These terms and conditions (“Terms and Conditions”) apply to and form part of every contract between Tankersley Wine Brokers Ltd (“Tankersley Wine Brokers”) and one of its customers (“Customer”) including any storage or similar services. In addition to traditional sales and purchasing, Tankersley Wine Brokers operates two distinct web-based Order channels: our Website and Wine Auction. These services have different Order processes which are addressed later in these Terms and Conditions. However, once an Order is accepted these Terms and Conditions apply to the resulting Transaction. No terms and/or conditions which the Customer may seek to impose or which may be implied by trade, custom, practice or course of dealing shall apply or have effect. Our Terms and Conditions are subject to change. None of our employees or agents has the right to bind us to any verbal agreement which does not comply with the Terms and Conditions. In the event you place an Order and we amend the Terms and Conditions within 14 days of the Order being placed, the Terms and Conditions applicable to your Order will be those in force at the time the Order is accepted by us, unless the change to the Terms and Conditions was required by law or government or regulatory authority ( in which case, any such change will apply to an Order you have previously placed that we have not yet fulfilled).
Contracts of sale
1.1 An Order to Buy can be placed by you in a number of ways: directly with a member of Tankersley staff via telephone or in writing via email; online via the Website.
1.2 Whether online, by email or over the phone; orders to Buy, once placed, will initially be acknowledged by Tankersley Wine Brokers and then subsequently accepted or, rarely, rejected. The process will depend on the channel and is described in the appropriate sections below.
1.3 By placing an Order to Buy, or interacting with Tankersley Wine Brokers in such a way that may result in an Order to Buy, you agree that you are capable of entering into a legally binding contract and you must be at least 18 years old or you must have reached the requisite age in your home territory for the purchase of alcohol. All contracts are subject to Irish law and jurisdiction. All Goods are offered subject to market price movement and remaining unsold. You agree that Tankersley Wine Brokers will have no liability to you whatsoever regarding the authenticity, of any Goods after six years following the date of purchase and any and all liability (in respect of any claim) before six years shall be limited to the purchase price of the Goods.
Contract for Sale
1.4. A Contract for Sale which incorporates these Terms and Conditions in full will come into existence when we expressly accept your Order to Buy. Please note that an acknowledgement of your Order by us by telephone, email or Website confirmation does not constitute acceptance of your Order. Your Order will be accepted when we take payment from you or issue an invoice to you for the Order.
1.5 We are free to accept or decline the whole or part of any Order to Buy at our absolute discretion. Where we decline part of an Order to Buy we will confirm this to you and afford you the opportunity to continue with the part of the Order we have accepted.
1.6 All prices are set in Euro and may be varied without prior notice. Any applicable VAT, duty and delivery charges will be added at the time of Order or, in the case of Customer Reserves held in bond, when the relevant Reserves are delivered or collected.
1.7 The description and prices payable for the Goods you order are set out in our emails and other communications with you. If we have under-priced an item or service in error, we will not be liable to provide that item to you at the stated price provided that we notify you of the error before we despatch the item concerned or, if we are not despatching an item, within 7 working days of our acceptance of your Order and we may cancel your Order provided we refund to you any payments you have made. Alternatively, you may agree to pay the corrected price, in which case we will proceed with your Order. In the event that you have been overcharged for an item, a full refund of the difference will be given.
1.8 The availability of the Goods will be checked after we have received your Order to Buy. If for any reason at any point before delivery of the Goods to you, we are unable to fulfil your Order (or any part thereof) we will advise you of this and if we have already debited your payment card, the appropriate amount will be credited to the card or account used to place your Order.
1.9 At the point these Terms become binding (as provided for in Clause 1.4) you have entered into a Contract for Sale. We shall not be bound by any clerical or arithmetical errors in documents issued by us in relation to your Order to Buy. No price or other information contained on our Website shall constitute an offer to contract.
- Quality Control
Tankersley Wine Brokers makes every effort to ensure that all Goods we sell are of excellent quality and in a condition appropriate for the age of the wine, including thorough provenance checks, physical inspections and appropriate storage conditions. In the event that wines are corked or out of condition for consumption, no liability will attach to us and Tankersley Wine Brokers will be under no obligation to offer replacements or offer other compensation of any kind and such replacements or compensation will be made entirely at our discretion. All wines can age and mature in different ways and we will not bear any liability for subjective judgments such as quality or drinkability. All older bottles are therefore sold as seen and we cannot accept returns for any wines should they be corked, tainted or fatigued in any way. As such the wine we sell to you will be of condition to be expected in view of its age and provenance and we will not be responsible for minor defects or imperfections or any condition resulting from nature or age of the wine.
We cannot warrant any provenance or information given to us by third party suppliers. This does not affect your statutory rights.
- Payment
3.1. Payment will be due at the time of placing an Order to Buy or as per separately agreed terms. Please note Goods may not be delivered until payment is received in full.
3.2. Tankersley Wine Brokers accepts a range of payment methods and/or card issuers. A surcharge is applied to non-EEA (European Economic Area) cards and mobile payment methods. Payment card details you provide to us are held securely by a third party provider in compliance with PCI standards.
3.3. To ensure that your payment card is not being used without your consent the name, address and other personal information supplied by you during the Order process may be validated against appropriate third party databases. By placing an Order, you consent to these and similar checks being made. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018 and any other relevant data protection law.
3.4. All information revealed through such checks shall be used by us in accordance with our Privacy Policy although we may refer any information which appears to be fraudulent or unlawful to relevant third parties such as police or other enforcement authorities, banks or credit card companies as may be appropriate.
3.5. In the event of non-payment of account within the specified terms for payment, we reserve the right to charge interest on any sums owing to us at the rate of 8% above the Bank of Ireland base rate from time to time from the date payment is due to the date of payment.
3.6. In the event that any amount is owing from you to us then you agree that we will have the right to purchase any of your Goods which are held by us at a price governed by these Terms and Conditions in satisfaction of your liabilities to us. Upon that purchase, we will hold title to the relevant Goods and we will then be free to sell or otherwise deal with those Goods at our discretion.
3.7. In order to exercise our right to purchase Goods we hold for you to satisfy your liabilities to us we will send written notice to your last known invoice address of our intention to purchase the Goods. Fifteen days after sending such notice we will be entitled to take ownership and possession and (at our discretion) dispose of some or all of your Goods which are held by us. Upon purchasing the Goods, we will credit you with the purchase price of the relevant Goods (the “credit amount”). The purchase price will be the Livex market price on that day. We will set the credit amount off against any sums you owe to us. If the credit amount exceeds the sums you owe to us we will account to you upon request for any excess but we will not be obliged to pay interest on such excess. If any balance remains outstanding owing to us after we have purchased the Goods and credited the credit amount to you then the balance (including interest at the rate specified in clause 4.6) shall remain payable by you.
3.8. Our right to purchase Goods we hold for you to satisfy your liabilities does not affect any other remedies we may have. You agree that given that the credit amount represents the typical price we would pay for the relevant Goods, and given the existence of fluctuating demand and prices for the Goods, the above terms are reasonable.
3.9. We reserve the right to charge a cancellation fee of up to 20% of the outstanding amount, or actual losses incurred by Bordeaux Index as a result of cancellation if greater than 20%.
3.10. We may (a) utilise any monies held on account or otherwise received from or on behalf of the Customer to discharge any such cancellation fees; (b) cancel any discounts given in respect of any invoiced sums and/or cancel any further deliveries to you; and (c) withdraw any credit facilities which have been offered to you.
3.11. In the event that funds are owed from us to you, and there exists an outstanding balance owed by you to us, we may (at our sole discretion) withhold any payment, offset any outstanding amounts, or retain the funds until the entire outstanding debt owed by you to us has been settled in full.
3.12. We reserve the right, at our discretion, to suspend your account.
Duty and Vat
4.1. For Goods purchased and held in bond. These goods are subject to the duty and VAT applicable in the country of delivery upon release from bond. These charges are based on the rates set on bond release date and not the date of purchase.
4.2. Duty paid Goods for export to outside the EU must be exported from Ireland or our EU warehouse within 30 days of invoice when collected by the Customer’s shipper, or else the relevant VAT from country of origin will be payable by the Customer.
4.3. Any change in duties, tariffs or other taxes which arise because of changes in laws will be the responsibility of the Customer.
4.4. If Goods are being ordered from outside of your country, import duties, tariffs and taxes may be incurred once your Goods reach their destination. Tankersley Wine Brokers is not responsible for these charges and we undertake to make no calculations or estimates in this regard. We recognise that if you are buying internationally the process can be complex and whilst Tankersley Wine Brokers will be on hand to guide you with advice and support you should take advice from your own professional adviser because we are not qualified to give advice in these areas. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Tankersley Wine Brokers cannot guarantee that the packaging of your Goods will be free of signs of tampering.
DELIVERY
5.1. Deliveries to Private Customers including those overseas, are charged at the prevailing rate plus VAT (where applicable). We reserve the right to charge additional delivery costs in the event of a non-delivery caused by your failure to provide adequate delivery instructions and/or your non-availability to receive the delivery.
5.2. Any indication as to when an order of Goods will be delivered is an estimate only. Such estimates are given in good faith and we will use our reasonable endeavours to meet them. We do not accept liability for any failure to deliver at the estimated time.
5.3. Delivery of the Order will be completed when we deliver the Goods to you, a nominated third party or into Reserves (the ‘bonded’ warehouse operated by our third-party partner), as appropriate.
5.4. The quantity of any consignment of Goods as recorded by us on despatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide evidence to the contrary.
5.5. Any Goods (whether sold to Private Customers or Trade Customers) not collected within one month of release date will be stored in our private customer reserves at the prevailing cost per 4.5 litre case (covers all cases up to and including 4.5 litres, or the equivalent of 6 regular bottles) per month. Any cases above 4.5 litres and up to and including 9 litres (the equivalent of 12 regular bottles) will be charged at the prevailing rate (plus VAT if applicable) for a full case rate per month. Charges will be billed every six months for Goods which remain in our customer reserves or earlier if Goods are removed from Reserves.
5.6 The buyer acknowledges that due to the nature of the Goods, which due to age are sometimes fragile, there may be leakages or deterioration of the Goods during transit and we recommend that you pick up the Goods from our premises. Should you prefer us to deliver the Goods, we exclude all liability for such leakages, breakages or deterioration, which may arise while the Goods are being transported by us from our premises to your premises. In the event the buyer agrees to delivery by carrier, it is understood that risk in the Goods will transfer to the carrier on receipt by the carrier of the Goods from us, following which point we exclude all liability for any loss or damage to the Goods thereafter including during transit to the buyer’s premises. It is the buyer’s responsibility to have adequate insurance in place to cover the Goods during transit from our holding office to your desired location.
5.7 We will strive to deliver the Goods within the time frame referenced on our website at time of sale. For broking wines this can be up to 8 weeks, but we endeavor to meet a shorter time frame than this in general.
1. Auction Services
1.1 Auctioneering Services: We provide a platform for sellers to auction and buyers to purchase wine in lots via www.tankersleywine.com
1.2 Registration Requirement: Participation as a seller or buyer requires registration on our website.
2. Registration with Tankersleywine.com
2.1 No Cost for Registration: Registering on the website is free.
2.2 Personal Information Requirement: Registration requires personal details including name, address, email, date of birth, and mobile number. Sellers need to provide bank details for payments. Buyer details may be used for credit checks. All data is processed according to the Data Protection Act 2018. See our Privacy Policy for more details.
2.3 Account Confidentiality and Responsibility: Users must maintain the confidentiality of their account details and are responsible for all bids made using their accounts.
3. Age Restriction
3.1 Minimum Age: Users must be over 18 years old or the legal drinking age in their residence country.
3.2 ID Verification: We may request ID from both buyers and sellers for age verification and fraud prevention.
3.3 Delivery Age Verification: Deliveries must be received by someone of legal drinking age, and ID may be required at delivery.
Terms Relevant to Sellers
4. Transferring the Goods to Us for Auctioning
4.1 Initiating Auction: Contact us via email or phone to discuss auctioning your goods. A schedule for delivery or collection will be provided, with a pick-up charge applicable for collections arranged by us.
4.2 Transport Liability: We are not liable for damage or loss during transport; sellers are advised to insure their goods.
4.3 Goods Authentication and Auction Approval: Goods are inspected upon receipt; an email will confirm if they will be auctioned. Unaccepted goods must be collected at the seller’s expense.
4.4 Lot Management Rights: We may split, combine, or withdraw lots as necessary.
4.5 Seller Information Accuracy: Sellers must ensure all information provided is accurate. Incorrect information can lead to auction rejection, with associated costs charged to the seller.
Prohibited Bidding
4.8 Bid Manipulation Prohibition: Sellers and their associates are prohibited from bidding on their own goods or manipulating auction outcomes.
When We Hold Your Goods
4.9 Goods Storage: Goods are stored at Tindal Wine Merchants in Dublin. We comply with EU excise duty requirements but disclaim liability for storage issues beyond legal obligations.
5. Terms Relevant to Buyers
5.1 Bidding Eligibility: Only registered users can bid. The highest bid at auction close wins.
5.2 Payment Responsibilities: Winners must pay the full price plus commission within seven days. Failure to pay may lead to auction cancellation and future access restrictions.
6. Cancellation Rights
6.1 Seller Cancellation Rights: Sellers can cancel their auction participation within 14 days unless a bid is placed.
6.4 Buyer Cancellation Rights: Buyers have 14 days to cancel their purchase after receiving goods.
7. Cancellation Contact Details
Contact us at info@tankersleywine.com for any cancellation inquiries.
8. Our Rights to Cancel or Terminate the Contract
We reserve the right to terminate contracts and ban users for terms violations or insolvency incidents.
9. Liability
9.1 Liability Limits: Our liability is limited to direct losses and capped at the fees paid by the user at the time of the incident.
10. Safeguarding Auction Integrity
We reserve the right to manage user registrations and auction participation to maintain auction integrity.
11. Force Majeure
We are not liable for delays or failures in performance caused by events beyond our reasonable control.
12. Waiver and Severance
Failure to enforce any provision is not a waiver of that provision. Unenforceable provisions will be severed; remaining terms continue.
13. Notification of Changes
Changes to these terms will be announced on our website. Continued use of the site post-change constitutes acceptance of the new terms.
14. Governing Law
These terms are governed by Irish law. Use of our services constitutes consent to the jurisdiction of Irish courts.