CONDITIONS OF SALE
The following Conditions of Sale (the “Conditions”) govern purchases made on www.en.sothebyswine.com.hk (the “Website”). By making a purchase, you acknowledge that you are bound by these Conditions.
In these Conditions:-
- Bordeaux Futures mean wine futures that are available for sale on the Website;
- Collection Period means 7 days from the date of the Confirmation Order of any Ordered Product(s) other than Bordeaux Futures;
- Collection Period for Futures as defined in accordance with the Terms and Conditions for the Purchase of Bordeaux Futures in these Conditions;
- Confirmation Order means written confirmation of your order by Sotheby's Wine which shall be issued to you by email;
- Expected Delivery Date means 3 business days (excluding Saturdays, Sundays and General Holidays within the meaning of the Holidays Ordinance Cap.149) after the date of the Confirmation Order;
- Guarantee means the authenticity guarantee given by Sotheby's Wine in accordance with paragraph 12 of these Conditions;
- Hong Kong means Hong Kong Special Administrative Region of the People's Republic of China;
- HKD means Hong Kong Dollars;
- Ordered Product(s) mean Product(s) that you order on the Website;
- P. O. Boxes mean post office boxes;
- Premises mean 5th Floor, One Pacific Place, 88 Queensway, Admiralty, Hong Kong or Crown Data Centre 1, 6 Kin Fung Circuit, Tuen Mun, New Territories;
- Privacy and Security Policy means the privacy and security policy on the Website;
- Product(s) mean Bordeaux Futures, wine, spirits or other bottled alcoholic beverages;
- Registration Form means the online registration form on the Website;
- Sotheby's Wine means SOTHEBY'S WINE HONG KONG LIMITED, which has its registered office at Level 54, Hopewell Centre, 183 Queen’s Road East, Hong Kong;
- Terms and Conditions of Use mean the terms and conditions of use on the Website;
- Terms and Conditions for the Purchase of Bordeaux Futures mean the terms and conditions for the purchase of Bordeaux Futures as specified in these Conditions;
- Terms mean the Terms and Conditions of Use and the Privacy and Security Policy.
- Property Sold “As Is”. Except for the limited warranty contained in paragraph 12 of these Conditions, and to the maximum extent allowed by law, all Product(s) are sold "AS IS" without any representations or warranties, express or implied, by Sotheby’s Wine as to rarity, importance, provenance, or historical relevance of any Product and no statement anywhere, whether oral or written, whether made on the Website, in an advertisement, a bill of sale or elsewhere, shall be deemed such a warranty, representation or assumption of liability.
- Registration. If you are a first time buyer, you are required to register with Sotheby's Wine before ordering any of the Product(s) on the Website. Sotheby's Wine may refuse to accept or may revoke your registration at any time without reason.
In order to register as a customer of Sotheby’s Wine, you must (i) complete and submit the Registration Form and (ii) warrant that you are aged 18 years or above and (iii) submit to Sotheby’s Wine (by email or facsimile) a copy of proof of age and identity (by providing some form of government issued identification such as a driver’s license, identity card or passport) which proves to the reasonable satisfaction of Sotheby's Wine that you are aged 18 years or above.
It is acknowledged and agreed by you that: (i) all of the information contained in your Registration Form is and shall remain accurate, complete and up to date; (ii) it remains your sole responsibility to safeguard your username and password as allocated to you by Sotheby’s Wine and Sotheby’s Wine may assume that any access to your account with such username and password is by you; and (iii) you shall update Sotheby’s Wine from time to time of any change to the information in the Registration Form provided by you to Sotheby’s Wine.
- Liability for Loss and Damage. All risk of loss and damage to the Ordered Product(s) passes to you (as the buyer) upon receipt of the Ordered Product(s) (please refer to paragraph 11 of these Conditions for further detail). Sotheby's Wine shall have no liability to you for any failure of or delay in delivery of any of the Ordered Product(s) or any breakage or damage to the Product(s) that is caused by any event or circumstances beyond reasonable control of Sotheby's Wine including, but without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- Shipping. All shipping costs (excluding the delivery services provided by Sotheby’s Wine in accordance with Condition 10 of these Conditions), including insurance, are to be paid by you (as buyer) and Sotheby’s Wine does not provide shipping services. If you wish your purchase to be shipped, Sotheby’s Wine may in Sotheby’s Wine’s discretion contract with a third party carrier to ship your purchase. By requesting that your purchase be shipped, you authorize Sotheby’s Wine to engage a common carrier to deliver your Ordered Product(s) on your behalf. All purchases, including shipping, tax and any additional charges, must be paid for in full prior to delivery.
- Non-arrival, Loss and Breakage. If you receive Ordered Product(s) that have been broken during transit, you must notify Sotheby’s Wine in writing within three days of the delivery of the Ordered Product(s). In the event of non-arrival of the Ordered Product(s) on or before the Expected Delivery Date, you must inform Sotheby’s Wine in writing within three days of the Expected Delivery Date. This Condition 5 shall not apply to an order of Bordeaux Futures which shall be governed by the Terms and Conditions for the Purchase of Bordeaux Futures.
- Product Availability, Description and Price. All Products on the Website are subject to availability. If Sotheby’s Wine is unable to supply any Product(s), Sotheby’s Wine will not be liable to you except to ensure that you are not charged for that item and that the purchase price of that item is refunded to you.
- Sotheby’s reserves the right to amend, modify or remove any content from/on the Website (including, without limitation, any Product(s) and the price(s) of any Product(s)) from time to time in its absolute discretion and without giving any reason or any further notice. Before Sotheby's Wine issues a Confirmation Order, Sotheby’s Wine is not responsible for errors and omissions on the Website, advertisements or elsewhere and in the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, Sotheby’s Wine shall have the right to refuse or cancel any such orders.
The price(s) of the Products on the Website are listed in HKD.
- Contract Formation. By placing an order for a Product, you warrant that you are aged 18 years or above. First time buyers are required to register with Sotheby’s Wine in accordance with paragraph 2 of these Conditions.
Your order for the Ordered Product(s) is an offer to purchase from Sotheby’s Wine. There will be no contract of any kind between you and Sotheby’s Wine unless and until Sotheby’s Wine accepts your order by issuing a Confirmation Order to you.
At any point up until Sotheby’s Wine issues the Confirmation Order to you: (i) Sotheby’s Wine may decline to supply the Product(s) to you without giving any reason; or (ii) you may withdraw your offer by email or facsimile. In both cases, Sotheby's Wine reserves the right to charge you administrative charges (if any).
- Payment. Sotheby's Wine accepts payment by American Express/Mastercard/Visa/China Unionpay via such payment gateway as designated by Sotheby's Wine.
Payment will be debited to your credit card account upon issuance of Confirmation Order. You are required to pay in full the total amount of the Ordered
Delivery of Ordered Products may be delayed by credit card authorizations not being confirmed by the respective banks. It is further acknowledged and agreed by you that Sotheby's Wine will not accept any responsibility for any delay of processing your order(s) for any reason(s) thereof.
- Delivery and Collection. Where the delivery address is within Hong Kong (except for the destinations within Hong Kong to which Sotheby’s Wine does not deliver as specified below), Sotheby's Wine shall provide a free delivery service for order(s) of HKD 3,000.00 or more to a single delivery address and in all other circumstances, Sotheby’s Wine shall charge a delivery fee of HKD 350.00 per delivery to a single delivery address.
In the event that Sotheby's Wine has to re-deliver the Ordered Product(s) to you for any reason beyond its control, including, but without limitation, your failure to acknowledge receipt of the Ordered Product(s) at your designated delivery address, Sotheby’s Wine shall charge a delivery fee of HKD350.00 per delivery to a single delivery address.
Delivery services by Sotheby's Wine are not available for any delivery to P. O. Boxes, outlying islands (except as specified below), restricted areas, ports or marinas within Hong Kong or any places outside Hong Kong. For delivery to Lamma Island, Cheung Chau, Peng Chau and Discovery Bay, Sotheby’s Wine may upon request deliver the Ordered Products to Central Ferry Piers at additional delivery fees. For Lantau Island, Airport and Tung Chung, additional delivery fees of HKD 150 shall be charged per delivery exclusive of parking fees and gate charges.
It is your sole responsibility to observe and comply with all applicable regulations and legislation, including, but without limitation, obtaining all necessary customs, import, export or other permits and to complete any required export or import manifest, list or documentation for the Ordered Product(s). Please be advised that the importation or exportation of the Ordered Product(s) may be prohibited by or restricted by any such applicable regulations or legislation. Sotheby's Wine makes no representations or warranties as to whether the Ordered Product(s) are subject to any import or export restrictions or embargoes. The denial of any permit or license shall not justify cancellation or rescission of the sale contract or any delay in payment. Sotheby’s Wine shall not be responsible for any liability arising from any failure to complete or submit the required export or import manifest, list or documentation.
You or your authorized person may collect the Ordered Product(s) to the maximum of 5 cases per collection per order at the Premises during the Collection Period or, for an order of Bordeaux Futures, the Collection Period for Futures. Sotheby's Wine may request you or your authorised person to produce the relevant Confirmation Order or identification documents (including, but without limitation, an authorization letter) before you or your authorized person is allowed to collect the Ordered Product(s).
If you pay the purchase price for the Ordered Product(s) but you or your authorized person fails to collect the Ordered Product(s) within the Collection Period, the Ordered Product(s) will be stored at your risk and subject to Crown Wine Cellars’ Conditions of Services. We reserve the right to charge you storage fees of HKD 400 per month and/or cancel the sale contract and provide a refund to you.
We may also arrange transfer of your Ordered Product(s) to your wine cellar(s) at Crown Wine Cellars upon your request subject to your payment of administrative charges (if any).
- Transfer of Title and Risk. Where the Ordered Product(s) are to be delivered to you, title (and all risk of loss and damage) in such Ordered Product(s) shall be transferred to you upon delivery. Where the Ordered Product(s) are to be delivered to your appointed shipper, title (and all risk of loss and damage) in such Ordered Product(s) shall be transferred to you upon delivery to your appointed shipper. Where the Ordered Product(s) are to be collected by you or your authorized person, title (and all risk of loss and damage) in such Ordered Product(s) shall be transferred to you upon collection by you or your authorised person.
- Authenticity Guarantee. If Sotheby’s Wine sells any wine on the Website which you subsequently show to the reasonable satisfaction of Sotheby's Wine to be “counterfeit”, subject to the terms below Sotheby’s Wine will set aside the sale and refund to you the total amount of the purchase price paid by you to Sotheby’s Wine for such wine, in HKD currency. For these purposes, “counterfeit” means a wine that, in the reasonable opinion of Sotheby's Wine, is an imitation created to deceive as to producer and vintage, where the correct description of the producer and vintage is not reflected by the description on the Website. The Guarantee is provided for a period of twenty-one (21) days from the date of delivery of such wine and is solely for your benefit and may not be transferred to any third party. To be able to claim under this Guarantee, you must (i) notify Sotheby’s Wine in writing (by email or facsimile) within the aforementioned twenty-one (21) day period of the reasons for believing the wine to be counterfeit, specifying the date of purchase and attaching a copy of the Confirmation Order; and (ii) return the wine to Sotheby’s Wine in the same condition as at the date of sale to you and be able to transfer good title to the wine free from any third party claims arising after the date of such sale. Sotheby’s Wine in its sole discretion will decide the validity of any such claim as between Sotheby’s Wine and you. Subject to the above, in the event that Sotheby’s Wine determines that the wine is “counterfeit”, as your sole remedy Sotheby’s Wine will rescind the sale and refund the original purchase price to you. It is specifically understood and agreed that the rescission of a sale and the refund of the original purchase price is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law, or in equity. Sotheby’s Wine shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
- Exclusions and Limitations of Liability. Nothing contained in the Website, brochure or other materials issued by Sotheby's shall constitute an offer on the part of Sotheby's Wine to sell any of the Product(s).
To the maximum extent allowed by law, Sotheby's Wine hereby excludes its liability in contract, tort, pre-contract, representations or otherwise arising from any breach of the terms and conditions (whether express or implied) herein for any indirect or consequential loss, damage or expenses (including, but without limitation to, loss of profits, business or goodwill) howsoever arising out of any breach by Sotheby's Wine under these Conditions and/or the Terms and in no event will the liability of Sotheby’s Wine to a buyer exceed the purchase price actually paid by the buyer. For the avoidance of doubt, nothing in these Conditions shall exclude or limit Sotheby's Wine's liability in respect of any fraudulent misrepresentation made by Sotheby's Wine or in respect of death or personal injury caused by the negligent acts or omissions of Sotheby's Wine.
- General. Should any provisions of these Conditions be held unenforceable for any reason(s), the remaining provisions shall remain in full force thereof.
These Conditions are not assignable by you without prior written consent of Sotheby’s Wine, but are binding on your successors, assigns and representatives. No act, omission or delay by Sotheby's Wine shall be deemed a waiver or release of any of its rights.
The terms and conditions as contained in these Conditions and the Terms set out the entire agreement and understanding between the parties with respect to the subject matter hereof. It is agreed that, save in respect of liability for fraudulent misrepresentation, no party has entered into any contract pursuant to these terms and conditions in reliance on any representation, warranty or undertaking which is not expressly referred to in these Conditions and the Terms.
These Conditions, including but without limitation to the respective rights and obligations of you and Sotheby's Wine hereunder, shall be governed by and construed and enforced in accordance with the laws of Hong Kong. It is agreed by all the parties hereof that the Hong Kong courts shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions relate or apply. Terms & Conditions for the Purchase of Bordeaux Futures.
Bordeaux Futures are offered on a first come, first served basis. Prices include delivery from Bordeaux to Sotheby’s Wine Hong Kong warehouse but exclude onward delivery to your designated address (please refer to paragraph 10 of these Conditions for further details) and any applicable tax. Payment in full for Bordeaux Futures is due upon Sotheby's Wine’s issue of a Confirmation Order. Shipping charges and applicable taxes will be due before delivery. Bordeaux Futures purchases are non-refundable and shall not be cancelled on or after the issue of a Confirmation Order.
Futures are expected to be available for delivery 2 years following the sales (e.g. the 2011 vintage, sold in 2012, will be delivered in 2014). Sotheby's Wine cannot guarantee specific delivery dates which may be impacted by factors beyond our control. Sotheby's Wine will notify you by email once your wines have arrived in our warehouse. Subject to paragraph 10 of these Conditions, wines must be picked up or delivered by the end of 30 days from the date of notice by Sotheby's Wine for collection or delivery ("Collection Period for Futures"). Any wines that are not picked up or delivered within the Collection Period for Futures will be sent to Sotheby's Wine's storage facility and you agree to pay all standard fees, charges and taxes that may apply.
In the event of loss or damage to your wines prior to the delivery of such wines to you, Sotheby's Wine will refund the purchase price paid by you for such wines. You agree that the absolute limit of Sotheby's Wine's liability to you for any such lost or damaged wines will not exceed the purchase price paid by you.
For the purpose of these Terms and Conditions for the Purchase of Bordeaux Futures, "wines" refer to the corresponding Bordeaux Futures under your Confirmation Order that have matured and bottled and are available for delivery.
In the event of any inconsistency between the English and the Chinese versions of these Conditions of Sale, the English version shall prevail.
Last Updated July 2014