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 2000 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 17F, Billion Plaza 2, 10 Cheung Yue Street, Hong Kong, email us at info@winelyrics.com or call us on +852 3916 7902.