Terms and Conditions

1. GENERAL INFORMATIONS: Our general terms and conditions, unless otherwise specifically agreed in a writing signed By Britaly Ltd, govern all the current and future sale contracts of wines with Britaly Ltd as seller and any purchaser as “Buyer”.

2. APPLICATION OF TERMS: 2.1 Subject to any variation under condition 2.2 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). 2.2 These Conditions apply to all Britaly’s sales and any variation to these Conditions and any representation about the Wines shall have no effect unless expressly agreed in writing by Britaly. 2.3 Each order for Wines by the Buyer from Britaly shall be deemed to be an offer by the Buyer to purchase Wines subject to these Conditions. 2.4 No order placed by the Buyer shall be deemed to be accepted by Britaly until a written acknowledgement, including by fax, of the order is issued by Britaly or (if earlier) Britaly delivers the Wines to the Buyer. 2.5 Britaly reserves the right to totally or partially cancel the order, where Britaly is not able to   supply the Buyer with the wine requested, either in part or in whole.

3. DELIVERY: 3.1 Unless otherwise specifically agreed in writing by Britaly, each sale is delivered to the Buyer by Britaly or its logistics partners. 3.2 Unless otherwise specifically agreed in writing by Britaly, the delivery schedule stated in the order or in the confirmation of order reflects an expectation but not an obligation of Britaly. Therefore, late delivery will not justify either a claim for damages or the cancellation of the order. 3.3 If for any reason the Buyer will not accept delivery of any of the Wines when they are ready for delivery, or Britaly is unable to deliver the Wines on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: a) risk in the Wines will pass to the Buyer (including for loss or damage caused by Britaly negligence); b) the Wines will be deemed to have been delivered; and c) Britaly may store the Wines until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance). 3.4 Any liability of Britaly for non-delivery of the Wines shall be limited to replacing the Wines within a reasonable time or issuing a credit note at the pro rata rate against any invoice raised for such Wines.

4. RISKS/ENTITLEMENT: 4.1 The Wines are at the risk of the Buyer from the time of their delivery. 4.2 Ownership of the Wines shall not pass to the Buyer until Britaly has received in full (in cash or cleared funds) all sums due to Britaly in respect of: a) the Wines; and b) all other sums which are or which become due to Britaly from the Buyer on any account. 4.3 Until ownership of the Wines has passed to the Buyer, the Buyer must: a) hold the Wines on a fiduciary basis as Britaly’s bailee; b) store the Wines (at no cost to Britaly) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as Britaly’s property; c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Wines; d) maintain the Wines in satisfactory condition insured on Britaly’s behalf for their full price against all risks to the reasonable satisfaction of Britaly. On request the Buyer shall produce the policy of insurance to Britaly; an e) hold the proceeds of the insurance referred to in condition 4.3 (d) on trust for Britaly and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. 4.4 The Buyer may resell the Wines before ownership has passed to it solely on the following conditions: a) any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and b) any such sale shall be a sale of Britaly’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale. 4.5 We reserve the right to perform credit checks on our customers.

5. PRICE AND CONDITIONS OF PAYMENTS: 5.1 The Buyer shall pay for the ordered Wines in conformity with the terms established by Britaly price list or by separate written agreement. 5.2 The prices set out in Britalt Price list. VAT will be added to the sale price at the applicable rate. 5.3 In case of deliver from the Italian Wine Producer to Buyers door, direct invoicing amongst the Producer and the Buyer will be put in place. Therms and conditions will follow the producer policy of sales, on a separate contract.

6. QUALITY: 6.1. the Buyer gives written notice of the defect to Britaly, as soon as have discovered the defect. 6.2 Britaly is given a reasonable opportunity of examining such Wines and the Buyer (if asked to do so by Britaly) returns such Wine. 6.3 Britaly shall not be liable for a breach of the warranty in clause if: expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

7. TERMINATION:  Without prejudice to any other rights to which it may be entitled, Britaly may terminate these Conditions without any written notice to theBuyer.

8. FORCE MAJEURE: Britaly reserves the right to defer the date of delivery or to cancel the order or terminate the agreement or reduce the volume of the Wines ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Britaly including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes.

9. GENERAL: Any waiver by Britaly of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Conditions.

10. COMMUNICATIONS:  All communications between the parties about these Conditions must be in writing and delivered by hand or sent by pre-paid first class or email to info@britalyltd.co.uk.

11. Delivery: no minimum orders and delivery within two working days. Prices are without transport’s cost, in fact it is based on distance and quantities purchased. Our delivery system rewards you, the more you order, the more you save. You will find your shipping cost by continuing with the purchase. Orders will only be handed out to the same person that placed the order, subject to ID check and age check.