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SELLER TERMS AND CONDITIONS

IMPORTANT NOTICE: It is illegal to sell alcohol to people under the age of 18. By placing an order, you must confirm that you are 18 years old or above. You must ensure that no other person shall use your login to purchase alcohol products and a person aged 18 or above (identification required) must be present to take delivery, otherwise delivery shall be withdrawn and attempted at another time agreed between you and us.

  • General

    Please read these terms and conditions carefully before listing merchandise for sale on or otherwise using our e-Store (as defined below) with an intention to list any merchandise thereon for sale. By submitting your Seller Application Form (as defined below) or otherwise listing your merchandise for sale on or using our e-Store (as defined below), the Website (as defined below) and/or the Mobile App (as defined below) or any part of it, you agree that you have read the following terms and conditions, the Special Terms and Conditions (as defined in section N of these Seller Terms and Conditions) that are applicable to you (if any), the User Terms and Conditions (as defined below), the Privacy Policy (as defined below), the Price Advisory Service Policy (if applicable) (as defined below) and any other policy and term adopted by Winestry (collectively, “these Terms & Conditions”) 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 website (the “Website”) or its mobile app (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, in these Terms & Conditions,

      “content” includes any or all text, graphics, logos, icons, photographs, images, videos, moving visual representational images or a combination of sounds and any of the foregoing, audio, computer programmes, and other materials featured, displayed or used in or in relation to our e-Store, the Website and/or the Mobile App;

      “e-Store” means the Website, the Mobile App and/or our other services and offerings (as the case may be) through which you may view and place merchandise available for sale thereat with us;

      “Hong Kong” means The Hong Kong Special Administrative Region of the People's Republic of China;

      “Inspected Merchandise” has its meaning ascribed to it under the Price Advisory Service Policy;

      “intellectual property rights” includes any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world;

      “merchandise” means the goods (including wine) or services which you may list them available for sale at or through our e-Store;

      “Price Advisory Service Policy” means the policy of Winestry with respect to our Price Advisory Service as updated from time to time;

      “Price Advisory Service” has its meaning ascribed to it under the Price Advisory Service Policy;

      “Privacy Policy” means the privacy policy of Winestry as updated from time to time and is shown at [URL];

      “Seller”, “you” or “your” is a reference to the person, firm, company or any other body corporate or unincorporated which accesses to or uses our e-Store and make any merchandise available for sale with us, whether in the capacity or a seller, merchant, contributor of content, or any agent, consultant or contractor thereof or otherwise;

      “Seller Application Form” is a reference to a form for application to become a Seller as prescribed by us from time to time;

      “user” or “Buyer” is a reference to the person, firm, company or any other body corporate or unincorporated which accesses to or uses our e-Store, the Website and/or the Mobile App and/or places an order of merchandise at our e-Store;

      “User Terms and Conditions” means those terms and conditions governing persons’ access to and/or use of the Website or the Mobile App as updated from time to time and is shown at [URL];

      “Winestry”, “we”, “us” or “our” is a reference to [Great Wall Belt & Road International Limited] which establishes, develops and operates the e-Store under the brandname “Winestry”; and

      a “working day” means a day (other than Sunday) on which commercial banks in Hong Kong are open for business.

    • In these Terms & Conditions, 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” 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.

  • Registration and Account

    • You are required to register with us for an account (“Account”) with us before you are allowed to use our e-Store or any of our other services, or offer any merchandise for sale on our e-Store. By registering you are making a statement, upon which we are entitled to rely, that (i) if you are an individual, you are aged 18 years or above or (ii) if you are representing another person (“your principal”), you have authority at all times to bind your principal to these Terms & Conditions, and in both cases are capable of forming a legally binding contract. In consideration of your use of our e-Store or any of our other services, you irrevocably and unconditionally agree to:

      • provide true, accurate, current and complete information about yourself and (if applicable) your principal during registration and promptly update such registration information thereafter. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account without notice;
      • safeguard your username and password with reasonable care;
      • authorise us to assume that any person using our e-Store, the Website and/or the Mobile App with your username and password is either you yourself or is authorised to act for you; and
      • perform and observe our prevailing policies and guidelines (which form part and parcel of these Terms & Conditions) and all applicable laws, rules and regulations with respect to your activities and the content which you upload to our e-Store.
    • Unless expressly permitted by us and subject to these Terms & Conditions and any other additional terms and conditions as we determine in our absolute discretion, you shall not set up or register for multiple Accounts. You shall not lend, transfer or sell your Account or other information to another person and must not use another person's Account without their and our permission.
    • Without prejudice to the generality of the preceding clauses, you together with your principal hereby acknowledge, confirm and agree that:
      • all of the merchandise and items listed by you on our e-Store are sourced with funds, and all funds received by us in connection with any services provided to you, are of non-criminal origin to the best of any knowledge, information and belief, and are not derived from fraud or other fraudulent or illegal practices in contravention of any applicable laws, rules or regulations of any governmental authority (including Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) (“AMLO”), United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575), Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405), Organised and Serious Crimes Ordinance (Cap. 455)), or representing in whole or in part, directly or indirectly, proceeds obtained from the commission of an indictable offence under the laws of Hong Kong, or of any conduct which if it had occurred in Hong Kong would constitute an indictable offence under the laws of Hong Kong or indeed from any illegal activity whatsoever.

      • neither you nor your principal:

        • has any record of criminal activity or criminal record in any jurisdiction worldwide.
        • is a person against whom a bankruptcy, winding up, receivership or administration order or an interim order has effect or in respect of whom a bankruptcy, winding up, receivership or administration restrictions undertaking is in place.
        • is an undischarged bankrupt.
        • is a politically exposed person as defined in Schedule 2 to AMLO or otherwise an individual who is or has been entrusted with prominent public functions by a country or administrative region such as Head of State or of government, senior politician, senior government, judicial or military official, senior executive of state-owned corporation, or important political party official.
      • you shall not use the payment or settlement services associated with our e-Store (“Payment Services”) in connection with any content, business or activities in contravention of these Terms & Conditions or terms, conditions, rules or policies of our payment service provider(s) from time to time. We reserve the right to take all steps to ensure that you do not use the Payment Services in connection with such businesses or activities. Any transactions involving any such content, businesses or activities shall be void, and you agree that we may, at our sole discretion, refund or procure a refund the relevant payment to the relevant party for such transactions minus any transaction, service and/or administration fees that may be charged by us and/or our service providers, subject to any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction.

  • Use of our e-Store

    • Subject to your performing and observing these Terms & Conditions, you are granted with a limited, non-exclusive, revocable (with or without cause) and non-transferable licence and right to use our e-Store for the purpose of or associated with making your merchandise available for sale on our e-Store.

    • You shall use our e-Store in strict compliance with these Terms & Conditions and shall:

      • ensure that all merchandise and other items listed or attempted to be listed on our e-Store are obtained legally, and must not be prohibited from selling, distributing or offering to the general public under any applicable laws, rules or regulations, and must comply with these Terms & Conditions and all of our applicable policies;
      • provide a fair, accurate and not misleading description of each merchandise, including (in the case of such merchandise being wine) vintage, provenance, authenticity, quality and condition thereof, and other items listed or attempted to be listed on our e-Store, including the price for that merchandise and item, and shall be listed in the appropriate category provided on our e-Store;
      • be solely responsible for providing and shall make every effort to ensure that prices (which must be in Hong Kong dollars), details and sizes of merchandise you offer at our e-Store are up-to-date and the descriptions thereto are as true, accurate and not misleading as possible;
      • not upload or procure any content or otherwise make an offer that violates or infringes any applicable laws, rules or regulations (including but not limited to those of or relating to the Trade Descriptions Ordinance (Cap. 362), or import/export of merchandise or customs duties that may be imposed thereon), or other party’s rights of publicity, privacy or intellectual property rights, or otherwise deemed to be unlawful, harmful, threatening, abusive, harassing, or potentially infringing, vulgar, obscene, defamatory, hateful, offensive, or contains sensitive words or otherwise inappropriate;
      • not engage or attempt to engage any illegal or unethical transaction via our e-Store, including causing, procuring, encouraging or permitting any person to commit any illegal or unethical act;
      • not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Website and/or the Mobile App;
      • not make any modification, adaptation, improvement, enhancement, translation or derivative work from our e-Store, the Website and/or the Mobile App;
      • not use our e-Store in violation of or to circumvent any sanctions or embargo;
      • not remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of us or our affiliates, partners, suppliers or licensors or other Sellers;
      • not use our e-Store, the Website and/or the Mobile App for any purpose for which it is not designed or intended;
      • not use our e-Store to create or promote a merchandise or other product, service or software that is, directly or indirectly, competitive with or in any way a substitute for our e-Store or any services, product or software offered by us;
      • not use any proprietary information or interfaces of or used by us or any other intellectual property rights of or used by us in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with or in our e-Store, the Website and/or the Mobile App;
      • not use the Website and/or the Mobile App to send, post, or otherwise communicate any content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable;
      • not use the Website and/or the Mobile App to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters;
      • not upload to, or transmit through the Website and/or the Mobile App any data, file, software or link that contains or redirects to a virus, Trojan Horse, worm or other harmful components;
      • not use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Website and/or the Mobile App, or any data or content found or access through the Website and/or the Mobile App;
      • not collect any information in respect of any of the users without consent of us and those users;
      • when inserting a photo or other visual content on our e-Store to describe a merchandise offered for sale on our e-Store, only use a photo taken on the specific merchandise so offered for sale which (in the case where the merchandise being a bottle of wine) indicates the exact bottle and vintage. For the avoidance of doubt, any “stock photo” or any other photo or other visual content that is sourced elsewhere will not be accepted;
      • not commit any act to avoid paying any applicable fees and/or charges under or associated with these Terms & Conditions;
      • not attempt to and/or engage in any act or activity that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through our e-Store, which act or activity includes but is not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory; and
      • not authorise, permit or encourage any person to commit or attempt to any of the foregoing.
    • Without prejudice to your obligations to comply with the foregoing provisions, we reserve our rights to accept or reject any of the merchandise that you list or attempt to list for sale on our e-Store, and to remove any of your listed merchandise from our e-Store by giving you a notice. We also reserve the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your Account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms & Conditions, our guidelines, any additional terms and conditions and policies.

  • Additional Services

    • You may also acquire, redeem and/or obtain additional services, features and/or functionalities (each, an “Additional Service”) offered by us for access and use of such Additional Services via a subscription service or any other methods made available on our e-Store, the Website and/or the Mobile App or as may be notified to you from time to time. Any such acquiring, redeeming and/or obtaining Additional Services shall be in accordance with the policies, rules and regulations in force from time to time which are referenced herein by hyperlink, and forms part and parcel of these Terms & Conditions.
    • We reserve the right at our discretion to amend, suspend and/or terminate all or any part of any Additional Services therein, or the applicable terms, conditions and policies respectively, or the types of content or services offered on or via our e-Store, the Website and/or the Mobile App, or the subscription period and rates for such additional services. If at any time we require a fee for any features or functionalities of an Additional Service that are now free, we will give you a prior notice of such fees before the same being levied on you.
    • In the case of a subscription Additional Service, your subscription will continue and be renewed automatically on a monthly/yearly basis (each, a “billing cycle”) after the first billing cycle until you expressly instruct us that you wish to terminate your relevant subscription by providing us with written notice of non-renewal at least thirty (30) days’ before the expiration of the applicable billing cycle. All such notices should be made to [email address]. Unless otherwise stated by us, any renewal of your subscription will be on the then prevailing subscription terms, conditions and policies thereof.
    • You shall be bound by any specific terms governing payment, subscription fees, minimum subscription periods, entitlements to any gift or premium under any promotion, termination fees and delivery fees which are applicable to your Additional Service subscription, as set out in our application forms for the relevant subscription packages and payment terms you have selected.
    • Your application for any Additional Service is subject to our acceptance. We will try to process your application in due course but does not guarantee that the Additional Service will be available to you by any specified time, even if an estimated time is indicated. The agreement with you for your obtaining and enjoyment of the Additional Service will come into effect only when you receive a confirmation of your subscription from us.
    • While, in usual cases, your subscription of an Additional Service will expire or be terminated upon expiry of a billing cycle, if an Additional Service is terminated or suspended on any ground whatsoever prior to the expiry of the relevant billing cycle (or the minimum subscription period, if applicable), unless otherwise agreed by us in writing, any subscription fees so paid will not be refunded or carried over in settlement of other fees, charges or other monies payable by you to us under these Terms & Conditions, and will be forfeited absolutely.

  • Fees and Payments

    • Depending on the type, number and price of merchandise listings you choose to list on our e-Store and any Additional Services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, and other fees, charges and commissions in relation to your Account or listing (collectively, “Our Fees”).
    • You may pay Our Fees using a credit/debit card (Visa, MasterCard and American Express) issued in Hong Kong or by way of telegraphic or other electronic means of transfer. You may also pay Our Fees through any of the methods as may be made available on our e-Store, the Mobile App or as may be notified to you from time to time. When you [register an Account with us] or place a listing of merchandise on our e-Store or apply for any service or Additional Services with us, you irrevocably authorise us to debit from such mode of payment you specify on your registration and/or application for the amount of Our Fees at the time our acceptance of your registration and/or application is acknowledged and you represent that you are authorised to make such payment.
    • We use third-party payment services to process online transactions. When you [register an Account with us] or place a listing of merchandise on our e-Store or apply for any service or Additional Services with us, you agree and accept that your debit/credit card (or any other mode of payment) information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making debit/credit card and other online transactions, and in no event shall any such losses in whole or in part be borne by us.

    • You acknowledge and agree that:

      • we do not represent or warrant that any of Our Fees paid or payable will lead to a like, offer, chat and by extension, sale of any merchandise you list for sale on our e-Store;
      • In the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit/debit card, your credit/debit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your subscription will automatically be suspended and/or terminated if payments are not received within 7 days from due date;
      • if your credit/debit card has expired, or if you wish to use a different credit/debit card, please notify us promptly by sending an email to [email address] at least 14 days before your next subscription fee payment is due. Please indicate “Account No. [please insert your Account No. here] - Expiry/Change of Payment Details” at the subject header;
      • save as set out in this Clause, all of Our Fees and/or other monies paid by you to us with respect to your Account or otherwise for your access to and use of our e-Store and/or Additional Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any of Our Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms & Conditions; and/or (ii) any content uploaded by you has been removed in accordance with these Terms & Conditions;
      • you shall make prompt payment of all of Our Fees, in full before the due date stipulated by us for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to us, without prejudice to any other rights or remedies available to us, we shall be entitled to: (i) terminate and/or suspend your Account and/or your access to our e-Store, the Website and/or the Mobile App or Additional Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Our Fees and any legal fees and collection costs incurred by us in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
      • in the event your Account is suspended or terminated for any reason, any amounts due on your Account will immediately become due and payable. We reserve the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
      • you are responsible for collecting and paying any taxes, duties and other levies associated with using and making sales through our e-Store, the Website and/or the Mobile App. Depending on the legislation of your tax residence, value added tax, goods and services tax or similar consumption tax might apply in addition to Our Fees.
    • All merchandise prices listed on and all of Our Fees are in Hong Kong dollars. The applicable price, fee, charge and commission shall be that listed on our e-Store or notified to you as at the date of sale or subscription.

  • Delivery

    • When a Buyer places an order for any merchandise listed by you on our e-Store (“your merchandise”) which is accepted by you, you are solely responsible for delivering or causing to be delivered sold items to us in a professional and business-like manner at an address in Hong Kong and during such opening hours as designated by us from time to time within 2 working days from the day on which you are notified that such order was placed (or otherwise expressly agreed between you and us) and may otherwise be reasonably rescheduled due to adverse weather conditions at your own costs. You shall also be responsible for taking all precautions to package the merchandise, at your costs, according to industry standards to minimise the possibility of damage.
    • Subject to the Buyer settling the price of the merchandise and all other fees and charges including the delivery charge (if any) which we shall in our discretion determine if those have been discharged and satisfied, we will be responsible for arranging or procuring the delivery of the sold merchandise to the Buyer at a designated address in Hong Kong and in the delivery time slots selected by Buyers upon and subject to the User Terms and Conditions. We reserve our right to amend the provisions thereof at any time without prior notice. The Seller shall assume full responsibility for any packaging charges of the merchandise.
    • The title to the merchandise and risk of loss and/or damage of the merchandise passes to the Buyer from you upon receipt of the merchandise by the Buyer. The Company will not reimburse you or the Buyers for lost or damaged delivery.
    • For the delivery terms and conditions of Inspected Merchandise, please refer to the Price Advisory Service Policy for details.

  • Return, Exchange or Refund

    • All merchandise sold and/or transacted at or through our e-Store are subject to these Terms & Conditions with respect to return, exchange or refund of merchandise which are binding on you. In the event that you incline to impose your return or exchange policy on any and all Buyers and potential Buyers in addition to or in lieu of these Terms & Conditions, you must upload such content on the relevant section of our e-Store in a legible and readily understandable form and manner.
    • Unless otherwise superseded or replaced by your return or exchange policy which is provided or made available to Buyers on our e-Store in accordance with these Terms & Conditions, a Buyer of your merchandise may submit a claim for refund of merchandise within [24] hours of the time of delivery regarding subject items, or any merchandise with a shortage, or otherwise out of condition (except for acceptable conditions including lapse of peak drinking window of wine, natural variations of conditions of cases, labels and corks for wines, cork failure, cork taint etc.) through our customer service hotline, the Website or the Mobile App, and we shall be in our reasonable judgement determine whether such claim is valid for a full refund by and/or return of your merchandise to you or any other remedy as we see appropriate, all at your costs. You shall also be liable for the additional packaging and delivery costs of return or exchange of merchandise. We shall not undertake any responsibility for judging such claim or inspecting the returned merchandise (saved for Inspected Merchandise).
    • Notwithstanding anything in these Terms & Conditions to the contrary, we shall not be liable for any failure to meet any obligations caused by circumstances beyond our reasonable control including but without limitation, acts of God, war, flood, fire explosion, civil disobedience, governmental action, legislation not in force at the of the time of promulgation of these Terms & Conditions, restraints imposed by governments or any other regulatory authorities, labour disputes, trade disputes or delays of parties over which we have no reasonable control.
    • In case of any dispute, our determination shall be final and binding on you except manifest errors.

  • Proceeds

    All the payments that you have earned from selling merchandise through our e-Store (net of Our Fees and other monies payable to us) will be accepted through your Account and reflected as a credit balance ("Balance"), after certain conditions have been met within a specified time period notified to you as at the date of sale or subscription. Such conditions include the establishment and verification of information in respect of the following items by us and/or our payment service providers, using reliable and independent sources, and retention of reference documents used in such verification:

    • where you are representing your principal, the identities of all directors, partners and persons having executive authority as if such persons were themselves a Seller;
    • your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account);
    • the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner; and

    • as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.

      We have the right at all times to offset against any amounts due to you, and withhold therefrom, any amount due by you to us (including Our Fees and other monies payable to us) under these Terms & Conditions. This clause survives termination of your Account on any ground whatsoever.

      You may transfer the available Balance to your linked bank account and/or debit card by submitting a transfer balance request (each, a “Transfer Balance Request”) which, subject to these Terms & Conditions, will take place within 14 working days following the expiry of the month in which you submit the Transfer Balance Request to be credited to your linked bank account and/or debit card.

      No fees will be imposed for each Transfer Balance Request. Notwithstanding anything to the contrary herein, we reserve the right to amend and/or impose any rates and/or fees for any transfer of Balance, with at least ten (10) days prior notice to you. Your continued use of our e-Store after such notice constitutes your acceptance of the updated rates and/or fees.

  • Disclaimer and Limitation of Liability

    • You agree that you are listing merchandise on or otherwise making use of our e-Store, the Website and/or the Mobile App at your own risk, and that they are being provided to you on an “as is” and “as available” basis. We make no warranties, express or implied, with respect to our e-Store, the Website and/or the Mobile App and your access to our e-Store, the Website and/or the Mobile App or any part of it will be uninterrupted, accurate, reliable, timely, secure, or free from fault, viruses or other harmful components. To the fullest extent permitted by law, we hereby disclaim all warranties, express or implied, on our services will be provided with due care or diligence or any merchandise made available on our e-Store, the Website and/or the Mobile App, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    • You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.

    • Wine is fragile and perishable in nature. To the extent permitted by law, neither we, our subsidiaries, holding companies, subsidiaries of such holding companies nor any officers, directors, employees, agents, business partners or associates, consultants or contractors of any of the foregoing (collectively, “our associated parties”) shall be liable for:

      • any damages whatsoever resulting directly or indirectly from:

        • your use or misuse of or your inability to use our e-Store, the Website and/or the Mobile App, or otherwise our e-Store, the Website and/or the Mobile App, any merchandise or our other services being unavailable,
        • any delays or disruptions in our e-Store, the Website and/or the Mobile App or any merchandise or our other services (including any delivery, transportation or any other handling whatsoever of your merchandise) being made available or any negligent provision of merchandise or our services,
        • any damage to your merchandise or deterioration of its quality or (in the case of bottled wine) any physical movement or damage of or to the label, cork, capsule, wax or any other part or kind of damage whatsoever thereof during the course of or associated with the transactions on sale of your merchandise or our other services (including any delivery, transportation or any other handling whatsoever of your merchandise) being made available or any negligent provision of merchandise or our services;
        • any information or content provided or procured by you or other third parties via hypertext links or otherwise,
        • any errors or inaccuracies of any kind in our e-Store, the Website and/or the Mobile App,
        • viruses or other malicious software obtained by accessing or linking to our e-Store, the Website and/or the Mobile App,
        • any suspension or other action taken with respect to your account by us,
        • any misrepresentation on or relating to our e-Store, the Website and/or the Mobile App, any merchandise or our other services; nor
      • any indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), including loss of profits, business or goodwill, arising out of, relating to, or in any way connected with any issue you notify us.
    • You must strictly observe and comply with all applicable laws, rules and regulations relevant to your sale of merchandise, including obtaining all necessary customs, import or other permits to sell merchandise to Buyers. We make no representation and accept no liability in respect of export, import or otherwise movement of any merchandise you sell beyond the jurisdiction of Hong Kong.
    • Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such cases, our obligations, where permitted by law, will be limited to the resupply of our services to you.
    • Notwithstanding the above, in no event shall the aggregate liability to you or to any third party owed by us and our associated parties exceed the lesser of (i) [an amount equivalent to 3 times the price of the merchandise in dispute] or (ii) [HK$50,000.00]. Furthermore, you agree that any cause of action arising out of, related to, or in any way connected with the site or these terms of use must commence within one (1) year after the cause of action accrues. Causes of action brought outside this time period are waived absolutely.
    • Each of the above exemptions, exclusions and limitations shall be construed as a separate, severable and independent provision of these Terms & Conditions.

  • Your Warranties and Indemnity

    • You represent, warrant and covenant that you will not:

      • use our e-Store, the Website and/or the Mobile App for any fraudulent or unlawful purpose;
      • use our e-Store, the Website and/or the Mobile App to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including others’ privacy rights or rights of publicity;
      • interfere with or disrupt the operation of our e-Store, the Website and/or the Mobile App or the servers or networks used to make the Website and/or the Mobile App available; or violate any requirements, procedures, policies or regulations of such networks;
      • transmit or otherwise make available in connection with the Website and/or the Mobile App any virus, worm, Trojan Horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
      • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our e-Store, the Website and/or the Mobile App;
      • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website and/or the Mobile App;
      • frame or mirror any part of the Website and/or the Mobile App without our express prior written consent;
      • create a database by systematically downloading and storing any content or user contents of or relating to our e-Store, the Website and/or the Mobile App; and
      • infringe any copyright, design right and intellectual property rights in any merchandise or any part of our e-Store, the Website and/or the Mobile App.

    • Without prejudice to the foregoing, as a Seller, you represent, warrant and covenant that:

      • If you are an individual, you are at least 18 years of age.
      • You are not insolvent and will not be rendered insolvent by any transaction with or through us.
      • you are the sole legal and complete owner of all of your merchandise and has the exclusive right, title and authority to offer your merchandise for sale. Good, valid and marketable title of your merchandise will pass to such user having agreed or otherwise committed to buy such merchandise on or through our e-Store, the Website and/or Mobile App free and clear of all liens (including warehouse liens), security interests, encumbrances, claims and restrictions of any kind or nature.
      • all of your merchandise are obtained legally, and must not be prohibited from selling, distributing or offering to the general public under any applicable laws, rules or regulations, and you must comply with these Terms & Conditions and all of our applicable policies;
      • none of your merchandise is a counterfeit or infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights;
      • the sale of your merchandise complies with all laws and regulations which apply to them;
      • none of your merchandise is dangerous, hazardous or subject to a recall by a government or manufacturer or has been subject to any fluctuation in light, temperature, humidity or other condition likely to adversely affect its condition or value;
      • none of your merchandise has been modified or re-conditioned in any manner;
      • all contents in any listing of your merchandise does not infringe or violate any applicable laws and regulations, intellectual property rights or proprietary rights of a third party, and no third party would have any right to prohibit or restrict in any respect our right to list and offer any of your merchandise for sale on our e-Store, the Website and/or the Mobile App, or to reproduce (in any manner or in any media) photographs, illustrations or any text of any information of, about or relating to your merchandise;
      • all offers made and accepted through our e-Store are binding on you;

      • when an user’s placing of an order of any of your merchandise is accepted:

        • you shall deliver or cause your merchandise to be delivered to us in a prompt manner in compliance of these Terms & Conditions;
        • you shall not alter the price of your merchandise so sold after a sale, or misrepresent your merchandise's location and price; and
      • During the course of communicating with a user through our e-Store, the Website and/or the Mobile App, you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of expressly communicated with that user.

    • You agree to indemnify, defend and hold harmless us and our associated parties from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including interest, penalties, and legal fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or relating to:

      • your access to or use or misuse of our e-Store, the Website and/or the Mobile App;
      • your information;
      • any actual or alleged violation or breach by you of these Terms & Conditions or of any representation, warranty or covenant that you have made to us or the relevant Buyers;
      • your violation of the law;
      • your negligent or wilful misconduct; or
      • your violation of the rights of any third party.

  • Personal Data and Cookies

    • All personal data held by us will be kept confidential and in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) but you agree that we may disclose or provide such data to the following parties :

      • subsidiaries, holding companies, associated companies or affiliates or companies controlled by or under common control with us;
      • any other person who is under a duty of confidentiality to us who has undertaken to keep such information confidential; and
      • any financial institutions, charge or credit card issuing companies, credit information or reference, or collection agencies necessary to establish and support the payment of any services being requested.
    • During your use of the Website and/or the Mobile App, we may issue to and request from your computer blocks of data known as “cookies”. You must not alter any cookies sent to your computer from the Website and/or the Mobile App and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Website and/or the Mobile App. Cookies enhance the performance of the Website and/or the Mobile App by providing a secure method for user identification and improving navigation. Your privacy and security are not compromised when you accept a cookie from the Website and/or the Mobile App.
    • Our Privacy Policy, a copy of which will be provided upon request, is incorporated into and forms part of these Terms & Conditions.

  • Intellectual Property Rights

    Without prejudice to other provisions contained in these Terms & Conditions, all copyright and other intellectual property rights that vest in the works comprised within our e-Store, the Website and/or the Mobile App or ancillary to it (other than the contents provided by you) are owned by us or our related companies or are licensed to us by Sellers or other third parties. We hereby reserve all intellectual property rights in any services offered by us, including without limitation the contents of the Website, the Mobile App and the domain name. Any use by a user of our e-Store does not entitle the user or any other person, company or organisation to claim ownership or right of any intellectual property or similar rights in the content of our e-Store, the Website and/or the Mobile App.

  • Terms and Conditions, Privacy Policy and Special Terms and Conditions

    • These Terms & Conditions, together with our User Terms and Conditions, Privacy Policy and Price Advisory Service Policy, all as may be amended from time to time in our discretion, and Special Terms and Conditions (as defined below), govern your listing of your merchandise for sale on our e-Store and/or access to and use of the Website and the Mobile App.
    • We may revise these Terms & Conditions, the User Terms and Conditions, the Privacy Policy and the Price Advisory Service Policy, which collectively form part and parcel of these Terms & Conditions, from time to time and will provide users of the Website and the Mobile App with notice of any such changes by posting the new terms or policies on the Website and the Mobile App or notifying you by email and providing an updated effective date. By using our e-Store, the Website and/or the Mobile App subsequent to any revision of these Terms & Conditions, the User Terms and Conditions, the Privacy Policy or the Price Advisory Service Policy, you agree to be bound by such changes. If you do not agree to these Terms & Conditions, the User Terms and Conditions, the Privacy Policy or the Price Advisory Service Policy, you must immediately terminate use of the Website and the Mobile App.
    • In some instances, Sellers are subject to a commercial agreement or operating rules or additional terms and conditions that govern the use of certain parts of our e-Store, the Website and/or the Mobile App or services offered by us (the “Special Terms and Conditions”) such as certain terms and conditions applicable to specific categories of sellers and certain refund or return policy provided by themselves. Unless otherwise expressly set forth as part of any such Special Terms and Conditions, any such additional terms are made in addition to and form part of these Terms & Conditions, and are incorporated herein by reference. Users of our e-Store, the Website and/or the Mobile App agree that we may provide these Special Terms and Conditions at any time. To the extent of any inconsistency or ambiguity between any Special Terms and Conditions and the Seller Terms and Conditions, the Special Terms and Conditions will prevail.

  • Other Provisions

    • We reserve the right at our sole discretion to deny your access to our e-Store, the Website and/or the Mobile App or any part thereof without notice and to decline to provide our services to any user that is in breach of these Terms & Conditions.
    • If any provision of these Terms & Conditions is held invalid or unenforceable by a court or administrative body of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or operation of any other provisions of these Terms & Conditions which shall remain in full force and effect. If any provision of these Terms & Conditions is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted or modified, the provision in question shall apply with such minimum modification(s) as may be necessary to make it valid and enforceable as near as may be to its invalid or unenforceable form.
    • We may assign these Terms & Conditions or appoint any third party, including our associated parties, to provide the services to you on our behalf or to perform any of our obligations under these Terms & Conditions.
    • You shall not assign or otherwise deal with its rights and obligations under these Terms & Conditions, whether in whole or in part without our written consent.
    • These Terms & Conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these Terms & Conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these Terms & Conditions.

  • Governing Law and Dispute Resolution

    • These Terms & Conditions, including but not limited to the arbitration provisions contained in this section, are governed by and construed in accordance with the laws of Hong Kong.
    • You each agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to these Terms & Conditions, any prior version of these Terms & Conditions, or your use of or access to our e-Store, the Website and/or the Mobile App, will be resolved in accordance with the provisions of this section.
    • You agree to first contact each other with regard to any claim or dispute, and to provide a written description of the problem together with all relevant documents/information and the proposed resolution. We will contact you based on the contact information stored in our user database and/or provided to us. Notice to us must be sent to: Room 1005, 10/F, Tower 2, Lippo Centre, 89 Queensway, Admiralty, Hong Kong or cs@winestry.com.hk
    • If after [60] days the parties are unable to resolve any dispute raised, the parties agree that the dispute must be submitted to arbitration consistent with this section, except that you may assert eligible claims in a small claims tribunal in Hong Kong.
    • You agree that any claim, dispute, controversy or difference between the parties to these Terms & Conditions, and any claim by you against us (or any of our associated parties) or a Buyer or, to the full extent permitted by applicable law, third parties who are not parties to these Terms & Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms & Conditions shall be referred to and finally resolved by arbitration in the presence of three arbitrators of whom one shall be appointed by you, one shall be appointed by us and one shall be appointed by agreement between you and us, failing which he/she will be appointed by the Hong Kong International Arbitration Centre (“HKIAC”), and shall be administered by the HKIAC under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong, and the arbitration proceedings shall be conducted in English.
    • Further, you agree that any arbitration will be solely between we and you, not as part of a class action claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the class action dispute must be brought in court of Hong Kong.

We reserve the right to add, alter or amend these Terms & Conditions without prior notice. Thank you for your kind understanding.

7 March 2023