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Terms and Conditions - Governing the Sale of EuroCave Products

EUROCAVE IMPORTERS LIMITED

1. PRELIMINARY

These Terms refer to the Customer in the second person.  We refer to ourselves (EuroCave Importers Ltd)  in the first person.  Our contact details are on the Contact Us page of this  website. You may contact us by post, e-mail and fax.

These Terms govern the sale of all products we sell carrying the trade mark or name “EuroCave”.

We accept orders only under our Terms of Business current at the time of your order.  Only a director of ours may vary our Terms of Business.

An order is accepted and a contract exists between you and us when we send you confirmation of the order. This will be sent by e-mail if we have your e-mail address and is to be considered sent when it leaves our server.  We will follow that e-mail with a copy by post.   If we do not have an e-mail address the confirmation will be sent by post and be considered sent when it is posted.   Failure of a cheque to clear on first presentation or credit card payment refusal will entitle us to legal remedies including the right to cancel the contract.

Because wine is bottled in different shaped bottles, the indications of capacities of different versions of products are approximate only.

Manufacturer’s specifications of goods offered by us are subject to change without notice.

2. PRICES AND PAYMENT

You must pay in full when you order unless the goods are then not in stock.  For products not in stock when you order you must pay a deposit of 50% of the price; the balance must be paid when the goods are in stock.

Goods are offered subject to availability and only at prices current at the time of order.

Details of the prices of our goods are shown on the “Price List” page and extra charges are shown on the “About Payment and Delivery” page of our web site.

You authorise us to charge amounts coming due to us under these terms to the payment card with which you paid your deposit.

3. DESPATCH AND DELIVERY

We deliver only after we have received all the money due in cleared funds.

Delivery will be by arrangement with you made after we have received all the money due and will usually within 7 to 14 days.  We do not guarantee any particular delivery date until we have made final delivery arrangements with you.

If we are unable to contact you to make a delivery arrangement within 21 days of the goods coming into stock we will charge you a storage fee for each week or part of a week that we keep the item in our warehouse.

If your order is for an item which is the subject of a factory order (and we will tell you if it is when we confirm your order) we can give you no estimated delivery date until the factory has indicated to us its acceptance of our order and given us a shipping date.  For this reason the 30 day period limited for delivery by the Consumer Protection (Distance Selling) Regulations 2000 is changed to 60 days generally and 90 days for EuroCave stainless steel and Elite cabinets.

Deliveries are made by independent carrier by arrangement Monday to Friday (holidays excepted) between 7.00 am and 5.00 pm. No time for delivery is guaranteed; timing statements are estimates only.

Except as mentioned at 2(e) and (f) and 6 of these Terms of Business, we bear the cost of delivery of EuroCave  products to addresses on mainland England and Wales and G and EH postcodes in Scotland.

We make a delivery surcharge on the UK mainland in the following circumstances:-

1. If the item is an Elite or Meuble a Vins configuration or one or more shelves sold separately from a cabinet.
2. For delivery guaranteed to take place to comply with customers’ requirements concerning timing.
3. Delivery to a location other than a ground floor.  We deliver only to a ground floor unless special arrangements have been made with us

We also make a surcharge for a UK delivery off UK mainland and for delivery to a location outside the UK.

You must make and pay for any necessary arrangements for delivery vehicles to comply with parking restrictions

We will make a charge if you cancel an arranged delivery with less than 72 hours notice or if, for reasons other than our default, it is not possible to effect delivery at the first attempt on the date advised for delivery.

We do not deliver to Northern Ireland. We deliver only to G and EH postcodes within Scotland.

For EuroCave products you must make sure

1. that delivery may be made to a ground floor location (or to another location if that has first been agreed with us)  
2. that fragile or delicate items (including floorings) are suitably protected and
3. that the final location and route to it from a suitable parking point is flat and reasonably unobstructed.

You may ask us to survey at your cost the suitability of the intended location or the route to it and then we will accept responsibility for this if, at delivery, our recommendations have been adopted and the other circumstances are unchanged

At the time of your order (if the item is in stock) or when your order arrives at our warehouse (if the item is on factory order) we will make a delivery arrangement with you.  We will hold your order in our warehouse free of charge for 21 days from whichever is later, the order or the arrival of the item in our warehouse.  If (for reason other than our default) you have not taken delivery within that 21 days we will charge a storage fee of £7.50 for each week or part of a week thereafter until delivery is made.

We are not responsible for non-delivery or delay in delivery (even if a surcharge has been made for a guaranteed delivery time) because of

1. circumstances outside our control or
2. the inaccessibility or unsuitability of the intended location or the route to it except as mentioned in 3(j) and in such case we may suspend or postpone delivery or cancel our contract with you.  If we cancel the contract, we will refund to you a fair and reasonable amount of the money you have paid to us depending upo the circumstances, but specifically if it is not possible to deliver a special factory order because of the inaccessibility or unsuitability of the location intended for it we will not be under any obligation to make any refund unless and until we are able to resell the item in question (without being under any responsibility to you for the price at which we resell it) and then the sum we refund will take into account that resale price and  all other relevant factors.

Replacement filters are delivered by post.  We do not make a postage and packing charge for sending replacement filters

We are not in any circumstances liable for any consequential loss or damage arising from any delay in delivery or in any failure to deliver.

4. TRANSIT

We insure goods we deliver to you until they are delivered or collected or, (if we cannot deliver goods at the first attempt) until we make that first attempt, but after that time the goods will be at your risk, whether or not ownership has passed.

We are not liable for loss damage or shortcomings unless we receive written details within 7 days of the delivery of the item.

We are not liable for any claim for loss damage or shortcomings that should be apparent at delivery if you have acknowledged receipt without qualification about that loss damage or shortcoming.

5. GUARANTEE

Provided they are installed and used in accordance with the Instructions for Installation and Use supplied to you with the product, we guarantee EuroCave products supplied by us for a period of 3 years from the date of delivery (plus any extension you may have purchased) against defects of manufacture and materials.  We will replace or repair (at our discretion) parts showing such defects and reported to us during the guarantee period.  Goods collected from us by you or on your behalf are not guaranteed against damage or breakdown arising from transit.

We will not be under any responsibility or liability for any consequential loss or damage that may arise out of the goods supplied by us, the use of those goods and/or any defects in them.

Service calls under guarantee to goods found not to be defective will be charged at the rates applied to service calls generally.

6. CANCELLATION

If you are a consumer (non-business) buyer and you placed your order without ever visiting our showroom, seeing us at an exhibition or having other direct personal contact with us, and your order does not include any special option item, the Consumer Protection (Distance Selling) Regulations 2000 give you a right to cancel this contract up to the end of the 7^th working day after the day of delivery.

To exercise the right to cancel you must inform us in writing within that time limit. We will then arrange with you to collect the item. In the meantime you must take reasonable care of the item and not use it.  The item must be in stock re-saleable condition in the original packaging.  We will refund the money you have paid after deducting the cost of original delivery and of collection and return to our warehouse.  If we refuse the item we will return it to you at your cost.

Otherwise, we reserve all our rights in law in respect of buyers who cancel or repudiate their contract including our right to retain a deposit.

7. WASTE AND RECYCLING

Business customers undertake legal responsibility under the Waste Electrical and Electronic Equipment Regulations 2000 for disposal of product lines at the end of life.

EuroCave Importers Ltd (being a member of the Government’s Distributor Take Back Scheme (DTS)) does not provide a take back scheme for domestic customers.

8. COMPLAINTS AND GENERAL

You become the owner of the goods once we are paid in full together with any interest due, or when we deliver whichever date is the later; until you are the owner you must not use them, but return them to us on demand.

Without affecting any other provisions of these Terms of Business we will in no event be under any greater liability to you than the cost to you of the item you have bought and we shall not be obliged to discharge that liability until the item in question has been returned to us.

The proper law of this agreement is English law and disputes will be arbitrated in England

CURRENT FROM  1 May 2008