Terms and Conditions of Online Sale
As a valued customer of Wine Culture Pte Ltd, it is important that you are familiar with our trading terms. Below is our standard trading terms applicable to all transactions effected over our website. If you any question on our standard trading terms, please feel free to contact our Customer Service Team for assistance.
1. About Wine Culture
a. Wine Culture Pte Ltd (“us”, “our”, “we”, “Wine Culture”) is a private limited company registered in Singapore and have our registered office at 891 Bukit Timah Road, Singapore 589638.
b. Wine Culture is the owner of and operates the website “wineculture.com.sg” (the “Website”). The Website is an on-line platform in which Wine Culture (i) advertises for sale goods (the “Goods” and each a “Good”) described in the Website; and (ii) receives offers to purchase any of the Goods. The Goods and the prices advertised in the Website are Wine Culture’s invitation to treat trade and not an offer to you.
c. You and Wine Culture will form a contract for the sale and purchase of, when (i) you make an offer to Wine Culture to purchase Goods at the price indicated in the Website, in the form of an Order as described by these Terms; and (ii) Wine Culture accepting your Order in the manner described by these Terms. Your offer and Wine Culture’s acceptance are always subject to these Terms.
d. Your purchase of Goods from the Website is subject to the terms and conditions herein, the Returns Policy, the Cookies and Privacy Statement and any Catalogue Terms (collectively referred to herein as these “Terms”). If you do not agree with these Terms, you must refrain from using the Website or making a purchase from the Website.
e. The Wine Culture logo and words are the registered trademarks of Wine Culture.
f. In these Terms:
• “you”, “user”, “member”, and “guest” means anyone who visits and/or uses the Website
• “third party” means any agent or contractor of Wine Culture, or of any of its related entities, and any person engaged by any of them, in the creation, provision or maintenance of the Website or in the fulfilment of Orders (defined below) made through the Website, and includes any of them
• “Orders” means the offers made by you in response to an invitation to treat trade made by Wine Culture via the Website, to purchase Goods at the specified price, subject to these Terms, and “Order” means any one of them.
2. User Agreement
a. By accessing and/or using the Website, you agree that these Terms shall govern (i) your use of the Website; (ii) your relationship with Wine Culture; and (iii) any contract for the sale and purchase of Goods formed in your use of the Website.
b. Wine Culture may amend these Terms at any time without notice to you and your access to this Website may be terminated at any time without notice. Your continued use of the Website following any amendment of these Terms shall be deemed an agreement by you to be bound by these Terms as amended. We recommend you review these Terms for amendments each time you use the Website and before confirming an Order. Whilst we are under no obligation to do so, should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from Wine Culture or third party.
3. Guests and Registered Users
a. You may access and/or use the Website as a member (a “Member”) of the Website or as a guest. As a Member, you will have access to a membership account in your name to be used exclusively by you to submit your Orders.
c. You will receive an email from Wine Culture as soon as practicable after you have created your membership account.
d. Each email address may only be used for one membership account.
e. At all times, you are to use only your membership account and shall not use any membership account in the name of any other member.
f. Please keep your password secured as you are responsible for all activities on your membership account whether effected by you or any other person, whether with or without your authority. You shall notify us immediately if you become aware of any security breach or any unauthorised use of your password or membership account.
g. Your membership account is to facilitate your purchasing Goods using the Website. Notwithstanding anything in these Terms, the ownership of your membership account shall at all times belong to Wine Culture. Wine Culture reserve the right to terminate your membership account at Wine Culture’s absolute discretion without notice and for any reason whatsoever including, if you have breached or Wine Culture suspect you have breached these Terms or Wine Culture suspect that your account has been compromised.
4. Legal Capacity
a. You must be eighteen (18) years of age or above to register and apply for a membership account under the Website or purchase the Goods from the Website.
b. Any Order and/or purchase made by you using this Website is an acknowledgement by you that:
• You are over the age of eighteen (18) years
• You accept and are bound by these Terms
• You agree that you have entered into a legal contract with Wine Culture for use of the Website under these Terms
• these Terms, together with your Order, constitute the entire agreement between you and Wine Culture for the supply of the Goods.
c. To the extent permitted by law, Wine Culture reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage of any kind Wine Culture may suffer as a result of a transaction entered into by a minor.
a. We recommend you carefully review your intended Orders before confirming the same. Once you confirm and make payment of your Order, your Order becomes an irrevocable offer to purchase from Wine Culture the Goods described in your Order.
b. Advertisements of the Goods on the Website shall not be deemed an offer to sell but shall at all times be an invitation to trade. This means that Wine Culture makes no representation that Wine Culture will make available to you any of the Goods on the Website until and unless a contract for the sale and purchase of Goods is formed in the manner described by these Terms.
c. You make an offer via the Website to purchase Goods at the price advertised on the Website by you:
• first, selecting from the Website your choice of Goods to be placed in your intended Order
• secondly, confirming the details of your selected Goods in accordance with the procedure on the Website.
• finally, paying in full (plus any applicable delivery and handling charges) your selected Goods in accordance with the manner of payment described in the Website
d. You will be taken to have communicated to Wine Culture your offer to purchase the Goods only when:
• all requirements set out in 5(c) above have been met.
• the electronic instruction containing your Order enters and is recorded in Wine Culture’s database.
• Wine Culture receives in its account full payment from you for the Goods (including any applicable delivery and handling charges) in your Order and confirmation of that payment is received by our database and/or Wine Culture’s courier partner.
6. Order confirmation and acceptance of Order
a. You acknowledge that:
• the confirmation of the details of your selected Goods or the confirmation of any payment, made through an electronic instruction may not be received by Wine Culture for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems.
• to the fullest extent permitted by law, Wine Culture is not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the Website, or any failure to receive confirmation of the details of your selected Goods or your payment for Goods.
• Wine Culture may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to you.
• Wine Culture may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
b. After you have successfully communicated to Wine Culture your offer to purchase Goods in the manner stated in 5(d) above, Wine Culture will, as soon as practicable, send you an email (the “Email Confirmation”) to confirm receipt of your Order. Please note that an Email Confirmation is only an acknowledgment of receipt of your Order but does not constitute acceptance of your Order. If you have any questions regarding your Order you may contact the Customer Service Team.
c. Wine Culture may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the Goods on the website, or an error of any kind in or relating to your Order.
d. Any representations made at any time about stock availability are accurate to the last known stock level and are subject to change. If Wine Culture cannot supply any particular Goods for any reason whatsoever, Wine Culture will notify you by telephone or email as soon as practicable and arrange for a full refund without any interest of any payment made by you for that particular Goods to your bank account as advised.
A legally binding contract for the sale and supply of such Goods under the relevant Order shall be formed between you and Wine Culture upon Wine Culture accepting your Order. Any term sought to be imposed by you in your Order will not form part of the contract.
a. Prices shown are in Singapore dollars and include taxes, duties and GST (where applicable).
b. Prices does not include delivery, handling charges, and insurance.
c. Prices are valid until amended or removed from the Website and are subject to change at any time.
d. Each published saving in respect of Goods on the Website is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Wine Culture.
e. Images of the Goods shown without any advertised price beside that image are not offered for sale.
f. Unless otherwise stated, accessories shown in any image of the Goods are not included in the price.
g. We reserve the right to correct any errors published on the website at any time.
8. Supply and Delivery
a. Subject to (i) you complying with these Terms; (ii) Wine Culture’s right not to supply any particular Goods; and (iii) Wine Culture’s acceptance of your Order, Wine Culture will deliver to you the Goods shown in your Order and as reflected in the Email Confirmation.
b. When you complete your Order, you will be prompted to select to have the Goods in your Order delivered to an address specified by you. The address must be an address within the geographical limitation in Clause 9(b) below.
c. Wine Culture will endeavour to dispatch the Goods as soon as practicable. For shipments of Goods to addresses outside of Singapore, Wine Culture will endeavor to secure the earliest shipping schedule that is available to your destination.
d. Delivery dates are estimates only and Wine Culture shall not be liable for any delivery beyond a specified time howsoever caused.
e. You shall ensure that you or your representative is present at your designated address on the delivery date to receive the Goods. Wine Culture or its delivery agent is under no duty to enquire or ensure that the person receiving the Goods at your designated address is you or your representative. If at the time of delivery, there is no person to receive the Goods at the designated address, Wine Culture will charge you and you shall be liable for all costs incurred in storage, transport and re-delivery of the Goods.
9. Delivery by Post or Courier
a. The terms of this clause 9 shall apply when you select to have your Order delivered to a specified address.
b. The delivery address cannot be a freight forwarding location. Deliveries cannot be made to P.O. Boxes and any other location where it is prohibited by law or regulations to effect such deliveries and such other locations which Wine Culture may name from time to time.
c. If you order large or bulky items, Wine Culture will contact you by telephone or email to arrange with you a suitable time for delivery.
d. You will be required to be available in person to accept delivery of your Order. If you wish for your authorized representative to accept delivery on your behalf, please state the identity of your authorized representative as the time you place your Order.
e. If you wish to change the delivery date or delivery address you must contact the Customer Service Team at least 48 hours prior to the dispatch of your Order.
f. You must inform us, at the time of placement of your Order via the Website, any difficulties that may be involved in the delivery of your Order (such as but not limited to the presence of stairs or narrow entries). If you do not so inform us, and on arrival the delivery contractor deems it to be a difficult location for delivery of your Order, you will be liable for any extra charges including but not limited to redelivery fees and the cost of any extra persons required to assist in the delivery or redelivery (as the case may be).
g. Wine Culture will use its reasonable endeavours to deliver your Order within any stated timeframes for dispatch, however Wine Culture does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
h. Wine Culture shall not be responsible for delivery failures or delays by our third party delivery contractor.
10. Title and risk in goods
Title and risk in the Goods in your accepted Order shall pass to you upon full payment has been received by Wine Culture.
11. Payment and credit card fraud
To the fullest extent permitted by law, Wine Culture and its related entities will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a credit/debit card, PayPal account or other payment method is fraudulently used or is used in an unauthorised or improper manner.
12. Disclaimer and Indemnity
a. To the fullest extent permitted by law (and without limitation to any other provision of these Terms), you hereby agree to exclude Wine Culture, and each of its related entities, from any and all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website (or any Goods purchased on the website) including, but not limited to, loss or damage you might suffer as a result of:
• errors, mistakes or inaccuracies on the website.
• you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website.
• personal injury or property damage of any kind resulting from your access or use of the website.
• any unauthorised access to or use of the websites secure servers.
• any interruption or cessation of transmission to or from the website.
• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party.
• the quality or fitness for any purpose of any linked sites.
b. Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, Wine Culture and its third parties shall not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the Website or any goods or services purchased on the Website.
c. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods on the Website. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any Goods are suitable for your purposes.
d. You will at all times indemnify, and keep indemnified, Wine Culture, and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms.
13. Order Enquiries
If you have any query about the progress of your Order, please contact the Customer Service Team. Please have your Order number ready as shown on the email confirmation of your Order.
14. Returns policy
Goods sold are not returnable. We also do not accept exchanges of one product or item with another after shipment has been made. Wine Culture will not provide you with a refund or exchange simply because you changed your mind.
Wine Culture shall not be liable for any delay in performing any of its obligations if such delay is caused by circumstances beyond its reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
15. Governing Law
a. These Terms shall be governed by, and construed in accordance with, the laws of Singapore and the Parties hereto agree to submit to the non-exclusive jurisdiction of the Singapore courts.
b. Notwithstanding the generality of the foregoing, we shall be entitled to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
If any of these Terms (or part thereof) are found to be void, invalid, unlawful or unenforceable then such provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these Terms shall remain in full force and effect.
17. Transfer and Assignment
You hereby acknowledge and agree that in the event Wine Culture merges, sells or otherwise changes control of its business or this website to a third-party, Wine Culture shall be entitled, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Wine Culture has collected from you and any agreements it has made with you.
The failure by Wine Culture to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Wine Culture.
As a valued customer of Wine Culture, we would like you to be familiar with our trading terms, to ensure that your Wine Culture experience is a satisfying one. Please feel free to contact our Customer Service Team if you have any further questions.
To withdraw the consent provided above at any time, or to make inquiries about the data and its collection, please contact the data protection officer, Ms Joanne Woo ([email protected], phone: 64633888)