement for an en primeur Product is made whilst the wine is not in a tangible form and before the Product is bottled. An en primeur Product is normally only bottled and ready to be transported to us (“Released”) between 2 – 3 years after the Agreement, although in some circumstances this may be longer. We shall only notify you once we receive confirmation from the relevant chateau, vineyard or supplier that the Product is ready to be released and within 14 days of being released.
  • Our customer receipt will be your proof of purchase of the Product and no other documentation will be supplied for an en primeur Product. The Product will be transported and stored in our Facility within four [4] weeks of being Released to us. Our insurance will only cover the Product once it is released to us. The Initial Storage Period commences once the Product is in the Facility.
  • We shall not be liable should the Product be unavailable or affected due to any reason outside of our control.

PAYMENT

  • If you fail to make any payment due by the due date then you shall pay the full overdue amount, our costs (including all reasonable legal & professional costs) & interest on the overdue amount at the rate of 5% per month above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
  • The deposit is a non-refundable amount paid to secure the Product at the quoted Price and for our services in sourcing the Product. Failure to pay the full Price on demand shall result in your deposit being lost.
  • On occasion, payment may be requested to be made through our sister companies however; Wynn will still hold all liability for your stock whilst held in our account and any transfers made to your account.

INSURANCE

  • During transit to the Facility & for the Initial Storage Period we shall maintain in force insurance for the Product.

REPRESENTATIONS

  • We do not provide advice. All information which we supply about our Product is given in good faith, & to the best of our knowledge & belief is accurate at the time it is given. You should obtain independent advice, including financial & tax advice, if you are unclear about the Product before you enter into the Agreement. Neither we, nor our directors, officers, employees, agents or affiliates, give any warranty, make any representation or imply as to:
  • 1. The suitability of the Product for you, as a collectors item. You understand & agree that the value of the Product can fluctuate; & that the past performance of similar products is no guarantee that such returns will be repeated;
  • 2. The future value of the Product as this may be subject to fluctuation; and
  • 3. That the Product cannot be purchased elsewhere at a lower price

LIABILITY

  • (a) To the fullest extent permitted by law we shall not be liable for any loss or damage however so caused (including negligence).
  • (b) We shall never be liable for any indirect, consequential, economic loss, replacement costs and/or loss of profit or damage suffered by you, however so caused, including negligence or breach of the Agreement save for nothing in this Agreement shall limit or exclude our liability for fraud, death or personal injury.
  • 2. The future value of the Product as this may be subject to fluctuation; and
  • (c) The total liability for any loss or damage caused as a result of negligence or breach of this Agreement shall be limited to the lower of 10% of the cost of the Product or $1,000.
  • (d) In view of the cost of the Product you are advised to take out your own insurance.

REGULATION

  • We are not regulated by the Financial Conduct Authority.

COMPLAINTS

  • Any complaints about our service should be directed in the first instance to our customer service department on …. and you will be contacted within 3 business days of the complaint being lodged. Any decision of the Managing Director will be final.

FORCE MAJEURE

  • We shall not be in breach of contract nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure result from events, circumstances or causes beyond our reasonable control, including without limitation power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.

ASSIGNMENT & OTHER DEALINGS

  • The parties may at any time with our written permission, assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these terms.

NOTICES

  • Any notice or communication must be sent to our registered office by recorded delivery or commercial courier. A notice or other communication shall be deemed to have been received: if sent by recorded delivery at 9.00 am on the second Business Day after posting or if delivered by commercial courier, on the date & at the time that the courier’s delivery receipt is signed.

SEVERANCE

  • If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal & enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity & enforceability of the rest of the terms.

WAIVER

  • A waiver of any right or remedy under the terms or law is only effective if given in writing & shall not be deemed a waiver of any subsequent breach or default. No failure or delay by us to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

THIRD PARTY RIGHTS

  • A person who is not a party to these terms shall not have any rights to enforce the terms.

VARIATION

  • Except as set out in these terms, no variation of the terms, including the introduction of any additional terms & conditions, shall be effective unless it is agreed in writing & signed by us.

ENTIRE AGREEMENT

  • These terms constitute the whole agreement between you or us (“Parties”) & supersede all previous discussions, correspondence, negotiations, arrangements, understandings & agreements between them. The Parties acknowledge that in entering into this agreement neither have relied on & shall have no remedy in respect of any pre-contractual statement. The Parties agree that the only liability are in respect of the representations & warranties set out in this Agreement.

GOVERNING LAW

  • These terms, & any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, & construed in accordance with the law of Delaware.

JURISDICTION

  • Each party irrevocably agrees that the courts of Delaware shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

THIS AGREEMENT

  • These terms have been prepared for us by our legal representatives for the purpose of governing our relationship with you.