Terms & Conditions

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IMPORTANT NOTICE:

It is illegal to sell alcohol to people under the age of 18. By entering and placing an order, the Customer must confirm that he/she is 18 years old or above. The Customer shall ensure that no other person except himself/herself shall use his/her login to purchase alcohol products and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time to be agreed.

Website Usage Policy: Online Purchase

TERMS AND CONDITIONS FOR ONLINE PURCHASE

1. General

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

In these “Terms and Conditions”, “JWT” or “we”, “us” or “our” means Japan Wines Trading Co., Ltd., and the “Customer”, “you” or “your” means any person, firm, company, body corporate or entity who/which places an order with us. “Wines” means any wine, alcohol, or spirit that may be provided by, or ordered from, JWT, and “Website” means japanwines.global, as the same may from time to time be amended and replaced. “Terms and Conditions” means these terms and conditions including our Website Usage Policy and Privacy Policy, as each may be amended from time to time.  By using the website or any part of it, you agree that you have read these terms and conditions that you accept and agree to be bound by them.

2. Product Description and Prices

  1. 2.1. The description and prices for wines are set out in the Website.
  2. 2.2. Prices for Wines are quoted on a per bottles basis, unless otherwise stated.
  3. 2.3. We shall make every effort to ensure that prices, details and sizes of products at 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 stock availability.
  4. 2.4. We shall make every effort to ensure product(s) displayed at our website are in stock. If from time to time any products become out of stock, we reserve the right to offer alternative product(s) of similar value and style. Items marked as limited stock means only small quantity is available for direct purchase, and with no guarantee of price or vintage which are subject to change without prior notice. All sold on a first come first served basis.
  5. 2.5. 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.
  6. 2.6. The bottle photos on our website are for reference only. Please refer to the actual product description when you make the purchase.
  7. 2.7. No further discount applies to promotional items, unless otherwise stated.

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 thePersonal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. Please refer to our Privacy Policy.

4. Payment Terms

  1. 4.1. We accept purchase digital wallet (Alipay) and credit card (Visa, Mastercard, American Express) through Stripe and PayMe by HSBC.
  2. All product prices listed are in Hong Kong dollars. The applicable price shall be the price listed in our Website as at the date of purchase.
  3. 4.2.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 wines are collected at our office (as the case may be).
  4. 4.3 Payment will be taken in full at the time of ordering.

5. Notification for ordering

  1. 5.1. We only accepts orders for delivery in Hong Kong to the specified billing address or collection at our office in Hong Kong.
  2. 5.2. Placing an order means you agree to purchase products or services in accordance with the 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 stock availability), we will notify you by phone or email.
  3. 5.3. If your order is accepted by us, we will confirm with you accordingly and advise the date and time of delivery or availability for collection at our office.

6. Delivery Service

(applicable if you have selected to have your order(s) delivered to a designated billing address)

  1. 6.1. We offer free delivery service to your specified billing address (single location only) in when your order satisfies our minimum purchase amount more than HK$2,000. Delivery service is only available at addresses located in Hong Kong Island, Kowloon, New Territories (excluding North), Tung Chung, Discovery Bay and Ma Wan. All area of North district (Fanling, Sha Tau Kok, Sheung Shui, Ta Kwu Ling, Luen Wo Hui, Shek Wu Hui, Luk Keng, Kwu Tung, Kwan Tei Fan Ling, Mai Po, Lok Ma Chau, Closed area, Lo Wu) and outlying islands (Ping Che, Mui Wo, Lamma Island, Tai O, Po Toi, Tung Lung Chau, Grass Island, Man Kam To, Crooked Island [Kat O], Tung Ping Chau, Peng Chau, Cheung Chau) are not covered for our delivery service.
  2. 6.2 For purchase amount below under HK$2,000, a delivery charge of HK$200 per delivery address will apply.
  3. 6.3. This service is available for weekday only (Sunday and Public Holiday are unavailable to deliver) and available days are shown at calendar in Website. Expected delivery day can be chosen at available delivery slot when you place order. However we can only deliver once upon final delivery is confirmed by both parties (we and you). Therefore there is possibility to rearrange the delivery schedule due to late final confirmation. Should you have any inquiry about delivery, please feel free to contact us order@japanwines.global.
  4. 6.4. Cut-off day for delivery arrangement:
    Cut-off time is 17:00 and the payment for order is required at least two days (excluding Saturday, Sunday and Public Holidays) before expected delivery day. Otherwise the delivery arrangement will be disrupted and be rescheduled due to short lead time.
  5. 6.5. Delivery service is not available:
    • at non-permanent address, restricted areas, outlaying islands, hotel guest rooms, ports, marinas and warehouses;
    • at premises above 4th floor of a building which are not accessible by elevator for delivery of 5 cases or more; and
    • where there are no authorised or legitimate unloading area within 50 metres of the building of the delivery address.
  6. 6.6. After your order has been accepted and payment is settled, we will confirm with you about the expected delivery date. Please check whether all your ordered items are delivered against the invoice/delivery note (as the case may be) upon delivery, then sign and return the delivery note to our courier to confirm your acceptance of goods.
  7. 6.7. In case where the deliveries are delayed due to hoisting of typhoon signal no. 8 or above or black rain storm signal, you will be contacted to re-schedule delivery day.
  8. 6.7. If you fail to receive your ordered products upon the first delivery appointment or you give us inaccurate information on your address, we reserve the right to charge you an additional delivery fee (HK$200) for subsequent delivery at the scheduled time slot. Otherwise you can collect ordered products at our office two days after original delivery day during office hour without any charge.
  9. 6.8. 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.
  10. 6.9. In case of any dispute, our determination shall be final.

7. Collect wines in our office

There is not available to pick up ordered products in our office.

8. Non-pickup/non-delivery

  1. 8.1. We 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 14 days of purchase for any reason, including without limitation Customer’s failure to pick up such goods, failure to notify us for any change of address or refusal to take the delivery.
  2. 8.2. If the purchased wines have not been collected or delivered and the storage fees referred to above have not been paid for 1 month from notification by us, we have the right to deal with or otherwise dispose of such goods (including resale of any wines) 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. We shall have no liability to the Customer in respect of dealing or disposal of such goods in such circumstances. In such event, we shall not be liable to make any refund or compensation to you; and we reserve the right to continue claiming you for the outstanding storage fees.
  3. 8.3. The outstanding storage fee will start to be charged to Customer if he/she are not able to collect the Wines within 14 days of purchase.

9. Cancellation of orders

Once you settle your payment, you cannot cancel your order anymore.

10. Breakages, Shortages, Packaging Issues or Wrong orders

  1. 10.1. Please inspect wines upon delivery and notify JWT +852 3521-1573 immediately of any breakages, shortages or wrong order. We reserve the right to refuse any claim made after such time.
  2. 10.2. If you are not present to accept delivery, you may request us to deliver your order to your authorised representative by contacting us +852 3521-1573. 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 for any loss or damage to Wines arising as a result of delivery to your authorised representative.

11. Exchange and refund

  1. 11.1. Subject to 12.1 below, you are entitled to exchange products which are found to be damaged or not in good condition upon delivery. In such case, you can contact us to make arrangement for exchange within 7 days of receipt. Otherwise under normal circumstances, we would not accept any request for exchange of products or cancellation of orders.
  2. 11.2. Wine above HK$750 per bottle or over 10 years old shall not be refunded in any event.
  3. 11.3. If a Wine is corked or defective, please contact us +852 3521-1573 immediately on becoming aware of the defect. We may at its absolute option, provide a refund or replace the defective wine, provided that the following conditions are satisfied:
    • The defect caused by JWT or by the supplier or producer and if by the latter, JWT successfully claims the same against the supplier and/or the producer;
    • You notify us within 1 day (24 hours) after such bottle is opened, and return the bottle to us with at least two-thirds of Wine left inside so we can verify its quality as well as its original closure (cork);
    • You provide to us a valid original receipt for the Wine;
    • You are able to show that Wine was stored appropriately condition (keep in wine cellar) after delivery.
    • Such Wine must be below HK$750 per bottle and be less than 10 years old.
  4. 11.4 If you require us to collect Wine, 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 12.3.
  5. 11.5 JWT will inspect any alleged defective Wine in good faith but JWT’s decision will be final. If Wine are found to be defective, we may at its absolute option, provide a refund or replace the defective Wine. Refunds (if any) will be credited into Customer’s bank account within 4 weeks upon confirmation without interest and net of bank charges and fees.
  6. 11.6. If we agree you are entitled to an exchange but the products to be exchanged are sold out, you may return such product to us and apply the amount paid to buy alternative product(s).
  7. 11.7. All gift items must be returned together with the returned products. Otherwise the retail value of the gift item would be deducted from the refund.

12. Risks and Title

All risk of and title to, the Wine ordered shall pass to the Customer upon delivery, except that if full and final payment has not been received by JWT for any reason whatever, the tile to such Wine shall remain with us until receipt of full and final payment.

13. Third Party Check

If you purchase Wines from us, we may, but are not obligated to, contact third party organisations to verify the information you have provided to us and to ensure our records are up to date. 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 our mailings and correspondence 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.

14. 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.

15. Others

  1. 15.1. Basis of supply: we only serve and deliver products to end consumers. We are not selling our products for re-sell purpose. If we have grounds to believe that you are not purchasing our products as an end user, we reserve the right to decline or cancel your order.
  2. 15.2. 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.
  3. 15.3. You shall not assign, transfer or otherwise any of your rights and obligations under these Terms and Conditions to any other third party without our prior written consent.
  4. 15.4. If any provision of these 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 Terms and Conditions.
  5. 15.5. These Terms and Conditions embody the entire agreement between the parties and they supersede all previous negotiations, representations and agreement between the parties.
  6. 15.6. We have the right, at any time, or from time to time, by giving prior notice to you, to modify or vary or supplement all or any of the provisions under these Terms and Conditions.
  7. 15.7. If any dispute arises, our determination shall be final. Where these Terms and Conditions are available in English.

16. Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region, the People's Republic of China and the Customer and we agree to submit to the exclusive jurisdiction of the Hong Kong courts. We may revise the Terms and Conditions at any time without prior notice.

Released on May 2020
Last updated on April 2023