Lay & Wheeler Trading Terms & Conditions Of Sale

These Terms & Conditions apply to all sales and are the basis upon which orders are accepted. They apply to all future transactions unless confirmed otherwise in writing. Lay & Wheeler Trading consider the placing of an order as an acceptance of the Lay & Wheeler Trading terms and conditions.

1. Prices

Unless shown in writing to the contrary, all prices on our website and prices invoiced are:

i. Per case, or bottle as indicated.

ii. Exclusive of VAT and duty.

iii. Exclusive of delivery charges.

2. Payment

a. Unless an account facility is held payment will be on invoice.

b. Payment is due on invoice and can be made by card payment, bank transfer, UK or US or Euro cheque (allowing 5-7 days for clearance).

c. Unpaid or only partially-paid sales are automatically cancelled after 14 days, post invoice date. In the absence of any other instructions, any credit left on account is automatically refunded after 14 days.

d. Lay & Wheeler Trading is not liable for any loss, theft or unauthorised access to card information held on file. Storage is managed by Stripe in accordance with their security protocols.

e. Lay & Wheeler Trading reserves the right to freeze an account and suspend any sales or releases if debt on the account is outstanding for more than three months.

3. Discretionary Mandate

Lay & Wheeler Trading can, when agreed by you, receive money in advance for wines not yet purchased. In this instance the money will be held in the client cash account on your behalf until the wines are purchased.

Any money not used in full for purchase of wines will be returned. Lay & Wheeler Trading at no point take ownership over this money which will remain under the control of the client’s discretion at all times. Lay & Wheeler Trading will solely provide advice on wine purchases and sales from this account and no other use of the money.

4. Title & Risk

a. Title of all wines remain with Lay & Wheeler Trading until all sums due are paid in full.

b. Risk in all goods shall pass to you as soon as we notify you that they are earmarked under your order.

c. All wines and spirits held on behalf of our clients are recorded separately from Lay & Wheeler Trading’ own assets. This separation guarantees that client-owned wines are distinctly identified and safeguarded. Whilst both client and Lay & Wheeler Trading assets are physically stored together in Coterie Vaults, client-owned assets are the sole property of our clients and are not considered part of Lay & Wheeler Trading’s estate. Therefore, in the unlikely event of administration or liquidation, client-owned assets are legally protected and exempt from claims by creditors. Under no circumstances will client-owned wine or spirits be treated as part of Lay & Wheeler Trading’s recoverable assets, beyond the settlement of any outstanding pre-insolvency storage fees owed to Lay & Wheeler Trading by clients.

d. In the event that Lay & Wheeler Trading enters administration or liquidation, client-owned wine and spirits stored at Vaults will not be subject to claims by liquidators, except for any pre-insolvency storage fees owed by the client. Upon such an event, Vaults will contact clients directly to establish a new contractual relationship, including revised charges and services.

e. Should Lay & Wheeler Trading be unable to continue its storage services due to administration or liquidation, the storage and management of client-owned assets will automatically transfer to Vaults, where the client will hold a direct relationship with Vaults under their standard terms and conditions.

f. Only assets owned by Lay & Wheeler Trading may be claimed by liquidators, and under no circumstances will client-owned wine or spirits be considered part of Lay & Wheeler Trading’s recoverable assets, other than for any outstanding pre-insolvency storage fees.

5. Delivery

a. Any indication of when wines will be available for delivery or collection is an estimate and not binding. We will notify you when your wine is available, but if you wish to collect we require 48 hours notice.

b. National or international transport can be arranged by Lay & Wheeler Trading as your agent and rates will be charged as indicated here.

c. Please be aware that if you are not at the address and unable to accept your delivery at the requested time you will be charged for a re-delivery.

d. Please note that Trade delivery rates may vary, please speak with our Operations Team for further information.

e. Delivery, duty, and VAT charges are calculated based on the applicable rates on the date of delivery. For En Primeur products, these charges will not be applied before arrival. All charges must be paid in full prior to delivery. Please note that delivery charges are subject to annual review, and duty/VAT rates are applied in accordance with current rates as outlined by gov.uk.

f. Please note that, in order to ensure safe transport of your wines, Lay & Wheeler Trading reserve the right to remove bottles from their original packaging and repack them to protect against breakages. We will endeavour to ensure that original wooden cases and cartons are also delivered. If you would like to request any special packaging arrangements, please get in touch with our Operations Team on operations@lwtrading.com prior to requesting your delivery.

6. Storage

a. Storage fees can be found in full here.

b. Lay & Wheeler Trading are currently in the process of changing storage facilities between LCB Dinton Woods, Catherine Ford Road, Dinton, Salisbury SP3 5HB and Coterie Vaults, Blackacre Road, Great Blakenham, Ipswich IP6 0FL. Please contact our Operations Team for more information.

c. If you wish to store the wines yourself you will be responsible for your own storage charges.

d. Wines can only be withdrawn if the required storage charges have been paid.

e. In the case of unpaid storage charges which have been outstanding for more than three months, Lay & Wheeler Trading retains the right to sell the required amount of inventory stored in order to settle the outstanding charge(s).

f. When requested for delivery outside of our private client reserve account, all wines not arranged for delivery or collection within one month of purchase will be stored in our private client reserves as per the costs above.

7. Acceptance

a. You are responsible to inspect all goods when collecting or immediately on delivery and required to notify Lay & Wheeler Trading or the carrier forthwith of any shortage, damage, or any other deficiency.

b. When Lay & Wheeler Trading are purchasing wines payment will only be made in full once the contracted wine has been received by Lay & Wheeler Trading and if it meets the following quality standards unless otherwise stated in writing:

i. Original Wooden Case (OWC) or Original Cardboard Case (OCC).

ii. Full to the neck.

iii. No damage to capsules or labels.

iv. No American Strips.

Once received and accepted in the condition described above Lay & Wheeler Trading will make payment within 3-5 working days.

8. Quality

a. Lay & Wheeler Trading undertakes proper safekeeping and storage of all wines and spirits in our possession but is not responsible for the state or condition of a product.

b. If a product is faulty, corked, or otherwise different to as advertised, Lay & Wheeler Trading may offer a replacement bottle or credit to the original invoice value of the product, subject to the return of the faulty product in question, and at the company’s discretion.

c. Every effort is made by Lay & Wheeler Trading to provide reasonable care to preserve the quality of your stored wines. However, no liability will be accepted for deterioration which may occur by wines being cellared too long or through the natural processes to which all wines and their corks, however well cared for, are subject. Where a maturity date is provided in a drinking window, Lay & Wheeler Trading will not accept any liability for the condition of the wine after the maturity date has passed.

d. Lay & Wheeler Trading aims to ensure customers are aware of recommended drinking windows for products purchased with us, in order to avoid wines being kept for too long. Please consult with our knowledgeable team for more information on specific drinking windows for products purchased. In the event that a product has exceeded the recommended period of holding time, Lay & Wheeler Trading reserves the right to refuse a refund or replacement.

e. If a product is stored incorrectly by yourself, Lay & Wheeler Trading cannot offer a refund or replacement for any faulty products after three months from the date of delivery.

9. Orders

a. By placing an order, you warrant that you are capable of entering into legally binding contracts and you are the legal age to purchase alcohol in your country of residence.

b. The placing and subsequent acceptance of an oral order forms a contract on these terms, conditional upon our written confirmation which may be by delivery of an invoice.

c. Orders paid for by BACS must be the entire total for the invoice and any fees incurred by the sender’s bank must be paid by the sender.

d. Lay & Wheeler Trading reserve the right to cancel any order within 24 hours of purchase and are not responsible for pricing, typographical, or other errors.

e. All orders made through the website are considered as definitive as per these Terms & Conditions.

10a. Brokering

a. Happy to broker cases from Lay & Wheeler Trading or other companies however stock must be with Lay & Wheeler Trading. Fees for handling and condition reports will apply.

b. Instruction to broker wines must be made in writing.

c. Upon completion of sales, funds will be transferred to the seller 30 days post sale unless they have chosen to leave the funds on account for future purchases.

d. Accounts must be fully settled before listing wines.

e. In the event of the seller wishing to withdraw the wines from sale, please notify Lay & Wheeler Trading in writing.

f. If the purchaser of the wine(s) defaults on payment or cancels the purchase then Lay & Wheeler Trading will not be liable for any loss or damage suffered by the customer and the wine(s) will return to the customer’s ownership.

g. When providing broking and trading services, Lay & Wheeler Trading acts at all times as the agent for (and never as principal on behalf of) the Customer. As such the Customer warrants the provenance and condition of the product as displayed by Lay & Wheeler Trading and accepts all risks in and thereto. The Customer agrees to indemnify and hold harmless Lay & Wheeler Trading and its directors, officers, agents, employees and representatives against any and all claims, demands, penalties, losses, liability or damage, including, without limitation, reasonable attorneys’ fees and expenses asserted against, resulting from, or related to the provenance, condition or quality of the product sold by the Customer through the broking and trading services. By way of clarification, in the event that a product is corked or otherwise faulty, Lay & Wheeler Trading will not be responsible. Any refund payable to a purchase by Lay & Wheeler Trading in this instant, will be recoverable from the Customer upon demand.

10b. Self-Brokering

Through Lay & Wheeler Trading, customers can self-broker their wines through their online portfolio.

a. Customers have full control and responsibility over the pricing of listed stock. You are free to set the prices as you see fit, however, Lay & Wheeler Trading does not take responsibility for stock listed at incorrect prices. Please contact your Account Manager if you require assistance or advice in setting competitive and accurate pricing. This advice is non-binding and Lay & Wheeler Trading does not assume liability for any direct, indirect or consequential losses resulting from the listing of incorrect prices. Final pricing decisions remain the customer’s responsibility.

b. By listing wines for sale, customers acknowledge and agree to these terms and conditions, including the possibility of order cancellation.

c. We typically withhold a margin of 10% on each successful sale, unless other terms have been agreed in writing with your Account Manager.

d. Payments for sold items are processed upon request, with payment made 30 days after sale. Please contact our Accounts team at accounts@lwtrading.com for more information.

11. Force Majeure

Lay & Wheeler Trading will not be liable for failure to meet agreed conditions due to any prevailing circumstance beyond our reasonable control.

12. Jurisdiction

All contracts are made under English law and jurisdiction and subject exclusively to the jurisdiction of the English Courts.

13. Whisky

Please note that the volume relates to cask size and not the volume of the spirit. OLA is subject to change upon re-gauging. Please note that payment terms for whisky vary from our wine payment conditions. For all whisky cask purchases, payment is due immediately.