Farthinghoe Fine Wine

Farthinghoe Fine Wine Ltd - Terms & Conditions (2025)

Farthinghoe Fine Wine Ltd ("FFW", "we" or "us") is a company registered in England and Wales under Company No. 01123744. Our registered office is at Penrose House, 67 Hightown Road, Banbury, Oxfordshire, OX16 9BE. Our VAT number is 121834494. These Terms and Conditions govern all use of our website, trading platform, and all sales, storage, and brokerage services provided by FFW to you (the "Client" or "you"). By accessing our website or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before placing orders or using our platform.

We reserve the right to update or modify these Terms at any time by posting a new version on our website. Any changes will not affect rights and obligations that arose prior to such changes. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms. Please review these Terms periodically for updates.

1. Definitions

For clarity in these Terms, the following definitions apply:

• FFW: Farthinghoe Fine Wine Limited (or “we/us”), including its website and trading platform.
• Client: The purchaser or account holder using FFW’s services (also referred to as “you”).
• The Bond: Octavian Vaults, Corsham (Wiltshire, UK) - FFW’s primary bonded warehouse for storing wines under bond.
• Under Bond / In Bond: Wine stored in a bonded warehouse under duty suspension (no UK Duty or VAT has been paid).
• Duty Paid: Wine on which all UK excise duty and VAT have been paid (usually delivered for consumption).
• En Primeur (EP): Wine purchased while still in barrel (before bottling and shipment), often offered for future delivery.
• Consumer Contracts Regulations 2013 (CCR): UK regulations granting consumers the right to cancel certain distance contracts within 14 days.
• Client’s Stock: All wine that the Client has purchased and paid for in full, and which is held on the Client’s behalf by FFW (whether under bond or duty paid).
• Rotation Number: A unique identifier assigned to cases of the same wine that arrive on the same consignment - linking it to the Client’s account and facilitating tracking in the warehouse.
• Broking Platform: FFW’s online marketplace where Clients may list wines from their reserves for sale to third-party buyers under FFW’s brokerage service.
• Global Partner Sales: Sales channels or exchanges outside FFW’s direct platform (e.g., partner merchants or international exchanges) through which FFW may list Client wines to expedite a sale.

(All references to “days” imply calendar days unless business days are specified.)

2. Application of These Terms

2.1 Scope - These Terms and Conditions apply to all contracts, sales, and services provided by FFW, including wine sales, brokerage transactions, and storage arrangements. No variation or amendment to these Terms shall be binding unless confirmed by FFW in writing.

2.2 Trade vs Consumer - Whether you are a private individual or a trade client, these Terms apply equally. Certain provisions (such as cancellation rights under consumer protection law) will apply specifically if you are dealing as a consumer (individual purchasing outside of business) and not as a business client.

2.3 Entire Agreement - These Terms, together with any additional written agreements or specific terms for particular services (e.g., Broking Terms or Storage Terms), constitute the entire agreement between you and FFW. They supersede any earlier understandings or agreements, unless expressly incorporated by reference.

3. Placing Orders & Contract Formation

3.1 Offer and Acceptance - Placing an order (whether via our website, by email, or phone) constitutes an offer by you to purchase the goods. A binding contract is formed only when FFW confirms acceptance by issuing an invoice or order confirmation and (if applicable) receiving payment. An acknowledgment of your order (such as an automatic email receipt) is not an acceptance of the order. We reserve the right to decline any order before acceptance, for example, if wines are unavailable or pricing errors are identified.

3.2 Age Requirement - It is illegal to sell alcohol to anyone under 18 years of age. By placing an order, you warrant that you are at least 18 years old and legally eligible to purchase alcohol. FFW will not sell or deliver wine to persons under 18. We reserve the right to request proof of age and to refuse an order or delivery if we suspect the age requirement is not met.

3.3 Availability - All orders are subject to availability. Wine is an agricultural product and supply can be limited. In the event a wine is unavailable or a supplier fails to deliver to us, FFW may cancel the order (or the affected portion) and will offer a suitable substitute or full refund of any payments for the undelivered items. We will inform you as soon as possible of any such issues.

3.4 En Primeur Orders - Orders for En Primeur wines (futures) will be accepted on the same basis, but delivery of En Primeur wines occurs at a much later date once the wines are bottled and shipped. We will issue an acknowledgment of your En Primeur purchase and later issue a request for any applicable delivery arrangements or storage once the wine arrives. (See Section 8.5 regarding specific conditions for En Primeur and cancellation.)

3.5 Order Accuracy - It is your responsibility to ensure that order details (wine description, vintage, quantity, delivery address, etc.) are correct and complete when placing an order. FFW will not be liable for delays or failures caused by incorrect information provided at the time of order.

4. Pricing, Payment Terms & Outstanding Balances

4.1 Prices - All prices are quoted in GBP (£ sterling). Unless explicitly stated, prices are exclusive of UK Duty and VAT (i.e., In Bond prices). Duty-paid prices (inclusive of Duty and VAT) or any applicable taxes will be indicated where relevant or will be added where you request duty-paid delivery. We reserve the right to adjust prices before acceptance of your order due to any error or omission or changes in taxation or duty. Prices and promotional offers are subject to change without notice, but any such changes will not affect orders already accepted.

4.2 Invoicing - FFW will issue an invoice once your order is accepted. For En Primeur or pre-release wines, invoices may be issued for the wine cost at the time of order (excluding duty/VAT), with a separate invoice for duty, VAT, and shipping at the time of delivery from bond.

4.3 Payment Due - For consumer clients (non-trade), payment is due immediately upon invoice (i.e., we must receive cleared payment before wines are dispatched or placed into your storage account). For approved trade accounts or clients who do not require immediate delivery, payment is due within your agreed terms, unless otherwise agreed in writing. If you require immediate delivery of the wine, payment must be made in full before dispatch or collection can be arranged. FFW reserves the right to require payment in advance for any client or order at our discretion.

4.4 Payment Methods - We accept payment by bank transfer (BACS/CHAPS), cheque (drawn on a UK bank), and major credit or debit cards. Card payments can be made by phone. Please note: in line with UK law, no surcharge will be applied to payments made by private consumers using credit or debit cards issued in the UK or EEA. Payments made using a corporate or commercial card, or a credit/debit card issued outside the UK/EEA, may incur a surcharge to cover our actual processing costs (typically around 3%). We will inform you of any such fee prior to completing the transaction, and by proceeding with that payment method you consent to the additional charge. If you pay from a foreign account, you are responsible for any currency exchange fees or bank charges so that FFW receives the full invoiced amount.

4.5 Non-Payment & Retention of Title - All wines remain the property of FFW until paid for in full by the Client. Title to the wine does not pass to you until FFW has received full cleared payment for the wines and any other sums owing (see Section 4.7). We reserve the right to refuse dispatch or release of any wine to you while any payment for that wine or any other outstanding invoice is overdue. In the event of non-payment beyond the due date, we may suspend or cancel your order and/or pursue legal remedies to recover the debt.

4.6 Outstanding Balances & Lien - In addition to retaining title, FFW has a general lien or security interest on any of your wines held by us (in storage or otherwise) until all outstanding amounts owed by you are paid in full. If any invoice or sum remains unpaid beyond the due date, or if you become unresponsive (“out of touch”) regarding payment, we reserve the right to take appropriate action to settle the debt. This includes, but is not limited to:

• Withholding Services: suspending any further deliveries or services to you and refusing to release any of your wines held in our storage until the account is brought up to date.
• Sale of Client’s Wines to Recover Debt: after giving you at least 7 days’ written notice of default, FFW may take possession of and sell some or all of the wines from your stock held by us in order to recover the outstanding amount. We will seek to achieve a reasonable market price for any such sale (this may be by listing the wines on our Broking Platform or through auctions or trade sales as appropriate). Any proceeds of such sale will be applied first to cover any unpaid amounts (including storage fees, interest, and reasonable costs of sale) and then to any other amounts you owe to FFW, with any remaining balance of proceeds (surplus) credited to your account or returned to you. You agree that FFW may act as your agent in selling your wines for this purpose, and that ownership of those wines can pass to the purchaser free of any claims once sold in accordance with these Terms. If the proceeds of sale are insufficient to cover your debt in full, you remain liable for the balance and we reserve the right to pursue you for any shortfall.
• FFW Stock Transfer: Alternatively (or in addition), FFW may elect to take the wines into FFW’s own stock at a fair market valuation (for example, at current market price less our resale commission of 10%) and credit your account with the net value. In such case, title of the wine will transfer to FFW or the new owner, and any shortfall relative to your debt or any surplus will be handled as described above.

4.7 Cross-Account Set-Off - Until title passes to you, any wines held on your behalf in our storage (whether duty-paid or in-bond) are treated as security for all sums you owe to us, not only for the particular order. If you owe us any sum on any account (whether for wine purchases, storage fees, delivery charges, or otherwise), we may at our discretion withhold or set off any funds we owe you or any wines held for you against the outstanding sum. For example, we may decline to release wines or process transfers if storage fees are overdue, or we may apply proceeds from any sale of your wines (with your consent or as per default provisions above) toward any of your unpaid invoices.

4.8 Interest on Late Payments - If any payment due is not received by the due date, we reserve the right to charge interest on the overdue amount at the rate of 5% per annum above the Bank of England base rate (accruing daily) from the due date until the date of actual payment in full. We may also charge an administration fee for late payment notices or debt collection as permitted by law.

4.9 Credit Checks - For large orders or establishing a credit account, FFW reserves the right to perform credit reference checks. Any such credit checks will be done in accordance with our Privacy Policy and applicable data protection laws (see Section 13 below for Data Protection).

5. Cancellation & Returns

5.1 En Primeur Order Cancellations - Special note: En Primeur orders are a commitment to buy wine that is not yet available for delivery. While CCR 2013 rights might technically allow cancellation within 14 days of placing the order, they do not explicitly account for goods delivered much later. FFW will allow consumers to cancel an En Primeur order within 14 days of the order/invoice date for a full refund. After this period, the order is considered final. Once En Primeur wines are shipped and available for delivery, normal cancellation rights do not apply (outside the initial period), but you could consider selling the wine via our broking platform after it arrives.

5.2 Faulty or Incorrect Goods - We are committed to supplying wines in excellent condition. If you receive a wine that is corked or faulty, or if we have sent the wrong item, please notify us as soon as possible. We may arrange for a return or inspect the remaining contents. Where appropriate, we will offer a replacement or credit/refund for the affected bottle or case. In the case of older wines or wines bought as collectables, please note that provenance and condition are carefully checked before sale, but such wines are sold “as is” - any returns or refunds in those cases are at FFW’s discretion.

5.3 Breakages or Leaks - You should inspect all wines upon delivery. If you discover any breakage or leakage, please inform the delivery driver if possible and notify us within 48 hours of delivery. We will arrange a solution (replacement or refund) for any bottles broken in transit. For insurance and claims purposes, please retain the broken items and original packaging so that we can arrange inspection or collection if required.

5.4 Returning Goods (General) - To arrange a return or report an issue, contact our Customer Service team. We will guide you through the process. Do not return wine without contacting us first, as we may use a specific carrier or method for returns. Where a return is due to damage, defect, or our error, we will bear the cost of return shipping. Where a return is under your 14-day right to cancel (and the wine is not defective), you may need to cover the cost of return delivery.

5.5 Complaints - If you have any complaints about our goods or services, you can write to us at our business address (Farthinghoe Fine Wine Ltd, 21 Whittall Street, King’s Sutton, Oxfordshire, OX17 3RD, United Kingdom). We will acknowledge and address your complaint as promptly as possible.

6. Delivery Terms

6.1 Delivery Options - FFW offers delivery of wines within the UK and can arrange international shipping upon request (see Section 7 for international shipping). By default, if you purchase wines Under Bond, they will be placed into our bonded warehouse (Octavian) rather than delivered to you immediately (this is considered “delivery” for In Bond sales). If you purchase wines Duty Paid (including when you later withdraw bonded wines to home consumption), we will deliver to your specified UK address. Alternatively, you may arrange to collect wines from our warehouse or office by prior arrangement.

6.2 Delivery Completion - Delivery of Duty Paid wine is considered complete when the wine is delivered to the address you provided and an adult signs for the delivery. Delivery of In Bond wine (including En Primeur that later arrives under bond) is complete when the wine is transferred into the custody of the bonded warehouse and transferred to your account or name as per our stock records. At that point, risk in the wine passes to you (see Section 9 on Risk & Insurance). If you have wine stored under bond with us, any subsequent removal and delivery to you will be handled as a new delivery order (subject to delivery charges or duties as applicable).

6.3 Delivery Charges (UK) - We offer standard mainland UK delivery via courier for a flat fee or free of charge subject to a minimum order threshold:

• Standard delivery (orders below the free threshold): typically £30 per delivery (additional charges may apply for larger orders).
• Free delivery on orders over £400 in value (exclusive of VAT) to a single address. (Note: Deliveries to remote areas, Highlands, Islands, Northern Ireland, etc., may be subject to surcharges or longer transit times, even if the order value is above the threshold - we will inform you of any such charges before confirming the order.)
• For wholesale/trade orders or large quantities, delivery terms may be separately agreed.

We will confirm applicable delivery charges (if any) at the time of order confirmation. Current delivery charge schedules are also available on our website or upon request.

6.4 Delivery Times - We aim to deliver within 2-5 working days for standard orders to UK mainland addresses (and often sooner, e.g. 1-2 days for London). If you require Express delivery or delivery on a specific date, please contact us - we can usually arrange next-day delivery at an extra charge. Any delivery date given is an estimate; while we endeavour to meet requested dates, we are not liable for delays in delivery due to events beyond our control (see Force Majeure, Section 12) or due to the recipient not being available.

6.5 Delivery Procedure - Our deliveries usually take place on weekdays (Monday to Friday) during business hours. Weekend or holiday delivery may be arranged by special request (and may incur additional cost). The courier will require an adult signature on delivery. If no one is available at your address to accept delivery, the courier will typically leave a card or notification with instructions for re-delivery or collection. You may be charged for re-delivery attempts or storage of undelivered goods. If you know you will not be available, please contact us in advance to rearrange delivery to an alternative date or address.

6.6 Condition on Delivery - Please examine the wine upon arrival. If there are any missing or damaged items, note this on the courier’s delivery note if possible and inform us promptly (ideally within 48 hours as noted in Section 5.7). We may ask for photos of any damage to assist with our claim against the carrier. We insure goods in transit, so any loss or breakage in transit will be covered - see Section 9 (Insurance) for details.

6.7 Transfer to Bonded Storage - If instead of physical delivery you request the wine be placed in bond (to your account or a third-party bonded warehouse), we will arrange an “under bond transfer.” If the receiving account is within Octavian Corsham (our bond), the transfer is straightforward. If transferring under bond to a different warehouse (e.g., London City Bond or another bonded facility), we can coordinate this; additional charges may apply (for the transfer and any admin fees from the receiving warehouse). Under bond transfers within the UK are generally treated as delivered once the receiving warehouse signs for the stock. If you are exporting the wine under bond (e.g., to an overseas bond), see Section 7 on international shipping.

6.8 Failed Delivery and Returns - If delivery fails due to an incorrect address provided by you, or if you fail to collect the wine from a depot within the carrier’s holding period, the wine may be returned to us. Re-delivery can be arranged at your cost. If we cannot contact you or arrange re-delivery within a reasonable time, we reserve the right to treat the order as cancelled and refund you the price of the wine minus any return transport fees and restocking costs, or to place the wine into storage in your account (with any applicable storage fees charged to you).

6.9 Title and Risk on Delivery - Once delivery is completed (as defined in 6.2), the risk of loss or damage to the wine passes to you. However, title (ownership) will not pass until full payment has been received (see Section 4.5). Until title passes, you must hold the wine as bailee for FFW and keep it stored safely, insured, and separate from other goods, but you are entitled to use or resell it in the ordinary course of business (for trade clients) provided proceeds of any sale are held on trust for FFW to the extent of the unpaid amount.

7. Shipping & International Orders

7.1 Export Orders - FFW can ship wines internationally to many countries. If you require delivery outside the UK, please contact us for a shipping quote and to discuss applicable regulations. Any international shipment will be subject to shipping charges based on destination, weight/volume, and speed of service. We will provide a quotation for your approval before finalising an order for export.

7.2 Customs and Taxes - For deliveries outside the UK (or to HMRC-designated zones like the Channel Islands), the recipient is responsible for all import duties, taxes, or local charges that may be levied at the destination country, unless specifically agreed otherwise in writing. We send goods under correct incoterms (typically DAP - Delivered at Place, or as agreed) which means local customs may contact you for payment of duties/taxes before releasing the goods. These charges are beyond our control and not included in our prices. If you are unsure of the charges, you should check with your country’s customs authority. FFW can provide guidance on typical duty rates for wine if needed.

7.3 Overseas Transit - We will pack the wines securely and arrange appropriate insurance for international transit if requested. Note that some destinations may experience longer transit times due to customs clearance. We will give an estimated delivery timeframe, but cannot guarantee exact delivery dates due to the unpredictability of cross-border shipping and customs processes.

7.4 Restrictions - Some countries have restrictions on alcohol imports (quantity limits, licensing requirements, or complete prohibitions). It is your responsibility to ensure wine imports are permitted to your shipping location. We reserve the right to decline an international order if the legal requirements cannot be met.

7.5 Insurance for International Shipments - If requested, we will insure international shipments for loss or damage in transit up to the value of the invoice. If any loss, breakage, or seizure occurs during international transit, notify us immediately. Our ability to resolve or compensate may depend on the insurance and the circumstances (e.g., customs seizure due to improper import is not usually insured). We will work with you on a case-by-case basis.

7.6 Collection by Clients - As an alternative to delivery, clients are welcome to arrange collection of their orders from our UK warehouse or office. If you choose to collect or arrange your own shipping, please give us at least 72 hours’ notice so we can ensure the wine is ready (especially for wines stored under bond, which require a formal transfer-out). Collection of bonded wines must be by an HMRC-registered transporter if you are taking under bond, or we must duty-pay them before release.

7.7 Proof of Export - For wines sold under bond or duty-free for export, we require valid proof of export if you arrange your own export. If adequate proof is not provided within a required timeframe, we may have to charge UK duty/VAT. We will liaise with you on any required documentation.

8. Storage & Cellaring Services

8.1 Using FFW Storage - We offer storage (cellaring) services for clients who wish to keep their wines under bond or in our duty-paid reserves. By default, all wines you purchase from FFW are placed into our bonded warehouse (Octavian) under your account unless you request immediate delivery. This ensures optimal storage conditions and ease of future resale or consolidation. If you prefer to have your wines delivered to you immediately, please notify us at purchase (and ensure duties are paid).

8.2 Storage Facility (The Bond) - Client wines are stored at Octavian Vaults, Corsham, a leading subterranean bonded wine warehouse in the UK. Octavian’s facility is temperature and humidity controlled and is closely monitored by HM Revenue & Customs. Wines stored under bond at Octavian remain under HMRC duty suspension until removed to home use. The warehouse is operated by a third party (Octavian), but FFW maintains a master account with sub-accounts reconciled by our ERP system HWEB, for each Client.

8.3 Identification of Stored Wine - Each case of wine in storage is reconciled within our ERP system, and is reflected on your Stock Holding Report. In the unlikely event of a serious incident or insolvency, these records allow for your wine to be distinguished and treated as your property (assuming payment in full) - see Section 8.10 and 11.2 for details.

8.4 Placing Wines into Storage - If you purchase wines from FFW and opt for storage, we will handle transportation of those wines to the Bond and their check-in. If you wish to send wines you already own (from other sources) into your FFW storage account, you must notify us at least 72 hours in advance of the incoming transfer with details of incoming stock. We can help arrange collection from other UK locations or instruct you on shipping to Octavian. Please note: Unless otherwise agreed, you are responsible for any transport and insurance for wines in transit from you or a third party into our storage. FFW can, on request, arrange collection and transit insurance for an additional fee.

8.5 Incoming Stock & Consolidation - We are happy to help Clients consolidate their wine holdings from elsewhere into their FFW storage account. We charge a handling fee of £4.50 per case for receiving wines from external sources into our reserves. This fee covers the warehouse’s Receiving, Handling & Documentation (RH&D) charges and administrative processing. All Client wines transferred in will then appear on your FFW Stock Holding Report and online account once processed.

8.6 Storage Conditions - All wines are stored in professional-grade cellaring conditions: a cool constant temperature (approximately 10-13°C) and appropriate humidity (~70%) in a dark, vibration-free environment. Wines are stored either in cases (original wooden cases or cardboard boxes) or individual bottle bins for odd bottles. Octavian does not by default perform any inspection or maintenance of the wine inside the cases - wines are presumed sound on entry. FFW and Octavian are not responsible for gradual maturation or aging effects on wine quality; see Section 11.1 on wine condition.

8.7 Ownership of Stored Wine - Legal title to wines in storage follows the payment: once you have paid in full for the wine, the wine becomes your property and remains your property while stored in our facilities, subject to FFW’s lien for any unpaid charges (see Section 4.6). Wines in storage are held in FFW’s account on behalf of clients on a fiduciary basis; our records and the warehouse’s records each identify that wine as belonging to you and not part of FFW’s own stock. Important: Until payment is complete, wine remains property of FFW (we retain title) and we reserve the right to not release it. But once paid, that wine is not an asset of FFW and would not be available to FFW’s creditors in the event of insolvency - it is your property held in custody.

8.8 Insurance of Stored Wine - Wines held in our storage are insured by Octavian (or its insurers) for “All Risks” of physical loss or damage, subject to the terms and limits of their policy. Octavian’s insurance covers the wine up to the replacement value or market value, whichever is lower. This insurance is in place while the wines are in Octavian’s custody. However, Octavian is not aware of the actual market value of each client’s wines and does not guarantee that its total insurance coverage would cover a catastrophic loss of all wines. The “All Risks” cover is intended to cover typical losses (theft, breakage, etc., under normal operations), not an extreme catastrophic event affecting the entire facility. In the unlikely event of a catastrophe that impacts many clients’ reserves, any claims may be prorated across Octavian’s total insured sum. By storing with us, you acknowledge these insurance limits. Octavian’s liability for any one customer’s loss is limited to that customer’s proportional share of the insured amount, as described. Individual items with a value of over £8,000 may incur additional insurance fees – we will let you know prior to accepting such items as to any additional costs, and the terms carried.

8.8.1 Exclusions - Standard insurance exclusions apply. For example, losses due to wear and tear, cork failure, ullage (natural evaporation), gradual deterioration or maturing of wine, climate conditions over time, or inherent defects in the wine are not covered. Also excluded are war risks, terrorism, nuclear/radioactive events, or government seizure. FFW (and Octavian) are not liable for any depreciation in value of wine, or indirect losses such as loss of opportunity or enjoyment (see also Section 11 on Liability).

8.8.2 If you have particularly valuable wines or wish to insure for higher than market value (e.g., replacement cost of a rare vintage might be higher), you are advised to obtain separate insurance. We can facilitate additional insurance on request (this may incur extra premium costs).

8.9 Stock Holding View - You may access your up-to-date inventory via our online platform at any time. Please review your stock carefully and notify us of any discrepancies or questions promptly. We maintain rigorous records, but if you do not report an error or missing item within a reasonable time, it becomes harder to resolve. FFW will not be held responsible for errors in stock records that are not corrected or raised by the Client within three (3) years from the date of the relevant transaction/invoice*.* Essentially, if a mistake in your account balance occurred and you did not bring it to our attention within 3 years, we reserve the right to consider the account final (this does not affect your statutory rights, but is meant to encourage timely reconciliation).

8.10 Storage Charges - Our storage charges (rent and basic insurance) are billed annually. The storage year runs from 1 January to 31 December, and charges are typically invoiced in arrears each December (covering the wine held during that year). Invoices are due for immediate payment upon presentation (usually by end of January). The annual rate is calculated per case or part-case, per annum. For example, if our storage rate is £12.00 per case per year (indicative figure), a full 12-bottle case stored for the whole year would incur that fee (plus VAT). If wine is withdrawn before the end of the year, the charge is prorated to the month. There is no minimum number of cases - we do not charge a flat minimum fee; charges are per actual case in storage (we do not charge “per Client” minimums; each case is charged annually even if you have just one case). We reserve the right to adjust storage fees annually and will give at least 30 days’ notice of any rate change.

8.11 Insurance Charges - The standard insurance for replacement/market value is included as part of our storage service and thus typically included in the storage fee. If insurance costs rise significantly or if you request additional insurance cover, any adjustments will be communicated.

8.12 Payment of Storage Fees - All storage invoices must be paid by the due date (usually immediately). If storage fees remain unpaid, we reserve the same rights as for any unpaid invoice - including suspension of services or release (we will not allow collection or delivery of stored wines until storage fees are settled). Ultimately, if fees are long overdue, the default and lien provisions in Section 4.6 and 4.7 apply (we may sell or otherwise dispose of the wine to recover fees after due notice). We also reserve the right to charge interest on overdue storage fees (as per Section 4.8, 5% over base rate).

8.13 Withdrawal from Storage (Delivery or Collection) - You may request withdrawal of your wines from storage at any time, provided all outstanding fees are paid. To arrange delivery out of bond or transfer, see Section 6 (for UK delivery) or Section 7 (for international). For collection, please give us at least 3 working days’ notice for duty-paid wines, or 5 working days for in-bond wines so we can prepare the stock (bonded stock requires clearance papers).

8.14 Client Access to Stored Wines - You have the right to inspect or collect your wines in person (or via an authorised agent) from our storage facility. If you wish to visit Octavian to inspect your reserves, we will gladly assist. Octavian requires a few days’ advance notice and appropriate security clearance for visitors. Visits are typically possible Monday-Friday during daytime working hours (Octavian is not open to visitors on weekends or public holidays). Please contact us to arrange an appointment - we will coordinate with the warehouse. When collecting in person, you (or your agent) will need to show proper ID and authorisation, and if collecting under bond, the collecting party must be an approved bonded carrier or the wines must be duty-paid on the spot.

8.16 Duration of Storage - There is no fixed term for our storage; you may keep wines in our facility as long as you wish (many clients cellar wines for many years). Details about wine maturity and drinking windows are available in your online account, but it is your responsibility to decide when to withdraw or drink your wines. FFW is not responsible for the condition of wines that have been stored long-term beyond their optimal drinking window, although we provide ideal storage conditions. If storage fees remain paid, we assume you intend to continue storage. In cases where we cannot contact you for an extended period (e.g., correspondence bounces and many years pass), we will follow procedures similar to default (Section 4.6) to handle any abandoned property, in accordance with legal requirements.

9. Broking Services (Client Wine Sales via FFW Platform)

9.1 Broking Overview - FFW offers a brokerage platform that allows Clients to list and sell their own wines through our marketplace and partner networks. Under this service, FFW acts as an agent to facilitate a sale between the Client (as seller) and a third-party buyer. These broking services are governed by additional Broking Terms & Conditions (see the “Broking Terms & Conditions for Client Listings” below). By listing wines for sale with FFW, you agree to those Broking Terms, in addition to these general Terms.

9.2 Eligible Wines for Listing - Generally, only wines that are stored with FFW (in our Octavian bonded reserves) can be listed for sale on our platform. This ensures we can verify provenance and condition, and quickly deliver to buyers. All wines must be your property and free of lien or encumbrance to be listed. If you have wines in another bonded warehouse that you wish to list, please contact us - typically, you would transfer them to our account first. Wines in a duty-paid state can be listed, but you may need to contact us to arrange this.

9.3 Commission and Fees - When your wine sells via our broking platform, FFW charges the seller a commission fee of 10% of the final sale price, plus any due storage on the case(s). There is no commission charged to the buyer. We do not charge any upfront listing fees for standard broking sales. (If your wine does not sell, you owe no commission.) For example, if your wine sells for £1000, FFW will deduct £100 (10%) as commission - you will receive £900 less any storage pro rata, as proceeds. All commission fees are inclusive of VAT where applicable.

9.4 Expedited Sale Option - If you desire a particularly quick sale or access to a wider network of buyers, we offer an optional “Expedite” service for an additional 5% fee and a £19.95 administrational charge to cover the cost of transfer and settlement. This means the total commission would be 15% + £19.95, plus any outstanding storage, if the wine is sold through the expedited channel. Under the Expedite service, FFW may immediately offer your wine to our global partner network of merchants, brokers, or exchanges, or even purchase it directly into our stock for fast turnaround. This can significantly shorten the time to sale (often at a competitive market price, though possibly slightly lower than a full retail price for speed). We will discuss with you the expected price and strategy if you opt for Expedite. If the wine does not sell within an agreed timeframe under Expedite, you can choose to revert to standard listing (10% commission) or adjust the price.

9.5 Listing Process - To list wines, you will provide us details of the wine (name, vintage, format, quantity) you wish to sell, or list the wine directly for sale through the ‘sell wines’ area of your online portfolio. We will make suggestions (both online and offline) on the price you might list at, based on Liv-Ex market data. You must confirm that the wine is available in your FFW reserves (or transferring in). Once listed, the wine may appear on our online shop, and possibly be offered to our mailing list or partners. You retain ownership of the wine until a sale is completed. You may request to delist the wine at any time before it is sold (provided there is no pending accepted offer).

9.6 Sale Agreement - When a buyer agrees to purchase your listed wine (either by paying the asking price or you accepting a bid they made), FFW will notify you that the wine is “Sold”. At that point, a binding sale contract exists: you are obligated to deliver the wine (which we facilitate since it’s in our custody) and the buyer is obligated to pay. FFW will handle invoicing the buyer, collecting payment, and arranging delivery. You should not directly communicate or ship to the buyer - all is handled through FFW to maintain anonymity and ensure payment security.

9.7 Payment to Seller - After the sale is confirmed, FFW will credit your account with the net proceeds (sale price minus commission and any fees) once the buyer’s payment is received and the wine has been released to the buyer. Typically, funds are available to you 30 days after the sale (often sooner, but we allow time for any payment clearance and to ensure no issues). You may withdraw the funds to your bank or leave them as credit for future purchases. If the buyer fails to pay or cancels under any statutory right (if applicable), we will inform you and the sale will be void - your wine will remain or be returned to your reserve with no commission charged.

9.8 Warranties by Seller - When listing a wine, you warrant that: (a) you have good title to the wine and the right to sell it, (b) the wine is authentic and as described (we may inspect and reject any wine that we suspect to be counterfeit or not as described), (c) the wine has been properly stored prior to listing (to the best of your knowledge), and (d) the wine is not subject to any claim, lien, or seizure. You also agree that the wine will remain in our custody during the listing period - you cannot withdraw or otherwise dispose of it unless you remove it from listing.

9.9 Provenance and Inspection - Because all wines for sale via FFW broking are stored in our professional storage, buyers can have confidence in provenance. We may publish or share the storage history (e.g. “Stored at Octavian under bond since original purchase”) to help market the wine. If a buyer requires inspection or condition reports (often for older or high-value bottles), FFW can facilitate this. In some cases, we will open a case to verify bottle conditions, levels, or serial numbers. Any significantly damaged or deteriorated bottles should not be listed; if we find a listed wine is in unsaleable condition, we will withdraw it and notify you.

9.10 Liability for Broking Sales - FFW’s liability in the broking process is limited as described in Section 11. We facilitate the sale but the contract of sale for the wine is technically between you and the buyer. However, to simplify matters, the buyer’s sole recourse for issues will usually be through FFW (and we then may seek resolution with you if, say, authenticity was in question). If a buyer claims a wine is not as described (e.g., wrong vintage or a significant defect not disclosed), we will investigate. In the event of a dispute requiring a refund or return to the buyer, we reserve the right to reverse the sale, refund the buyer, and return the wine to your account, charging you for any costs or losses incurred. Such events are rare and we strive to be accurate in listings to avoid them.

9.11 Broking Fees & Charges - Aside from the commission and administration fees of £19.95, there are typically no other costs. Our commission covers standard handling, insurance, and transfer to the buyer (if under bond). If a buyer requires duty-paid delivery, we will manage the clearance and delivery; any duty/VAT is usually covered in the buyer’s price. We do not deduct duty from your proceeds if your wine was duty-paid, but you will not be able to claim it back. For expedited or external partner sales, any additional costs are covered by the expedite fee. In some instances, selling through an external exchange might incur a listing fee or seller fee (for example, if we list on another platform on your behalf). We would only do this as part of the Expedite service and any such costs would be covered by the additional 5% fee (we handle the accounting of that internally).

9.12 Global Partner Network - Our global network includes other merchants and brokers in Europe, the US, and Asia. If a wine is listed with Expedite, we may advertise it (without identifying you) to these partners. They might have buyers in their client lists. This can lead to faster sales, but sometimes at slightly lower net price due to sharing margins. We will always aim to get you the best net outcome. If a partner finds a buyer, they may buy the wine from us and then we pay you as normal (you don’t need to interact with them). All these arrangements still fall under these Terms and our Broking Terms.

9.13 Removal of Listings - You may request to remove your wine from sale if you change your mind, as long as it has not already sold. Just inform us and we will delist it and keep it in your reserves, or remove the listing via your online platform. FFW also reserves the right to remove a listing at our discretion (for example, if we suspect a wine may be counterfeit, or if the market value drops or conditions change such that the listed price is unrealistically high, or any other reason). We will typically consult you to adjust price before removing for market reasons. We may also decline to list certain wines if they do not meet our quality or provenance standards.

9.14 Taxes on Sales - If you are selling wine as a private individual, any profit may be subject to Capital Gains Tax (CGT) if it exceeds exemptions, though in the UK, wine of suitable type might be considered a “wasting asset” and exempt - consult a tax adviser. If you are a business, you may owe taxes on profits. FFW does not withhold any seller taxes; it is your responsibility to report and pay any applicable taxes on amounts you receive from selling your wine.

(For more details, please refer to our separate Broking Terms & Conditions for Sellers below, which form part of these Terms.)

10. General Disclaimers and Miscellaneous

10.1 Wine Descriptions and Quality - We strive to accurately describe wines (including vintage, producer, origin, and condition). However, due to the nature of fine wine, we cannot guarantee the drinking quality of any wine, especially older vintages. Tasting notes and drink-by windows are subjective and for guidance only. Wine is a perishable product and can develop faults (like cork taint) beyond our control. All wines are sold “as-is” with no warranty as to fitness for a particular purpose, but we will always consider customer feedback in case of suspected faults and may offer resolutions as per Section 5.6.

10.2 E&OE (Errors & Omissions Excepted) - We make every effort to ensure that information on our website, price lists, and invoices is correct. However, we are not bound by obvious errors or omissions in pricing or description. If we discover an error in the price or details of a product you have ordered, we will inform you and give you the option to reconfirm the order at the correct price/details or to cancel for a full refund. We reserve the right to correct errors and omissions without notice. This E&OE provision also applies to any typographical errors in correspondence.

10.3 Market Risk - Wine market prices can fluctuate. Any indications of current value (such as those provided in valuation tools or advice on investment potential) are estimates and not guarantees. We cannot guarantee that wines will increase in value or even retain their value. Clients buying for investment do so at their own risk. FFW is not an investment advisor and any guidance on the market is given as an opinion only.

10.4 No Waiver - Failure by FFW to enforce a provision of these Terms at any time shall not be a waiver of our right to enforce it later. Any waiver of rights by us must be in writing to be effective.

10.5 Severability - If any provision of these Terms is found by a court or competent authority to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remainder of the Terms shall remain in full force and effect.

10.6 Transfer of Rights - The contract is between you and FFW. You may not assign or transfer any of your rights or obligations under these Terms without our written consent (except that consumers may of course resell or gift wine they have purchased). FFW may transfer or assign its rights or subcontract obligations to a reputable and appropriately qualified third party (for example, if we outsource logistics or in the event of a business sale), but this will not affect your rights under the contract.

10.7 Third Party Rights - No person other than the contracted Client and FFW shall have any rights to enforce any term of this agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11. Limitation of Liability

11.1 Liability for Wine Condition - FFW will exercise reasonable care and skill in storing and handling your wines. However, we do not accept liability for the natural evolution of wine (including maturation, potential spoilage or ullage over time) as this is inherent in the nature of the product. Wines (especially older ones) can occasionally be out of condition (corked, oxidised, etc.) even if properly stored - such issues are usually due to factors outside our control (e.g. a faulty cork). Except where we have explicitly given a guarantee (e.g. a younger wine meant for immediate drinking), any remedy for a flawed wine will be at our discretion (see Section 5.6 for policy on faulty bottles).

11.2 Limit on Liability Amount - To the fullest extent permitted by law, FFW’s total liability arising out of or in connection with any contract for the sale of wine or provision of services (including storage or broking) shall be limited as follows:

• For loss or damage to your wine or other goods (whether in storage or in transit), our liability will not exceed the lower of the wine’s market value or its replacement cost at the time of the loss. (If the wine was insured, typically this is what insurance would cover. “Market value” may be determined by us with reference to our selling price or current market listings.)
• For any other losses, our liability is capped at the total amount you have paid us for the specific contract or service in question.

11.3 No Indirect or Consequential Loss - FFW shall not be liable for any indirect or consequential losses. This includes (but is not limited to) loss of profits, loss of business opportunity, loss of goodwill, loss of data, or any special or punitive damages arising from our relationship or the use of our website or services. For example, if a delivery is late or a wine is unavailable, we will not be liable for any loss of an expected investment gain or an opportunity missed, etc. Similarly, we are not liable for depreciation of wine as an asset over time or for any financial advice regarding wine investments.

11.4 Exclusions - We do not exclude or limit our liability for any matter that cannot be limited or excluded by law. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and any breach of obligations under applicable consumer protection laws that cannot be waived. Your statutory rights as a consumer (if applicable) are not affected by these Terms.

11.5 Force Majeure - See Section 12 below - events outside our control may relieve us from liability.

11.6 Client’s Responsibility - You are responsible for carrying out your own inspections and due diligence on wines when appropriate. Upon taking possession of wines, you should promptly inspect them (either by examining or by arranging professional inspection, especially for older/vintage wines). If you notice any issues (e.g., labels, levels, or the wrong wine delivered), notify us immediately. For broking platform purchases, we strongly recommend inspecting within 14 days of transfer or collection. Failure to notify us of any problem within a reasonable time may limit our ability to assist or any liability we might have.

11.7 Advice and Recommendations - Any tasting notes or food pairing suggestions, storage duration recommendations, or investment opinions we provide are given in good faith as informal guidance. These do not constitute legally binding advice, and we accept no liability if outcomes differ (e.g., a wine doesn’t appreciate in value as predicted, or you do not enjoy it as expected). Wine can be subjective.

11.8 Website Usage - Separate from transactions, if any bugs, viruses, or technical issues occur on our website or platform, we will attempt to fix them, but we are not liable for any damage to your technology or data from using our site (please ensure you have appropriate security and use our digital services at your own risk). Our site may link to third-party content; we are not responsible for such content.

12. Force Majeure

12.1 Definition - Force Majeure refers to events or circumstances beyond the reasonable control of the affected party, which prevent or hinder the performance of obligations under this contract. Such events include (without limitation): natural disasters (fire, flood, earthquake), acts of God, war, terrorism, civil unrest, strikes or labor disputes, government actions or restrictions, pandemics or epidemics, interruptions in supply chains, failure of third-party logistics or utilities, or any similar extraordinary events.

12.2 No Liability for Delays - If FFW is prevented, hindered, or delayed from performing any of its obligations under these Terms by a Force Majeure event, we shall not be deemed in breach of contract or liable for such failure or delay, provided that we have made reasonable efforts to mitigate the impact. Our duties shall be suspended for the duration of the Force Majeure event.

12.3 Notification - If a Force Majeure event occurs that affects our ability to fulfil your order or service, we will notify you as soon as reasonably possible, stating the nature of the event and (if known) its likely duration. For example, if a warehouse is shut due to a government order or a courier strike delays deliveries, we will keep you informed of new timelines.

12.4 Your Rights - In a Force Majeure situation, we will endeavour to fulfil our obligations once the event is resolved. If the event renders performance impossible or significantly delayed (beyond 60 days, for instance), either party may have the right to cancel the affected order or service without penalty. If so, we will refund any payment for undelivered goods or unused services. This does not apply to circumstances where goods have already been delivered to the bonded warehouse (in which case your wine remains secure in storage, albeit delivery out might be delayed - storage charges may continue to apply in that interim).

12.5 Mitigation - We will use reasonable efforts to mitigate the effects of any Force Majeure event. This might mean sourcing products from alternative suppliers, rerouting deliveries, or other contingency plans. However, we are not required to settle labour disputes or override our own security measures as part of such mitigation if that is beyond reasonable action.

12.6 Examples - By way of illustration, Force Majeure events could include: closure of Octavian’s facility due to an external incident; a cyber-attack on our IT systems; sudden changes in import/export laws affecting shipping; or a global health crisis imposing movement restrictions. In such cases, we appreciate your patience and will work to find solutions.

13. Data Protection & Privacy

13.1 Compliance - FFW is committed to protecting your personal data and privacy. We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, as well as relevant EU GDPR provisions for EU customers. Please also refer to our full Privacy & Cookies Policy (attached below or available on our website) for comprehensive details on how we collect, use, and protect your data.

13.2 Use of Personal Information - When you deal with FFW (e.g., creating an account, placing an order, storing wine, or using the broking platform), we will collect certain personal information such as your name, contact details, delivery address, and payment details. This information is used for legitimate business purposes: processing orders, delivering products, providing services (like storage and broking), and communicating with you about your account. We may also use your contact details to send you marketing communications (such as newsletters or offers), but only in accordance with applicable law - if you are a new customer, we will obtain your consent where required for marketing. You can opt out of marketing communications at any time.

13.3 Confidentiality - Client information is regarded as confidential. We will not disclose your personal data to third parties except as necessary to carry out our services or as required by law. Specifically, we may share relevant details with:

• Service providers: e.g., the bonded warehouse (Octavian) for account management, logistics partners (couriers) for delivery, payment processors for handling payments.
• Authorities: if required by HMRC (for bonded goods records) or other law enforcement/regulatory bodies (e.g., to verify age or as part of legal proceedings).
• We do not sell or rent your data to any third-party for their own marketing.

13.4 Data Security - We implement appropriate technical and organisational measures to secure your data against unauthorised access, alteration, or loss. This includes encryption of financial information, secure servers, and restricted access to personal data on a need-to-know basis. However, you acknowledge that no data transmission over the internet is completely secure; any information you transmit to us online is at your own risk. Once we receive your data, we will use strict procedures and security features to try to prevent unauthorised access.

13.5 Client Access and Control - You have the right to access the personal data we hold about you. You also have rights to request correction of inaccurate data, deletion of data (where applicable), restriction of processing, and data portability. You may withdraw consent for marketing at any time. To make any data subject request, please contact us (see our Privacy Policy for contact details, typically an email or address for privacy inquiries). We will respond in accordance with the law, usually within one month.

13.6 Records - We will retain transaction records (invoices, storage records, communications) for as long as necessary for our business and legal requirements. Even if you cease to be a customer, we may retain basic information to prevent fraud or to honour your requests (e.g. suppression of email if you opted out of marketing).

13.7 Cookies - Our website uses cookies and similar technologies to provide and improve your browsing experience. Details are provided in our Cookies Policy (see attached Privacy & Cookies Policy section). In summary, we use essential cookies for site functionality (like keeping you logged in or remembering your cart), analytics cookies to understand website usage (e.g., Google Analytics), and possibly advertising cookies if we run ads. Where required, we will obtain your consent for non-essential cookies via a cookie banner or settings. You can control cookies through your browser settings as well.

13.8 Credit Checks - As noted in Section 4.9, we might perform credit checks for trade accounts. If so, we will inform you and use a reputable credit reference agency. This may leave a search footprint on your credit file. We handle such data in accordance with data protection law and only for deciding on credit terms.

13.9 Data Transfers - Generally, we store data on servers in the UK or EEA. If we ever need to transfer your data outside the UK/EEA (for example, using a cloud provider or emailing you while you are abroad), we will ensure adequate protection is in place (such as standard contractual clauses or relying on adequacy decisions).

13.10 Privacy Policy - For full details, please see the Privacy & Cookies Policy below. These terms incorporate that Privacy Policy by reference, and by agreeing to these Terms, you also agree to the terms of the Privacy Policy.

14. Governing Law & Jurisdiction

14.1 Law - These Terms and any contracts with FFW for the sale of goods or provision of services (including storage and brokerage) are governed by the laws of England and Wales. This means the interpretation and enforcement of these terms will be according to English law.

14.2 Jurisdiction - You and FFW agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter. If you are a consumer resident elsewhere, you may also have rights to bring an action in your local courts under consumer protection laws, but in absence of any such mandatory provision, England and Wales will be the forum.

14.3 ADR Option - If a dispute arises, we will attempt to resolve it amicably with you. We may suggest mediation or an alternative dispute resolution mechanism if appropriate. This does not override the above jurisdiction clause but can be a mutually agreed step before litigation.

14.4 Rights of Consumers - As a consumer, you may have additional rights under your local laws if you reside outside England and Wales, but nothing in this section is intended to limit your statutory rights.

Last updated: August 22^nd, 2025. FFW may update these Terms & Conditions from time to time as described in the introduction. The latest version will always be available on our website. Continued use of our services indicates acceptance of any updated terms.

Summary of Key Terms & Charges

For quick reference, here is a summary of some key terms and charges. This summary is for convenience only and does not replace the full Terms above. In case of any discrepancy, the full Terms & Conditions prevail.

Delivery & Charges (Summary)

• Free UK Delivery: We offer free standard delivery within mainland UK for orders over £400 (ex. VAT). Smaller orders below this threshold incur a delivery charge (minimum of £30 and dependent on postcode). Remote areas (Highlands, Islands) may have surcharges or slightly longer delivery times.
• Standard Delivery Time: Usually 2-5 working days. We deliver Mon-Fri during working hours. Specific date deliveries can be arranged (no time guarantees) and next-day or Saturday delivery may be possible at extra cost.
• Signature & Age: An adult signature (18+ years) is required on delivery. Please ensure someone is available or arrange with us if not.
• Missed Delivery: If you miss the delivery, the courier will leave a note. Re-delivery can be arranged. A re-delivery charge may apply.
• Packaging: Wines are sent in secure packaging. Please inspect on arrival; report any breakage or leakage within 48 hours for resolution.

Storage & Charges (Summary)

• Professional Storage: Wines are stored under bond at Octavian Vaults (Corsham) - a reputable climate-controlled facility.
• Storage Fees: Charged annually at £15.85 + VAT per 9L case per year, billed in arrears each December. Pro-rated for partial year on first entry. No minimum fee per client.
• What’s Included: Fee includes insurance covering all risks of loss/damage up to market value (with customary exclusions).
• Insurance Limitations: Insurance covers routine risks; in catastrophic events claims may be split proportionally if values exceed coverage. Excludes gradual deterioration or cork failure, etc. (See Terms Section 8.9.)
• In-Bond & Duty-Paid: We can store under bond (default) or duty-paid. Under bond means taxes unpaid until you withdraw for drinking.
• Consolidation Service: We can take in wines from other storage - £4.50 per case handling fee. We handle transfer paperwork and add them to your account.
• Non-payment: Storage fees billed yearly, due immediately. If fees are not paid, we may refuse release of wines and ultimately have the right to sell your wine to recover costs after due notice (see Terms Section 4.6, 8.13).

Shipping & International (Summary)

• International Shipping: Available to many countries on request. Shipping costs vary by location and order size - we will quote case by case. We use trusted and experienced wine shippers.
• Duties & Taxes: Import duties/taxes are not included in our prices unless clearly specified. The recipient is responsible for any local taxes on arrival. Our paperwork will be in order, but customs may require payment before delivery.
• Insurance: We can insure the shipment at full value. We strongly recommend this for overseas delivery.
• Export Under Bond: We can export wines under bond to a bonded warehouse abroad - all formalities can be handled. Proof of export will be needed.
• Customer’s Own Courier: You can arrange pickup by your freight forwarder. We’ll assist with docs. Ensure they have proper insurance; once collection is made, risk passes to you.
• Special Regions: Note we do not ship to certain countries with prohibitive restrictions (e.g., some Middle Eastern countries). For USA/Canada, special rules apply - often requiring use of an importer - ask us for options.

Broking & Charges (Summary)

• List Your Wines: Clients can list wines from their FFW reserves for sale on our platform. Generally, wine must be in our storage for verification.
• Commission: 10% commission on the sale price + our administration and transfer fees, paid by the seller (deducted from proceeds). Buyers pay no commission (they just pay the sale price plus any delivery).
• Optional Expedite: +5% (total 15%) if you opt for us to fast-track the sale via our global partners or buy outright. This can lead to quicker sale, but slightly higher fee.
• No Sale, No Fee: There’s no charge to list your wines. Storage fees still apply while listed, but if it doesn’t sell, you simply keep your wine.
• Pricing: You set the asking price (within our suggested parameters of market lows and highs). You can adjust or withdraw the listing any time before a sale is agreed.
• Payment: Once sold and the buyer’s payment is secured, we pay you the net proceeds (sale price minus commission/fees). Typically within 30 days after the sale completion.
• Global Reach: We may list your wine to a network of international buyers for maximum exposure (especially if expedite selected).
• Authenticity: You must ensure wines are authentic and in good condition. We may inspect bottles. Any issues (fake or bad condition) and we will cancel the sale and return the wine to you.
• Default: If a buyer defaults, we cancel the sale and relist or inform you. No commission charged unless a sale actually goes through.
• Broking Terms: For more details, see the separate Broking T&Cs below which govern selling through our platform.

Broking Terms & Conditions for Client Wine Listings

These Broking Terms apply when you (“Seller”) list your wines for sale through Farthinghoe Fine Wine’s brokerage service. By offering wines for sale via FFW, you agree to the following terms, which are in addition to (and, in case of conflict, take precedence over) FFW’s general Terms & Conditions. Buyers of wine via our platform are also protected by our general Terms, but these specific terms mainly concern the Seller’s responsibilities and our brokerage role.

1. Appointment of Broker: You appoint Farthinghoe Fine Wine Ltd (FFW) as your agent to facilitate the sale of the wines that you list through our broking platform (“Listed Wine”). FFW will act in accordance with your instructions (such as desired price and whether to expedite), and is authorised to negotiate and enter into a sale contract with a buyer on your behalf for the Listed Wine. FFW’s role is that of a broker/agent; we do not take title to the wine (except as needed for transfer purposes) unless specifically agreed.

2. Seller Eligibility & Wine Ownership: You warrant that you are the sole legal owner of any wine you list for sale, or that you have the full right and authority to sell it (such as an authorised representative of the owner). The wine must be owned, free and clear of any liens, loans, or security interests. If the wine is under a storage lien (for example, unpaid storage fees), you must settle that before listing. You also confirm the wine is not fake or counterfeit and has been acquired through legitimate means.

3. Wine in FFW Custody: In order to list a wine, it must be held in FFW’s storage custody (typically in our Octavian bond account) at the time of listing or transferred to us shortly thereafter. This ensures we can deliver to the buyer without delay and that we have verified details/provenance. By listing a wine, you agree that FFW will hold the wine on your behalf until sold or until you withdraw it from listing. If the wine is currently stored outside of FFW, you will coordinate with us to have it transferred into our storage before the sale completes. FFW reserves the right to refuse listing of any wine not in our possession. If a wine is inadvertently listed while not yet received, you undertake to deliver it to us promptly; failure to do so permits FFW to cancel the listing.

4. Condition and Description: You must provide accurate information about the wine - including producer, vintage, format (bottle size and case size), duty status (in bond or duty paid), and any notable condition issues (e.g. damaged labels, low fill levels on older bottles, etc.). FFW may edit descriptions for standardisation. For older or high-value wines, FFW might inspect the bottles or have them professionally inspected (including taking photos, checking fill levels and labels, etc.). You agree to cooperate in providing any known provenance details (e.g. purchase source, history of storage). You agree that to the best of your knowledge, the wine has been stored properly and should be sound. However, no explicit quality guarantee is given to the buyer beyond the wine being as described.

5. Pricing and Offers: You will set an initial asking price for the wine in consultation with FFW or our suggested pricing on our online platform. This price will usually be an In Bond price per unit (e.g., per case or per bottle). FFW may advise on current market value, but the final decision is yours, within the parameters set. Our platform may allow buyers to make offers below the asking price - if so, FFW will communicate any such offer to you. You can accept, reject, or counter any offer. If you accept an offer or decide to reduce your asking price, that becomes binding as the new sale price if a buyer proceeds.

6. Commission & Fees: If your wine sells, FFW will deduct a commission of 10% of the final sale price, plus our administration and transfer fees (plus VAT on the commission, if applicable) from the proceeds. If you opted for the Expedite service, an additional 5% commission is deducted. There are typically no other seller fees. For clarity: the buyer pays the purchase price (plus any duty/VAT if applicable); from that payment, FFW subtracts 10% (or 15% if expedited) and remits the balance to you. Example: Wine sells for £1000 in bond, standard service. Buyer pays £1000. FFW keeps £100 (commission) and £900 is your proceed. If expedited, FFW would keep £150 on £1000 sale, you get £850.

7. Payment to Seller: FFW will pay you the net proceeds of the sale after the sale is completed. “Completed” means the buyer has paid in full, the wine has been transferred or delivered to the buyer (or their account), and any statutory cooling-off period for the buyer (if applicable) has passed without cancellation. Generally, for in-bond sales to non-consumer buyers, there is no cooling-off period, so payment is made once funds clear, within 30 days. For consumer buyers, FFW may wait 30 days from delivery to ensure no CCR cancellation (though note: usually broking sales are between private individuals and the consumer rights may not strictly apply as they do for merchant-to-consumer sales). In practice, FFW usually releases funds to sellers within 30 days of the sale. Payment is typically made by bank transfer to your nominated bank account or as account credit, as per your preference.

8. Transfer of Title & Risk in Sale: When a sale is agreed, title to the wine passes directly from you (the Seller) to the buyer upon FFW receiving payment from the buyer and initiating the transfer. FFW’s role is to facilitate that transfer. Risk of loss or damage to the wine remains with you until the point of delivery to the buyer (or buyer’s storage account). However, since the wine is in FFW’s custody, we bear responsibility to take reasonable care of the wine while it’s stored and in transit. We insure the wine during transit to the buyer. If something happens (e.g. breakage) after the sale but before delivery, FFW will either compensate the buyer and you (via insurance) or cancel the sale (returning the wine value to you if recoverable via insurance).

9. Delisting & Cancellation by Seller: You may withdraw the wine from sale at any time before a sale is agreed. To do so, you should contact FFW and confirm removal of the listing or remove the listing via your online account. If the wine was already reserved by a buyer (but payment not yet made or contract not finalised), we might treat that as a sale in progress - generally, if an order has been placed by a buyer, it will be upheld.

10. Default or Non-Payment by Buyer: If a buyer fails to pay or their payment doesn’t clear within a reasonable timeframe, FFW may cancel the transaction. In such case, the wine remains yours and can be relisted. You won’t owe any commission for a failed transaction. We handle chasing the buyer; as a seller you typically will not interact with the buyer at all.

11. Authenticity and Recourse: If the buyer later raises a serious concern about authenticity of the wine (e.g., alleges it is counterfeit), FFW will notify you and investigate. If there is clear evidence of a counterfeit or wrong wine supplied, FFW may have to refund the buyer and expect you to take back the wine (or what’s left of it) and/or not receive the proceeds. Essentially, you are responsible for the genuineness of what you have sold. FFW, as your agent, also wants to maintain marketplace integrity, and we will coordinate an appropriate resolution. This could mean sending the bottle for professional authentication. If it turned out to be fake and you had no knowledge, we’d likely also involve who sold it to you originally, if applicable. In summary, you indemnify FFW against losses arising from selling wines that turn out to be counterfeit or stolen, etc., because we cannot insure against that risk. (That said, we do our best to catch any such issues upfront.)

12. Buyer’s Rights and Returns: Under most broking sales, the buyer is another private individual or a trade buyer, not a consumer buying from a business, so consumer cancellation rights (like CCR) likely do not apply. We generally treat broking sales as final. We do not encourage returns unless something is materially not as described. If a return were necessary (wine not as described or damaged), we would handle it case-by-case. As the Seller, you might need to accept a return and refund the buyer (via FFW) if we agree the fault was in the listing or due to your provided information. But ordinarily, all sales are final in the broking exchange once the wine is delivered.

13. Liability of FFW (as Broker): FFW’s liability to you in the broking process is limited. We will account to you for the correct proceeds and handle your property with care. We are not liable for any loss of opportunity if your wine doesn’t sell or if it sells for less than hoped. Our liability for loss of or damage to your wine while in our custody remains as per our storage terms (see Section 11 of general Terms - limited to market value etc.). We also are not liable to you for any buyer’s breach (beyond not giving you the wine back or proceeds); our obligation is to return your wine or its value if a buyer defaults, not to pursue the buyer for additional damages on your behalf (though we may deactivate their account, etc.). Essentially, we promise to treat your asset and money with due care and to pay you correctly; we don’t guarantee a buyer’s performance beyond passing through their payment.

14. Changes to Broking Terms: We may update these Broking Terms from time to time (for instance, changing commission rates or processes), in line with overall Terms changes. We will notify active sellers of significant changes. Your continued use of our broking service after such changes means you accept the new terms. However, any ongoing transaction will use the terms in effect at the time it was initiated.

15. Governing Law: These Broking Terms are governed by the law of England and Wales, and any disputes will be subject to the exclusive jurisdiction of English courts, as per the main Terms (Section 14).

16. Acknowledgment: By listing a wine for sale, you acknowledge that you have read and understood these Broking Terms & Conditions and agree to be bound by them.

(End of Broking Terms & Conditions)

Privacy & Cookies Policy

Farthinghoe Fine Wine Ltd (“FFW”) respects your privacy and is committed to protecting your personal data. This Privacy & Cookies Policy explains how we collect, use, disclose, and safeguard your information when you use our website or services, in accordance with the UK GDPR and relevant data protection laws. It also explains our use of browser cookies and how you can manage them. This policy applies to the website https://www.farthinghoe.com/ (the “Website”) and any other interactions you have with FFW (e.g., email, phone, in person) in the context of our services.

1. Information We Collect

We may collect and process different kinds of personal data about you, which we have grouped as follows:

• Identity Data: such as your name, username or similar identifier, title, date of birth (for verifying age in alcohol sales).
• Contact Data: such as billing address, delivery address, email address, and telephone numbers.
• Account Data: if you register an account on our Website, we collect login credentials (username, password) and account preferences. We also assign you a client account number internally.
• Transaction Data: details about transactions you’ve made with us, including orders placed, wines purchased or sold, payments to and from you, and other details of products and services you have obtained from us (e.g., storage records, broking sale records).
• Financial Data: payment card details or bank account details (note: we do not store full card numbers ourselves - if paying online, card processing is handled by accredited payment processors).
• Marketing and Communications Data: your preferences in receiving marketing from us, your communication preferences, and any feedback or survey responses.
• Technical/Usage Data: when you visit our Website, we may automatically collect data such as IP address, browser type and version, time zone setting, browser plug-in types, operating system, platform, and other technology on the devices you use. We also track usage data including pages you viewed, how you navigated to and from the site, what products you searched or viewed, and how long you spent on pages. This helps us improve our Website.
• Cookies Data: as detailed below, our Website uses cookies which may collect information about your browsing activities and preferences.

We typically do not collect Special Categories of Personal Data (such as health, biometrics, etc.) or data about criminal convictions. The only sensitive data we might hold is verification documents if you provide ID for age or fraud checks.

2. How We Collect Data

Direct Interactions: You may give us your Identity, Contact, and Financial Data by filling in forms or corresponding with us. This includes when you:

• Create an account on our Website.
• Place an order or sell wine via our platform.
• Subscribe to our newsletter or publications.
• Request information or marketing to be sent to you.
• Enter a competition or promotion.
• Give us feedback or contact us by phone/email.

Automated Technologies: As you interact with our Website, we automatically collect Technical/Usage Data. We collect this data using cookies, server logs, and other similar technologies. (See Cookies section below for details.)

Third Parties: We may receive personal data about you from various third parties, for example:

• Analytics providers like Google Analytics (outside the EU, but in compliance via standard protections) - providing aggregated info on how users interact with our site.
• Contact and Transaction data from partners we work with (e.g., if you use a concierge service or app that connects to our shop).
• Identity and Contact data from third-party verification services or publicly available sources, for example if doing due diligence for high-value transactions or anti-fraud checks.

3. How We Use Your Information

We will only use your personal data where the law allows us to. Common uses include:

To Fulfil Contracts: When you buy or sell wine with us, or use our storage, we process your personal data to perform our contract with you. This includes:

• Processing and delivering your orders (identity, contact, financial data for payment, delivery address for shipping) and providing services like storage (we use your data to maintain your account and inventory).
• Communicating with you about orders, pickups, deliveries (e.g., sending order confirmations, delivery notifications).
• Administering payments, fees, and charges.

Legitimate Interests: We process data as needed for our legitimate business interests, provided those are not overridden by your rights. For example:

• Customer Service: Keeping records of your purchases and preferences helps us assist you better (like recommending wines or resolving issues with your order history).
• Marketing: We may send you marketing about similar products or services you’ve shown interest in. We have an interest in promoting our business. (We will always provide an opt-out and honour your preferences.)
• Improving Our Services: Using analytics to improve our website functionality, product selection, and user experience falls under our interest to operate an efficient and user-friendly business.
• Preventing Fraud and Misuse: We may use personal data to keep our platform secure, prevent fraud, and enforce our terms (e.g., verifying age to prevent underage purchases, monitoring for suspicious transactions).
• Asset Management: In the context of fine wine storage and broking, maintaining accurate provenance and ownership records for wine (including linking wines to customer accounts) is in both our and our clients’ interests.

Legal Obligations: In some cases, we need to process data to comply with a legal obligation:

• We keep transaction records to satisfy tax and accounting laws.
• We might have to share information for law enforcement requests or HMRC compliance (for example, under bond records).
• Under UK alcohol sale laws, we must take reasonable steps to verify age (18+) for customers - this might involve checking publicly available data or requesting ID, which is a legal requirement.

Consent: Generally we do not rely on consent for most data uses, as the above grounds cover them. However, we will ask for your consent in certain circumstances:

• Sending marketing communications by email or SMS to a new customer who hasn’t bought anything yet (or similar scenarios where consent is required by e-privacy laws).
• Placing certain non-essential cookies on your device (see cookie consent section).
  If we are processing based on consent, you have the right to withdraw that consent at any time.

4. Disclosure of Your Information

We share your personal data with third parties only for the purposes described above and with adequate protection. Key examples:

• Warehousing and Logistics: We share necessary info with Octavian (our warehouse) - e.g., your name and client ID linked to your stored wines, or your address if you’re collecting there. Also, with delivery companies/couriers for shipping (they get your name, address, phone, and maybe email for notifications).
• Payment Processors: If you pay online, your card details go directly to our payment processor (PCI-DSS compliant) - they only let us know if payment succeeded. If we take card by phone, we enter it into a virtual terminal, and do not record it beyond that transaction.
• Service Providers: IT companies providing us website hosting, CRM or email newsletter tools, analytics services, etc. We require these providers to respect security of data and use it only per our instructions.
• Professional Advisors: Our accountants, lawyers, or insurers might need data if, for example, we audit accounts or handle a legal claim. They are bound by confidentiality.
• Government or Regulatory: If required, we may share data with HMRC (especially regarding bonded goods, AWRS checks), law enforcement, or regulatory bodies. For instance, under the Alcohol Wholesaler Registration Scheme, trade customers buying duty-unpaid might share their AWRS number - we would verify that as required.
• Business Transfers: If FFW is involved in a merger, sale, or acquisition, your data may be transferred to the new owner under continuity of service. In such case, we’d ensure your rights remain protected and you’re informed.

We do not sell your personal information to third parties for marketing. We may sometimes send marketing on behalf of a partner (like an event by a winery) but that communication would come from us, and your details wouldn’t be handed to the third party without your consent.

5. International Data Transfers

Our operations are UK-based. However, some of our external providers (like cloud services or email platforms) might store data on servers outside the UK or European Economic Area (EEA). Whenever we transfer your data internationally, we ensure a similar degree of protection by:

• Transferring to countries that have been deemed to provide an adequate level of data protection by the UK (or EU as applicable), or
• Using specific contracts approved for use in cross-border data transfers (Standard Contractual Clauses) which give personal data the same protection it has in UK/EU.
  We can provide a copy of relevant safeguards if required. (As of the date of this policy, our main website hosting is UK-based, but for example our email newsletter service might be US-based - in that case, SCCs or the UK equivalent are in place.)

6. Data Security

We implement a range of security measures to protect your data:

• Encryption: Our website uses HTTPS (SSL/TLS encryption) to secure data in transit. Sensitive information (like payment details) is handled via secure forms.
• Access Control: Personal data is accessible only to those in our team who need it for their job (for example, our sales and support staff can see your order history to help you; our warehouse coordinator sees your storage records). All such staff are trained on confidentiality.
• Secure Storage: Digital data is stored on secure servers with firewalls. Physical records (if any) are kept in locked cabinets with restricted access.
• Password Practices: If you create an online account, you are responsible for keeping your password confidential. We encourage using a strong, unique password. We do not have access to your password (it’s stored hashed).
• Testing: We periodically test and evaluate our security measures, and we have procedures to deal with any suspected data breach. In the unlikely event of a breach that risks your rights, we will notify you and regulators as required.

7. Data Retention

We will keep your personal data only as long as necessary to fulfil the purposes we collected it for, including for satisfying legal, accounting, or reporting requirements.

• For customers, we typically retain your core account information and transaction history for at least 7 years from your last transaction, because of tax laws and in case of any disputes (the statute of limitations for contract claims can be 6 years in UK).
• If you simply signed up to our newsletter, we keep your contact details until you unsubscribe or ask us to delete them, with periodic reviews.
• If you close your account or request deletion, we will remove personal identifiers and stop processing your data, except for retaining whatever is needed for legal compliance (e.g., invoices must be kept in records, but we can detach your name if requested and not needed).
• We also retain information to prevent fraud or abuse. For instance, if someone was banned for fraud, we may keep their info to ensure they can’t just open a new account.

When we have no ongoing legitimate need to process your personal data, we will either delete or anonymise it. For example, we may anonymise usage data for statistical analysis (so it’s no longer linked to any individual).

8. Your Rights

You have various rights under data protection law regarding your personal data:

• Access: You can request a copy of the personal data we hold about you (commonly known as a “Subject Access Request”). This will be provided free of charge, without undue delay (within one month, extensible to two if complex).
• Rectification: You can ask us to correct any incomplete or inaccurate information we hold about you. We encourage you to keep your account info up to date.
• Erasure: You can ask us to delete or remove personal data in certain circumstances (“right to be forgotten”). For example, if you withdraw consent from marketing, or if data is no longer necessary for the purpose. We will assess each request—sometimes we must retain certain data (e.g., for a live contract or legal obligation).
• Restriction: You can ask us to suspend processing of your data, for example if you contest its accuracy or you object to us processing it (pending our review).
• Data Portability: For data you provided to us and which we process by automated means based on consent or contract, you have the right to request that data in a structured, commonly used, machine-readable format, or ask for it to be sent to another party if technically feasible.
• Object: You can object to our processing of your data where we rely on legitimate interests (including profiling) or where we process for direct marketing. If you object to direct marketing, we will stop immediately. If you object to processing based on other grounds, we will consider your objection and see if our legitimate grounds override your rights.
• Automated Decision-Making: We do not generally make decisions about you solely by automated means that have legal or similarly significant effects. (For example, we do not have automatic order rejection without human involvement. If this changes, we will inform you and your rights.)
• Withdraw Consent: If we are processing your data based on consent (e.g., sending promotional emails), you can withdraw consent at any time. This will not affect the lawfulness of processing done before withdrawal.

To exercise any of these rights, please contact us using the contact details in Section 10. We may need to verify your identity before fulfilling certain requests (for your protection).

9. Cookies Policy

What are Cookies? Cookies are small text files that are placed on your device (computer, smartphone, etc.) when you visit a website. They allow the website to recognise your device and store some information about your preferences or past actions.

We use cookies to enhance your experience on our Website - for example, keeping you logged in, remembering what’s in your shopping cart, and understanding how users navigate through our site.

Types of Cookies We Use:

• Strictly Necessary Cookies: These are essential for the website to function properly. They include, for instance, cookies that enable you to log into secure areas of our site, use a shopping cart, or make use of e-billing services. Without these cookies, services you have asked for (like adding items to your basket) cannot be provided.
• Functional Cookies: These cookies allow our site to remember choices you make (such as your username, language, or the region you are in) and provide enhanced, more personal features. For example, we might use a cookie to remember your preferences like sorting order on product listings, or to remember you’ve seen a notification so it doesn’t show every time.
• Analytical/Performance Cookies: These cookies collect information about how visitors use our website, such as which pages are visited most often, and if they get error messages. We use this information to improve how our website works. We might use Google Analytics or similar tools that set cookies to gather anonymised data (e.g., Google Analytics cookies may track page hits, traffic sources). We use these solely to analyze website traffic and user behavior in aggregate - no personally identifiable info is stored in these cookies.
• Targeting/Advertising Cookies: Currently, our site does not heavily use third-party advertising networks. However, if we do run promotional campaigns or retargeting (e.g., showing you our ads on other sites after you visited ours), cookies would be used to track that. These cookies can record your visit to our site, pages visited, and links followed, and may be used to tailor advertising to you. We might also use cookies to measure the effectiveness of ad campaigns. Any such cookies will only be set if you have given consent through our cookie banner, as they are not strictly necessary.

Third-Party Cookies: Some cookies on our site may be set by third parties:

• For example, if we embed a YouTube video or an Instagram feed on our site, those platforms might set their own cookies.
• Social media sharing plugins (like a Facebook “share” button) might set cookies to allow you to share content.
• Our analytics provider (e.g., Google) sets cookies as mentioned.

We do not have control over third-party cookies, so we recommend checking those third-parties’ cookie and privacy policies for information about their cookies.

Cookie Consent: When you first visit our Website, you will see a banner or pop-up requesting your consent for non-essential cookies (like analytics or advertising cookies). You can choose to accept all, reject non-essential, or customise your preferences. Strictly necessary cookies are exempt from consent (since the site won’t work without them), but you can still block them via browser settings if you really want (though things may break).

If you consented to cookies but later change your mind, you can clear cookies from your browser and adjust your cookie settings on our site (we provide a link or mechanism to change cookie preferences, usually in the footer or account settings).

Managing Cookies: Most web browsers allow you to control cookies through their settings preferences. You can usually set your browser to notify you when a cookie is being set or updated, or to block cookies altogether. For more information on how to manage or delete cookies, visit allaboutcookies.org. However, please note that if you block or delete cookies, our Website might not function as intended - for example, you might not be able to log in or add items to your cart.

Do Not Track Signals: Our Website does not currently respond to ‘Do Not Track’ signals. If a uniform standard is established in the future, we will update our approach.

10. Contact Information

If you have any questions about this Privacy & Cookies Policy or about how we handle your data generally, please contact us:

Data Protection Officer / Privacy Manager
Farthinghoe Fine Wine Ltd
21 Whittall Street, King’s Sutton, Oxfordshire, OX17 3RD

We will do our best to address your inquiry promptly and thoroughly.

11. Updates to This Policy

We may update this Privacy & Cookies Policy from time to time to reflect changes in law or our data practices. When we make changes, we will update the “Last Updated” date at the end of this document. If changes are significant, we may also notify you by email or via a notice on our Website. We encourage you to review this Policy periodically to stay informed about how we are protecting your information.

Last Updated: August 22^nd, 2025.

By using our Website or services after this date, you acknowledge that you have read and understood this Privacy & Cookies Policy. If you do not agree with it, please discontinue use of our services. Your continued use signifies acceptance of this Policy and any updates.