Terms and Conditions

Terms of Service

1. General Conditions of Service

This website is hosted by Atlas Fine Wines Limited.

By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Certain content, products and services available via our Service may include materials from third parties (e.g. approved company suppliers, producers and wineries).
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials, products, services or websites of third parties.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us or otherwise infringe our intellectual rights or those of our contributors.

2. Time of Sales Contract
   
   Your order is an offer by you to enter into a binding contract which we are free to accept or decline at our absolute discretion.  A contract for sale incorporating these terms comes into existence when we expressly accept your order. The contract is conditional upon wines not having been previously sold by us and we undertake to notify you without delay should this occur.
   
   You must be of legal purchase age in your country of access or residence in order to buy any wines from Atlas.

These terms and conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3. Prices

We make every effort to ensure that the pricing displayed on our website and literature is correct. Prices communicated to you whether orally or in an email or other written form by our employees or on our website or via our sales literature are:

- Per case or per bottle as indicated.

- Exclusive of Duty and VAT (unless otherwise stated).

- Provisional and subject to our written confirmation upon acceptance of order. (In the unusual event that the correct price is higher than the price initially quoted, we will normally, at our discretion, either contact you for instructions or reject the order and advise you accordingly.)

4. Time for Payment

Payment is due upon the raising of the invoice.

Credit terms may be advanced to customers with a proven history of trading with Atlas Fine Wines Limited within agreed credit terms.

Export orders must be paid in full prior to collection.

Late payments attract interest at 3% above the base rate of HSBC Bank PLC, effective from the due date until payment is received.

It is your responsibility to ensure that payment is received by us on time.

We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

5. Title and Risk

Title in any wines ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been delivered (as outlined below).

We will retain title in all goods sold by us until all sums due or to become due to us from you in respect of any order have been paid.

This will include goods held to your account in bond but will not include goods for which we have been paid in full and which are in your own physical possession.

Until such time as title to the goods passes to you, we reserve the right to inspect goods not in our physical possession in a bonded warehouse and to require you to deliver those wines to us immediately.  

Deliveries and/or collections may be suspended by us if any sum is outstanding. 

The risk in goods shall pass upon delivery as defined in point 6 below.

6. Delivery

Delivery shall take place as defined below:

- For wines purchased En Primeur direct from the producer or producer’s agent, delivery takes place when the wines are allocated to you by us.

- For wines purchased En Primeur in any way other than the above, delivery takes place when the authenticity of the title has been confirmed by us and the wines allocated to you.

- For wines purchased En Primeur, we can only provide an estimated date for the physical availability of the wine.

- For wines purchased direct from the producer or producer’s agent (other than En Primeur), delivery takes place when the wines are allocated to you.

- For all other wines sold under bond, delivery takes place when the wines are allocated to you (which may be in advance of a physical transfer to another bonded warehouse).

- For wines for collection, delivery takes place when the wines leave our warehouse. We will let you know shortly in advance of the expected time of availability and you must give at least 48 hours prior notice of collection. Indications of delivery dates prior to your notice of collection are estimates and not intended to be contractually binding. We may at your request and as your representative arrange export shipping but we accept no liability for any failure on the part of carriers. If goods are not collected or delivered within one month of them becoming available we will be entitled to make a reasonable, pro-rata storage and administration charge.

- For all wines sold duty paid and duty-paid deliveries from reserves, duty and VAT will be invoiced and must be settled prior to delivery. Delivery takes place when the wines leave our warehouse.

Our delivery charges are subject to change, please visit click here for current rates.

7. Storage

You authorise us to act as your wines storage manager and to accept any terms and conditions relating to the storage of your wine with our providers (currently LCB Eton Park).

Our storage provider has confirmed that in the unlikely event that we default in any of our obligations to them, they will respect our customer's ownership rights and will transfer your wines directly to you.

Please click here for current Storage and Insurance charges.

Your online account records all wine purchased, sold and stored through us.  This is updated in real time.  All physical cases are marked with Unique Identifying Code (UID) linked to your account in respect to all wine paid for and owned by you.

8. Case Size Changes

On occasion, when we have sold a case of wine (e.g. a twelve bottle case) to you and our supplier delivers to us the equivalent volume and quality in a different case size (e.g. two, six-bottle cases), we retain the right to credit and re-invoice to reflect the change in case size and such credit and re-invoice does not affect the existing contract of sale.

9. Acceptance of Goods

It is your obligation to inspect goods immediately upon receipt and notify Atlas and the carrier immediately of any shortage, damage or any other deficiency. In the absence of any notification within five days after delivery the shortage, damage or any other deficiency will be deemed to have occurred after delivery to you.

10. Cancellation Policy

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your purchase. An order may be cancelled up until 14 days after delivery. In the event of a cancellation, the goods must be returned in merchantable condition at your cost.

Any refund or exchange of wines deemed to be faulty shall be granted at the discretion of Atlas upon the return of the goods. 

You will be refunded as soon as possible and within 30 days at the latest. A notification of cancellation must be made in writing, we will acknowledge a receipt of your request and call to arrange a collection. Upon collecting the wines, a credit note will be issued.

11. Failure to Pay or Take Delivery

If payment is not made within two weeks of the due date or if goods have not been collected within one month of notification of their availability or if there is an earlier indication that payment will not be made or goods will not be collected, we will send you written notice (which may be by email and/or Whatsapp or text) to the invoice address of our intention to dispose of the goods. If you do not object in writing within 10 days of the dispatch of such notice accompanying such objection with payment in full or where appropriate confirmed arrangements for collection, we will be entitled to resell the goods by a method entirely in our discretion.

With regard to wines where part payment has been made, upon resale you will receive a credit of the net proceeds less our costs of disposal. Any balance due after the credit shall remain payable and shall continue to carry interest. The exercise of this right of resale does not affect any other right we may have.

We shall be entitled to sell any wines which we are holding or storing on your behalf in order to discharge outstanding amounts owed to us.

12. Events Outside our Control

We shall not be liable for any failure to meet our obligations or delay in performance of our obligations occasioned by circumstances outside our reasonable control. We will take reasonable steps to bring the circumstances to a close or to find a solution by which our obligations can be performed despite the circumstances.

We cannot be held responsible for disruption to shipping caused by industrial disputes, government action, pandemic or military lockdowns or action outside our direct control. In circumstances where, despite our reasonable steps, we are unable to perform our obligations, we reserve the right to fulfil our obligations by providing a full refund to you.

13. Quality

In our absolute discretion we will consider requests for replacing the unopened balance of an order which is undrinkable as well as any other specific requests for credit.

14. Terms relating to the operation of the online e-commerce platform

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. 

If you send certain specific submissions (for example contest or quiz entries) or send creative ideas, suggestions, wine reviews or comments (“Comments”), you agree that we may, at any time, edit, copy, publish, distribute, translate and otherwise use what you forward to us. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments.

You agree that your Comments will not violate any right of any third-party, including copyright, privacy, trademark or other proprietary right. You further agree that your comments will not contain libelous or otherwise abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

15. Personal Information

You agree that the personal information you provide may be shared with our service providers including but not limited to: storage and delivery providers, IT and web contractors and Shopify Inc who provide us with the online e-commerce platform that allows us to sell our products and services to you online. Our privacy policy (https://www.atlasfinewines.com/privacy-policy) details how we use and store your information and your agreement to the Terms & Conditions encompasses an agreement to our Privacy Policy.

You agree that we may use the personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. You have a right of access to all information we hold about you which may be accessed by writing to Simon Larkin MW, Managing Director, Blackwell House, Guildhall Yard, London, EC2V 5AU.

16. Variation

We reserve the right to vary these terms and conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication of the Terms on our website.

17. Assignment

We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.

18. Severability

The foregoing paragraphs, sub-paragraphs and clauses of these terms and conditions shall be read and construed independently of each other. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

19. Waiver

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 do waive a default by you, it will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms will be effective unless we expressly say that it is a waiver and we tell you so in writing.

20. Third Parties

These terms and conditions are between you and us. They do not apply to or benefit any third party and are not reliant on any third party. A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

21. Entire Terms & Conditions

These terms and conditions set out the entire agreement and understanding between you and us.

22. Your Statutory Rights

Where acting as a consumer your statutory rights are unaffected.

23. Jurisdiction

These terms and conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.