1. Scope of these Terms
1.1 These terms govern all storage, custodianship, or similar services provided by us, Scarabee Ltd (“we” or “us”), to you, the customer (“you”). 1.2 Any alternative terms or conditions you may present or attempt to impose are not binding on us.
2. Procedures for Storing Wines
2.1 To place wines into our storage, you must notify us: 2.1.1 when purchasing the wines and opting for storage by us; or 2.1.2 at least 72 hours prior to sending wines to us for storage in any other situation. 2.2 For large or high-volume orders, more than 72 hours’ notice may be required. 2.3 Unless we have agreed to handle the collection or are storing wines sold by us immediately after purchase, you are responsible for transporting the wines to us for storage. You must insure the wines during transit unless we have agreed to collect them. We may apply a receiving charge for accepting or collecting wines for storage. 2.4 Please be aware that we do not inspect wines sent to us for storage and do not verify their authenticity, provenance, quality, or condition at the time of receipt or during storage. At our discretion, we may agree to perform such an inspection and provide a condition report for an additional fee and under separate terms. 2.5 If we sold the wines to you and agreed to store them, we will manage their delivery to and placement within our storage facilities.
3. Retrieving Wines from Storage
3.1 You may collect stored wines by providing a minimum of 72 hours’ written notice. For larger or high-volume removals, we may need additional notice. 3.2 All outstanding charges and fees must be paid before you can remove wines from storage. If the wines are in bonded storage (duty unpaid), you may need to pay applicable duties and VAT to take possession. 3.3 You are responsible for collecting the wines on the agreed date. If we agree to arrange delivery as your agent, you will be liable for any delivery fees.
4. Storage Conditions
4.1 You acknowledge that our storage facilities are operated by third parties. 4.2 We ensure that your wine will be stored: 4.2.1 within the United Kingdom; 4.2.2 in a monitored facility; 4.2.3 under conditions that maintain appropriate temperature and humidity for the type of wine; 4.2.4 in the correct orientation, such as horizontally for bottles where applicable.
5. Fees and Charges
5.1 Our storage fees and related charges are published on our website, specified as an annual rate, and are subject to change each year. 5.2 We issue invoices for storage charges on an annual basis. 5.3 Storage fees are calculated per case of wine (or part thereof) per year (or part thereof). 5.4 Your obligation to pay storage fees for a case begins on the agreed start date of storage, or, if a complimentary storage period is provided, from the date this free period ends. 5.5 The minimum storage charge for each case or part thereof is the equivalent of the annual fee. We do not provide refunds for unused portions of an annual storage period. 5.6 You agree to pay any outstanding storage fees before removing wines from storage. If a period of unpaid storage has not yet been invoiced, we reserve the right to issue an invoice at the time of your request to remove the wines, with payment due immediately.
6. Ownership and Insurance
6.1 Ownership of all wines stored on your behalf remains with you, subject to our rights under clause 7. 6.2 We will arrange insurance for the wines held on your behalf, covering the lower of replacement cost or market value. Insurance is provided by a third-party insurer, and we are not responsible for replacing wines in cases where coverage is unavailable. Ask for a detailed list.
7. Unpaid Fees
7.1 If any amount is owed by you to us (whether under these storage terms, for wine purchases, or any other reason), you agree that we have the right to dispose of the wines we are holding on your behalf to cover the outstanding amount, in accordance with the following provisions. 7.2 We reserve the right to apply interest on unpaid amounts at a rate of 5% above the current base rate of the Bank of England.
8. Default
8.1 If you owe any amount to us (whether arising from our sales terms, these storage terms, or otherwise), you agree that we may purchase any of your wines held by us to settle your liabilities. Once acquired, we may sell or manage the wines at our discretion. 8.2 To exercise this right, we will send written notice to your last known billing address indicating our intent to purchase your wines. Seven days after the notice is issued, we will have the right to assume ownership and possession of the wines and dispose of them as necessary. 8.3 Upon purchasing your wines, we will credit your account with 80% of the market value (the “credit amount”). The market value will be determined by reasonable assessment and will be based on the date seven days after the notice in clause 8.2 is issued. 8.4 The credit amount will be applied against any amounts owed to us, including any accrued interest. If the credit amount exceeds what you owe, we will, upon request, pay the excess to you, although no interest will be accrued on such an excess. Once the credit amount is applied, we will retain full title to the wines and may dispose of them at our discretion without further obligation to account for additional proceeds. 8.5 If any balance remains unpaid after the credit amount is applied, you will continue to be liable for that balance. 8.6 Our right to purchase your wines to satisfy your liabilities does not limit or affect any other legal remedies available to us. 8.7 You acknowledge that the credit amount represents the typical price we would pay for the wines and agree that these terms are reasonable, considering the fluctuations in demand and wine prices. 8.8 If a balance remains unpaid after we have purchased your wines and applied the credit amount, interest will continue to accrue at 5% above the Bank of England’s base rate applicable at the time until the balance is settled.
9. Liability
9.1 Our liability under these terms is limited as follows: 9.2 For loss or damage to wines, liability is capped at the lesser of market value or replacement cost. 9.3 For all other matters, liability is limited to the total storage fees paid by you over the preceding 24 months. 9.4 This does not exclude or limit any liability that cannot be legally excluded or restricted. 9.5 Our responsibility is solely to store and hold the wines. We are not liable for any natural changes such as maturation, ageing, decomposition, or deterioration, unless directly caused by our breach of clause 4. 9.6 We are not obligated to advise on wine maturation dates or optimal drinking windows (which are inherently subjective), nor are we responsible for providing external information such as financial, pricing, or market data about the wines we store. 9.7 We are not liable for any indirect or consequential losses, including lost data, profit, anticipated savings, reputation, opportunities, revenue, or business, even if foreseeable. 9.8 We are not liable for failures to perform our duties under this agreement when caused by circumstances beyond our reasonable control. This includes failures by third-party facilities or service providers, and events such as strikes, industrial actions, civil disturbances, wars, fire, natural disasters, epidemics, or other significant events outside our control.
10. General Provisions
10.1 We reserve the right to modify these terms at any time. Any changes will become effective upon being posted on our website. It is your responsibility to review the terms each time you use the website or arrange for storage. Your continued use of the website or storage services indicates your agreement to the latest terms. 10.2 If any part of these terms is found to be invalid or unenforceable by a court or relevant authority, the remaining terms will continue in full effect. 10.3 We are not liable for any failure to fulfill obligations due to circumstances beyond our reasonable control. 10.4 These terms are governed by the laws of England and Wales, and you agree to the exclusive jurisdiction of the courts of England and Wales.