Terms & Conditions
Inroduction
These terms and conditions (the ‘Conditions’) govern the contractual relationship between CaskCap (hereinafter referred to as ‘CaskCap” or “Company”) and you, as purchaser (hereinafter referred to as ‘the Purchaser’) in the sale and purchase of New Make Spirit under the CaskCap Cask Offer, Portfolio Offer or Distiller’s Cask Selection Offer (each as defined below) (the ‘Contract’)
Definitions
Applicable Laws | all applicable laws, statutes, regulations from time to time in force. |
| Company | CaskCap is a trading style of London Cask Co Ltd, a company registered in England and Wales with company number 13327177 and having its registered address at Sierra Quebec Bravo, 77 Marsh Wall, London 77 Marsh Wall, Floor 2, London, England, E14 9SH. (“the Company”) |
| Contract | The contract between the Purchaser and the Company for the supply of Goods and/or Services in accordance with these Terms & Conditions. |
| Duty Suspense | Excise Duty and Vat are suspended on goods whilst good are held ina duty suspended bonded warehouse. Excise duty and Vat may become due if the goods fall outside duty suspense. |
| Excise Duty | Excise duty is an indirect tax payable on excise goods once released for consumption in the UK |
| Goods | Whisky casks and/or other goods offered by the Company as set out in the Stock Reservation Form and confirmed by the Written Invoice. |
| Order | The Purchaser's order for the Goods, as set out in the Stock Reservation Form and clarified in the Written Notice |
| Purchase Price | The price offered by the Company, including in the Stock Reservation Form and the Written Notice, inclusive of the Services provided. |
| Purchaser | An individual that instructs or deals with the Company |
| HMRC Revenue Status Declaration | A form confirming whether or not the purchaser is acting as a revenue trader (commercial trader) or using the Goods for personal use or gifting to others without charge only. |
Services | Cask management storage services and cask insurances services provided by the Company for the Purchaser |
Stock Reservation Form | A written forms used by Purchasers to reserve stock with the Company. This form is issued to the Purchaser by the Company. |
Written Invoice | Confirmation in writing by the Company confirming the receipt ofpayment and providing a detailed description of the Goods purchased which is provided either by email or post |
These Terms and Conditions
- What these Terms and Conditions cover. These Terms and Conditions cover key points, including but not limited to the purchasing of Goods from the Company; related Goods storage and insurance; conditions of sale and termination; the ownership records; and associated risks and liabilities.
- Why the Purchaser should read these Terms and Conditions. The Purchaser must read and understand these Terms and Conditions in full prior to making a purchase from the Company.
- These Terms and Conditions, the Stock Reservation Form and the Written notice, for the Contract and constitutes the entire agreement between CaskCap and the Purchaser. The Purchaser acknowledges that the Purchaser has not relied on any statement, promise, representation, assurance or warranty made or given by or on CaskCap’s behalf, which is not set out in the Contract.
- This agreement is for a minimum of 5 years from commencement of the agreement. You may not remove Goods prior to this time, save as set out in clause 14.
Contact Details
- The Company can be contacted via email at admin@caskcap.com or by telephone (+44) 203 150 1218 or by writing to ‘Cask Offer’ CaskCap , Sierra Quebec Bravo, 77 Marsh Wall, Canary Wharf, London, E14 9SH.
- If the Company has to contact the Purchaser, it will do so by telephoning or writing to the Purchaser to the telephone number and/or at the e-mail address as provided in the Stock Reservation Form. It is important that you inform us of any change to your telephone number, e-mail address and postal address as soon as possible.
CaskCap Cask Offers
- CaskCap offers to Purchasers the casks offered, and as clarified in the stock reservation form.
- Purchasers should check and confirm that the information included in the stock reservation form is correct before proceeding with the purchase. If any errors or discrepancies are found, these should be highlighted to London Cask immediately for correction, but in any event before purchase take place.
Purchasing of Goods
- Offers are presented to the Purchaser in relation to available Goods, usually by email or over the phone. To accept an offer, Purchasers should completed and return a completed Stock Reservation Form to the Company within 48 hours of the offer being made, to ensure that the Goods and the price offered can be honoured by the Company.
- The completed Stock Reservation Form constitutes an offer by the Purchaser to purchase the Goods in accordance with these Terms and Conditions. The Purchaser is responsible for ensuring that the terms of the Stock Reservation Form and additional information submitted by the Purchaser are complete and accurate.
- The Purchaser must provide the following documents along with their order, for the order to be accepted by the Company:
- Acceptable due diligence documents within 24 hours of providing the Stock Reservation Form. This typically includes a current passport or ID card, and current proof of address, which could be a current driving license or a recent Utility bill. Please see our Due Diligence Procedure for more details.
- A completed HMRC Revenue Status Declaration. This is an undertaking in writing to only use the Goods for personal use or gifting to others without charge; and
- Any other information as determined by the Company for identification checks to be carried out by the Company prior to processing the order as part of the Company’s obligations to HMRC.
- The Order shall only be deemed to be accepted when the Company issues the Written Invoice accepting the Order.
- The Purchaser will be required to make payment of 50% of their total order value within 48 hours of submitting the Stock Reservation Order to the Company. Once this sum have been received in cleared funds and once acceptable due diligence checks have been completed, you will be notified in writing and at that point a legally binding Contract will come into existence. The remaining 50% of the order total will be due within 7 days of the initial payment.
- Any samples, drawings, descriptive matter or advertising produced by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual or binding force.
- All purchases shall comply with the rules and regulations of HMRC and other regulatory bodies where applicable. The Purchaser acknowledges and agrees that the Company is not under any obligation to and will not proceed with or enable any purchase that does not comply with the rules and regulations of HMRC and or other regulatory authorities where applicable.
Purchase Price and Payment Methods
- It should be noted that these Goods are held in Duty Suspense, which in the UK means that Excise duty and Vat are not liable to be paid whilst the Goods remain within Duty Suspense. Should any action occur that causes these goods to fall out of Duty Suspense, HRMC may have the right to claim Excise Duty and Vat payments in relation to these goods. The Purchaser will be liable for any Excise Duty and Vat payment due as a result of actions carried out by the Purchaser that cause these goods to fall out of Duty Suspense.
- All payments shall be made in British Pound Sterling, and may be made by bank transfer. 50% of total price is due by the Purchaser on accepting the order. The remaining 50% of the order total will be due within 7 days of the initial payment.
- The information provided by the Purchaser pursuant to the Contract must be complete, accurate, true and not misleading in any respect. The Purchaser warrants that none of the funds used to complete a purchase were derived from or are the proceeds of any unlawful activity which is prohibited by any Applicable Law.
- Any payment not made in full cleared funds as per the Contract will be subject to interest assessed on funds due at 4 percent per annum over the Bank of England base rate.
- All payments are due from the Purchaser in full without any deduction by way of a set-off, counterclaim, discount, abatement or otherwise.
- The Purchaser is solely responsible for any and all taxes and duties that may arise out of any profits or forward sale and/or income derived from the purchase of the Goods.
- The Company shall have a special lien on the Purchaser’s Goods for any debts, claims and liabilities for which the Purchaser is liable to the Company and upon default by the Purchaser in meeting such debts, claims and liabilities by the due date. The Company may at any time after the date of such default give written notice to the Purchaser of exercise of its special lien, empowering the Company to sell all or part of the Goods affected by the lien thereby exercised at such price or prices as the Company considers reasonable in order to meet all debts, claims and liabilities due by the Purchaser to the Company. The Company does not recognise any notice of charge, security or lien or prior rights of any other third party affecting the Purchaser’s Goods and may treat the Purchaser in whose name the Goods are held as the sole owner of the Goods.
Goods
- The Purchaser agrees and acknowledges that all specifications and advertising issued by the Company and any descriptions or illustrations contained in any Company marketing materials are provided for the sole purpose of giving an approximate idea of the Goods described in them. The Company is not bound by such descriptions which do not form a part of the Contract, nor are such descriptions a part of the Contract and this is not a sale by sample.
- The Goods being purchased shall be specifically described in the Written Notice provided by the Company. The Purchaser hereby acknowledges and accepts that the description of the Goods are as described in the Written Notice.
- In the event that the Goods specified in the Written Notice are not available as of the date the order is confirmed by the Written Invoice, the Company will notify the Purchaser within a reasonable time and agree to source Goods of equal or greater description. The Purchaser will have fourteen (14) days to accept the alternative Goods.
- The Company or a bonded warehouse operator may make changes to the Goods in certain circumstances, such as:
- to reflect the changes in the relevant laws and regulatory requirements;
-to implement minor technical adjustments and/or improvements; or
-in the event the Goods are damaged or destroyed, the Company may replace the Goods with identical or materially similar Goods to those set out in the Written Invoice.
Services
-The Company shall provide the Services along with the Goods, as set out in the Written Notice.
-The Company will provide the Services to the Purchaser with the Goods when first purchased for an initial period of five (5) years, which is including in the initial price offered.
-The The Goods shall be stored in duty suspension by us until such time as the ownership is transferred to a purchaser.
-The Company shall obtain insurance for certain categories of physical loss, physical damage or destruction of the Goods while stored in the care of its third-party bonded warehouse operator.
-If the Purchaser wishes to continue with the Services beyond the five (5) year period, the Purchaser must notify the Company no later than six (6) months prior to the end of the five(5) year period. The Company will then provide the Purchaser with any an estimate of costs to continue with storage and insurance Services, and will confirm when the Purchaser need to accept this offer and how payment can be made in order to proceed.
-If the Company is not notified by the Purchaser of its intention to continue the Services, the Services will terminate after the initial five (5) year period. This means that the insurance will end and the Purchaser is fully liable and the Goods as the Goods will not be insured by the Company.
-If the Purchaser does not notify the Company and the Services terminate after the initial five(5) year period, the Company reserve the right to charge interest on any outstanding sums due to them at the rate of 4% above the Bank of England base rate. The Purchaser may also be responsible for additional costs incurred, which could include the payment of Excise Duty and Vat to HMRC should the goods be deemed to fall outside of the Duty Suspense arrangement.
-If the Purchaser has failed to contact the Company regarding the termination of the Services after the initial five (5) year period, the Company shall make reasonable attempts to contact the Purchaser to further storage of to arrange sale of the Goods. If after six (6) months of continued storage, the Purchaser has not contacted the Company, the Company may resell the Goods and, after deducting reasonable storage and selling costs, shall hold the funds from the sale in a trust account for the Purchaser. If after a period of twelve (12) months from the onward sale of the Goods by the Company, the Purchaser has still not contacted the Company the Company shall remove the funds from the trust account and retain and use the funds. Any associated costs incurred in trying to trace Purchasers, will be deducted from funds held on account by the Company.
Risk
-On acceptance of the Purchaser’s order by the Company, risk in the Goods will immediately pass to the Purchaser and the Company will issue the Purchaser with a formal document confirming the Purchaser’s ownership of the Goods.
-The Goods must be stored in a bonded warehouse, where goods are held in duty suspense. Goods in these circumstances must be held within the account of a WOWGR holder, if deemed as a revenue trader.
-CaskCap will maintain records of the Products and will supply these records periodically and/or on request to the Warehouse, such that in the event of an insolvency of CaskCap, the title to the Products will be traceable.
-The Products will be specifically referenced on CaskCap's insurance policy (which is updated on a monthly basis). Insurance is provided on the terms determined by CaskCap in its discretion and is subject to customary exclusions for leakage and spoiling. Save for any Non-Excluded Liability, CaskCap's liability in connection with storage of the Products shall not exceed the amount actually recovered under the insurance policy.
-If you wish to remove the Products from warehouse, and or transfer ownership to another account the following conditions will apply:
-If at any time the Products are removed from the Warehouse whether following a sale or your request for the Product to be delivered to another storage facility, you will pay the reasonable costs of such removal.
-The risk of any damage or loss to the Products resulting from its removal as described in condition 4.9.1 above, will pass to you at the time the Products leave the Warehouse.
-You will be responsible for any tax, VAT or Excise Duty payable upon removal of the Products from the Warehouse.
-You are not permitted to remove the Products from the Account if there are outstanding insurance and/or storage payments.
Purchaser’s obligations
-The Purchaser shall:
-ensure that the terms of the Stock Reservation Form, the Written Notice and any additional information is complete and accurate;
-co-operate with the Company in all matters relating to the Services;
-provide the Company with such information and materials as the Company may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
-comply with all reasonable instructions of the Company, the rules and regulations of HMRC, and all Applicable Laws;
-immediately inform the Company of any material changes to the information they provided to the Company including, but not limited to, the Purchaser’s contact details; and
-as an owner of the Goods, the Purchaser agrees to hold the Goods and use the spirit in accordance with any relevant rules and/or regulations imposed by HMRC and any other relevant body during the course of the Contract.
-If the Company’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Purchaser or failure by the Purchaser to provide information required by the Company or failure by the Purchaser to perform any relevant obligation (Purchaser Default):
-without limiting or affecting any other right or remedy available to it, the Company shall have the right to suspend delivery of the Goods or performance of the Services until the Purchaser remedies the Purchaser Default, and to rely on the Purchaser Default to relieve it from the performance of any of its obligations in each case to the extent the Purchaser Default prevents or delays the Company’s performance of any of its obligations;
-the Company shall not be liable for any costs or losses sustained or incurred by the Purchaser arising directly or indirectly from the Company's failure or delay to perform any of its obligations as set out in this clause 12.2; and
-the Purchaser shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Purchaser Default.
Purchaser’s rights to end the contract
-The Purchaser’s right to end this Contract will depend on what Goods have been purchased, whether there is anything wrong with the Goods, how the Company is performing and when the Purchaser decides to end the Contract.
-If the Purchaser changes its mind about the Goods, see clause 14. The Purchaser may be able to get a refund if it is within the cooling-off period, but this may be subject to deductions;
-In all other cases (if the Company is not at fault and there is no right to for the Purchaser to change its mind), see clause 16.
-As a consumer, the Purchaser has a legal right to change its mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013. The Purchaser has 14 days after the day the Purchaser purchased the Goods to change their mind, and should follow the procedure under Clause 12 if you change your mind. ‘Purchase’ will be satisfied when the Written Invoice is issued to the Purchaser by the Company. Where you have instructed the Company to proceed with the purchase before the end of the 14 day period, and where costs have been incurred as a result of your instructions, any refund may be subject to deductions.
in accordance with the costs incurred in proceeding with the purchase. This could be up to 50% of the total costs agreed,
-If the Company is not at fault and the Purchaser does not have a right to change its mind, the Purchaser can still end the Contract after 5 years in accordance with Clause 16.
Ending contract under the Consumer Contracts Regulations 2013
-Inform the Company.
If the Purchaser is has changed their mind about purchasing the Goods within the 14 day cooling off period, and the Purchaser wishes to end the Contract, the Purchaser should notify the Company by doing one of the following:
-Phone or e-mail
Call +44 (0) 203 150 1218 or e-mail the Company at the contact details at the bottom of this form. The Purchaser should provide its name, home address, details of the order and, where available, a phone number and e-mail address.
-By post
Print off (or use) the form appended to these terms and post it to the Company at the address on the form. Or simply write to the Company at that address, including details of the Purchaser’s order and its name and address.
-The Company will refund the Purchaser the price paid for the Goods, by the method that the Purchaser used for payment. However, the Company may make deductions from the price, as described below.
-Deductions from refunds if the Purchaser is exercising its right to change its mind. If the Purchaser is exercising its right to change its mind within the 14 day cooling off period, the Company may deduct from any refund an amount for the supply of the warehousing service and other benefits for the period for which they were supplied, along with any costs imposed by the warehouse. Any costs imposed will end with the time when the Purchaser told the Company that it had changed its mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
-The Company will make any refunds due as soon as possible. If the Purchaser is exercising its right to change its mind, its refund will be made within 14 days of the Purchaser telling the Company that it has changed its mind.
The Company’s right to terminate the Contract
-Without limiting its other rights or remedies, the Company may terminate the Contract with immediate effect by giving written notice to the Purchaser if:
-the Purchaser does not, within a reasonable time of the Company asking for it, provide information that is necessary and/or required by HMRC and/or to satisfy any regulatory requirement (or compliance with voluntary codes in England), for example, confirmation that the Goods will be held and used only for the purposes of private use and consumption;
-the Purchaser does anything the Company considers to be detrimental to the Company’s brand or reputation;
-the Company discover or are notified that the Purchaser is not a private individual or that it does not intend to use the Goods for private use or gifting;
-the Company discovers or are notified that the Purchaser is using any Goods purchased under a similar arrangement with the Company for purposes that were not permitted under the Contract (including sale of Goods supplied only for private use and/or gifting);
-the Purchaser commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so;
-the Purchaser suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
-Without limiting its other rights or remedies, the Company may suspend provision of the Goods under the Contract or any other contract between the Purchaser and the Company if the Purchaser becomes subject to any of the events listed in clause 13.1.1 to clause 13.1.6, or the Company reasonably believes that the Purchaser is about to become subject to any of them, or if the Purchaser fails to pay any amount due under the Contract on the due date for payment.
-Without limiting its other rights or remedies, the Company may terminate the Contract with immediate effect by giving written notice to the Purchaser if the Purchaser fails to pay any amount due under the Contract on the due date for payment, including the payment with 7 days due under the Written Invoice.
-On termination of the Contract for any reason the Purchaser shall immediately pay to the Company all of the Company's outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, which shall be payable by the Purchaser immediately on receipt.
-Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
-Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
Ending the Contract where you are outside of the 14-day cooling off period
-The Purchaser can still end the Contract after the 5-year term in accordance with this clause. Please note that as these goods are stored in duty- suspense and are subject to storage under HMRC approval you are not permitted to end this agreement within the first 5 years, other than in accordance with Clause 12.
-If the Purchaser wishes to end the contract after the initial 5-year term, the Purchaser should notify the Company in writing by email or post at the contact details set out at the top of this form.
-You must inform the Company what you want to do with the Casks when the contract ends. You should be aware that it takes time to carry out the required steps in order to complete each process. CaskCap will offer four different exit strategies at discretion of the Company. Please note, this is not a guarantee.
These include:
-CaskCap's private investor club
-Whiskey clubs/syndicates
-Online whiskey platforms
-Auction houses
Sale of the Cask(s).
-As the Casks are held under the duty suspension the company will manage and assist in any sale or change of ownership making sure it is dealt with appropriately and the Tax, Excise Duty and other applicable costs payable by the new owner are understood.
-The Company may offer you a price for the Cask in order to purchase it back from you should you wish to sell. The Company can also use their contacts in order to try and find a purchaser for you, or you can find your own purchaser. You must make sure that the purchaser is approved to hold the Cask(s) before a sale can be approved.
-As stated in clause 16.4.1, when a Cask is sold, the Company are required to carry out due diligence and risk assessment checks on a proposed purchaser in accordance with the HMRC requirements. There may be an administration cost attached to this process, which the Purchaser will be responsible for in full. The Company will discuss any costs with you at the time. The due diligence and risk assessment process will take some time, and a sale can only proceed if the proposed purchaser passes all required due diligence and risk assessment checks. The Purchaser will be responsible for any costs associated with the due diligence and risk assessment checks, even if the
proposed purchaser does not pass these checks and cannot proceed with the purchase.
Liability - THE PURCHASER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
-The restrictions on liability in this clause 16 apply to every liability arising under or in connection with this Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
-The Company is responsible to the Purchaser for foreseeable loss and damage caused by the Company. If the Company fails to comply with the Contract, the Company is responsible for loss or damage that the Purchaser suffers that is a foreseeable result of the Company breaking the Contract or failing to use reasonable care and skill. The Company is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example, if the Purchaser discussed it with the Company during the order process.
-The Company does not exclude or limit in any way its liability where it would be unlawful to do so. This includes liability for death or personal injury caused by Company negligence or the negligence of Company employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of the Purchaser’s legal rights in relation to the Goods or Services.
Force Majeure
-Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract, except for any payment obligations, if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall inform the other party as soon as reasonably practicable and be entitled to a reasonable extension of the time for performing such obligations.
Notices
-Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:
-delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
sent by email:
-TO THE COMPANY; admin@caskcap.com
-TO THE PURCHASER; the email address for the Purchaser stated in the Stock Reservation Form.
-Any notice or communication shall be deemed to have been received:
-if delivered by hand, at the time the notice is left at the proper address;
-if sent by pre-paid first-class post or other next working day delivery service, at9.00 am on the second business day after posting; or
-if sent by email, at the time of transmission, or, if this time falls after 4pm, business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
-This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
-The Purchaser agrees to receive electronic communications from the Company.
-All communications shall be in English.
Angels Share
-The Purchaser acknowledges and agrees that there will be a loss of both alcohol and volume while the Goods mature. This loss occurs as a result of absorption into the wood of the cask and as a result of natural evaporation. While the amount of loss will fluctuate, the Company anticipates that this may amount to up to 2% loss per annum from the volume specified in the Written Invoice. The Purchaser acknowledges this is in line with the industry standards. The Company accepts no liability for any loss of alcohol or volume occurring in this manner.
-The Purchaser accepts that in an industry such as whisky there will be variations from cask to cask and distiller to distiller. The Purchaser also accepts and understands the market in which different values are ascribed to different whiskies at different times.
Disclaimer
-The Company is not authorised or regulated by the FCA (Financial Conduct Authority). The Goods are not an investment of a specified kind within the scope of the Financial Services and Markets Act 2000 nor are they controlled investments subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. Any and all information provided by the Company relates to the Goods and their value. The Company 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 2000.
-The Purchaser should seek its own professional advice as to the suitability of any such investment or service before entering into any transaction.
-Any information relating to past valuation of the Goods is not necessarily a guide to future performance.
-The information contained in the Company marketing materials or the website is not intended to be an offer to buy or sell securities, and those materials should not be regarded as an offer of solicitation to conduct investment business of any investment or activity regulated by the FCA.
Intellectual Property
-The Purchaser acknowledges that any marketing materials, documents, or other information issued to them by the Company are subject to copyright, trademarks, database rights and similar rights and are owned by the Company, its licensors or relevant third-party content providers. Such information may be used for personal reference only and may not otherwise be reproduced, stored, distributed or transmitted in any form or by any means without the prior written permission from the Company.
Minimum Hold term
-New make whiskey is the freshly distilled and unaged spirit that cannot legally be called whiskey as it has not been matured for the required period, which, for Scottish Whisky and Irish Whiskey, is usually three years and one day.
As a result,
1. CaskCap strongly recommend that you should hold your whiskey investment for a minimum of three years.
2. Any projected buy back options quoted are based on the investment being held for a minimum term of three years, and therefore,
a. Any projections or valuations provided cannot be relied upon, if, the investment is not held for the minimum recommended term of three years.
3. There is no guarantee that CaskCap will be able to offer a buy back option if the investment is not held for the minimum expected term.
a. If Caskcap decide there is a buy back option available, you could get back less than you invested.
General
-The Company may transfer its rights and obligations under these terms to another organisation. The Company will always notify the Purchaser in writing if this happens and the Company will ensure that the transfer will not affect the Purchaser’s rights under the Contract.
-The Purchaser may not transfer its rights under the Contract to someone else without the prior written consent of the Company.
-Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the contract or not. No failure or delay by the Company to exercise any right, power or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of any other right, power or remedy.
-The parties do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party of it.
-Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
-This Contract is governed by English law and the Purchaser can bring legal proceedings in respect of the Goods and Services in the English courts.
-This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
-Each party irrevocably agrees 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 this Contract or its subject matter or formation.
By signing these Terms and Conditions, I can confirm I have read, understood, and agree with these Terms and Conditions.
Name:
Signed:
Date:
Signed on behalf of CaskCap
Name:
Signed:
Date:
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To:CaskCap, Sierra Quebec Bravo, 77 Marsh Wall, London 77 Marsh Wall, Floor 2, London, England, E14 9SH
Email address: admin@caskcap.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on
[*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate