Terms & Conditions

1 General

1.1 Access to and use of this website (the “Website”) and the products and services available through this Website (including but not limited to online purchase) (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). In the Terms of Service, “our Company” or “the Company” will mean Victoria Wine Net Limited. 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.

1.2 The Company and Victoria Wine Cellar Ltd. are separate and distinct companies. You understand and acknowledge that there is no partnership, agency or whatever relationship of any kind between the Company and Victoria Wine Cellar Ltd.

1.3 Access to this Website is permitted on a temporary basis, and our Company reserves the right to withdraw or amend the Services without notice. Our Company will not be liable 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 all of this Website.

1.4 This Website also contains links to other Websites, which are not operated by the Company (the “Linked Sites”). Our Company has no control over the Linked Sites and accepts no responsibility for them or for any loss of damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

2 Privacy Policy

2.1 Our Company’s privacy policy, which sets out how our Company will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3 Prohibitions

3.1 It is illegal to sell alcohol to people under the age of 18. By placing an order, you confirm that you are of 18 years of age or above. You shall ensure that no person shall use your login to purchase alcohol products (the “Products”) and a person aged 18 or above (identification required) must be present to collect the Products or collection of Products will be refused.

3.2 You must not misuse this Website. You will not and are prohibited to:

commit or encourage a criminal offence;
transmit or distribute a virus, Trojan, worm, logic bomb or post 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 Services, corrupt data, cause annoyance to other users;
infringe upon the rights of any other person’s proprietary rights;
send any unsolicited advertising or promotional material, commonly referred to as “spam”; and
attempt to affect the performance or functionality of any computer facilities accessed through this Website.

attempt to affect the performance or functionality of any computer facilities accessed through this Website.

3.3 Our Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may affect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it.

4 Intellectual Property, Software and Content

4.1 The intellectual property rights in all software and content made available to you on or through this Website remains the property of the Company or its licensors and are protected by copyright laws and treaties. The Company and its licensors reserve all such rights. 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.

5 Registration

5.1 You are required to register before placing any order through this Website.

5.2 During the registration, you must:

provide us with accurate, complete and up-to-date registration information;
safeguard your username and password; and
inform our Company immediately of any changes to the information that you provided so that our Company can communicate with you effectively.

5.3 Upon registration through this Website, you are deemed to authorize our Company to assume that any person using this Website with your username and password is either you or is authorized to act for you.

5.4 Our Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.

5.5 Facebook Connect: For users who prefer to log in this way, Victoria Wine Cellar uses Facebook Connect to allow our users to create and log in to their Victoria Wine Cellar account with their Facebook credentials. In this case, Victoria Wine Cellar will exchange certain data with Facebook, such as Device Data, your IP-address and information you provided to Facebook when creating an account with Facebook. This may include a transfer of your personal data to Facebook servers. It is your choice if and to what extent you use the Facebook Sign-In service and what information you provide to Facebook. However, in no case will we exchange health data with Facebook for the purpose of using the Facebook Connect Service.
If you sign up for Victoria Wine Cellar using Facebook, you authorize us to collect your basic profile information from Facebook, such as your name, email address and profile picture. This information is collected by Facebook and is provided to us under the terms of Facebook's privacy policy. You can control the data we receive from Facebook in the privacy settings within your Facebook account.

6 Submission of material

6.1 By submitting any material to us, you automatically grant the Company the perpetual, exclusive right and licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or incorporate it in other works in any form, media, or technology now known or later developed.

6.2 In certain circumstances, the Company may also share your contribution with trusted third parties.

6.3 By submitting any material to us, you agree to use the Website in accordance with the Terms of Services.

7 Terms of Sale

7.1 By placing an order you are offering to purchase a Product on and subject to the Terms of Services.

7.2 All orders placed by you are subject to availability of the Products and final confirmation of our Company.

7.3 Confirmation and Payment of Products

When you confirm your order, you may pay for the ordered Products via PayPal or credit card directly. Nonetheless, your order is subject to the Company’s confirmation pursuant to Clause 7.3(b) below.
When you confirm your order, you may pay for the ordered Products via PayPal or credit card directly. Nonetheless, your order is subject to the Company’s confirmation pursuant to Clause 7.3(b) below.
In the Confirmation Email, you will be provided with details in respect of making payment via telegraphic payment (“T/T payment”) or by a crossed bank cheque. If you choose to make payment via T/T payment, you are required to mail, fax or email the T/T payment confirmation slip to us. If you choose to make payment by a crossed bank cheque, it should be made payable to “Victoria Wine Net Limited” and sent to us by post to the Company’s office. The T/T payment confirmation slip or the crossed bank cheque (as the case may be) should be sent to us within fourteen (14) days after the date of the Confirmation Email. Otherwise, your order shall be deemed cancelled. If you have already paid for the ordered Products pursuant to Clause 7.3(a) above, the Confirmation Email shall only be an official confirmation of your order.

7.4 Pricing and Availability

The Company shall make every effort to ensure that prices, details and sizes of Products on this Website are up to date. Prices are subject to change without prior notice and all orders are subject to the Company’s acceptance at its sole discretion and stock availability. If our Company discovers an error in the price of any Product which you have ordered our Company will inform you of this as soon as possible and give you the option either to reconfirm your order at the correct price or to cancel it. If our Company is unable to contact you, our Company will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund.
The Company shall make every effort to ensure Products displayed on the Website are in stock. All orders are subject to confirmation of final availability and the Company reserves the right to reject the order in the event that any of the Products or services requested is unavailable. In the event that our Company is unable to fulfill any of the Products or services in your order our Company will notify you by phone or email.
If our Company for any reason cannot provide the stock after you have paid, the payment will be returned fully to you. The Company will not compensate for any losses caused.

7.5 Collection and Examination of Products

The Company shall send a receipt (the “Receipt) to you after the Company confirms your payment has been received.
You are required to personally attend our Company’s office to inspect and collect the ordered Products within fourteen (14) days after the date of the Receipt, failing which our Company has the right to levy a storage charge of HK$3.00 per bottle per day (“Storage Charge”). You are required to pay the Storage Charge to our Company when you collect the ordered Products in our Company’s office before you are entitled to collect the ordered Products you ordered.
You are requested to examine the ordered Products immediately upon collection of the ordered Products in our Company’s office for any deficiencies and/or damages. Claims (if any) must be lodged to at the time of collection for a replacement; otherwise you will be deemed to have accepted the ordered Products as satisfaction, and thereafter you will not be entitled to reject the ordered Products nor request for refund for any reason.
You are required to provide and show your identification document to our Company’s staff when you collect the ordered Products in our Company’s office, otherwise our Company is entitled not to deliver the ordered Products to you.
Our Company shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of our Company.
It is your responsibility to notify our Company immediately of any change to your contact details.

7.6 Title and payment

All risks in the Products shall pass to you upon collection but title to all Products supplied shall remain with the Company until all sums due are paid in full. The Company has the right to retrieve any sold Products if full payment is not received.
Our Company accepts payment by Paydollar, credit card, T/T payment and crossed bank cheque only. All product prices listed are in Hong Kong dollars.
The Company may from time to time set credit limits for individual customers and the Company reserves the right to limit sales including the right to decline sales to any customers.

8 Disclaimer of Liability

8.1 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, the Company hereby expressly excludes all conditions, warranties and other terms which might otherwise by 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 or procurement of substitute goods and services, arising out of or related to the 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. This does not affect the Company’s liability for death or personal injury arising from its negligence, nor for fraudulent or negligent misrepresentation, which cannot be excluded or limited under applicable law.

9 Linking to this Website

9.1 You may link to this Website, 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.

10 Indemnity

10.1 You agree to fully and irrevocably indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents and affiliates, from any of 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.

11 Variation

11.1 The Company 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.

12 Invalidity

12.1 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.

13 Waiver

13.1 No failure or delay by our Company in exercising any right, power or remedy under this Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by any party of any breach by the other party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof. If at any time any provision of this Terms of Service is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Contract shall not be affected or impaired thereby.

14 Governing Law and Jurisdiction

14.1 This Terms of Service shall be governed by the laws of the Hong Kong and the parties agree to submit to the jurisdiction of the Hong Kong courts. The Company may revise this Terms of Service at any time without prior notice. If any dispute arises, the determination of the Hong Kong courts shall be final. Where this Terms of Service are available in Chinese and English, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

15 Amendment

15.1 You agree that our Company is absolutely entitled to amend and/or supplement the above Terms of Service at our Company’s sole discretion from time to time.