Terms & Conditions

Farthinghoe Fine Wine Limited is a company registered in England and Wales. Our company registration number is 01123744 and our registered office is at [Ground Floor Unit 501 Centennial Park, Centennial Avenue, Elstree, Borehamwood, Hertfordshire, United Kingdom, WD6 3FG. Our registered VAT number is 121834494. 

Please read all these terms and conditions carefully before accessing, using or obtaining information, products or services. By accessing the FFW website and/or communication via electronic means the CLIENT agrees to be bound by these Terms and Conditions.

FFW reserve the right to and may modify these Terms at any time, for any reason by posting a new version on their website.  These changes do not affect rights and obligations that arose prior to such changes.

CLIENTs continued use of the FFW website following the posting of modified Terms will be subject to the Terms at the time of the CLIENTs use.  Please review these Terms periodically for any modifications.

DEFINITIONS

• FFW means Farthinghoe Fine Wine Limited
• THE BOND means Octavian’s bonded warehouse in Corsham, Wiltshire, UK.
• IN BOND means wines held in bond which have not passed through customers with no Duty or VAT paid on them
• VAT means Value Added Tax
• DUTY means Wine Duty to be paid on wine more than 1.2% ABV (alcohol by volume)  
• CLIENTS STOCK means all wine paid in full by the CLIENT
• EP means En Primeur Wine sold in an unfinished state before it is bottled and shipped by the producer
• CCR means Consumer Contracts Regulations 2013

APPLICATION OF TERMS

These terms apply to all contracts for the sale of Goods by FFW.  No alterations, amendments, cancellation or waiver of these Terms is binding unless confirmed by FFW in writing.

CANCELLATION, CHANGES AND COMPLAINTS

FFW reserve the right to cancel an order due to non-payment beyond the payment terms set out within this document.
If a CLIENT wishes to make a change to an order they should contact FFW at the earliest opportunity. FFW will let the CLIENT know if the change is possible. If it is possible FFW will let the CLIENT know about any changes to the price of the goods ordered, the timing of supply or anything else which would be necessary as a result of the requested change and ask the CLIENT to confirm whether they wish to go ahead with the change.   
Under the CCR 2013 if a CLIENT has placed an order online they are entitled to change their mind and inform FFW of this within 14 days. FFW will issue a refund or credit. 
Complaints can be made in writing to FFW, 21 Whittall Street, King’ Sutton, Oxfordshire, OX17 3RD, addressed to the Managing Director.

CONFIDENTIALITY

FFW are registered with the Information Commissioners Office and in line with the General Data Protection Regulation (GDPR) may share CLIENT information with third parties.  
CLIENT information is regarded as confidential and will not be divulged to any third party, other than THE BOND, appropriate delivery companies and if legally required to do so by the appropriate authorities.  
CLIENTs have the right to request sight of, and copies of all records held by FFW relating to the CLIENT which can be asked for through the FFW office.   

THE BONDED WAREHOUSE (THE BOND)

CLIENTS’ STOCK, unless they make other arrangements, is stored by FFW at THE BOND.
THE BOND is a subterranean Bond, which is temperature and humidity controlled.  THE BOND is rigorously and securely controlled by HR Customs and Excise. 

THE SYSTEM

Once purchased, CLIENTs wine is delivered to THE BOND as IN BOND. N.B. Depending on the type and vintage of wine, this does not always happen immediately, e.g. 2018 claret bought in 2019 would typically be shipped in 2021 (it won’t be in bottle till mid 2020).
If CLIENTs already use another storage facility, FFW can arrange to deliver it that facility upon CLIENTs instructions. 
VAT (calculated on the original purchase cost of the wine) and DUTY are not payable until final delivery is received in the UK. 
Wine can be sold IN BOND or exported, without paying any DUTY or VAT.

STORAGE

Each case will have the following information detailed on attached labels making it clearly and legally identifiable:

• FFW Ltd (to refer it to us, the owner and administrative multi-owner account)
• The CLIENT’s account number and name (referred to as the multi owner)
• A rotation number, unique to that case (s), which is shown on a CLIENT FFW Stock Holding Report 

LEGAL OWNERSHIP & TITLE AT THE BOND

All wine remains the sole property of FFW until paid for in full by the CLIENT. 
Once payment in full is received by FFW and the wine is delivered to THE BOND, legal ownership is transferred to the CLIENT and becomes the sole property of the CLIENT.  
As detailed in Storage, the wine is clearly identifiable as belonging to the CLIENT by labelling and documentation at THE BOND.    
FFW internal records and the CLIENT’S Stock Holding Report identify each case with a unique Rotation Number corresponding to the CLIENT’S case in THE BOND. The Rotation numbers and CLIENTs name offer unique case level identification. 
In case of any calamity, THE BOND would share reserve records with any party appointed to deal with such calamity and await any decision on resolution. THE BOND would continue to deal with any such party in accordance with their T&C’s. Any releases of stock would be instructed by Farthinghoe or appointed administrator/liquidator should such be appointed at any point in accordance with UK legislation. 

INSURANCE

Octavian agree to purchase extended insurance coverage for their liability for a Customer’s goods whilst in their custody or control for ‘All Risks’ of accidental physical loss and or damage, subject to standard policy terms and conditions. 

Octavian’s liability shall be limited to the replacement or market value of the goods, whichever shall be the lower. 

Octavian is not aware of the actual value of Customer’s goods and gives no warranty that its insurance cover will be sufficient in the event of a catastrophic loss. This ‘All Risks’ extension is intended to cover Customers for loss of stock incurred during ‘day to day’ business activities and not a major loss caused by some catastrophic occurrence. In the event of claims exceeding the total sum insured by Octavian, a Customer’s claim will be settled out of the total amount recovered from Octavian’s insurer pro-rata in the proportion that the value of that Customer’s claim bears to the total value of all Customer's claims. 

Octavian accept ‘mixed cases’ for storage at case rates where permitted by HMRC. 

For duty paid ‘mixed cases’ received, unless otherwise instructed, Octavian will not open the cases in order to verify the contents. ‘All Risks’ cover will not apply to unchecked ‘mixed cases’, with any claims being subject to standard UKWA and RHA conditions. 

If the Customer requires Octavian to open a duty paid ‘mixed case’, and for all under-bond ‘mixed cases’ received, they will be opened and checked for the number of bottles and that the description on the bottle labels corresponds with the accompanying paperwork, and a charge will be levied. 

Where the contents of a ‘mixed case’ have been checked, the case will be recorded on the system as a ‘mixed case’, a photograph placed on Octavian Online and ‘All Risks’ cover will apply (individual products will not be recorded on the system).

STOCK HOLDING REPORTS

All CLIENTs receive a FFW stock holding report for all stock purchased and still held by FFW or pending delivery to THE BOND.
Stock Holding Reports are split up into three categories: 
BONDED STOCK - Stock that has physically arrived in THE BOND
DUTY PAID STOCK - Duty Paid stock in the separate Duty Paid section of THE BOND
STOCK PENDING ARRIVAL – Stock either not yet arrived or very recently in but not yet physically added to your pallet. 
FFW issue Stock Holding Reports which are sent to CLIENTs electronically twice a year. 
N.B. It is the CLIENTs responsibility to check Stock Holding Reports upon receipt to ensure accuracy.  FFW will not be held wholly responsible for uncorrected errors three years from the date of invoice.

STORAGE CHARGES

FFW’s rental year runs from 1 January to 31st December, charged annually in arrears. 
Rental and any insurance for high value stock will be invoiced in January and is due for immediate payment.

INCOMING STOCK

If CLIENTs have stock held elsewhere but would like to consolidate it into their stock reserves with us at THE BOND, FFW will be pleased to assist with that, subject to a £7.50 per case RH&D and administration charge to cover the cost of doing so.
All CLIENTS STOCK will then appear on their FFW Stock Holding Report and an on-line stock report available through FFW website.

PAYMENTS

All purchases are due on invoice, unless credit terms are agreed (please be aware, we may perform a credit check).
For all deliveries required immediately payment must be made before delivery arrangements can be made. 
Payments can be made via UK debit card, bank transfer or cheque.  Details upon request.
N.B. in the event of the CLIENT becoming out of touch with FFW, FFW reserve the right to sell the minimum necessary amount of CLIENTS STOCK to cover any outstanding balance.

CLEARANCE FOR CLIENT’S USE IN UK

This can be arranged on request.
CLIENTs instruct FFW to clear a number of cases to a specific destination. FFW prepare and send the CLIENT an estimate for documentation, clearance, Rental, delivery, Duty and VAT (both of the latter must be paid to Customs and Excise before clearance).
Upon receipt of payment from the CLIENT, FFW arrange delivery. Deliveries are available from Monday to Friday, and a particular day can be specified for delivery, but not a specific time. Clearance (and shipment) can also be arranged for UK resale or overseas delivery. 

DELIVERY

• Duty Paid Wine. Delivery will be completed when FFW deliver to the wine to the CLIENT at the delivery address notified
• In Bond Wine and En Primeur Wine. Delivery will be completed when the wine is transferred to the Bonded Warehouse.

If a CLIENT is not at home when delivery is attempted, FFW assigned couriers will leave a note informing the CLIENT of how to rearrange delivery or collect the products from a local depot.  Any associated re-delivery charges are charged to the CLIENT at FFW discretion.

QUANTITIES

Wines are typically listed by the case of a dozen bottles (12 x 75 cl) IN BOND.  Magnums (150 cl), halves (37.5 cl), cases of six bottles (6 x 75 cl) are noted as appropriate. 
N.B. a case being sold to a CLIENT as ‘IN BOND Octavian’ does not necessarily mean the wine has already arrived at THE BOND (it might be 2019 claret still in a cask in Bordeaux) but that you have paid all charges up until the case is put onto your Octavian account pallet; in effect, you have paid for the shipping and handling etc. charges.   

VISITS

CLIENTs wishing to visit or collect from THE BOND is most welcome to do so. THE BOND ask for a few days’ notice, which can be arranged through FFW office. 
THE BOND is 15 minutes south of Junction 17 on the M4, south of the hamlet of Gastard and on the right. Not open on Saturday or Sunday.   

EVENTS

Until payment is received by FFW any booking for a FFW event is not secured.  Once payment is received by FFW, refunds will only be issued in exceptional circumstances. In the event of cancellation by FFW, full refunds will be given to all CLIENTs.