These are the terms and conditions applying to all sales and are the basis upon which orders are accepted by Bon Coeur Fine Wines Ltd ("BCFW"). They will apply to all sales unless varied in writing to all future transactions.
Prices listed for products are quoted per case (12 x 75cl or the equivalent) or per item and from time to time are subject to currency and market fluctuations, changes in duty and VAT.
In the unlikely event we have under priced a product or service by mistake we will not be liable to provide the product or service to you at the incorrect price provided we notify you before despatching the order or if we are not despatching the order within two working days of Order Confirmation; subsequently we may cancel your order and refund any payments you have made. Alternatively you have the option to agree with the correct price and proceed with the order.
All prices shown are exclusive of delivery charges. All prices are provisional and subject to our confirmation upon acceptance of order.
Your right to end the contract
You can end your contract with us by cancelling your order (see above), if the product you have bought is faulty (see our Quality Guarantee) (in which case you may be due a refund), or because of something we have done or told you we are going to do. For example, this could be that we have told you about an upcoming change to the terms or any specific terms governing your purchase, which you do not agree to; or if we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed. See "Return of goods/cancellation" for further details of how to cancel.
Orders are accepted by the following methods:
On our website: www.bcfw.co.uk
By email: firstname.lastname@example.org
Telephone: 01325 776446
By Post: please send your order to our North Yorkshire address, see Contact Us for details.
We accept payment by BACs transfer, cheque and major credit cards (not AMEX). For non-account holders payment must be cleared prior to despatch of goods and delivery must be to the address of the card holder. To set up a BCFW account please contact your nearest office. Credit card payments for En Primeur orders over £500 may be charged a 2% fee.
Payment by BACS
See below for details, please provide the invoice number as a reference.
Account Name: Bon Coeur Fine Wines Ltd
Bank Sort Code: 40-23-12
Account Number: 82295024
Reference: BCFW Invoice Number
All wines offered are subject to availability and remain the property of BCFW or its associates until payment is received in full.
Delivery and Receipt of Goods
You should notify us immediately of any breakages or wine shortages by phone within 24 hours of receipt of goods. Breakages must be retained with the original packaging for examination. We are unable to guarantee credit or replacements unless we are notified within this time. We regret that neither BCFW, nor its carriers can accept any responsibility for any subsequent loss or damage which occurs once the order has been left. Should an order not be received within five working days of Order Confirmation we must be informed immediately.
Acceptance of Goods
You undertake to inspect all goods when collecting or immediately upon delivery. You must notify us immediately of any shortage, damage or bottle deficiency. You will be deemed to have accepted the goods as satisfying your order 24hours after collection/delivery, and thereafter will not be entitled to reject the order for any reason.
We undertake the proper safekeeping and storage of wines in our possession and will act in good faith when purchasing wine, but we will not be responsible for the state and condition of wines or whether the wine corresponds to the qualities which might be expected from its description. At our complete discretion, we will consider replacing the remainder of any case sold which is not drinkable, this will only be up to a period of three months from date of BCFW invoice.
Non Payment of Accounts
In the event of non-payment of accounts (including but not inclusive to, all products, services, storage, VAT and duty), we reserve the right to exercise a lien over and/or to sell some of the customer's reserves and to deduct any outstanding amounts from the proceeds of the sale.
We shall not be liable for any failure to meet our obligations caused by circumstances beyond our control.
These Terms and Conditions and all our contracts are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.
Orders of wines from the Bon Coeur Fine Wine Broking List constitute an offer to purchase that Bon Coeur may choose to accept or decline at their own discretion.
All prices shown on the list are per case (case size is clearly shown on the list). In addition prices for duty paid wines are shown excluding VAT and will be subject to VAT upon purchase. In Bond wine prices are subject to UK excise duty and VAT upon their release from bond. Delivery will also be applied which will include insurance cover for the wine to the delivery address. Delivery unless otherwise agreed will take place only after receipt of payment.
Upon receipt of an order Bon Coeur will contact the buyer in order to confirm and arrange the transaction. In the event that prices quoted by Bon Coeur are no longer current, Bon Coeur withholds the right to alter the price accordingly and offer the buyer the opportunity to accept the new price or withdraw their offer to purchase. There are no credit facilities available for the Bon Coeur Fine Wine Broking list and payment of wines is due in full upon invoicing unless otherwise agreed.
All wines sold by Bon Coeur will be sold in their reported condition, upon delivery of wines all responsibility for the care and condition passes to the buyer.
All Broking Fine Wines may be collected from Moor Park, North Yorkshire at £7 plus VAT per case, subject to a pre- arrangement of a collection time with Bon Coeur.
If Bon Coeur Fine Wines is commissioned to store purchased wines then In Bond or Duty Paid storage charges will apply at the standard Bon Coeur tariffs.
If you are not familiar with the status of In Bond or Duty Paid wines please contact us and we will be pleased to explain the status.
These terms and conditions govern the use of this website. Please read these terms carefully. Do not use (or continue to use) the Website if you do not agree to the Terms. If you have any queries or comments in relation to the Terms or the use of this Website, you can contact us at our Head Office: Bon Coeur Fine Wines Ltd, Gill Head Farm, Warthermarske, Masham, North Yorkshire HG4 4JR Tel: 01325 776446
Please note that internet sales are not available if you are resident in some countries including countries where the sale of alcohol is prohibited. You are responsible for complying with the laws of the country in which you are located. If you are unsure about the law in the country where you are located then please leave this site and check the legal position before continuing.
1. Use of the 'Bon Coeur Fine Wines Ltd' Website
This website is provided by Bon Coeur Fine Wines Ltd for your personal use subject to these terms. By using this website you agree to be bound by these terms.
All orders and purchases made via this website shall be governed by these terms and by our terms and conditions of sale.
This website and the information on this website may be changed and updated without notice.
2. Website Availability
While Bon Coeur Fine Wines Ltd endeavours to ensure that the website is normally available 24 hours a day, Bon Coeur Fine Wines Ltd shall not be liable if for any reason this website is unavailable at any time or for any period.
Access to the website may be suspended temporarily and without notice in the event of system failure, maintenance, repair or for reasons beyond the control of Bon Coeur Fine Wines Ltd.
Your access to the website, your ability to participate in all or certain parts of the website and/or your registration may be terminated by Bon Coeur Fine Wines Ltd at any time without notice and without any liability. Any limitations on the liability of Bon Coeur Fine Wines Ltd will survive such termination.
Bon Coeur Fine Wines Ltd is not responsible for the contents of any website operated by a third party which may be accessed via this Website, and Bon Coeur Fine Wines Ltd does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Website are provided for your convenience only and do not imply that Bon Coeur Fine Wines Ltd approves or recommends the content of such websites.
3. Intellectual property
The Bon Coeur Fine Wines Ltd name, Logo, corporate symbols and trademarks are the sole property of Bon Coeur Fine Wines Ltd and no permission is given in respect of their use. The Website and its contents are protected by U.K and international copyright laws and other intellectual property rights. Unless otherwise indicated, Bon Coeur Fine Wines Ltd is the owner of the copyright and all other intellectual property rights in the Website and its contents. No part of the website may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Bon Coeur Fine Wines.
You may retrieve and display the content of the website on a computer screen, or print one copy of such content (including the Terms and Conditions and any order conformation) for your own personal use, provided you keep intact all and any copyright and proprietary notices.
The website is provided without any warranties or guarantees. To the extent permissible by any applicable law, Bon Coeur Fine Wines Ltd, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss and damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of the Website, or reliance on the Website, regardless whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Website ( whether negligent or not), except that nothing affects any liability of Bon Coeur Fine Wines Ltd, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.
Whilst Bon Coeur Fine Wines Ltd makes reasonable attempts to exclude viruses or other destructive computer codes from the website, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the website or downloading from the website.
Nothing in this section 4 applies to Bon Coeur Fine Wines Ltd liability for goods purchased through the website, which is governed by our terms and conditions of sale.
5. Governing Law
The Terms and your use of this Website shall be governed by English law. By using the Website and accepting the Terms you submit to the exclusive jurisdiction of the courts of England and Wales, save that Bon Coeur Fine Wines Ltd may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to Bon Coeur Fine Wines Ltd.
If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Bon Coeur Fine Wines Ltd failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Bon Coeur Fine Wines Ltd.
The section titles in the Terms are for convenience only, and have no legal or contractual effect.
The parties do not intend the Terms (or any part of them) to be enforceable by any person who is not a party to these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
The Bon Coeur Fine Wines Ltd website is operated by Bon Coeur Fine Wines Ltd, a company registered in England and Wales (registration number 5462149) whose registered office is at Gill Head Farm, Warthermarske, Masham, North Yorkshire, HG4 4JR.
Our VAT number is 648832404.