Terms and Conditions for the supply of Services
Last Updated: 5 June 2023
1. About us
We are Coterie Amphorae Company Limited ('Amphorae'), a company registered in England and Wales under company number: 14333224. Our registered office is at: Ground Floor, Egerton House, 68 Baker Street, Weybridge, Surrey, England, KT13 8AL.
How to contact us
You can contact us by completing our contact form found at Amphorae Contact Form. You can also contact us by sending an email to loans@jerawine.com.
2. These terms
2.1 These terms apply to any purchase of wine evaluation and handling services ('services') you make on our website. Please read these terms carefully before you place any orders for services on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
2.2 You should note that these terms and conditions relate to the services. If you proceed, following our evaluation of our wine, to obtain loan services these will be subject to separate terms and conditions available at Loan Agreement Conditions. For the avoidance of doubt, these terms of service are not expected to apply to the details of your loan agreement.
2.3 For the purposes of these terms, you are a 'consumer' if you are buying services from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a 'business customer' if you are buying services from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
2.4 Any reference to 'we', 'us' or 'our' in these terms is to Amphorae, and any reference to 'you' or 'your' is to the person placing an order on our site.
2.5 You must be at least 18 years old and have the necessary legal standing in your country of residence to use our services. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business. You will ensure that you comply with all applicable laws when ordering and receiving services from us and you will have the necessary legal standing to do so.
2.6 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
2.7 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
2.8 Your use of our site is governed by our Website Terms of Use.
3. Ordering Services
3.1 Please check your order carefully and correct any errors before you submit it to us. We are not responsible for any error in your order.
3.2 The first stage of your order is the quotation stage which is considered a request to order our services. This is when you input details of your wine collection into our wine pricing engine and you are provided with a valuation of that wine and an estimated loan quotation. This valuation is subject to change and to our review and approval. This is a quotation and is not an offer of a loan. The quotation is always subject to the later inspection and the appraisal of your goods by our appraiser (and is also subject to the terms and conditions of our financial services).
3.3 Acceptance of your order takes place at the point when Amphorae agrees to have the goods collected or confirms that you can deliver them yourself. At this point a legally binding contract is formed between you and us on these terms.
3.4 If we do not accept your order, for example because we are unable to take payment, you are not eligible for a loan, services are unavailable, you are under 18 or live outside of the UK, or you are a non-UK resident or there has been a mistake regarding the pricing or description of the services, or for any other reason, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
3.5 We also have the right to reject or amend your order at the point that your goods are appraised. For example, once the goods have been collected and appraised, we will provide you with an updated valuation of that wine and estimated loan quotation, and we may change or cancel the valuation and/or loan quotation at any time.
3.6 You may be responsible for the costs of the return of the goods from the appraisal in the event that you do not proceed with the loan, or we reject or amend your order.
4. Availability
All orders are subject to availability and are at our discretion. We cannot guarantee that any service such as collection services will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a refund of any advance payments made by you for any services that have not yet been provided.
5. Making changes to your order
If you would like to make any changes to your quotation after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change. We cannot guarantee that this will be possible.
6. Providing services
6.1 Descriptions of our services are set out on our site.
6.2 We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process. Shipping and collection services are expected to be carried out within 14 working days of your order being confirmed.
6.3 For services provided over a period of time, any completion dates stated during the order process, or in your acknowledgment or confirmation emails, are estimates.
6.4 The shipping and handling (collection) services will be provided from the location of the wine input by you during the order process under the 'Choose a Shipping Method' box on your account.
6.5 We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
6.6 We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to make the location available to us, fail to prepare the location as required for us to provide the services, or fail to provide us with adequate instructions or information to allow us to perform the services.
6.7 We will take photographs and document the goods that are collected at the location and time of collection.
6.8 If you are a consumer, the services are provided to you for your domestic and personal use only. You must not use our services for commercial or business purposes.
6.9 If you are a business customer, you confirm that you are purchasing the services for the purposes of your named business only and not for or on behalf of any third party.
7. Prices
7.1 Prices for our services are set out during the order process. All prices are in pounds sterling (£) (GBP) and are subject to VAT at the applicable rate.
7.2 Prices for our services may change at any time. Except as set out in clause 7.3 below, such changes will not affect existing orders.
7.3 If there has been an error on the site regarding the pricing of or quotes relating to any of our services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
8. Payment
8.1 We require an advance payment of 100% of the total collection cost when you confirm your order. Your order will only progress beyond this stage if your payment is successful.
8.2 You may be responsible for the costs associated with the evaluation of the wine including its inspection.
8.3 If you are arranging your own delivery to our selected warehouse, you will be fully responsible for the cost.
8.4 All other costs which include costs relating to storage are subject to the terms of your loan agreement.
9. Consumer cancellation rights
This clause 9 only applies to you if you are a consumer.
9.1 You have 14 days from the date of your confirmation of the shipping options to change your mind and cancel your order.
9.2 We will not provide any services during the 14-day cancellation period unless you request for us to do so by emailing at loans@jerawine.com. We are under no obligation to accept your request.
9.3.1 you lose your right to cancel once the wine has been collected or you have arranged delivery to our appraiser and will not be entitled to a refund even if the cancellation period has not expired;
9.3.2 if the services have not been fully performed, you will be required to pay for the services we provided up to the time that you told us that you want to cancel.
9.4 To cancel your order, please email us at loans@jerawine.com To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.
9.5 We will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel. If services have been provided during the cancellation period at your request, we will make deductions from any refund due to you as explained in clause 9.3 above.
9.6 We will issue your refund to the same payment method you used when you placed your order.
10. Faulty services—consumers
This clause 10 only applies to you if you are a consumer.
10.1 We must provide the services to you with reasonable care and skill.
10.2 If a service is not carried out with reasonable care and skill, you can ask us to repeat the service or to fix it or get some money back if we cannot fix it.
10.3 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 9 above. For more detailed information on your rights, go to Consumer rights - GOV.UK (www.gov.uk) or visit the Citizens Advice website at www.citizensadvice.org.uk.
10.4 If there is a problem with a service we have provided to you, please contact us as soon as reasonably possible.
11. Faulty services—business customers
This clause 11 only applies to you if you are a business customer.
11.1.1 performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982; and
11.1.2 free from material defects at the time the services are completed.
11.2.1 you notify us by email to loans@jerawine.com within 5 calendar days from the date that the services are completed; and
11.2.2 you provide us with sufficient information as to the nature and extent of the defects.
11.3 Except as set out in this clause 11, we give no warranties and make no representations in relation to the services, and all warranties and conditions (including the conditions implied by sections 12-16 of the Supply of Goods and Services Act 1982 and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
12. Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
13. Our liability to consumers
This clause 13 only applies to you if you are a consumer.
13.1 For the avoidance of doubt, title and risk in relation to your wine, remains with you.
13.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that were not foreseeable to you and us when the contract was formed;
- losses that were not caused by any breach on our part;
- indirect losses;
- business losses;
- losses to non-consumers; or
- losses caused as a result of interruption or failure of utility service including to electric power, gas, water, internet or telephone service and including any interruption or failure of the climate-control mechanisms where the wine is stored.
13.3 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By 'foreseeable' we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
13.4 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
14. Our liability to business customers
This clause 14 only applies to you if you are a business customer.
14.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the services under these terms and conditions.
14.2.1 consequential, indirect or special losses; or
14.2.2 any of the following (whether direct or indirect):
- loss of profit;
- loss of opportunity;
- loss of savings, discount or rebate (whether actual or anticipated);
- harm to reputation or loss of goodwill; or
- losses caused as a result of interruption or failure of utility service including to electric power, gas, water, internet or telephone service and including any interruption or failure of the climate-control mechanisms where the wine is stored.
14.3.1 death or personal injury caused by negligence;
14.3.2 fraud or fraudulent misrepresentation; or
14.3.3 any other losses which cannot be excluded or limited by law.
14.3.4 We shall not be liable to the extent there is any delay in services provided or if we are prevented from performing the services due to reasons which are out with our control.
15. Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
16. No third party rights
No one other than us or you has any right to enforce any of these terms.
17. Complaints
17.1 If you are unhappy with us or the services we have provided to you, please contact us at compliance@amphorae.wine.
18. Governing law and jurisdiction
18.1 If you are a consumer, the laws of England apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
18.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
19. General terms
19.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
19.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
19.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
19.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
19.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.
