TERMS AND CONDITIONS OF SALE & USE OF WEBSITE
The goods and products include but is not limited to imported wines ("Goods") that Vinoshare Company Limited ("VSL"), a company incorporated in Hong Kong under the laws of Hong Kong, supplies or sells to you on or through its website www.vino-share.com
("Website") and the use of this Website are subject to the following Terms and Conditions :
1. ACCEPTANCE OF TERMS AND CONDITIONS
Purchase of the Goods and use of this Website are expressly made conditional on Customer's agreement to these Terms and Conditions. By using this Website, clicking on the tick box at registration, or placing your orders for purchase, Customers agree to accept these Terms and Conditions and confirm that they are 18 years old or above. VSL reserves the right to update and amend the Terms and Conditions at any time without prior notice, but without affecting purchases that have been accepted by VSL.
2. SALE OF GOODS
Orders for the purchase of the Goods can be made by phone, fax, email, or online and in VSL's marketing campaigns and events. No order or request to share a case of wine (which falls within the definition of the Goods herein) may be canceled by Customers after final confirmation of sale by VSL. Under no circumstance, shall any Goods ordered or requested to share or sold be non-exchangeable nor shall any payment made therefore to VSL be refundable to Customers except as otherwise provided below. VSL shall have the right to cancel any final confirmation of sale where the Goods ordered have been incorrectly priced or shall be unavailable after the confirmation and shall refund all payments made by Customers in case of cancellation by VSL only.
Payment shall be made in Hong Kong dollars and currency and due from Customers to VSL immediately upon the delivery of VSL's invoices for the relevant orders placed by Customers and be made by bank transfer or depositing Customers' cheques into the designated bank account of VSL or using Paypal/Credit Card service with 4% service charge. In the event that Customers default in payment, VSL shall be entitled to charge interest on the amount of money unpaid under the invoices at the rate of 2 (two)% per month and/or cancel the relevant orders for which payment has not been made.
Delivery shall be made within 5 (five) business days (defined as not being public holidays in Hong Kong) after payment in full has been received by VSL. VSL offers delivery to any address in Hong Kong Island, Kowloon, and the New Territories only (but excluding all outlying islands, including but not limited to Lantau Island and any restricted areas in Hong Kong ("excluded areas")). The purchase with a total invoice price of HK$1,000 or above in any single purchase order will also be free of any delivery charge. Otherwise, local delivery (excluding the excluded areas) will be at a delivery charge of HK$150 per purchase order.
5. TITLE AND RISK
Title to and risk in the Goods will pass to Customers on receipt of payment by Customers for the Goods.
6. LIMITATION & EXCLUSION LIABILITY
Returns: Under no circumstance shall VSL accept return of the Goods for whatsoever reason. There will certainly be some discrepancy in terms of the conditions of cases, labels or corks as depicted in the photos posted on this Website and the actual appearance of the Goods delivered to which Customers must give reasonable allowance. Without limiting the generality of the foregoing, VSL shall not accept the return of corked wine and shall only accept bottles of wine with leakage problems not caused by Customers. It shall be a condition precedent that Customers shall examine the Goods immediately upon their delivery and lodge their complaints, including but not limited to damage to the Goods and/or short delivery within 4 (four) hours after delivery before VSL will deal with any such complaints, failing which Customers shall be deemed to have accepted all the Goods delivered.
VSL grants you a limited, revocable, and non-exclusive license to access and make personal use of this Website at your own risk. VSL OR ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF BUSINESS, GOODWILL, REPUTATION, REVENUE, PROFITS, OPPORTUNITY, BUSINESS INTERRUPTION, OR DATA ARISING IN OR IN RELATION TO THESE TERMS AND CONDITIONS, THE USE AND/OR BROWSING OF THIS WEBSITE.
7. INTELLECTUAL PROPERTY RIGHTS & USE
All information available on this Website, including but not limited to trademarks, logos, text, graphics, buttons, icons, images, images or photos of the Goods, website layout design, database, wine tasting notes, marketing materials, and software is the property of VSL or is licensed to VSL for posting on this Website. The intellectual property rights of and in the information, other than those licensed to VSL, shall belong to and be vested in VSL. The information shall only be used for the purpose contemplated by these terms and conditions and any reproduction or redistribution of any of the information not in accordance with Terms and Conditions is expressly prohibited, and may result in severe civil and criminal penalties.
VSL is committing to compliance with the Personal Data (Privacy) Ordinance in the collection, keeping, and use of Customers' information, including but not limited to their names, addresses, telephone numbers, personal information, and orders to and purchases from VSL. Such information shall only be used for the purposes contemplated by these terms and conditions and for marketing and servicing purposes by VSL and shall not be disclosed to any third party with the prior written consent of Customers unless required by law or governmental or regulatory authorities concerned. "Cookies" will be used in order to allow VSL to recognize the Customers when they connect to this Website, in order to facilitate the management of VSL, for statistical or data collection purposes. Customers hereby authorize cookies to be put in place and their use by VSL.
By applying to become a member of this Website, Customers consent to VSL holding, storing, processing, and using the information Customers submit for the purposes contemplated by these Terms and Conditions and for marketing servicing purposes by VSL. While Customers may enjoy any benefits or concessions available to the members of this Website as may be offered by VSL from time to time, Customers shall ensure that the information submitted upon registration shall be updated, accurate and complete. Customers shall keep their passwords to access this Website in strict confidence and not disclose or allow any third party to use the same. VSL may suspend or cancel your registration at its discretion or if it concludes that Customers have been in breach of these Terms and Conditions without prejudice to any antecedent rights or claims of the parties, including any orders accepted by VSL Customers may cancel their registration by written notice to us or by email to firstname.lastname@example.org
10. FORCE MAJEURE
VSL shall not be responsible for damages caused by or defaults in delivery if occasioned by an unforeseeable cause beyond the reasonable control of VSL (including but not limited to strike, lock-out, other forms of industrial action, an act of God, fire, flood, explosion, war, governmental action or inaction or request of governmental authority.).
If any provision(s) of these Terms and Conditions shall be held by a court of competent jurisdiction to be illegal, invalid, void, or unenforceable in whole or in part, then the other provisions and/or the remaining part or parts of the provision in question in these Terms and Conditions shall remain in full force and effect.
12. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in all respects in accordance with the Laws of Hong Kong, and VSL and Customers hereby submit to the jurisdiction of the Hong Kong Courts.