These Standard Terms Of Sale are important and they apply to all the orders we accept. They shall govern and prevail over all other terms and conditions, if any, of the purchaser. Once incorporated they will continue to apply to all future transactions unless and until modified by written agreement between us.
1. TIME OF CONTRACT
A contract for sale incorporating these terms comes into existence when we expressly accept your order. The contract is conditional upon goods not having been previously sold by us, and we will notify you without delay should this occur. No variation to an order, contract or these Terms of Sale shall be binding unless expressly agreed by us in writing.
You warrant and represent that any wines or intoxicating liquor is not being purchased by or supplied to a minor.
2. TIME FOR PAYMENT
(a) The price for the goods shall be that set out in the invoice. Payment is due upon the raising of the invoice to you. The price is exclusive of any applicable tax, customs, duties or levies which shall be payable by the purchaser.
(b) Trade Customers within or outside Hong Kong may apply for credit accounts subject to our written approval. Export orders for Trade or non-account customers must be paid in full before release.
(c) Late payments attract interest at 5% above the Hong Kong Monetary Authority (HKMA) Base Rate from the due date until payment is received, subject to applicable law.
3. RETENTION OF GOODS PENDING PAYMENT
(a) We will retain title in all goods sold by us until all sums due or to become due to us from the purchaser in respect of any order have been paid. This will include goods held to your account in bond but will not include goods for which we have been paid in full and which are in your personal physical possession. Risk in goods passes to you as soon as we inform you that the goods available for collection/delivery are identified by us to meet your order.
(b) Until such time as title to the goods passes to the customer, we reserve the right to inspect goods not in our physical possession and to require the customer to deliver up those goods to us
In the event of failure to deliver up goods upon reasonable written notice, we may apply to a court of competent jurisdiction for an order of repossession.
(c) Deliveries and/or collections may be suspended by us if any sum is outstanding.
4. DELIVERY
Goods are sold for collection from our warehouse. We will let you know shortly in advance of the expected time of availability, and you must give at least 48 hours ' notice of collection. Indications of delivery dates prior to that are estimates and not intended to be contractually binding.
We may, at your request and expense, and as your representative, arrange transport for delivery, but we accept no liability for any failure on the part of carriers. If goods are not collected or delivered within three months, we will be entitled to charge you a reasonable storage and administration charge.
5. ACCEPTANCE OF GOODS
It is your obligation to inspect goods immediately upon receipt and notify either ourselves or the carrier immediately of any shortage or damage.
Notification of shortage or damage must be made within a reasonable time after delivery and in any event not later than seven days after receipt. This clause does not affect your statutory rights under the Sale of Goods Ordinance (Cap . 26).
6. FAILURE TO PAY OR TAKE DELIVERY
(a) If payment is not made within four weeks of the due date or if goods have not been collected within three months of notification of their availability or if there is an earlier indication that payment will not be made or goods will not be collected, we will send you written notice to the invoice address of our intention to dispose of the goods. If you do not object in writing within ten days of the dispatch of such notice, accompanying such objection with payment in full or, where appropriate, confirmed arrangements for collection, we will be entitled to resell the goods by a method entirely in our discretion.
(b) Upon resale, you will receive a credit of the net proceeds (if any) less any unpaid purchase price and our reasonable costs and expenses (Including resale, storage, and administrative costs). Any balance outstanding shall remain payable and shall continue to carry interest as set out in Clause 2 (c).
The exercise of this right of resale does not affect any other right we may have.
7. FORCE MAJEURE
We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control, provided that we use reasonable efforts to perform such obligation as soon as practicable.
8. QUALITY AND ATTRIBUTES
Whilst we make every effort to ensure the proper storage of goods in our possession and will act in good faith in purchasing goods, except as provided under applicable law, we are not responsible for the condition of goods or whether they show any attributes which might be expected.
Where wines supplied are found to be undrinkable or defective within a reasonable period, we will, in good faith, offer replacement or refund in accordance with your rights under the Sale of Goods Ordinance (Cap. 26). We reserve the right to inspect or require the return of defective wines for further checking.
9. PERSONAL INFORMATION
You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks.
Your Personal Data will be collected, used, and disclosed in accordance with our Personal Information Collection Statement and the Personal Data (Privacy) Ordinance (Cap. 486). We will not disclose your data to any third party without your prior consent unless permitted by law.
10. LAW
This contract shall be governed by and construed in accordance with the laws of Hong Kong. The courts of Hong Kong shall have non-exclusive jurisdiction to resolve any disputes arising out of or in connection with this contract.