Terms & Conditions Of Sale

These terms and conditions (“T&Cs”) apply to all sales of wine and any other goods (referred to as the “Wines”) by Cote d’Or Limited (BRC No. 71842879) (“we” or “us”) to you the customer (“you”). These T&Cs will apply if you are dealing with us as a private or trade customer. No terms and/or conditions implied by trade, custom, practice or course of dealing shall apply or have effect.

1. Contract

1.1 A contract for sale which incorporates these T&Cs will come into existence when your order is expressly accepted. Please note that an acknowledgement of your order in any form does not constitute acceptance of your order. Your order is accepted by us when we issue an invoice.

1.2 Upon acceptance of your order, a binding agreement shall come into effect between you and us.

1.3 Where we issue an invoice to you and we have not pre-authorised the payment on a credit card, payment will be due immediately. An invoice issued by us is acceptance however we may not deliver or make available the wines to you until the invoice is settled in full.

1.4 The contract between you and us is conditional on the wines being available to be sold to you. We reserve the right to decline any order at any time in the event that we are unable to secure the wines on your behalf.

1.5 In the event we have agreed to deliver the wines to you, you will be provided with an estimated delivery date and delivery charge if applicable. We are unable to commit to specific times.

1.6 Where there is no agreement of delivery, the wines will be placed into storage. A storage fee shall apply if the wines remain undelivered or uncollected for 30 days after invoice date.

2. Payment

2.1 Payment shall be due immediately upon us issuing an invoice to you.

2.2 Payment can be made by direct electronic transfer or with major credit card online.

2.3 We reserve the right to collect credit card details in advance and to pre-authorise the order amount prior to accepting your order. Once we accept your order we will charge the invoice amount to your card.

2.4 We reserve the right to withhold any wines or services you have ordered for non- payment of any invoices. We may refuse to release any wines to you until payment for your order in full has been received.

3. Retention of Goods

3.1 We retain title in wines sold by us until your order has been paid in full. This includes wines held on your behalf in our storage facility and we reserve the right to take possession and sell wines held with us in storage in order to settle any debt you have with us. See Terms and Condition of Storage for more details.

3.2 You will obtain title in the wines upon us receiving payment in full and the wines coming into your physical possession.

3.3 In the event that any amount is outstanding we reserve the right to suspend or withhold any delivery or collection.

3.4 Where any invoice is outstanding for more than 7 days for private customers and 3 days for trade customers, we may consider the order as cancelled.

4. Default

4.1 In the event that any amount is owing to us from you, we reserve the the right to purchase any of your wines which are held by us at a price governed by these T&Cs in satisfaction of your liabilities.

4.2 In the event we enforce our right to purchase back wines we are holding for you in order to satisfy your debt to us, we will shall give you written notice to your last known invoice address or email address of our intention to purchase back the wines. Seven days after sending the notice we will be entitled to take ownership and possession and or dispose of some or all of your wines which are held by us.

4.3 Upon purchasing back the wines, we will credit you with 80% of the market value at the time of of the relevant wines (the “credit”). We will have the final say on what is the market value.

4.4 The credit will be set off against any sums you owe us (including any interest owed). If the credit exceeds the sums you had owe to us then we will account to you upon written request for any excess. Interest will not be applied on the excess. We shall hold title to the wines and be free to dispose of the wines at our discretion without any liability to you.

4.5 If you still owe us after we have purchased back the wines then the outstanding balance shall remain payable by you.

4.6 In no way are any remedies we have waived by us purchasing back the wines from you.

5. Storage or Delivery

5.1 When purchasing the wines, you must decide whether to store the wines with us or have the wines delivered.

5.2 A free delivery service is offered to one single address within Hong Kong excluding Lantau and Outlying Islands on orders over HK$2,500 for private customers and HK$5,000 for trade customers. In any other event, HK$150 delivery fee will be added. Any additional delivery addresses will incur a delivery fee of HK$150. A delivery fee of HK$150 applies to address in Tung Chun and Ma Wan.

5.3 Delivery within Hong Kong will usually be made within 2 business days after payment is made in full by customers.

5.4 For international shipping, please email us at sales@cotedorfinewines.com for details. For collection, please email us on the email address above. We will not be liable for your order once it has been collected from our warehouse.

5.5 Where we store the wines for you, our Storage Terms will apply. For the avoidance of doubt, the wines you have purchased will be assigned to your name but remain in our storage.

5.6 If wines purchased are not delivered or collected within 30 days of the invoice. We shall consider storage is required and our Storage Terms will apply. We reserve the right to make reasonable storage and administration charges at our standard rates.

5.7 If our storage and administration charges are not paid then our right to sell the wines as set out in the Storage Terms and section 4 above will apply.

6. Upon Delivery

6.1 You shall inspect the wines purchased from us on delivery or release.

6.2 Where we are storing the wines for you, you are entitled to attend the storage facility in person or through an agent for inspection of wines. You shall inspect the wines within 3 days of delivery or release to you and notify us immediately of any defect, damage, or shortage in, or to the wines.

6.3 For trade customers, we will consider you have accepted the wines after 3 days of the wines being delivered or released to you.

6.4 For private customer, you agree to notify us of any issues with the wines within 7 days from the date the wines were delivered or released to you. After such period, we will have considered you have accepted the wines.

7. Warranty

7.1 We warrant that we have undertaken reasonable actions and processes to ensure that wines sold by us are of satisfactory quality.

7.2 We do not warrant the taste of wines purchased as taste is a subjective judgement.

7.3  For older and or high-value wines we will make reasonable efforts to verify such wines however we cannot guarantee the authenticity or quality of the wine.

7.4 We do not provide refunds for corked wines.

7.5 If it is our opinion that the wines are not in perfect condition, we will supply inspection photos and such other information to you. You will be able to decide whether to proceed with the purchase or not.

7.6 You accept that wines may be subject to defects, imperfections, shortages, damage and normal wear and tear. You accept that wines will show age related marks or any such condition or defect that we have informed you about.

7.7 We do not accept liability for minor or inconsequential defects or imperfections.

7.8 We may provide information to you supplied to use by our supplier, however we do not provide any warranties for this information.

7.9 You accept that these T&Cs are reasonable in all the circumstances.

8. Cancellation

8.1 Trade customers cannot cancel their order once it has been accepted by us in accordance with section 1 of these T&Cs.

8.2 Subject to section 8.3 below, a private customer has the right to request a refund for unsatisfactory quality wines upon delivery within 7 days of delivery.

8.3 There are no refunds for opened wines and wines above HK$800 per bottle or over 10 years old.

8.4 If you cancel the order, we will refund the order amount to your credit card or bank account. A refund will be made within 21 days of us receiving the wines.

8.5 Proof of purchase is required to request of a refund.

9. Liability

9.1 Our liability in the sale of wines will be limited to the purchase price paid by you.

9.2 We will not be liable for any indirect or consequential losses or damages including lost bargain, lost profit, lost reputation, loss of anticipated savings.

9.3 We will not be liable to you or any third party for any onward sale of the wines.

10. General

10.1 It is illegal to sell alcohol to anyone under the age of 18 years. By placing an order with us, you confirm you are at least 18 years. Proof of age may be requested by us and you agree to provide it at request. We reserve the right to refuse delivery of wines if you cannot prove your age.

10.2 We reserve the right to alter these T&Cs at any time without notice to you. Any changes will take effect when the T&Cs are uploaded on our website. Your use of the website and or your agreement to store wines in storage with us shall signify your acceptance to be bound by these T&Cs.

10.3 If any provision of these T&Cs is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the other provisions of these T&Cs shall not be affected and continue in force and effect.

10.4 We will not be liable for any failure to fulfil our obligations due to circumstances beyond our control.

10.5 These Terms and Conditions and all contracts entered into are governed by Hong Kong Special Administrative Region law and are subject to the exclusive jurisdiction of the Hong Kong Special Administrative Region Courts.

10.6 If there is any inconsistency or conflict between the English and Chinese versions of this Terms and Conditions of Sale, the English version shall prevail.