Terms Of Sales
General Terms and Conditions (“General T&C”)
1. Definitions
1.1 In these terms and conditions, “Vinterra”shall mean Vinterra Wines Limited and the “Customer” shall mean any person, firm, company or body which places any order with Vinterra or has retained the service of Vinterra. By accepting Vinterra’s invoices or quotations or by express reference to these terms and conditions in any documents issued by Vinterra, the Customer acknowledges that the Customer has been advised by Vinterra to read and is deemed as already read these terms and conditions and the Customer unconditionally accepts and agrees to be bound by them.
1.2 Vinterra reserves its sole and absolute rights to make any changes to the General T & C at any time as it deems fit. This current version of General T&C (version August 2016), supersedes all previous versions.
2. Law and Jurisdiction
2.1 All sales and contracts are governed by the laws of Hong Kong SAR.
2.2 Under the laws of Hong Kong SAR, 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 and shall be solely responsible for any legal liability in relation to such order.
3. Sales
3.1 Notwithstanding any prior information provided by Vinterra to the Customer, actual availability of wines, products or services shall be subject to final confirmation of Vinterra. All orders (including written, verbal or electronic order(s)) once submitted by the Customer to Vinterra shall be treated as final on the part of the Customer and no cancellationwill be accepted by Vinterra. Prices are subject to change without prior notice at the full and sole discretion of Vinterra. Unless stated otherwise, all wines are offered lying in Hong Kong. All products sold are strictly non-exchangeable and non-refundable.
3.2 Vinterra reserves the sole and absolute rights to reject the Customer’s order in the event any of the wines, products or services are unavailable at any stage (including after the order was treated as final by Vinterra) for whatever reason. Vinterra shall not be bound to provide any explanation to the Customer or be held liable for any compensation or any direct, indirect, special, incidental or consequential damages arises by reason of such rejection.
4. Monthly Subscription Scheme (“MSS”)
4.1 By subscribing to the MSS, Vinterra shall provide and the Customer shall take the wine or wines recommended by Vinterra on monthly and recurring basis unless otherwise terminated / cancelled by Vinterra or the Customer.
4.2 Vinterra shall not be obliged to provide any wine to the Customer unless the relevant monthly subscription fee has been received in full by Vinterra.
4.3
(a) Any prepayment(s) made by the Customer to Vinterra for the settlement of the monthly subscription fee to the MSS shall be received by Vinterra forthwith as full and final payment to the said subscription fee (not as deposit) and are absolutely non-refundable.
(b) In the event of clause 4.6 below, Vinterra shall be absolutely entitled to retain all such prepaid monthly subscription fees without accountable or refund to the Customer.
4.4 The Customer acknowledges that the purpose of MSS is for the exploration of wine experience from Vinterra’s perspective and by reason of this special purpose the Customer agrees that he will unconditionally accepts any wine(s) provided by Vinterra pursuant to the MSS without objection / rejection.
4.5 Vinterra expressly reserves its sole and absolute rights to terminate the MSS at any time as it deems fit. In the event of such termination, Vinterra shall give prior notice to the Customer and from the date of service of such prior notice Vinterra shall not be obliged to provide the service relating to MSS any further. The Customer shall raise no objection to the decision of Vinterra.
4.6 Vinterra may suspend / terminate the subscription of MSS by any Customer with immediate effect by serving a notice to the Customer if the Customer is in breach of any terms and conditions of the General T & C and/or committed the following acts:-
(a) failure or refuse to pay up any outstanding sums owing to Vinterra;
(b) knowingly or unreasonably refuse to accept delivery of any wines;
(c) committed any act or default by the Customer which may incur any adverse liability (including civil or criminal liability) on Vinterra; or
(d) committed any act or suspected to have committed any act which may possibly affect the goodwill or reputation of Vinterra.
4.7 Subject to clause 4.3(a) above, the Customer may cancel the subscription to MSS by giving Vinterra a 30 days prior notice. The service of prior notice for cancellation shall not prejudice the validity of any pre-existing subscription of wines which had already been reserved by Vinterra from its supplier and/or scheduled to be delivered to the Customer pursuant to the MSS. The Customer shall be bound to proceed with such pre-existing orders without objection / rejection. The Customer shall not be entitled for refund of any prepaid monthly subscription fees.
4.8 Vinterra may at its absolute discretion refuses to offer the MSS to the Customer for any reason.
4.9 All sales in relation to MSS are subject to the terms and conditions of the General T & C.
5. Wine Conditions
5.1 All wines supplied by Vinterra are purchased from sources which Vinterra believed to be reliable. Nonetheless, Vinterra is not in a position to warrant and does not warrant the actual quality or condition of the wines.
5.2 Although Vinterra strives to source wines which are in consumable conditions, the Customer agrees to accept natural variations of ullages, conditions of cases, labels and corks for old wines (defined as wines with vintages of more than five years to current year) and no objection shall be raised by the Customer in respect thereof.
6. Payment
6.1 Payment is due immediately upon issuance of invoice. Unless otherwise stated, payment shall be made by HKD bank transfer or HKD cheque (post-dated cheques are not acceptable) or HKD cashier order or any other payment methods that maybe acceptable by Vinterra at the material time. Please consult a staff of Vinterra for further information.Any order subject to payment by cheque shall only be processed by Vinterra after confirmation of clearance. Please allow three working days for payment to clear before products may be released. Details for payment are provided on the invoice.
6.2 Vinterra shall not be obliged to provide any products or service to the Customer until the relevant payment has been received in full by Vinterra.
6.3 In the event of any overpayment(s) of orders, Vinterra shall reserve sole and absolute rights in regards to the sale proceeds. However, Vinterra will strive to withhold overpayment(s) for one fiscal year as credit against further purchases. Beyond one fiscal year, it is Vinterra's full and sole discretion to handle the sale proceeds as Vinterra sees fit.
7. Delivery
7.1
(a) Vinterra offers a free delivery to any single location on the Hong Kong Island, Kowloon and the New Territories for purchases over HK$2,000. For purchases less than HK$2,000, Vinterra will charge a surcharge based on the location of delivery address.
(b) For deliveries outside of Hong Kong SAR, please consult a member of staff of Vinterra.
(c) Should the Customer require specific collection or delivery instructions, please consult a member of staff of Vinterra.
7.2 Door to door delivery service is only available to address / building with direct lift service available at ground floor. Vinterra may at its discretion to re-schedule the delivery time in the event there is a lift breakdown. If delivery is required to a walk-up apartment, surcharge may apply and but in any event subject to availability of logistic.
7.3 Delivery service will be suspended when typhoon signal No.8 or above or black rain warning is hoisted. Customer will be contacted to re-schedule delivery time.
7.4 It is the Customer’s sole responsibility to ensure a person aged 18 or above (identification required) is present to take delivery, or Vinterra and/or its representatives reserve the right to handle at its discretion.
7.5 All Customers are requested to examine the products immediately upon collection or delivery for any deficiencies and/or damages. Claims (if any) must be logged at the time of receipt of the products, otherwise any breakages/shortfall shall be deemed to have occurred thereafter. All risk in the products shall pass to the Customer upon delivery but Vinterra shall retain title in the products until full payment has been received.
7.6 In the event any wines of the Customer which has not been collected / successfully delivered / the Customer refuses to accept delivery of any such wines within 6 months from the date of invoice, then any such wines which are still in the possession of Vinterra shall be treated as abandoned goods and Vinterra shall be entitled to dispose of all such wines without further notice to the Customer. Vinterra shall have no responsibility owed to the Customer in respect of disposal of the wine in such circumstances and any sale proceeds obtained from the resale / disposal of the wine shall belongs to Vinterra absolutely. This clause is without prejudice to the right of Vinterra to recover any damages / outstanding fees / expenses from the Customer.
8. Storage
8.1 Vinterra offers free storage in Hong Kong SAR of wines for up to two months as of the date of the invoice. Upon the expiration of the said deadline, storage is then charged at $10 per bottleper year, fully payable upon receipt of the Wines. For wines of different sizes or storage of different durations, fees will be calculated on a pro rata basis. It is in Vinterra’s full and sole discretion whether to levy this charge.
9. Third party risks / Liabilities / Force Majeure
9.1 Vinterra shall not be liable for any failure to meet it’s obligations occasioned by circumstances including but not limited to the following:-
(a) Any liability which may arises due to Force Majeure or events which are not within control of Vinterra, including but not limited to acts of god, fire, smoke, fume, moist, flood, accident, equipment failure, machinery failure, electricity failure, internet connection failure, theft, burglary, security system failure, riot, war, government intervention, strikes, labour difficulties, delivery difficulties, etc.
(b) Any risk or liability which may arises due to any act or negligence or omission or default or cancellation or revocation by a third party (including delivery crew unless such delivery crew is / are the staff of Vinterra);
(c) Opinions, estimates and other information (including listed price of products) provided by Vinterra may be changed or withdrawn without prior notice. In no event any recommendations, opinions, information or estimates (including but not limited to valuation opinions or estimates) provided by Vinterra shall be treated as a guarantee or warranty and Vinterra shall not be held liable for the accuracy on such recommendations, opinions, information or estimates. Should the Customer intends to rely on any such recommendations, opinions or estimates, he shall do so at his own risk absolutely and shall be debarred from raising any subsequent claim against Vinterra for whatsoever reason.
9.2 The Customer expressly accepts that Vinterra’s liability (whether in contract, tort or otherwise) (if any) shall in any event be limited to a sum not exceeding the amount paid or payable by the Customer for the goods / service in relation to the relevant invoice(s) issued or to be issued by Vinterra. Should there be any losses / damages / liabilities suffered by the Customer on top of the said amount, the Customer agrees that no claim shall be made against Vinterra by reason of any direct, indirect, special, incidental or consequential loss / damages/ liabilitiesand the Customer agrees to unconditionally release / waive Vinterra from any such loss / damages/ liabilities.
10. Miscellaneous
10.1 Vinterra expressly reserved the rights to change the General T & C at any time without prior notice to the Customer.
10.2 If any dispute arises in respect of the interpretation of any terms and conditions of the General T & C or any other documents issued by Vinterra, Vinterra’s determination shall be final and absolute. The Customer agrees that he will not dispute with the determination of Vinterra.
10.3 The headings herein are inserted for convenience only and shall not affect the construction of the General T & C.
10.4 All references herein to the masculine gender shall include the feminine and the neuter, and singular number shall include the plural and vice versa.
10.5 Where there is more than one person as specified under any invoice or written documents issued by Vinterra to the Customer, they agree to be jointly and severally bound by the provisions of the invoice and the General T & C.