Terms and Conditions 條款及細則
1.1 Wine Peers Company (the “Company” or “Wine Peers”) has all the right of this website (the “Website”); no one can copy and/or imitate all the designs and information, including all images, photos, and content (“information”). Wine Peers reserves the right to withdraw or amend any information in the Website without prior notice. Customers are responsible to check our Website regularly. The use of this Website and the products and services available through this Website are subject to the following terms, conditions, and notices (the “Terms and Services”).
1.2 Our Company will not be liable for any reason this Website is unavailable at any time or for any period.
2.1 Our Company is committed to protecting the privacy of our site visitors and customers. Our Company will not sell your name, address, e-mail address, or personal information to any third party without your permission except where it is part of providing a service to you, such as arranging for a product for you.
3.1 It is illegal to sell alcohol to people under the age of 18. By placing an order through Wine Peers, you confirm that you are of 18 years of age or above. You shall ensure that no person shall use your name to purchase alcohol products (the “Products”) and a person aged 18 or above (identification required) must be present to collect the Products or collection of Products will be refused.
3.2 You must not misuse this Website. You will not and are prohibited to:-
(a)commit or encourage a criminal offence;
(b)transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c)hack into any aspect of the Information, corrupt data, cause annoyance to other users;
(d)infringe upon the rights of any other person’s proprietary rights;
(e)send any unsolicited advertising or promotional material, commonly referred to as “spam”; and
(f)attempt to affect the performance or functionality of any computer facilities accessed through this Website.
The Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
3.3 Our Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may affect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it.
4 Intellectual Property, Software and Content
4.1 The intellectual property rights in all software and content made available to you on or through this Website remains the property of the Company or its licensors and are protected by copyright laws and treaties. The Company and its licensors reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
5 Submission of material
5.1 By submitting any material to us, you automatically grant the Company the perpetual, exclusive right and licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or incorporate it in other works in any form, media, or technology now known or later developed.
5.2 In certain circumstances, the Company may also share your contribution with trusted third parties.
5.3 By submitting any material to us, you agree to use the Website in accordance with the Terms of Services.
6 Terms of Sale
6.1 By placing an order you are offering to purchase a Product on and subject to the Terms of Services.
6.2 All orders placed by you are subject to availability of the Products and final confirmation of our Company.
6.3 Confirmation and Payment of Products
(a)When you confirm your order, you may pay for the ordered Products prior to the delivery of products (Account details and payment method can be found on our Website). Nonetheless, your order is subject to the Company’s confirmation pursuant to Clause 6.3(b) below.
(b)When the Company confirms the details of your order and the availability of the ordered Products, you will receive a confirmation e-mail confirming the receipt of your order (“Confirmation Email”). All orders are subject to the Company’s confirmation through the Confirmation Email. If you have already paid for the ordered Products pursuant to Clause 6.3(a) above yet the Company subsequently discovers an error in the placed order before any Confirmation Email is sent, you shall receive a full refund of the amount paid pursuant to Clause 6.3(a) above.
6.4 Pricing and Availability
(a) 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 the Company’s acceptance at its sole discretion and stock availability. If our Company discovers an error in the price of any Product which you have ordered our Company will inform you of this as soon as possible and give you the option either to reconfirm your order at the correct price or to cancel it. If our Company is unable to contact you, our Company will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund.
(b) The Company shall make every effort to ensure Products displayed on the Website are in stock. 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 is unavailable. In the event that our Company is unable to fulfill any of the Products or services in your order our Company will notify you by phone or email.
(c) If our Company for any reason cannot provide the stock after you have paid, the payment will be returned fully to you. The Company will not compensate for any losses caused.
6.5 Collection and Examination of Products
(a)The Company shall send a receipt (the “Receipt) to you after the Company confirms your payment has been received.
(b)If you wish to pick up the ordered Products at our Company’s office, you are required to provide and show your identification document to our Company’s staff when you collect the ordered Products in our Company’s office, otherwise our Company is entitled not to deliver the ordered Products to you.
(e)Our 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, labor difficulties, equipment failures, or any other causes beyond the control of our Company.
(f)It is your responsibility to notify our Company immediately of any change to your contact details.
6.6 Title and payment
(a)All risks in the Products shall pass to you upon collection but title to all Products supplied shall remain with the Company until all sums due are paid in full. The Company has the right to retrieve any sold Products if full payment is not received.
(b) Our Company accepts payment by bank transfer and crossed bank cheque only. All product prices listed are in Hong Kong dollars.
(c)The Company may from time to time set credit limits for individual customers and the Company reserves the right to limit sales including the right to decline sales to any customers.
7 Disclaimer of Liability
7.1 The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, the Company hereby expressly excludes all conditions, warranties and other terms which might otherwise by implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost or procurement of substitute goods and services, arising out of or related to the use, performance, or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the Company’s liability for death or personal injury arising from its negligence, nor for fraudulent or negligent misrepresentation, which cannot be excluded or limited under applicable law.
8 Linking to this Website
8.1 You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
9.1 You agree to fully and irrevocably indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents and affiliates, from any of all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
10.1 The Company shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Information and/or any page of this Website.
11.1 If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
12.1 No failure or delay by our Company in exercising any right, power or remedy under this Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by any party of any breach by the other party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof. If at any time any provision of this Terms of Service is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Contract shall not be affected or impaired thereby.
13 Governing Law and Jurisdiction
13.1 This Terms of Service shall be governed by the laws of the Hong Kong and the parties agree to submit to the jurisdiction of the Hong Kong courts. The Company may revise this Terms of Service at any time without prior notice. If any dispute arises, the determination of the Hong Kong courts shall be final. Where this Terms of Service are available in Chinese and English, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
14.1 You agree that our Company is absolutely entitled to amend and/or supplement the above Terms of Service at our Company’s sole discretion from time to time.