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Terms & Conditions

Please read these terms and conditions carefully before using the Website and or placing any Order with Platinum Wines Limited (PWL). Any Customer placing an Order with PWL agrees that he/she has read these terms and conditions and that he/she accepts and agrees to be bound by them.


1 Definition
1.1.

In these Terms and the above recitals, the following words and expressions shall have the following meanings:

"Acquisition Date" means the date the Goods are collected by PWL from the seller of the Goods in the country of origin of the Goods.

"Confirmation of Order" means a written confirmation and subsequently an Invoice issued by PWL to the Customer in such form as determined by PWL.

"Customer" means any person firm, company or body contracting with PWL to purchase Goods.

"Force Majeure Event" means an event beyond the reasonable control of PWL including but not limited to any inability or failure of the suppliers of PWL to supply Goods to PWL (including any failure to supply Goods of a prescribed quantity, quality, year of production, packaging and/or at an agreed time) due to strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, change of law of governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm or other natural event to the extent it is beyond the control of PWL.

"Goods" means the ordered product of the type, quantity, quality, year of production and/or packaging details of which are as set out in the Order Form.

"Order" means the placement of an order for Goods by the Customer with his or her personal broker via text or email or through the Website to PWL or such other means as agreed by PWL.

"Privacy Policy" means the privacy policy of PWL posted on Website and as amended by PWL from time to time.

"PWL" means Platinum Wines Limited, a company incorporated in Hong Kong.

"Terms" means the terms and conditions contained herein and all and any of the terms and conditions as amended by PWL and posted on the Website from time to time or specified in the relevant Confirmation of Order and Invoice issued to Customer.

"Website" means the domain name www.platinum-wines.com and any other associated domain names or websites owned and operated by PWL

1.2.

References to “Clauses” are to clauses of these Terms.

1.3.

Headings in the Terms are for ease of reference only and shall not affect the interpretation or construction of the Terms

1.4.

In these Terms words denoting the singular shall include the plural and vice versa, and words denoting one gender shall include all other genders.

2 Provision of Personal Data
2.1.

Irrespective of whether the Customer orders the Goods through his/her personal PWL broker or through the Website, the Customer shall provide to PWL his/her personal data or contact information reasonably required by PWL, subject to the Privacy Policy, to enable PWL to facilitateand proceed the Order. Failing this, PWL shall have the right to refuse or cancel any Order placed by the Customer.

2.2.

If the Customer orders through the Website, the Customer is required to register with PWL through the Website before placing any Order through the Website.

During the registration:
  2.2.1.

the Customer must provide PWL with accurate, complete and up to date registration information as required by PWL;

  2.2.2.

the Customer must safeguard his/her username and password; and

  2.2.3.

the Customer authorises PWL to assume that any person using the Website with his/her username and password is either his/her or is authorised to act for him/her;

2.3.

PWL has the absolute discretion to refuse registration of any person and to terminate the registration of any Customer for any reason whatsoever.

2.4

The Customer must inform PWL immediately of any changes to the information that the Customer provided so that PWL can communicate with the Customer effectively.

3 Ordering of Goods
3.1.

It is illegal to sell alcohol to any person under the age of 18 in Hong Kong. By placing an Order, the Customer confirms and warrants that he/she is 18 years old or above. The Customer shall ensure that no person shall use his/her login and password to purchase alcoholic products through the Website and that a person aged 18 or above (identification required) shall be present to receive the delivery, or delivery shall be withdrawn and attempted at another agreed time.

3.2.

A Customer’s offer to purchase shall be subject to PWL’s sole discretion and subject to the availability of stock. PWL will use its best endeavours to ensure wine and whisky offers over email and on the Website are in stock. If any Goods that the Customer has ordered are not available, PWL may revise the details for the Order sent out to client or cancel the order. A final and conclusive Invoice will be presented to the Customer upon delivery.

3.3.

The Customer acknowledges that PWL is only a seller of the Goods and that PWL may, upon request by the Customer, assist the Customer to set up an account with a wine or whisky storage facility for the storage of Goods and arrange for the delivery of Goods to the facility. The Customer acknowledges that he/it shall be bound by separate procedures, terms and conditions set out by the storage facility in the relevant contract between the Customer and the storage facility and that PWL shall have no obligation to deal with the storage facility for and on behalf of the Customer.

3.4.

The purchase is not effective until PWL issues a Confirmation of Order via email or other means to the Customer and the Customer shall be bound by the Terms herein when a Confirmation of Order in respect of any Order is issued by PWL to the Customer.

3.5.

No Order which has been accepted by PWL by issuance of a Confirmation of Order may be cancelled by the Customer unless agreed by PWL.

4 Price and Payment
4.1.

PWL will make every effort to ensure that prices, details, sizes and other information relating to the Goods on its email offers the Website are up to date. However, prices and other information relating to the Goods are subject to change without prior notice.

4.2.

The price of the Goods and other charges shall be the amount as stated in the Confirmation of Order.

4.3.

Payment for the Goods shall be made by cheque on telegraphic transfer or online credit card payment or other prescribed payment facility as specified on the Order Form or on the Website or such other method as designated by PWL in writing for time to time within [3] days of the issue of a Confirmation of Order.

4.4.

For credit card payment, PWL accepts payment by VISA, MasterCard and American Express only. There is a 3% service charge for any credit card payments on investment grade wines and whiskies. This service charge is what the credit company charges Platinum Wines, which we will need to transfer to client if he/she chooses this form of payment.

4.5.

To provide secure online commerce transactions for purchase through the Website, PWL will use it best endeavours to employ the necessary security technology to safeguard the Customer’s personal data and credit card information. However, PWL does not warrant or guarantee the use of any payment facility through the Website is risk free.

4.6.

The upper limit of purchase on the Website is HK$10,000 per transaction. For any purchase over the value of HK$10,000, the Customer should call our Customer Services Hotline at +852 2537-1696.

5 Refund Policy
5.1.

PWL adheres strictly to a condition code regarding all wines and whiskies. We only source from reputable suppliers and negotiants to ensure provenance and best storage conditions. For any wine or whisky we sell, capsules and labels should be in good condition and in accordance to its respective age. In the case of most older wines, the color should be deemed acceptable.In the event that wines are corked or out of condition for consumption, it will be at the discretion PWL that replacements or refunds be made available, without obligation. We do not purchase US strip-labeled stock or stock that has been shipped back into Europe from Americas or Asia unless otherwise specified or specifically requested.

5.2.

It is the Customer's responsibility to check the condition of any Goods received at the time of delivery.

5.3.

Any return or refund must be raised to PWL within 7 days from the date of delivery.

6 Delivery
6.1.

For wine purchases, PWL may offer free delivery (single location only) for purchases over HK$1500 or than 12 bottles, for whisky purchases over HK$ 3000 or 6 bottles. Delivery time is between 10:00am and 6:00pm. For night delivery between 6:00pm and 9:00pm, an extra delivery charge to be determined by PWL shall apply.

6.2.

The delivery service is available from Monday to Saturday [excluding Sunday and public holidays] between 10:00am and 9:00pm (excluding the first and second days of Chinese New Year), such actual delivery date and time is subject to the operational needs and arrangements to be advised by the Customer.

6.3.

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, hotel guest rooms, ports or marinas.

6.4.

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

6.5.

Delivery service of five cases or more is only available to addresses of 4th 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.

6.6.

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

6.7.

PWL reserves the right to charge an additional delivery fee if the recipient is not available to accept delivery at the nominated delivery time.

6.8.

It is the responsibility of the Customer to notify PWL immediately of any change to their delivery address.

6.9.

If the Customer requests PWL to deliver the Goods to the Cellars and PWL agrees to it, then the Goods are deemed to have been delivered to the Customer when PWL has delivered the Goods to the Cellars at the Customer’s request

6.10.

PWL reserves the right to decline delivery of goods to any Customer at PWL’s sole discretion absolutely.

7 Non-pickup/non-delivery
7.1.

PWL has the right to charge storages fees for storing the Goods in the event that:

  7.1.1.

the Customer fails to pick up the Goods within two weeks when the Goods are available for delivery;

  7.1.2.

the Goods are non-deliverable within two weeks of purchase due to the Customer’s failure to notify PWL of change of address or PWL is otherwise unable to contact the Customer;

  7.1.3. the Customer refuses to take delivery of the Goods.
7.2.

In the event that the Goods have not been collected / delivered and the storage fees referred to above have not been paid for [3 months] from notification by PWL that the Goods are ready, then PWL has the right to dispose of or resell the Goods with no further notice to the Customer. PWL shall have no liability to the Customer in respect of disposal of or sell the Goods in such circumstances and no refund for the Goods shall be made to the Customer.

8 Storage and Collection
8.1.

PWL may use its reasonable endeavours to assist Customer for storage of the Goods in the Cellar upon the Customer’s request. However, the Customer acknowledges and agrees that the Customer shall deal directly with the Cellars for any handlings and/or collection of the Goods unless title in the Goods has not yet passed to the Customer pursuant to Clause 9.2 and still remains with PWL.

8.2.

PWL may assist the Customer to obtain quote and other terms, including storage period, for the storage of the Goods from the Cellars. However, any such information passed by PWL to the Customer shall be subject to confirmation by the Cellars and PWL shall have no liability whatsoever in relation to such information passed to the Customer.

8.3.

Except as otherwise stated under the terms of the Confirmation of Order, and unless otherwise agreed in writing between the Customer and PWL, all prices given by PWL will include: (i) packing and delivery of the Goods from the country of origin to Hong Kong to the Customer; and (ii) insurance for the total purchase price of the Goods from the issue of a Confirmation of Order by PWL up to the delivery of the Goods to the Customer.

9 Title, Risk And Warranty
9.1.

Title in the Goods shall pass to the Customer pursuant to Clause 9.2 and PWL shall not be liable for any risk and loss when title has been passed to the Customer.

9.2.

Notwithstanding the passing of risk in the Goods, or any other provision of these Terms, the title of the Goods shall pass to the Customer on the latter of:

  9.2.1.

the date PWL has received payment in full of the price of the Goods; and

  9.2.2.

the Acquisition Date.

9.3.

The Customer shall be responsible for all risks and losses once title to the Goods have been passed to the Customer. The Customer should take out the necessary insurance on the Goods as appropriate.

9.4.

PWL does not warrant:

  9.4.1.

the quality, drinkability, fitness for use or purpose or freedom from defect or deterioration of the Goods, either at the Acquisition Date or at the time of collection by the Customer;

  9.4.2.

the market value or any appreciation in value of the Goods; or

  9.4.3.

that the Goods comply with any description of the Goods in any marketing materials or packaging or the information on any label or that the Goods comply with any sample.

9.5.

PWL shall not in any circumstances be liable to any person accessing or using the Website or the Customer for any indirect or consequential loss or damage arising from wastage, spoilage or the deterioration of any Goods, the loss of market for reselling the Goods, decline in the value of any Goods or for the damages arising from or attributable to any cause.

10 Privacy Policy
10.1.

Any person using or accessing the Website or any Customer placing an Order is subject to the Privacy Policy posted on the Website and as amended by PWL from time to time.

11 Disclaimers
11.1.

PWL may from time to time provide information to any person accessing or using the Website or the Customer on market trends, price information, valuation guides and commentary on selections of wines and whiskies based on its expertise and experience and information gathered from third parties. Irrespective such information is illustrative only and shall not be deemed to be any representation, warranty, guarantee or recommendation given by PWL to any party. PWL does not guarantee or warrant any content of such information nor shall PWL be responsible for any reliance upon such information.

11.2.

Information posted on the Website or provided in other marketing materials by PWL is current only as at the date of posting or being provided and may no longer be true, accurate or complete when viewed or received by the Customer or any person accessing or using the Website or such marketing materials. All information contained therein may be changed or amended without prior notice and PWL does not undertake to update such information regularly.

11.3.

Any party or the Customer who receives such information from PWL, its employees, agents or consultants is advised to obtain appropriate investment and or professional advice where necessary.

12 Limited Liability
12.1.

PWL shall not be liable to any person using or accessing the Website or the Customer, or be deemed to be in breach of these Terms, by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Goods if the delay or failure arises from a Force Majeure Event.

12.2.

In any event, the liability of PWL for any loss, damage, deterioration, misplacement, destruction, late delivery, non-delivery or unavailability of any Goods payable to the Customer (if any) which is caused by a default and/or negligence of PWL shall be limited to the purchase price which the Customer paid to PWL for the Goods.

12.3.

The Customer shall notify PWL in writing within 14 days after the Customer has or should reasonably have known of such cause of claim otherwise PWL shall not be liable therefore.

13 General
13.1.

These Terms, the Order Form, the Confirmation of Order and any document referred to in these Terms constitute the entire agreement between PWL and the Customer and supersede any previous agreements, correspondence, documents and discussions between the parties relating to the subject matter of these Terms.

13.2.

Any variation of these Terms shall be valid when such variation is posted on the Website by PWL and PWL shall not be required to notify the Customer separately.

13.3.

In all matters relating to these Terms, the Order Form, the Confirmation of Order and any document referred to in these Terms, the Customer warrants to PWL that the Customer is acting as principal and not as agent for any third party.

13.4.

Except where these Terms provides otherwise, the rights and remedies contained in these Terms are cumulative and not exclusive of rights or remedies provided by law.

13.5.

The invalidity, illegality or unenforceability of a provision of these Terms does not affect or impair the continuation in force of the reminder of these Terms.

13.6.

The Customer may assign or transfer his/her rights or obligations under these Terms without the consent of PWL

14 Governing Law
14.1.

These Terms are governed by, and shall be construed in accordance with, Hong Kong law. The courts of Hong Kong have exclusive jurisdiction to hear and decide any suite, action or proceedings, and to settle any disputes, which may arise out of or in connection with these Terms and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Hong Kong.