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TERMS AND CONDITIONS OF SERVICE

Welcome to the internet site of Horseman Wine.  Please note that your use of this www.horsemanwine.com site is subject to the following terms and conditions.  If you do not agree with any of these terms and conditions, do not access or otherwise use this www.horsemanwine.com site or any information or materials contained on the site.  Your use of the www.horsemanwine.com site shall be deemed to be your agreement to abide by each of the terms and conditions set forth below.  The terms and conditions may be updated by Horseman Wine from time to time with or without notice to you.  Your continued use of the www.horsemanwine.com site indicates acceptance of any modifications to the terms and conditions.

In these terms and conditions, the "Cellar" will mean Horseman Wine and the "Buyer" will mean any person, firm, company or body which places an order with the Cellar.

General

It is illegal to sell alcohol to people under the age of 18.  By placing an order, the Buyer confirms that he/she is 18 years old or above.  The Buyer shall ensure that no person shall use his/her 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products and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time agreed.

The Cellar shall make every effort to ensure that prices, details and sizes of goods on this website are up to date.  Prices are subject to change without prior notice and all orders are subject to Cellar's acceptance at its sole discretion and stock availability.

The Cellar shall make every effort to ensure goods displayed on the website are in stock.  If from time to time goods become out of stock, the Cellar reserves the right to offer alternative product(s) to the Buyer of similar value and style.

All orders are subject to confirmation of final availability and the Cellar reserves the right to reject the order in the event that any of the products or services requested are unavailable.  In the event that we are unable to fulfill any of the products or services in your order we will notify you by phone or email before your requested delivery date.

Operation and Ownership of the Cellar

The Cellar is operated and owned by South Africa World of Wine (www.sawow.com.hk).  All payments to the Cellar under any purchase transaction shall be made to South Africa World of Wine.  All the responsibilities for goods delivery, refund or whatsoever hereunder by the Cellar will be undertaken by South Africa World of Wine.

Registration

You are required to register before placing any order through this website.  During the registration :

  1. You must provide us with accurate, complete and up to date registration information;
  2. You must safeguard your username and password; and
  3. You authorise us to assume that any person using the site with your username and password is either you or is authorised to act for you.

The Cellar has the absolute discretion to refuse registration of a potential Buyer and to terminate the registration of any Buyer for any reason whatsoever.

You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.

Breakages

The Buyer is requested to examine the goods immediately upon delivery for any deficiencies and/or damages.  Claims (if any) must be lodged to our Customer Service Hotline No.+852 3586 2819 at the time of delivery, otherwise we shall have the discretion to refuse your claim after delivery.

Return of Goods

Returns will not be accepted unless previously agreed or the goods were not ordered or they arrived damaged.  In these cases the Buyer will be refunded by crediting into his/her credit card account an amount equivalent to the price of the returned goods within 4 weeks after the goods have been returned to the Cellar.

Risk

Risk of damage to or loss of the goods shall pass to the Buyer:

  1. In the case of goods to be delivered at the Cellar's premises, at the time when the Cellar notified the Buyer that the goods are available for collection; or
  2. In the case of goods to be delivered otherwise than at the Cellar's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Cellar has tendered delivery of the goods.

Retention of Title

Nothwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, all goods delivered by the Cellar and the title in any goods does not pass to the Buyer until all monies that are outstanding at any time including bank charges, legal fees and collection expenses are paid to the Cellar in full in cash or cleared funds.  In this regard the Buyer grants the right to the Cellar to enter the premises, or in any other premises where the goods are reasonably believed to be stored, without notice, to take possession of the goods.

Payments

Prices are ex-Cellar in Hong Kong dollars.

We accept payment by Visa, MasterCard, American Express, UnionPay and PayPal only.  The upper limit of each purchase on this website is HK$75,000.  For any purchase over the value of HK$75,000, please call our Customer Service Hotline No.+852 3586 2819.

To provide secure online commerce transactions, our payment clearance agent employs Internet's Secure Sockets Layer (SSL) technology.  It encrypts your personal information, including credit card number, name and address, so that it would not be read as the information travels over the Internet.

Your offer to purchase made on www.horsemanwine.com shall be subject to our sole discretion and may not be accepted subject to the availability of stock.  A final and conclusive invoice will be presented to you upon delivery.

The Cellar reserves the right to change the payment terms for any order without prior notice.

Delivery

The Cellar offers FREE delivery (single location only) for purchases of HK$1,000 or above.  For orders under HK$1,000 or with multiple delivery locations, a delivery charge of HK$80 per each location shall apply.

Delivery for orders received between 9:00am and 5:00pm will noramlly be delivered on the 2nd business day after the day of receipt of such order.  Orders received after 5:00pm will be delivered on the 3rd business day after the day of receipt of such order.

The delivery service is available from Monday to Saturday (excluding public holidays) between 10:00am and 5:00pm.  The Cellar reserves the right to charge an additional delivery fee if the recipient is not available to accept delivery at the nominated delivery time.

Delivery service will be suspended when typhoon signal No.8 or above or a black rain warning is hoisted.  In this event Buyers will be contacted to re-schedule delivery time.

Delivery service is limited to Hong Kong, Kowloon and New Territories commercial and residential addresses only.  Delivery is not available to outlying islands, restricted areas (including but not limited to Ma Wan and Discovery Bay), hotel guest rooms, warehouses, ports or marinas.

Delivery service is not available if there is no authorised or legitimate unloading area within 50 meters of the delivery address.

Delivery service of five cases or more is only available to addresses of 2nd floor or above when lift service is available.  In the event of a lift breakdown we will make arrangements to deliver the goods at another time.

If the goods is non-deliverable on the arranged delivery day due to the faults of the Buyer, an additional delivery charge of HK$80 shall be paid by the Buyer for each subsequent delivery.

It is the responsibility of the Buyer to notify the Cellar immediately of any change to their delivery address.

The Cellar reserves the right to decline delivery of goods to any Buyer at its sole discretion absolutely.

Self Pickup

The Buyer may pickup his/her purchase at the office of the Cellar the next business day after the confirmation by the Cellar of such purchase.  The office hours for pickup are Monday to Friday (excluding public holidays) from 10:00am to 5:00p.m.  The office will be closed when typhoon singal No.8 or above or a black rain warning is hoisted.

For security purpose, the Buyer will be required to present his/her personal identity upon collection of the goods.  If the collection is made by a third party, the Buyer has to give an authorisation together with a copy of his/her identity to the collecting party.  The collecting party will alo be required to show his/her identity as well.

Non-Pickup / Non-Delivery

In case of whatever reason the Buyer fails to pickup the goods or the goods is non-deliverable within two weeks from date of purchase, the Cellar has to right to charge a storage fee of HK$2 per bottle per month, in case of wine or spirits, or HK$5 per item per month, in case of other goods, until the goods is either (i) picked up by or delivered to the Buyer or (ii) disposed in accordance with the terms and conditions hereunder.

During the period of storage, the Cellar will not take any responsibility of the change of quality, damage or loss of the goods.  The Buyer shall take out his/her own insurance to cover such risks.

In the event that the goods have not been collected or delivered within one year from the date of purchase, the Cellars has the right, at its option, to dispose the goods without notice to the Buyer.  The Cellar shall have no liability to the Buyer in respect of disposal of the goods in such circumstances.

Mispriced Goods or Services

The Cellar shall have the right to refuse or cancel any orders placed for goods and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors.  The Cellar shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, the Cellar shall immediately issue a credit to your credit card account in the amount of the charge.

Force Majeure

The Cellar shall not be liable for any delay or failure in its 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 Cellar.

Governing Laws

These terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region, the People's Republic of China and the Buyer and the Cellar agree to submit to the exclusive jurisdiction of the Hong Kong courts.  The Cellar may revise these terms and conditions at any time without prior notice.  If any dispute arises, the Cellar's determination shall be final.  Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

 


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