Terms & Conditions
These terms are solely for purchases made through Monty’s Wine Emporium at www.montyswineemporium.com.
Monty's Wine Emporium is a division of Montague Fine & Rare Wines Limited, a company registered in England and Wales. Our company registration number is 06852174, and our registered office is at 118 Pall Mall, London SW1Y 5EA, UK. Our VAT number is 947269774.
Montague Fine & Rare Wines Limited are a government approved wholesaler of alcohol under Her Majesty's Revenue and Customs (HMRC) Alcohol Wholesaler Registration Scheme (AWRS). Our government registration record can be checked against the official HRMC website with our Unique Reference Number (URN): XYAW00000114886.
You can contact us by telephoning our customer service team at +44 (0) 1242 303736 or by writing to us at drink@montyswineemporium.com or 118 Pall Mall, London SW1Y 5EA, UK.
1. Interpretation
1.1. “We”, “us”, and “our” means Montague Fine & Rare Wines Limited; “you” means the customer agreeing to these terms and conditions in accordance with the provisions herein.
1.2. The definitions in this clause apply to the terms and conditions set out in this document:
(i) Delivery: has the meaning set out in clause 3.3;
(ii) Delivery Date: refers to the date the Selected Wines or Spirits are delivered to you;
(iii) Force Majeure Event: shall have the meaning given in clause 10;
(iv) Selected Wines or Spirits: the wines or spirits that we are selling to you as set out in the Order;
(v) Order: your order for the Selected Wines or Spirits;
(vi) Our website: means montyswineemporium.com;
(vii) Terms: the terms and conditions set out in this document.
1.3. Headings do not affect the interpretation of these Terms.
2. The Agreement
2.1. These Terms, the Order and our price list constitute the whole agreement between you and us for your purchase of the Selected Wines or Spirits. Please check that the details in the Terms or Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the specification of the Selected Wines or Spirits or other variation to the Terms or Order that you agree with our authorised employees and agents will only be binding if recorded in writing.
2.2. We only accept responsibility for fraudulent statements and representations by our authorised employees and agents that are made in writing.
2.3. Please ensure that you read and understand these Terms before you sign and submit the Order because you will be bound by them once a contract comes into existence between us in accordance with clause 2.7.
2.4. Any samples, drawings, or advertising we issue, and any illustrations contained on our website, are produced solely to provide you with an approximate idea of the Selected Wines or Spirits they describe. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the true colours of the products. Your products may vary slightly from those images.
2.5. If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.6. The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.7. The placing of an order anywhere on our website does not constitute a contract. Order acceptance and the contract between you and us will only be formed upon despatch to you of the product(s) ordered unless we have notified you that we do not accept your Order or you have cancelled it prior to despatch. To avoid doubt, a contract is not formed at the point in time that payment has been taken from you by us nor at the point when you receive an email from us acknowledging receipt of your order. Non-acceptance of an order may be a result of one of the following:
(a) The product(s) you ordered being unavailable from stock;
(b) Our inability to obtain authorisation for your payment;
(c) Our inability to verify that you are aged over 18; or
(d) The identification of a pricing or product description error.
2.8. We will not sell wine to anyone who is not 18 years old or over. When you register your details, you will be required to enter a valid date of birth to confirm that you are 18 years old or older. By placing an order, you also confirm that you are at least 18 years old.
2.9. If you are buying any of our products that contain alcohol as a gift - the recipient must also be over 18 years old.
2.10. If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the wine is unable to produce appropriate ID, unfortunately our couriers will be unable to leave the wine.
2.11. All wines shown on our website are offered subject to market movement and remaining unsold.
2.12. We are free to accept or decline the whole or part of any Order at our absolute discretion. Where we decline part of an Order, we will confirm this to you and afford you the opportunity to continue with the part of the Order we have accepted or to cancel the Order in full and receive a refund of the amount of the cancelled Order in accordance with clause 11.1.
2.13. The availability of the Selected Wines or Spirits will be checked after we have received the Order. At any point before delivery of the Selected Wines or Spirits to you, if we are unable to fulfil your Order (or any part thereof), we will advise you of this. If we have already debited your payment card, the appropriate amount will be credited to the card or account used to place your order.
2.14. We may substitute Selected Wines or Spirits for wines of equal or greater value when necessary. If we intend to substitute any Selected Wines or Spirits in accordance with this clause, then we will give you reasonable notice, and you may then contact us to cancel the Order and receive a refund for any products paid for but not received. If the substituted wines have already been dispatched to you when you notify us that you would like to reject the substitute wines, you will need to wait for the Order to be delivered to you, at which point you may return the substitute wines in accordance with clause 11.1.
2.15. We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.16. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes to our operating practices. You will be subject to the policies and terms in force at the time that you order the Selected Wines or Spirits from us unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. Delivery and Prices
3.1. We will arrange for the Selected Wines or Spirits to be delivered to the delivery address specified by you in the Order. We are not liable whatsoever for any products delivered to an address which has not been correctly provided by you. You may receive communications from our courier during the delivery process.
3.2. We will notify you of the estimated Delivery Date. If your Order is placed before 12:00 pm (UK) on a weekday, Delivery of the Order will typically be the following day, including Saturdays, except Bank Holiday Weekends.
3.3. Delivery of the Order shall be completed when the Selected Wines or Spirits are delivered to their specified delivery destination (Delivery). Any UK duty or VAT due on said orders will be included in the purchase price. Any delivery charges are additional unless otherwise specified.
3.4. If you are out when delivery is attempted, then the driver may be able to leave your order for you per the instructions you provided when you placed your Order, for example, in a safe place or to a neighbouring address. If this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery.
3.5. Please note that delivery to a neighbour or nominated safe place location may not be available for age-restricted items. Upon home delivery or collection from a drop-off point, the recipient must provide proof that they are the stated person on the delivery documentation. Attempted delivery can occur up to 3 times, after which the products will be returned to us, and we then ask you to contact us. The following photo identification is accepted: a passport or a UK or European Union photocard driving licence.
3.6. If, after a failed delivery, you do not re-arrange delivery or collect the products from the location notified to you, we will contact you for further instructions. We may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and refund you the money you have already paid for the Order. We are entitled to deduct a reasonable sum from the refund to cover any costs incurred as a result.
3.7. Please note that we operate an age verification policy that applies at all delivery and collection points, and you may be asked to provide your ID both on collection and at delivery.
3.8. Purchases made through our website cannot be delivered to the Scottish Highlands, Isle of Wight and Scilly Isles, the Channel Islands or destinations outside the UK. We are unable to ship to PO Box addresses.
4. Title and Risk
4.1. Ownership of the Selected Wines or Spirits will pass to you on the later of:
(a) us receiving payment in full of all sums due for the Selected Wines or Spirits as stated in the Order; and
(b) delivery of the Selected Wines or Spirits to you.
4.2. You will become responsible for the Selected Wines or Spirits from the time that we deliver the Selected Wines or Spirits to you in accordance with the Order.
5. Price
5.1. The price of the Selected Wines or Spirits will be as set out by us in the Order. Prices are liable to change at any time, but price changes will not affect Orders we have confirmed in writing. Prices are set out as being per case or per bottle (bt) as indicated.
5.2. If there is any change in price between you placing the Order and us accepting the Order in writing, then we will provide you with reasonable notice of this change and allow you to either accept the change in price or cancel the Order.
5.3. Our rights under this clause do not affect any other remedies we would otherwise have under law or under these Terms.
5.4. Although we endeavour to ensure that all pricing information on our website is accurate, an error may occur occasionally, and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price, we will contact you by telephone or email before despatching your products, asking you to confirm if you still wish to proceed with your Order at the correct price or cancel your Order. If you do not confirm that you wish to proceed with the Order within seven days of the date of our email, we will consider this as a withdrawal of your Order.
6. Quality Guarantee
6.1. If a bottle of wine is corked, oxidised or appears otherwise out of condition, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the faulty bottle with a bottle of the same type of wine (or if not available, a bottle of another type of wine which is of equivalent value). Alternatively, if you prefer, we will refund you an amount equal to the value of the bottle. We reserve the right to ask you to provide evidence of the fault and to collect the faulty bottle for inspection (at our cost).
6.2. In the event that any of the Selected Wines or Spirits in your Order are incorrect, please let us know within 3 days of the day of delivery. We will provide a full refund or replacement for any wines that do not correspond with the wine described in your Order. This does not affect your statutory rights. We may require such bottles to be returned to us. We will arrange this as necessary at your convenience and at our cost. However, if you handle the goods whilst they are in your possession in a way which would not be permitted in a shop (for example, by opening a bottle of wine or removing a seal), we will reduce your refund to reflect the reduction in the value of the goods.
7. Fraud and Crime Prevention
For the purposes of the prevention or detection of offences or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.
8. Liability
8.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match the information we provided to you and any sample or model seen or examined by you, of satisfactory quality and fit for any particular purpose made known to us.
8.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4. We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:
(a) Your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section below; or
(b) Any spillages or breakages involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective.
8.5. Subject to clause 8.2, our total aggregate liability to you arising out of or in connection with the contract shall not exceed five times the price paid by you for the Selected Wines or Spirits which give rise to the claim or liability.
8.6. If you have any queries, complaints or comments about the Selected Wines or Spirits, these should be sent to Montague Fine & Rare Wines Ltd at 118 Pall Mall, London SW1Y 5EA, UK.
9. Risks, Warning and Storage Conditions
You should be aware of the following inherent risks and warnings in respect of our products:
(a) Alcohol should be consumed in moderation.
(b) A case of wine is heavy, so extra care should be taken when lifting it. If you are concerned about the weight, we advise that you transfer the bottles 1 or 2 at a time.
(c) Red wine, in particular, may cause staining if spilt, so extra care should be taken.
(d) Sparkling wines and champagnes can be volatile due to the build-up of gasses. Extra care should be taken when opening these.
(e) The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere with some moisture to avoid the drying out of corks. The wine should be subject to as little movement as possible.
10. Events Outside Our Control
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
10.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) pandemic or epidemic.
10.3. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will contact you as soon as possible to let you know and take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for the Selected Wines or Spirits that you have paid for but not received.
11. Cancellation Rights
11.1. If you cancel the Order but we have already despatched the Order to you, we will not be able to cancel the Order until it is delivered. In this case, if you return the Order to us within 14 days after the day of Delivery, we will charge you the cost of collection, or you will have to pay the cost of returning the Order to us. This will not affect your refund for the Order itself. We will refund any charges for standard delivery but will not refund any charges paid in addition to our standard delivery charges for non-standard or enhanced delivery.
11.2. You will bear the risk of loss or damage to the Selected Wines or Spirits returned after cancellation until they are delivered to us.
11.3. Upon receipt of the returned Selected Wines or Spirits by us, we will refund the payment made by you for the Selected Wines or Spirits in the Order. However, if you handle the goods whilst they are in your possession in a way which would not be permitted in a shop (for example, by opening a bottle of wine or removing a seal), we will reduce your refund to reflect the reduction in the value of the goods.
11.4. For the purposes of this right and the information that we are required to give you in that regard, the Selected Wines or Spirits and the price are as described in the Order, and the arrangements for payment and delivery are as described in these Terms and the Order.
12. Other Important Terms
12.1. We will only use your personal information as set out in our Privacy Policy.
12.2. If any part of these terms and conditions is disallowed or held to be ineffective by any court or other competent body, the rest of the terms and conditions will not be affected.
12.3. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.4. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.5. These Terms shall be governed by English law, and we both agree to the non-exclusive jurisdiction of the English courts.