Terms & Conditions
IMPORTANT LEGAL NOTICE
TERMS AND CONDITIONS
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.capitalalternatives.co.uk (Website) and to any correspondence by email between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Capital Alternatives Limited (6311787) whose registered office is at Sophia House, 3rd Floor 76-80 City Road, London EC1Y 2BJ (‘Company’ or ‘we’ or ‘us’ or ‘Capital Alternatives').
By investing with the Company, the investor (‘You’ or ‘Your’) agree to be bound by the following terms and conditions.
By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. When the Terms and Conditions are changed, the Company will notify you by e-mail or by publishing details of those changes by including them in these Terms and Conditions. As such we recommend you review these Terms regularly.
The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
Links: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
Intellectual Property Protection: The term "Intellectual Property Rights" (“IPR”) means, copyrights, database rights, trademarks, trade names, domain names, rights in logos, designs, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered, granted or pending registration, and all rights to make applications for registration in respect of any of the same.
All IPR in the content and design of the Website and any material e-mailed to you or otherwise supplied to you in conjunction with our online products are the property of the Company. You may not use or reproduce any of the Company’s IPR or breach any IPR, including any trademarks, registered or unregistered, (such as, but not limited to, the Company name and logo or other trade names appearing on the Website) for any reason without written permission from the Company.
The software, which operates the Website, is proprietary software and you may not use it except as expressly allowed under these Terms and Conditions. You may not copy, reverse engineer, modify or otherwise deal with the software.
Changes to the Site: The Company reserves the right, in its discretion, to suspend, change, modify, add or remove portions of content available on the Website at any time and to restrict the use and accessibility of the Website by delivering notice to you in writing.
Force Majeure: The Company, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Advertising: Parts of the Website may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Website complies with all relevant and applicable national laws. The Company is not responsible for any third party content, errors, omissions or inaccuracy in any advertising material, or other third party content.
Invalid Provision: If any provision of this agreement is held to be invalid by a court of competent jurisdiction, the Company shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at the Company’s discretion such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect.
1. Tax: Your tax position depends on the tax law applicable for You as an individual investor. If You are in any doubt regarding Your tax position we recommend please seek advice from a qualified tax professional.
When You sell Your Capital Alternatives investment any profit You make may result in a Capital Gains Tax (CGT) liability. However, any gains You make from Your investments are likely to be tax free if they fall within Your individual annual exemption limit. This is subject to any other disposals You have made during the relevant tax year.
All our investments at Capital Alternatives are designed to offer tax efficiency. Of the assets we offer, some also qualify for additional tax benefits, such as fine wine. Your fine wine investments within the MAG portfolio will be exempt from Capital Gains Tax, which means that it won’t count towards Your annual CGT allowance. In addition, if You allow Capital Alternatives to keep Your wine in bond for You there will be no VAT payable.
2. Money Laundering Regulations: If Your purchase amount is greater than £13,000 please send one document from List A and one Document from List B below with Your order form. The Company and its agents reserve the right to request further documentation in respect of any applicant in order to satisfy their obligations to ensure adherence to Anti Money Laundering regulation and/or legislation. Each item must be less than three months old and should show Your name and permanent residential address. Please note that statements printed via the internet are not acceptable. Original documents will be returned by post at Your risk.
| List A (Verification of Identity) | List B (Verification of Address) |
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Driving Licence Passport Bank statement Building society statement The statement You provide must show transactions and relate to the Bank/Building Society account from which Your payment is drawn. |
Utility bill (but not a mobile telephone bill) Council Tax bill (for the current year) Benefits notification letter from the Benefits Agency confirming the right to benefits (e.g. child benefit, working families tax credit) Original tax notification from HM Revenue & Customs. |
3. Selling and cancelling Your investment: The Company cannot cancel Your investment once Your investment monies have been cleared by the Company.
If You wish to sell Your investment with the Company, You can request this in writing. The Company will use its best endeavours to assist You in the re-sale of Your investment.
4. Guaranteed Investment and Return: The Company guarantees the initial investment made. The guaranteed annual return (GAR) on all portfolios is subject to the following terms:
GAR is payable in full should the Company retain all tangible assets for the term of the investment portfolio.
In relation to Your wine asset, the GAR is reduced by the set percentage asset split (PAS) should You elect delivery upon purchase.
In relation to Your memorabilia and gold assets, the GAR may be reduced by the set PAS should these items be damaged, destroyed or altered in any manner which could cause the asset to reduce in value.
5. Certificates and Valuations: Once You have invested in the Capital Alternatives Multi-Asset Guaranteed Portfolio (MAG), You will receive a statement together with a certificate of ownership for each asset.
You will also receive an annual valuation statement from the Company. We will write to You at the address You have provided to us. Please let us know if this changes at any time, in writing.
Capital Alternatives’ representatives as well as any documents we provide are not designed to advise You on the suitability or otherwise of investment in the Capital Alternatives Multi-Asset Guaranteed Portfolio.
6. Maturation: Within 28 days of expiry of the investment term of Your MAG, You will receive a valuation statement setting out Your options upon maturation of Your investment. The options will include but are not limited to:
Your total investment made plus the minimum GAR;
A sale of all the assets where You receive the higher of the valuation provided or the GAR subject to clause 4 and 7;
A delivery of your assets with no GAR; or
You can rollover your MAGinto a new portfolio or until You wish to sell where You will receive Your initial return plus the higher of the GAR or the sale proceeds subject to clause 7.
Within 28 days of receipt of Your elected option the Company will endeavour to adhere to the option elected by You.
7. Charges: We charge a 3% fee on the sale of Your assets and we do not charge You an annual management fee. If You wish to encash Your investment prior to the contracted time, we will endeavour to (subject to demand at the time of Your request) buy Your investments from You at 90% of the valuation price at that time provided the assets are in the same condition as the assets were when they were delivered to You.
8. Requirements for investing: All investors must be no less than 18 years of age.
9. Investment risk: Any historical investment performance figures referred to are not a guide to future investment performance. This is because previous events do not necessarily indicate future events. The value of Your investment can go down as well as up.
10. Asset split of the Capital Alternative Multi-Asset Guaranteed portfolio: Investors will automatically gain exposure to four distinct asset classes – fine wine, gold, property and memorabilia. As part of this portfolio, we will purchase the underlying alternative assets on Your behalf at a 5% discount compared with buying the assets directly. The asset split is as follows: 25% fine wine, 25% gold, 25% property and 25% memorabilia. This split is guidance only as the Company at its discretion will allocate the assets provided that no investment will contain less than four asset classes.
11. Availability: The Company cannot guarantee the availability of investment in the Capital Alternatives Multi-Asset Guaranteed portfolio since investments are limited and available on a first-come, first-served basis.
12. Storage: Should You wish to have the Company store Your investment, the Company will arrange for storage and insurance for the period of the investment at the Company’s expense.
13. Investment limits: The minimum investment in the Capital Alternatives Multi-Asset Guaranteed portfolio is £5000. The upper limit is £250,000.
14. Reservation: The Company irrevocably reserves the right to unilaterally amend, change, replace and update these terms and conditions at any time.
15. Governing Law and Jurisdiction: These Terms and Conditions shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms and Conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
