TERMS AND CONDITIONS
Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business.
My Wine Guy Limited ("MWG") owns and operates this website (https://mywineguy.hk). This document governs your relationship with https://mywineguy.hk (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. MWG will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or to this entire Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by us and over which MWG has no control. MWG accepts no responsibility for any loss or damage that may arise from your use of Linked Sites. Your use of the Linked Sites will be subject to the terms and conditions of use contained within each of this site.
(a) You must be 18 years old or over and must complete the registration procedure to order on our website. No one below 18 is authorized to enter any personal information on this Website; should we learn that any person below 18 has registered or ordered through this Website we will immediately suppress any information related to this person. Please inform us immediately should you happen to hear that a person below 18 has registered on or ordered from our website.
(b) To complete your order, you must supply us with your email address, your name and full address, your telephone and mobile phone number and any other information which would help our delivery team to locate you at the time of delivery.
(c) You must review and update this information before placing an order on this Website. It is your responsibility to ensure that the delivery details We have for you are current and accurate.
(d) Upon registration, you will be asked to create a password. This password is confidential and you are responsible for keeping it secure. You must notify Us immediately of any unauthorised use of your login and/or password.
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
You need to provide some personal information to register successfully:
(a) Your email address will be your login name. We will use it to send you confirmation of your order and payment and we may use it to contact you about your order or delivery.
(b) Your name and full address will be used to identify and locate you at the time of delivery.
(c) Your telephone number or mobile phone number can be used to give you information about your order or delivery.
(d) We will keep record of this information and of purshases for your convenience:you won't need to re-enter it each time.
(e) The information you provide to us is confidential and protected. We only keep it to process your orders and deliver your goods and we keep it secure.
(f) You will be able to see and amend the information you have provided to us at any time by checking your account on this Website.
(a) A cookie is a small text file containing information which can be placed on your computer's or mobile device's hard drive.
(d) If you prevent cookies from being placed on your device, you will still be able to order after you register your details.
(e) You will be able to visit our website without providing any personal information. However, if you wish to order online, you will have to register as mentioned in “Registration”.
(f) In any case, cookies will not store personal information about you.
Terms of Sale:
By placing an order, you agree to the following terms and conditions:
(a) General: All orders are subject to availability and confirmation of the price. Dispatch times may vary according to availability and be subject to delivery service delays or force majeure both of which are outside our responsibility.
In order to contract with https://mywineguy.hk, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Us. http://mywineguy.hk retains the right to refuse any request made by you. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to Us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the purchase. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Photos shown on our website might differ from actual products; descriptions prevail.
(b) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(c) Pricing and Availability
Whilst we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you choose the option to cancel and you have already paid for the goods, you will receive a full refund. If we are unable to contact you we will treat the order as cancelled.
Delivery costs are normally included in our prices, but for some non-conventional delivery areas, an extra delivery fee will be charged; you will be informed of such additional fees before your order is dispatched and your refusal will cancel your order.
Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Orders & Deliveries:
Once an order is confirmed and paid for, amendments or cancellations are not possible.
Goods are subject to availability; particularly seasonal products. We cannot be held responsible if the goods you wish to purchase are not available. We will always try to supply you with the full quantity that you have ordered.
We deliver to Hong Kong addresses; however, some areas are not covered.
Orders will be delivered based on our Delivery Schedule and you will be informed of the day by email beforehand; if not suitable, free changes can be requested by email or by phone at least 24 hours prior to the delivery. Deliveries are made using the details you specified while registering on our Website; it is your responsibility to make sure your personal data is accurate; otherwise, a re-delivery fee of HK$200 will be charged.
It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery time previously emailed to you. In case, no one is at the address when delivering and no new delivery slot has been arranged (at least 1 day before delivery date), we would leave the box(es) in front of your door or at the Building Management Office at your own responsibility. If these options are not suitable for any reason (location, refusal from Caretaker/Mgt Office), a re-delivery may be scheduled at your cost (HK$200 per re-delivery).
At the time of delivery, you or someone on your behalf MUST inspect the goods. If someone at the delivery address other than you signs for the goods; we would assume this person is authorized by you to do so.
Any missing or damaged goods must be reported to the driver straight away; faulty goods should be returned to the driver and a notification emailed to us at email@example.com. We will not be responsible for any loss or damage caused to the goods after the contract has been concluded.
Refund requests made are handled on a case by case basis and are issued at our sole discretion. Crediting your account for the amount of the damaged/missing good(s) may take up to two week due to bank procedures; goods must be returned in their original packaging.
Our delivery truck must be able to park not further away than 50 meters from the delivery point.
Delivery addresses without a lift and above 4th floor/level will be charged an extra HK$50 per floor per 10Kgs; stairs to access the building (if any) will be taken into consideration.
Deliveries to boat addresses; we deliver to marinas’ receptions only, not to boats; our responsibility ends up at marinas' reception desks.
Deliveries to outlying islands: we deliver onto ferries from Central ferry piers and Aberdeen piers; our responsibilities ends up once the goods have been loaded on board ferries at Central and Aberdeen.
Deliveries to hotels: we deliver to hotels, but not to rooms; our responsibilities end up at the hotel's Reception Desk, Concierge. Cash payment (to paypal account or similar) can be requested before delivery.
We reserve the right to restrict deliveries in certain areas.
We reserve the right to decline delivery of goods to any customer at our sole discretion absolutely.
You must not misuse this Website. For example, you will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users or to us; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and MWG will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website, or of any website linked to it.
Intellectual Property, Software and Content:
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of http://mywineguy.hk or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by http://mywineguy.hk and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Disclaimer of Liability:
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law http://mywineguy.hk and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Linking to this Website:
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site: nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities, and third party copyright:
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with http://mywineguy.hk and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to http://mywineguy.hk.
You agree to indemnify, defend, and hold harmless http://mywineguy.hk, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
http://mywineguy.hk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. Any change to these Terms of Service will be made within this document.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We work hard to provide exceptional customer service, but recognise that we are not perfect. Please let us know if you have any complaints comments and we are happy to work with you to resolve them.
If you breach these conditions and we take no action, we will still be entitled to exercise our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and http://mywineguy.hk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of http://mywineguy.hk.