For the Terms and Conditions of Sales, the "Company" will mean Kal Wine Source (trading name “Wine Source”) and/or its subsidiaries. The "Customer" will mean any person, firm, company or body that places an order with the Company. By placing an order with the Company the Customer agrees to have read these terms and conditions, and accepts and agrees to be bound by them
Customer order is subject to Company's acceptance and final approval at its sole discretion and stock availability. The placing and accepting of an oral order shall form a contract between the Company and the Customer based on these terms & conditional upon the Company’s written confirmation of order and/or by the delivery of an invoice to the Customer. The Company reserves the right to accept or to reject a Customer order in the event that any of the products or services requested are unavailable or in the event of prices discrepancies. In such case, the company will notify its Customer by phone or email prior to the requested delivery date.
Unless the contrary is agreed, the Company quotes its prices per case or per bottle, exclusive of sales taxes and exclusive of delivery charges. The company reserve the right to change its prices in the case of a price discrepancy of an item or service. The Customer may choose if to agree and proceed with the corrected priced order, or alternatively to cancel the order before the company dispatches the items. In such case the Company shall proceed to refund the Customer of any advance payment(s).
Payment is due by the Customer on Proforma Invoice and prior to delivery (In specific cases clearing may be allowed of up to five days). Approved Customers may be granted 30 days payment terms. Payments can be processed by bank transfer, cheques (allow clearing of 5 working days) and by major debit/credit cards and Amex. Debit cards will be processed free of charge, credit cards will incur a surcharge of 2% calculated on the total amount inclusive of VAT and AMEX 3%. Until all sums due to the Company have been paid, it is entitled to retain possession of any goods to which the Customer would otherwise be entitled. If a payment is overdue, the Company is entitled to suspend the deliveries.
4. Title and Risk
All risks in the products shall pass to the Customer upon delivery/collection of the goods but the Company shall retain the title of the goods until full payment has been received.
Indications as to when the goods are available for delivery/collection are on an estimate basis only and are not binding. The Company will notify its Customers once the goods are available. Customers should provide at least 48 hours' notice to the Company prior to collection. The Company may offer to its Customers a National/ International delivery services at rates of charge quoted upon request.
6. Export Orders
Overseas orders may be liable to import taxes and duties in the destination country, for which the recipient shall be liable for unless paid in advance at time of placing the order where agreed. Private Customers are liable to local sales taxes for all deliveries within the EU unless the goods are delivered under bond. If a customer order was processed as an in bond order to be stored in the Company's private client account and is subsequently required to be delivered the goods within the EU, they will be invoiced at the prevailing sales taxes, as well as the cost of shipment. Settlement of our invoice will be required prior to dispatch.
7. Acceptance of goods
The Customer undertakes to inspect all goods upon delivery/collection and to immediately notify the Company and the carrier forthwith of any shortage or damage or other deficiency. The Customer will be deemed to have accepted the goods as satisfying its order 48 hours after collection/delivery, and thereafter will not be entitled to reject the goods for any reason.
8. Force Majeure
The Company shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the reasonable control of Company.
The Company may upon request deliver storage services to the Customer. Those services will be conducted and governed by Wine Source Storage General Terms and Conditions.
10. Limitation of liability
The Company shall not be liable to the Customer or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
a. Any direct loss for which the Company cannot reasonably be held responsible.
b. Any consequential or indirect, incidental, special or exemplary loss (including without limitation loss of revenue or profits, goodwill, use, data or other intangible losses).
In any and all cases, the Company liability and indemnification will be limited to the value of the order placed by the Customer.
All our contracts are made under Company country of resident Law and are subject to the exclusive jurisdiction of that country binding Courts.