Terms & Conditions Of Storage
These terms and conditions (“T&Cs”) apply to storage, custodianship or similar services provided by us, Cote d’Or Limited (BRC No. 71842879) (“we” or “us”) to you the customer (“you”). These T&Cs will apply if you are dealing with us as a private or trade customer. No terms and or conditions implied by trade, custom, practice or course of dealing shall apply or have effect.
1.1 We offer storage facility in Hong Kong with JAS Forwarding (H.K.) Ltd. which is HKQAA Fine Wine Storage Management Certified to you for wines purchased from us.
1.2 Wines will be placed in our storage facility:
1.2.1 where you opt for us to store wines you have bought from us; or
1.2.2 when wines have not been delivered or collected within 30 days from invoice date.
2. Withdrawing from Storage
2.1 You are able to collect any wines we are storing for you by giving us 2 business days written notice.
2.2 You may request us, as an agent, to arrange delivery of the wines to you. You will be responsible for all delivery costs. Minimum delivery fee is HK$150 for two 9 litre cases, any additional cases will incur HK$30 extra fee per case.
2.3 All fees and charges relating to storage and or delivery must be settled in full before delivery or collect shall take place.
3. How we store the wines
3.1 Our storage facility is owned and operated by a third party.
3.2 Your wine will be stored:
3.2.1 In Hong Kong;
3.2.2 In a monitored storage facility;
3.2.3 In storage conditions relating to temperature and humidity suitable for the wines.
4. Fees and charges
4.1 Our fees and charges for storage are set out on our website.
4.2 Storage fees will be invoiced monthly.
4.3 Storage fees are charged for each case of wine (or part thereof) per month (or part thereof).
4.4 Storage fees commence from the date we have stored the wine for you, or, from the date the free-storage period expires if had been agreed.
4.5 Our storage fees are in monthly slots and cannot be reduced pro-rota.
4.6 You agree to pay any outstanding charges and or fees in full before removing any wines from storage. If we have not yet invoiced for a period of unpaid storage then we reserve the right to issue an invoice when you ask to remove the wines from storage and this invoice will be immediately due for payment.
5. Ownership and insurance
5.1 You will hold ownership to the wines we store on your behalf at our storage facility subject to full payment has been received.
5.2 You agree for us to arrange insurance on your behalf at the lower of replacement or market value. Please note that the insurance will be provided by a third party insurer and will be subject to various exclusions and limitations. You agree that we will not be liable for the replacement cost of any wines where any loss or damage is for any reason is not covered by our insurance. The insurance will not cover the following losses:
- Damage arising from inherent defects in the goods, wear and tear, gradual deterioration, the action of light, atmospheric or climatic conditions;
- Losses arising from a defect in your title to the wines or any previous or future owner;
- Any damage which amounts to lost profit or indirect and consequential losses;
- Damage caused by your wilful misconduct, dishonesty or deliberate act or omission;
- Damage arising from radioactivity, terrorism, aircraft pressure waves, war and civil commotion, strikes, riots and commotion and similar risks.
In the event there are outstanding fees, charges and or invoices on your account, then you agree that we will have the right to dispose how we see fit the wines we store on your behalf in order to settle the outstanding balance.
7.1 In the event of a debt owed by you to us, we will have the right to purchase back any of your wines which are held by us at a price governed by these terms in satisfaction of your liabilities. We will then be free to sell or otherwise deal with the wines.
7.2 In the event we enforce our right to purchase back wines we are holding for you in order to satisfy your debt to us, we will shall give you written notice to your last known invoice address or email address of our intention to purchase back the wines. Seven days after sending the notice we will be entitled to take ownership and possession and or dispose of some or all of your wines which are held by us.
7.3 Upon purchasing back the wines, we will credit you with 80% of the market value at the time of of the relevant wines (the “credit”). We will have the final say on what is the market value.
7.4 The credit will be set off against any sums you owe us (including any interest owed). If the credit exceeds the sums you had owe to us then we will account to you upon written request for any excess. Interest will not be applied on the excess. We shall hold title to the wines and be free to dispose of the wines at our discretion without any liability to you.
7.5 If any balance remains outstanding owing to us after we have purchased the wines and credited the credit amount to you then the balance shall remain payable by you.
7.6 In no way are any remedies we have waived by us purchasing back the wines from you.
8.1 Our liability in connection with these T&Cs is limited to:
8.2 In the case of loss or damage to the wines the lower of market value and replacement cost; and
8.3 In any other case an amount equal to the total fees and charges paid by you for storage for the previous 24 months.
8.4 This does not include or limit in any way our liability to the extent that it may not be excluded or limited as a matter of law.
8.5 We will not be liable for any maturing, ageing, decomposition or deterioration of the wines unless such damage arises directly as a result of our breach of clause 4.
8.6 We are not responsible for advising you about maturation dates or ideal drinking windows for the wines.
8.7 We are not liable for any indirect or consequential loss or damage or for any loss of data, profit, anticipated savings, reputation, bargain, opportunity, revenue or business however caused, even if foreseeable.
8.8 We will not be liable for any failure to perform our duties under or in connection with this agreement for any reasons which are beyond our control. This may include any failure on the part of our designated keeper or facility which is outside of our control, as well as strikes, lockouts or other industrial action; civil commotion, riot, invasion, war, threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster.
9.1 We reserve the right to alter these T&Cs at any time without notice to you. Any changes will take effect when the T&Cs are uploaded on our website. Your use of the website and or your agreement to store wines in storage with us shall signify your acceptance to be bound by these T&Cs.
9.2 If any provision of these T&Cs is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the other provisions of these T&Cs shall not be affected and continue in force and effect.
9.3 We will not be liable for any failure to fulfil our obligations due to circumstances beyond our control.
9.4 These Terms and Conditions and all contracts entered into are governed by Hong Kong Special Administrative Region law and are subject to the exclusive jurisdiction of the Hong Kong Special Administrative Region Courts.
9.5 If there is any inconsistency or conflict between the English and Chinese versions of this Terms and Conditions of Sale, the English version shall prevail.