Terms & Conditions - The Malted Grape

PART I – Retail orders

These terms and conditions are applicable to all retail orders whether placed on this website or otherwise.

IMPORTANT NOTICE: It is illegal to sell alcohol to people under the age of 18. By placing an order, you must confirm that you are 18 years old or above. You must ensure that no other person except yourself shall use your login to purchase alcohol products and a person aged 18 or above (identification required) must be present to take delivery, otherwise delivery shall be withdrawn and attempted at another time to be agreed between you and us.

TERMS AND CONDITIONS FOR RETAIL CUSTOMERS

1. General

In these terms and conditions and the Special Conditions (as defined below) (collectively referred to as the “Retail Terms and Conditions”), “The Malted Grape”, “The Malted Grape Limited” or “we” or “us” means The Malted Grape Limited and the “customer” or “you” means any person, firm, company or body which places an order with us as a retail customer. Please read these terms and conditions carefully before using the website. By using this website or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.

We make every reasonable effort to ensure that prices and details of products on our website are up to date. Prices are subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and subject to stock availability.

We shall make every reasonable effort to ensure product(s) displayed on our website and labelled as in stock are actually in stock. If from time to time we run out of stock, we reserve the right to offer alternative product(s) of similar value and style.

All orders are subject to confirmation of final availability and we reserve the right to reject the order in the event that any of the products or services requested are unavailable.

2. Registration

You are given the option to register as a member when placing an order through our website. During the registration:

You must provide us with accurate, complete and up to date registration information;
You must safeguard your username and password;
You authorise us to assume that any person using the website with your username and password is either you or is authorized to act for you;
We have absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason, with or without cause and without notice.

Please inform us by email of any changes to the information that you provided so that we can communicate with you effectively.

In the event that your account is not used for a specified period, we reserve the right to deem your account to be no longer in use and deactivate your account, and all your accumulated points and/or e-vouchers will be forfeited (where applicable). You may need to reapply for a new account if you wish to make any subsequent purchase on our website.

3. Privacy protection

We are committed to safeguarding the privacy of individuals with respect to personal data. We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. Please refer to our Privacy Policy Statement.

4. Payment

Our website accepts payment by designated credit cards, debit cards or other designated electronic means as specified by us. All product prices listed are in Hong Kong dollars. The applicable price shall be the price listed on our website as at the date and time of purchase. If the price listed on our website at the date and time of purchase is erroneous, we reserve the right to apply the correct price to your order instead and to withhold fulfillment of your order until the outstanding balance has been received by us.

Acceptance of orders is subject to our sole discretion. A final receipt will be issued to you when goods are delivered to your address or collected by you (as the case may be).

5. Others

Force majeure: we shall not be liable for any delay or failure to perform caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.

You shall not assign, transfer or otherwise any of your rights and obligations under these Retail Terms and Conditions to any other third party without our prior written consent.

If any provision of these Retail Terms and Conditions shall be construed to be illegal or invalid, they shall be removed from these terms and it shall not affect the legality, validity and enforceability of the other provisions of these Retail Terms and Conditions.

These Retail Terms and Conditions embody the entire agreement between the parties and they supersede all previous negotiations, representations and agreement between the parties unless otherwise agreed in writing and signed by all the parties.

These Retail Terms and Conditions take effect as modified from time to time and we may revise these Retail Terms and Conditions at any time without prior notice.

If any dispute arises, our determination shall be final. Where these Retail Terms and Conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

These Retail Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region under the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

SPECIAL CONDITIONS (“SPECIAL CONDITIONS”)

These Special Conditions are supplemental to the Retail Terms and Conditions and are applicable to any orders placed on our website. Should there be any inconsistency between these Special Conditions and the above Retail Terms and Conditions, these Special Conditions prevail.

6. Payment terms

Credit cards used for shopping should be valid and under the purchaser’s own name.

Payment is due immediately upon placing an order.

7. Notification for ordering

We only accept orders for delivery in Hong Kong to the specified shipping address.

Placing an order means you agree to purchase products or services in accordance with the Retail Terms and Conditions set out herein. After receiving your order, we will acknowledge receipt of your order. However, it is not an acceptance of your order. We reserve the right to reject any purchase order without giving any reasons. In the event that we are unable to accept your order (for example due to payment issues), we will notify you by phone or email.

If your order is accepted by us, we will confirm with you accordingly and advise the date and time of delivery.

8. Delivery service

Basic delivery charges are waived for orders amounting to HK$500 or above after any applicable discount(s). For orders amounting to less than HK$500, standard delivery charges as determined by us from time to time will apply.

Additional charges may be levied by the delivery company in special circumstances including, but not limited to, delivery to remote areas, after-hours or where the building has no elevator access. We shall endeavour, but are not obligated, to inform you of the applicable additional charges before shipping your order if we are aware of any such special circumstances, and if you do not agree to these additional charges, we reserve the right to cancel your order.

Delivery is only available to addresses located in Hong Kong Island, Kowloon, New Territories, Tung Chung, Discovery Bay and Ma Wan.

Delivery may not be available:

at non-permanent addresses, restricted areas, outlying islands, hotel guest rooms, ports, marinas and warehouses;
at premises above 4th floor of a building which are not accessible by elevator; and
where there are no authorised or legitimate unloading areas within 50 metres of the building of the delivery address.

After your order has been accepted, we will inform you of the expected delivery time and date. Upon receipt of your order, please check whether the order is complete and whether there are any missing/damaged/defective items, then sign and return the delivery note to our courier to confirm your acceptance of goods. Where the goods have been accepted, the order shall be deemed to have been received complete and in good condition. If you have accepted the goods and subsequently noticed that there are any missing/damaged/defective items, you must inform us immediately upon discovery of such, and we reserve the right to decide whether or not to offer any replacement/refund/store credit.

In cases where the delivery is delayed due to hoisting of typhoon signal no. 8 or above or black rain storm signal, we will try our best to arrange the products to be delivered on the next day when the signal has been lowered and delivery services have resumed.

If you fail to receive your ordered products upon the first delivery attempt or you give us an inaccurate or incomplete address, we reserve the right to charge you an additional delivery fee for subsequent delivery(es).

All expected delivery dates and time are estimates only. We shall not be liable for any loss or damage incurred or suffered by the customer as a result of any late delivery.

We reserve the right to charge storage fees in the event that, through no fault of ours, you fail to receive the ordered products within 2 weeks from the date of order confirmation. In such cases, you are required to settle any outstanding fees before you can collect your order.

In case of any dispute, our determination shall be final.

10. Exchange and refund

Subject to the paragraph below, you are entitled to exchange products which are found to be damaged or not in good condition upon delivery. Please contact our customer service department to make arrangements for exchange within 7 days of receipt. Exchanges under other circumstances are not permitted.

We reserve the right not to refund any items costing over HK$500 or where the vintage is over 5 years old if we are not satisfied that the claim for refund is genuine. To assist us in assessing the claim, you are required to keep the damaged or defective item and return it to us for inspection upon request. Our assessment shall be final in all cases.

If we agree you are entitled to an exchange but the product is sold out, we will apply the cost of the product toward another product(s) on our website.

In exceptional cases at our sole discretion, we will refund the amount paid to your credit card bank account.

Original sales receipt, relevant electronic receipt or other satisfactory proof of purchase must be produced to us for the request for an exchange or refund to be approved.

All gift items must be returned together with the returned products. Otherwise the retail value of the gift item will be deducted from the amount refunded.

11. Others

Title to products shall remain vested in us until we receive full payment, and risk shall pass to the customer upon delivery / collection of the product (as the case may be).

For any ordered goods remaining undelivered for 6 months from the date of order confirmation or where storage fees remain unpaid for over 6 months, we reserve the right to dispose of such goods at our own discretion without further notice to you. In such event, we shall not be liable to issue any refund or compensation to you; and we reserve the right to claim against you for the outstanding storage fees.

We shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits or any indirect or consequential loss whatsoever suffered, sustained or incurred by you or by other person arising (directly or indirectly) out of the sale and purchase transaction with you.

These Retail Terms and Conditions shall be governed by the laws of the Hong Kong SAR under the exclusive jurisdiction of its courts.

Part II – Trade customers

TERMS AND CONDITIONS FOR TRADE CUSTOMERS

This Part II is only applicable to trade customers, being any customer who deals with us in the course of business, not as a consumer.

1. General

In these terms and conditions (referred to as the “Trade Terms and Conditions”), “The Malted Grape”, “The Malted Grape Limited” or “we” or “us” means The Malted Grape Limited and the “customer” or “you” means any person, firm, company or body which places an order with us as a trade customer. Please read these terms and conditions carefully before using the website. By using this website or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.

We make every reasonable effort to ensure that prices and details of products on our wholesale pricelist are up to date. Prices are subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and subject to stock availability.

All orders are subject to confirmation of final availability and we reserve the right to reject the order in the event that any of the products or services requested are unavailable.

2. Payment

We accept payment by bank transfer, cash deposit, crossed cheque, and PayMe/FPS. We reserve the right to confirm/deliver orders paid for by cheque only when the cheque has been cleared by our bank. All product prices listed in our wholesale pricelist are in Hong Kong dollars. The applicable price shall be the price listed on the invoice issued to you. If the price listed on our invoice at the date and time of purchase is erroneous, we reserve the right to apply the correct price to your order instead and to withhold fulfillment of your order until the outstanding balance has been received by us.

Acceptance of orders is subject to our sole discretion. A final receipt will be issued to you when goods are delivered to your address or collected by you (as the case may be).

Payment is due on the date stated in the invoice. We reserve the right to apply interest at 2% per month to all payments outstanding after the date stated on the invoice.

3. Delivery and MOQ

Minimum order quantity is 6 bottles. Mixed cases are allowed.

Basic delivery charges are waived for orders amounting to HK$1,500 or above after any applicable discount(s). For orders amounting to less than HK$1,500, a delivery fee of HK$150 will be charged.

Additional charges may be levied by us in special circumstances including, but not limited to, delivery to remote areas, after-hours or where the building has no elevator access. We shall endeavour, but are not obligated, to inform you of the applicable additional charges before shipping your order if we are aware of any such special circumstances, and if you do not agree to these additional charges, we reserve the right to cancel your order.

Delivery is only available to addresses located in Hong Kong Island, Kowloon, New Territories, Tung Chung, Discovery Bay and Ma Wan.

Delivery may not be available:

at non-permanent addresses, restricted areas, outlying islands, hotel guest rooms, ports, marinas and warehouses;
at premises above 4th floor of a building which are not accessible by elevator; and
where there are no authorised or legitimate unloading areas within 50 metres of the building of the delivery address.

All expected delivery dates and time are estimates only. We shall not be liable for any loss or damage incurred or suffered by the customer as a result of any late delivery.

In case of any dispute, our determination shall be final.

4. Others

Title to products shall remain vested in us until we receive full payment for the respective products, and risk shall pass to the customer upon delivery / collection of the product (as the case may be), whether or not title has also passed. Should the products be sold by you while title remains vested in us, title in so much of the proceeds of sale as is required to satisfy your debt to us in respect of the products shall be deemed vested in us until full payment is received.

You shall not assign, transfer or otherwise any of your rights and obligations under these Trade Terms and Conditions to any other third party without our prior written consent.

If any provision of these Trade Terms and Conditions shall be construed to be illegal or invalid, they shall be removed from these terms and it shall not affect the legality, validity and enforceability of the other provisions of these Trade Terms and Conditions.

These Trade Terms and Conditions and the latest Wholesale Pricelist embody the entire agreement between the parties and they supersede all previous negotiations, representations and agreement between the parties unless otherwise agreed in writing and signed by all the parties.

These Trade Terms and Conditions take effect as modified from time to time and we may revise these Trade Terms and Conditions at any time without prior notice.

If any dispute arises, our determination shall be final. Where these Trade Terms and Conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

These Trade Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region under the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.