Terms and Conditions

Delivery is by next-day courier and is charged as follows:

1 to 6 bottles = £7.99
7 to 12 bottles = £11.99
13 to 18 bottles = £15.99
19 to 24 bottles = £19.99
25 to 36 bottles = £21.99
more than 36 bottles = free

Please note that whilst every effort is made to ensure that our catalogue is up to date, it is occasionally the case that a vintage will change without us being notified. We keep most wines in stock, but in case a vintage changes whilst the wine is out of stock we reserve the right to supply the current vintage when fulfilling orders.

Orders that are to be delivered must be paid for by credit card at the point of ordering. Orders collected from Dorje's warehouse (by apointment only) can be paid for upon collection by credit card, cheque or cash.

It is against the law to sell or supply alcohol to anyone under 18. We may refuse delivery to anyone who at our discretion cannot provide proof of age.

With all orders all deliveries will be made as quickly as possible, and where wine is temporarily out of stock we will advise you immediately by email, telephone or in writing. We try to deliver within 14 days of the date of your order, but will not be liable for loss caused by delays in delivery. Please notify us of any damage in writing within three days of delivery, with a corresponding note to the carrier.

Our refund policy

You may cancel your order within 7 days of placing it either by telephoning or e-mailing us.

If for any reason you wish to return your purchases to us you have 7 days from their arrival in which to do so. We will happily refund the amount spent once we've received the unopened bottles in good condition. Again, please contact us via phone or e-mail before sending anything back.

Dorje’s Wine Club Limited
Unit 4, Rigby Close
Heathcote Industrial Estate
Warwick, CV34 6TH

Tel: 01926 430550
Mobile: 07967 107591
Email: info@dorjes.co.uk

Registered in the UK, number 04940768

Full terms and conditions

1. DEFINITIONS
a) “The Company” means Dorjé’s Wine Club Limited;
b) “The Buyer” means the person, persons, firm or Company entering into a contract with the Company;
c) “Goods” means the goods to be supplied by the Company;
d) “Terms” means the terms set out herein and any special terms agreed in writing between the Company and the Buyer, and
e) “Contract” means the Contract for the supply of Goods incorporating these Terms

2. GENERAL
2.1 All Goods are sold and services provided subject to these Terms, and any other Terms are hereby expressly excluded unless varied in writing by a Director of the Company.
2.2 No Cancellations or variation of any Contract is permissible without the agreement of the Company, and on terms that the Buyer shall indemnify the Company against all loss inclusive of loss of profit and costs incurred by the Company.

3. AVAILABILITY
All goods are offered for sale subject to availability.

4. PRICES
4.1 Prices are quoted inclusive of Value Added Tax which will be added where applicable at the rate then current.
4.2 The Company shall be entitled to adjust the price charged for any Goods without prior notice to the Buyer to reflect any increase in cost to the Company resulting from any rise in cost in Goods to the Company including currency fluctuations, alterations in taxes, duties or levies.

5. PAYMENT
5.1 Payment for Goods supplied on credit account shall be made without deduction no later than the agreed terms.
5.2 The Buyer shall not be entitled to make any deduction or set off from any sums claimed by the Company any amount due or claimed against the Company by the Buyer whether under this or any other Contract.

6. DELIVERY
6.1 Save as otherwise provided the Company shall deliver the Goods to the Buyer or its agent at the stipulated delivery address and shall be responsible for insurance of Goods in transit. Risk of loss of damage to the Goods or (where supplied under bond) liability for duty shall pass to the Buyer when the Goods are delivered to the delivery address.
6.2 Where the Company supplied ex-cellars or FOB the goods are deemed delivered when collected by the shipping agent or nominated Transport Company of the Buyer. The responsibility for transport and insurance of goods in transit and the risk of loss of or damage to the goods or (where supplied under bond) liability for Duty, if any, is that of the Buyer.
6.3 Delivery dates are given in good faith but are estimates only.
6.4 The Company shall not be liable for any damages whatsoever whether direct or consequential resulting from any delay in delivery of the Goods or failure to deliver the Goods within a reasonable time whether such delay or failure is caused by the Company’s negligence or otherwise.
6.5 The Company will be entitled to make an additional charge if:
a) An order is below our minimum order for delivery
b) Buyer fails to take delivery of Goods ordered
c) The Company in its sole discretion agrees to accept the return of the Goods.

7. INSPECTION
7.1 The Buyer shall be under a duty to inspect the Goods at the time of delivery.
7.2.1 The Buyer must give the Company written notice within Three (3) working days of delivery of any claim for short delivery.
7.2.2 If the Buyer does not give the Company such notice within that time, the Goods will be deemed to have been delivered in the quantities shown in the delivery notes.
7.2.3 The Buyer shall not be entitled and irrevocably and unconditionally waives any right to reject the goods or claim any damages whatsoever for short delivery however caused.
7.2.4 The Company’s liability for short delivery is limited to making good the shortage.

8. RETENTION OF TITLE
8.1 The ownership of the Goods shall remain with the Company until the Buyer has paid each of:
8.1.1 All sums owed by the Buyer to the Company on whatsoever grounds;
8.1.2 All sums owed by a holding, subsidiary or associate company of the Buyer as defined respectively by Section 736 of The Companies Act, 1985 and Section 435 of The Insolvency Act 1986.
8.2 Until titles passes, the Buyer will hold the goods as fiduciary agent and bailee for the Company and shall keep the Goods separately stored, protected, insured and identified as the Company’s property.
8.3 Subject to Clause 8.4, the Buyer shall be at liberty to sell the Goods in the ordinary course of business but shall have no authority to enter into any contract of sale on the Company’s behalf. The Buyer shall at the direction of the Company, account to the Company for the proceeds of sale or insurance proceeds of the Goods. A sale of the Goods shall not be made by the Buyer to a company which is its holding company, subsidiary company or with which it is an associated company as defined by The Companies Act 1985 as from time to time without the prior consent in writing of the Company.
8.4 The Company may at any time revoke the Buyer’s power of sale in respect of the Goods, and such power of sale shall automatically cease if the Buyer becomes insolvent.
8.5 Upon determination of the Buyer’s power of sale all sums in respect of the Goods supplied shall immediately become due, notwithstanding that any period of credit permitted under the Contract may not have expired, and the Buyer shall immediately place the remaining goods at the Company’s disposal and the Company shall be entitled to enter upon any premises of the Buyer or to which the Buyer has access for the purpose of removing the same and to remove the same from such premises.

9. LIABILITIES
9.1 Nothing in these Conditions shall exclude or restrict the Company’s liability for death or personal injury resulting from its negligence, or the Company’s liability for fraudulent misrepresentation.
9.2 If Goods supplied are defective in quality or condition, subject to the Terms set out below the Company shall in its sole discretion either supply replacement Goods or refund all (or the appropriate part) of the price paid for the Goods.
9.3 The Company will not be liable under 9.2:
9.3.1 If the defect arises from the Buyer’s negligence or failure to store the Goods in accordance with the manufacturer’s recommendations.
9.3.2 Unless the defect is discovered within Two (2) months from the date of delivery, and the Company has been given notice of the defect within One (1) working day of it being discovered.
9.3.3 Unless the Company is given an opportunity to inspect the Goods and until such inspection occurs the Goods are not used.
9.3.4 If at the time of the discovery of the defect the price for the Goods in question was due and has not been paid.
9.4 Except as expressly provided in these Terms all warranties, conditions, express or implied, Statutory or otherwise are excluded to the fullest extent permitted by law.
9.5 Save as set out in these Terms the Company shall not be liable by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any direct, indirect or special loss, loss of profit, business contracts, or other losses whatsoever whether caused by the negligence of the Company its employees or agents or otherwise which arise out of or in connection with the supply of the Goods or their use or re-sale by the Buyer.
9.6 In no circumstances whatsoever shall the liability of the Company to the Buyer (whether in contract, tort or otherwise) arising under out of or in Connection with this Contract for the supply of Goods exceed the purchase price of the Goods the subject matter of any claim.

10. DEFAULT
“Insolvent” means the Buyer being unable to pay its debts within the meaning of Section 123, Insolvency Act 1986; the levying of execution on any property of the Buyer the appointment of a Receiver or Administrative Receiver over all or any part of the Buyer’s property; a proposal for Voluntary Arrangement or compromise between the buyer and its creditors whether pursuant to the Insolvency Act 1986 or otherwise; the passing of a Resolution for Voluntary Winding-up or the summoning of a Meeting to pass such a resolution other than for the purpose of amalgamation of reconstruction; the presentation of a Petition for the Compulsory Winding-up of the Buyer or an Administration order; the Buyer ceasing to carry on its business.
10.1 “Associated Company” shall mean a subsidiary or holding Company of the Buyer (as defined in Section 736 of the Companies Act 1985) or any company of which the Buyer or any subsidiary or holding company of the Buyer holds Twenty-five per cent (25%) or more of issued equity or equal share capital, or any company, firm or business of which any Director for the time being of the Buyer is a partner, or has an interest (whether directly or indirectly) of Twenty per cent (20%) or more of its share capital or its assets (as the case may be).
10.2 If the Buyer fails to pay for the Goods on the due date or there is a material change in the constitution of the Buyer or an Associated Company of the Buyer or an Associated Company becomes Insolvent or the Buyer fails to remedy any of its breaches of the Contract after being requested so to do the full balance outstanding on any account between the Company and the Buyer shall become immediately payable and the Company shall be entitled to do any of the following without prejudice to any other right or remedy it may have:
10.2.1 Require payment in cash or in cleared funds in advance of delivery of undelivered Goods;
10.2.2 Cancel or suspend any further delivery to the Buyer under any Contract;
10.2.3 Sell or otherwise dispose of any Goods which are the subject of any Contract with the Buyer.
10.2.4 Charge the Buyer interest on the balance of any monies due at the rate of Four per cent (4%) above National Westminster Bank Plc base rate in force from time to time from the date payment became due until actual payments are made.
10.2.5 Set off against any sums due by the Company to the buyer or to an Associated Company any sum or sums due to the Company by the Buyer or an Associated Company.
10.2.6 Without prejudice to the generality of Clause 8 exercise the powers there set out.

11. GOVERNING LAW
These Conditions shall be construed and governed in all respects by English Law and all disputes arising under or relating to any Contract shall be subject to the jurisdiction of the Courts of England to which the Company and the Buyer hereby submit. If any one of these Terms is rendered void or unenforceable at law then that part shall be severable from these Terms and they shall remain in full force and effect.

12. FORCE MAJEURE
The Company shall not be liable for delays in delivery, non-delivery or non-performance caused directly or indirectly or in any manner by fires, floods, accidents, riots. Acts of God or elemental interference, embargoes, strikes, labour difficulties, shortage of labour, fuel, power, materials or supplies, transportation delays or any other cause whatsoever beyond its reasonable control whether or not similar in nature to any of those specified herein. Unless otherwise agreed, the time for delivery shall be extended by the number of the working days delivery is delayed. The Company shall be entitled to cancel or suspend performance of the Contract without liability on its part in consequence of the prospect, happening, or result of such circumstance.

13. ADDRESS FOR NOTICES
Any notices to the Company should be addressed to: Dorjé’s Wine Club Limited, Fulford House, Newbold Terrace, Leamington Spa, Warwickshire, CV32 4EA.