Terms and Conditions
By using our site you agree to be bound by the following terms and conditions. Please read them carefully.
1. Definition
In these Terms and Conditions, "we", the "Company" or "Major Cellar" shall mean Major Cellar Company Limited.
“Customer”, “You” or “User” shall mean any person, firm, company, institution or organization which places an order with the Company.
“Services” means shopping with Major Cellar via the internet or application software.
“Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
“Merchandise” means the goods or services you ordered through our site, which you will pay for.
“Digital Wallet” means Alipay , Wechat or any other digital payment method.
“intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
“Site” means our Major Cellar website located at www.majorcellar.com, and any associated sites linked to it.
2. Registration
2.1 You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract. Under the Hong Kong law, it is a criminal offence to sell alcohol to people under the age of 18. By placing an order, the Customer confirms that he/she is 18 years old or above.
2.2 You represent to us that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.32 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
3. Order & Price
3.1 We are responsible for managing and administering the site, arranging order processing and fulfilment for the Merchandise you ordered through our site.
3.2 We will use all reasonable commercial endeavors to display accurate and up to date prices on our site. However, because prices of the type of Merchandise for sale are often updated, we cannot state the definite price until we send you our acceptance of your order. All prices of the Merchandise listed are in Hong Kong dollars.
3.3 When you place an order you are making an offer to buy from us the Merchandise you have specified at the price stated for those Merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
3.4 We will acknowledge your order to confirm that we have received your order by email. We only accept orders for delivery in Hong Kong with collection at a designated physical location in Hong Kong. After receiving your order, we will acknowledge receipt of your order. However, it is not an acceptance of your order. We reserve the right to reject any purchase order without giving any reasons. In the event that we are unable to accept your order (for example due to payment issue), we will notify you by phone or email.
3.5 Your order will be cancelled when the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
3.6 If we cancel your order we will notify you and will credit to your account any sum deducted by us from your credit card or Digital Wallet as soon as possible but in any event within thirty (30) days of your order. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
4. Payment
4.1 We only accept WeChat Pay, Alipay, credit card payments made by Visa and MasterCard. When you place an order you authorise us to debit the Digital Wallet or credit card you specify on your order for the amount of the order at the time we send our acceptance of your order.
4.2 We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected and processed by a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
5. Delivery
5.1 Delivery service is only available in Hong Kong Island, Kowloon and New Territories. (Not available for the Outlying Islands, Mainland China and Overseas Countries.)
5.2 Delivery service would be provided on Monday to Friday, 11am to 5pm (Closed on Weekend & Public holidays).
5.3 If the delivery address could not provide any lift service, HK$20 per case per floor will be charged. Less than 12 items, would be counted as 1 case. Every product in Pack / Set / OC / OWC would also be counted as 1 case.
5.4 The Company reserves the right to charge for re-delivery of orders and other miscellaneous expenses which have not been completed due to incorrect address information provided by the customer or the recipient not being available to accept delivery at the scheduled time slot.
5.5 Standard Delivery Charges (Any purchase that cost under HK$5,000) :
5.5.1 Hong Kong Island, Kowloon & New Territories - HK$150 per order per location.
5.5.2 Once the “Standard Delivery” service is selected, you may select a delivery date after 2 working days (The day of order placement would not be counted). All orders have to be completed within 30 days.
5.5.3 If the delivery address could not provide any lift service, HK$20 per case per floor will be charged. Less than 12 items, would be counted as 1 case. Every product in Pack / Set / OC / OWC would also be counted as 1 case.
5.6 Free Standard Delivery Service:
5.6.1 Major Cellar usually offers one time free “Standard Delivery” service for any purchase that cost HK$5,000 or above.
5.6.2 Once the “Free Standard Delivery” service is selected, you may select a delivery date after 2 working days (The day of order placement would not be counted). All orders have to be completed within 30 days.
5.6.3 If the delivery address could not provide any lift service, HK$20 per case per floor will be charged. Less than 12 items, would be counted as 1 case. Every product in Pack / Set / OC / OWC would also be counted as 1 case.
5.7 Urgent Delivery Service:
5.7.1 Pay extra $300 to enjoy the Urgent Delivery service, order usually ships by next working day. (Only applicable from Monday to Friday, not applicable to Public Holidays).
5.7.2 Please pay attention to the Urgent Delivery Service. If the order doesn’t reach the condition of free delivery service, local delivery fee $150 (Only for Hong Kong Island, Kowloon and New Territories) will also be charged.
5.7.3 If the delivery address could not provide any lift service, HK$20 per case per floor will be charged. Less than 12 items, would be counted as 1 case. Every product in Pack / Set / OC / OWC would also be counted as 1 case.
5.8 Delivery service would not be available when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We reserve the right to decline delivery at our sole discretion. You agree and accept that you will collect your ordered Merchandise from our logistics centre and under no circumstances will we accept cancellation of order or refund.
5.9 We will deliver the Merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree to present your identification upon request when you acknowledge receipt of the Merchandise. The Merchandise shall be, and shall be deemed to be, delivered and accepted by you when the Merchandise are delivered to the address you give us for delivery.
5.10 Any times and dates given for dispatch of Merchandise, or the length of time that Merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.
5.11 You will become the owner of the Merchandise you have ordered when they have been delivered to you. Once Merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
5.12 Unless otherwise specified, please refer to our site for details of the delivery charges and free delivery threshold. We reserve the right to amend the free delivery threshold at any time and from time to time.
6. Storage Service/Non-pickup
6.1 If the purchase items are not collected 30 days after the payment date, a storage charge of 5% of the invoice price may be incurred. If the purchased items have not been collected or delivered and the storage fees referred to above have not been paid for three (3) months from notification by Major Cellar, then the Company has the right to deal with or otherwise dispose of such Merchandise (including resale of any Merchandise) at its absolute discretion, without any further notice to the Customer and without having to account to the Customer any proceeds (if any) arising therefrom. Major Cellar shall have no liability to the Customer in respect of dealing or disposal of such Merchandise in such circumstances.
7. Exchange and Refund Policy
7.1 Subject to 7.2 below, you are entitled to exchange Merchandises which are found to be damaged or not in good condition upon delivery. In such case, you can contact our sales representative to make arrangement for exchange. Otherwise under normal circumstances, we would not accept any request for exchange of Merchandises or cancellation of orders.
7.2 Wine above HK$750 per bottle or over 10 years old or glassware and accessories after the receiver has acknowledged receipt of the Merchandise.
7.3 If we agree you are entitled to an exchange but the Merchandises to be exchanged are sold out, you may return such Merchandise to us and apply the amount paid to buy alternative Merchandise(s).
7.4 In exceptional case at our sole discretion, we will refund the amount paid to your Digital Wallet or credit card bank account within one month’s time.
7.5 Original sales receipt or relevant electronic receipt must be presented to us for the request of a Merchandise exchange or refund.
7.6 All gift items (if any) must be returned together with the returned Merchandises when you requested for a Merchandise return or refund. Otherwise the retail value of the gift item would be deducted from the refund.
8. Force Majeure
Major Cellar shall not be held liable for any failure to meet our obligations occurred by circumstances beyond our reasonable control.
9. Ownership
All the Merchandise sold by Major Cellar must be paid in full before the transfer of ownership to the Customer, all outstanding amounts, including partial payment of the purchased items and invoice, the ownership of the purchased items belongs to Major Cellar. The legal and beneficial titles shall only be transferred to the Customer upon full payment of the purchased items.
10. Intellectual property right
All intellectual property rights in the Content, user Content, design, text, graphics and other material on our Site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
11. Miscellaneous
11.1 We do not represent or warrant that access to our Site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
11.2 Major Cellar only provides and is responsible for delivery service within Hong Kong, and shall not be responsible for any export, custom procedures and legal issues in relation to the export of the purchased items outside of Hong Kong. Any advice given by our staff is only his or her personal advice and should not be taken as any legal advice from Major Cellar.
11.3 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
11.4 Where these terms and conditions are available in Chinese, the English version shall prevail where there is a discrepancy between the two versions.
11.5 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.