Terms and Conditions

TERMS AND CONDITIONS

DEFINITIONS

In these Terms and Conditions:

"Customer" - means any Private Customer or Trade Customer as the case may be;

"Goods" - means the products to be supplied by Wine Lyrics Limited to the Customer;

"Reserves" - means goods stored by or on behalf of Wine Lyrics;

SALES

All wine prices on Wine Lyrics website are ex-cellar prices, either from warehouse in France or from warehouse in Hong Kong. Transport cost is aside, please refer to Wine Lyrics page of International delivery for more details.

Minimum order of 1,500 euro in 3 months is required.

All wines are sold in EUR, and will be payable to Wine Lyrics company account in Hong Kong or France. If Customer chooses to settle invoices in another currency, a fixed currency exchange rate will be appointed by Wine Lyrics on the date of settlement.

All wines are subject to final confirmation and remaining unsold. Once an invoice is issued, the sale is considered final.

PAYMENT

Wine Lyrics Limited reserves the right to require payment for Goods at the time of order. In cases where Wine Lyrics approves deferred payment terms then (unless Wine Lyrics Limited agrees other payment terms): invoices to All Customers must be paid within 2 days after the invoice date;

For first orders, customer is requested to settle full payment in order to secure wines. Orders shall not be reserved or guaranteed prior to full payment settled.

If any amount remains unpaid after the due date for payment, then Wine Lyrics reserves the right at its sole and absolute discretion to do any or all of the following:
(a) cancel the invoice.

(b) forfeit the paid deposit. The paid deposit is non-refundable and non-transferable.

(c) charge interest at 2% per month on any amount remaining unpaid after the due date, calculated from the due date until the actual date of payment;
(d) review and/or remove retrospectively any special trading terms previously agreed in relation to the transaction(s) to which those overdue accounts relate (including discounts, in which case Wine Lyrics may re-invoice the Goods at their full price);
(e) suspend any future deliveries to the Customer.

LIEN

In the event of non-payment of accounts (including storage charges), Wine Lyrics reserves the right to exercise a lien over and/or to sell some or all of a Customer's Reserves and to deduct from the proceeds of sale any outstanding amounts.

RESERVE STORAGE

Wine Lyrics offers storage facilities in France and Hong Kong to its Customers for Goods purchased from Wine Lyrics. For orders placed in France, storage is free of charge for the first three months, storage charge will apply after three months. For orders placed in Hong Kong, storage is free of charge for the first one month, storage charge will apply after three months.

Storage charges shall be at the prevailing rate plus any other taxes (where applicable) per year, per bottle, for any cases stored for a period of two months or more. Charges will be rendered quarterly in arrears or when the Reserves are delivered or collected and are to be paid in HK TCS. V 3.1 Last updated: 09/2020 5.

Reserves will be insured by Wine Lyrics against all risks of physical loss or damage as at the date of such loss or damage subject to the policy terms or conditions, details of which are available on request. Although it is Wine Lyrics’ intention to cover the present market value of any losses, in view of the difficulty in assessing the total market value and the market value of individual rarities, Wine Lyrics can only try to ensure that full compensation is recovered in cases of loss.

WINE AVAILABILITY

Wine Lyrics do its utmost to ensure that all wines offered on the website are available, however due to time difference with France, all wines offered from France are subject to final confirmation with France office.

PRICING

Prices are given per bottle (750ml) or as otherwise listed. Wine Lyrics reserves the right to change any price or offer without prior notice.

DELIVERY

Any indication as to an order’s shipment, arrival or local delivery is an estimate only, Wine Lyrics do not hold liability for any failure to deliver within that time.

If Customer require delivery urgently or on a specific day, Wine Lyrics will do its best to accommodate customer’s request, but please understand situation such as weather, strike or other uncontrollable factors may affect the delay. Wine Lyrics strongly recommend Customer to estimate larger range of lead time before placing an order.

Re-delivery will be charged if there is no one to receive and sign for the goods at the scheduled delivery date and time.

For Hong Kong local delivery please note that Wine Lyrics cannot and do not guarantee specific delivery time slot. Customer order with Wine Lyrics will be delivered during normal business hours. Apart from Tung Chung, Wine Lyrics do not delivery to any other outlying islands in Hong Kong. Additional charge on long/distance carry or stairs involved. For delivery to logistics warehouses or any other destinations that charge an entrance fee, Wine Lyrics will require an administration charge of HK$500.

When typhoon signal No 8 or the black rainstorm signal is hoisted by the Hong Kong Observatory, scheduled deliveries will be postponed to the next available work day.

ACCEPTANCE

It is the receiver's responsibility to inspect the condition of any goods received at the time of delivery. Any claims for short delivery or breakage or any other defect or deficiency must be notified to us or any third-party courier immediately. Customer will be deemed to have accepted the goods as satisfying as they delivered and in fulfilment of customer order. Customer will not be entitled to reject them in any reason and Wine Lyrics may refuse customer claim thereafter.

RETURNS

All sales are final and are not subject to returns or exchange if no fault responsibility from Wine Lyrics’ end. Different from restaurant practices, Wine Lyrics as wine merchant, do not accept returns of corked wine nor do Wine Lyrics refund for corked wine.

RATING INFORMATION

Wine ratings listed on Wine Lyrics website are for reference only. Wine Lyrics will not be liable for any direct or indirect damages with respect to the accuracy of the information. Wine Lyrics try its utmost to update rating in a timely manner, however Wine Lyrics do not guarantee the ratings are all up to date.

Wine Lyrics undertake the proper safekeeping and storage of wines in Wine Lyrics’ possession, but Wine Lyrics will not be responsible for the state and condition of wines or whether the wine corresponds to the qualities which might be expected from its description.

WINE CONDITION AND PHOTO

Wine Lyrics do its utmost to make sure that wines are delivered to customer in the best possible condition.

There is always an element of risk in the purchase of the older fine wines as their condition is inevitably variable. Although Wine Lyrics guarantee provenance of wines, Wine Lyrics strongly suggest customers consider this risk carefully before making purchase.

Label images appearing on the website or elsewhere are for illustrative purposes only and may not be relied upon to reveal imperfections in any products. Prospective buyers are strongly recommended to check product photos with us before placing an order.

Bottle numbers in photos are hidden by software on the purpose to prevent misconduct behaviour such as counterfeit. Wine Lyrics will send customer original photos upon individual request.

LIMITATIONS OF LIABILITY

Nothing in these Terms and Conditions shall exclude or limit in any way Wine Lyrics liability or obligation under the Control of Exemption Clause Ordinance.

Wine Lyrics shall not be liable to the Customer for ullages or for any deterioration in the condition of any wine (which can occur naturally to all wines no matter how well cared for), whether that wine is in reserve storage with Wine Lyrics or stored separately by or on behalf of the Customer.

Wine Lyrics shall not be liable to the Customer for any claim (whether arising in or for contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) under or in connection with these Terms and Conditions for: HK TCS. V 3.1 Last updated: 09/2020 6
(a) any loss of profit, revenue, anticipated savings, business or contract; and
(b) any special, indirect or consequential loss.

Without prejudice to insurance coverage under Wine Lyrics’ total liability arising under these Terms and Conditions shall not in respect of any single claim exceed the order value including any taxes (where applicable), duty and delivery charges of the order that gives rise to the claim.

The Customer shall defend, indemnify and hold harmless Wine Lyrics and its affiliates from any claims, demands, loss, damage, liability of expense, including any legal fees and costs (however incurred), arising out of the acts or omissions of the Customer and its affiliates, agents, sub-contractors, officers, directors, employees or agents of any breach by the Customer for any of the provisions contained herein.

WEBSITE SALES

Purchases may be made via Wine Lyrics website (www.winelyrics.com). Use of Wine Lyrics website is subject to Wine Lyrics Website Terms and Conditions, which can be found on the website.

GENERAL

In Hong Kong, it is illegal to sell alcohol to anyone under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with Wine Lyrics, the Customer confirms that he or she is at least 18 years old (or otherwise above any applicable age limit). At the time of delivery of the Customer's order, Wine Lyrics or its agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, Wine Lyrics or its agent may refuse to deliver the order.

Wine Lyrics reserve the right to make changes these Terms and Conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on Wine Lyrics website. None of Wine Lyrics employees or agents has the right to bind Wine Lyrics to any verbal agreement which does not comply with these Terms and Conditions.

Wine Lyrics shall not be liable for any failure to meet its obligations caused by circumstances beyond its control.

No delay in exercising or non-exercise by Wine Lyrics of any right, power or remedy under or in connection with these Terms and Conditions shall impair that right, power or remedy or operate as a waiver or release of it.

Where Wine Lyrics operates a joint account in the names of two or more Customers, Wine Lyrics shall (unless expressly instructed to the contrary) be entitled to accept, rely upon and act upon instructions given by any one of the Customers named on that account. If two or more Customers have a joint account with Wine Lyrics, the obligations of such Customers shall be joint and several.

If any provision, or any part of any provision, of these Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and the liability of Wine Lyrics and the Customer shall not be affected or impaired.

The Customer may not assign, transfer or otherwise deal with its rights, interests or obligations under these Terms and Conditions or enter into any transaction which would result in any of those obligations passing to another person without the prior written consent of Wine Lyrics.

LANGUAGE

These Terms and Conditions are drafted in the English language. If these terms are translated into any other language, the English language version shall prevail.

CONTACT DETAILS AND PREVAILING RATES FOR CHARGES

If you have any queries or comments in relation to these Terms and Conditions, or for details of the prevailing rates for charges referred to in these Terms and Conditions, you can either write to us at 17A, Billion Plaza 2, 10 Cheung Yue Street, Hong Kong, email us at info@winelyrics.com or call us on +852 3916 7902.

条款和条件

定义

在这些条款和条件中：

“客户”- 指任何私人客户或商业客户（；

“货物”- 指 Wine Lyrics Limited 向客户提供的产品；

“仓储货物”- 指由 Wine Lyrics 或由Wine Lyrics 代表储存的货物；

销售量

Wine Lyrics网站上的所有葡萄酒价格均为出厂价，包括法国库存或香港库存。不含运输费用，详情请参阅公司网页的国际运输分页。

3 个月内最低订购总金额须为1,500 欧元或以上。

所有葡萄酒均以欧元出售，并支付至香港或法国的 Wine Lyrics 公司账户。如果客户选择以其他货币结算，Wine Lyrics 将在结算日按指定货币汇率计算。

所有葡萄酒均以最终确认为准。一旦开具发票，销售即被视为最终销售。

支付

Wine Lyrics Limited 保留要求客户在订购时支付货款的权利。如果 Wine Lyrics 批准延期付款条款（除非 Wine Lyrics Limited 同意其他付款条款）：所有客户的发票必须在发票日期后 2 天内支付；

对于刚开始的几次新订单，客户需要支付全额款项才能确认订单。在全额付款之前，我们不得保留或保证订单。

如果在付款到期日之后仍有任何金额未支付，则 Wine Lyrics 保留自行决定采取以下任何或全部措施的权利：

(a) 对到期日后未支付的任何金额收取每月 2% 的利息，利息从到期日到实际付款日计算；

(b) 追溯性地审查和/或删除之前就与这些逾期账户相关的交易商定的任何特殊交易条款（包括折扣，在这种情况下，Wine Lyrics 可以按全价重新开具货物发票）；

(d) 暂停未来向客户的任何货物交付。

留置权

如果客户有未支付账户费用（包括仓储费），Wine Lyrics 保留对客户储备行使留置权和/或出售部分或全部客户的仓存并从出售收益中扣除任何未偿金额的权利。

仓储货物

Wine Lyrics 在法国和香港为其客户提供从 Wine Lyrics 购买的商品的存储设施。对于在法国下的订单，前三个月免费存储，之后将收取存储费。对于在香港下的订单，首个月免费仓储，之后将收取存储费。

Wine Lyrics 将根据保单条款或条件为仓存货物投保，以应对此类损失或损坏之日发生的所有物理损失或损坏风险。虽然Wine Lyrics希望以目前的市场价值来弥补任何损失，但考虑到总市场价值和个别稀有物品的市场价值难以评估，Wine Lyrics只能尽力确保在情况下获得全额赔偿的损失。

葡萄酒供应情况

Wine Lyrics尽最大努力确保网站上提供的所有葡萄酒库存精确，但因为与法国的时差，所有来自法国的葡萄酒均以法国办事处的最终确认为准。

价钱

价格为每瓶（750 毫升）或其他列出的价格。Wine Lyrics 保留更改任何价格或优惠的权利，恕不另行通知。

送货

有关订单发货、到达或本地交付的任何指示仅是估计，Wine Lyrics 不对在此时间内未能交付的任何情况承担责任。

如果客户要求紧急或在特定日期交货，Wine Lyrics将尽力满足客户的要求，但请客户理解天气、罢工或其他不可控因素等情况可能会影响延迟。 Wine Lyrics 强烈建议客户在下订单之前预算更大范围的交货时间。

如果在预定的送货日期和时间无人收货并签收货物，将收取重新送货费用。

对于香港本地送货，请注意，Wine Lyrics 不能也不保证特定的送货时间段。 Wine Lyrics 的客户订单将在正常营业时间内交付。除东涌外，Wine Lyrics不送货至香港任何其他离岛。长途/长途携带或爬楼梯需额外付费。

验收

收件人有责任检查交货时收到的任何货物的状况。任何关于交货不足、破损或任何其他缺陷的索赔必须立即通知我们或任何第三方快递公司。客户将被视为已接受交付的货物并履行客户订单，此后 Wine Lyrics 可以拒绝客户的索赔。

退货

所有销售均为最终销售，如果 Wine Lyrics 没有过错责任，则不接受退货或换货。与餐厅的做法不同，Wine Lyrics 作为酒商，不接受因酒木塞变质的葡萄酒退货，也不为酒木塞酒退款。

评分信息

Wine Lyrics 网站上列出的葡萄酒评级仅供参考。 Wine Lyrics 对评分信息准确性造成的任何直接或间接损失不承担任何责任。 Wine Lyrics 尽力及时更新评级，但 Wine Lyrics 不保证网上评分全部是最新的。

Wine Lyrics 负责妥善保管和储存 Wine Lyrics 拥有的葡萄酒，但 Wine Lyrics 不对葡萄酒的状态和状况或葡萄酒是否符合其描述中预期的品质负责。

酒的状况和照片

Wine Lyrics 尽最大努力确保葡萄酒以最佳状态交付给客户。

购买陈年的优质葡萄酒总是存在一定的风险，因为它们的状况不可避免地会发生变化。尽管Wine Lyrics保证了葡萄酒的来源，但Wine Lyrics强烈建议客户在购买前仔细考虑这一风险。

网站或其他地方出现的标签图像仅用于说明目的，不得用来揭示任何产品的缺陷。强烈建议客户在下订单前与Wine Lyrics检查产品照片。

照片中的瓶号被软件隐藏，目的是防止假冒等不当行为。 Wine Lyrics 将根据个人要求向客户发送原始照片。

责任限制

这些条款和条件中的任何内容均不得以任何方式排除或限制 Wine Lyrics 在《豁免条款管制条例》下的责任或义务。

Wine Lyrics 不对任何葡萄酒的损耗或状况恶化（无论保养得多么好，所有葡萄酒都会自然发生这种情况）负责，无论该葡萄酒是与 Wine Lyrics 一起储备还是代表客户单独存放。

Wine Lyrics 不对客户根据以下条款和条件或与之相关的任何索赔（无论是因合同、侵权行为（包括疏忽）、违反法定义务、失实陈述或其他原因引起的）承担责任：HK TCS。 V 3.1 最后更新：09/2020 6

(a) 任何利润、收入、预期储蓄、业务或合同损失；和

(b) 任何特殊、间接或后果性损失。

在不影响 Wine Lyrics 根据本条款和条件承担的保险范围的情况下，任何单一索赔的全部责任不得超过订单价值，包括引起索赔的订单的任何税费（如适用）、关税和运费。

对于因客户的行为或不作为而引起的任何索赔、要求、损失、损害、费用责任，包括任何法律费用和成本（无论如何产生），客户应为 Wine Lyrics 及其附属公司进行辩护、赔偿并使其免受损害，其附属公司、代理、分包商、管理人员、董事、雇员或代理因客户违反本文所含的任何条款而造成的损失。

网站销售

客户可以通过 Wine Lyrics 网站 (www.winelyrics.com) 购买。使用 Wine Lyrics 网站须遵守 Wine Lyrics 网站条款和条件，该条款和条件可在网站上找到。

一般性条款

在香港，向 18 岁以下的任何人出售酒类是违法的。类似的限制也适用于其他司法管辖区。通过 Wine Lyrics 下订单，客户确认他或她已年满 18 岁（或超过任何适用的年龄限制）。在交付客户订单时，Wine Lyrics 或其代理可能会要求收货人提供年龄证明。如果无法出示适当的证明，Wine Lyrics或其代理人可以拒绝交付订单。

Wine Lyrics 可能会不时修改这些条款和条件。 Wine Lyrics 的任何员工或代理均无权使 Wine Lyrics 遵守任何不符合这些条款和条件的口头协议。

Wine Lyrics 对其无法控制的情况导致无法履行其义务不承担任何责任。

Wine Lyrics 延迟行使或不行使本条款和条件项下或与之相关的任何权利、权力或补救措施，均不得损害该权利、权力或补救措施，也不构成对该权利、权力或补救措施的放弃或解除。

如果 Wine Lyrics 以两个或多个客户的名义运营联名账户，则 Wine Lyrics（除非有明确相反指示）有权接受、依赖该账户上指定的任何一位客户发出的指示并按照指示行事。如果两个或多个客户在 Wine Lyrics 拥有联名账户，则该等客户的义务应是连带的。

如果本条款和条件的任何规定或任何规定的任何部分在任何方面非法、无效或不可执行，则该规定或该部分应与本条款和条件以及该规定的其余部分分开，和/或所有其他条款仍然有效且可执行，并且 Wine Lyrics 和客户的责任不应受到影响或损害。

未经 Wine Lyrics 事先书面同意，客户不得转让或以其他方式处理其在本条款和条件下的权利、利益或义务，也不得进行任何可能导致任何此类义务转移给他人的交易。

语言

此条款和条件以英语起草为准。如果这些条款被翻译成任何其他语言，则以英文版本为准。

联系方式

如果您对本条款及细则有任何疑问或意见，或欲了解本条款及细则中提及的现行收费费率的详情，您可以写信给我们，地址为长裕街10号亿京广场2期17A，香港，请发送电子邮件至 info@winelyrics.com 或致电 +852 3916 7902