E-COMMERCE TERMS & CONDITIONS

GENERAL TERMS

Please read these standard terms and conditions of sale of Omtis Fine Wines Limited (“Terms and Conditions”) carefully before placing your order with Omtis Fine Wines Limited and also retain a copy of these Terms and Conditions and your order for future reference.

These Terms and Conditions apply to and form part of every Contract (as defined below) between Omtis Fine Wines Limited and its Customers (as defined below) if you order from us through our E-Commerce Platform (as defined below). If you are ordering from us in any manner other than through our E-Commerce Platform, please refer to the following terms and conditions which would apply to your orders and contracts instead:-

https://www.omtisfinewines.com/terms

These Terms and Conditions would not apply to any orders and contracts made through any other means other than through our E-Commerce Platform.

1. Interpretation

In these Terms and Conditions:-


(a) "Amount(s) Owing" means the price charged by the Company for the Goods, and any other sums which the Company is entitled to charge under any Contract including any interest accruing thereon;


(b) "Company" “We”, “Our”, “Us”, “Omtis” means Omtis Fine Wines Limited, a limited company incorporated in Hong Kong and operating under the business name of “Omtis Fine Wines”;


(c) "Contract" means any agreement between the Company and the Customer for the sale by and the purchase of Goods from the Company;


(d) "Customer", “You” means any person, firm, company, corporation or body which places an order with the Company and if comprises of more than one person, each person's liability is joint and several;

(e) "Customer Account" means the account of a Customer under the E-Commerce Platform;

(f) "E-Commerce Platform" means the e-commerce platform of the Company used for, among other things, the sale by and the purchase of Goods from the Company;


(g) "Event of Default" means an event where the Customer fails to comply with these Terms and Conditions or any other Contract with the Company; or the Customer commits an act of bankruptcy; or the Customer enters into any composition or arrangement with its creditors; or if the Customer is a company, the Customer has done or does anything which would make it liable to be put into liquidation; or a resolution is or has been passed or an application is or has been made for the liquidation of the Customer; or an administrator, receiver or similar officer is or has been appointed over all or any of the Customer’s assets;


(h) "Goods" means any product, equipment, material or other item sold by the Company under any Contract;


(i) "Price List" means the price list prepared by the Company for the Goods, which may be revised from time to time by the Company, without prior notice.

(j) "Privacy Policy" means the privacy policy of the Company as amended from time to time, which can be accessed through this link.

(k) "Primary Address" means the address registered with your Customer Account, or in the event of an offline order, the address provided by you for your order of Goods.

(l) "Storage Accounts" means the Customer Accounts which have been upgraded to Storage Accounts in accordance with the applicable terms and conditions.


(m) "Storage Services" means the storage services for the Goods provided by the Company offered to Storage Accounts.

2. Terms and Conditions

These Terms and Conditions are all of the terms and conditions under which the Goods are to be supplied and shall prevail over any terms and conditions which you may stipulate, incorporate or refer to in writing or orally and shall prevail over any terms, conditions, warranties or representations which we or any employee, representative or agent of ours may have stipulated, incorporated or referred to in relation to any previous Contracts, in advertising or otherwise and whether in writing or orally.


We may vary or alter these Terms and Conditions from time to time without notice to you.

No variation to or alteration of these Terms and Conditions will bind us unless made in writing and signed by a director or an authorised signatory of ours.


Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business. A “minor” would be any persons under the age of 18.

3. Registration and Customer Account

To use some of the services or features made available to you on the E-Commerce Platform you will need to register for a Customer Account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address communications@omtis.com. We may also change registration requirements from time to time.

Here are the some of the benefits you will be able to enjoy by registering a Customer Account on our E-Commerce Platform:

  • Place Orders online directly through the E-Commerce Platform
  • Track your orders and review past purchases
  • Use the Storage Services provided by Omtis (upgrading to a Storage Account is required)
  • Save your address and card details so you can shop with greater convenience
  • Manage your account details, address book and email preferences
  • Manage how we collect, retain and use your personal data in accordance with our Privacy Policy
  • Our delivery service is limited to Hong Kong Island, Kowloon and New Territories, and is not available to the Outlying Islands or restricted areas. Delivery service to Ma Wan is limited to 10 a.m. to 4 p.m. due to restricted access after 4 p.m.;
  • Delivery of five (5) cases or more is only available to addresses above the ground floor where lift service is available. In the event of a lift breakdown, we will contact you to reschedule delivery of the Goods;
  • Our delivery service will be suspended in the event that typhoon signal No. 8 or above or a black rain warning is hoisted. In such circumstances, we will contact you to reschedule for delivery of the Goods;
  • If you wish to change the designated delivery address, you are required to inform us of the change at least one (1) business day in advance of the commencement of the scheduled delivery timeslot;
  • Additional costs may be incurred where special arrangements are required to be made due to restrictions in the offloading area;
  • Delivery to Lantau or Ma Wan is subject to an additional delivery fee of $200 per delivery address.

To create a Customer Account, simply click LOGIN and then sign up as a New Customer to create an account. You will be asked to fill in details and the account password you create should be unique and kept secure, and you must notify Omtis immediately of any breach of security or unauthorized use of your Customer Account.

You may also upgrade the Customer Account to a Storage Account to use our Storage Services. To upgrade to a Storage Account, simply click the UPGRADE button and follow the instructions.

You must take all reasonable care to safeguard your username and your password. You are responsible for the security of your Customer Account and your sign in details, and Omtis shall not be responsible or held liable for any security breaches save if they arise directly and solely due to any acts of Omtis. Unless expressly permitted by Omtis in writing, each Customer Account may only be used by the relevant Customer, and no Customer Account should be shared or used by any third parties or other Customers.

You authorise us to assume that any person using your Customer Account with your username and password is you without need for further verification. In the event that we suspect that your Customer Account has been compromised or has been accessed by any third parties for any reason, we may suspend your access and use of your Customer Account until appropriate identity verification has been provided to us.

If you have forgotten your password, please click FORGOTTEN PASSWORD and follow the instructions on the page to reset your password. For security reasons, we do not have access to your password and we are unable to send your password via email.

Please refer to our Privacy Policy for information about how we use your data, which can be accessed through this link .

All financial transaction are handled by third party service providers, and your provision of your credit card and payment details will be transferred directly to our service providers. We will not have access to your credit card and payment details, and we shall not be responsible for any loss, disclosure or misuse of your credit card or payment details. Please refer to the section titled Third Party Sites and Services below for additional details.

4. Prices

All prices are subject to change by the Company without prior notice. Please refer to the Company’s latest Price List which can be accessed through this link:

https://www.omtisfinewines.com/shop/wines

All prices are quoted on ex-warehouse basis and are exclusive of freight, delivery, duties and taxes, unless otherwise agreed in writing.

Unless the contrary is shown, prices are in the currency shown in the Price List and cannot be paid in other currencies unless agreed by the Company, and any such payment shall use the conversion rates determined by Omtis. Prices may, from time to time, be shown in other currencies for reference purposes only.

Unless otherwise stated, prices listed for wines are quoted per 75cl bottle or as indicated in the Price List.

In the event that the price for your order at the time of our intended acceptance of your Contract differs from the price quoted to you at the time of your order, we will send a confirmation requiring your acceptance of the updated price before a valid Contract is formed. In this event, a valid Contract will only be formed after we send a confirmation email confirming our receipt of your acceptance of the updated price.

5. Payment

In order to make purchases on the E-Commerce Platform, you will be required to provide your personal details and billing details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct.

The E-Commerce Platform is available only to Customers who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Omtis, whose applications are acceptable to Omtis and who have authorized Omtis to process a charge or charges on their credit/debit card in the amount of the total purchase price for the Goods which they intend to purchase.

Payment may be made by any credit/debit cards (as accepted by our online payment gateway on the E-Commerce Platform) up to an amount as permitted by the E-Commerce Platform or determined by Omtis from time to time. If you are a first-time Customer, you will be required to register the details of your credit/debit card before you may place your order. If you are an existing Customer and has a credit/debit card registered to your Customer Account (the “Default Card”), payment will be charged on such Default Card upon your order being placed unless an alternative credit/debit card is provided for payment. Where your Customer Account is registered with more than one (1) credit/debit cards, you will be required to select one of such credit/debit cards as the Default Card to be used for payment for your order.

By making an offer to purchase merchandise you expressly authorize Omtis to perform credit checks and, where Omtis deems it necessary or appropriate, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud and identity checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. However, in the absence of negligence by Omtis and to the extent provided under law, Omtis shall not be held liable for any loss which you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the E-Commerce Platform.

6. Orders and Contracts

All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and may be purchased by other customers unless a valid Contract has been made.

Once you have placed your order and your payment through bank transfer or our E-Commerce Platform has been made, you will receive an email or a receipt acknowledging the details of your order.

Acceptance of your order and completion of the Contract between you and us will be completed when we email you to confirm that your order has been accepted and that a valid Contract has been made. The Contract is therefore concluded in Hong Kong and the language of the contract is English.

In the event that the price for your order at the time of our intended acceptance of your Contract differs from the price quoted in the Price List or otherwise quoted to you at the time of your order, we will send you an email requiring your acceptance of the updated price before a valid Contract is formed. In this event, a valid Contract will only be formed after we send a confirmation confirming our receipt of your acceptance of the updated price.

We reserve the right to not accept your order for any reason that we deem appropriate in our sole and absolute discretion, including without limitation if we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria set out within our terms and conditions.

We may also refuse to process and therefore not accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the E-Commerce Platform, whether or not that merchandise has been sold, removing, screening or editing any materials or content on the E-Commerce Platform, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

While we use all reasonable efforts to ensure that the details on our E-Commerce Platform are accurate, we may from time to time discover an error in the pricing, description, availability or quality of Goods (“Error”). If we discover Error in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a Good that was advertised with an Error and reserve the right to cancel such an order that has been accepted or is in transit. We shall be permitted to cancel and terminate any Contract if it involves any Good that has an Error, and we shall refund you the full purchase price paid by you for any such Good. If you order a Good that has an Error for any reason, we will contact you (whether by email or telephone or otherwise) to inform you that a valid Contract has not yet been made or has been terminated (whichever is applicable), we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the Goods, we shall refund the full amount as soon as we are able. In the event that Goods are recalled in transit, we will process your refund once the products have been returned to us.

In the event that any order is not accepted, including without limitation due to the lack of availability of a Good, we will send you an email informing you that your order has not been accepted and that a Contract has not been made. We will then arrange for the refund of any payment made in respect of the order as soon as practicable.

You acknowledge and agree that any preferences indicated by you for the Goods (including without limitation bottling and casing preferences) are indications only and shall be subject to availability. Any such preferences shall not be legally binding terms in the Contract under any circumstances, including if such preferences are reflected in the invoice made out to you. You acknowledge and agree that, in the event that any preferences indicated by you are unavailable for the relevant Goods, we shall have your express authority to determine alternative replacements for you. Please refer to the section titled Availability for additional details.

We may, from time to time, include additional offers and promotions for ordering Goods, including without limitation the provision of free gifts, accessories, services or event tickets (“Free Gifts”). All Free Gifts are provided on a complimentary case-by-case basis only, and shall not constitute as an obligation for us or form a part of any Contract. We also make no guarantees, warranties or assurances of any nature in respect of any such Free Gifts, and the use of any Free Gifts shall be done at the sole risk of the user. All Free Gifts may also be subject to separate terms and conditions of ours, which shall be made available to you upon our provision of such Free Gifts. In the event that any Free Gifts involve services or products offered by any third parties, such Free Gifts may be subject to certain terms and conditions from the relevant third parties, and you acknowledge and agree that you shall be aware of and comply with any such terms and conditions. By accepting any Free Gifts provided by us, you agree that you shall be solely responsible for any such Free Gifts, and that you shall indemnify and hold us harmless from any damages, costs or expenses incurred in relation to such Free Gifts.

7. Delivery and International Shipping

Unless otherwise stated, all of the quoted prices in the Price List are exclusive of shipping and delivery fees. When you purchase Goods from the E-Commerce Platform, you will have the option to select for the Goods to be shipped to your specified delivery address once they are ready, or if you have upgraded your Customer Account to a Storage Account, to select for the Goods to be stored in our warehouse in accordance with the terms and conditions of our Storage Services. The terms and conditions of our Storage Services could be accessed through this link.

Your Primary Address will be used as your delivery, billing and correspondence address. If you require shipping and delivery services, the shipping and delivery fees for your Goods will be calculated based on your Primary Address and may be provided on a separate invoice.

We will engage third party service providers to provide shipping and delivery services.

You will have ownership and assume all risk of the Goods on and from when (i) a valid Contract has been made between you and us in accordance with these terms and conditions; and (ii) we have received full payment in respect of the Goods.

We shall not be required to deliver any Goods until all relevant fees in relation to the delivery (including without limitation any shipping fees and insurance costs) have been paid in full.

Unless otherwise stated, all deliveries to you shall be delivered to your Primary Address. All deliveries to your Primary Address shall constitute as valid deliveries to you, and we shall be under no obligation to verify or confirm the accuracy of your Primary Address.

In the event that any delivery fails, is returned or cannot be made for any reason whatsoever, including without limitation if the Primary Address you provided was incorrect, we retain the right to store any Goods to be delivered to you under the terms and conditions of our Storage Services. In the event that any Goods are stored in this manner, you hereby irrevocably authorise us to (i) charge you for providing our Storage Services based on our prevailing rates as an Amount Owing (whether on the credit card used for the payment of the Goods or otherwise); and (ii) exercise a lien over and/or to sell some or all of the Goods and to deduct any Amount Owing from the proceeds of sale at our sole and absolute discretion.

Additional charges may apply for further delivery attempts or redelivery arrangements.

Unless otherwise expressly waived by you, we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any Goods delivered. In the event that you waive your right to inspect or sign, including without limitation if you are not present for the delivery, the delivery shall be deemed to have been inspected and accepted by you even without your signature. Evidence of the delivery of the Goods to the specified address shall be conclusive evidence of delivery and fulfilment by Omtis. The costs of insurance may be provided to you under a separate invoice.

Unless otherwise stated, we aim to dispatch all orders for wines stored in Hong Kong within five (5) business days from the making of the Contract. Delivery times appearing on the E-Commerce Platform are estimates and are to be used as a guide only, and commence from the date of dispatch. In any event, subject to the location of your designated address, we will use commercially reasonable efforts to deliver the Goods that they are stored in Hong Kong to you within 30 business days from the day on which a valid Contract has been made. For Goods stored in our warehouses in France or elsewhere outside of Hong Kong, we aim to dispatch all orders within 6 months from the day on which a valid Contract has been made. Omtis is not responsible for any delays or disruptions caused by any destination customs clearance processes, export or import regulations or other governmental restrictions of any nature.

Notwithstanding anything to the contrary, time for delivery shall not be the essence of any Contract. You acknowledge and agree that any periods or times quoted for delivery are estimates only, and while we will use reasonable endeavours to deliver orders within such times (if any), we do not guarantee, warrant or assure in any manner that such delivery times are accurate or binding. We shall not be liable for any damage or loss suffered by you for any delays in delivery.

If delivery is delayed or disrupted by any event outside of our control, we will contact you as soon as possible to let you know, and we will take commercially reasonable steps to minimize the effect of the delay. Provided we do this, we will not be liable for any delays or disruptions caused by the event.

You acknowledge and agree that, due to the inherent nature of any pre-arrival orders, the delivery of such orders may be subject to delays beyond our reasonable control, including without limitation a late release by the relevant Chateaus. Accordingly, you agree that we shall not be liable for any such delays and you agree to hold us harmless in respect of any such delays.

In the event of any breakage, damage or other deficiency in the Goods during transportation or storage, the delivery of your Goods may be delayed. We will use reasonable efforts to conduct quality checks and ensure that the Goods you receive are of suitable quality. In the event that we identify any breakage, damage or deficiency with any Goods, we will aim to provide you with a replacement for any such Goods, which may result in a delay to the delivery of your order.

We will arrange for the insurance of the Goods for all deliveries and shipments.

Additional Delivery Terms and Conditions for Hong Kong Addresses

[All deliveries to addresses in Hong Kong are subject to the following additional conditions:-

Ex-Works Goods

Certain Goods may only be offered on an ex works basis (“Ex Works Goods”), which will be specified when you place an order for such Goods. Notwithstanding anything in these Terms and Conditions, the Ex Works Goods shall be provided on an ex works basis, and we will provide you with the details for the collection of the Ex Works Goods (“Collection Details”) ordered by you by email, which may include without limitation the collection time, the collection date and the address of the designated warehouse. Our delivery and insurance obligations under any Contract in relation to Ex Works Goods shall be solely to provide such Ex Works Goods for collection in accordance with the Collection Details (“Ex Works Delivery”), and we shall not be responsible for any insurance or delivery of such Ex Works Goods otherwise. Upon completing the Ex Works Delivery, the title and risk of such Ex Works Goods shall transfer to you, and any damage or defect incurred by any Ex Works Goods shall be your sole responsibility, and we shall not be held liable or responsible in any manner for any such damage or defect.

In the event that any Ex Works Goods are not collected by you at the relevant collection time, you hereby grant us the right (to be exercised at our sole and absolute discretion) to take possession of the Ex Works Goods and arrange for storage of the Ex Works Goods at the prevailing storage rates in accordance with our Storage Services (“Collection and Storage Right”). We shall be under no responsibility or liability to exercise the Collection and Storage Right. You hereby agree that any Ex Works Goods stored by us as a result of our exercise of the Collection and Storage Right shall be subject to the terms and conditions of our Storage Services save that (i) we shall not be liable or responsible in any manner in relation to the quality of the Ex Works Goods; and (ii) unless otherwise agreed, the Ex Works Goods will only be returned to you on an ex works basis and upon the full payment of any storage fees, insurance fees and other costs that may be applicable. You agree to fully reimburse us for any costs, losses or damages as a result of (i) any Ex Works Goods not being collected by you at the relevant collection time; or (ii) our exercise of the Collection and Storage Right.

You shall be solely responsible for the collection of the Ex Works Goods on an ex works basis. We shall be under no responsibility or obligation to ensure that your method of collection is viable, and we shall not be required to assist with the collection, loading or transport of the Ex Works Goods in any manner.

8. Availability

Notwithstanding our acceptance of any order placed by you, including entering into a Contract with you, all Goods are offered for sale subject to availability. In the event that stocks of Goods ordered by you are not available, we will use our reasonable endeavours to contact you to arrange for replacement or arrange for a full refund. Additionally, in the event of unavailability of any Good, we reserve the right to select and deliver to you a substitute (of equal or higher value) of the Good that was ordered, to avoid a delay in the delivery of orders. If we are unable to supply a particular Good, or we do not supply a substitute, we will not be liable to you in any way except to (i) ensure you are not charged for that Good; or (ii) if you have already paid for that Good, to provide you with a full refund.


You also acknowledge that vintages and bottle size(s) of all wines are subject to availability and the final confirmation by us. In the event that any bottle size preferences you have selected are unavailable, we will (i) notify you and provide you with the alternative bottle sizes that are available; and (ii) provide you with a proportionate refund and/or invoice for the additional amounts payable (if any) for the alternative bottle sizes. In the event that additional payments are required for the alternative bottle sizes, we shall be under no obligation to obtain the bottles and deliver them to you until we have received the additional payment in full, and we shall retain the right to cancel the Contract and reimburse you for the amounts paid to us at any time.

Any replacements or refunds (of equal or higher value to the original Goods purchased) by us shall constitute as the full and final settlement of any Contract, order, dispute or claim of any nature. We shall not be obliged, under any circumstances, to offer a replacement or refund of any Goods, and we shall be entitled to do so at our sole and absolute discretion.

9. Cancellation

(a) Subject to Clause 9(b), cancellation by you will not be accepted and any deposit or other payment paid by you will not be refunded by us once orders for Goods have been made, unless a written notice of cancellation is received by us at least one (1) month prior to the scheduled delivery date and accepted in writing by us. Upon the receipt and the acceptance of a valid notice of cancellation, we shall arrange (in our sole and absolute discretion) for either a refund of, or issue a credit for, the purchase price of the Goods to you, with the applicable terms and conditions.


(b) We shall not be obliged to accept a notice of cancellation, and the acceptance or rejection of any notice of cancellations provided to us shall be determined on a case-by-case basis. Any cancellation accepted by us is so accepted on the condition that all costs, damages, losses (including loss of profit), charges and expenses incurred by us by reason of such cancellation will be fully indemnified and paid by you.

(c) We shall be permitted to cancel any order and terminate any Contract prior to delivery of the order. In the event of any such cancellation, we shall arrange for a full refund of any deposit or payments made by you. Any such refunds by us shall constitute as the full and final settlement of any Contract, order, dispute or claim of any nature.

10. Breakage and Shortage

You are required to examine the Goods at the time of delivery or collection to ensure that there are no breakages, shortages or deficiencies of any nature, and you shall be deemed to have examined the Goods upon delivery regardless of whether you waive or exercise such right. You are required to be physically present at delivery to examine and receive the Goods, and in the event that you are not physically present at delivery, the delivery of the Goods to the address designated by you shall also constitute your receipt of the Goods after examination. No claims for breakage, shortage, or deficiency of any nature in relation to the Goods will be accepted by us unless we are informed at the time of delivery or collection of such breakage, shortage, or deficiency. You will be deemed to accept the Goods with full satisfaction upon receipt of the Goods, and no returns will be accepted thereafter. Any breakage, shortage or deficiency identified after the delivery and receipt of the Goods by you shall be deemed to have occurred after the delivery of the Goods, and we shall not be held liable in any manner for any such breakage, shortage or deficiency.

After the delivery of the Goods and their receipt by you, no complaints made by you will be entertained by us thereafter. We may, at our sole and absolute discretion, offer a replacement or credit in favour of you in respect of any matters we deem appropriate.

11. Faulty Goods

Subject to the provisions in this Clause, all Goods delivered are non-returnable after delivery. Where it is discovered that a bottle of wine is contaminated with cork taint (commonly known as and referred to as the “Corked Wine”), you must notify us in writing within twenty-four (24) hours (the “Notification”) and must return the Corked Wine to us within two (2) working days from the Notification to our offices at Suite M1, 10/F, Kaiser Estate Phase 3, 11 Hok Yuen Street, Hunghom, Kowloon, Hong Kong for our examination. We will, at our sole and absolute discretion, offer a replacement or credit in favour of you provided that:

(a) The original cork was put back in the opened Corked Wine with at least 2/3 of the content remaining in the bottle upon return.


(b) the value of the Corked Wine does not exceed HK$700.00 per bottle or the vintage of the wine is less than 10 years old;


(c) your claims are genuine as determined by us;


(d) the Corked Wine was purchased from us and you have no Amounts Owing ; and


(e) the Corked Wine has been appropriately stored by you in accordance with the applicable Wine Storage Management Systems Certification requirements during the period of storage, and supporting documents and evidence (including photographs where appropriate) of such storage should be provided to us for assessment.


We are not obliged to deliver any replacement of the Goods to any address outside of Hong Kong.

In order for us to determine that the Corked Wine was not corked due to any fault of yours, we may request for additional information or documents from you as we may deem appropriate in our sole and absolute discretion.

12. Title and Risks

All title and risk of the Goods shall belong to us until a Contract has been formed between you and us, and after payment in respect of the Goods has been made. Upon the formation of a Contract between you and us and our receipt of all payment in respect of the Goods, all title and risk of the Goods shall be transferred to you.

You irrevocably authorise us to arrange for the transportation, storage and handling of any Goods ordered by you as may be appropriate.

13. Wine Event Tickets for Third Party Wine Events

Tickets (“Third Party Wine Event Tickets”) for wine events held by third parties (“Third Party Wine Events”) may, from time to time, be sold by us. Tickets are not refundable and not transferrable, unless otherwise agreed. As the Third Party Wine Events will be operated by third parties (“Operator”) independent from us, you acknowledge and agree that we shall have no control over or association with any such Third Party Wine Events, and as such, we shall have no liability in any manner in relation to any Third Party Wine Event. Notwithstanding anything to the contrary, the sale of any Third Party Wine Event Tickets is subject to the terms and conditions of the Operator.

You hereby acknowledge and agree that the sales of any Third Party Wine Event Tickets constitute as a sale of the tickets as goods only, and that we shall have no responsibility for, and we do not warrant, guarantee or represent any matter, service, description or term in relation to any Third Party Wine Events. You further acknowledge and agree that you shall be solely responsible for attending any such Third Party Wine Events, and hold us harmless from any damages, costs or expenses that may be incurred in respect of or arising out of any Third Party Wine Events.

You hereby agree and acknowledge that, in the event that you have any dispute, complaint, grievance, contention or disagreement of any nature in relation to any Third Party Wine Event Tickets or Third Party Wine Events, you shall direct any such dispute, complaint, grievance, contention or disagreement to the relevant third party operating the Third Party Wine Events.

We reserve the right to cancel or terminate any Third Party Wine Event Tickets at any time. In the event of any such cancellation or termination, we will arrange for a full refund of the Third Party Wine Event Tickets.

For the avoidance of doubt, our Wine Events General Terms and Conditions are not applicable to any Third Party Wine Events or the sale and purchase of any Third Party Wine Event Tickets.

14. Limitation of Liability

We shall not be liable to you for ullages or for any deterioration in the condition of any wine products (which can occur naturally to all wines products no matter how well cared for).


To the extent permitted under law, we shall not be liable to you for any claim (whether arising in or for contract, tort (including but not limited to negligence), breach of statutory duty, misrepresentation (other than fraudulent or negligent misrepresentation) or otherwise) under or in connection with these Terms and Conditions for:


(i) any economic losses (including but not limited to loss of profit, revenue, anticipated savings, business or contract);


(ii) any loss of goodwill or reputation; or


(iii) any special, indirect or consequential loss.


Our maximum liability in respect of or in connection with any Goods under or in connection with any Contract shall be limited to the price of the Goods paid by you.


You agree to indemnify us against all costs, expenses, losses and damages incurred by us in connection with or as a result of breach of any of these Terms and Conditions.

15. Compliance with Laws and Regulations

You shall comply with all applicable laws, statutes, by-laws, directives, decisions, regulations, rules, orders and notices having the force of law and any applicable codes of practice.

16. Force Majeure

We reserves the right to defer the date of delivery and suspend further performance of the Contract if it is prevented or hindered from performing any part of the Contract by any circumstances beyond our control including (but without limiting the generality of the foregoing) acts of God, strikes, lock-outs, labour disputes or other industrial actions, embargoes, wars, riots, civil disturbances, malicious damage, government interventions, accidents, fire, floods, disease, outbreaks, sanctions and storms and any other events to the extent that it is beyond our control (each individually referred to as a “Force Majeure Event”). We will use all reasonable endeavours without being obliged to incur any expenditure or cost, to resume delivery and performance of the Contract once the Force Majeure Event ceases.

17. Governing Law and Jurisdiction

These Terms and Conditions and each Contract shall be governed by and construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region and we and you irrevocably submit to the non-exclusive jurisdiction of the Hong Kong Courts.

18. Failure to Comply

If payment in full of any Amount Owing is not made within one month from the date payment is due, or an Event of Default occurs, then we may without prejudice and in addition to any other rights or remedies exercise all or any of the following rights:


(a) Delay delivery of any Goods until the matter is resolved to our satisfaction;


(b) Suspend or cancel (in whole or in part) any delivery;


(c) Exercise a lien over and/or to sell some or all of your Goods and to deduct any outstanding amounts from the proceeds of sale at our sole and absolute discretion. We shall account to you any remaining balance (if any) after settling all Amounts Owing by you;


(d) Recover from you, or deduct from or set-off against any Amount Owing, amounts for any damage, loss or cost (including legal costs) to us relating to the non-performance by you; or


(e) By notice to you, require that all your indebtedness to us, whether or not due, is paid immediately and such amount will then become due and payable.

19. Contract by Corporation

Where you are a corporation, we shall be entitled to treat a person purporting to have authority to make orders on behalf of you as being duly authorised by you. You shall not be entitled to refuse delivery of any orders by reason of invalid authorisation of the person placing such order on behalf of you. You agree to indemnify us for and against all losses, damages, costs and expenses suffered by us if delivery is refused by any of your officers, employees, agents or representatives for any reason.

20. Third Party Sites and Services

The Customer Account and the services provided by us may also refer you to third party sites as well as services provided by third parties (“Third Party Services”). We may also work with providers of Third Party Services from time to time (including without limitation credit card and payment service providers, insurance service providers and valuation service providers) to facilitate the provision of our services. The providers of Third Party Services include, without limitation, Liv-ex, Tawk.to, Mailchimp, Zoom, Whatsapp, Facebook, Instagram, Linkedin, SyncApps by Cazoomi, Netsuite, Oracle, Digital Butter, GOGOX, TNT Express, MSIG Insurance (Hong Kong) Limited, Zurich Insurance Plc, Liberty Mutual Insurance Europe SE.

The access and use of any Third Party Services shall be done solely at your own risk. Any use of any Third Party Services will be subject to and any information you provide will be governed by the terms of the Third Party Services, including those relating to confidentiality, data privacy and security.

Unless otherwise expressly stated in writing, we are not in any way associated with the owner or operator of any Third Party Services or responsible or liable for any Third Party Services offered by them or for anything in connection with such Third Party Services. We do not control or operate in any way any of the Third Party Services or the providers of any Third Party Services. We do not make any guarantees, representations or undertakings of any nature of any aspect of Third Party Services or any providers of Third Party Services, including without limitation the quality of any such service, what information they may collect or require, or whether any such services are safe for use.

We disclaim liability for (i) any loss, damage and any other consequence resulting directly or indirectly from or relating to your access to or use of any Third Party Services or any information that you may provide or any transaction conducted on or via any Third Party Services; and (ii) the failure of any information, goods or services posted or offered by any Third Party Services or any error, omission or misrepresentation on any Third Party Services or any computer virus arising from or system failure associated with any Third Party Services.

The terms and conditions of certain Third Party Services that may be applicable to you include the following:-

Liv-ex:

https://www.liv-ex.com/liv-ex-membership-terms/

Vivino:

https://www.vivino.com/terms

Stripe:

https://stripe.com/en-hk/check...

The above links are provided for reference purposes only, and we do not make any warranty, guarantee or assurance in relation to such terms and conditions, including without limitation as to whether such terms and conditions are up to date or whether they are applicable. It is the sole responsibility of the Customers who access or use any Third Party Services to identify the terms and conditions of such Third Party Services.

21. Privacy Policy

You are required to consent and agree to the Privacy Policy in order to create or use a Customer Account.

We may collect and use your personal data in accordance with the Privacy Policy, which may be updated and amended from time to time.

Please refer to our Privacy Policy for information about how we use your data, which can be accessed through this link.

22. Intellectual Property Rights and Accuracy

Your use of the Customer Account, our website, our platform or any other materials and its contents (“Platforms”) grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to our content or Goods (“Content”), including without limitation any Omtis software and all HTML and other code contained in our websites and platforms. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on our Platforms are protected by intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by us and/or our third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. In addition to the Intellectual property rights mentioned above, "Content" shall also include any graphics, photographs, including all image rights, sounds, music, video, audio or text on our Platforms.

We try to ensure that the information on our Platforms is accurate and complete. We do not guarantee, warrant or assure in any manner that our Content is accurate or error-free. We do not guarantee, warrant or assure in any manner that the functional aspects of our Platforms our Content will be error free, or that our Platforms or Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal or corporate opinions of any critics, producers, vineyards, estates, chateaus and any other suppliers, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Omtis. Our association or affiliation with any such third parties, whether prior to or subsequent to their expression of any such opinions, does not mean that we agree with any such opinions unless otherwise expressly stated by us. We accept no responsibility for any such opinions or views expressed by any such third parties in any media.

We may, from time to time, publish reviews, opinions, ratings and other commentaries, including publishing reviews, opinions, ratings and other commentaries made by third parties, such as any critics, producers, vineyards, estates, chateaus and any other suppliers (“Reviews”). You acknowledge and agree that any such Reviews are inherently of a subjective nature, and may not be applicable for you or reflect your opinions on the matter. You further acknowledge and agree that any such Reviews are provided for your reference purposes only, and is not intended to be, and should not be, relied upon by you under any circumstances.

Our Content may use terms which may have technical meanings (“Technical Terms”), including without limitation investment, return on investment, valuation and profit. Unless otherwise specified, all Technical Terms used, included or referred to in our Content is used as general terms adopting their ordinary and general meanings only, and shall not constitute as or be interpreted to adopt any technical meanings. By using our Content, you agree and acknowledge that any such Technical Terms used shall be interpreted by you using their ordinary and general meanings only, and that you shall not infer or interpret any technical meanings in relation to any Technical Terms. You further acknowledge and agree that we shall not be responsible for the use of any Technical Terms in our Content, and you agree to indemnify and hold us harmless in respect of any costs, expenses or losses that may be incurred in relation to our use of any Technical Terms.

23. No Commercial Use

Our Platforms are provided for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within our Platforms. You may not use our Platforms, or any of our Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own platforms.

24. General


(a) In Hong Kong, it is illegal to sell alcohol to any person under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with us, you confirm and warrant that you are at least 18 years old (or otherwise above any applicable age limit). At the time of delivery of your order, we or our agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, we or our agent may refuse to deliver the order, and you would be deemed to be in breach of the Contract.


(b) No delay in exercising or non-exercise by us of any right, power or remedy under or in connection with these Terms and Conditions shall impair such right, power or remedy or operate as a waiver or release of it.


(c) If any provision, or any part of any provision, of these Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and our liability and your liability shall not be affected or impaired.

(e) You may not assign, transfer or otherwise deal with your rights, interests or obligations under these Terms and Conditions or enter into any transaction which would result in any of those obligations passing to another person without our prior written consent.

(f) When a Contract is formed, a person who is not a party to that Contract shall have no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) to enforce or enjoy the benefit of any of its terms.

(g) You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you us as a result of these Terms and Conditions or your use of any of our Platforms. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ours, and we shall not be liable for any representation, act, or omission on your part.

(h) In the event of any disputes, we reserve the right of final decision on all matters. All decisions made by us shall be final and binding.

WINE STORAGE TERMS & CONDITIONS

Please read these wine storage additional terms and conditions (the “Storage Terms and Conditions”) carefully before storing wine with Omtis Fine Wines Limited (referred to as the “Company”, “we”, “us” or “our”) or otherwise using our Storage Services (as defined below), and also retain a copy of these Storage Terms and Conditions for your future reference.

These Storage Terms and Conditions only apply to the use of our Storage Services, and do not apply to purchases from us. For the terms and conditions that apply to purchases on our E-Commerce Platform and the Goods themselves, please refer to the general terms and conditions applicable to purchases on the E-Commerce Platform (as defined below), which can be accessed through this link (the “General Terms and Conditions”).

In using our Storage Services, you hereby agree to these Storage Terms and Conditions.

These Storage Terms and Conditions are all of the terms and conditions under which the Storage Services are to be provided and shall prevail over any terms and conditions which the Customer may stipulate, incorporate or refer to in writing or orally and shall prevail over any terms, conditions, warranties or representations which we or any employee, representative or agent of ours may have stipulated, incorporated or referred to in relation to any previous Contracts, in advertising or otherwise and whether in writing or orally.

In the event that any offline Storage Services are provided by Omtis, these Storage Terms and Conditions shall also apply to such offline Storage Services to the extent practicable mutatis mutandis.

  1. Interpretation

    In these Storage Terms and Conditions:-

    1. “Amount(s) Owing” means any sums which the Company is entitled to charge in respect of any Goods and/or the provision of Storage Services including any interest accruing thereon;
    2. “Contract” means any agreement between the Company and the Customer for the provision of Storage Services by the Company for the relevant Goods applied for by the Customer;
    3. “Customer”, “you” means any person, firm, company, corporation or body which places an order with the Company and if comprises of more than one person, each person’s liability is joint and several;
    4. “Customer Account” means the account of a Customer under the E-Commerce Platform;
    5. “E-Commerce Platform” means the e-commerce platform of the Company used for, among other things, the sale by and the purchase of Goods from the Company;
    6. “Goods” means any wine sold by the Company under any Contract;
    7. “Insurance Fees” means the insurance fees that are charged by the Company for the provision of the relevant Storage Services for the relevant Goods, as may be applicable from time to time;
    8. “Price List” means the price list prepared by the Company for the Goods, which may be revised from time to time by the Company, without prior notice;
    9. “Storage Account” means the Customer Account which have been upgraded to a storage account in accordance with Clause 2 of these Storage Terms and Conditions;
    10. “Storage Fees” means the fees that are charged by the Company for the provision of Storage Services, and unless expressly specified, shall be exclusive of the Insurance Fees that may be applicable from time to time;“Storage Services” means the storage services for the Goods provided by the Company offered to Customers with Storage Accounts, including without limitation storage, retrieval, delivery and other handling services; and
    • “Warehouse(s)” means the Company’s warehouses in which Customers’ Goods are stored in accordance with these Storage Terms and Conditions.

Registration

In order to have the option to store your purchased Goods in our Warehouses and use the Storage Services, you must have upgraded your Customer Account to a Storage Account. When upgrading to a Storage Account, you will be required to register the details of your credit card (as accepted by our online payment gateway on the E-Commerce Platform) to your Storage Account (the “Default Credit Card”) and to accept any future recurring monthly Storage Fees and Insurance Fees to be automatically charged on such Default Credit Card. You will have the option to change the Default Credit Card to another credit card or to register another credit card to your Storage Account under the ‘Billing and Subscription’ page of your Storage Account once your Storage Account has been activated. Where your Storage Account is registered with more than one (1) credit cards, you will be required to select one of such credit cards as the Default Credit Card to be used for payment when you apply for use of the Storage Services. Any future recurring monthly Storage Fees and Insurance Fees will be automatically charged to the Default Credit Card unless an alternative credit card is selected as the Default Credit Card.

Once your Storage Account has been activated, you may begin to apply for use of the Storage Services when purchasing Goods on our website (the “Storage Application”). When you purchase Goods from the E-Commerce Platform, you will have the option to select for the Goods to be stored in our Warehouses during the payment process, which would constitute as a Storage Application. In choosing the option to have your purchased Goods stored at our Warehouses, you must submit all necessary information as required in order for both the order of the Goods and the Storage Application to be completed, including without limitation which of the Goods you purchased which you intend to store.

Please note that by registering the details of your credit card(s) to your Storage Account, you expressly authorise us to perform credit checks and, where we deem it necessary or appropriate, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit card number(s) or credit reports, to authenticate your identity, to validate your credit card(s) and to obtain authorisation for automatic payments.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud and identity checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. However, in the absence of negligence by Omtis and to the extent provided under law, Omtis shall not be held liable for any loss which you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the E-Commerce Platform.

Contracts

Once the payment for your order of the Goods and the Storage Application have been received, you will receive an automated email confirmation of your order (“Order Confirmation Email”), which shall state the shipping option of your Goods as ‘Storage’. It is your sole responsibility to ensure the details contained in the Order Confirmation Email are correct and notify us of any inaccuracy immediately. We shall not be responsible for any inaccuracy of the order or the Storage Application of which we are not notified within 24 hours of the Order Confirmation Email being sent. For the avoidance of doubt, the Order Confirmation Email does NOT constitute as our acceptance of your order and Storage Application and we reserve the right to cancel any such order or Storage Application even after an Order Confirmation Email has been sent.

Upon receiving the Order Confirmation Email, the Goods applied to be stored will be displayed on the ‘Inventory’ page of your Storage Account with their status being indicated as ‘Pending’. A valid Contract for the provision of Storage Services is only concluded when the status of such Goods is changed from ‘Pending’ to ‘Stored’ (the “Change of Status”), but you will not receive any email in relation to the Change of Status and the conclusion of the Contract.

We reserve the right to, at our sole and absolute discretion, reject your order and Storage Application at any time for any reason that we deem appropriate and arrange a refund of any amount already paid to us, whether prior to or after the conclusion of a Contract. In the event that we are unable to provide the Storage Services after our receipt of your Storage Application, we will inform you by email as soon as commercially practicable. In the event that the price(s) for the Storage Services that you require at the time of our intended acceptance of your Instructions to store your Goods with us differs from the price(s) quoted in the Price List or otherwise quoted to you at the time your order and Storage Application was made, we will send you an email requiring your acceptance of the updated prices before a valid Contract may be formed. In this event, the Change of Status will only be effected and a valid Contract will only be formed after we send a confirmation email confirming our receipt of your acceptance of the updated price(s).

Customer Instructions


You may give instructions, commitments, notices or requests (“Instructions”) in relation to the Storage Services either online via your Storage Account or offline by writing. Where Instructions are given via your Storage Account for the withdrawal or transfer of Goods stored, you will receive an automated acknowledgement email in respect of the Instructions given.

We may also rely on any instruction, commitment, notice or request (“Instructions”) of any person who is or is reasonably considered by us to be a person designated or authorised by you to give such Instructions. You hereby authorise us to accept and act upon all Instructions without taking any further steps to verify the authenticity of such Instructions or the authority of the person giving such Instructions.

You shall be responsible for the accuracy of all Instructions. Instructions given to us shall not take effect and be binding on us until they have been received by us. Once received, Instructions shall continue in full force and effect until cancelled or amended by you. For the avoidance of doubt, we may at our sole and absolute discretion and without incurring any liability whatsoever refuse to act on any Instructions for any reason.

We shall use our reasonable endeavours to act on any request from you for the cancellation or amendment of any Instructions prior to their execution, and we reserve the right to charge an administration fee in the event that costs are incurred by us as a result of such cancellation or amendment.

You are responsible for all Instructions made, and shall take reasonable care to ensure that your account credentials are secured to prevent any unauthorised access to your Storage Account.

Receipt of Goods

We will only accept wines for storage if such wines are purchased from us, save in exceptional circumstances. Any provision of Storage Services by us for any wines that have not been purchased from us are provided on a case-by-case basis only and are also subject to these Storage Terms and Conditions where applicable.

We reserve the right to reject any Storage Application in the event that there is insufficient capacity in its storage facility, or under any other reason at our sole and absolute discretion.

Storage

6.1 General

Our Warehouses are currently located at the following addresses:-

  • Bordeaux City Bond

27 rue Georges Guynemer

33290 Blanquefort

France

  • JF Hillebrand (Bordeaux)

22 rue Saint Exupéry

Zone d’Activités Parc des Lacs

Bâtiment Multi 12

33290 Blanquefort

France

  • Provenance In Bond

141 Route de Fargues

33360 Carignan-de-Bordeaux

France

  • Omtis Fine Wines Limited

Suite M1, 10/F Kaiser Estate Phase 3

11 Hok Yuen Street, Kowloon

Hong Kong

Please note that the locations of our Warehouses may change from time to time.

You can access your Storage Account to check the country in which your Goods are stored. However, we may relocate any Goods stored with us between our Warehouses at any time without prior notice, and there may be some delays in the update of the storage location of any Goods in your Storage Account as a result of any such relocation.

Our latest storage rates and minimum charge (if any) can be accessed through this link https://www.omtisfinewines.com/help-faq/wine-storage.

Storage Fees and Insurance Fees are payable in arrears after each calendar month. The applicable Storage Fees and Insurance Fees will be automatically charged to the Default Credit Card based on the volume of wines under storage with us and their period of storage.

If you wish to terminate any Storage Service or retrieve any Goods under storage, you can do so via your Storage Account. Any notice of cancellation shall be given to us by way of prior written notice of at least ten (10) business days. In the event that any of your Goods are stored in a Warehouse in a different territory or country, additional time may be required to cancel the Storage Services. In the event that our Storage Services are cancelled, you may request that we deliver the relevant Goods to you upon the payment of the relevant shipping fees, or you may also collect the Goods directly from our Warehouse if applicable.

In addition, you can access your Storage Account to check your Goods under storage at any time by logging onto your Storage Account via our website.

6.2 Adjustment of Storage Fees and Insurance Fees

We reserve the right to at our sole and absolute discretion adjust the prevailing Storage Fees and Insurance Fees at any time. Notice in relation to any such adjustments will be given to you in writing at least one (1) month in advance of the date on which such revised Storage Fees and/or Insurance Fees (as the case may be) are to take effect.

In the event that an adjustment is required to be made to the total amount of Storage Fees and Insurance Fees payable in respect of the Storage Services provided to you over a particular period of time, an invoice for the total amount payable including a breakdown of the relevant fees and adjustments will be sent to you via email at least five (5) business days before such total amount is charged to your Default Credit Card.

6.3 Storage Conditions

The Storage Services in our Warehouses in Hong Kong will be provided in compliance with the Wine Storage Management Systems Certification for Commercial Wine, which includes without limitation specifications on the minimum and maximum storage temperature, the level of humidity, isolation from external lights and sunlight in the storage area, the lighting systems used in the storage area and the accuracy of the storage equipment.

We continuously strive to improve the quality of our Storage Services, and we may update our wine storage equipment and facilities from time to time at our sole and absolute discretion.

6.4 Inspection of Goods under storage

In order to maintain the effective security and storage of the Goods, no inspection of any Goods or our Warehouses may be conducted by any Customers save with the written approval of Omtis for exceptional circumstances.

6.5 Option to transfer Goods under storage

Goods stored in France

By submitting a request via your Storage Account, you may request for your Goods stored in our Warehouses in France to be transferred to Hong Kong either:-

  • to be stored in our Warehouses in Hong Kong;
  • to be collected once they arrive in our Warehouses in Hong Kong; or
  • to be delivered to your designated address in Hong Kong.

Any such transfers of Goods are subject to a shipping lead-time and shipping fee as applicable.

Where the Goods are transferred to Hong Kong to be stored in our Warehouses in Hong Kong, Storage Fees and Insurance Fees shall continue to accrue at the applicable rates and be automatically charged to the Default Credit Card.

Where the Goods are transferred to Hong Kong either to be collected from our Warehouses in Hong Kong or delivered to a designated address in Hong Kong, Clauses 6.1 and 6.2 below shall apply once the Goods have arrived in Hong Kong. Please note that the delivery of any Goods transferred to Hong Kong from France shall be subject to local delivery fee and delivery lead-time which are in addition to the applicable shipping fee and shipping lead-time respectively.

Unless otherwise expressly waived by you, we insure all Goods during the time they are in transit from France to Hong Kong until they are delivered to our Warehouses. The costs of insurance may be provided to you under a separate invoice and automatically charged on your Default Credit Card.

Goods stored in Hong Kong

We currently do not offer the service of transferring Goods stored in our Warehouses in Hong Kong to France.

7. Deliveries and Collections

Unless otherwise agreed in writing, you are required to give us at least three (3) clear business days’ notice by submitting a request via your Storage Account where you intend to retrieve any of the Goods under storage in our Warehouses in Hong Kong. You have the option to collect the Goods directly from our Warehouses or to request for delivery of such Goods to your designated address, subject to a delivery lead-time and delivery fee where applicable.

All such requests shall be made via your Storage Account unless otherwise agreed in writing.

Unless otherwise agreed in writing, deliveries and collections of customized or stored sets of wine shall only be permitted if the entire set is delivered or collected. The breaking up of any set, or the collection or delivery of any individual wine in a set, shall not be permitted unless expressly authorized by us in writing.

Any wines stored in our Warehouses located in France cannot be collected from such Warehouses and can only be delivered to Hong Kong unless otherwise agreed by us in writing.

7.1 Collection from our Warehouses

Once we have the wines ready for collection, you will be required to select the collection date and collection time for your Goods (the “Collection Time”). You will be responsible for arranging for the delivery, insurance and transport of the Goods. We will place the Goods at the designated location inside the relevant Warehouse at the Collection Time. For the avoidance of doubt, the Storage Fees and Insurance Fees in respect of such Goods shall continue to accrue until the Goods have been collected.

In the event that you do not collect the Goods within a reasonable time after the Collection Time, in addition to any remedies, actions or rights that we have under law, we may, at our sole and absolute discretion, either (i) collect the Goods back to the relevant Warehouse and continue to store the Goods in accordance with our Storage Services; (ii) dispose of the Goods; or (iii) allow the Goods to remain pending your collection.


7.2 Delivery to designated address

Where you have requested for the delivery of any Goods to your designated address, the standard delivery time is approximately 2-3 business days from the fourth business day after the day on which the request for delivery is made, subject to the conditions stated below (save for any Goods which are required to be transferred from France to Hong Kong prior to delivery). Deliveries are typically made between 10 a.m. and 6 p.m., Mondays to Fridays.

Where your Goods under storage were purchased through our E-Commerce Platform, you may be charged for the delivery of such Goods as the quoted prices in the Price List are exclusive of shipping and delivery fees unless otherwise specified. For Goods that were purchased in any manner other than through the E-Commerce Platform, the shipping and delivery fees would be calculated based on your designated address and may have been included in the invoice we provided to you at the time your order of the Goods was made, provided the address remains unchanged. We may also charge delivery fees if the invoice we provided you did not include them, and we may charge additional delivery fees where you require the Goods to be delivered to an address different from your designated address. Your delivery fees may be provided under a separate invoice.

Delivery Tokens may be offered by us from time to time, which can be used for deliveries in accordance with the prevailing terms and conditions of the Delivery Tokens as updated and amended from time to time, which can be assessed through this link https://beta.omtisfinewines.com/help-faq/delivery.

While we will use all reasonable endeavours to fulfil any requests and/or Instructions made in relation to deliveries in accordance with this Clause 6 and adhere to scheduled delivery days and times, time for delivery shall not be of the essence of any Contract and you hereby acknowledge and agree that any periods or times quoted for delivery are estimates only.

If delivery is delayed or disrupted by any event outside of our control, we will contact you as soon as possible to let you know, and we will take commercially reasonable steps to minimise the effect of the delay. Provided we do this, we will not be liable for any delays or disruptions caused by the event.

Additionally, we reserve the right to charge for any redelivery necessitated by unsuccessful delivery of the Goods for any reason whatsoever during the scheduled delivery timeslot on the scheduled delivery date. We will use all reasonable endeavours to contact you and attempt delivery before concluding that delivery is no longer possible and thus unsuccessful during the scheduled delivery timeslot on the scheduled delivery date and that redelivery is required to be arranged for a different day. In these circumstances, we reserve the right to store the Goods to be redelivered to you under these Storage Terms and Conditions and you hereby irrevocably authorize us to (i) charge you for providing our Storage Services based on our prevailing rates as an Amount Owing; and (ii) exercise a lien over the Goods in accordance with Clause 8 below and/or to sell some or all of the Goods and to deduct any Amount Owing from the proceeds of sale therefrom at our sole and absolute discretion.

Unless otherwise expressly waived by you, we insure all Goods during the time they are in transit until they are delivered to your designated address. The costs of insurance may be provided to you under a separate invoice and automatically charged on your Default Credit Card.

You are required to examine the Goods at the time of collection or delivery to ensure that there are no breakages, shortages or deficiencies of any nature, and you shall be deemed to have examined the Goods upon delivery regardless of whether you waive or exercise such right. No claims for breakage, shortage or deficiency of any nature in relation to the Goods collected or delivered will be accepted by us unless we are informed at the time of collection or delivery of such breakage, shortage or deficiency. You will be deemed to have accepted the Goods with full satisfaction upon receipt of the Goods, and no returns will be accepted thereafter. Any breakage, shortage or deficiency identified after the receipt of the Goods by you shall be deemed to have occurred after the collection or delivery of such Goods, and we shall not be held liable in any manner for any such breakage, shortage or deficiency.

Additional Delivery Terms and Conditions for Hong Kong Addresses

All deliveries are subject to the following additional conditions:-

  1. Our delivery service is limited to Hong Kong Island, Kowloon and New Territories, and is not available to the Outlying Islands or restricted areas. Delivery service to Ma Wan is limited to 10 a.m. to 4 p.m. due to restricted access after 4 p.m.;
  2. Delivery of five (5) cases or more is only available to addresses above the ground floor where lift service is available. In the event of a lift breakdown, we will contact you to reschedule delivery of the Goods. Additional fee may apply for deliveries to an address without lift service;
  3. Our delivery service will be suspended in the event that typhoon signal No. 8 or above or a black rain warning is hoisted. In such circumstances, we will contact you to reschedule for delivery of the Goods;
  4. If you wish to change the designated delivery address, you are required to inform us of the change at least one (1) business day in advance of the commencement of the scheduled delivery timeslot;
  5. Additional costs may be incurred where special arrangements are required to be made due to restrictions in the offloading area;
  6. Delivery to Lantau or Ma Wan is subject to an additional delivery fee of $200 per delivery address.

You are required to examine the Goods at the time of collection or delivery to ensure that there are no breakages, shortages or deficiencies of any nature, and you shall be deemed to have examined the Goods upon delivery regardless of whether you waive or exercise such right. No claims for breakage, shortage or deficiency of any nature in relation to the Goods collected or delivered will be accepted by us unless we are informed at the time of collection or delivery of such breakage, shortage or deficiency. You will be deemed to have accepted the Goods with full satisfaction upon receipt of the Goods, and no returns will be accepted thereafter. Any breakage, shortage or deficiency identified after the receipt of the Goods by you shall be deemed to have occurred after the collection or delivery of such Goods, and we shall not be held liable in any manner for any such breakage, shortage or deficiency.

8. Storage of Third Party Wines

In certain exceptional circumstances, we also offer Storage Services for our Customers to deposit into storage their own wines and/or cases which are not purchased from us (“Third Party Wines”). Unless otherwise specified, Storage Services for Third Party Wines are provided and charged in accordance with Clause 5 above. However, provisions under this Clause 7 shall supersede and prevail over those under Clause 5 in the event of any conflict. We may have additional charges for storing Third Party Wines, which will be notified to you separately.

In agreeing to store Third Party Wines with us, you accept that we receive such Third Party Wines on an “as is” basis and that we make no admission or acknowledgement as to the nature, quality, authenticity, condition, value or content of any of the items contained in any of the bottles or cases deposited and stored with us. We will not inspect any Third Party Wines when receiving them for storage. You are solely responsible for ensuring that all Third Party Wines to be deposited with us are packaged in a secure and suitable manner and we shall not be liable for any loss or damage arising out of the packaging or sealing of such Third Party Wines.

You are also responsible for providing an accurate description of the contents of each case and you warrant that any information provided for this purpose is true and accurate. We shall not be liable for any losses arising out of or in connection with any discrepancy as to the contents of the cases.

Due to the nature of the Third Party Wines, the individual cases and bottles of Third Party Wines stored with us will not be displayed on your Storage Account, and only the description you submit in respect of such Third Party Wines (if any) will be displayed.

You are required to give us notice in writing [at least three (3) clear business days prior to the day on which you wish to deposit any Third Party Wines into storage.

You may request for the retrieval of any of your Third Party Wines under storage in accordance with Clause 6.1 above.

9. Payment Terms

The applicable Storage Fees and Insurance Fees will be automatically billed to your Default Credit Card in arrears after each calendar month for the Storage Services. Such fees will apply commencing from the first day of storage until the Goods have been retrieved from storage. You hereby agree that all Storage Fees and Insurance Fees shall be charged to your Default Credit Card automatically.

If you fail to pay any sum payable within 30 days, we shall be entitled to charge interest on the overdue amount at the rate to be determined from time to time above the then prime rate quoted by the Hong Kong Association of Banks (as published daily in the South China Morning Post). Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount whether before or after judgment.

We expressly reserve a lien over any of your Goods under storage or otherwise under our control for any Amount Owing. For the avoidance of doubt, Storage Fees and Insurance Fees shall continue to accrue when the Goods are being kept by us in exercise of such lien.

10. Limitation of Liability

We shall not be liable to you for ullages or for any deterioration in the condition of any wine products (which can occur naturally to all wines products no matter how well cared for).

To the extent permitted under law, we shall not be liable to you for any claim (whether arising in or for contract, tort (including but not limited to negligence), breach of statutory duty, misrepresentation (other than fraudulent or negligent misrepresentation) or otherwise) under or in connection with these Storage Terms and Conditions for:

  1. any economic losses (including but not limited to loss of profit, revenue, anticipated savings, business or contract);
  2. any loss of goodwill or reputation; or
  3. any special, indirect or consequential loss.

Our maximum liability in respect of or in connection with any Goods under or in connection with any Contract shall be limited to the fees paid by you for the Storage Services in respect of those Goods.


You agree to indemnify us against all costs, expenses, losses and damages incurred by us in connection with or as a result of breach of any of these Storage Terms and Conditions.

We shall not be liable for any loss or damage caused by or resulting from events beyond our control, including without limitation acts of God, strikes, lock-outs, labour disputes or other industrial actions, embargoes, wars, riots, civil disturbances, malicious damage, government interventions, sanctions, accidents, fire, floods, storms, disease, outbreaks, equipment failures, termination of the lease of any of the Company’s Warehouses and any other event to the extent that it is beyond our control (each individually referred to as a “Force Majeure Event”).

11. Insurance

We will arrange for the insurance of the Goods that are under storage. Unless otherwise specified, the cost of insurance is not included in the Storage Fees, and insurance rates may change from time to time.

The Insurance Policy is intended to cover loss or damage of Goods incurred during “day to day” business activities and not a major loss caused by any event of catastrophic occurrence. In the event of claims exceeding the total sum insured, Customers’ claims will be settled out of the total amount recovered by the Company under the Insurance Policy pro-rata in the proportion that the value of each Customer’s claim bears to the total value of all claims.

In the event of a breach of the Company’s payment terms by you, the Insurance Policy will automatically cease to apply to the Goods without any notice to you. The Company’s failure to enforce this right shall not be construed or implied that the Company has previously or currently waived its rights to withdraw the Insurance Policy in accordance with this Clause.

12. Termination

Without limitation to its other rights or remedies, we shall be entitled to terminate the Storage Services with immediate effect without being required to refund any Storage Fees already paid by you) if any of the following circumstances occurs:

  1. you fail to pay the Storage Fees or any other sums payable within 30 days of the due date;
  2. you fail to comply with these Storage Terms and Conditions;
  3. you file or are declared for bankruptcy, or you enter into any composition or arrangement with your creditors, or if you are a company, you do or did anything which would make you liable to be put into liquidation, or a resolution is or has been passed or an application is or has been made for the liquidation of you, or an administrator, receiver or similar officer is or has been appointed over all or any of your assets; or
  4. we are no longer able to provide the Storage Services as a result of a Force Majeure Event.

In addition to the foregoing paragraph and without limitation to our other rights or remedies, we shall have the right to terminate the Storage Services at any time by giving no less than three (3) months’ written notice to you. In such event, we shall refund to you any unused proportion of the Storage Fees which have been paid in advance by you.

On the termination of the Storage Services for any reason:

  1. you shall immediately pay all of Amounts Owing and interest (if any);
  2. subject to any rights of lien of ours over the Goods under storage, we shall arrange to return all Goods to you in accordance with Clause 6 within a commercially reasonable time after the settlement of all Amounts Owing;
  3. the accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of these Storage Terms and Conditions as applicable at the time of termination; and
  4. any clauses of these Storage Terms and Conditions which expressly or by implication have effect after termination shall continue in full force and effect.

13. Removal of Goods

For the purposes of this Clause 12, “Goods” shall include Third Party Wines.

All monies due to us must have been paid and cleared in full prior to the final release of all of your Goods under storage. Notwithstanding anything to the contrary, as long as there are any Amounts Owing, we may, at our sole and absolute discretion, refuse your collection or retrieval of any Goods until such Amounts Owing have been settled in full.

Removal of all of your Goods under storage will not automatically terminate your Storage Account, which will remain active on our system and allow you to store any Goods you purchase without having to register for a Storage Account again. You will not be charged for any Storage Services unless you have Goods under storage with us. Should you wish to close your Storage Account permanently, you should notify us in writing.

14. Disposal of Uncollected Goods

For the purposes of this Clause 13, “Goods” shall include Third Party Wines.

In the event that the Storage Fees (inclusive of interest, if any) in relation to any Goods under storage remain unpaid for six 6 months, such Goods shall be deemed uncollected and abandoned, and we shall be entitled to sell, transfer or otherwise dispose of such uncollected Goods and apply the sale proceeds to pay such outstanding Storage Fees. In particular, we shall be expressly authorised to sell any such Goods provided that the following provisions are complied with:-

  1. After the Storage Fees have been unpaid for a period of six (6) months, we shall send you by email and by post to your last known address a first notice of demand (the “First Notice of Demand”) in respect of the outstanding Storage Fees, stipulating:
    1. a sufficient description of the Goods to which such outstanding Storage Fees relate;
    2. a statement of the relevant outstanding Storage Fees; and
    3. a statement that if you fail to repay the outstanding Storage Fees within a period of twelve (12) months from the date of this First Notice of Demand, the Goods are liable to be sold, transferred or otherwise disposed of by us;
  2. If the outstanding Storage Fees continue to remain unpaid after the expiration of a period of six (6) months from the date of the First Notice of Demand, we shall send you by email and by post to your last known address a second notice of demand (the “Second Notice of Demand”) in respect of the outstanding Storage Fees, stipulating:
    1. a sufficient description of the Goods to which such outstanding Storage Fees relate;
    2. a statement of the relevant outstanding Storage Fees; and
    3. a statement that if you fail to repay the outstanding Storage Fees within a period of six (6) months from the date of this Second Notice of Demand, the Goods are liable to be sold, transferred or otherwise disposed of by us; and
  3. If the outstanding Storage Fees continue to remain unpaid after the expiration of a period of six (6) months from the date of the Second Notice of Demand and not less than fourteen (14) days before the sale, transfer or disposal of the Goods, we shall send you by email and by post to your last known address a notice of intention to sell, transfer or disposal of the Goods (the “Notice of Sale”) as well as publish this Notice of Sale in one (1) Chinese language newspaper and one (1) English language newspaper in Hong Kong, stipulating:
    1. a sufficient description of the Goods to which such outstanding Storage Fees relate;
    2. a statement of the relevant outstanding Storage Fees;
    3. the dates on which the First Notice of Demand and the Second Notice of Demand were given and, where there has been a dispute between you and us, the date on which such dispute was determined; and
    4. a statement that if you fail to repay the outstanding Storage Fees within a period of fourteen (14) days from this Notice of Sale, the Goods are liable to be sold, transferred or otherwise disposed of by us.

We shall be entitled to sell your Goods in accordance with a Notice of Sale, and retain any proceeds from such sale absolutely.

You hereby agree and acknowledge that the above procedures are reasonable and necessary to ensure your payment of the Storage Fees, and constitute as us having used our best efforts to contact you and require your payment of the Storage Fees. You further agree and acknowledge that the above procedures are in addition to any rights, remedies or action that we may have against you, and that your failure to pay the Storage Fees for any period of twelve (12) months shall render the Goods as uncollected and abandoned. You hereby authorise us to do all such actions and things stipulated in the above procedures in relation to any uncollected Goods of yours, and you agree to hold us harmless for exercising any rights, remedies and actions in accordance with the above procedures.

Where, before the Notice of Sale is given, any dispute arises between you and us by reason of your refusal to repay the outstanding Storage Fees for any reason whatsoever, our right to sell, transfer or dispose of the Goods will be suspended until the dispute is determined.

For the avoidance of doubt, in the event that we are entitled to exercise our right to sell any of your Goods under lien, such right shall prevail over the right to sell as provided under this Clause.

15. Surrender

We may, without notice or liability to you, surrender the Goods under storage to any governmental authorities upon request or demand or to any other party pursuant to any court order. We shall not in any way be liable or responsible to you for any loss or damage which may be suffered or sustained by you arising from or in connection with any such surrender, and you shall fully indemnify us against all actions proceedings claims and demands of whatever nature by whomsoever relating thereto.

16. Governing Law

These Storage Terms and Conditions and each Contract shall be governed by and construed in all respects in accordance with the laws of Hong Kong and you and the Company irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts.

17. Privacy Policy

You are required to consent and agree to the Privacy Policy in order to create or use a Storage Account.

We may collect and use your personal data in accordance with the Privacy Policy, which may be updated and amended from time to time.

Please refer to our Privacy Policy for information about how we use your data, which can be accessed through this link.

Disclaimers

We do not promise, warrant or guarantee in any manner that our website or any content, service or feature of our website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of our website will provide specific results. Our website and its content are delivered on an "as-is" and "as-available" basis. All information provided on our website is subject to change without notice. We cannot ensure that any files or other data you download from our website will be free of viruses or contamination or destructive features. To the extent permitted under law, we disclaim:-

  1. all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose; and
  2. any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of our website and/or any of our Storage Services.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

You assume total responsibility for your use of our website and any linked sites. Your sole remedy against us for dissatisfaction with our website or any content is to stop using our website or any such content.

We reserve the right to do any of the following, at any time, without notice:-

  1. to modify, suspend or terminate operation of or access to our website, or any portion of our website, for any reason;
  2. to modify or change our website, or any portion of our website, and any applicable policies or terms; and
  3. to interrupt the operation of our website, or any portion of our website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

General

No delay in exercising or non-exercise by us of any right, power or remedy under or in connection with these Storage Terms and Conditions shall impair such right, power or remedy or operate as a waiver or release of it.


If any provision, or any part of any provision, of these Storage Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Storage Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and our liability and your liability shall not be affected or impaired.

You may not assign, transfer or otherwise deal with your rights, interests or obligations under these Storage Terms and Conditions or enter into any transaction which would result in any of those obligations passing to another person without our prior written consent.

When a Contract is formed, a person who is not a party to that Contract shall have no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) to enforce or enjoy the benefit of any of its terms.

You acknowledge and agree that no joint venture, partnership, employment, agency or bailment relationship exists between you and us as a result of these Storage Terms and Conditions or your use of Storage Services. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ours, and we shall not be liable for any representation, act, or omission on your part.

In the event of any disputes, we reserve the right of final decision on all matters. All decisions made by us shall be final and binding.

TRADITIONAL TERMS & CONDITIONS

GENERAL TERMS

Please read these standard terms and conditions of sale of Omtis Fine Wines Limited (“Terms and Conditions”) carefully before placing your order with Omtis Fine Wines Limited and also retain a copy of these Terms and Conditions and your order for future reference.

Unless otherwise specified, these Terms and Conditions apply to and form part of every Contract (as defined below) between Omtis Fine Wines Limited and its Customers (as defined below) if you order from us in any manner (including without limitation through email, fax, phone or other methods of communication) other than through our e-commerce platform.

If you are ordering from us through our e-commerce platform, please refer to the following terms and conditions which would apply to your orders and contracts instead:-

https://www.omtisfinewines.com/terms

These Terms and Conditions would not apply to any orders and contracts made through our e-commerce platform.

1. Interpretation

In these Terms and Conditions:-


(a) "Amount(s) Owing" means the price charged by the Company for the Goods, and any other sums which the Company is entitled to charge under any Contract including any interest accruing thereon;


(b) "Company" “We”, “Our”, “Us”, “Omtis” means Omtis Fine Wines Limited, a limited company incorporated in Hong Kong and operating under the business name of “Omtis Fine Wines”;


(c) "Contract" means any agreement between the Company and the Customer for the sale by and the purchase of Goods from the Company;


(d) "Customer", “You” means any person, firm, company, corporation or body which places an order with the Company and if comprises of more than one person, each person's liability is joint and several;


(e) "Event of Default" means an event where the Customer fails to comply with these Terms and Conditions or any other Contract with the Company; or the Customer commits an act of bankruptcy; or the Customer enters into any composition or arrangement with its creditors; or if the Customer is a company, the Customer has done or does anything which would make it liable to be put into liquidation; or a resolution is or has been passed or an application is or has been made for the liquidation of the Customer; or an administrator, receiver or similar officer is or has been appointed over all or any of the Customer’s assets;


(f) "Goods" means any product, equipment, material or other item sold by the Company under any Contract;


(g) "Price List" means the price list prepared by the Company for the Goods, which may be revised from time to time by the Company, without prior notice.

(h) "Privacy Policy" means the privacy policy of the Company as amended from time to time, which can be accessed through this link.

(k) "Primary Address" means the address provided by you as the delivery address for your order of Goods.

(l) "Registered Credit Card" means the credit card provided by you for your order of Goods.

2. Terms and Conditions

These Terms and Conditions are all of the terms and conditions under which the Goods are to be supplied and shall prevail over any terms and conditions which you may stipulate, incorporate or refer to in writing or orally and shall prevail over any terms, conditions, warranties or representations which we or any employee, representative or agent of ours may have stipulated, incorporated or referred to in relation to any previous Contracts, in advertising or otherwise and whether in writing or orally.


We may vary or alter these Terms and Conditions from time to time without notice to you.

No variation to or alteration of these Terms and Conditions will bind us unless made in writing and signed by a director or an authorised signatory of ours.


Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business. A “minor” would be any persons under the age of 18.

3. Orders

You can place orders online via our e-commerce platform (“E-Commerce Platform”) by creating a customer account and then placing the orders on our platform. Using our E-Commerce Platform will allow you to place your orders more efficiently, as our E-Commerce Platform allows you to save your relevant details, such as delivery address and contact information, as well as display our current Price List and stock list in real time.

Alternatively, orders can also be placed directly with us at Suite M1, 10/F, Kaiser Estate Phase 3, 11 Hok Yuen Street, Hunghom, Kowloon, Hong Kong, by phone on (852) 2333 0241, by fax on (852) 2363 6014, by email at sales@omtis.com or via our website (www.omtisfinewines.com).

Use of our website is subject to our Privacy Policy and our E-Commerce Terms and Conditions, which can be found on the website.

Please refer to our Privacy Policy for information about how we use your data, which can be accessed through this link.

4. Prices

All prices are subject to change by the Company without prior notice. Unless otherwise quoted by us, Please refer to the Company’s latest Price List which can be accessed through this link: https://www.omtisfinewines.com/shop/wines

All prices are quoted on ex-warehouse basis and are exclusive of freight, delivery, duties and taxes, unless otherwise agreed in writing.

Unless the contrary is shown, prices are in the currency shown in the Price List and cannot be paid in other currencies unless agreed by the Company, and any such payment shall use the conversion rates determined by Omtis. Prices may, from time to time, be shown in other currencies for reference purposes only.

Taxes and duties are calculated according to your shipping destination and may be included in your invoice.

In the event that the price for your order at the time of our intended acceptance of your Contract differs from the price quoted to you at the time of your order, we will send a confirmation requiring your acceptance of the updated price before a valid Contract is formed. In this event, a valid Contract will only be formed after we send a confirmation confirming our receipt of your acceptance of the updated price.

For the avoidance of doubt, prices listed for wines are quoted per bottle and per case or as otherwise indicated in the Price List.

5. Payment

(a) Unless otherwise specified, an order for Goods will only be validly placed when we receive advance or immediate payment for the Goods in our designated account. Upon our receipt of an intended order, we will provide you with an invoice containing the amount payable in advance for the intended order, whereupon you would be required to arrange for the settlement of such invoice within [seven (7) calendar days] or such other period specified in the invoice. An order will be deemed to be validly placed once we receive the settlement amount for an invoice.


(b) Unless otherwise agreed, you shall pay the Amount Owing (if any) on delivery of the Goods in the relevant currency specified in the invoice either by cash, cheque, credit card or by bank transfer in accordance with the relevant payment instructions. If applicable, you will receive a monthly statement of accounts which itemises each transaction and sets out the relevant payment due dates.


(c) Any deposit required by us shall be paid according to the terms of the Contract(s), and subject to these Terms and Conditions, all deposits paid are non-refundable. Any interest accrued on the deposit(s) shall be for the account of the Company. Whether any deposit provided by you constitutes as a portion of the payment amount will be subject to the specific terms and conditions of your Contract with the Company.


(d) Payment of the Amount Owing shall be made in full by the Customer and free of any counterclaim, set-off, deduction, withholding or other claim whatsoever.

6. Contracts

After you have validly placed your order and made payment to us for the Goods pursuant to our invoice, and we have accepted such order and payment, a valid Contract will have been made unless otherwise determined by us. The Contract is therefore concluded in Hong Kong and the language of the contract is English. We may reject your order at any time and arrange for a refund of any amounts already paid to us, whether prior to the conclusion of a Contract or afterwards.

In the event that the price for your order at the time of our intended acceptance of your Contract differs from the price quoted in the Price List or otherwise quoted to you at the time of your order, we will send you an email requiring your acceptance of the updated price before a valid Contract is formed. In this event, a valid Contract will only be formed after we send a confirmation confirming our receipt of your acceptance of the updated price.

We reserve the right to not accept your order for any reason that we deem appropriate in our sole and absolute discretion, including without limitation if we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria set out within our terms and conditions.

We may also refuse to process and therefore not accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise, whether or not that merchandise has been sold, removing, screening or editing any materials or content on offer, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

While we use all reasonable efforts to ensure that the details of our Goods are accurate, we may from time to time discover an error in the pricing of Goods. If we discover an error in the pricing, description, availability or quality of Goods (“Error”), we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a Good that was advertised with an Error and reserve the right to cancel such an order that has been accepted or is in transit. We shall be permitted to cancel and terminate any Contract if it involves any Good that has an Error, and we shall refund you the full purchase price paid by you for any such Good. If you order a Good that has an Error for any reason, we will contact you (whether by email or telephone or otherwise) to inform you that a valid Contract has not yet been made, we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the Goods, we shall refund the full amount as soon as we are able. In the event that Goods are recalled in transit, we will process your refund once the products have been returned to us.

In the event that any order is not accepted, including without limitation due to the lack of availability of a Good, we will send you an email informing you that your order has not been accepted and that a Contract has not been made. We will then arrange for the refund of any payment made in respect of the order as soon as practicable.

You acknowledge and agree that any preferences indicated by you for the Goods (including without limitation bottling and casing preferences) are indications only and shall be subject to availability. Any such preferences shall not be legally binding terms in the Contract under any circumstances, including if such preferences are reflected in the invoice made out to you. You acknowledge and agree that, in the event that any preferences indicated by you are unavailable for the relevant Goods, we shall have your express authority to determine alternative replacements for you. Please refer to the section titled Availability for additional details.

We may, from time to time, include additional offers and promotions for ordering Goods, including without limitation the provision of free gifts, accessories, services or event tickets (“Free Gifts”). All Free Gifts are provided on a complimentary case-by-case basis only, and shall not constitute as an obligation for us or form a part of any Contract. We also make no guarantees, warranties or assurances of any nature in respect of any such Free Gifts, and the use of any Free Gifts shall be done at the sole risk of the user. All Free Gifts may also be subject to separate terms and conditions of ours, which shall be made available to you upon our provision of such Free Gifts. In the event that any Free Gifts involve services or products offered by any third parties, such Free Gifts may be subject to certain terms and conditions from the relevant third parties, and you acknowledge and agree that you shall be aware of and comply with any such terms and conditions. By accepting any Free Gifts provided by us, you agree that you shall be solely responsible for any such Free Gifts, and that you shall indemnify and hold us harmless from any damages, costs or expenses incurred in relation to such Free Gifts.

7. Credit Account

We may, in our sole and absolute discretion, grant credit accounts to you, whereby you may order Goods on credit in accordance with the credit terms specified in the relevant invoices or monthly statements (“Credit Accounts”). The grant of a Credit Account by us is conducted on a case-by-case basis, and we reserve the right to refuse the grant of a Credit Account for any reason.

Subject to our sole and absolute discretion, where payment is on credit, you must pay the outstanding Amount Owing on or before the credit term specified in all invoices and monthly statement(s) of accounts. Failure to do so may result in a credit account being suspended, withdrawn or cancelled, and we reserve the right to retake possession of the Goods from you without prejudice to our right of claim against you for any outstanding Amount Owing.


We may impose a credit limit on such credit account at our sole and absolute discretion, and alter your credit limit without prior notice. Where the credit limit is exceeded, we may refuse to supply Goods to you.


Any outstanding Amount Owing not received by us on or before the specified credit term will incur annual interest at a rate to be determined from time to time (and indicated on all invoices) above the then prime rate quoted by the Hong Kong Association of Banks (as published daily in the South China Morning Post) from the date payment is due until payment is received by us.

We are entitled to suspend, withdraw or cancel any Credit Account at any time without prior notice. Unless otherwise stated by us in writing, the suspension, withdrawal or cancellation of any Credit Account shall immediately cause any Amount Owing (including any interest) under the Credit Account to be due and payable within seven (7) calendar days, and we reserve the right to maintain possession of any Goods of yours until such Amounts Owing and interest (if any) have been fully settled.

8. Delivery and International Shipping

Unless otherwise stated, all of the quoted prices in the Price List are exclusive of shipping and delivery fees. If you require shipping and delivery services, the shipping and delivery fees for your Goods will be calculated based on your Primary Address and may be provided on a separate invoice.

We will engage third party service providers to provide shipping and delivery services.

When you place an order with us, you will have the option to select for the Goods to be shipped to your Primary Address once they are ready, or if you have a Customer Account and you have upgraded your Customer Account to a storage account, to select for the Goods to be stored in our warehouse in accordance with the terms and conditions of our storage services (“Storage Services”). The terms and conditions of our Storage Services could be accessed through this link.

You will have ownership and assume all risk of the Goods on and from when (i) a valid Contract has been made between you and us in accordance with these terms and conditions; and (ii) we have received full payment in respect of the Goods.

We shall not be required to deliver any Goods until all relevant fees in relation to the delivery (including without limitation any shipping fees and insurance costs) have been paid in full.

Unless otherwise stated, all deliveries to you shall be delivered to your Primary Address. All deliveries to your Primary Address shall constitute as valid deliveries to you, and we shall be under no obligation to verify or confirm the accuracy of your Primary Address.

In the event that any delivery fails, is returned or cannot be made for any reason whatsoever, including without limitation if the Primary Address you provided was incorrect, we retain the right to store any Goods to be delivered to you under the terms and conditions of our Storage Services. In the event that any Goods are stored in this manner, you hereby irrevocably authorise us to (i) charge you for providing our Storage Services based on our prevailing rates as an Amount Owing (whether on your Registered Credit Card or otherwise); and (ii) exercise a lien over and/or to sell some or all of the Goods and to deduct any Amount Owing from the proceeds of sale at our sole and absolute discretion.

Additional charges may apply for further delivery attempts or redelivery arrangements.

Unless otherwise expressly waived by you, we insure each purchase during the time it is in transit until it is delivered to your Primary Address. We require a signature for any Goods delivered. In the event that you waive your right to inspect or sign, including without limitation if you are not present for the delivery, the delivery shall be deemed to have been inspected and accepted by you even without your signature. Evidence of the delivery of the Goods to the Regisered Address shall be conclusive evidence of delivery and fulfilment by Omtis. The costs of insurance may be provided to you under a separate invoice.

Unless otherwise stated, we aim to dispatch all orders for wines stored in Hong Kong within five (5) business days from the making of the Contract. Delivery times provided by us are estimates and are to be used as a guide only, and commence from the date of dispatch. In any event, subject to the location of your designated address, we will use commercially reasonable efforts to deliver the Goods that they are stored in Hong Kong to you within 30 business days from the day on which a valid Contract has been made. For Goods stored in our warehouses in France or elsewhere outside of Hong Kong, we aim to dispatch all orders within 6 months from the day on which a valid Contract has been made. Omtis is not responsible for any delays or disruptions caused by any destination customs clearance processes, export or import regulations or other governmental restrictions of any nature.

Notwithstanding anything to the contrary, time for delivery shall not be the essence of any Contract. You acknowledge and agree that any periods or times quoted for delivery are estimates only, and while we will use reasonable endeavours to deliver orders within such times (if any), we do not guarantee, warrant or assure in any manner that such delivery times are accurate or binding. We shall not be liable for any damage or loss suffered by you for any delays in delivery.

If delivery is delayed or disrupted by any event outside of our control, we will contact you as soon as possible to let you know, and we will take commercially reasonable steps to minimize the effect of the delay. Provided we do this, we will not be liable for any delays or disruptions caused by the event.

You acknowledge and agree that, due to the inherent nature of any pre-arrival orders, the delivery of such orders may be subject to delays beyond our reasonable control, including without limitation a late release by the relevant Chateaus. Accordingly, you agree that we shall not be liable for any such delays and you agree to hold us harmless in respect of any such delays.

In the event of any breakage, damage or other deficiency in the Goods during transportation or storage, the delivery of your Goods may be delayed. We will use reasonable efforts to conduct quality checks and ensure that the Goods you receive are of suitable quality. In the event that we identify any breakage, damage or deficiency with any Goods, we will aim to provide you with a replacement for any such Goods, which may result in a delay to the delivery of your order. Notwithstanding the foregoing, we may, in our sole and absolute discretion, provide you with a refund for any Goods that cannot be delivered (whether due to breakage, damage, deficiency or otherwise).

We will also arrange for the insurance of the Goods for all deliveries and shipments.

Additional Delivery Terms and Conditions for Hong Kong Addresses

All deliveries to addresses in Hong Kong are subject to the following additional conditions:-

  • Our delivery service is limited to Hong Kong Island, Kowloon and New Territories, and is not available to the Outlying Islands or restricted areas. Delivery service to Ma Wan is limited to 10 a.m. to 4 p.m. due to restricted access after 4 p.m.;
  • Delivery of five (5) cases or more is only available to addresses above the ground floor where lift service is available. In the event of a lift breakdown, we will contact you to reschedule delivery of the Goods;
  • Our delivery service will be suspended in the event that typhoon signal No. 8 or above or a black rain warning is hoisted. In such circumstances, we will contact you to reschedule for delivery of the Goods;
  • If you wish to change the designated delivery address, you are required to inform us of the change at least one (1) business day in advance of the commencement of the scheduled delivery timeslot;
  • Additional costs may be incurred where special arrangements are required to be made due to restrictions in the offloading area;
  • Delivery to Lantau or Ma Wan is subject to an additional delivery fee of $200 per delivery address.

Ex-Works Goods

Certain Goods may only be offered on an ex works basis (“Ex Works Goods”), which will be specified when you place an order for such Goods. Notwithstanding anything in these Terms and Conditions, the Ex Works Goods shall be provided on an ex works basis, and we will provide you with the details for the collection of the Ex Works Goods (“Collection Details”) ordered by you by email, which may include without limitation the collection time, the collection date and the address of the designated warehouse. Our delivery and insurance obligations under any Contract in relation to Ex Works Goods shall be solely to provide such Ex Works Goods for collection in accordance with the Collection Details (“Ex Works Delivery”), and we shall not be responsible for any insurance or delivery of such Ex Works Goods otherwise. Upon completing the Ex Works Delivery, the title and risk of such Ex Works Goods shall transfer to you, and any damage or defect incurred by any Ex Works Goods shall be your sole responsibility, and we shall not be held liable or responsible in any manner for any such damage or defect.

In the event that any Ex Works Goods are not collected by you at the relevant collection time, you hereby grant us the right (to be exercised at our sole and absolute discretion) to take possession of the Ex Works Goods and arrange for storage of the Ex Works Goods at the prevailing storage rates in accordance with our Storage Services (“Collection and Storage Right”). We shall be under no responsibility or liability to exercise the Collection and Storage Right. You hereby agree that any Ex Works Goods stored by us as a result of our exercise of the Collection and Storage Right shall be subject to the terms and conditions of our Storage Services save that (i) we shall not be liable or responsible in any manner in relation to the quality of the Ex Works Goods; and (ii) unless otherwise agreed, the Ex Works Goods will only be returned to you on an ex works basis and upon the full payment of any storage fees, insurance fees and other costs that may be applicable. You agree to fully reimburse us for any costs, losses or damages as a result of (i) any Ex Works Goods not being collected by you at the relevant collection time; or (ii) our exercise of the Collection and Storage Right.

You shall be solely responsible for the collection of the Ex Works Goods on an ex works basis. We shall be under no responsibility or obligation to ensure that your method of collection is viable, and we shall not be required to assist with the collection, loading or transport of the Ex Works Goods in any manner.

9. Availability

Notwithstanding acceptance by us of any order placed by you, including entering into a Contract with you, all Goods are offered for sale subject to availability. In the event that stocks of Goods ordered by you are not available, we will use our reasonable endeavours to contact you to arrange for replacement or arrange for a full refund. Additionally, in the event of unavailability of any Good, we reserve the right to select and deliver to you a substitute (of equal or higher value) of the Good that was ordered, to avoid a delay in the delivery of orders. If we are unable to supply a particular Good, or we do not supply a substitute, we will not be liable to you in any way except to (i) ensure you are not charged for that Good; or (ii) if you have already paid for that Good, to provide you with a full refund.


You also acknowledge that vintages and bottle size(s) of all wines are subject to availability and the final confirmation by us. In the event that any bottle size preferences you have selected are unavailable, we will (i) notify you and provide you with the alternative bottle sizes that are available; and (ii) provide you with a proportionate refund and/or invoice for the additional amounts payable (if any) for the alternative bottle sizes. In the event that additional payments are required for the alternative bottle sizes, we shall be under no obligation to obtain the bottles and deliver them to you until we have received the additional payment in full, and we shall retain the right to cancel the Contract and reimburse you for the amounts paid to us at any time.

Any replacements or refunds (of equal or higher value to the original Goods purchased) by us shall constitute as the full and final settlement of any Contract, order, dispute or claim of any nature. We shall not be obliged, under any circumstances, to offer a replacement or refund of any Goods, and we shall be entitled to do so at our sole and absolute discretion.

10. Cancellation

(a) Subject to Clause 10(b), cancellation by you will not be accepted and any deposit or other payment paid by you will not be refunded by us once orders for Goods have been made, unless a written notice of cancellation is received by us at least one (1) month prior to the scheduled delivery date and accepted in writing by us. Upon the receipt and the acceptance of a valid notice of cancellation, we shall arrange (in our sole and absolute discretion) for either a refund of, or issue a credit for, the purchase price of the Goods to you, with the applicable terms and conditions.


(b) We shall not be obliged to accept a notice of cancellation, and the acceptance or rejection of any notice of cancellations provided to us shall be determined on a case-by-case basis. Any cancellation accepted by us is so accepted on the condition that all costs, damages, losses (including loss of profit), charges and expenses incurred by us by reason of such cancellation will be fully indemnified and paid by you.

(c) We shall be permitted to cancel any order and terminate any Contract prior to delivery of the order. In the event of any such cancellation, we shall arrange for a full refund of any deposit or payments made by you. Any such refunds by us shall constitute as the full and final settlement of any Contract, order, dispute or claim of any nature.

11. Breakage and Shortage

You are required to examine the Goods at the time of delivery or collection to ensure that there are no breakages, shortages or deficiencies of any nature, and you shall be deemed to have examined the Goods upon delivery regardless of whether you waive or exercise such right. You are required to be physically present at delivery to examine and receive the Goods, and in the event that you are not physically present at delivery, the delivery of the Goods to your Primary Address shall also constitute your receipt of the Goods after examination. No claims for breakage, shortage, or deficiency of any nature in relation to the Goods will be accepted by us unless we are informed at the time of delivery or collection of such breakage, shortage, or deficiency. You will be deemed to accept the Goods with full satisfaction upon receipt of the Goods, and no returns will be accepted thereafter. Any breakage, shortage or deficiency identified after the delivery and receipt of the Goods by you shall be deemed to have occurred after the delivery of the Goods, and we shall not be held liable in any manner for any such breakage, shortage or deficiency.

After the delivery of the Goods and their receipt by you, no complaints made by you will be entertained by us thereafter. We may, at our sole and absolute discretion, offer a replacement or credit in favour of you in respect of any matters we deem appropriate.

12. Faulty Goods

Subject to the provisions in this Clause, all Goods delivered are non-returnable after delivery. Where it is discovered that a bottle of wine is contaminated with cork taint (commonly known as and referred to as the “Corked Wine”), you must notify us in writing within twenty-four (24) hours (the “Notification”) and must return the Corked Wine us within two (2) working days from the Notification to our offices at Suite M1, 10/F Kaiser Estate Phase 3, 11 Hok Yuen Street, Hung Hom, Kowloon, Hong Kong for our examination. We will, at our sole and absolute discretion, offer a replacement or credit in favour of you provided that:

(a) The original cork was put back in the opened Corked Wine with at least 2/3 of the content remaining in the bottle upon return.


(b) the value of the Corked Wine does not exceed HK$700.00 per bottle or the vintage of the wine is less than 10 years old;


(c) your claims are genuine as determined by us;


(d) the Corked Wine was purchased from us and you have no Amounts Owing ; and


(e) the Corked Wine has been appropriately stored by you in accordance with the applicable Wine Storage Management Systems Certification requirements during the period of storage, and supporting documents and evidence (including photographs where appropriate) of such storage should be provided to us for assessment.


We are not obliged to deliver any replacement of the Goods to any address outside of Hong Kong.

In order for us to determine that the Corked Wine was not corked due to any fault of yours, we may request for additional information or documents from you as we may deem appropriate in our sole and absolute discretion.

13. Title and Risks

All title and risk of the Goods shall belong to us until a Contract has been formed between you and us, and after payment in respect of the Goods has been made. Upon the formation of a Contract between you and us and our receipt of all payment in respect of the Goods, all title and risk of the Goods shall be transferred to you.

You irrevocably authorise us to arrange for the transportation, storage and handling of any Goods ordered by you as may be appropriate.

14. Wine Event Tickets for Third Party Wine Events

Tickets (“Third Party Wine Event Tickets”) for wine events held by third parties (“Third Party Wine Events”) may, from time to time, be sold by us. Tickets are not refundable and not transferrable, unless otherwise agreed. As the Third Party Wine Events will be operated by third parties (“Operator”) independent from us, you acknowledge and agree that we shall have no control over or association with any such Third Party Wine Events, and as such, we shall have no liability in any manner in relation to any Third Party Wine Event. Notwithstanding anything to the contrary, the sale of any Third Party Wine Event Tickets is subject to the terms and conditions of the Operator.

You hereby acknowledge and agree that the sales of any Third Party Wine Event Tickets constitute as a sale of the tickets as goods only, and that we shall have no responsibility for, and we do not warrant, guarantee or represent any matter, service, description or term in relation to any Third Party Wine Events. You further acknowledge and agree that you shall be solely responsible for attending any such Third Party Wine Events, and hold us harmless from any damages, costs or expenses that may be incurred in respect of or arising out of any Third Party Wine Events.

You hereby agree and acknowledge that, in the event that you have any dispute, complaint, grievance, contention or disagreement of any nature in relation to any Third Party Wine Event Tickets or Third Party Wine Events, you shall direct any such dispute, complaint, grievance, contention or disagreement to the relevant third party operating the Third Party Wine Events.

We reserve the right to cancel or terminate any Third Party Wine Event Tickets at any time. In the event of any such cancellation or termination, we will arrange for a full refund of the Third Party Wine Event Tickets.

For the avoidance of doubt, our Wine Events General Terms and Conditions are not applicable to any Third Party Wine Events or the sale and purchase of any Third Party Wine Event Tickets.

15. Limitation of Liability

We shall not be liable to you for ullages or for any deterioration in the condition of any wine products (which can occur naturally to all wines products no matter how well cared for).


To the extent permitted under law, we shall not be liable to you for any claim (whether arising in or for contract, tort (including but not limited to negligence), breach of statutory duty, misrepresentation (other than fraudulent or negligent misrepresentation) or otherwise) under or in connection with these Terms and Conditions for:


(i) any economic losses (including but not limited to loss of profit, revenue, anticipated savings, business or contract);


(ii) any loss of goodwill or reputation; or


(iii) any special, indirect or consequential loss.


Our maximum liability in respect of or in connection with any Goods under or in connection with any Contract shall be limited to the price of the Goods paid by you.


You agree to indemnify us against all costs, expenses, losses and damages incurred by us in connection with or as a result of breach of any of these Terms and Conditions by you.

16. Compliance with Laws and Regulations

You shall comply with all applicable laws, statutes, by-laws, directives, decisions, regulations, rules, orders and notices having the force of law and any applicable codes of practice.

17. Force Majeure

We reserve the right to defer the date of delivery and suspend further performance of the Contract if it is prevented or hindered from performing any part of the Contract by any circumstances beyond our control including (but without limiting the generality of the foregoing) acts of God, strikes, lock-outs, labour disputes or other industrial actions, embargoes, wars, riots, civil disturbances, malicious damage, government interventions, accidents, fire, floods, disease, outbreaks, sanctions and storms and any other events to the extent that it is beyond our control (each individually referred to as a “Force Majeure Event”). We will use all reasonable endeavours without being obliged to incur any expenditure or cost, to resume delivery and performance of the Contract once the Force Majeure Event ceases.

18. Governing Law and Jurisdiction

These Terms and Conditions and each Contract shall be governed by and construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region and we and you irrevocably submit to the non-exclusive jurisdiction of the Hong Kong Courts.

19. Failure to Comply

If payment in full of any Amount Owing is not made within one month from the date payment is due, or an Event of Default occurs, then we may without prejudice and in addition to any other rights or remedies exercise all or any of the following rights:


(a) Delay delivery of any Goods until the matter is resolved to our satisfaction;


(b) Suspend or cancel (in whole or in part) any delivery;


(c) Exercise a lien over and/or to sell some or all of your Goods and to deduct any outstanding amounts from the proceeds of sale at our sole and absolute discretion. We shall account to you any remaining balance (if any) after settling all Amounts Owing by you;


(d) Recover from you, or deduct from or set-off against any Amount Owing, amounts for any damage, loss or cost (including legal costs) to us relating to the non-performance by you; or


(e) By notice to you, require that all your indebtedness to us, whether or not due, is paid immediately and such amount will then become due and payable.

20. Contract by Corporation

Where you are a corporation, we shall be entitled to treat a person purporting to have authority to make orders on behalf of you as being duly authorised by you. You shall not be entitled to refuse delivery of any orders by reason of invalid authorisation of the person placing such order on behalf of you. You agree to indemnify us for and against all losses, damages, costs and expenses suffered by us if delivery is refused by any of your officers, employees, agents or representatives for any reason.

21. Third Party Sites and Services

The Customer Account and the services provided by us may also refer you to third party sites as well as services provided by third parties (“Third Party Services”). We may also work with providers of Third Party Services from time to time (including without limitation credit card and payment service providers, insurance service providers and valuation service providers) to facilitate the provision of our services. The providers of Third Party Services include, without limitation, Liv-ex, Tawk.to, Mailchimp, Zoom, Whatsapp, Facebook, Instagram, Linkedin, SyncApps by Cazoomi, Netsuite, Oracle, Digital Butter, GOGOX, TNT Express, MSIG Insurance (Hong Kong) Limited, Zurich Insurance Plc, Liberty Mutual Insurance Europe SE.

The access and use of any Third Party Services shall be done solely at your own risk. Any use of any Third Party Services will be subject to and any information you provide will be governed by the terms of the Third Party Services, including those relating to confidentiality, data privacy and security.

Unless otherwise expressly stated in writing, we are not in any way associated with the owner or operator of any Third Party Services or responsible or liable for any Third Party Services offered by them or for anything in connection with such Third Party Services. We do not control or operate in any way any of the Third Party Services or the providers of any Third Party Services. We do not make any guarantees, representations or undertakings of any nature of any aspect of Third Party Services or any providers of Third Party Services, including without limitation the quality of any such service, what information they may collect or require, or whether any such services are safe for use.

We disclaim liability for (i) any loss, damage and any other consequence resulting directly or indirectly from or relating to your access to or use of any Third Party Services or any information that you may provide or any transaction conducted on or via any Third Party Services; and (ii) the failure of any information, goods or services posted or offered by any Third Party Services or any error, omission or misrepresentation on any Third Party Services or any computer virus arising from or system failure associated with any Third Party Services.

The terms and conditions of certain Third Party Services that may be applicable to you include the following:-

Liv-ex:

https://www.liv-ex.com/liv-ex-membership-terms/

Vivino:

https://www.vivino.com/terms

Stripe:

https://stripe.com/en-hk/checkout/legal

The above links are provided for reference purposes only, and we do not make any warranty, guarantee or assurance in relation to such terms and conditions, including without limitation as to whether such terms and conditions are up to date or whether they are applicable. It is the sole responsibility of the Customers who access or use any Third Party Services to identify the terms and conditions of such Third Party Services.

22. Privacy Policy

You are required to consent and agree to the Privacy Policy in order to create or use a Customer Account.

We may collect and use your personal data in accordance with the Privacy Policy, which may be updated and amended from time to time.

Please refer to our Privacy Policy for information about how we use your data, which can be accessed through this link.

23. Intellectual Property Rights and Accuracy

Your use of the Customer Account, our website, our platform or any other materials and its contents (“Platforms”) grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to our content or Goods (“Content”), including without limitation any Omtis software and all HTML and other code contained in our websites and platforms. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on our Platforms are protected by intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by us and/or our third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

In addition to the Intellectual property rights mentioned above, "Content" shall also include any graphics, photographs, including all image rights, sounds, music, video, audio or text on our Platforms.

We try to ensure that the information on our Platforms is accurate and complete. We do not guarantee, warrant or assure in any manner that our Content is accurate or error-free. We do not guarantee, warrant or assure in any manner that the functional aspects of our Platforms our Content will be error free, or that our Platforms or Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal or corporate opinions of any critics, producers, vineyards, estates, chateaus and any other suppliers, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Omtis. Our association or affiliation with any such third parties, whether prior to or subsequent to their expression of any such opinions, does not mean that we agree with any such opinions unless otherwise expressly stated by us. We accept no responsibility for any such opinions or views expressed by any such third parties in any media.

We may, from time to time, publish reviews, opinions, ratings and other commentaries, including publishing reviews, opinions, ratings and other commentaries made by third parties, such as any critics, producers, vineyards, estates, chateaus and any other suppliers (“Reviews”). You acknowledge and agree that any such Reviews are inherently of a subjective nature, and may not be applicable for you or reflect your opinions on the matter. You further acknowledge and agree that any such Reviews are provided for your reference purposes only, and is not intended to be, and should not be, relied upon by you under any circumstances.

Our Content may use terms which may have technical meanings (“Technical Terms”), including without limitation investment, return on investment, valuation and profit. Unless otherwise specified, all Technical Terms used, included or referred to in our Content is used as general terms adopting their ordinary and general meanings only, and shall not constitute as or be interpreted to adopt any technical meanings. By using our Content, you agree and acknowledge that any such Technical Terms used shall be interpreted by you using their ordinary and general meanings only, and that you shall not infer or interpret any technical meanings in relation to any Technical Terms. You further acknowledge and agree that we shall not be responsible for the use of any Technical Terms in our Content, and you agree to indemnify and hold us harmless in respect of any costs, expenses or losses that may be incurred in relation to our use of any Technical Terms.

24. No Commercial Use

Our Platforms are provided for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within our Platforms. You may not use our Platforms, or any of our Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own platforms.

25. General

(a) In Hong Kong, it is illegal to sell alcohol to any person under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with us, you confirm and warrant that you are at least 18 years old (or otherwise above any applicable age limit). At the time of delivery of your order, we or our agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, we or our agent may refuse to deliver the order, and you would be deemed to be in breach of the Contract.


(b) No delay in exercising or non-exercise by us of any right, power or remedy under or in connection with these Terms and Conditions shall impair such right, power or remedy or operate as a waiver or release of it.


(c) If any provision, or any part of any provision, of these Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and our liability and your liability shall not be affected or impaired.

(e) You may not assign, transfer or otherwise deal with your rights, interests or obligations under these Terms and Conditions or enter into any transaction which would result in any of those obligations passing to another person without our prior written consent.

(f) When a Contract is formed, a person who is not a party to that Contract shall have no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) to enforce or enjoy the benefit of any of its terms.

(g) You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you us as a result of these Terms and Conditions or your use of any of our Platforms. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ours, and we shall not be liable for any representation, act, or omission on your part.

(h) In the event of any disputes, we reserve the right of final decision on all matters. All decisions made by us shall be final and binding.

TRADITIONAL TERMS & CONDITIONS FOR OMTIS WINE INVESTMENTS

GENERAL TERMS

Please read these standard terms and conditions of sale of Omtis Wine Investments Limited (“Terms and Conditions”) carefully before placing your order with Omtis Wine Investments Limited and also retain a copy of these Terms and Conditions and your order for future reference.

Unless otherwise specified, these Terms and Conditions apply to and form part of every Contract (as defined below) between Omtis Wine Investments Limited and its Customers (as defined below) if you order from us in any manner (including without limitation through email, fax, phone or other methods of communication) other than through our e-commerce platform.

If you are ordering from us through our e-commerce platform, please refer to the following terms and conditions which would apply to your orders and contracts instead:-

https://www.omtisfinewines.com/terms

These Terms and Conditions would not apply to any orders and contracts made through our e-commerce platform.

1. Interpretation

In these Terms and Conditions:-


(a) "Amount(s) Owing" means the price charged by the Company for the Goods, and any other sums which the Company is entitled to charge under any Contract including any interest accruing thereon;


(b) "Company" “We”, “Our”, “Us”, “Omtis” means Omtis Wine Investments Limited, a limited company incorporated in Hong Kong and operating under the business name of “Omtis Wine Investments”;


(c) "Contract" means any agreement between the Company and the Customer for the sale by and the purchase of Goods from the Company;


(d) "Customer", “You” means any person, firm, company, corporation or body which places an order with the Company and if comprises of more than one person, each person's liability is joint and several;


(e) "Event of Default" means an event where the Customer fails to comply with these Terms and Conditions or any other Contract with the Company; or the Customer commits an act of bankruptcy; or the Customer enters into any composition or arrangement with its creditors; or if the Customer is a company, the Customer has done or does anything which would make it liable to be put into liquidation; or a resolution is or has been passed or an application is or has been made for the liquidation of the Customer; or an administrator, receiver or similar officer is or has been appointed over all or any of the Customer’s assets;


(f) "Goods" means any product, equipment, material or other item sold by the Company under any Contract;


(g) "Price List" means the price list prepared by the Company for the Goods, which may be revised from time to time by the Company, without prior notice.

(h) "Privacy Policy" means the privacy policy of the Company as amended from time to time, which can be accessed through this link.

(k) "Primary Address" means the address provided by you as the delivery address for your order of Goods.

(l) "Registered Credit Card" means the credit card provided by you for your order of Goods.

2. Terms and Conditions

These Terms and Conditions are all of the terms and conditions under which the Goods are to be supplied and shall prevail over any terms and conditions which you may stipulate, incorporate or refer to in writing or orally and shall prevail over any terms, conditions, warranties or representations which we or any employee, representative or agent of ours may have stipulated, incorporated or referred to in relation to any previous Contracts, in advertising or otherwise and whether in writing or orally.


We may vary or alter these Terms and Conditions from time to time without notice to you.

No variation to or alteration of these Terms and Conditions will bind us unless made in writing and signed by a director or an authorised signatory of ours.


Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business. A “minor” would be any persons under the age of 18.

3. Orders

Orders can also be placed directly with us at Suite M1, 10/F, Kaiser Estate Phase 3, 11 Hok Yuen Street, Hunghom, Kowloon, Hong Kong, by phone on (852) 2333 0241, by fax on (852) 2363 6014, by email at sales@omtis.com or via our website (www.omtisfinewines.com).

Use of our website is subject to our Privacy Policy and our E-Commerce Terms and Conditions, which can be found on the website.

Please refer to our Privacy Policy for information about how we use your data, which can be accessed through this link.

4. Prices

All prices are subject to change by the Company without prior notice. Unless otherwise quoted by us, Please refer to the Company’s latest Price List which can be accessed through this link: https://www.omtisfinewines.com/services/trade

All offers and prices are quoted on ex-warehouse basis for export to Asian Markets only and are exclusive of freight, delivery, duties and taxes, unless otherwise agreed in writing.

5. Payment

(a) Unless otherwise specified, an order for Goods will only be validly placed when we receive advance or immediate payment for the Goods in our designated account. Upon our receipt of an intended order, we will provide you with an invoice containing the amount payable in advance for the intended order, whereupon you would be required to arrange for the settlement of such invoice within [seven (7) calendar days] or such other period specified in the invoice. An order will be deemed to be validly placed once we receive the settlement amount for an invoice.


(b) Unless otherwise agreed, you shall pay the Amount Owing (if any) on delivery of the Goods in the relevant currency specified in the invoice either by cash, cheque, credit card or by bank transfer in accordance with the relevant payment instructions. If applicable, you will receive a monthly statement of accounts which itemises each transaction and sets out the relevant payment due dates.


(c) Any deposit required by us shall be paid according to the terms of the Contract(s), and subject to these Terms and Conditions, all deposits paid are non-refundable. Any interest accrued on the deposit(s) shall be for the account of the Company. Whether any deposit provided by you constitutes as a portion of the payment amount will be subject to the specific terms and conditions of your Contract with the Company.


(d) Payment of the Amount Owing shall be made in full by the Customer and free of any counterclaim, set-off, deduction, withholding or other claim whatsoever.

6. Contracts

After you have validly placed your order and made payment to us for the Goods pursuant to our invoice, and we have accepted such order and payment, a valid Contract will have been made unless otherwise determined by us. The Contract is therefore concluded in Hong Kong and the language of the contract is English. We may reject your order at any time and arrange for a refund of any amounts already paid to us, whether prior to the conclusion of a Contract or afterwards.

In the event that the price for your order at the time of our intended acceptance of your Contract differs from the price quoted in the Price List or otherwise quoted to you at the time of your order, we will send you an email requiring your acceptance of the updated price before a valid Contract is formed. In this event, a valid Contract will only be formed after we send a confirmation confirming our receipt of your acceptance of the updated price.

We reserve the right to not accept your order for any reason that we deem appropriate in our sole and absolute discretion, including without limitation if we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria set out within our terms and conditions.

We may also refuse to process and therefore not accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise, whether or not that merchandise has been sold, removing, screening or editing any materials or content on offer, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

While we use all reasonable efforts to ensure that the details of our Goods are accurate, we may from time to time discover an error in the pricing of Goods. If we discover an error in the pricing, description, availability or quality of Goods (“Error”), we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a Good that was advertised with an Error and reserve the right to cancel such an order that has been accepted or is in transit. We shall be permitted to cancel and terminate any Contract if it involves any Good that has an Error, and we shall refund you the full purchase price paid by you for any such Good. If you order a Good that has an Error for any reason, we will contact you (whether by email or telephone or otherwise) to inform you that a valid Contract has not yet been made, we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the Goods, we shall refund the full amount as soon as we are able. In the event that Goods are recalled in transit, we will process your refund once the products have been returned to us.

In the event that any order is not accepted, including without limitation due to the lack of availability of a Good, we will send you an email informing you that your order has not been accepted and that a Contract has not been made. We will then arrange for the refund of any payment made in respect of the order as soon as practicable.

You acknowledge and agree that any preferences indicated by you for the Goods (including without limitation bottling and casing preferences) are indications only and shall be subject to availability. Any such preferences shall not be legally binding terms in the Contract under any circumstances, including if such preferences are reflected in the invoice made out to you. You acknowledge and agree that, in the event that any preferences indicated by you are unavailable for the relevant Goods, we shall have your express authority to determine alternative replacements for you. Please refer to the section titled Availability for additional details.

We may, from time to time, include additional offers and promotions for ordering Goods, including without limitation the provision of free gifts, accessories, services or event tickets (“Free Gifts”). All Free Gifts are provided on a complimentary case-by-case basis only, and shall not constitute as an obligation for us or form a part of any Contract. We also make no guarantees, warranties or assurances of any nature in respect of any such Free Gifts, and the use of any Free Gifts shall be done at the sole risk of the user. All Free Gifts may also be subject to separate terms and conditions of ours, which shall be made available to you upon our provision of such Free Gifts. In the event that any Free Gifts involve services or products offered by any third parties, such Free Gifts may be subject to certain terms and conditions from the relevant third parties, and you acknowledge and agree that you shall be aware of and comply with any such terms and conditions. By accepting any Free Gifts provided by us, you agree that you shall be solely responsible for any such Free Gifts, and that you shall indemnify and hold us harmless from any damages, costs or expenses incurred in relation to such Free Gifts.

7. Credit Account

We may, in our sole and absolute discretion, grant credit accounts to you, whereby you may order Goods on credit in accordance with the credit terms specified in the relevant invoices or monthly statements (“Credit Accounts”). The grant of a Credit Account by us is conducted on a case-by-case basis, and we reserve the right to refuse the grant of a Credit Account for any reason.

Subject to our sole and absolute discretion, where payment is on credit, you must pay the outstanding Amount Owing on or before the credit term specified in all invoices and monthly statement(s) of accounts. Failure to do so may result in a credit account being suspended, withdrawn or cancelled, and we reserve the right to retake possession of the Goods from you without prejudice to our right of claim against you for any outstanding Amount Owing.


We may impose a credit limit on such credit account at our sole and absolute discretion, and alter your credit limit without prior notice. Where the credit limit is exceeded, we may refuse to supply Goods to you.


Any outstanding Amount Owing not received by us on or before the specified credit term will incur annual interest at a rate to be determined from time to time (and indicated on all invoices) above the then prime rate quoted by the Hong Kong Association of Banks (as published daily in the South China Morning Post) from the date payment is due until payment is received by us.

We are entitled to suspend, withdraw or cancel any Credit Account at any time without prior notice. Unless otherwise stated by us in writing, the suspension, withdrawal or cancellation of any Credit Account shall immediately cause any Amount Owing (including any interest) under the Credit Account to be due and payable within seven (7) calendar days, and we reserve the right to maintain possession of any Goods of yours until such Amounts Owing and interest (if any) have been fully settled.

8. Delivery and International Shipping

Unless otherwise stated, all of the quoted prices in the Price List are exclusive of shipping and delivery fees. If you require shipping and delivery services, the shipping and delivery fees for your Goods will be calculated based on your Primary Address and may be provided on a separate invoice.

We will engage third party service providers to provide shipping and delivery services.

When you place an order with us, you will have the option to select for the Goods to be shipped to your Primary Address once they are ready, or if you have a Customer Account and you have upgraded your Customer Account to a storage account, to select for the Goods to be stored in our warehouse in accordance with the terms and conditions of our storage services (“Storage Services”). The terms and conditions of our Storage Services could be accessed through this link.

You will have ownership and assume all risk of the Goods on and from when (i) a valid Contract has been made between you and us in accordance with these terms and conditions; and (ii) we have received full payment in respect of the Goods.

We shall not be required to deliver any Goods until all relevant fees in relation to the delivery (including without limitation any shipping fees and insurance costs) have been paid in full.

Unless otherwise stated, all deliveries to you shall be delivered to your Primary Address. All deliveries to your Primary Address shall constitute as valid deliveries to you, and we shall be under no obligation to verify or confirm the accuracy of your Primary Address.

In the event that any delivery fails, is returned or cannot be made for any reason whatsoever, including without limitation if the Primary Address you provided was incorrect, we retain the right to store any Goods to be delivered to you under the terms and conditions of our Storage Services. In the event that any Goods are stored in this manner, you hereby irrevocably authorise us to (i) charge you for providing our Storage Services based on our prevailing rates as an Amount Owing (whether on your Registered Credit Card or otherwise); and (ii) exercise a lien over and/or to sell some or all of the Goods and to deduct any Amount Owing from the proceeds of sale at our sole and absolute discretion.

Additional charges may apply for further delivery attempts or redelivery arrangements.

Unless otherwise expressly waived by you, we insure each purchase during the time it is in transit until it is delivered to your Primary Address. We require a signature for any Goods delivered. In the event that you waive your right to inspect or sign, including without limitation if you are not present for the delivery, the delivery shall be deemed to have been inspected and accepted by you even without your signature. Evidence of the delivery of the Goods to the Regisered Address shall be conclusive evidence of delivery and fulfilment by Omtis. The costs of insurance may be provided to you under a separate invoice.

Unless otherwise stated, we aim to dispatch all orders for wines stored in Hong Kong within five (5) business days from the making of the Contract. Delivery times provided by us are estimates and are to be used as a guide only, and commence from the date of dispatch. In any event, subject to the location of your designated address, we will use commercially reasonable efforts to deliver the Goods that they are stored in Hong Kong to you within 30 business days from the day on which a valid Contract has been made. For Goods stored in our warehouses in France or elsewhere outside of Hong Kong, we aim to dispatch all orders within 6 months from the day on which a valid Contract has been made. Omtis is not responsible for any delays or disruptions caused by any destination customs clearance processes, export or import regulations or other governmental restrictions of any nature.

Notwithstanding anything to the contrary, time for delivery shall not be the essence of any Contract. You acknowledge and agree that any periods or times quoted for delivery are estimates only, and while we will use reasonable endeavours to deliver orders within such times (if any), we do not guarantee, warrant or assure in any manner that such delivery times are accurate or binding. We shall not be liable for any damage or loss suffered by you for any delays in delivery.

If delivery is delayed or disrupted by any event outside of our control, we will contact you as soon as possible to let you know, and we will take commercially reasonable steps to minimize the effect of the delay. Provided we do this, we will not be liable for any delays or disruptions caused by the event.

You acknowledge and agree that, due to the inherent nature of any pre-arrival orders, the delivery of such orders may be subject to delays beyond our reasonable control, including without limitation a late release by the relevant Chateaus. Accordingly, you agree that we shall not be liable for any such delays and you agree to hold us harmless in respect of any such delays.

In the event of any breakage, damage or other deficiency in the Goods during transportation or storage, the delivery of your Goods may be delayed. We will use reasonable efforts to conduct quality checks and ensure that the Goods you receive are of suitable quality. In the event that we identify any breakage, damage or deficiency with any Goods, we will aim to provide you with a replacement for any such Goods, which may result in a delay to the delivery of your order. Notwithstanding the foregoing, we may, in our sole and absolute discretion, provide you with a refund for any Goods that cannot be delivered (whether due to breakage, damage, deficiency or otherwise).

We will also arrange for the insurance of the Goods for all deliveries and shipments.

Additional Delivery Terms and Conditions for Hong Kong Addresses

All deliveries to addresses in Hong Kong are subject to the following additional conditions:-

  • Our delivery service is limited to Hong Kong Island, Kowloon and New Territories, and is not available to the Outlying Islands or restricted areas. Delivery service to Ma Wan is limited to 10 a.m. to 4 p.m. due to restricted access after 4 p.m.;
  • Delivery of five (5) cases or more is only available to addresses above the ground floor where lift service is available. In the event of a lift breakdown, we will contact you to reschedule delivery of the Goods;
  • Our delivery service will be suspended in the event that typhoon signal No. 8 or above or a black rain warning is hoisted. In such circumstances, we will contact you to reschedule for delivery of the Goods;
  • If you wish to change the designated delivery address, you are required to inform us of the change at least one (1) business day in advance of the commencement of the scheduled delivery timeslot;
  • Additional costs may be incurred where special arrangements are required to be made due to restrictions in the offloading area;
  • Delivery to Lantau or Ma Wan is subject to an additional delivery fee of $200 per delivery address.

Ex-Works Goods

Certain Goods may only be offered on an ex works basis (“Ex Works Goods”), which will be specified when you place an order for such Goods. Notwithstanding anything in these Terms and Conditions, the Ex Works Goods shall be provided on an ex works basis, and we will provide you with the details for the collection of the Ex Works Goods (“Collection Details”) ordered by you by email, which may include without limitation the collection time, the collection date and the address of the designated warehouse. Our delivery and insurance obligations under any Contract in relation to Ex Works Goods shall be solely to provide such Ex Works Goods for collection in accordance with the Collection Details (“Ex Works Delivery”), and we shall not be responsible for any insurance or delivery of such Ex Works Goods otherwise. Upon completing the Ex Works Delivery, the title and risk of such Ex Works Goods shall transfer to you, and any damage or defect incurred by any Ex Works Goods shall be your sole responsibility, and we shall not be held liable or responsible in any manner for any such damage or defect.

In the event that any Ex Works Goods are not collected by you at the relevant collection time, you hereby grant us the right (to be exercised at our sole and absolute discretion) to take possession of the Ex Works Goods and arrange for storage of the Ex Works Goods at the prevailing storage rates in accordance with our Storage Services (“Collection and Storage Right”). We shall be under no responsibility or liability to exercise the Collection and Storage Right. You hereby agree that any Ex Works Goods stored by us as a result of our exercise of the Collection and Storage Right shall be subject to the terms and conditions of our Storage Services save that (i) we shall not be liable or responsible in any manner in relation to the quality of the Ex Works Goods; and (ii) unless otherwise agreed, the Ex Works Goods will only be returned to you on an ex works basis and upon the full payment of any storage fees, insurance fees and other costs that may be applicable. You agree to fully reimburse us for any costs, losses or damages as a result of (i) any Ex Works Goods not being collected by you at the relevant collection time; or (ii) our exercise of the Collection and Storage Right.

You shall be solely responsible for the collection of the Ex Works Goods on an ex works basis. We shall be under no responsibility or obligation to ensure that your method of collection is viable, and we shall not be required to assist with the collection, loading or transport of the Ex Works Goods in any manner.

9. Availability

Notwithstanding acceptance by us of any order placed by you, including entering into a Contract with you, all Goods are offered for sale subject to availability. In the event that stocks of Goods ordered by you are not available, we will use our reasonable endeavours to contact you to arrange for replacement or arrange for a full refund. Additionally, in the event of unavailability of any Good, we reserve the right to select and deliver to you a substitute (of equal or higher value) of the Good that was ordered, to avoid a delay in the delivery of orders. If we are unable to supply a particular Good, or we do not supply a substitute, we will not be liable to you in any way except to (i) ensure you are not charged for that Good; or (ii) if you have already paid for that Good, to provide you with a full refund.


You also acknowledge that vintages and bottle size(s) of all wines are subject to availability and the final confirmation by us. In the event that any bottle size preferences you have selected are unavailable, we will (i) notify you and provide you with the alternative bottle sizes that are available; and (ii) provide you with a proportionate refund and/or invoice for the additional amounts payable (if any) for the alternative bottle sizes. In the event that additional payments are required for the alternative bottle sizes, we shall be under no obligation to obtain the bottles and deliver them to you until we have received the additional payment in full, and we shall retain the right to cancel the Contract and reimburse you for the amounts paid to us at any time.

Any replacements or refunds (of equal or higher value to the original Goods purchased) by us shall constitute as the full and final settlement of any Contract, order, dispute or claim of any nature. We shall not be obliged, under any circumstances, to offer a replacement or refund of any Goods, and we shall be entitled to do so at our sole and absolute discretion.

10. Cancellation

(a) Subject to Clause 10(b), cancellation by you will not be accepted and any deposit or other payment paid by you will not be refunded by us once orders for Goods have been made, unless a written notice of cancellation is received by us at least one (1) month prior to the scheduled delivery date and accepted in writing by us. Upon the receipt and the acceptance of a valid notice of cancellation, we shall arrange (in our sole and absolute discretion) for either a refund of, or issue a credit for, the purchase price of the Goods to you, with the applicable terms and conditions.


(b) We shall not be obliged to accept a notice of cancellation, and the acceptance or rejection of any notice of cancellations provided to us shall be determined on a case-by-case basis. Any cancellation accepted by us is so accepted on the condition that all costs, damages, losses (including loss of profit), charges and expenses incurred by us by reason of such cancellation will be fully indemnified and paid by you.

(c) We shall be permitted to cancel any order and terminate any Contract prior to delivery of the order. In the event of any such cancellation, we shall arrange for a full refund of any deposit or payments made by you. Any such refunds by us shall constitute as the full and final settlement of any Contract, order, dispute or claim of any nature.

11. Breakage and Shortage

You are required to examine the Goods at the time of delivery or collection to ensure that there are no breakages, shortages or deficiencies of any nature, and you shall be deemed to have examined the Goods upon delivery regardless of whether you waive or exercise such right. You are required to be physically present at delivery to examine and receive the Goods, and in the event that you are not physically present at delivery, the delivery of the Goods to your Primary Address shall also constitute your receipt of the Goods after examination. No claims for breakage, shortage, or deficiency of any nature in relation to the Goods will be accepted by us unless we are informed at the time of delivery or collection of such breakage, shortage, or deficiency. You will be deemed to accept the Goods with full satisfaction upon receipt of the Goods, and no returns will be accepted thereafter. Any breakage, shortage or deficiency identified after the delivery and receipt of the Goods by you shall be deemed to have occurred after the delivery of the Goods, and we shall not be held liable in any manner for any such breakage, shortage or deficiency.

After the delivery of the Goods and their receipt by you, no complaints made by you will be entertained by us thereafter. We may, at our sole and absolute discretion, offer a replacement or credit in favour of you in respect of any matters we deem appropriate.

12. Faulty Goods

Subject to the provisions in this Clause, all Goods delivered are non-returnable after delivery. Where it is discovered that a bottle of wine is contaminated with cork taint (commonly known as and referred to as the “Corked Wine”), you must notify us in writing within twenty-four (24) hours (the “Notification”) and must return the Corked Wine us within two (2) working days from the Notification to our offices at Suite M1, 10/F Kaiser Estate Phase 3, 11 Hok Yuen Street, Hung Hom, Kowloon, Hong Kong for our examination. We will, at our sole and absolute discretion, offer a replacement or credit in favour of you provided that:

(a) The original cork was put back in the opened Corked Wine with at least 2/3 of the content remaining in the bottle upon return.


(b) the value of the Corked Wine does not exceed HK$700.00 per bottle or the vintage of the wine is less than 10 years old;


(c) your claims are genuine as determined by us;


(d) the Corked Wine was purchased from us and you have no Amounts Owing ; and


(e) the Corked Wine has been appropriately stored by you in accordance with the applicable Wine Storage Management Systems Certification requirements during the period of storage, and supporting documents and evidence (including photographs where appropriate) of such storage should be provided to us for assessment.


We are not obliged to deliver any replacement of the Goods to any address outside of Hong Kong.

In order for us to determine that the Corked Wine was not corked due to any fault of yours, we may request for additional information or documents from you as we may deem appropriate in our sole and absolute discretion.

13. Title and Risks

All title and risk of the Goods shall belong to us until a Contract has been formed between you and us, and after payment in respect of the Goods has been made. Upon the formation of a Contract between you and us and our receipt of all payment in respect of the Goods, all title and risk of the Goods shall be transferred to you.

You irrevocably authorise us to arrange for the transportation, storage and handling of any Goods ordered by you as may be appropriate.

14. Limitation of Liability

We shall not be liable to you for ullages or for any deterioration in the condition of any wine products (which can occur naturally to all wines products no matter how well cared for).


To the extent permitted under law, we shall not be liable to you for any claim (whether arising in or for contract, tort (including but not limited to negligence), breach of statutory duty, misrepresentation (other than fraudulent or negligent misrepresentation) or otherwise) under or in connection with these Terms and Conditions for:


(i) any economic losses (including but not limited to loss of profit, revenue, anticipated savings, business or contract);


(ii) any loss of goodwill or reputation; or


(iii) any special, indirect or consequential loss.


Our maximum liability in respect of or in connection with any Goods under or in connection with any Contract shall be limited to the price of the Goods paid by you.


You agree to indemnify us against all costs, expenses, losses and damages incurred by us in connection with or as a result of breach of any of these Terms and Conditions by you.

15. Compliance with Laws and Regulations

You shall comply with all applicable laws, statutes, by-laws, directives, decisions, regulations, rules, orders and notices having the force of law and any applicable codes of practice.

16. Force Majeure

We reserve the right to defer the date of delivery and suspend further performance of the Contract if it is prevented or hindered from performing any part of the Contract by any circumstances beyond our control including (but without limiting the generality of the foregoing) acts of God, strikes, lock-outs, labour disputes or other industrial actions, embargoes, wars, riots, civil disturbances, malicious damage, government interventions, accidents, fire, floods, disease, outbreaks, sanctions and storms and any other events to the extent that it is beyond our control (each individually referred to as a “Force Majeure Event”). We will use all reasonable endeavours without being obliged to incur any expenditure or cost, to resume delivery and performance of the Contract once the Force Majeure Event ceases.

17. Governing Law and Jurisdiction

These Terms and Conditions and each Contract shall be governed by and construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region and we and you irrevocably submit to the non-exclusive jurisdiction of the Hong Kong Courts.

18. Failure to Comply

If payment in full of any Amount Owing is not made within one month from the date payment is due, or an Event of Default occurs, then we may without prejudice and in addition to any other rights or remedies exercise all or any of the following rights:


(a) Delay delivery of any Goods until the matter is resolved to our satisfaction;


(b) Suspend or cancel (in whole or in part) any delivery;


(c) Exercise a lien over and/or to sell some or all of your Goods and to deduct any outstanding amounts from the proceeds of sale at our sole and absolute discretion. We shall account to you any remaining balance (if any) after settling all Amounts Owing by you;


(d) Recover from you, or deduct from or set-off against any Amount Owing, amounts for any damage, loss or cost (including legal costs) to us relating to the non-performance by you; or


(e) By notice to you, require that all your indebtedness to us, whether or not due, is paid immediately and such amount will then become due and payable.

19. Contract by Corporation

Where you are a corporation, we shall be entitled to treat a person purporting to have authority to make orders on behalf of you as being duly authorised by you. You shall not be entitled to refuse delivery of any orders by reason of invalid authorisation of the person placing such order on behalf of you. You agree to indemnify us for and against all losses, damages, costs and expenses suffered by us if delivery is refused by any of your officers, employees, agents or representatives for any reason.

20. Third Party Sites and Services

The Customer Account and the services provided by us may also refer you to third party sites as well as services provided by third parties (“Third Party Services”). We may also work with providers of Third Party Services from time to time (including without limitation credit card and payment service providers, insurance service providers and valuation service providers) to facilitate the provision of our services. The providers of Third Party Services include, without limitation, Liv-ex, Tawk.to, Mailchimp, Zoom, Whatsapp, Facebook, Instagram, Linkedin, SyncApps by Cazoomi, Netsuite, Oracle, Digital Butter, GOGOX, TNT Express, MSIG Insurance (Hong Kong) Limited, Zurich Insurance Plc, Liberty Mutual Insurance Europe SE.

The access and use of any Third Party Services shall be done solely at your own risk. Any use of any Third Party Services will be subject to and any information you provide will be governed by the terms of the Third Party Services, including those relating to confidentiality, data privacy and security.

Unless otherwise expressly stated in writing, we are not in any way associated with the owner or operator of any Third Party Services or responsible or liable for any Third Party Services offered by them or for anything in connection with such Third Party Services. We do not control or operate in any way any of the Third Party Services or the providers of any Third Party Services. We do not make any guarantees, representations or undertakings of any nature of any aspect of Third Party Services or any providers of Third Party Services, including without limitation the quality of any such service, what information they may collect or require, or whether any such services are safe for use.

We disclaim liability for (i) any loss, damage and any other consequence resulting directly or indirectly from or relating to your access to or use of any Third Party Services or any information that you may provide or any transaction conducted on or via any Third Party Services; and (ii) the failure of any information, goods or services posted or offered by any Third Party Services or any error, omission or misrepresentation on any Third Party Services or any computer virus arising from or system failure associated with any Third Party Services.

The terms and conditions of certain Third Party Services that may be applicable to you include the following:-

Liv-ex:

https://www.liv-ex.com/liv-ex-membership-terms/

Vivino:

https://www.vivino.com/terms

Stripe:

https://stripe.com/en-hk/checkout/legal

The above links are provided for reference purposes only, and we do not make any warranty, guarantee or assurance in relation to such terms and conditions, including without limitation as to whether such terms and conditions are up to date or whether they are applicable. It is the sole responsibility of the Customers who access or use any Third Party Services to identify the terms and conditions of such Third Party Services.

21. Privacy Policy

You are required to consent and agree to the Privacy Policy in order to create or use a Customer Account.

We may collect and use your personal data in accordance with the Privacy Policy, which may be updated and amended from time to time.

Please refer to our Privacy Policy for information about how we use your data, which can be accessed through this link.

22. Intellectual Property Rights and Accuracy

Your use of the Customer Account, our website, our platform or any other materials and its contents (“Platforms”) grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to our content or Goods (“Content”), including without limitation any Omtis software and all HTML and other code contained in our websites and platforms. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on our Platforms are protected by intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by us and/or our third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

In addition to the Intellectual property rights mentioned above, "Content" shall also include any graphics, photographs, including all image rights, sounds, music, video, audio or text on our Platforms.

We try to ensure that the information on our Platforms is accurate and complete. We do not guarantee, warrant or assure in any manner that our Content is accurate or error-free. We do not guarantee, warrant or assure in any manner that the functional aspects of our Platforms our Content will be error free, or that our Platforms or Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal or corporate opinions of any critics, producers, vineyards, estates, chateaus and any other suppliers, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Omtis. Our association or affiliation with any such third parties, whether prior to or subsequent to their expression of any such opinions, does not mean that we agree with any such opinions unless otherwise expressly stated by us. We accept no responsibility for any such opinions or views expressed by any such third parties in any media.

We may, from time to time, publish reviews, opinions, ratings and other commentaries, including publishing reviews, opinions, ratings and other commentaries made by third parties, such as any critics, producers, vineyards, estates, chateaus and any other suppliers (“Reviews”). You acknowledge and agree that any such Reviews are inherently of a subjective nature, and may not be applicable for you or reflect your opinions on the matter. You further acknowledge and agree that any such Reviews are provided for your reference purposes only, and is not intended to be, and should not be, relied upon by you under any circumstances.

Our Content may use terms which may have technical meanings (“Technical Terms”), including without limitation investment, return on investment, valuation and profit. Unless otherwise specified, all Technical Terms used, included or referred to in our Content is used as general terms adopting their ordinary and general meanings only, and shall not constitute as or be interpreted to adopt any technical meanings. By using our Content, you agree and acknowledge that any such Technical Terms used shall be interpreted by you using their ordinary and general meanings only, and that you shall not infer or interpret any technical meanings in relation to any Technical Terms. You further acknowledge and agree that we shall not be responsible for the use of any Technical Terms in our Content, and you agree to indemnify and hold us harmless in respect of any costs, expenses or losses that may be incurred in relation to our use of any Technical Terms.

23. No Commercial Use

Our Platforms are provided for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within our Platforms. You may not use our Platforms, or any of our Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own platforms.

24. General


(a) In Hong Kong, it is illegal to sell alcohol to any person under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with us, you confirm and warrant that you are at least 18 years old (or otherwise above any applicable age limit). At the time of delivery of your order, we or our agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, we or our agent may refuse to deliver the order, and you would be deemed to be in breach of the Contract.


(b) No delay in exercising or non-exercise by us of any right, power or remedy under or in connection with these Terms and Conditions shall impair such right, power or remedy or operate as a waiver or release of it.


(c) If any provision, or any part of any provision, of these Terms and Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Terms and Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and our liability and your liability shall not be affected or impaired.

(e) You may not assign, transfer or otherwise deal with your rights, interests or obligations under these Terms and Conditions or enter into any transaction which would result in any of those obligations passing to another person without our prior written consent.

(f) When a Contract is formed, a person who is not a party to that Contract shall have no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) to enforce or enjoy the benefit of any of its terms.

(g) You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you us as a result of these Terms and Conditions or your use of any of our Platforms. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ours, and we shall not be liable for any representation, act, or omission on your part.

(h) In the event of any disputes, we reserve the right of final decision on all matters. All decisions made by us shall be final and binding.

Updated as of 28th May 2021

Upgrade to Omtis Storage

Upgrade to Omtis Storage if you would like to store wines with us. Also you will gain access to a breadth of services available on the platform including En Primeur purchasing and up-to-date valuation of wines that you store with Omtis.

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