Disclaimer & Notice
Prime Cellar (HK) are trademarks of the Prime Cellar (HK) Ltd. and has registered trademarks and pending trade marks applications in a number of countries. Any unauthorized use or reproduction of the trade marks may amount to an infringement of the rights of the Prime Cellar (HK)
Notice On Disclaimer, Copyright and Limitation of Liability Application
This notice applies to: The use of Primecellar.com; All information stored on or receivable through this or any other Primecellar.com server (“Information”); and Any goods or services offered, accessed or obtained through Primecellar.com by you (“the User”). This notice limits the liability of Prime Cellar – a division of Prime Cellar (HK) Limited and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively “Prime Cellar”) in relation to any such use, Information, goods and services
The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User’s responsibility to determine whether any such infringement (“Copyright Infringement”) will occur
Prime Cellar (HK) expressly disclaims any responsibility, representation or warranty in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, Primecellar.com or the Information.in relation to any goods or services accessed, offered or obtained through Primecellar.com or pursuant to the Information; that any access to Primecellar.com or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties; that the Information will not be objectionable or offensive to the User or any other person; for any error, omission or misstatement in or arising from the Information. Prime Cellar does not endorse or recommend any person, organization, name, product or service referred to in the Information, nor does the Information constitute Prime Cellar’s views or opinions. Prime Cellar will not be a party to any transaction between the User and any third person in any way relating to the Information or made through Primecellar.com unless and only to the extent expressly stated in writing otherwise.
Third Party Merchant
We may have on-line stores or service providers hosted in our websites, which are operated by third party merchants. If you want to use, order or receive any services and/or products from any of them, please note that any personally identifiable information you provide, once transferred to the relevant merchant, is beyond our control and thus outside the scope of protection afforded by us.
Third Parties Website
PrimeCellar.com may contain materials produced by third parties or links to other websites. Prime Cellar accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to Primecellar.com), which are not under Prime Cellar direct control. Prime Cellar reserves the right to require the removal of any link from another website to Primecellar.com which is installed without obtaining the prior written consent of Prime Cellar.
Limitation of Liability
Prime Cellar shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for: any direct loss; any consequential or indirect loss (including without limitation loss of revenue or profits); or the User’s liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or Primecellar.com’s use.
Prime Cellar does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through Primecellar.com. Prime Cellar’s current practice is to take reasonable steps to maintain confidentiality.
Availability and Suitability of Services
Prime Cellar does not warrant that the information or materials contained in Primecellar.com are current or accurate or that any of the products or services featured on Primecellar.com are available. Prime Cellar may change the materials appearing on Primecellar.com at any time without notice.
In consideration of Prime Cellar allowing the User access to the Information and / or Primecellar.com, the User agrees: not to carry out or allow any Copyright Infringement; not to use the Information or the User’s access to Primecellar.com for any illegal, improper, obscene or defamatory purpose; to take all steps to ensure the Information does not damage the User’s information or systems; to ensure that all information which you provide to Primecellar.com is true and accurate to the best of your knowledge; to Prime Cellar conducting research on access to the Information; to all Prime Cellar’s disclaimers and limitations of liability set out in this notice; and to Prime Cellar’s personal data policies current from time to time applying.
User agrees to hold Prime Cellar harmless and indemnify Prime Cellar against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of Primecellar.com in breach of the terms and conditions herein or negligence.
Law and Severability
Hong Kong law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice, which is prohibited or unenforceable in any jurisdiction, is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
Terms and Conditions for Purchase
In these terms and conditions, the “Company” will mean Prime Cellar and the “Customer” will mean any person, firm, company or body, which places an order with the Company. Please read these terms and conditions carefully before using the site. By using the site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.
It is illegal 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. The Customer shall ensure that no person shall use his/her login to purchase alcohol products and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time agreed. The Company shall make every effort to ensure that prices, details and sizes of products on this website are up to date. Prices are subject to change without prior notice and all orders are subject to Company’s acceptance at its sole discretion and stock availability. The Company shall make every effort to ensure products displayed on the website are in stock. If from time to time products become out of stock, the Company reserves the right to offer alternative product/s to the Customer of similar value and style. All orders are subject to confirmation of final availability and Prime Cellar (HK) reserves the right to reject the order in the event that any of the products or services requested are unavailable. In the event that we are unable to fulfill any of the products or services in your order we will notify you by phone or email before your requested delivery date.
You are required to register before placing any order through this website. During the registration. You must provide us with accurate, complete and up to date registration information. You must safeguard your username and password. You authorize us to assume that any person using the site with your username and password is either you or is authorized to act for you; The Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever. You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.
The Customer is requested to examine the goods immediately upon delivery for any deficiencies and/or damages. Claims (if any) must be lodged to our customer service hotline +852 2523 2111 at the time of delivery, otherwise we shall have the discretion to refuse your claim after delivery.
It is the receiver’s responsibility to check the condition of any goods received including glassware and accessories, at the time of delivery. Refund is only available when valid original receipt is provided and refund guarantee will only be applicable on wine or champagne below HK$750 (per bottle) or less than 10 years old. Refund will be credited into Customer’s credit card account within 4 weeks upon confirmation. No returns shall be made on glassware or accessories after the receiver has acknowledged receipt of the goods. In the event that you would like to claim a refund or return, please call our customer service hotline +852 2523 2111 within 7 days from the date of delivery.
All risks in the products shall pass to the Customer upon delivery but Prime Cellar (HK) shall retain title in the products until full payment has been received.
The Company shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Company.
We accept payment by VISA, MasterCard and American Express only. All product prices listed are in HK dollars. To provide secure online commerce transactions, we employ Internet’s Secure Sockets Layer (SSL) technology. It encrypts your personal information, including credit card number, name and address, so that it would not be read as the information travels over the Internet. To check SSL Certificate information, you can right click the mouse and choose “Properties” & “Certificates”The upper limit of purchase on this website is HK $50,000 per transaction. For any purchase over the value of HK$50,000, please call our customer service hotline +852 2523 2111. Your offer to purchase made on www.primecellar.com shall be subject to our sole discretion and may not be accepted subject to the availability of stock. A final and conclusive invoice will be presented to you upon delivery. Prime Cellar (HK) may from time to time set credit limits for individual customers and Prime Cellar (HK) reserves the right to limit sales including the right to decline sales to any customers Prime Cellar (HK) reserves the right to change the payment terms for any order without prior notice.
We offer FREE delivery (single location only) for purchases over HK $1,200. For orders under HK $1,200, a delivery charge of HK $150 shall apply. We offer next day delivery for orders received on Monday to Thursday before 12:00 noon. Orders received on Friday (before 12:00 noon), Saturday, Sundays or public holidays will be delivered the day following the next business day. The delivery service is available from Monday to Friday and between 11:00am and 6:00pm (excluding all public holidays). Delivery timeslot Hong Kong Island, Kowloon, New Territories & Discovery Bay. Morning delivery: 12:00pm to 2:00pm. Afternoon delivery: 2:00pm to 6:00pm. Delivery service is limited to Hong Kong, Kowloon and New Territories commercial and residential addresses only. Delivery is not available to outlying islands, restricted areas, hotel guest rooms, ports or marinas. The delivery service to Ma Wan is limited to 12:00pm to 4:00pm due to restricted access after 4:00pm. Delivery service is not available if there is no authorized or legitimate unloading area within 50 meters of the delivery address. Delivery service of five cases or more is only available to addresses of 4th floor or above when lift service is available. In the event of a lift breakdown we will make arrangements to deliver the goods at another time. Delivery service will be suspended when typhoon signal No.8 or above or a black rain warning is hoisted. In this event customers will be contacted to re-schedule delivery time. We reserve the right to charge an additional delivery fee if the recipient is not available to accept delivery at the nominated delivery time. It is the responsibility of the customer to notify Prime Cellar (HK) immediately of any change to their delivery address. We reserve the right to decline delivery of goods to any customer at our sole discretion absolutely.
Non-pickup / non-delivery
The Company has the right to charge storage fees for storing the wine in the event that: a customer fails to pickup the wine within two weeks of purchase; wine is non-deliverable within two weeks of purchase due to customer’s failure to notify the Company of change of address or the Company is otherwise unable to contact customer; a customer refuses to take delivery of the wine. In the event that the wine has not been collected / delivered and the storage fees referred to above have not been paid for 1 year from notification by the Company that the wine is ready, then the Company has the right to dispose of the wine with no further notice to the Customer. The Company shall have no liability to the customer in respect of disposal of the wine in such circumstances.