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:
- 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.
- 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.
- 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.
- 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.
- The client must be of legal age and ability to form binding contracts to purchase the products.
- 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.
- 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).
- We do not have the facility to offer credit. We are not a credit broker or finance provider.
- 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.
- 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.
- .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.
- 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.
- Duty and VAT are due before the finished goods leave the government bonded warehouse. Where applicable, this is payable by the client.
- 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.
- All casks are 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 authorized 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).
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).)
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. No actions pertaining to the casks will be permitted without written authorisation from Cask World.
- 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.
- 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 delivery 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.
- 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.
- 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.
- 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.