PRICE ADVISORY SERVICE POLICY

Please read this policy carefully before subscribing for the Price Advisory Service (as defined below) which forms part and parcel of the Seller Terms and Conditions. By subscribing for or using our Price Advisory Service, you agree that you have read this inspection policy (“this Policy”), the User Terms and Conditions (as applicable) which may at our absolute discretion be revised from time to time, and that you understand, accept and agree to be bound by these Terms & Conditions. You agree to review these Terms & Conditions periodically and the continuing access to and/or use by you of our e-Store, the Website or the Mobile App shall be deemed as conclusive evidence of the irrevocable acceptance by you of these Terms & Conditions as they become effective from time to time.

  • Definitions and Interpretations

    • Unless the context otherwise requires and save as specifically defined in this Policy, words and expressions defined in Seller Terms and Conditions shall have the same meanings when used in this Policy, and the following words and expressions shall have their respective meanings set forth hereinbelow:

      Inspected Merchandise” means each of those merchandise having been inspected by us under our Price Advisory Service and stored in our cellar, both subject to this Policy, and a specified logo is be shown on the photo or graphic presentation of the merchandise at our e-Store;

      Price Advisory Service” means, with respect to a Merchandise, those services offered by us to Sellers or potential Sellers with an aim to verify the authenticity or quality of that Merchandise and to advise them of the likely market value of that Merchandise, all subject to this Policy;

      Seller Terms and Conditions” means those terms and conditions governing persons’ listing of merchandise for sale on or use of our e-Store with an intention to list any merchandise thereon for sale as updated from time to time and is provided to the respective Seller at the date of sale or subscription.

    • In this Policy, unless expressed to the contrary or the context otherwise requires:

      • words denoted in the singular only include the plural and vice versa; words denoted in any gender include all genders; and, terms denoting people or persons include both natural and legal persons (such as corporations and other bodies corporate) and vice versa;
      • a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it and, unless expressly provides the otherwise, refers to legislation enacted in Hong Kong;
      • a reference to “Seller”, “user”, “you” or “we” includes that party's personal representatives, successors and permitted assigns and if that party comprises two or more persons, it means each of the persons individually and any two or more of them jointly;
      • the expressions “including”, “include”, “for example” or “such as” shall be construed only as illustration or emphasis and shall not be construed or take effect as limiting the generality or earlier words;
      • another grammatical form of a defined expression has a corresponding meaning; and
      • where time is to be calculated by reference to a day or event, that day or the day of that event is excluded.
  • Description of Price Advisory Service

    • 1.Upon approval of your application for our Price Advisory Service and where available, we shall conduct Price Advisory Service by way of a visual inspection of your merchandise to allow you and users to have a better understanding of the current condition of your such merchandise before listing the same for sale. Such Price Advisory Service would be rendered to your favour subject to this Policy and Seller Terms and Conditions and a fee (the “Advisory Fee”) to be paid directly by you to us in accordance with our prescribed process flow or express instructions (as the case may be).  In general, our inspection practices include looking into the following aspects of the batch of your merchandise:

      • Ullage: we will conduct a visual inspection of the bottle. For bottles fewer than 15 years old, the ullage should sit at the base of the neck or higher; for bottles older than this, ullage should sit no lower than the upper shoulder. Wines with mid-shoulder fills and below are usually recognized as of not good condition unless the bottle is extremely old.
      • Label Authenticity: we will look for dried-on glue, crooked labels, signs of photocopying, and inconsistencies in spelling or word placement.
      • Label Condition: we will check the label and report to you and users on any bottle of wine that has a great deal of writing on the label, or is extremely faded, stained beyond just a few small drops, scuffed beyond recognition, or if vital pieces of information like the producer, vintage, or vineyard is no longer legible;
      • Cork Position: we will check and record wherever the cork does not appear sound and taut. In general, we will report to you if we find any bottle with more than 2mm of cork protrusion at the top of the bottle, and similarly, [2]mm of cork depression. We will also report to you on any signs of seepage, no matter how slight it is;
      • Capsule Condition: we note corrosion is normal in wine bottles, but we will check if the capsule has an actual hole in it, has been torn significantly, worn, cut or stuck to the glass (a possible sign of seepage), and in such event we will report to you and users on the occurrence thereof. In addition, we will test that the wax is intact and consistent in colour and texture compared to other bottles from the same producer; and
      • Wine Colour: in the usual case, we will perform a colour test by shining a flashlight against the bottle and checking the amount of sediment in the bottle.

      You may also be requested to provide a full copy of the original invoice (or other document proof) of your purchase of the merchandise so that we are better equipped to (among others) identify any apparent anomaly on the merchandise.

    • After conducting the Price Advisory Service on the merchandise, if the merchandise is considered, in our opinion, defective, deficient, unsatisfactory, damaged, wrong, counterfeit or otherwise out of condition, we will notify you in writing to the effect that such merchandise is not fit for being listed on our e-Store and will then be returned to the Seller at the Seller’s cost but no Advisory Fee shall be refunded to the Seller.

    • If the merchandise is considered of merchantable quality, the Inspected Merchandise would be directly stored in our cellar for up to three (3) months and listed for sale on our e-Store at the listed retail price recommended by Winestry and approved by you in accordance to the Seller Terms and Conditions and a specified mark would be shown on the photo or graphic presentation of the merchandise at our e-Store. All such Inspected Merchandise stored in our cellar for a period exceeding the said three (3) months will either be returned to you at your costs or, if agreed between you and us, continue to be stored in our cellar upon and subject to your satisfying our prescribed conditions and/or upfront payment of storage fees (“Storage Fee”) of such scale to be determined by us from time to time, and the fee for Price Advisory Service would not be refunded.

    • In case where your merchandise is found to have any of those issues listed in paragraph 1 above during our inspection but accepted to be listed on our e-Store, we will provide you with a summary report (“Inspection Report”) on our conduct of Price Advisory Service on your merchandise, and for any Inspected Merchandise to be listed on our e-Store, you hereby irrevocably authorise us to present such portion or portions of the Inspection Report on our e-Store so that users of our e-Store will be able to appraise the physical condition of your Inspected Merchandise.

  • No warranty

    • The Inspection Report is provided on an “as is, where is” evaluation and for informational purpose only, without warranty of any kind (either express or implied), including but not limited to implied warranties of merchantability and/or fitness for a specific or general purpose. It is not to be regarded as the provision by us and/or our business partner of any guarantee, assurance and representation in relation to the condition and state of the merchandise. In no case shall the Inspection Report be considered a part of the terms and conditions of the sale of the merchandise.
    • The inspection shall be carried out in accordance with a prescribed checklist determined by us from time to time and the information and/or results presented in the Inspection Report shall only be applicable at the time of inspection. For the avoidance of doubt, we and our business partners shall not be responsible for exclusions of any defects and/or deterioration of the condition of the state of the merchandise that may presently exist or that may occur. We and our business partners disclaim all liability with respect to the above. 
    • We and our business partners expressly disclaim the accuracy or completeness of any and all information provided to you regarding the merchandise, whether provided in written, verbal, or digital image form (“Merchandise Information”). No advice or information, whether oral or written, obtained by you from us or from the Price Advisory Service shall create any representation, warranty or guarantee. 
    • You acknowledge and agree that the Price Advisory Service is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Price Advisory Service and/or the Merchandise Information and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
    • All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
    • We disclaim any and all liability or responsibility in relation to the content made available through the Price Advisory Service, including but not limited to the Inspection Report and inspection carried out by our business partner(s), Merchandise Information uploaded by users or any other third party contents and services. We are not responsible or liable in any manner for the third party content and services associated with or utilised in connection with the Price Advisory Service, including the failure of such third party content and services.
    • You acknowledge and agree that we do not represent or warrant that payment of any Advisory Fee and/or Storage Fee will lead to a like, offer, chat and by extension, sale of any merchandise you list for sale on our e-Store.
  • Delivery

    • Unless otherwise specified, please refer to the Seller Terms and Conditions for details of the delivery terms, charges and free delivery threshold. We reserve our right to amend the provisions thereof at any time without prior notice.
  • Suspension and Termination

    We reserve the right to, at our sole discretion, and without liability:

    • suspend or terminate your Account and/or your access to the Price Advisory Service at any time, for any reason, and without advance notice;
    • change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Price Advisory Service at any time, for any reason, and without advance notice; and
    • suspend or terminate your Account and/or your access to the Price Advisory Service at any time due to a breach of this Policy.
  • Limitation of Liability

    YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE INSPECTION SERVICE IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE INSPECTION SERVICE.

    IN NO EVENT SHALL WINESTRY OR ITS SUBSIDIARIES, AFFILIATES, BUSINESS PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE INSPECTION SERVICE OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE INSPECTION SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE INSPECTION SERVICE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WINESTRY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Nothing in this Policy shall apply to or in any way limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or (c) liability which may not otherwise be limited or excluded under any applicable laws and regulations.

  • Sub-contracting of Price Advisory Service

    We reserve the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, business partners, subcontractors and/or agents to perform any part of the Price Advisory Service as we deem appropriate.

  • Miscellaneous

    • We and each of our business partners are independent contractors, and nothing in this Policy shall constitute or be deemed to constitute a partnership, joint venture or relationship of agency, employer and employee between the parties.
    • Each business partner does not have authority to contract or make any representations, undertakings or warranties on behalf of us.
    • You acknowledge that you have not relied on any representation made to you by us, our employees or agents in relation to the Inspection Report, Price Advisory Service and/or Inspected Merchandise.
    • If any provision of this Policy is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Policy shall remain in full force and effect.
    • Except as provided herein, any failure by us to exercise a right or require performance of an obligation in this Policy shall not affect our ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of this Policy constitute a waiver of any subsequent breach.
    • A person who is not a party to this Policy shall have no right to enforce any of terms contained in this Policy.
    • You hereby agree that the laws of Hong Kong shall govern this Policy and that the courts of Hong Kong shall have exclusive jurisdiction over any dispute arising out of or in connection with this Policy.

18 April 2023