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Terms and Conditions for Online Sale & Purchase of Goods
This page sets out the terms and conditions (“T&Cs”) governing all sales and purchases of goods effected through the online shop operated by Jebsen Beverage Company Limited (“Jebsen”) at www.jebsenfinewines.com (“Website”). Your use of the Website and placing orders thereat shall be deemed to imply your acceptance of the T&Cs. All references in the T&Cs to “we” and “us” shall mean “Jebsen”.
The T&Cs shall be read in conjunction with the “Legal Notice” posted on the Website, which is binding on you (“Legal Notice”). In the event of discrepancy or inconsistency between the T&Cs and the Legal Notice in respect of the sales and purchases of goods effected through the online shop operated by Jebsen, the provisions of the T&Cs shall prevail.
Sales and Purchases
Subject to the T&Cs, we shall sell and you shall purchase, the goods (“Goods”) in accordance with the order you placed through the Website (“Order”).
We shall only accept Orders for delivery within the Hong Kong Special Administrative Region (“Hong Kong”).
We shall sell and deliver the Goods to end user customers only. You agree and warrant that the purpose of the purchase here under is for your personal use as an end user, and not for resale of the Goods (or any part or component thereof) to any third party or otherwise whatsoever. We reserve the right to decline your Orders if we have reasonable grounds to believe that the purchase of the Goods is not for your personal use as an end user.
Our alcoholic Goods are only for sale to adults of the age of 18 or above. By placing an Order, you confirm and acknowledge that you are 18 years old or above. You shall ensure that no person shall use your login to purchase alcoholic Goods and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time agreed.
You may place an Order by filling in the electronic order form available on the Website (“Order Form”). Once an order number is assigned to you after your completion of the Order Form, you are deemed to have confirmed your Order and shall thenceforth, to the fullest extent permitted by the applicable law, neither cancel nor vary the Order howsoever.
Information contained on the Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any goods.
Your placing of the Order shall constitute an offer from you to us to purchase the Goods which shall form the subject of the Order. We shall have sole and absolute discretion to accept or decline the Order without ascribing any reason in respect thereof. We do not guarantee that the goods shown on the Website will be available for sale to you at all times.
In the event that we accept your Order, we shall notify you of our acceptance by way of a written confirmation (“Confirmation”) sent to your designated electronic mail address. The quantity, description and specification (if any) of the Goods set out in the Confirmation shall be final and conclusive evidence of the same. A legally binding contract for the sale of the Goods between you and us shall not be formed unless and until such Confirmation has been issued by us. The Legal Notice, the T&Cs together with the Order and the Confirmation shall constitute the entire agreement and understanding between you and us in relation to the subject matter hereof (“Contract”) and shall supersede and cancel in all respects all previous correspondence, understandings and agreements, if any, between us in respect of the same.
You shall be responsible for ensuring the accuracy of all information provided in connection with your Order, including without limitation, the delivery address and your contact details. We shall not be liable for any failure or delay or otherwise in discharging our obligations and / or performing our duties under the Contract if such default is in any way due to the incomplete and / or inaccurate information provided by you in respect of the Order.
Unless specified by us otherwise, all prices quoted on the Website are in Hong Kongdollars and are subject to adjustment at our absolute discretion at any time and from time to time without prior notice to you.
The purchase price of the Goods (“Price”) shall be the price specified in the Confirmation. Notwithstanding the foregoing, we reserve the sole and absolute right to adjust the Price to reflect any change in the cost of the Goods due to any unforeseen circumstances and / or factors beyond our reasonable control, including without limitation, any foreign exchange fluctuation, currency regulation, change in tax duties / levies, increase in the costs of labour and materials or other costs of manufacture, change in delivery schedule at your request, or belated instructions or failure to supply us with requisite information or instructions on your part.
Unless specified by us otherwise, payment shall be effected in Hong Kongdollars by way of Visa’s or MasterCard’s credit cards.
Payment for the Goods shall be debited from your designated credit card upon our issuance of the Confirmation to you.
Your credit card payment shall be processed by such service provider as we may engage (“Payment Processor”). All payment details entered through the payment gateway of the bank collecting the credit card payment for us shall be encrypted.
We shall not be liable for any loss or damage arising directly or indirectly from:
your failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons during the course of effecting the payment online;
any of your omission to provide accurate information in the course of the online payment process; or
other reasons in connection with the specified mode of payment.
Personal Data and Privacy
We will collect and use the information furnished by you in connection with the Order (“Information”) in accordance with the “Privacy Statement” as posted on the Website and this Clause 4. By furnishing the Information to us, you are agreeing to our use of the Information as set out herein. The Information will at all times be governed by the terms of the Personal Data (Privacy) Ordinance. Please note in particular the following:-
Collection of the Information shall be for the purposes of:
providing you with the Goods in accordance with your Order;
maintaining our records relating to you and your Order, in order that we may provide other services to you (if applicable);
sending you information relevant to your Goods and advertising and promotional materials which may be of interest to you;
determining the amount of indebtedness owed to or by you (if any);
collecting any amounts outstanding from you; and / or
any purposes directly and indirectly relating to any of the foregoing.
We will keep the Information confidential, but we may from time to time provide the Information to:
any governmental or statutory authorities pursuant to statutory or judicial order or in compliance with applicable laws;
any other member(s) or affiliate(s) of Jebsen; and / or
any other person on a need-to-know basis who is under a duty of confidentiality to us, including without limitation, the Payment Processor.
We shall not accept any responsibility or liability whatsoever for any loss or damage suffered or incurred by you as a result of any use or misuse of any of the Information by any third party under whatever circumstances. You acknowledge and agree that your provision of the Information is made entirely at your own risk.
Delivery of the Goods
Subject to Clause 5.2, the Goods will be delivered to you at your designated address (“Delivery Address”) within the Delivery Zone (as defined below) on such date as specified in the Confirmation (“Delivery Date”). Delivery will normally be made between 9:00 a.m. to 6:00 p.m. on a weekday from Mondays to Fridays, or between 9:00 a.m. to 1:00 p.m. on Saturdays (excluding Hong Kong public holidays). For the avoidance of doubt, we will not make any delivery of Goods to any place that falls beyond the Delivery Zone. For the purpose of this Clause 5, “Delivery Zone” shall mean anywhere within Hong Kong to the exclusion of outlying islands, Lantau Island, Ma Wan, Tung Chung, Discovery Bay and restricted area / zone where entry or access thereto requires specific permit or licence and such other place(s) as we may designate from time to time at our discretion (“Excluded Zone”).
In the event that the total price of the Order is HK$1,000 or more and the Delivery Address is within the Delivery Zone, we will deliver the Goods to you free of charge. In the event that the total price of the Order is less than HK$1,000 and the Delivery Address is within the Delivery Zone, we will deliver the Goods to you at a delivery charge of HK$80 per Order. Where delivery of the Goods is to be made to a Delivery Address within the Excluded Zone, such delivery shall be made subject to your payment of a delivery charge as we shall advise.
We reserve the right to revise any terms of the delivery service (including but not limited to the Delivery Zone and the delivery charge) from time to time without prior notice. All delivery charges paid are non-transferrable, non-refundable and non-exchangeable for cash or goods once the Order is confirmed pursuant to Clause 2.4.
We will endeavor to deliver the Goods within 3 Working Days after the date of the Confirmation. Notwithstanding the foregoing, time of delivery of the Goods shall not be of the essence in the Contract and are only our best estimate. We reserve the right to change the Delivery Date from time to time upon service of reasonable prior notice to you, whereupon you shall accept delivery of the Goods on such revised Delivery Date as we may advise. Under no circumstances shall we be liable to you for any delay (howsoever caused) in respect of the delivery of the Goods (whether or not the same has been notified to you). For the purpose of this Clause 5.4, “Working Day” shall mean a day which is not a Saturday or Sunday or a bank or public holiday in Hong Kong.
To protect your interest and as record of delivery, we will require you or your authorized representative, as the case may be, to produce your / his / her original identity card or identification document and written authorization (if applicable) and such other documents as we may require for verification upon delivery. We reserve the right to decline delivery of the Goods in the event that our request hereunder is not duly complied with.
You shall take delivery of the Goods on the Delivery Date or revised Delivery Date, as the case may be. In the event that you fail to take delivery of the Goods as required hereunder and without notifying us at least 48 hours prior to the Delivery Date or revised Delivery Date, we shall be entitled to, without prejudice to our other rights and remedies and at our sole and absolute discretion, store the Goods at such place as we shall determine until the date of actual delivery and claim reimbursements from you for all costs (including but not limited to storage and insurance) and expenses thereby incurred and an administration charge of HK$200 for each subsequent delivery.
Passing of Risks and Title
The risks in the Goods shall pass to you immediately upon delivery of the same at the Delivery Address. Notwithstanding anything contained herein, we shall not be responsible for any damage of the Goods due to any acts, omissions or any acts beyond our reasonable control (including but not limited to fire and water).
Notwithstanding delivery and the passing of risk in the Goods or anything contained herein, the title to the Goods shall not pass until the total price of the Order under which it is ordered has been paid in full.
Return of Defective Goods
We shall be deemed prima facie to have properly performed all obligations under the Contract, and the Goods delivered shall be deemed to be correct and of satisfactory quality, unless notice of fault and the particulars of such fault are given in writing accompanied with the return of the Goods to us within 2 days from the date of its delivery at the Delivery Address. Any claim not made as aforesaid shall be deemed to be waived and absolutely barred except where you can show to our satisfaction that it was impossible for you to comply with such time limit and that you have made the claim as soon as it becomes possible to do so.
In the event that a claim is lodged in accordance with Clause 7.1 and subject to satisfactory proof of fault thereof and your providing to us a valid original receipt or payment proof for the Goods, we shall, at our sole and absolute discretion, either:
replace the Goods free of charge subject to the terms herein, in particular Clauses 7.3 and 7.5; or
refund to you the amount paid for the Goods subject to the terms herein, in particular Clauses 7.4 and 7.5, after your return of the Goods.
Without prejudice to anything contained in the Contract, all costs and expenses arising from the return of the Goods under Clause 7.1 and delivery of the replacement thereof under Clause 7.2(a) (including without limitation, delivery charges, local customs, tariffs and duties) shall be borne by you entirely. If the Goods is replaced pursuant to Clause 7.2(a), you shall be required to either collect the replacement in person or reimburse us for the cost of delivering the same to you.
Refund of payment under Clause 7.2(b) shall be made in such manner as we shall determine at our sole and absolute discretion.
The Goods returned under Clause 7.1 shall be returned in its original unaltered condition and in its original packaging.
We shall inspect any allegedly defective Goods in good faith but our decision thereof shall be final. We shall not refund or replace any Goods that are not faulty or defective or without any error on our part.
Notice of claim and the return of Goods under Clause 7.1 shall be made to us at email@example.com
You acknowledge and agree that wines are a perishable commodity and some wines may deteriorate over time or if not stored under proper conditions, and that notwithstanding Clause 7.1 or any other provisions to the contrary in the Contract, any Goods priced at over HK$750 per bottle and/or aged more than 10 years are sold “as-is” and no refund or replacement thereof shall be permitted under all circumstances, including but not limited to the Goods being defective.
We reserve our sole and absolute right and discretion to decline any claim under this Clause 7. In the event of any dispute hereunder, our determination shall be final and conclusive.
The Contract sets out the full extent of our obligations and liabilities in respect of the Goods and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any conditions and warranties, whether express or implied by statute, common law or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional damages, compensation or indemnification, other than such conditions, warranties and liabilities as are expressly provided for in the T&Cs, are, insofar as and to the fullest extent permitted by law, expressly excluded.
Without prejudice to anything contained herein, our maximum aggregate liability under the Contract, whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you under the Contract.
We give no warranty as to the accuracy of the information contained on the Website and accept no liability arising from any inaccuracy of the information therein contained. Any typographical error, clerical or other error or omission on the Website, any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction at any time without any liability on our part.
No failure or delay by us in exercising any right, power or remedy under the Contract 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 us of any of your breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
We shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to internet system failure), or any other causes beyond our reasonable control.
You shall not assign or transfer any rights or obligations under the Contract to any third person without our prior written consent thereto.
We reserve the right to amend the T&Cs from time to time without prior notice to you.
The provisions contained in each clause of the T&Cs shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, or if the amount or duration (if applicable) mentioned in the provision was reduced or shortened, the provision in question shall apply with such modification, reduction or shortening as may be necessary to make it valid.
The T&Cs as set out herein and any dispute or matter arising from the Contract shall be governed by and construed in accordance with the laws of Hong Kong. Both you and we shall submit to the non-exclusive jurisdiction of the Hong Kongcourts.
If you have any enquiries, please contact our customer service hotline at 3180 3424 between 9:30 a.m. to 5:30 p.m. from Mondays to Fridays. Delivery Hotline: 3757 6519 Availability: Monday to Saturday (except Public holidays) 9am to 9pm.