Terms and Conditions
· 1. Generals
· 1.1. Interpretation
· Services: is the list of services that AA Somm Limited offers to ours clients which are buying wines, selling wines, storage of wine and consultancy.
· Duty Paid (DP): (Wine) in respect of which any applicable UK customs duty, excise duty and VAT has been paid.
· En Primeur (EP): (Wine) in an unfinished state before it is bottles and/or shipped by the producer.
· In Bond (IB): (wine) that is and will remain in a bonded warehouse, with payment of any applicable UK customs duty, excise duty and VAT suspended, until removed from bond.
· Contract: Agreement between AA Somm Limited and you for any of our services.
· “We” or “us”: AA Somm Limited, Reg Number: 13143384, Flat 15 Integra House, 967 Garratt Lane, SW17 0GQ.
· Customers and/or Clients: Person and/or business which agrees to this Terms and Condition by completing point 1.3. This can also be referred to as “You”.
· Warehouse: An authorised place where goods subject to excise duty are produced, processed, held, received or dispatched under duty suspension arrangements by an authorised warehouse keeper in the course of their business.
· Goods: is to be intended for wines and/or spirits.
· Headings do not affect the interpretation of these terms.
· 1.2. Terms and Conditions (“Terms”) apply to all the wines and services that are offered by AA Somm Limited provided to our customers/clients (“you”).
· 1.3. For the terms to be valid, there must be an email stating that you approve and agree to the terms and a signed contract between both parties, Angelo Altobelli Director and Founder of AA Somm Ltd and you. If any of the above stated in this point is missing, this Terms and Conditions shall not be valid.
· 1.4. We reserve the right to amend these terms and conditions 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 and conditions on each occasion ahead of confirming any order. In the event of a changing of the terms. If under contract with AA Somm Limited, we shall inform you of these changes.
· 1.5. We are not accountable for any taxes under which any goods stored in a IB warehouse are suspended. All taxes must be paid, upon removal of the goods from the IB warehouse, by the consumer which is you.
· 2. Sales of goods
· 2.1. Orders are subjected by the relevant laws of the United Kingdom. All purchasers must be 18 years old or over aligned with the law.
· 2.2. An order is placed at the point we issue an invoice for a purchase confirmed by a customer by means outlined in section 1.2. any confirmation of the order is considered acceptance of these terms.
· 2.3. All orders will include the applicable taxes to the relevant jurisdiction(s) for that sale, at the prevailing rate, which shall be paid at AA Somm Limited by Bank Transfer.
· 2.4. There is a minimum order of value of £300 (excluding any applicable taxes), unless otherwise agreed with us.
· 2.5. Up to the point of delivery, we reserve the right to cancel any order where;
o2.5.1. 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.
o2.5.2. We deem the stock to be of any risk to our reputation or that of the producer or the owner of the wines.
· 2.6. AA Somm Limited will arrange delivery where costs will be quoted at the moment of the selling. These costs will have to be paid from the buyer of the goods. Unless otherwise formally agreed by email.
· 2.7. In the event of selling wines, we will be doing it on our client’s behalf.
· 3. Payments Terms
· 3.1. Payment of any service will be due upon receipt of invoice, unless otherwise formally agreed by email. Up until receiving payment, we will not be providing any service.
· 3.2. We reserve the right to charge cancellation fees up to 50% of the invoice value or actual losses incurred by us.
· 3.3. We reserve the right to withhold any goods stored on your behalf in our warehouse at London City Bond, including long-term private reserves, for non-payment of any invoice. This applies to invoices for goods and/or services.
· 3.4. Payment of duty and taxes must be complete in the event that a client decides to leave AA Somm Limited. Before goods are removed from bond, goods must be free of taxes, therefore DP.
· 4. Cancellation
· 4.1. Our clients have the right to cancel any order/service under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Regulations).
· 4.2. Cancellation will only be applicable to unopened goods. At our discretion we may offer a reimbursement factoring in any perceived loss of value due to any handling by you.
· 4.3. You will be responsible for all costs associated with returning the goods including point 6.1.5. Of these terms.
· 4.4. Our clients have the right to take their wines at any time, In the event of goods being stored from us, a final invoice bill will be presented to the client with the voices of “handling charges” of £2+VAT per case of 12 bottles (9 litres equivalent case) and £1+VAT per case of 6 bottles (6 litres equivalent case) and charges stated in point 6.1.5. Of these terms.
· 4.5. In the event of our clients leaving us, you agree that goods will not be released and will remain held by AA Somm limited until completion of point 4.4. Of these terms.
· 4.6. In the event of point 4.4. of these terms, goods must be DP.
· 5. Delivery
· 5.1. “Delivery” (including, but not limited to; deliveries to an address, releases for collection, transfers between warehouses and exports) will be charged at cost. Free deliveries and/or agreed order thresholds for free deliveries may be offered at our discretion.
· 5.2. We will be providing delivery service upon your request if necessary, but only on completion of point 3.1 of these terms.
· 5.3. Any provided delivery dates are estimates only and we/our transport providers do not guarantee to meet any delivery date.
· 6. Services
· 6.1. Buying goods
o6.1.1. We will be buying goods on your client’s behalf and we will only complete the transactions when prices are agreed verbally or via email from all the parties involved.
o6.1.2. When buying en primeur, wines are legit and guaranteed but estimated time of arrival will be communicated at the time that the transaction will be completed.
o6.1.3. When buying the goods it is AA Somm Limited responsibility to specify the conditions of the Duty tax and VAT for our clients.
o6.1.4. When buying en primer Duty taxes and VAT are suspended therefore clients will not be suspended until goods are kept in the warehouse.
o6.1.5. In the event that the customer/client decides to take the goods out of the warehouse for any reason, including point 4.4. of these terms; AA Somm Limited will be collecting the charges of Duty tax+VAT and VAT of the goods; plus £3.5+VAT per dozen units. Failing of this point will result in goods not being released to the clients.
· 6.2. Storage of the goods
o6.2.1. AA Somm Limited will be storing your wines with our suppliers, where they can be safeguarded and controlled. All of our wines will always be stored IB at controlled temperature and they are fully covered by our suppliers and not by us. AA Somm Limited is not responsible for any damage or loss of your wines at anytime.
o6.2.2. We will not cover the costs of the insurance company at any stage.
o6.2.3. In the event that we provide an insurance company, a separate contract/terms shall be stipulated.
o6.2.4. When using our storage service, we will charge a flat rate which will be agreed and communicated via email. This fee covers storage of your wine at our supplier’s IB warehouse and insurance is also provided by the supplier itself. More information on where your goods are stored can be found in the file “Wine Storage” in your member folder shared with us via “Google Drive”. It is our responsibility to keep the fine up to date.
· 7. Provenance and Quality Control
· 7.1. We make best endeavours to ensure that all goods offered by us are of the best possible provenance and have benefitted from optimal storage prior to our acquisition. 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.
· 7.2. With regards to older, particularly rare or particularly high-value goods, we make reasonable endeavours to verify provenance of such products but we are unable to guarantee authenticity. Despite improving technology and methods, inspecting goods for authenticity often remains subjective and therefore impossible to establish definitively. At the best of our ability we will provide information on the provenance of the goods, but specific goods cannot be guaranteed or warranted by us in any way.
· 7.3. In the event of goods affected by TCA or cork taint, they can be returned with full refund of the value of the goods invoiced by us at the moment of buying them. In the event of purchasing goods from private cellars or broking lists, AA Somm Limited shall always specify in advance; and in these circumstances goods will not be guaranteed where storage was carried out in properly and/or the legitimate of the product; therefore in this occasion no refund/return of the wine can be processed from us nor if affected by TCA or cork taint.
· 7.4. In order to process the refund as stated in point 7.3. the affected bottle containing the original wine with the original cork must be returned to us, failing to do so will result in a refund not be eligible.
· 7.5. AA Somm limited will not be refunding any of its fees charged at any stage unless otherwise formally agreed by email.
· 7.6. We cannot guarantee the quality of the contents within the bottle.
· 7.7. We recommend that goods shall be allowed time to rest after transport, 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 at no extra cost.
· 8. Liability
· 8.1. In the event of buying wine, we will only be trading on your behalf, therefore we will not be responsible and/or liable for the quality of the products.
· 8.2. We are not to offer services as tax advisors for our clients nor recommendation on how to avoid paying taxes.
· 8.3. When Investing in goods be aware that capital is always at risk, therefore we are not to be accountable for any loss of capital our clients might face when buying and selling their wines.
· 8.4. We won’t handle money on our clients behalf, as all the transactions will always be pre-agreed between AA Somm Limited and our clients.
AA Somm Limited will endeavour to ensure all confirmed En Primeur orders are met, however, in the unlikely event due to any unforeseen circumstances outside the control of AA Somm Limited, whereby we are unable to fulfil your order due to producer failure, shortfall in logistics or for any other reason, we will offer you similar wine(s) or, a refund will be issued at the original Invoice price without any liability to you.
All Copyright, trade marks, designs and other intellectual property rights whether are registered or not; present on our website (www.aasomm.com) including and not limited to articles, educational, images, posts and these documents belong to AA Somm Limited. We at AA Somm Limited reserve all the rights with no exclusions. Nothing on our website and/or our Terms grants you the legit to use any of the stated rights. Any unlawful use of AA Somm Limited property will result in legal actions. Uses of any property must be authorised by our Director and Founder Angelo Altobelli by written email at Angelo.email@example.com.