CUSTOMER TERMS AND CONDITIONS
OUR TERMS
These terms, together with our Privacy Policy on our website, rosewinholdings.com / caskworld.com (Site), constitute the terms and conditions (Terms) pursuant to which we sell any goods (Goods) to retail and wholesale customers. For our maturing cask whisky purchase T&Cs, please see Section 18 at the bottom of these T&Cs.
The Terms govern the relationship between us, Rosewin Holdings PLC (trading as Cask World), and you, when you place any order (Order) with us in relation to the Goods. We are a company limited by shares registered in England and Wales under company registration number 11436070 and have our registered office at 7 Bell Yard, London WC2A 2JR.
By completing a Proforma Form, a Credit Application Form, and/or otherwise placing any Order with us, you accept these Terms and agree to comply with them. No variation or amendment to these Terms shall take effect unless expressly agreed in writing by us.
We may amend these Terms from time to time. Every time you place an Order, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on 22 July 2022.
Note:
Wholesale Customer Account: An account that is set up and has been approved by our company after successfully passing the due diligence test in accordance with the HMRC Alcohol Wholesaler Registration Scheme (AWRS).
1. Content
1.1 We reserve the right to vary our prices, product descriptions and website (www.caskworld.com) content whenever necessary.
1.2 The prices displayed on our wholesale products are exclusive of VAT and do not include delivery or insurance. A detailed VAT invoice will be issued by email once your order has been placed.
1.3 The price of the Goods is inclusive of the costs and charges of processing the Order and packaging the Goods, but is exclusive of the costs of delivery and insurance, which will be quoted to the Customer (if applicable). Unless the price of Goods is stated to be an Ex-Duty Price, the price of the Goods is inclusive of United Kingdom excise duty. The price of the Goods is exclusive of any import duties, taxes, levies or imposts chargeable in respect of the Goods by the fiscal or customs authorities of any country other than the United Kingdom.
2. Order & Order Cancellation
2.1 As a usual term for wholesale customers, we have a minimum order for 4 cases, each case contains 6 bottles. We generally will not accept orders less than four cases of spirits, unless and otherwise with the agreement between Rosewin Holdings PLC and you (the Customer). However, we may set out a minimum order amount and may reject orders that do not meet the minimum.
2.2 Within the minimum order in 2.1 you may choose or “mix and match” a maximum of four different types of products. When we accept an order it is subject to the availability of the products for delivery. To order from us as a wholesaler, you must register a wholesale customer account with us. The registration of the account is free of charge.
2.3 Once we have accepted and processed your wholesale customer account, you may submit a Purchase Order either through an agreed system, or via our “Order form” via email. For verbal orders e.g. via telephone or in person in urgent cases to stock our products, we will note your intended order and send an email to confirm your order. Once we have received your confirmation via email on your verbal order, we will issue you with an invoice with the payment due date.
2.4 If it is known or came to the realisation or knowledge that the customer is under the age of 18 in the United Kingdom this can be an out-right refusal to sell the alcohol and will provide a refund. Where there is a reasonable explanation, we will require the customer to present additional proof of age documentation/ identification.
2.5 Failure to present proof of age document / identification upon request we operate a “no proof, no sale, age verification policy” which means your order will be refused and cancelled. This will be made clear until we are satisfied the customer is over the age of 18 in the United Kingdom. The age limit may be different in other jurisdiction and this must be adhered to in the jurisdiction where the customer resides.
2.6 You may cancel your order after the day the goods are delivered in accordance with the terms set out in Clause 11 below. Cancellations should be made in writing or by email at info@caskworld.com. Where goods have already been delivered there may be a charge to cover the collection. Bottles must be returned unopened and in their original condition. It is your responsibility to keep the bottles safe until collection is made. Please refer to our terms and conditions on "Returns" under clause 11.
3. Availability
3.1 If we have accepted your order, but do not have the products requested in your order, we may substitute suitable alternative products which we may consider are of no lesser quality, or inform you in writing of the products that are not available.
4. Wholesale Customer Account Opening
4.1 Rosewin Holdings PLC is a government approved wholesaler of alcohol under the Alcohol Wholesaler Registration Scheme (AWRS). Our unique reference number is: XAAW00000118403
4.2 In order to comply with the AWRS, we have a due diligence policy. Under this policy we are required to conduct a risk assessment on our potential trade partners in order to comply with HMRC’s guidance to tackle illicit alcohol to be sold in the open market and any fraudulent goods. We will ask for some of the information as set out in our due diligence policy. If you would like a copy or our DD policy or to apply for a trade account, please contact us via info@caskworld.com .
4.3 Once you've passed the due diligence check under the AWRS, you will be assigned a Wholesale Customer Account with an account number. If you have not or did not receive an account number from us within 30 days of your account being approved, please email info@caskworld.com
5. Payments
5.1 Full payment of goods must be made at the point of sale by retail customers. As a retail customer, payments must be made online via our online store at the time of confirming your order through using our online payment options, which includes card payment options. Payments made online must be made in full and without set-off.
5.2 For Wholesale Customer Account holders, unless otherwise agreed in writing, our terms are payment before despatch, and full payment must be made upon receiving the invoice issued by the Company by the date as specified on the invoice. For telegraphic transfer usually it will take 2 days for confirmation and for cheque 7 days to process.
5.2 We will not accept cash payments for any orders from trade customers or online retail customers.
5.3 All of your payments must be made in full and without set-off or deduction. If you dispute an invoice, it must still be paid in full but credit will be given against future invoices if resolution of the dispute means that we should make a refund.
6. Late payment
6.1 If payment is not received by the requested due date, we may charge interest on the overdue amount at the yearly rate of 4% above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment (in cleared funds) of the overdue amount, whether before or after judgement.
6.2 If demanded the Customer must pay us interest together with other debt collection charges incurred and the overdue amount. We can charge you with costs of recovering the outstanding sum, or future orders or terminate this contact, or any contract made under it.
7. Payment & Age Verification Checks
7.1 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
7.2 By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is performed and that your credit rating will be unaffected.
7.3 If there is doubt that the customer's age is below 18 years of age in the United Kingdom, we have a legal duty to determine a person’s age by requesting and checking proof-of-age documentation. If it appears they may be under 18, they must be challenged and provide photographic evidence they are at least 18 before any sale of alcohol takes place.
7.4 Policy on checking the proof-of-age documentation: Rosewin Holdings PLC’s policy are those who are selling alcohol online or by mail order must be trained to check documents are valid and acceptable. Individuals who are checking the proof-of-age documentation must take the document and examine it carefully on both sides before checking:
Date of birth indicates the person is 18 or over;
Photograph is a true likeness of the person requesting alcohol;
Hologram is present and genuine it has not been forged, altered or tampered with; and
It is valid, current and has not expired.
If there are any doubts, or there is a reason to suspect the document is forged or borrowed, the sale or service of alcohol must be refused.
To ensure that the ID documentation is not borrowed, ask them their name, date or birth and star sign and if there is any hesitation the ID maybe borrowed
7.5 Acceptable proof-of-age documents: Rosewin Holdings PLC’s policy outlines the following documents can only be used as an acceptable proof of a person’s age. In the case of online sales a copy of the ID document could be scanned to verify the age and bank details to ensure they are the same person:
- A valid passport;
- A valid UK driving or provisional driving licence with photo and date of birth;
- A valid European Union photo card, driving licence; or
- A valid photographic identity card bearing the national Proof of Age Standard Scheme (PASS) hologram.
7.6 Where necessary we may need to refuse the sale if we are not satisfied the person is over the age of 18.
8. Data Protection & Privacy Policy
8.1 All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.All information revealed through due diligence checks shall be used by us in accordance with our privacy policy that can be found on the Terms and Conditions page at www.caskworld.com
8.2 We may refer any information which appears to be fraudulent or unlawful to relevant third parties such as police, intelligence agencies, or other law enforcement authorities as may be appropriate to comply with the law of England and Wales, and any laws within the devolved administration of the United Kingdom.
9. Delivery time & Recommended Retail Price (RRPs)
9.1 Upon accepting your order, an invoice will be issued. We aim to deliver your order within 21 days but it can be earlier. If there is high demand for our products or we cannot meet the intended delivery date, we will inform you in writing. We will do our utmost to comply with the delivery date; however, there might be external factors which may cause delays which we will review on a continuous basis.
9.2 Any Recommended Retail Price (RRPs) provided to our wholesale customers is only an indication and recommendation. How external businesses/ companies or organisations set their price is within their control and authority to do so. Whether they increase or decrease the price to sell directly to their retail customers is their right in line with the competition laws of England and Wales, Scotland and Northern Ireland. However, retailers must comply with the respective laws on the minimum alcohol pricing, for example, in Scotland and other similar jurisdictions that set a minimum alcohol pricing.
9.3 For shipping to retail customers, a courier company with “adult signature required” service upon delivery will be used.
9.5 The “adult signature required” service is also used as part of Rosewin Holdings PLC’s wholesale of alcohol as we are currently operating both as an online/mail order retailer and as a Government approved alcohol wholesaler under the Alcohol Wholesaler Registration Scheme (AWRS).
9.6 The “Adult Signature Required” service will obtain the adult recipient’s signature and provide Rosewin Holdings PLC (the sender) with a copy. We will also be able to view the adult recipient’s signature online. What is meant by an adult signature and is acknowledged to our staff is that adult recipients must have reached the legal age of adulthood in the receiving country (over 18 years old in the United Kingdom).
10. Liability
10.1 Risk of damage to or loss of the goods passes to you at the time of delivery to you, or at the time your nominated courier collects the goods from us. Unless specified on the products page, goods do not come with any warranty or guarantee other than implied by law for business to business sales.
11. Returns
11.1 For wholesale customers, we do not accept returns of unwanted or non-faulty items. You will inspect the products on delivery and any which are damaged, do not conform with the order (other than substitute products), are short (other than where this is no final instalment delivery), or are excess may be rejected, and this must be reported and made in writing directly to the Company within 3 working days via email to info@caskworld.com quoting invoice number, receipt, reasons and providing photographic evidence.
11.2 For retail customers, current legislation gives you the right to cancel the sale from up to 14 working days from receipt of the goods without penalty and without giving a reason. The following details would have to be complied with:
- Cancellation to be in writing.
- The goods must not be damaged or soiled in any way.
- Goods if possible to be in their original packaging.
- The cost of returning the goods would be at your expense.
- The goods must arrive back undamaged. Please consider insuring the goods before despatch.
- A full refund cannot be given for damaged or soiled goods.
- Customised items or orders cannot be returned.
- Variations to these conditions may apply – subject to mutual agreement.
- Please contact us if you need further help or assistance.
- Bottling’s which are under the rare or exclusive category cannot be returned unless prior agreement is made.
https://www.gov.uk/accepting-returns-and-giving-refunds
11.3 No returns are acceptable without Rosewin Holdings PLC’s prior approval and delivery instructions for transport. Shipping will be charged. All claims shall be waived and automatically be cancelled if they fall outside this timescale.
11.4 All returns are at the customer’s expense. Returns must be made within 28 days of original delivery and goods must be in a resalable condition.
12. Termination
12.1 We may terminate this contract if you commit a material breach which, if remediable, is not remedied within 14 days of receiving notice of default.
12.2 We may also terminate this contract if it appears to us that you (or any person who has guaranteed your obligations to us) are unable to pay your debts as they fall due (including by reason of becoming subject to any insolvency event such as commencement of any winding up or administration proceedings). Termination shall not prejudice any other rights we may have against you. Upon termination, all outstanding debts will become immediately payable and our obligations to you will cease.
12.3 We may also terminate this contact if we are made aware, have found, or later realise that you (individual/ adult(s)/ organisation(s) / agency) have purchased or attempted purchase of alcohol by or for an under-18-year-old in the United Kingdom [UK]. It is also an offence for an under-18 to buy or attempt to buy alcohol. We therefore reserve the right to cancel any order and/or delivery of any alcohol purchased by someone under-18 or for someone under the age of 18 years in the UK. Please refer to our company's policy on the sale of alcohol to under 18 year-olds.
13. Ownership and risk
13.1 Transfer of risk passes from us to you once you have accepted delivery of the order or your nominated courier has collected the goods from us. Ownership of the goods shall not pass to you until we have received in full cleared funds of all sums due in respect of the order. We shall be entitled to recover payment for the goods even though ownership of any of the goods has not yet passed from us.
14. Retention of title
14.1 Notwithstanding delivery and the passing of risk, title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all Goods and/or Services which form the subject of the Contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever.
14.2 Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
15. Force majeure
15.1 We are not liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, accidents, acts of terrorism, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of its obligations.
16. Applicable Law
16.1 These terms and conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently.
16.2 If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in the English courts. Nothing in these terms and conditions limits or excludes your statutory rights as a consumer.
17. Policy on the sale of alcohol
17.1 We have a strict policy not to sell alcohol to anyone under the age of 18 . This is to ensure we promote the Licensing Objectives under the Licensing Act 2003.
17.2 For further information please visit https://www.drinkaware.co.uk/facts/alcohol-and-the-law/the-law-on-alcohol-and-under-18s
18. Cask Purchase Terms and Conditions
The purchase order sets out your purchase of products from Rosewin Holdings PLC, UK registration no. 11436070, trading as Cask World. The purchase is subject to these Terms and Conditions, and your purchase of the products indicates your acceptance of these Terms and Conditions:
18.1 The client must be of legal age and ability to form binding contracts to purchase the products.
18.2 Once a sale is deemed final, no returns will be accepted, or refunds made, and the buyer hereby accepts and waives any claims he/she may have under English law or otherwise.
18.3 All orders placed are subject to availability and all whisky casks are sold on a first come, first serve basis. If for any reason the supplier is unable to proceed with the supply, Cask World reserves the right to cancel the order and return all amounts paid for the products to the client (and will have no further liability to the client).
18.4 We do not have the facility to offer credit. We are not a credit broker or finance provider.
18.5 All payments are due in full by return on presentation of the invoice. No action will occur until cleared funds are received into the company bank account. If cleared funds are not in our account within 7 days (1 week), we reserve the right to cancel the order and re-list the casks.
18.6 All payment shall be made in British Pounds Sterling (£) and the agreed price is due in full at the time the offered price is accepted and confirmed by invoice, unless agreed otherwise in writing. All bank charges are payable by the client.
18.7 Following confirmation of payment and subsequent filling of the cask(s), the supplier will provide the Certificate/Deed of Ownership in the name of the client (or a person chosen by the client) to confirm the acquisition of the product.
18.8 Should the cask ultimately be bottled, both Duty and VAT are due before the whisky has been bottled and the finished goods are removed from the bonded warehouse. This is payable by the client.
18.9 Duty and VAT are due before the finished goods leave the government bonded warehouse. Where applicable, this is payable by the client.
18.10 All casks must remain only in government-approved bonded warehouse facilities, either at the distillery where they are produced or under our WOWGR registration in the UK. They cannot be delivered or moved outside these facilities.
18.11 All casks are stencilled with the Cask World and distillery logos, numbered and held in your name / the name of your chosen person at the distillery’s storage facility or under our company WOWGR in the UK (unless prior agreement has been made between Cask World and the client for the storage of casks with a third-party warehouse under a private account, in which case it is the client’s responsibility to ensure compliance with the following:
Registration as an owner of goods in warehouse
Pursuant to UK law, if you carry on, or intend to carry on, a trade or business in relation to the buying, selling, importation, exportation, dealing in or handling of spirits during the course of this agreement, you must be authorised and registered by HMRC as an owner of goods in warehouse for any spirits you own in a UK excise
warehouse (see HMRC’s Notice 196 section 5).
Duty representation
Pursuant to UK law, if you are non-UK entity and you carry on, or intend to carry on, a trade or business in relation to the buying, selling, importation, exportation, dealing in or handling of spirits during the course of this agreement, you must engage the services of a duty representative for any spirits you own in a UK excise warehouse (see HMRC’s Notice 196 section 5).)
18.12 Cask World can request samples on your behalf from our suppliers and bonded warehouse operators. The standard sample size is 10cl, and costs may vary between warehouse operators. The client will accept to cover all costs of procuring samples, including duty and delivery. Due to the nature of individual warehousing, we cannot guarantee a set time frame.
18.13 It is a requirement for all casks to be insured whilst they are stored under bond. In some cases, this is included in the purchase price. Where it is an additional cost, this will be made clear to the client prior to purchase, and all fees are payable by the client. Annual insurance fees may be subject to change.
18.14 In some cases, annual distillery cask maintenance fees are included in the purchase price. Where it is an additional cost, this will be made clear to the client prior to purchase, and all fees are payable by the client. Annual cask maintenance fees may be subject to change.
18.15 Products are supplied on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied, or statutory, to the extent permitted by law.
18.16 The client acknowledges and agrees that any advice or recommendation given by Cask World representatives as to the storage, application, or use of the products (except those expressly written) is followed or acted on entirely at the client’s own risk, and accordingly Cask World shall not be held liable.
18.17 Cask World is not responsible for any natural, or unnatural, loss of liquid or alcoholic strength which may occur during cask storage or movements. The ‘angel’s share’ is part of the natural process of maturation and is evaporation of both water and alcohol from a whisky cask. The rate of evaporation varies between casks and warehouses. As a result, the output may differ from what is estimated, and the RLA (regauge litres of alcohol) and eventual cask strength of the whisky at exit may be higher or lower than expected.
18.18 Maturing whisky within a cask is a natural process, and the ultimate product and output may differ from what is expected. The client acknowledges and agrees that illustrations, photographs, and descriptions in Cask World or suppliers’ publications are intended as a guide only and the contents shall not be binding on Cask World or the supplier.
18.19 Whilst Cask World usually recommends holding casks of new-make spirit for at least eight years (or following the advice of the distillery based on fill strength and optimum maturation period), the client is free to decide when to exit their casks.
18.20 Any request to exit a cask shall be made in writing to Cask World by the client, and the client acknowledges that, depending on their choice of exit option and other factors such as warehouse workload at the time, completion of the exit process is unlikely to be immediate and may take some time.
18.21 The client agrees that, for the entire duration of ownership, the management and maintenance of each cask held in their name will be wholly and completely overseen on their behalf by Cask World liaising with the relevant distillery warehouse. Unless specifically agreed by the distillery, the client will have no direct contact with them; all enquiries are to be via Cask World. No actions pertaining to the casks will be permitted without written authorisation from Cask World.
18.22 Cask World shall retain 10% of the net profit realised at exit (after deduction of all related taxes, duties, and fees) regardless of the method of exit. In the event that the client bottles the cask for personal consumption, Cask World shall retain 10% of the whisky. In the interests of achieving an equitable outcome for both parties, the method of exit and sale price where applicable (Cask World retains the right to sell the cask at fair market value) must be agreed between the client and Cask World prior to exit.
18.23 Cask World is not authorised or regulated by the FCA (Financial Conduct Authority). Whisky casks are not an investment of a specified kind within the scope of the Financial Services and Markets Act 2000 nor is it a controlled investment subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. Any and all information provided by Cask World relates to whisky and its value. Cask World does not deal with “options”, futures or any regulated investments of a specified kind under the Financial Services and Markets Act 2000. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the Financial Services and Market Act 2000.
18.24 The value of your purchase may go down as well as up, and your capital may be at risk. Cask World cannot be held responsible for market fluctuations and conditions for the price of whisky.
18.25 The purchase of whisky casks described or recommended in our marketing materials or on the website may not be suitable for all people. You should seek your own professional advice as to the suitability of any such purchase before you enter into any transaction.
18.26 Any information relating to past valuations of whisky is not necessarily a guide to future performance. There is no official or regulated index for whisky casks, and therefore valuations are subjective and based upon our and industry-wide historical data and expert professional knowledge.
18.27 Force Majeure
Provision of goods supplied to the client is contingent upon the non-occurrence of strikes, accidents, delays of carriers, delays of delivery, delay of personnel or other causes unavoidable or beyond the control of Cask World. If deliver of the purchase order is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“force majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, supplier failures, shortages, breach, or delays. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or Special losses, any loss of use, profit, business, revenue or contract or any liability of the Buyer to any third party.
18.28 Intellectual Property Rights
Some products purchased and marketing materials may be protected by copyright or other intellectual property rights, including our rights. The client agrees that he/she will not use the products or such marketing materials in a way that infringes those rights.
18.29 Entire Agreement
This Agreement states all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations, and discussions in respect of its subject matter.
18.30 Governing Law and Jurisdiction
This Agreement is governed by the laws of England. Each party irrevocably submits to the exclusive jurisdiction of the English courts in respect of any proceedings arising out of or in connection with this Agreement.
Contact Us
Rosewin Holdings PLC / Cask World
Email: info@caskworld.com
Correspondence Address: 7 Bell Yard, London, WC2A 2JR
Website: www.caskworld.com
Last updated on: 23/06/2021
CWPT&CV4-230621