\ Terms and Conditions - Cellarmaster Wines

Terms and Conditions

In these terms and conditions, the "Company" will mean Cellarmaster Wines HK Limited, and the "Customer" will mean any person, firm, company or body which places an order with the Company. Please read these terms and conditions carefully before using the site. By using the site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.

[I] General

It is illegal to sell alcohol to people under the age of 18. By placing an order, the Customer confirms that he/she is 18 years old or above. The Customer shall ensure that no person shall use his/her login to purchase alcohol products and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time agreed.

The Company shall make every effort to ensure that prices, details and sizes of products on this website are up to date. Prices are subject to change without prior notice and all orders are subject to Company's acceptance at its sole discretion and stock availability.

• The Company shall make every effort to ensure products displayed on the website are in stock. If from time to time products become out of stock, the Company reserves the right to offer alternative product/s to the Customer of similar value and style.

• All orders are subject to confirmation of final availability and the Company reserves the right to reject the order in the event that any of the products or services requested are unavailable. In the event that we are unable to fulfil any of the products or services in your order we will notify you by phone or email before your requested delivery date.

Breakage

• The Customer is requested to examine the goods immediately upon delivery for any deficiencies and/or damages. Claims (if any) must be lodged to our customer service hotline +852 6011 6292 at the time of delivery, otherwise we shall have the discretion to refuse your claim after delivery.

Refund Policy

• It is the receiver's responsibility to check the condition of any goods received including glassware and accessories, at the time of delivery.

• Refund is only available when valid original receipt is provided and refund guarantee will only be applicable on wine or champagne below HK$750 (per bottle) or less than 10 years old.

• Refund will be credited into Customer's credit card account within 4 weeks upon confirmation.

• No returns shall be made on glassware or accessories after the receiver has acknowledged receipt of the goods.

• In the event that you would like to claim a refund or return, please call our customer service hotline +852 6011 6292 within 7 days from the date of delivery.

Title

• All risks in the products shall pass to the Customer upon delivery but the Company shall retain title in the products until full payment has been received.

Force Majeure

• The Company shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of Company.

[II] Payment Terms:

• We accept payment by Paypal, VISA, MasterCard and American Express only.

• All product prices listed are in HK dollars.

• Your offer to purchase made on www.cellarmasterwines.com shall be subject to our sole discretion and may not be accepted subject to the availability of stock. A final and conclusive invoice will be presented to you upon delivery.

• The Company may from time to time set credit limits for individual customers and reserves the right to limit sales including the right to decline sales to any customers.

• The Company reserves the right to change the payment terms for any order without prior notice.

[III] Delivery :

We offer FREE delivery (single location only) for purchases over 24 bottles or more on Hong Kong Island. For more information on delivery charges please see the Delivery Charges tab on the website or call us on  +852 6011 6292

• Delivery service is limited to commercial and residential addresses only.

• Delivery service is not available if there is no authorised or legitimate unloading area within 50 meters of the delivery address.

• Delivery service of five cases or more is only available to addresses of 4th floor or above when lift service is available. In the event of a lift breakdown we will make arrangements to deliver the goods at another time.

• Delivery service will be suspended when typhoon signal No.8 or above or a black rain warning is hoisted. In this event customers will be contacted to re-schedule delivery time.

• We reserve the right to charge an additional delivery fee if the recipient is not available to accept delivery at the nominated delivery time.

• It is the responsibility of the customer to notify the Company immediately of any change to their delivery address.

• We reserve the right to decline delivery of goods to any customer at our sole discretion absolutely.

Non-pickup / non-delivery

The Company has the right to charge storages fees for storing the wine in the event that:

• a customer fails to pickup the wine within two weeks of purchase;

• wine is non-deliverable within two weeks of purchase due to customer’s failure to notify the Company of change of address or the Company is otherwise unable to contact customer;

• a customer refuses to take delivery of the wine.

In the event that the wine has not been collected / delivered and the storage fees referred to above have not been paid for 3 years from notification by the Company that the wine is ready, then the Company has the right to dispose of the wine with no further notice to the Customer. The Company shall have no liability to the customer in respect of disposal of the wine in such circumstances.

These terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region, the People's Republic of China and the Customer and the Company agree to submit to the exclusive jurisdiction of the Hong Kong courts. The Company may revise these terms and conditions at any time without prior notice. If any dispute arises, the Company determination shall be final. Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

Notice on disclaimer, copyright and limitation of liability

1. Application

This notice applies to:

a. The use of cellarmasterwines.com;

b. All information stored on or receivable through this or any other cellarmasterwines.com server ("Information"); and

c. Any goods or services offered, accessed or obtained through cellarmasterwines.com by you ("the User").

These terms govern the use of www.cellarmasterwines.com and limits the liability of Cellarmaster Wines HK Limited and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider  in relation to any such use, information, goods and services.

2. Copyright

The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("Copyright Infringement") will occur.

3. General Disclaimer

Cellarmaster Wines HK Limited expressly disclaims any responsibility, representation or warranty:

a. In relation to the quality, operation, use, accuracy, or timeliness of, or use for any purpose of, cellarmasterwines.com or the Information;

b. In relation to any goods or services accessed, offered or obtained through cellarmasterwines.com or pursuant to the Information;

c. That any access to cellarmasterwines.com or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;

d. That the Information will not be objectionable or offensive to the User or any other person;

e. For any error, omission or misstatement in or arising from the Information.

The Company will not be a party to any transaction between the User and any third person in any way relating to the Information or made through cellarmasterwines.com unless and only to the extent expressly stated in writing otherwise.

4. Third parties websites

Cellarmasterwines.com may contain materials produced by third parties or links to other websites. Cellarmaster Wines HK Limited accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to cellarmasterwines.com) which are not under the Company's direct control.

5. Limitation of liability

The Company shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:

a. Any direct loss;

b. Any consequential or indirect, incidental, special or exemplary loss (including without limitation loss of revenue or profits, goodwill, use, data or other intangible losses); or

c. The User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or cellarmasterwines.com use.

6. Confidentiality

The Company does not warrant (and accepts no responsibility for) confidentiality of any Information or data whether personal or otherwise transmitted through cellarmasterwines.com. The Company's current practice is to take reasonable steps to maintain confidentiality.

7. Availability and suitability of services

The Company does not warrant that the Information or materials contained in cellarmasterwines.com are current or accurate or that any of the products or services featured on cellarmasterwines.com are available. The Company may change the materials appearing on cellarmasterwines.com at any time without notice.

8. User's obligations

In consideration of the Company allowing the User access to the Information and/or cellarmasterwines.com, the User agrees:

a. Not to carry out or allow any copyright infringement;

b. Not to use the Information or the User's access to cellarmasterwines.com for any illegal, improper, obscene or defamatory purpose;

c. To take all steps to ensure the Information does not damage the User's Information or systems;

d. To ensure that all Information which you provide to cellarmasterwines.com is true and accurate to the best of your knowledge;

e. To the Company conducting research on access to the Information;

f. To all disclaimers and limitations of liability set out in this notice; and

g. To all personal data policies current from time to time applying.

9. Dealing with Advertisers

Your correspondence or business dealings with, or participation in promotion of third parties placing advertisements on www.cellarmasterwines.com or other parties found on or through the services of www.cellarmasterwines.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on www.cellarmasterwines.com.

10. Online Payment

Notwithstanding anything herein contained, the Company shall not be liable to you for and in respect of any loss or damage (including indirect and consequential losses and damage) suffered by you in connection with any on-line payments made by you by reason of :

a. any failure, delay, interruption, suspension or restriction of the transmission of any information or message from any payment gateways of the relevant banks and/or third party merchants for processing credit/debit/smart card or other payment facilitating mechanism;

b. any error in or omission from any information or message transmitted from the said payment gateways;

c. any breakdown, malfunction or failure of those gateways; and

d. anything arriving out of or in connection with them.

11. Modifications of Services

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services of www.cellarmasterwines.com (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

12. Indemnity

User agrees to hold the Company harmless and indemnify the Company against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of cellarmasterwines.com in breach of the terms and conditions herein or negligence.

13. Availability and Suitability of Services

The Company does not warrant that the information or materials contained in www.cellarmasterwines.com are current or accurate or that any of the products or services featured on www.cellarmasterwines.com is available. The Company may change the materials appearing on www.cellarmasterwines.com at any time without notice.

14. Law and Severability

The Terms shall be construed in accordance with, and this agreement is governed by the laws of the Hong Kong Special Administrative Region of the Peoples' Republic of China and each part of these terms and conditions shall apply to the extent permitted thereby. Any part of these terms and conditions which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of these terms and conditions nor affect the validity or enforceability of that part in any other jurisdiction.

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