Terms & Conditions
UKV INTERNATIONAL AG – TERMS AND CONDITIONS
UKV International AG t/a whiskyinvestments.com
Purchase of Stock or Service
The following words and expressions have the meaning.
Bonded Warehouse: means a UK HMRC regulated bonded storage facility which is used to store the whisky stock.
Client: means the Customer, You, or Your, and refers to the purchaser or private individual giving the instruction to purchase whisky stock.
Company: means UKV International AG, Our, We, Us, UKV International AG.
Conditions: means and refers to these Terms and Conditions (and any additional Terms or Conditions agreed between you and UKV International in writing).
Contract: means the contract between you and UKV International for the purchase or procurement and supply of whisky stock or whisky related services.
Delivery Date: means the date the whisky stock is delivered to a Bonded Warehouse facility by the Supplier or UKV International as provided for in these Conditions.
Escrow Company: means an independent Company registered with the FCA (Financial Conduct Authority) for the provision of payment services, that provides a secure payment facility to handle all payments for purchases made by UK private Clients over £5,000.00 to UKV International AG.
Payment: means the receipt of ‘Cleared Funds’ into the Escrow Company’s bank account to the full value of the whisky stock purchase.
Service: means UKV International will act as your agent and or negotiator to procure whisky stock for you in accordance with your selection and instruction.
Stock or Goods: means whisky offered by UKV International AG to you the Client.
Stock Reservation Form: means the Purchase Order for the whisky stock or service issued by the Company in accordance with your purchase instruction.
Supplier: means the person, persons, merchant or trader that supplies whisky stock to UKV International AG.
1.1 By signing and returning this Stock Reservation Form, you confirm your instruction to purchase stock as described in this Stock Reservation Form.
1.2 A Contract will only be formed once we receive confirmation by the Escrow Company that AML checks are satisfactory and complete, and ‘Cleared Fund’ are held within their escrow account. Once confirmed, your instruction can be formally accepted and we shall be bound by these Terms of Business, issue a confirmation of your purchase and we will instruct the Bonded Warehouse to transfer the whisky stock to your private Bonded Warehouse account. (Note, transfers can take up to 120 days, subject bonded transfer location)
1.3 UKV International AG reserves the right to decline instructions by third party representatives, regardless of any relationship to you, or if this party is the beneficiary of the purchase.
1.4 Due to the nature of the whisky stock, once you return a signed Stock Reservation Form and the Escrow Agreement is accepted by the escrow company a contractual undertaking is made by both parties. We undertake to supply stock as described at the price stated, and you undertake to purchase the said stock. This does not affect your statutory rights or rights under the Consumer Protection Act.
2.1 Cancellations must be in writing and received at our main place of business within 7 working days. Upon receipt of any such notification, we will inform the escrow company to return your payment in full. (The purchase of investment grade fine whisky is not subject to cancellation rights under Distant Selling legislation).
2.2 Where the goods are not held in stock, we will order and purchase the stock from a supplier as soon as is reasonably possible following receipt of a signed UKV International AG Stock Reservation Form, and confirmation from the escrow provider of ‘cleared funds’ being held against your order, in any event, no later than 28 days following receipt of funds by the escrow provider of the full payment to the total value of the stock or services.
2.3 Due to the limited availability of some whisky stock, we may need to acquire stock from a third party, it is therefore possible for the availability or price of the whisky to change between the time of issuing the Stock Reservation Form and submitting an order to a supplier. In this event, we will notify you and offer you an alternative whisky stock of the same quality as substitute stock or a full refund should you prefer.
3.1 We will notify you of Delivery Date as soon as we receive written confirmation of delivery of the stock from the supplier into our bonded warehouse.
3.2 We undertake to pay all freight, carriage, insurance and other costs for delivery of the stock from the Supplier to a secure Bonded Warehouse facility.
3.3 Where delivery instruction is not to a bonded warehouse account where UKV International AG holds a bonded trade account, UKV International AG may make an additional charge for this delivery.
3.4 UKV International AG shall be excused for any delay or failure to deliver stock within the contractual time scale caused by the occurrence of Force Majeure. For purposes of this Contract, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by, or under the control of the Party claiming Force Majeure.
4. STORAGE AND REMOVAL
4.1 Your whisky stock will be delivered to an UK HMRC regulated Bond warehouse which compiles to industry standards, with a secure controlled environment.
4.2 You are directly responsible for the storage and insurance costs for your whisky stock held within the bonded warehouse following transfer of the stock to your private bond account. Payment for this facility is charged annually in advance and invoiced to you personally by the bonded warehouse at the prevailing rate as per their terms and conditions.
4.3 The risk of any damage or loss to the goods will pass to you at the time the stock is delivered into your private bond account and you will become personally responsible from this time for insuring the goods against damage or loss.
4.4 Premier Clients will be reimbursed in full for the cost of all annual storage and insurance for any stock purchased through UKV International AG on receipt of a paid invoice from the bonded warehouse detailing the charges and stock being held in bond by a UKVInternational AG Premier Client.
4.5 Should the stock be removed at any time upon your request, you will be liable for any costs personally attributed to such handling, transfer, transport or removal.
4.6 Should the stock be lost or damaged at the Bonded Warehouse whilst covered by our insurance, prior to transfer to your own private bond account, UKV International AG will pay the lower of the replacement value or the market value for the lost or damaged stock, or offer a replacement of the stock where possible.
5. TITLE & DOCUMENTATION
5.1 Title of stock will pass to you immediately following the purchase of the goods from the Supplier and or on receipt of Payment in full to the escrow company.
5.2 The bonded warehouse will provide you with a receipt of whisky stock once received at the Bonded Warehouse and transferred in your private bond account.
6.1 Unless otherwise stated all stock is offered “In Bond” in Pounds Sterling per case and exclusive of VAT and Import Duty.
6.2 Should you wish to remove your stock from Bond you will be liable for the payment of HMRC Duty and VAT to the Bonded Warehouse based on the purchase price.
6.3 All stock prices are determined in-house and subject to a commercial mark-up and purchase premium. This includes sourcing, transportation and delivery, based on availability, demand and global market average prices. We acknowledge the same whisky may be available elsewhere at a lower or higher price.
7. LIABILITY & WARRANTY
7.1 UKV International AG do not give any warranty or make any representations as to: (a) the suitability of the stock for any purpose whether for consumption or as an asset for you or otherwise; (b) guarantee or predict the future value of the stock, if chosen as an investment this choice is at your sole discretion; (c) resell Client’s whisky within the recommended hold period of 5 years or undertake to sell stock purchased through UKV International AG.
7.2 UKV International AG warrants that: (a) we will only utilise or recommend suitably qualified and reputable third parties to provide Bonded Warehouse facilities; (b) we will ensure the insurance described in these Conditions is provided by reputable insurers; (c) we will perform the Service described in these Terms and Conditions with reasonable skill, care and diligence;
7.3 Our total aggregate liability to you for claims arising out of loss, damage or in connection with the Contract shall not exceed the price paid by you for the stock which gives rise to such claim or liability.
7.4 Except as set out in these Terms and Conditions we will have no liability to you arising out of this Contract, whether the liability arises in contract, tort (including negligence) from statute or otherwise.
8. GOVERNING LAW
8.1 The Contract between you and the Company will be governed by and interpreted in accordance with law in Switzerland.
These Terms and Conditions form our Terms of Business with specific reference to the purchase of goods, stock or services. Additional Terms and Conditions apply to the sale or resale of whisky for or on behalf of a client or third party, which are available on request.
UKV International AG is a Swiss based registered limited by shares company, with commercial offices at Bahnhofstrasse 21, 6300 Zug, Switzerland.
UID CHE-457.831.213 – Commercial register number CH-170.3.040.275-6