- “The company”, “us”, “we”, and any other pronoun in the third person plural refer to Crop & Vine, including any consultants we engage directly to act using the Crop & Vine brand.
- “The client”, “you”, or any related second person pronoun, refers to the counterpart to the transaction with the company and any other parties related to, acting on behalf of, or acting on the instructions of, the counterpart. “The buyer” and “the seller” are subsets referring to the roles that said counterpart may play in any given transaction.
- References to “writing” (e.g. “notice given in writing”) refer exclusively to email or physical documents sent by post or courier. Physical documents are considered received either 5 business days after the postmark (in the case of non-registered mail) or on the delivery date indicated on the proof of delivery slip. Excluded are instant messaging services such as WhatsApp or SMS.
- Communication “in writing” is considered valid if the message was sent or signed by the originator of the communication, or another party previously authorised in writing to act on their behalf. Written communications sent by post or courier must clearly show the signature of the originator. Written communications sent by email must originate from an address known by the company to belong to, or be in the control of, the originator; normally, this is verified by comparing the email address in question to our records for the identity claimed by the sender. Communications by any verbal means to the company by the client are considered acknowledged only if followed by a written summary by either party and if its validity, accuracy, or enforcement is confirmed in writing by the company.
- “Goods” and “stock” refer to any product, including but not limited to wine and spirits, that the company sells or otherwise deals with.
- “Case”, in the context of “a case of wine”, unless otherwise stated, is by default understood to refer to 12 750ml bottles (“12x750ml”, “12x75cl”, “12×75”, or any similar variation), but may in some cases also refer to 24x375ml, 6x1500ml, or any other combination resulting in a total of 9L, if the context of the communication provides.
- “Logistics” refers to the moving of goods (e.g. shipping); “storage” refers to the keeping of goods in a stationary place (e.g. a wine cellar). Some of our partners have operations in both domains.
- The minimum quantity is one whole unit of the item in question, e.g. if an item is listed as a case of 6 bottles, then we will not issue a sales order for 3 loose bottles.
- Delivery is arranged on a per-invoice basis with 1 delivery address per invoice: we do not offer partial delivery, e.g. if an invoice is for 6 cases, then delivery must be to 1 address and for all 6 cases. Requests to split invoices will be charged at GBP 10 per invoice, or the equivalent in the invoicing currency.
- Unless otherwise stated, stock marked of UK origin is sold ex-Vine (LCB Tilbury). Transfer to an account at LCB Tilbury is free; other destinations will be charged separately at current rates (with taxes, where applicable).
- Unless otherwise stated, stock marked of HK origin is sold ex-Crown Wine Cellars (Tuen Mun). Transfer to an account at Crown is free; other destinations will be charged separately at current rates (with taxes, where applicable).
- We will deliver to a third party (e.g. a forwarder) upon request in writing.
- It is the buyer’s responsibility to verify that the delivery has been received in the expected condition. Once delivery has been signed for by the recipient indicated on the invoice or by a third party designated in writing by the recipient, we will not be liable for any issues with, or complaints about, the goods.
Payment and stock availability
- Payment is due on invoice.
- We accept a wide range of payment methods, which may change from time to time. Any surcharges applicable to a payment method will be clearly indicated.
- Orders are only considered confirmed by the buyer upon full payment. Invoices issued and unpaid do not represent a commitment from us to supply the goods in question.
- We focus on broking stock and strive to ensure that confirmed orders are fulfilled in their entirety; however, due to the fast-changing nature of the market, it may occasionally be the case that a confirmed order cannot be fulfilled in full. Should that be the case, the buyer agrees to accept partial fulfilment with a credit note for the difference unless the buyer indicated otherwise in writing at the time of ordering and prior to our issuing the invoice. In case of partial fulfilment, the buyer remains responsible for meeting any minimum quantities (e.g. for shipment by a forwarder).
- As our primary model is broking, there will usually be a fulfilment time of around 4–8 weeks from order confirmation, unless otherwise indicated. We strive to deliver confirmed orders as soon as possible; however, there may occasionally be delays due to the nature of brokered stock (e.g. shipment delays due to extreme temperatures). Where there is a delay not attributable to causes outside of our control (e.g. weather or other causes affecting our industry generally) then the buyer agrees that a delay of up to 20 business days from the original agreed expected delivery date is considered acceptable.
- In the event of non-payment, we reserve the right to charge a cancellation fee of 20% of the outstanding amount or the total losses to us, whichever is greater. We reserve the right to use any credit notes or money in the defaulting account to cover said fee or losses. Additionally, you agree that we reserve the right to purchase from you any of your goods stored with us or which we hold on your behalf at a price not less than 60% of market price as determined by the mean of all Wine Searcher prices on the date this clause becomes applicable; our determination of the goods’ value shall be final. If we choose to exercise this right, then we will notify you in writing by sending an email to the email address we have on file for you; 30 days after sending this notice, we will be entitled to take ownership of the stock, at which point we will credit your account for the aforementioned purchase price, hold title to said goods, and will not be required to account to you for any further sums received by us for or in relation to said goods. Our right to purchase said goods from you does not affect any other remedies we may have.
- We reserve the right to charge interest on unpaid invoices at 8% over the Bank of England base rate from the date payment was due, regardless of the invoice currency.
- All goods are offered subject to market movement and remaining unsold.
- Costs associated with a buyer-initiated cancellation will be charged to the buyer.
- The title to all goods remains with us until all sums due to us from the buyer are paid in full.
- Any goods not collected, or for which no delivery arrangement has been agreed, within 1 week of the buyer being informed of the physical availability of said goods will be stored in our closest available storage facility at current rates.
- We are committed to being transparent about the quality, provenance, and condition of goods and will strive to answer any questions from potential buyers.
- We work only with well-reputed and trusted logistics and storage partners, which above all means goods are kept in temperature-stable environments appropriate for products of their nature.
- Given the highly subjective nature of olfaction and gustation, we cannot guarantee that a wine, whisky, or other product will show at its best in the moment that it is opened, nor can we know, objectively, the drinking window, ideal food pairing, preferred serving temperature, or any other characteristic related to olfaction, of any given product. There are a great number of variables that can affect a wine or spirit’s perceived quality, aroma, or flavour, such that variation may even be found within the same batch stored in identical conditions. Any comments in this regard made by individuals associated with the company, in any manner, must be considered the individual commentor’s subjective opinion only, which may not be in line with the buyer’s opinion, that of other individuals associated with the company, or that of the company itself. For the avoidance of doubt, the company as an entity does not hold claim to any opinions in this regard.
- We therefore do not accept returns or exchanges for any products that are claimed to be corked, tainted, fatigued, or otherwise faulty; similarly, we do not entertain “buyer’s remorse”.
- We will not be liable for failure to meet agreed obligations due to prevailing circumstances beyond our reasonable control.
Jurisdiction and dispute
- All contracts are subject to Hong Kong law and jurisdiction.
- Any dispute arising from or in connection with this contract shall be submitted to the Hong Kong Mediation Centre for mediation, which shall be conducted in accordance with the Centre’s Mediation Rules in effect at the time of the mediation. If multiple rules are in effect, the latest version shall be used.
- By offering a wine for sale via our company, you create a contractual obligation. If you are unable to fulfil this obligation (e.g. by making available the goods for which there is a confirmed buyer) then we reserve the right to fulfil the obligation on your behalf at market price, which will be charged to you at cost plus 10% of the selling price of the goods (e.g. by sourcing the goods on the open market on your behalf, which may not be the same as the price you intended).
- It is your responsibility to submit correct details (including, but not limited to, name, vintage, pack size, condition) of the goods in question. Corrections submitted after a sale is confirmed will not be entertained and you will be obliged to fulfil the obligation at the pre-correction price. We shall have the final say in matters of subjective judgement (e.g. label condition).
- You may withdraw a product from trade in writing at any time by sending an email to firstname.lastname@example.org, provided a trade for said product has not already been completed, as indicated by the presence of a relevant invoice in our sales system. You agree to cover costs incurred by us in fulfilling an order confirmed prior to your withdrawal request. Completed trades will only be voided at our discretion. A withdrawal is only considered acknowledged upon our sending a written confirmation notifying you that we have received your withdrawal notice. Until such a time, the consigned goods are considered available for transaction without further confirmation or approval from you.
- Upon trade completion, we will notify you in writing; this will normally be an email sent to the email address we have on file. It is your responsibility to ensure that emails from cropandvine.com and any related domains do not go into your spam folder or are otherwise filtered by your email provider.
- Unless otherwise agreed in writing, we only consider consignments of stock which has always been stored with a reputable professional storage provider, in its original packaging (Original Wooden Case or Original Cardboard Case), in perfect condition (including labels, fill level, and capsule) and without strip labels or import labels.
- We will only offer for sale, under consignment, goods which are currently stored in one of our storage facilities. It is your responsibility to have the goods in question delivered to one of our storage facilities and to notify us 3 full business days before delivery, failing which extra charges (including gate charges and admin fees) may apply. We only accept deliveries on business days. If you arrange delivery, then you bear the burden of proof of delivery and insurance; the proof of delivery must be clearly scanned and emailed to us within 72 hours of the delivery taking place. We may offer to arrange pick-up from your storage facility, charged to you at our current rates (plus taxes where applicable); said charges will be payable in advance of the pick-up.
- You may provide photos of the consigned goods. You agree to ensure that the photos contain no details which could reveal your identity and that we reserve the right to alter any photos with the aim of protecting the confidentiality of your identity without further notice to you. If no photos are provided, or if we deem the provided photos to be of insufficient quality (whether due to low resolution, bad lighting, or any other reason) or at risk of revealing your identity, then you agree that we will arrange with our storage provider to have photos taken without further confirmation or approval from you; this will be charged to you at current rates.
- If it is your intention to approve selling in fractions of a unit (e.g. splitting cases), then you must notify us of this intention in writing, for lack of which we will automatically refuse fractional offers from potential buyers. You agree to cover all costs associated with fractional transactions (e.g. as may be imposed by our logistics or storage partners).
- The price agreed between you and the company represents the minimum price you are willing to accept for a sale before our 10% commission. You agree that we may sell the goods at a higher price without further approval or confirmation from you.
- All transactions will be settled in GBP within 30 calendar days of our final inspection of the goods following a confirmed sale. Any bank charges or foreign-exchange charges (e.g. incurred by instructing us to transfer to a non-GBP bank account) will be the seller’s responsibility.
Errors and omissions
- Whilst we have various checks in place to reduce errors, these may occur from time to time, including but not limited to causes of human error or technological error.
- If there is an obvious error in the details of goods sold, we will inform the buyer or seller as soon as possible and offer the option to either reconfirm the order with the updated details or cancel the order. This may involve an adjustment of the price. Both the buyer and seller agree that, if either is not contactable, we reserve the right to treat the order as cancelled without any liability to us.
- If you wish to store with us, then you must notify us of your intention:
- when buying from us; or
- minimum 3 business days before arranging delivery to our facility, failing which we reserve the right to refuse to accept delivery and to charge any associated costs. It is your responsibility to arrange for insurance during delivery.
- We do not accept mixed cases or loose bottles without prior agreement.
- We will not inspect goods sent to us for storage, including but not limited to condition, provenance, authenticity, or quality. You are responsible for monitoring these characteristics for any goods you store with us. We will not be liable for the original or eventual state or condition of the goods.
- You agree that our storage facility is owned and operated by a third party which provides conditions (including temperature and humidity) which we deem suitable for the storage of wine and spirits.
- Storage is charged yearly in advance. You agree to settle any outstanding payments with us prior to removing an item from storage.
- You may collect, or have collected, any wines we are holding for you with a minimum of 2 full business days’ notice. If you intend for a third party to collect on your behalf, then you must notify us of the third party’s identity in writing. Alternatively, we may arrange delivery to your address, charged to you at our current rates.
- If you wish to store with us, then you must notify us of your intention:
- Our liability in connection with these terms and conditions is limited to the following:
- in the case of loss or damage to goods, the lowest market value as given by Wine Searcher, limited to the amount that we may recover under our insurance policy; and
- in any other case, not exceeding the total amount paid by you for storage in the last 24 months, limited to the amount that we may recover under our insurance policy.
- We are not liable for any direct or indirect loss or damage related to loss of data, profit, anticipated savings, reputation, bargain, opportunity, revenue, or business, however caused, even if foreseeable.
- We will not be liable for any failure to perform our duties under or in connection with this document or any related documents for any reasons which are beyond our reasonable control, including but not limited to actions by our service providers (e.g. shipping companies, storage providers), strikes, civil commotion, riot, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
- Our liability in connection with these terms and conditions is limited to the following:
- We reserve the right to alter this document and any related documents at any time, and you acknowledge that the URL to this document and any related documents may change at any time. Any such changes are effective at the time of being posted on our website. It is your responsibility to read the terms and conditions, and any related documents, on each occasion of your using our services, which includes email orders and the use of our website. Your use of any of our services signifies your acceptance to be bound by the latest version of the terms and conditions and any related documents.