This Agreement is a contract between the customer (“You”) and De Majestic Vines Limited (Company No. 2015300), a company having its operating address at 3 Fraser Street DUO Tower #10-22 Singapore 189352 (“the Company”). The terms and conditions under which you may use or purchase products from the Company's website are set out in this Agreement. Please read the terms and conditions of this Agreement carefully before the customer registration process and/or placing your order with the Company. By completing the customer registration process and/or placing an order on the Company's website, you acknowledge that you have read and understood the terms and conditions of this Agreement and agree to be bound by the same.
1.1 You must be 18 years of age or older to register, and to purchase alcohol within Singapore and on the Company's website. By placing an order on the Company's website, you confirm that you are at least 18 years old. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 18, the Company reserves the right to institute legal proceedings against you to the full extent permitted by law.
1.2 It is your responsibility to ensure that changes to your personal details are updated immediately.
1.3 The Company reserves the right to suspend or cancel your registration.
1.4 You may cancel your registration at any time by informing us in writing.
1.5 The suspension or cancellation of your registration, and your right to use the Company's website shall not affect either party's statutory rights.
2. Ownership of Rights
2.1 All rights, including intellectual property rights as provided at Clause 21 herein, of the Company's website are owned by or licensed to the Company. Any use of the Company's website or its contents, other than for your own personal, non-commercial use, is prohibited. You may not copy, modify, distribute, transmit, publish, reproduce, repost, create derivative works or in any way use any content on this website for any purpose without the Company's prior written permission.
3. Accuracy of Content
3.1 The Company shall exercise reasonable care in ensuring that the contents of its website are correct to the best of its knowledge.
4. Damage to Your Computer
4.1 The Company shall exercise reasonable care in ensuring that its website is free from viruses or defects. However, the Company makes no representations or warranties whatsoever that your use of its website or any websites accessible through it will not cause damage to your computer. Your use of the Company's website or any websites accessible through it is at your own risk and you assume full responsibility and liability for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the Company's website or any websites accessible through it. The Company shall not be liable for any damages of any kind arising from the use of its website or any websites accessible through it, including but not limited to direct, indirect, incidental, punitive or consequential damages.
5. Password and Security
5.1 On registration, you shall specify a password. To prevent fraud, you must not disclose to or share this password with anyone. If you know or suspect that someone knows your password, you shall be responsible for changing it immediately.
5.2 If the Company has reason to believe there has been a breach of security or misuse of its website, the Company may require you to change your password or may suspend your account without notice to you.
6. Availability of Goods
6.1 All orders placed on the Company's website are subject to the Company's acceptance of the order and availability of the goods prescribed in an order including the packaging (“Goods”). In the event that the Goods ordered are not available, the Company shall contact you through the means you have provided it at registration to inform you of alternative options.
7. Price of Goods
7.1 The prices payable for ordered Goods are set out on the Company's website.
7.2 Prices quoted for all Goods do not include delivery charges.
7.3 Prices of Goods are inclusive of taxes and duty.
7.4 The Company reserves the right to vary the prices of its Goods without notice to you.
7.5 In the event that you are overcharged for any Goods, you shall be refunded the difference.
7.6 If, by mistake, the Company underpriced any Goods or service:
7.6.1 The Company shall not be liable to provide that Goods or service to you at the wrongly stated price provided that the Company notifies you before it dispatches the Goods or provides the service concerned; and
7.6.2 The Company may cancel your order and credit your account or refund you within 30 days any payments you have made; or
7.6.3 You may agree to pay the correct price of the Goods or service in which case the Company shall proceed with your order.
8. Payment Terms
8.1 You shall make full payment for the Goods upon placement of your order on the Company's website.
8.2 Delivery of your order will only be made once full payment for the Goods has been received by the Company.
8.3 The Company reserves the right to decline acceptance of your order.
8.4 Orders can be paid by credit/debit card (Visa/MasterCard/Amex/Diners Club/JCB & Discover).
9. Gift Vouchers
9.1 Gift vouchers may be redeemed through the Company's website.
9.2 Gift vouchers issued by the Company can be exchanged for items listed on the Company's website. Prices of the items to be exchanged should be exactly or higher than the value of the gift voucher.
9.3 Gift vouchers cannot be exchanged for cash or credit.
10. Acknowledgement and Acceptance of Your Order
10.1 The Company shall notify you of the receipt confirmation and acceptance of your order through the means you have provided it at registration.
10.2 No terms and conditions which you may seek to impose and/or vary to these terms and conditions provided herein shall have any effect on this Agreement.
11. Your Cancellation Rights
11.1 Once an order has been accepted by De Majestic Vines, no cancellation of that order is valid unless you receive our written communication permitting the cancelled order. In the event that your order has been successfully cancelled, the Company shall refund you within 30 days any payments made with respect to the cancelled order. For avoidance of doubt, a working day referred to in this Agreement is any day that is not a Saturday, Sunday or Public Holiday in the Republic of Singapore.
11.2 You may cancel your order pursuant to Clause 18.6 provided herein.
12. The Company's Cancellation Rights
12.1 The Company reserves the right to cancel an order placed by you if:
12.1.1 The Company does not have sufficient stock of the relevant Goods to complete your order; or
12.1.2 The Company has identified an error in the price or description of the Goods as provided at Clause 7.6 herein; or
12.1.3 The Company does not deliver to your area; or
12.1.4 On written notice by the Company, your order has been cancelled for a reason not listed above.
12.2 You shall be notified by email if the Company cancels your order. The Company shall provide a full refund within 30 days if payment has been made.
13. Delivery of Goods
13.1 Time of delivery shall not be of the essence of the order.
13.2 Normal delivery hours are between 1-5pm & 6-10pm, from Monday to Friday, excluding Public Holidays in the Republic of Singapore.
13.3 All delivery dates and times are approximate, and the Company shall not be liable for any delay in delivery, however caused.
13.4 Whilst the Company makes every effort to deliver your Goods by the agreed time, the Company shall not be liable if it fails to do so in part or in full due to unforeseen circumstances including but not limited to war, riot, civil commotion, malicious damage, fire, natural disasters, future law or governmental order, rule, regulation or direction, Act of God, or failure of the telecommunications provider in connection with the performance of this Agreement.
In the event that delivery is delayed due to any unforeseen circumstances including but not limited to the unforeseen circumstances listed above, the Company shall contact you to arrange an alternative delivery time.
13.5 The Goods shall be delivered to the address specified on your order.
13.6 The Goods shall be signed for at the time of delivery. Anyone at the address specified on your order who receives the Goods shall be presumed by the Company or its agents to be authorized to receive the Goods on your behalf.
13.7 In circumstances where no persons are available to sign for the delivery of the Goods at the address specified on your order, the Company shall accept your instructions as stated in your order as to where to leave the Goods, and you shall bear full liability for any loss of or damage to the Goods arising therefrom.
13.8 Delivery of Goods to addresses within Singapore shall be made within 2-3 working days from the day the order is placed and its full payment is received by the Company, unless otherwise requested when you place your order.
13.9 Once the Goods have been delivered, they shall be held at your own risk and the Company shall not be liable for any loss of or damage to the Goods thereon.
13.10 International delivery of Goods will be charged; charges and delivery time will vary depending on your requirements. To obtain a quote, or for more information, please contact the Company.
13.11 Some destinations may require an import license or equivalent; local taxes may also apply. Such charges are additional to the order and shall be payable by you. For more information, please contact the Company.
14. Packaging and Wrapping
14.1 The Company does not guarantee delivery of the Goods in its original packaging.
14.2 The Company reserves the right to substitute the packaging or wrapping if necessary. Where applicable, you shall be required to pay for this additional cost.
14.3 The Company reserves the right, but shall not be obligated, to remove or edit any content of any message. Messages deemed rude or offensive by the Company shall not be processed.
15. Risk and Ownership
15.1 Risk of loss of or damage to the Goods passes to you at the time of delivery.
15.2 You shall only own the Goods once they have been delivered to the address specified on your order and when the Company has received payment for the Goods in full.
The Company is committed to providing its customers with an unsurpassed level of service and is equally committed to ensuring it provides a safe and legal product. If any of the Goods or part thereof has been ascertained by the Company to be corked or faulty, the Company shall offer an exchange for the same product. If any Goods have been kept for too long or stored inappropriately by you, the Company may not offer an exchange, refund or to credit your account. If you believe any Goods to be faulty, please email the Company at firstname.lastname@example.org and it shall make arrangements to have the said Goods collected and tested.
16.1 Should you decide to return the Goods due to the Goods or any part thereof being damaged, broken and/or not the quantity or the Goods ordered, the Company shall cover and refund the cost and risk of returning the said Goods. You shall contact the Company in writing within 7 days from the date of receipt of delivery of the said Goods and the Company shall make arrangements for the return of the said Goods.
17. Exchange of Gifts
The Company shall not accept returned gifts.
18.1 You shall notify the Company if you do not receive your Goods within 7 days from the date you placed your order and made full payment where delivery is to a local address and within 21 days from the date you placed your order and made full payment where delivery is to an international address. Upon notification, the Company shall contact you to inform you of your options. The Company's liability to you for non-delivery of purchased Goods is limited to the payment you made for the Goods.
18.2 The Company shall not be liable for any fault or deterioration in the Goods it sells to you after its delivery to you as a result of fair wear and tear, willful damage, accident, negligence by you or any third party, or from your inappropriate handling or storage.
18.3 Neither party shall be liable to the other for any loss resulting from a breach of the Agreement unless, when the Agreement was made, that loss was foreseeable to both parties as a consequence of the breach.
18.4 The Company shall not be liable for any loss resulting from a breach of the Agreement to the extent that it affects some business or commercial activity carried on or proposed by you.
18.5 You shall observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Goods from the Company's website. The importation or exportation of the Goods to you may be prohibited by certain national or international laws. The Company makes no representation and accepts no liability whatsoever in respect of the export or import of the Goods you purchase.
18.6 In the event that you breach any of the terms and conditions stated in this Agreement herein, you shall indemnify the Company against all legal costs and related expenses arising therefrom on a full indemnity basis or to the full extent permitted by law.
18.7 Notwithstanding the foregoing, nothing in this Agreement is intended to or shall limit any rights you might have as a consumer under applicable laws or other statutory rights that shall not be excluded nor in any way exclude or limit the Company's liability to you for any death or personal injury resulting from the Company's negligence.
19. Intellectual Property
19.1 The contents of the Company's website is protected by copyright, trademarks, database right and all relevant intellectual property rights. You may retrieve and display the contents of the Company's website on a computer screen, store such contents in electronic form on disk or print one copy of such contents for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise copy, modify, distribute, transmit, publish, reproduce, repost, create derivative works or in any way use for commercial purposes any of the materials or contents on the Company's website without its written permission.
20.1 Unless otherwise expressly stated in the terms and conditions provided herein, all notices from you to the Company must be in writing and addressed to the Company.
20.2 All notices from the Company to you shall be displayed on the Company's website from time to time.
21. Other Services, Exclusive offers etc.
From time to time, the Company may offer other services, special offers, discounts, or promotions not specifically referred to in the terms and conditions provided herein. Such matters shall be subject, in addition to the terms and conditions provided herein, to additional terms and conditions. By accepting the services, special offers, discounts, or promotions, you agree to be additionally bound by such additional terms and conditions.
22. Changes to Terms and Conditions
22.1 The Company reserves the right to vary the terms and conditions of this Agreement as and when it considers such changes appropriate without prior notice to you. Any variation to the terms and conditions of this Agreement shall be effective immediately upon them being posted on the Company's website. If the variation is unacceptable to you, you shall cease to use the Company's website; if you continue to use the Company's website following such variation, you shall be deemed to have accepted the variation.
23. Third Party Rights
23.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
23.2 This Agreement is personal to you and you may not transfer, assign, or delegate this Agreement to anyone without the express written permission from the Company. Any attempt by you to assign, transfer, or delegate this Agreement without the express written permission from the Company shall be null and void.
24. Insurance for Goods
24.1 The Company shall be responsible for insuring the Goods until the customer's delivery and/or instructions for receipt have been completed, subject to Clauses 14 and 15 of this Agreement provided herein.
25. Warning of Inherent Risks
25.1 You should be aware of the following non-exhaustive inherent risks associated with the handling or consumption of alcoholic beverages: -
25.1.1 Alcohol should be consumed in moderation and never in conjunction with operating a motor vehicle or machinery;
25.1.2 Pregnant persons should not consume alcoholic beverages due to the risk of birth defects;
25.1.3 Alcohol consumption may cause health problems;
25.1.4 Wine bottles are of considerable weight; thus extra care should be exercised when lifting them;
25.1.5 Red wine may cause staining; thus extra care should be exercised when handling it; and
25.1.6 Sparkling wine may be volatile due to the build-up of gases in the bottle, thus extra care should be exercised when opening a sparkling wine bottle.
25.2 The Company shall not be liable for any risks including but not limited to direct, indirect, incidental, punitive or consequential risks that you decide to undertake, save as herein expressly provided otherwise.
26. Provisions are Severable
26.1 Each provision of this Agreement is severable; if any one or more provisions contained in this Agreement shall be deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
27. Governing Jurisdiction
27.1 The validity, interpretation and enforcement of this Agreement and all rights, remedies, powers, obligations and liabilities hereunder shall be governed by the laws of the Republic of Singapore. The parties herein submit themselves to the jurisdiction of the Courts of Singapore.