Terms and Conditions
Your access to and use of all information on this Website, including any sale and purchase transaction with us, is provided subject to the following Terms and Conditions. By continuing to use this Website and dealing with us, you agree to be bound by these Terms and Conditions as may be changed by Superb Wine Company Limited (‘Superb Wine’, ‘us’, ‘we’, ‘our’) from time to time in our sole discretion without notice or liability to you. We therefore recommend that each time you access our Website and/or enter into a transaction with us, you read these Terms and Conditions.
Our Website services
It is illegal to sell alcohol to people under the age of 18. By placing an order, you confirm that you are 18 years old or above. You shall ensure that no person shall use your login to purchase alcohol products and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time agreed.
Product descriptions and prices
We 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 Superb Wine’s final acceptance at its sole discretion and stock availability.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Order, payment and delivery
- Orders Irrevocable: All orders are irrevocable and cannot be cancelled once submitted. A binding contract for sale incorporating these Terms and Conditions comes into existence when we expressly accept your order.
- Payment: (a) Payment must be made to an account designated by us, and shall be made in full and not in part in relation to each individual order accepted by us. (b) Payment is due within three business days upon presentation of invoice. (c) All payment shall be settled by bank transfer.
- Late Payment: we are entitled to cancel the order, in whole or in part, in the event of late payment and may charge an interest of [LIBOR + 2%] per annum on overdue payments (such interest to accrue from day to day compounded daily and to be payable on demand). We reserve all rights to claim against the customer for all direct and indirect loss resulting from the delay in payment and/or cancellation of order and are entitled to set off such sums from any other payment made by the same customer without having to account, or given notice to the customer. We may refuse to accept any further orders from the customer until such sums have been fully paid.
- Retention of Title: Title of goods will be passed to you upon receipt of clear funds by us. No title will be transferred in the event of partial payment.
- Delivery:
We offer 24-hour free delivery on any business day to a single location most districts in Hong Kong, Kowloon and New Territories (subject to accessibility by our delivery vehicles) for any purchase of HK$5,000 or above. For purchases below HK$5,000, a delivery charge of HK$200 will apply.
For a single location delivery to Tung Chung, HK Airport and Discovery Bay, a delivery charge of HK$500 will apply for purchases above HK$5,000, and HK$700 where purchases are below HK$5,000. Please visit our Contact Us page and contact us for detailed delivery arrangements and delivery to remote islands.
To enjoy our 24-hour delivery service, all orders must be placed, confirmed and paid for by 3:00pm on the preceding business day (Monday through Friday). Where payment is settled on weekends, delivery will be arranged on the following Tuesday.
In the event of Typhoon Signal No.8 or above, Black Rainstorm Warning, or other severe weather conditions (including and not limited to thunderstorm, flooding, land-slipping or hailing), delivery service will be suspended without prior notice. Though the Hong Kong Observatory may later lower the warning/signal, resumption of delivery service is in our absolute discretion. We will notify our clients the estimated time to resume delivery service and reschedule a delivery time. We will not be held liable for any unexpected delay on delivery caused by severe weather conditions stated above, heavy traffic congestion or any unforeseen circumstances beyond reasonable control.
We reserve the right to charge an additional delivery fee if the recipient is not available to accept delivery at the nominated the delivery time.
- Self Pick-up: Products are also available for self pick-up. We will inform you the final collection date, venue, contact details and available time for pick-up as soon as clear funds are received. Any indications of collection dates prior to the final confirmation are estimates only and do not intended to be legally binding. You should give at least two business days’ prior notice for pick-up.
- Condition of Goods: You accept and agree that wine is a perishable commodity that over time can deteriorate as well as improve and that wines are as sold “as is” and no refunds or exchanges will be entertained under any circumstances, including but not limited to the wine being faulty or damaged. It is your obligation to inspect the goods immediately upon receipt and notify us immediately of any shortage or breakage before you leave the pick-up location or before the carrier leaves your premises (whichever applicable); otherwise we shall have the discretion to refuse your claim after delivery. Refund is only available when valid original receipt is provided. Refund charges may apply.
- Risks: All risk of loss or damage to the goods passes to you upon delivery or at your self pick-up.
- Uncollected Goods:
In the event that within two weeks of confirmation of sale, the goods (a) are not collected by you or (b) non-deliverable due to your failure to notify us of your delivery address or refusal to take delivery for any reason, we have the right to charge storages fees for storing the wine. Subsequent pick-up or delivery will be subject to such fees being settled in full.
Where the goods are not collected or are non-deliverable within two months of confirmation of sale, we are entitled to dispose the goods on your behalf. Upon resale, you will receive a credit of the net proceeds less 20% as handling fees and administrative charges. The exercise of this right of resale does not affect our other rights and entitlement to other damages.
- Force Majeure: We shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of us.
Web-user conduct
You may not, and will not allow or cause any third party to decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify this Website, or use the information on this Website to develop functionally similar Website. In addition, as a condition of your use of this Website, you may not (a) restrict or inhibit any other user from using and enjoying the Website or (b) post or transmit any information or software which contains a virus or other harmful component.
External links
The links on the Website may take you to other sites and you acknowledge and agree that we have no responsibility for the accuracy or availability of any information provided by linked Websites. Links to other Websites do not constitute an endorsement by us of such Websites.
Right to terminate access
We reserve the right, with or without reason, at all times to deny your access to the Website or any part thereof immediately and without notice.
Intellectual property
We reserve all intellectual property rights in respect of this Website. Your access to our Website does not license you to use our marks in any commercial way without our prior written permission.
When you visit our Website, we give you a limited licence to access and use our information for personal use. You are permitted to download a copy of the information on this Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
The licence to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.
Transmission of information
When you order from us, we require you to provide [your name, address for delivery, your email address and telephone contact details]. We undertake to take due care with this information. However in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
Limitation of liability
All information on this Website is for your general reference only. We do not accept any responsibility whatsoever in respect of such information. In particular, we do not warrant that:
(a) the information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
(b) the information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(c) messages sent through the internet will be free from interception, corruption or loss;
(d) access to the Website will be available or be uninterrupted; or
(e) defects in the Website will be corrected.
In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the information, even if we have been advised of the possibility of such damages. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and in placing an order with us. The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by applicable laws.
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
Indemnity
You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of these Terms and Conditions and/or your use of the Website.
Privacy Statement
For information about our privacy policies and practices and our use of personal information collected in connection with this Website and through your dealings with us, please refer to our Privacy Statement.
Miscellaneous
The illegality, invalidity or unenforceability of any provision of these Terms and Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
No waiver of any breach under these Terms and Conditions will amount to a waiver of any other breach.
These Terms and Conditions shall be governed by the law of the Hong Kong Special Administrative Region of the People’s Republic of China (‘Hong Kong’). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.