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Terms and Conditions

1. Terms and Conditions

The SCMP Wine Circle is a collaboration between South China Morning Post Publishers Limited and Kerry Wines Limited. This SCMP Wine Circle website (“Website”) is owned and managed by South China Morning Post Publishers Limited. The Wines and other Goods and Services (as defined below) offered for sale on the Website are provided by Kerry Wines Limited which also attends to order processing and delivery.

Please read these Terms and Conditions carefully before placing your order through the Website. The use of the Website and the order of all Goods and Services through the Website, is subject to these Terms and Conditions.

We may amend these Terms and Conditions at any time without prior notice. Amendments will be posted on the Website. Your continued use of the Website or placement of orders through the Website after any such amendment constitutes acceptance of the amended Terms and Conditions. If you do not agree to these Terms and Conditions or any revised version of the Terms and Conditions, please do not use the Website or place any orders through the Website.

2. Definitions

In these Terms and Conditions:-

  • "Company", “we”, “us” or “our” means Kerry Wines Limited.
  • "Customer", “you” or “your” means any person, firm, company, body corporate or entity who/which places an order with the Company;
  • Goods and Services” means any Wines, other goods and services (including without limitation, the sale of wine event tickets) that may be provided by, or ordered from, the Company;
  • SCMP” means South China Morning Post Publishers Limited;
  • Terms and Conditions” means these terms and conditions including our Website Usage Terms and our Privacy Policy, as each may be amended from time to time;
  • Website” means winecircle.scmp.com, as the same may from time to time be amended and replaced; and
  • Wines” means any wine, alcohol or spirit that may be provided by, or ordered from, the Company.


3. Product Description & Prices

3.1 The description and prices for the Goods and Services are set out in the Website.

3.2 Prices for Wines are quoted on a per bottle basis, unless otherwise stated.

3.3 Prices and availability are subject to change without prior notice. A later price list on our Website supersedes any earlier one and prices are subject to unsold stock remaining. In collaboration with SCMP, the Company will endeavour to keep the information, pricing and availability of stock current, but the Company is not liable for any error or failure to update information, pricing or availability to the extent permissible under law.

3.4 No further discount applies to promotional or case discount items, unless otherwise stated.

4. Your Confirmation

4.1 By registering on or placing orders through the Website for Goods and Services, you irrevocably confirm that:

  • you are age 18 years old or above.
  • a person aged 18 years or above must take delivery of the Goods and Services or the delivery shall be withdrawn and rearranged at your expense.
  • the Goods and Services ordered by you are for private consumption only.


5. Contract

5.1 SCMP Wine Circle is a partnership between SCMP and the Company. Any order by you of any Goods and/or Services using the Website is an offer by you to purchase Goods and/or Services from the Company. There will be no contract of any kind between you and the Company unless and until the Company has accepted your order and debited your credit card for the full amount of the order. At any point up until then, the Company may decline to supply the Goods and/or Services to you without giving any reason, to the extent permissible under law. All Wines or other Goods and/or Services ordered remain the property of the Company until payment is received in full. The Company’s total liability to you for non-delivery of purchased Goods and/or Services is limited to the purchase price of the same.

5.2 Fulfillment of your order is subject to availability (see section on Availability below). The Company may accept or reject any order (or part thereof) at its sole discretion.

5.3 These Terms and Conditions shall govern and be incorporated into every contract between you and the Company. SCMP is not a party to your contract with the Company. All queries, complaints or disputes regarding the ordering, delivery, payment, return, refund, replacement and other matters relating to the Goods and/or Services shall be the sole responsibility of the Company, and SCMP shall not be liable to the extent permissible under law.


6. Availability

6.1 All Goods and/or Services are subject to availability. The Company’s ability to supply or fulfill your order for the Wines or other Goods and/or Services is limited by the quantity and bottle sizes of the Wines or other Goods and/or Services as available. The Company reserves the right at its discretion to allocate stocks amongst Customers in such proportions as it deems fit. Some Customers may not be allocated any or may be allocated only some of the quantities that they have ordered.

6.2 If at any time, whether before or after an order has been accepted, Goods and/or Services are out of stock and/or unavailable for any reason whatsoever, the Company reserves the right to (a) reject your order; or (b) terminate all or any part of your order, provided that if the Company rejects your order, you will not be charged for such order and if the Company terminates your order (or a part thereof), the Company will refund the payment you have made with respect to such cancelled order (or part thereof) to you within 4 weeks of cancellation, without any interest and net of all bank charges and fees.

6.3 Neither the Company nor SCMP is and will be liable to you for any loss, damage, claims, costs and expenses whatsoever and howsoever arising in connection with the rejection or termination of any order (or a part thereof) to the extent permissible under law.


7. 
Registration

7.1 You do not need to register online to purchase Goods and/or Services through our Website. However, by registering online, you do not have to input your personal particulars (including payment charge details) when placing subsequent orders.

7.2 By registering on our Website, you irrevocably confirm that:

  • all information provided by you is correct and complete and you will notify us promptly of any change of such information;
  • you will safeguard your username and password;
  • you will notify us immediately by email at winecircle@scmp.com if you know or suspect that someone else is using your username and/or password;
  • we are authorized to assume that any person placing orders under your username and password is either you or is authorised by you and you will be fully responsible for such orders;
  • we may at any time without providing any reason or notice, refuse to accept, cancel, suspend or terminate your registration immediately at our sole discretion; and
  • we shall take such measures as required under law to prevent any disclosure or unauthorised use of the username and/or passwords.

7.3 You may terminate your registration on our Website at any time by notice in writing to us at. winecircle@scmp.comor by updating your user profile on our Website. Any suspension or termination of your registration and your right to use this Website will not affect (a) SCMP’s and/or the Company’s rights under any contract or terms which have been entered into prior to the date of such cancellation, suspension or termination (unless the same shall have been cancelled, suspend or terminated pursuant to these Terms and Conditions); and (b) SCMP’s and/or the Company’s rights against you for antecedent breaches.


8. Cancellation of orders

8.1 You may cancel an order for Wines at any time not later than 12:00 noon, one (1) working day prior to the date of delivery provided such cancellation is sent to winecircle@scmp.com and is received before such time.

8.2 An order for Wine accessories and Services may not be cancelled by you after the Company’s acceptance of your order.

8.3 Any amount paid for a cancelled order will be refunded within 4 weeks upon confirmation of cancellation, without any interest and net of all bank charges and fees.


9. 
Breakages, Shortages, Packaging Issues or Wrong Order

9.1 Please inspect the Goods (including Wines) upon delivery and notify our customer hotline 2169-7741 immediately of any breakages, shortages or wrong order. The Company reserves the right to refuse any claim made after such time.

9.2 If you are not present to accept delivery, you may request the Company to deliver your order to your authorized representative by contacting our customer hotline 2169-7741. However, please note that acceptance of delivery by an authorised representative is entirely at your own risk and neither we nor our delivery company will be responsible for any breakages, shortages or wrong order or for any loss or damage to the Goods arising as a result of delivery to your authorised representative.


10. 
Return, Refund or Replacement Policy

10.1 Wines are a perishable product and some Wines may deteriorate over time or if not stored under correct conditions. Whilst the Company takes reasonable care when sourcing Wines, its suppliers are responsible for exercising quality control over the Wines and the Company does not independently test, examine or inspect individual Wines. Accordingly, please note that neither the Company nor SCMP accepts liability for Wines over HK$750 per bottle and/or more than 10 years old.

10.2 If a Wine is corked or defective, please contact our customer hotline 2169-7741 immediately on becoming aware of the defect. The Company may at its absolute option, provide a refund or replace the defective Wine, provided that the following conditions are satisfied:

  • the defect is caused by the Company or by the supplier or producer and if by the latter, the Companysuccessfully claims the same against the supplier and/or the producer;
  • you notify the Company within 1 day (24 hours) after such bottle is opened, and return the bottle to the Company with at least two-thirds of the Wine left inside so we can verify its quality;
  • you provide to the Company a valid original receipt for the Wine;
  • you purchased such Wine from the Company within the last 12 months and you are able to show that the Wine was stored appropriately during that period and has not passed its optimum drinking time; and
  • such Wine must be below HK$750 per bottle and be less than 10 years old.

10.3 If you require us to collect Goods, a charge of HK$200 will be payable. This charge is refunded if the Wine is found to be defective and a refund or replacement is offered in accordance with Clause 10.2.

10.4 The Company will inspect any alleged defective Goods in good faith but the Company’s decision will be final. If the Goods are found to be defective, the Company may at its absolute option, provide a refund or replace the defective Goods. Refunds (if any) will be credited into Customer's credit card account within 4 weeks upon confirmation without interest and net of bank charges and fees.

10.5 No returns shall be permitted for glassware or accessories after the Customer or its authorised representative has acknowledged receipt of the Goods.


11. Risks and Title

11.1 All risk of and title to, the Goods ordered shall pass to the Customer upon delivery, except that if full and final payment has not been received by the Company for any reason whatsoever, the title to such Goods shall remain with the Company until receipt of full and final payment


12. Wine Event Tickets

12.1 In the event of cancellation of a wine event by a third party organiser or sponsor of such wine event, the Company will, after receipt of refunds from such organiser or sponsor, refund the amount in full (or if only partial refunds have been received by the Company, a pro rata portion thereof), to the Customer as soon as possible, without any interest and net of bank charges and fees.  


13. 
Payment Terms

13.1 The Company accepts payment by Visa and Mastercard only.

13.2 All product prices listed are in Hong Kong dollars and credit cards will be debited in Hong Kong dollars.

13.3 Payment will be taken in full at the time of ordering.

13.4 Orders may be delayed if credit card authorisation is not given by your bank promptly. You should contact your bank to speed up this process if your order is required urgently.

13.5 The maximum order via our Website is HK$50,000 per transaction. Please contact our customer service hotline2169-7741 for any purchase over HK$50,000.

13.6 For security reasons, please do not send credit card information by e-mail or fax.


14. Delivery

14.1 The Company offers delivery service to Hong Kong, Kowloon and New Territories commercial and residential addresses only. Delivery is not available to outlying islands and restricted areas, including Peng Chau, Cheung Chau and Lamma Island – except Airport Area, Tung Chung, Ma Wan and Discovery Bay, where a surcharge of HK$250 per order applies. Delivery service to Ma Wan is limited to 10:00am to 4:00pm due to restricted access after 4:00pm.

14.2 The Company offers next day delivery for orders received Monday to Friday by noon. Orders received on Saturday, Sundays or public holidays will be delivered the day following the next working day. Alternatively, Customers may request that orders be delivered up to one week after the order is received.

14.3 For orders under HK$1,400, a delivery charge of HK$80 per delivery address will apply. Orders over HK$1,400 per delivery address are delivered free of charge. Orders will normally be delivered at any time between 10am and 6pm Monday to Saturday. If the Customer wishes to specify a time slot, the following additional charges per delivery address will apply:

 

Orders under HK$3,000

Orders over HK$3,000

Morning delivery: 10:00am to 2:00pm or Afternoon delivery: 2:00pm to 6:00pm

HK$55

Free

Evening delivery: 6.00pm to 9.00pm

HK$110

HK$55


Although the Company makes every effort to require its delivery company to deliver all your goods at the agreed time, neither the Company nor SCMP will be liable if such delivery company shall fail to do so for any reason whatsoever.

14.4 The Company reserves the right to charge for re-delivery of orders which have not been completed due to incorrect address information provided by the Customer or the recipient not being available to accept delivery at the scheduled time slot.

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

14.6 The Company reserves the right to decline delivery of Goods to any Customer at its sole discretion.


15. 
Non-pickup/ non-delivery

15.1 The Company may levy storage charges for purchased Goods which have been made available for collection but have not been collected, or which are ready for delivery but cannot be delivered, in either case, within 30 days of purchase for any reason, including without limitation Customer’s failure to pick up such Goods, failure to notify the Company of any change of address or refusal to take the delivery.

15.2 If the purchased Goods have not been collected or delivered and the storage fees referred to above have not been paid for three (3) months from notification by the Company, then the Company has the right to deal with or otherwise dispose of such Goods (including resale of any Goods) at its absolute discretion, without any further notice to the Customer and without having to account to the Customer any proceeds (if any) arising therefrom. The Company shall have no liability to the Customer in respect of dealing or disposal of such Goods in such circumstances.


16. 
Third Party Checks

16.1 If you purchase Goods and/or Services from the Company, the Company may, but is not obligated to, contact third party organisations to verify the information you have provided and to ensure our records are up to date, subject to compliance with all relevant laws and regulations including those relating to personal data privacy. Such verification may consist of checking your name and address, payment instructions or conducting credit and other checks. Such checks are undertaken to help and protect you and as a means to counter fraudulent activities. They also help to ensure that mailings and correspondences are being sent to the correct people at the correct addresses. These checks are not infallible and therefore please advise us as soon as possible if any of your details change.

16.2 All information obtained through such checks shall be used in accordance with our Privacy Policy (please see section on Privacy Policy below).


17. Other Services and Promotions

17.1 SCMP and/or the Company may offer other services and promotions not specifically referred to in these Terms and Conditions. Such services and promotions may be subject to additional terms and conditions which will be notified to you at the time the services and promotions are offered. By ordering such service or promotions, you will be bound by such additional terms and conditions.


18. 
Force Majeure

18.1 Neither the Company nor SCMP shall be liable for any failure to meet its obligations occasioned by circumstances beyond its reasonable control. The Company and/or SCMP, whichever applicable, will give you notice of any such circumstances as soon as is reasonably practicable.


19. 
Privacy Policy

19.1 Customers will be required to provide certain personal data in order to register on the Website and purchase Goods and Services through the Website. We collect, use, process and hold data relating to any Customer, Website user and any other relevant person in accordance with the provisions of the Personal Data (Privacy) Ordinance and our Privacy Policy, a copy of which is available [here]. Please readthe Privacy Policy carefully as it contains important information about the data to be collect, the purposes for which the data is used and your rights to obtain access to the data collected about you.


20. 
Miscellaneous

20.1 The Company and/or SCMP, whichever applicable, may exercise or enforce any rights contained in these Terms and Conditions. If the Company fails to, or chooses not to, take any action, it will not be deemed to be a waiver of its right to take such action or any subsequent action in respect of that right or any other rights.

20.2 If any provision in these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect other provisions of these Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.


21. 
Law and Jurisdiction

21.1 These Terms and Conditions are governed by and shall be construed in accordance with the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

21.2 These Terms and Conditions are written in the English language and may be translated into Chinese. In the event of any inconsistency between the English version and the Chinese version, the English version shall prevail.