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Conditions of Use

These terms (“Terms”) apply if you want to purchase products from us or use our website, brochures, or app (the “Sites”). These Terms should be read alongside, and are in addition to, our Privacy Policy and Cookie Policy. Additional terms and conditions apply if you are a member of a wine plan or if you purchase En Primeur wines.

Please read these Terms carefully before using the Sites or purchasing products from us and print and keep a copy of them for your reference. We may change the content of the Sites from time to time, including the terms of use. By using the Sites (by whatever means or device) you agree that you have read, understood and accept these Terms (as amended from time to time). If you do not agree to be bound by these Terms, you may not use or access these Sites or place an order with us.

About us
In these Terms, references to “we” or “us” are to Dat's Wine, a company incorporated in Hong Kong.

Terms of Sale
Contract creation
The placing of an order anywhere on our Sites does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations” section below. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you be Dat's Wine nor at the point when you receive an email from Dat's Wine acknowledging receipt of your order.

Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock
Our inability to obtain authorization for your payment
Our inability to verify that you are aged over 18
The identification of a pricing, stock availablity or product description error
The repeated or fraudulent use of vouchers.


Prices
All prices are quoted in Hong Kong Dollars, and may be per bottle or per case, as marked. Any delivery charges are additional, unless otherwise specified.

Although we endeavor to ensure that all pricing information on our Sites is accurate occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before dispatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order.

We reserve the right to alter prices without notice. We also reserve the right to terminate any special offer at any time, without notice.

Availability
All products and services are subject to availability. Our inventory can fluctuate throughout the day, so an item indicated as “in­ stock” when you place your order may, in fact, be out-­of­-stock. In this event, we make every effort to contact you by email immediately to notify you that your order will be placed on backorder. The email will also provide you with information on how to cancel the order if you would prefer not to wait for the item to be in stock again. Most out­-of­-stock items are in stock again within two weeks.

Certain items for sale on our site are not kept in inventory, but can be special ordered for you and shipped within two weeks. If you select one of these items, your checkout page will indicate the actual shipping date. If the shipping date is not acceptable, you may cancel the item before confirming your order.

Delivery
We deliver throughout Hong Kong except remoted areas. Various delivery times are available for you to select when you place an order. For further details of these delivery options and prices for delivery please go to the Delivery Information section of our Site. Details of options available will also be provided at the time of placing your order. We reserve the right to restrict deliveries or to withdraw services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.

Our deliveries are made by third party carriers. It is the receiver's responsibility to check the condition of any goods received at the time of delivery. 

Cancellation and Refund
To cancel an order you have placed with Dat's Wine, please contact our Customer Services team using one of the methods in the “Contact Us” section below. When contacting our Customer Services team to cancel an order, please be ready to provide your name, the order number, and your contact information.

Please note that if the item has shipped, the order cannot be canceled.

There will be no refunds for any reason. By making a purchase with Dat's Wine, you are confirming that you have read and understand our no refunds policy. So, before you purchase with Dat's Wine, please contact us to make sure the stock availability.

Security
All information (including credit card details) is sent and received using the latest in secure e-commerce software. We will continue to use new security protocols and software as they become available.

Age Restrictions
It is illegal to sell alcohol to people under the age of 18. By placing an order, the Customer confirms that he/she is 18 years old or above. The Customer should ensure that no person 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 will be re-arranged at another time agreed.

Liability

Please note that the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.

Contact us
If you have any questions regarding orders or any general enquiries please do let us know by:

Entering the details on the Contact Us page
Emailing [email protected]
Calling our Customer Support Line on +852 2484 9268
Whatsapp: +852 6626 9453

Use of the Sites
To comply with licensing and other legislation, the Sites are only available to those aged 18 years and over. By using the Sites, you agree that you are aged 18 or over. If you are not, you must not use the Sites. We will ask you to enter your date of birth before making any purchases.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Your account
Some areas of the Sites may require you to register an account with us in order to use the services or purchase products. By registering you agree that:

- The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
- You will notify us immediately of any changes to the personal information by updating your details within the “My Account” section within your online account or by contacting us using the contact details below.
- You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information.
- If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account.

Intellectual Property Rights

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.

User comments and content
You may post reviews, ratings, messages, comments and other content which may be disclosed, submitted or offered to us on or through the Sites or otherwise (“Submissions”).

This right is extended on condition that the Submissions are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable. Specifically, Submissions should not include software viruses, political campaigning, commercial solicitation, chain letters or mass mailings. You are solely responsible for your Submissions. We reserve the right, but not the obligation, to remove or edit any Submissions.

If you disclose, submit or offer any Submissions, unless indicated otherwise, you:

Grant us a non-exclusive, irrevocable, perpetual, royalty-free and fully sub-licensable right to use, reproduce, publish, modify, adapt, translate, distribute, create derivative works from, and display such Submissions throughout the world in any media.
Grant us and all sub-licensees the right to use the name that you submit in connection with such Submissions, if we so choose.
Agree to waive your right to be identified as the author of such Submissions and your right to object to derogatory treatment of such Submissions.
Represent and warrant that you own or otherwise control all of the rights to the Submissions; that, as at the date the Submission is disclosed, submitted or offered to us, such Submission is true, accurate and not misleading; use of the Submission will not cause injury to any person or entity (including that it is not defamatory), does not include the trade secret or confidential information of others and does not infringe any other person's or entity's rights. You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.
These terms also govern any Submissions you make on any of our related third party websites or pages such as our Facebook page, Twitter, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of us or our employees and we are not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and the third party social networking sites' terms of use, as applicable.

Privacy and data protection
We process information about you in accordance with our Privacy Policy. By using the Sites you consent to such processing and you warrant that all data provided by you is accurate.

Liability
We have taken every care in the preparation of the content of the Sites. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Sites or their contents (including, without limitation, any views or comments made). Access to and use of the Sites and any information and/or data is entirely at your own risk. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Sites.

We expressly exclude, to the fullest extent permitted by law, all liability of Direct Wines Limited, its directors, employees or other representatives, howsoever arising, for any loss suffered as a result of your use of the Sites.

All content, text and graphics on the Sites, unless specified, are directed solely at those who access the Sites from the United Kingdom mainland. We make no representation and will not be held liable for any use of the Sites by individuals from other locations.

Information transmitted via the Sites will pass over public telecommunication networks. We make no representation or warranty that the operation of the Sites will be uninterrupted or error free and disclaim all liability in respect thereof.

The Sites may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience and we are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services and are not responsible for or liable in relation to the content or your use of such websites (other than to the extent required by law).

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law.

Termination
We reserve the right to suspend your use of the Sites at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Sites and/or your account with us with immediate effect if you breach any of these Terms.

General
Amendments to these Terms
We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the Sites. By continuing to use the Sites or purchase products, you agree to be bound by the terms of these updates and amendments.

Other important terms
These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.

If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms remain in full force and effect.

Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms without our prior written consent.

These Terms, the Privacy Policy and the Cookie Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.

These Terms were last updated on 29/07/2016.