“Company”, “we”, “our” or “us”mean Winessell
“Customer”, “you” or “your” mean any person,firm, company,corporation or body which utilizes our products and services.
“Good(/s) or item(/s) means any beer, wines or spirits – whether in bottles,cases or carton- sold by the Company.
“Working Day” means any day from Monday to Friday, excluding public holiday in Singapore.
“Price List” means the applicable rates and charges of the services offered by the Company, as may be revised from time to time at the sole and absolute discretion of the Company.
Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.The Company reserves the right to revise these Sales Terms from time to time at our discretion.Such revisions will be effective immediately upon publication on this website.These terms and conditions apply to all wines, spirits or other Goods or services supplied by the Company to the Customer.
Winessell registered office address is at Block 230, Tampines Street 24,#06-130,524230 Singapore.You can contact us by email our Customers Service team to email@example.com
By accessing and/or using the website the Customer accepts these Terms and agree to be bound by them.These terms and conditions are subject to change from time to time by the Company in its sole and absolute discretion without prior notice to the Customer,and their access to this website may be terminated at any time without notice,The Customer’s continued use of website following any amendment of these Terms will represent an agreement by them to be bound by these Terms as amended.The Company recommends the reviewing of the Terms for amendments each time the Customer uses the website and before placing any Order.Whilst the Company is under no obligation to do so, should the Company choose to provide the Customer with notice of amended Terms, the Customer agrees to receive email notification of the amendments from the Company or their third party.No variation to or alteration of these Terms and Conditions will bind the Company unless made in writing and signed by an authorized representative of the Company.
The Customer shall be responsible for the accuracy and completeness of all instructions given by any person who is, or is reasonably believed to be, a person designated or authorized by the Customer to give such instructions.
The performance of part or all of the Customer’s instructions may, at the Company’s sole and absolute discretion, be fulfilled by the Company, its employees, officers, servants and agents and/or by any third party engaged by the Company on the Customer’s behalf.
The Customer MUST be eighteen (18) years of age or over to register as a member of the website or purchase Goods or services for the website.
In line with the Company’s age verification policy and to comply with Singapore’s licensing law, attendees may be asked to produce photographie with identification with proof age.
Any Order and/or purchase made by the Customer from the Company is an acknowledgement that:
a.The Customer is over the age of eighteen (18) years
b.The Customer accepts these Terms
c.The Customer agree that they have entered into a legal contract with the Company in relation in to these Terms
d.These Terms, together with the Customer’s Order, constitute the entire agreement between the Customer and the Company for the supply of Goods or services.The Company reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage of any kind the Company may suffer as a result of a transaction entered into by a minor.
The Company recommends that the Customer carefully preview any proposed Orders (online) before proceeding with their Order. The Customer’s Order is an offer to buy from the Company.There will be no contract of any kind between the Customer and the Company unless and until we accept the Customer’s Order and, in the case of wines and Goods to be delivered to the Customer. At any point up until then, the Company may decline to supply the Goods or services to the Customer without giving any reason.At the moment the Company accepts Customer’s Order or in the case of delivery of Goods, when the Goods are dispatched, a contract will be made between the Customer and the Company.
Once an Order has been accepted by the Company, the Customer has right to cancel that Order(please see paragraph 15, titled “DAMAGED/FAULTY GOODS OR CANCELLATION”).However, cancellation of that Order is invalid until the Customer receives the Company’s written communication permitting the cancelled Order.
If the Company is unable to accept the Order, the Customer will be informed of this and will not be charged for the Goods. This might be because: certain Goods are out of stock, the credit reference obtained from the Customer does not meet our minimum requirements, the Company has identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline the Customer has specified.
The transmission of an offer or the confirmation of any payment, made through an instruction may not be received by the Company for reason beyond either parties reasonable control including but not limited to, electronic failure, mechanical, software, computer or telecommunications failure, or the omission of failure of third party website providers or systems.
To the fullest extent permitted by law, the Company is not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.
The Company may act on and process all completed all electronic instructions transmitted or issued through the website without further consent from or reference to the Customer.
The Customer may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
The Customer will receive a confirmation from the Company as soon as practicable after the Customer has confirmed the Order and made payment.Should the Customer have any questions regarding their Order, they may contact the Company’s Customer Service team at firstname.lastname@example.org
If your Order is not accepted, the Company notify you by telephone, email or text message and arrange for a full refund of any payment made by the Customer to be processed.
The Company may, in its sole and absolute discretion, accept or reject any offer made by the Customer by any reason ( or no reason), including an error in the advertised price for, or description of, Goods or services on the website, or an error of any kind in or relating to the Customer’s Order.
Any representations made at any time about stock availability are accurate to the last known stock level and are subject to change. If the Company cannot supply particular Goods, a notification through telephone, email or text message will be sent to the Customer at the earliest possible time.
7.DESCRIPTION AND PRICES
Prices shown are in Singapore dollars.Prices may not include delivery and handling charges or taxes. The description and prices payable for the items or services for ordering are set out in the Company’s emails, price list, website and not limited to other platforms. The prices are valid until amended or removed from the website and are subject to change at any time.
If, by mistake, the Company has underpriced an item or service, we will not be liable to provide that item to the Customer at the stated price provided that we notify the Customer before we dispatch the item concerned or, we may cancel the Order provided any payment made. The Customer may agree to pay the correct price, in case, the Company will proceed with the Order. In the event that the Customer has been overcharged for an item, a full refund of the difference will be given upon showing receipt of purchase.
Unless otherwise stated, accessories shown in any image of Goods do not include the price.
The Company reserves the right to correct any errors published on the website any time.
Prices are subject to currency and market fluctuations, change in duty and VAT as well as stock remaining unsold. If any other currency is stated, this is subject to currency fluctuations and is an indication only.
Our standard policy is to process payment at the time of ordering. All payments must be made in full prior to dispatch, including any applicable delivery or handling charges/taxes.
Payment made via respective payment gateway facilities accessible via website will be subjected to any additional terms and conditions of these providers.
Payment can be made as follows. If the payment is not received within 2 working days, we reserve the right to cancel allocation.
To the extent permitted by law, the Company will not be responsible for any damages or consequential losses ( whether direct or indirect) suffered by the Customer where a credit card or payment account is fraudulently used or is used in an unauthorized manner.
If there is a problem with the payment, the Company may contact the Customer to make alternative payment arrangements. The Customer will be liable for all debt collection debt collection costs where failure the payment for any order when payment is due.
In the event that Payment:
a.is overdue:interest will be charged on all sums due at a monthly rate 2% starting from the date payment becomes due and shall be compounded on a monthly basis until such time as payment of the original debt and any accrued interest is received in full.When demanded, the Customer must pay us interest together with other debt collection charges incurred and the overdue amount.
b.is overdue and payment is not made within one (1) month from the due date for payment:the Company reserves the right to consider the Customer’s use of or request to use the Company’s services abandoned without prejudice the Company’s right to terminate this agreement or the Company’s other rights under this agreement and other remedies available at law.
c.We reserve the right to carry out any additional or other methods to recover the debt, including issuing proceedings.
The Customer shall indemnify the Company on a full indemnity basis for all costs and expenses (including legal fees) incurred by the Company in enforcing its rights hereunder.
9.RETRIEVAL,COLLECTION AND/OR DELIVERY OF GOODS
Subject to the Customer complying with these terms and acceptance of their Order by the Company, the Company will sell and supply the Goods or services to the Customer as shown on the Order confirmation.
Orders of 225$ or more ( per delivery address) are delivered free of charge throughout Singapore.If the Goods ordered are in stock, the Company will endeavour to dispatch orders within three days (3) to seven (7) business days (Monday to Friday) from receipt of Order. We normally deliver between 9 a.m. to 19 a.m. , Monday to Friday.
We offer a delivery service for Orders of less than 225$ ( excluding delivery charge) at a flat rate of 19$ per delivery.
Delivery dates are estimates only the Company is unable to accept any liability for failure to deliver the Goods within the specified time resulting from shipment/delivery delays from suppliers.
If there is no one available to accept delivery on the pre-arranged delivery date, the Customer will be charged for storage, transport and re-delivery costs.
The Customer may request for the delivery of the Goods to be arranged by the Company on the Customer’s behalf and at the Customer’s expense and prevailing rates of charge in accordance with the Price List. Where delivery of the Goods is arranged by the Company upon the Customer’s request, such Goods will be delivered on the Customer’s behalf to an address provided by the Customer entirely at the Customer’s own risk and expense. The Company shall not be responsible or liable for any acts or omissions arising in relation to the handling, packing, transportation or delivery of the Goods by any third-party service provider engaged by the Company on the Customer’s behalf to carry out the delivery of the Goods. It is the Customer’s responsibility to obtain sufficient and appropriate insurance coverage for any damage or loss of the Goods during the course of delivery to the Customer whether caused by the Company or otherwise.
The Customer shall be responsible for any all customs duty payments, applicable charges as stipulated in the Price List and/or out of pocket expenses which may be payable and/or incurred in the retrieval, collection and/or delivery of the Goods from the Warehouse. For the avoidance of doubt, any duties and/or Goods and Services Tax imposed by Singapore on any Goods that are removed from the Warehouse and imported into the rest of the customs territory shall be borne by the Customer.
The Company may, at its sole and absolute discretion, refuse the retrieval, collection and/or delivery of the Goods if, without limitation:
a.The signature of the Customer is not verified to the satisfaction of the Company
b.Any outstanding is in arrears and unpaid or any sum is due owing to the Company from the Customer
c.The Company’s access to the Warehouse is denied for any reason whatsoever; and/or
d.The removal of the Goods is prohibited by law.
10.RIGHT OF LIEN
All Goods and documents relating to the Goods shall be subject to a particular or general lien and/or charge for any all sums due and owing to the Company from the Customer. If any sum remain unpaid for more than three (3) months after the payment due date the Company may at its sole and absolute discretion liquidate, sell or otherwise dispose of all or any portion of the Goods and apply the net proceeds in or towards satisfaction of the sums due, owing and payable to the Company (including interest) by the Customer under Paragraph 8. If the Company liquidates, sells or otherwise disposes of the Goods, the surplus proceeds in excess of the amount owing to the Company (if any) shall be refunded to the Customer without any liability on the part of the Company for interest.
The Company shall not be liable for any failure to meet its obligations occasioned by circumstances beyond the Company’s control including ( but without limiting generality of the foreigen) acts of God, exceptional weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, powers failures, telephone or land-line connection failures, impacts with or by air crafts or aerial objects, explosions, hostilities, insurgencies, invasions, epidemics, quarentines, acts of foreign or public enemies, hijacking or unlawful seizure or wrongful exercise of control of vehicles, curtailment of transportation facilities, civil commotion, riots, industrial disputes, industrial actions by workmen, shortage of labour, Goods and materials, acts or regulations of government, strikes, lock-outs or other industrial action, floods, power outages, terrorism or threaths of terrorism, public health threaths, war and civil disturbance, nuclear threaths, nuclear accidents and/or nuclear contamination. Further performance of the Company’s obligations shall be suspended for so long as the Company remains so prevented or hindered.
The Company shall be under no liability whatsoever to the Customer for andy direct, indirect, incidental or consequential loss and/or expense, whether contemplated by the parties or not, including loss of profit suffered by the Customer or claims by any third party against the Customer arising out of or in connection with this Agreement.
In the event that the Company is unable to fulfil its obligations under these terms and conditions due to a Force Majeure event, the Company is under no obligation to return to the Customer any amount already paid.
12.DISCLAIMER RELATING TO THIRD PARTIES’ ACTS & OMISSIONS
The Company will exercise reasonable care when handling, packing, transporting and/or delivering Goods deposited by the Customer but the Company shall not be responsible or in any way liable for any act or omission of third parties engaged for these purposes. If the Company suggests, refers or recommends any third-party service provider to the Customer, the Company shall similarly not be responsible for any act or omission of such third-party service provider.
Save to the extent it is proven that any injury, loss or damage to the Customer is incurred due to or arising from the willful neglect or default of the Company while the Goods were in the Company’s actual custody and control, the Company will not be liable any direct, indirect, special, incidental or consequential injury, loss or damage whatsoever that may be caused to the Customer or any third-party arising from, relating to and/or incidental to any act or omission by any party, including the Company, For the avoidance of doubt, the Company will not be liable for without limitation:
Any deterioration or degeneration in the condition, appearance, quality or quantity of the Goods including without limitation the liquid, corks, labels, capsules, storage cases and/or packaging;
Any injury, loss, damage, destruction, late delivery or non-delivery or unavailability of or to any Goods deposited and stored with the Company howsoever caused; and/or
Permitting access to the Goods to a person who is, or reasonably appears to be, a person designated by the Customer by virtue of the similarity of the signature provided by such person to the specimen signature of the designated or authorized person.
The Customer shall indemnify and keep indemnified the Company and its representatives, directors, employees, officers, servants and agents against all and any losses, damages, actions, proceedings, costs, claims, demands and/or liabilities which may be suffered or incurred by the Company or asserted against the Company by any person, firm or entity whatsoever, arising directly or indirectly from or in connection with the Customer’s instructions and/or this Agreement.
14.DISCLAIMER AND INDEMNITY
To the fullest extent permitted by law (and without limitation to any other provision of these Terms), the Company, and each of its related entities, exclude all liability to the Customer or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website ( or any Goods or service purchased on the website) including, but not limited to, loss or damage the Customer might suffer as a result of:
a.Errors, mistakes or inaccuracies on the website, emails, price list, not limited to other marketing collaterals.
b.The Customer acting, or failing to act, on any information contained on or referred to on the website and/or any linked website.
c.Personal injury or property damage of any kind resulting from the Customer’s access or use of the website.
d.Any unauthorized access to or use of the website’s secure servers.
e.Any interruption or cessation of Transmission to or from website.
f.Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party.
g.The quality or fitness for any purpose of any linked sites.
Without limitation to the foregoing, except as expressly provide in these Terms and to the fullest extent allowed by the law, the Company and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of the Customer’s access to or use of the website or any Goods or services purchased on it.
Except as expressly stated in these Terms, the Company do not give any representation, warranties or undertakings in the relation to the Goods or services on the website.Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, the Company will not be responsible for ensuring that any Goods or services are suitable for the Customer’s purpose.
The Customer will at all times indemnify, and keep indemnified, the Company, and each of its related entities, including theirs directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by the Customer or by any of them arising from any claim, demand, suit, action or proceeding by any person against the Customer or the Company’s related entities where such loss or liability arose out of, in connection with or in respect of the Customer’s conduct or any breach of these Terms.
15.DAMAGED/FAULTY GOODS OR CANCELLATION
If there is no confirmation on the Order within 7 (seven) business days, the Customer has the right to cancel and ask for refunds under the Company’s Returns Policy with proof of purchase (order invoice number and receipt).
If any Goods ordered by the Customer arrives damaged or is not of acceptable quality, the Customer may have the damaged Goods replaced (with the same item) or refunded (if item is out of stock) with proof of purchase.
Should either of the above occur, please contact our Customer Service Team at email@example.com. We will endeavour to have the Goods replaced/refunded within 14 (fourteen) business days.
16.RIGHT OF THIRD PARTIES AND ASSIGNMENT
A person who is not a party of this agreement shall not have any right under the Contracts (Right of third parties) Act. (Cap.53 B), to enforce any provision of this agreement.
This agreement is personal to the Customer and the Customer may not assign or transfer any of his rights, benefits and obligations under this agreement without the prior written consent of the Company.
17.GOVERNING LAW & JURISDICTION
This agreement shall be governed by and construed in all respects in accordance with the Laws of Singapore and the parties irrevocably submit to the non-exclusive jurisdiction of the Singapore Courts.
If any part of these terms is found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between the Customer and the Company.
19.TRANSFER AND ASSIGNMENT
If the Company merges, sells or otherwise changes control of its business or this website to a third-party, the Company reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that the Company has collected from you and any agreements it has made with the Customer.
The failure by the Company to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by the Company.
As a valued Customer, the Company would like the Customer to be familiar with our trading terms, to ensure that the Customer’s experience is a satisfying one. Please feel free to contact our Customer Service Team for any further questions.
22.ADDRESS & CONTACT
Block 230, Tampines St.24
#06-130, SINGAPORE 524230
Telf. +65 8467 6544 email: firstname.lastname@example.org