Terms & Conditions

1.0 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.

2.0 Definitions
In these Terms and Conditions:-

• "Company", “we”, “us” or “our” means Click Your Wine 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.clickyourwine.com, 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 (PLEASE REPLACE THE LINK WITH OURS) and our Privacy Policy (PLEASE REPLACE THE LINK WITH OURS), 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.

 

3.0 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 12 bottles (as the case may be).

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.

4.0 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.

 

5.0 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.

 

6.0 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).

 

7.0 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 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 contacting us. 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.

 

8.0 Cancellation of orders
8.1 You may not cancel any order at any time.

 

9.0 Breakages, Shortages, Packaging Issues or Wrong Order
9.1 Please inspect the Goods (including Wines) upon delivery and notify our customer hotline +852 2169-7700 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 3460-4752. 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.

 

10.0 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 5 years old.

10.2 If a Wine is corked or defective, please contact our customer hotline +852 3460-4752 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 12 months 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 5 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.

 

11.0 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

 

12.0 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.  

 

13.0 Payment Terms

13.1 All product prices listed are in HK dollars and credit cards will be debited in HK dollars.

13.2 Payment will be taken in full at the time of ordering.

13.3 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.

13.4 There is upper limit of order via our Website. Please contact our customer service hotline +852 3460-4752 for any bulk purchase.

 

14.0 Delivery
14.1 We offer delivery service to Hong Kong, Kowloon and New Territories commercial and residential addresses only. Delivery is also available to Lantau, Islands District, Tung Chung, Discovery Bay and Ma will incur an additional surcharge. Please call +852 3460-4752 for delivery charge quote.

14.2 We offer 2-day delivery for orders received Monday to Friday by noon. Orders received on Saturday, Sundays or public holidays will be delivered the day following the next working day. Alternatively Customers may request that orders be delivered up to one week after the order is received.

14.3 For orders delivery charge of HK$80 per delivery address each 6 x 750ml bottle will apply. If the Customer wishes to specify a time slot or remote location, the following additional charges per delivery address will apply  

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.

 

15.0 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 90 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 All wines purchased from us may be stored for 3 months at no charge. You are billed HKD$1.5 per month for each 750ml bottle, HKD$3 per month for 1500ml bottle, and so forth. You can secure your wine at a cheaper price for future consumption. Please refer here (PLEASE REPLACE THE LINK WITH OURS) for more information with our storage plan.

15.3 If the purchased Goods have not been collected or delivered and the storage fees referred to above have not been paid for three (3) months 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.

 

16.0 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 below).

 

17.0 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.

 

18.0 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.

 

19.0 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 REPLACE THE LINK WITH OURS) 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.

 

20.0 Miscellaneous
20.1 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.

20.2 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.

 

21.0 Law and Jurisdiction
21.1 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.

21.2 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.