Terms and Conditions (Website Usage)
This www.princewines.com.hk (“Website”) is owned and operated by Prince Spanish Fine Wines Limited (“the Company”). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained below and elsewhere on the Website (known collectively as “Terms and Conditions”). By using the Website, you will be deemed to have accepted these Terms and Conditions.
Use of the Website
The Website and its content are made available for your personal, non-commercial use. You are prohibited from using the Website for any purpose that is unlawful or prohibited and you must not engage in any conduct which would impair or interfere with the operation or security of the Website.
The Company may at any time, without assigning any reasons therefor and without prior notice, terminate, restrict or suspend your use of or access to any part or all of the Website, without any liability to you or any other person.
You should not use our Website or purchase any goods or services using our Website, if you are a minor or below the legal age to purchase alcohol.
Copyright and Trade Mark Information
The pages and contents of the Website including but not limited to text, graphics, and icons ("Documents") and the Company's trade name, logo and trade marks are the copyright, designs and trade marks respectively of the Company which retains all right, title and interest in such intellectual property.
No permission or authorisation is granted to you, or anyone acting on your behalf, to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the documents save and except for the downloading and printing of documents for personal record-keeping purposes only . No permission or authorisation is granted to you to use, or permit others to use the Company's icons, site addresses, or any other means to hyperlink other Internet sites with any page in the Website unless specifically permitted by the Company in writing.
Any unauthorised downloading, re-transmission or other copying or modification of the Documents or any use other than that described above is strictly prohibited by law.
Amendment of the Terms and Conditions
The Company may amend the Terms and Conditions at any time without prior notice. Your continued use of the Website after any such amendment constitutes acceptance of the amended Terms and Conditions. If you do not agree to the Terms and Conditions or any revised version of the Terms and Conditions, please do not use the Website.
Anonymous Browsing and Privacy Policy
Visitors to our Website do so on an anonymous basis. We have not configured our Website to collect any information from your computer without your input. This means that unless you voluntarily and knowingly provide us with information, we will not know your identity, your email address or any other personal information which is capable of identifying you as an individual.
The Company will take all reasonable measures to ensure that any information you choose to transmit to it will remain confidential. Please read our Privacy Policy here.
Disclaimers and Liability
The material contained in this Website has been produced by the Company in accordance with its current practices and policies, and with the benefit of information currently available to it. All reasonable efforts have been made to ensure the accuracy of the contents of the pages of the Website at the time of preparation. The Company regularly reviews the Website and where appropriate will update pages to reflect changes in circumstances.
Notwithstanding all efforts made by the Company to ensure the accuracy of the Website, unless otherwise agreed with you, no responsibility or liability is accepted by the Company in respect of any use or reference to the Website, or for any inaccuracies, omissions, mis-statements or errors in the said material (including information regarding the wine and other products, services, pricing or availability), or for any economic or other loss which may be directly or indirectly sustained by any visitor to the Website or other person who obtains access to the material on the Website.
The Company does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content or other material accessible in connection with the Website will be free of computer viruses, bugs or other harmful components.
The Website is provided "as is" without warranties of any kind and the Company disclaims all warranties, whether express or implied, to the maximum extent permitted by law, including but not limited to warranties as to fitness for purpose, non-infringement of intellectual property or proprietary rights or compatibility between the Website and any software or hardware. You accept all risk and responsibility for your use of the Website including the submission of any personal information.
The material on the Website is for general information only and unless expressly agreed with you, nothing in the Website contains professional advice or any binding commitment upon the Company in relation to the availability of the good or services provided by the Company.
You agree to indemnify and keep the Company, its officers and employees indemnified from and against any liability, loss, claim or damage which arises out of or is caused by your breach of these Terms and Conditions and/or your use of the Website.
Cookies
To enhance your experience on our Website, some of our web pages may use "cookies". Cookies are text files that we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally-identifiable information unless you choose to provide such information to us by, for example, registering for one of our services. However, once you choose to furnish the site with your personally-identifiable information, this information may be linked to the data stored in the cookie.
We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalise your experience on our web pages (e.g. to recognise you by name when you return to our site), save your username and/or membership password in password-protected areas, and to offer you products, programs, or services.
Third Party Websites
Our Website may contain links to third parties' websites. These links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by the Company for the linked site or the products or services provided at those sites. Please note that we are not responsible for the content of such sites or for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. You link to any such site at your own risk and we advise you to check the terms and conditions and privacy policies of those other sites before using them and disclosing your personal data.
Occasionally when linking to another site, you may still see our Website's logo or frame. This is to provide you with a seamless experience when visiting our Website. In these cases you are no longer on our Website and you should only link to a third party site if you are willing to accept responsibility for and the risks associated with, use of that site. You will always know what website you are on by checking the location bar within your browser.
Governing Law
These term and conditions are governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
Miscellaneous
In the event of any provision of these Terms and Conditions being found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
These Terms and Conditions are written in the English language and may be translated into Chinese. In the event of any inconsistency between the English version and the Chinese version, the English version shall prevail.
Terms and Conditions (Sales)
1.Terms and Conditions
Please read these Terms and Conditions carefully before placing your order through the Website. The use of the Website and the order of all Goods and Services through the Website, is subject to these Terms and Conditions.
We may amend these Terms and Conditions at any time without prior notice. Amendments will be posted on the Website. Your continued use of the Website or placement of orders through the Website after any such amendment constitutes acceptance of the amended Terms and Conditions. If you do not agree to these Terms and Conditions or any revised version of the Terms and Conditions, please do not use the Website or place any orders through the Website.
2. Definitions
In these Terms and Conditions:-
· "Company", “we”, “us” or “our” means Prince Spanish Fine Wines Limited;
· "Customer", “you” or “your” means any person, firm, company, body corporate or entity who/which places an order with the Company;
·“Goods and Services” means any Wines, other goods and services (including without limitation, the sale of wine event tickets) that may be provided by, or ordered from, the Company;
·“Website” means www.princewines.com.hk, as the same may from time to time be amended and replaced;
·“Terms and Conditions” means these terms and conditions including our Website Usage Terms and Conditions and our Privacy Policy as each may be amended from time to time; and
·“Wines” means any wine, alcohol or spirit that may be provided by, or ordered from, the Company.
3. Product Description & Prices
3.1 The description and prices for the Goods and Services are set out in the Website.
3.2 Prices for Wines are quoted on a per bottle basis, unless otherwise stated. Case discount (if available) are quoted on the basis of an unmixed case of 6 or 12 bottles (as the case may be / it depends on the original packing of case).
3.3 Prices and availability are subject to change without prior notice. A later price list on our Website supersedes any earlier one and prices are subject to unsold stock remaining. The Company will endeavour to keep the information, pricing and availability of stock current, but the Company is not liable for any error or failure to update information, pricing or availability.
3.4 No further discount applies to promotional or case discount items, unless otherwise stated.
4. Your Confirmation
4.1 By registering on or placing orders through the Website for Goods and Services, you irrevocably confirm that:
· you are age 18 years old or above.
· a person aged 18 years or above must take delivery of the Goods and Services or the delivery shall be withdrawn and rearranged at your expense.
· the Goods and Services ordered by you are for private consumption only.
5. Contract
5.1 Any order by you of any Goods and Services using the Website is an offer by you to purchase such Goods and Services from the Company.
5.2 Fulfillment of your order is subject to availability (see section on Availability below). The Company may accept or reject any order (or part thereof) at its sole discretion.
5.3 There is no contract between you and the Company unless and until the Company has accepted your order by the issue of an order confirmation and received payment in cleared funds for the full amount of your order. These Terms and Conditions shall govern and be incorporated into every contract between you and the Company.
6. Availability
6.1 All Goods and Services are subject to availability. Our ability to supply or fulfill your order for Goods is limited by the quantity and bottle sizes of Wines and Goods finally supplied to us by our suppliers. We reserve the right at our discretion to allocate stocks amongst customers in such proportions as we deem fit. Some customers may not be allocated any or may be allocated only some of the quantities that they have ordered.
6.2 If at any time, whether before or after an order has been accepted, Goods and Services are out of stock and/or unavailable for any reason whatsoever, we reserve the right to (a) reject your order; or (b) terminate all or any part of your order, provided that if we reject your order, you will not be charged for such order and if we terminate your order (or a part thereof), we will refund the payment you have made with respect to such cancelled order (or part thereof) to you within 4 weeks of cancellation, without any interest and net of all bank charges and fees.
6.3 The Company is not and will not be liable to you for any loss, damage, claims, costs and expenses whatsoever and howsoever arising in connection with the rejection or termination of any order (or a part thereof).
7. Registration
7.1 You must register online to purchase Goods and Services through our Website.
7.2 By registering on our Website, you irrevocably confirm that:-
· all information provided by you is correct and complete and you will notify us promptly of any change of such information;
· you will safeguard your username and password;
· you will notify us immediately by email at sales@princewines.com.hk if you know or suspect that someone else is using your username and/or password;
·we are authorized to assume that any person placing orders under your username and password is either you or is authorised by you and you will be fully responsible for such orders;
·we may at any time without providing any reason or notice, refuse to accept, cancel, suspend or terminate your registration immediately at our sole discretion; and
·we are not liable for any loss, damage or claims arising from any disclosure or unauthorised use of the username and/or passwords.
7.3 You may terminate your registration on our Website at any time by notice in writing to us at sales@princewines.com.hk. Any suspension or termination of your registration and your right to use this Website will not affect (a) our rights under any contract which has been entered into prior to the date of such cancellation, suspension or termination (unless the same shall have been cancelled, suspend or terminated pursuant to these Terms and Conditions); and (b) our rights against you for antecedent breaches.
8. Cancellation of orders
8.1 You may cancel an order for Wines at any time not later than 12:00 noon, three (3) working day prior to the date of delivery provided such cancellation is sent to us at sales@princewines.com.hk and is received by us before such time.
8.2 An order for Wine accessories and Services may not be cancelled by you after the Company’s acceptance of your order.
8.3 Any amount paid for a cancelled order will be refunded within 4 weeks upon confirmation of cancellation, without any interest and net of all bank charges and fees.
9. Breakages, Shortages, Packaging Issues or Wrong Order
9.1 Please inspect the Goods (including Wines) upon delivery and notify our customer hotline +852 8103 3369 immediately of any breakages, shortages or wrong order. The Company reserves the right to refuse any claim made after such time.
9.2 If you are not present to accept delivery, you may request us to deliver your order to your authorized representative by contacting our customer hotline +852 8103 3369 . However, please note that acceptance of delivery by an authorised representative is entirely at your own risk and neither we nor our delivery company will be responsible for any breakages, shortages or wrong order or for any loss or damage to the Goods arising as a result of delivery to your authorised representative.
10. Return, Refund or Replacement Policy
10.1 Wines are a perishable product and some Wines may deteriorate over time or if not stored under correct conditions. Whilst we take reasonable care when sourcing Wines, our suppliers are responsible for exercising quality control over the Wines and we do not independently test, examine or inspect individual Wines. Accordingly, please note that we do not accept liability for Wines over HK$500 per bottle and/or more than 10 years old.
10.2 If a Wine is corked or defective, please contact our customer hotline +852 8103 3369 immediately on becoming aware of the defect. The Company may at its absolute option, provide a refund or replace the defective Wine, provided that the following conditions are satisfied:
· the defect is caused by the Company or by the supplier or producer and if by the latter, the Company successfully claims the same against the supplier and/or the producer;
· you notify us within 1 day (24 hours) after such bottle is opened, and return the bottle to us with at least two-thirds of the Wine left inside so we can verify its quality;
· you provide to us a valid original receipt for the Wine;
· you purchased such Wine from us within the last 1 month and you are able to show that the Wine was stored appropriately during that period and has not passed its optimum drinking time; and
· such Wine must be below HK$500 per bottle and be less than 10 years old.
10.3 If you require us to collect Goods, a charge of HK$200 will be payable. This charge is refunded if the Wine is found to be defective and a refund or replacement is offered in accordance with Clause 10.2.
10.4 The Company will inspect any alleged defective Goods in good faith but the Company’s decision will be final. If Goods are found to be defective, the Company may at its absolute option, provide a refund or replace the defective Goods. Refunds (if any) will be credited into Customer's credit card account within 4 weeks upon confirmation without interest and net of bank charges and fees.
10.5 No returns shall be permitted for glassware or accessories after the Customer or its authorised representative has acknowledged receipt of the Goods.
11. Risks and Title
11.1 All risk of and title to, the Goods ordered shall pass to the Customer upon delivery, except that if full and final payment has not been received by the Company for any reason whatsoever, the title to such Goods shall remain with the Company until receipt of full and final payment.
12. Wine Event Tickets
12.1 In the event of cancellation of a wine event by a third party organiser or sponsor of such wine event, the Company will, after receipt of refunds from such organiser or sponsor, refund the amount in full (or if only partial refunds have been received by the Company, a pro rata portion thereof), to the Customer as soon as possible, without any interest and net of bank charges and fees.
13. Payment Terms
13.1 We accept payment by Visa and Mastercard only.
13.2 All product prices listed are in HK dollars and credit cards will be debited in HK dollars.
13.3 Payment will be taken in full at the time of ordering.
13.4 Orders may be delayed if credit card authorisation is not given by your bank promptly. You should contact your bank to speed up this process if your order is required urgently.
13.5 The maximum order via our Website is HK$ 30,000 per transaction. Please contact our customer service hotline +852 8103 3369 for any purchase over HK$ 30,000.
14. Delivery
14.1 We offer delivery service to Hong Kong, Kowloon and New Territories commercial and residential addresses only. Delivery is not available to outlying islands, restricted areas, hotel guest rooms and ports. Delivery service to Airport Area, Tung Chung, Discovery Bay and Ma Wan will incur an additional surcharge of HK$ 320 per delivery address. Delivery service to Ma Wan is limited to 10:00am to 4:00pm on weekdays due to restricted access after 4:00pm.
14.2 We deliver within the next 5 working days for orders received and confirmed by noon. Sundays and public holidays are not counted as working days.
14.3 For orders under HK$1,400, a delivery charge of HK$ 80 per delivery address will apply. Orders over HK$1,400 per delivery address are delivered free of charge. Orders will normally be delivered at any time between 10am and 6pm Monday to Saturday (except public holidays). Although we make every effort to require our delivery company to deliver all your goods at the agreed time, we will not be liable if such delivery company shall fail to do so for any reason whatsoever.
14.4 The Company reserves the right to charge for re-delivery of orders which have not been completed due to incorrect address information provided by the Customer or the recipient not being available to accept delivery at the scheduled time slot.
14.5 Delivery service will be suspended when typhoon signal No.8 or above or a black rain warning is hoisted. In such event, you will be contacted to re-schedule delivery time.
14.6 The Company reserves the right to decline delivery of goods to any Customer at our sole discretion.
15. Non-pickup/ non-delivery
15.1 The Company may levy storage charges for purchased Goods which have been made available for collection but have not been collected, or which are ready for delivery but cannot be delivered, in either case, within 15 days of purchase for any reason, including without limitation Customer’s failure to pick up such Goods, failure to notify the Company of any change of address or refusal to take the delivery.
15.2 If the purchased Goods have not been collected or delivered and the storage fees referred to above have not been paid for one month from notification by the Company, then the Company has the right to deal with or otherwise dispose of such Goods (including resale of any Goods) at its absolute discretion, without any further notice to the Customer and without having to account to the Customer any proceeds (if any) arising therefrom. The Company shall have no liability to the Customer in respect of dealing or disposal of such Goods in such circumstances.
16. Third Party Checks
16.1 If you purchase Goods and Services from the Company, we may, but are not obligated to, contact third party organisations to verify the information you have provided to us and to ensure our records are up to date. Such verification may consist of checking your name and address, payment instructions or conducting credit and other checks. Such checks are undertaken to help and protect you and as a means to counter fraudulent activities. They also help to ensure that our mailings and correspondence are being sent to the correct people at the correct addresses. These checks are not infallible and therefore please advise us as soon as possible if any of your details change.
16.2 All information obtained through such checks shall be used by us in accordance with our Privacy Policy (please see section on Privacy Policy).
17. Other Services and Promotions
17.1 We may offer other services and promotions not specifically referred to in these Terms and Conditions. Such services and promotions may be subject to additional terms and conditions which will be notified to you at the time the services and promotions are offered. By ordering such service or promotions, you will be bound by such additional terms and conditions.
18. Force Majeure
18.1 We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control. We will give you notice of any such circumstances as soon as is reasonably practicable.
19. Privacy Policy
19.1 Customers will be required to provide certain personal data in order to register on the Website and purchase Goods and Services through the Website. We collect, use, disclose, process and hold data relating directly or indirectly to any customer, Website user and any other relevant person in accordance with the provisions of the Personal Data (Privacy) Ordinance and our privacy policy, a copy of which is available here. Please read our privacy policy carefully as it contains important information about the data we collect, the purposes for which the data is used and your rights to obtain access to the data collected about you.
20. 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.
21. Miscellaneous
21.1 The Company may exercise or enforce any rights contained in these Terms and Conditions. If the Company fails to, or chooses not to, take any action, it will not be deemed to be a waiver of its right to take such action or any subsequent action in respect of that right or any other rights.
21.2 If any provision in these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect other provisions of these Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
22. Law and Jurisdiction
22.1 These Terms and Conditions are governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
22.2 These Terms and Conditions are written in the English language and may be translated into Chinese. In the event of any inconsistency between the English version and the Chinese version, the English version shall prevail.