Terms and Conditions of Business and Use
In order to buy product or other products from us or use our website you must do so according to these terms and conditions. By registering on the website or purchasing through it you are agreeing to be bound by them.
We may change these from time to time by updating this posting.
1 - Sales and Delivery
1.1 - Delivery - Our delivery options are shown on our 'Delivery' page on Openwines.hk.
1.2 - Availability - Wine is subject to vintage changes. Whilst every effort will be made to supply the vintage ordered, in certain instances we reserve the right to supply an alternative vintage provided the quality is comparable and the cost is no greater to you. This clause does not apply to fine product purchases.
1.3 - Customer satisfaction - If you are dissatisfied with our performance in any way, please contact our customer services department immediately on +852 2332 3173
1.4 - Once your order is ready, Openwines.hk staff will contact you to arrange the delivery or collection. If you do not arrange the collection or delivery within two weeks (unless special circumstances prevent this) then you will be charged HKD1.50 per bottle per month until your order has been delivered or collected. The charges are not prorated.
At Openwines.hk, we aim to deal with all enquiries fairly, confidentially and quickly. We will acknowledge your contact within 24 hours. We try to resolve most issues immediately, but where this is not possible, we will keep you informed about progress until a satisfactory resolution has been achieved. We are continually improving our service, but if you have any particular ideas or suggestions about how we can improve, please send them to: firstname.lastname@example.org.
2 - Prices and payment
2.1 - All prices are quoted in HK$, and may be per bottle or per case, as marked. The prices include sales taxes applicable in Hong Kong, unless otherwise specified. All delivery charges are additional.
2.2 - We accept payment by bank transfer in advance to delivery or collection.
2.3 - Description and price of the goods. We make every effort to ensure that prices and descriptions of goods shown on our website are accurate at the time you place your order. The price of the goods will be as shown on the checkout page of our website when you placed your order. We will charge you this amount. You must also pay a delivery charge for the goods as indicated on our website at the checkout page, unless your order exceeds HK$1,000.00 in which case delivery will be free of charge. Or you may collect any order free of charge from our office in Mongkok. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
3 - Age restriction
3.1 - Under the law, we cannot sell wines/ wine products to anyone who is under 18 years old. By placing an order we need you to confirm that you are at least 18 years old.
3.2 - If you are buying a case of wine / wine products as a gift - the recipient must also be over 18 years old.
3.3 - If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the product is unable to produce appropriate ID, unfortunately our couriers will be unable to leave the product.
3.4 - Once the product has been delivered, according to your original delivery instructions, it becomes the recipient's responsibility.
4 - Cancellations
4.1 - All sales are subject to our final confirmation. All orders received by fax or electronic mail are considered final. No cancellations will be accepted. Prices are subject to change without notice. All wines are offered subject to remaining unsold. Unless stated otherwise, all wines are offered lying in Hong Kong with the exception of en primeur. All goods sold are strictly non-exchangeable and non-refundable. This current list cancels all previous lists.
4.2 - If your order is placed via fax or by email to our sales team, you are required to make payment in full as soon as possible. Goods will not be delivered until full payment is received. If full payment is not received within one month your order will be cancelled.
4.3 - For orders via the phone, we shall send e-mail / fax confirmation. Full payment is required as soon as possible. Goods will not be delivered until full payment is received. If full payment is not received within one month your order will be cancelled.
5 - Returns
5.1 - If some or all of the bottles of product in a case are broken or spoiled when they are delivered you should notify us as soon as possible. All affected bottles will be either replaced or refunded.
5.2 - You must notify us of all products which are due to be returned for any of the reasons stated in this clause within 30 days from delivery of the product. You can call us on +852 2332 3173 or notify us by email to email@example.com.
5.3 - Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed goods.
6 - Intellectual Property Rights
6.1 - You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of this website, and to the business of Openwines.hk , the structure, design and layout of the website, the styles of the products.
6.2 - You are entitled to use our website in accordance with these Terms and Conditions only. You must obtain our prior written consent before you use our website or any part of it in any other manner.
6.3 - All persons, individual and corporate, are prohibited from providing hypertext or other links to the Openwines .hk website, other than to our home page, from their own website or from a third party's website, without our prior written consent.
7 - Warranties
7.1 - We warrant that the products will be of satisfactory quality and fit for their general purpose.
8 - Limitation of liability
8.1 - Nothing in these Terms and Conditions shall exclude Openwines.hk liability for personal injury or death caused by its negligence.
8.2 - We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
i. loss or damage was not foreseeable to both parties when the contract was formed;
ii. loss or damage was not caused by any breach on the part of the supplier;
iii. loss or damage relates to business and/or non-consumers.
8.3 - Subject to 9.1 we will not be liable for loss or damage caused by the customer handling the product. In particular we will not be liable for spillages or breakages.
8.4 - Customers should also be aware of the following inherent risks and warnings:
i. Alcohol should be consumed in moderation.
ii. A case of product is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.
iii. Red product in particular may cause staining if spilt so extra care should be taken.
iv. Sparkling products and champagnes can be volatile due to the build up of gas so extra care should be taken when opening and storing these.
9 - Data Protection
9.1 - By providing your details to Openwines.hk on our web site, you consent to Openwines.hk maintaining, recording, holding and using the information you give Openwines.hk at the time of ordering to process your orders, to improve our service to you and inform you of promotions. All data is collected lawfully and maintained in accordance with all applicable legislation.
9.2 - Openwines.hk Privacy Promise. We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your product to you, e.g. our delivery company. From time to time, Openwines.hk may send information about discounts, free stuff and personalised offers, including many exclusive deals, unless you have told us not to do so by ticking the 'opt out' box on our registration page or on the communications preferences section of Account Details.
9.3 - If you opt-out from hearing from Openwines.hk or third parties, you will only be contacted by Openwines.hk if our terms and conditions change, but we promise to do so no more than twice a year.
10 - General
10.1 - We shall not be liable for any delay in delivering your product if that delay or failure is caused by circumstances beyond our control such as, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
10.2 - Openwines.hk may change or add to these terms and conditions for security, legal or regulatory reasons. We will not use this right to vary the terms of any special offer that applies to you.
10.3 - No contract exists between you and us until we notify you that we have accepted your order and goods delivered / collected.
10.4 - Relevant Hong Kong law will apply to these terms and conditions and the relevant courts of Hong Kong will have exclusive jurisdiction.