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Terms & Conditions

This website is owned and operated by Vino En Primeur Pte Ltd. Visitors are deemed to have read and understood our terms and conditions before using our website or making a purchase of our Goods and items (as defined below).

1. Definitions
In these Conditions, unless the context requires otherwise:
  1. “Company” means Vino En Primeur Pte Ltd (Company Registration Number: 200816373H)
  2. “Contract” means any contract for the sale and purchase of the Goods made between the Company and the Customer, being any written quotation/ Company’s purchase order form of the Company which is accepted by the Customer, or any written order of the Customer which is accepted by the Company.
  3. “Customer” means any person, firm, company, corporation or body whose order for the Goods is accepted by the Company and references to “Customer” includes their respective successors-in-title.
  4. “En Primeur” wines mean the first offer of wines for sale by the Company to the Customer pursuant to these Conditions, including pre-bottled wines.
  5. “Goods” means the items which the Company is to supply to the Customer in accordance with the terms of the Contract, including En Primeur wines.
  6. “Words” importing a gender shall include every gender and “words” importing the singular shall include the plural and vice versa.
  7. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Conditions Applicable To This Contract
  1. These Conditions shall be incorporated into each Contract and shall govern each Contract under any purchase order, confirmation of order or related documents.
  2. The Company reserves the right, by notice to the Customer, to add, amend or vary these Conditions by written notification to the Customer.
3. Customer Account
  1. The Customer may register with the Company for an online account for use of the Company’s online services including access to information relating to the sale of Goods, Customer’s orders and market reports.
  2. The Customer will need to designate a username email and a password to access the Customer’s online account. The Customer must ensure that its username and password shall remain confidential at all times and shall be solely and entirely responsible for all transactions made, processed or effected online which are referable to its username and password, and the Company shall not be liable for any loss, damage suffered by the Customer arising from any such unauthorised use. Each username and password is to be used by a single user and is not transferable. The Company may suspend or terminate access by the Customer if it suspects unauthorized or improper use of the Customer’s account.

4. Intellectual Property
All contents on the Company’s website, pictures, designs, brochures, logos and text are owned by or licensed to the Company. The contents are protected by applicable copyright laws.

5. Placing Of Orders
  1. The Customer may place its order for the Goods in the following manner:
    By electronic mail, short messaging service (SMS), telephone or post, such order to be confirmed by the Company with the Customer through telephone. An order form, which will set out the information relating to the Customer’s order including the quantity and description of the Goods and the mutually agreed date for delivery of the Goods, will then be forwarded by the Company to the Customer for its signature; or
    The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order set out in the order form which is signed and submitted by the Customer.
  2. It shall be deemed that the Customer has read and understood all the terms and conditions set out in the company’s website when the Customer submits to the company the duly signed order form.
6. Prices and Sales Tax
  1. Unless otherwise agreed by the Company in writing, the price payable for the Goods shall be the Company’s list price as at the date of issuance of the Company’s invoice to the Customer in respect of the Goods, which price shall unless otherwise agreed in writing be exclusive of goods and services tax or other similar taxes, packaging, carriage, insurance and storage costs and any other government taxes or duties which, if applicable, shall be borne by the Customer.
  2. All prices for the Goods are given in Singapore dollars. Unless otherwise agreed in writing, the Customer shall make payment in Singapore dollars. Any payment made in a currency other than Singapore dollars shall be based on such foreign exchange rate as the Company may in its discretion determine, which determination shall be conclusive and binding on the Customer.
  3. All prices listed in the price list or in any other document or information issued by the Company in respect of the Goods offered to the Customer are subject to change without notice. The Company shall not be responsible for typographical, clerical or other error or omission in the price list or any other document issued by the Company and reserves the right to correct any such error or omission in pricing without any liability on the part of the Company by notification to the Customer.
  4. Availability of Goods indicated by the Company by electronic mail or telephone is not guaranteed but shall be subject to the amount of stock purchased by the Company or such lesser amount as the Company may in its absolute discretion determine. The Company reserves the right to set minimum and maximum purchase quantities of the Goods.
7. Storage and Insurance
  1. Except as otherwise provided in the invoice, and unless otherwise agreed in writing between the Customer and the Company, where the Goods purchased are for investment purposes (“Investment”) the Customer is hereby deemed to have appointed the Company as the manager of the Investment.
  2. The Customer may elect to have the Investment transferred to Singapore, whereby the Company will arrange for storage of such wines in CWT Corporate HQ, 38 Tanjong Penjuru, Level 2 Office, CWT Logistics Hub 1, Singapore 609039, a warehouse owned by CWT Logistics Pte Ltd. The Customer shall bear all costs taxes and expenses incurred relating to such transfer, including without limitation tax, import and export duties, handling and shipping cost. For the avoidance of doubt, the Company will not be responsible for the storage and insurance costs in respect of such Investment, which shall be borne by the Customer.
  3. The Customer may apply in writing at any time with instructions for the Investment to be removed from the Company’s management and transferred to another storage facility, manager, auction house or for delivery to the Customer. The Customer shall bear all costs taxes and expenses incurred relating to such transfer, including but without limitation tax, import and export duties, handling and shipping cost.
  4. The Customer may apply in writing at any time with instructions for the ownership of the Investment to be transferred in full and not in part to a third party. The Company shall charge a transfer fee at its prevailing rate for such transfer. The Company shall not be bound to effect such transfer unless it has received (i) a written confirmation (in terms acceptable to the Company) from such third party of its agreement to be bound by these Conditions and (ii) payment of the transfer fee in full.
  5. The Customer may elect to sell the Investment at any time and may appoint its own sales agent or attorney for this purpose. Transfer of the Investment would be in accordance with paragraph 7.4 above.
  6. The Customer may elect to appoint the Company to sell the Investment on its behalf. The Company shall endeavour to sell the Investment to a third party at the current value as determined by the Company on a best effort basis within a reasonable time frame. Without affecting the generality of the foregoing and for the avoidance of doubt, any representation made by the Company’s employees or agents on the time frame within which the Investment may be sold to a third party shall not be binding on the Company. Upon a successful sale, the Company will charge a sales charge at its prevailing rate based on the resale price of the Investment, which will be deducted from the proceeds of the sale before settlement with the Customer. All resale of Goods pursuant to this paragraph shall be transacted in Singapore dollars. For the purposes of this paragraph, “current value” means the fair market value as determined by the Company in Singapore dollars based where applicable on such foreign exchange rate as may be determined by the Company, which determination shall be conclusive and binding on the Customer.
8. Collection of Goods
  1. The Customer may collect the Goods from the designated warehouse at its own cost at any time after the Company has notified the Customer that the Goods are ready for collection.
  2. There shall be no refund of any unutilised portion of storage, insurance or such other cost and expenses provided to the Customer in accordance with the terms herein.
9. Goods Delivery
  1. The estimated date of delivery of the Goods, as specified by the Company, shall be subject to logistic conditions and the Company shall not be responsible for any delay’s which may occur. Delivery time is not of the assent of the contract unless previously agreed by the Company in writing. Goods maybe deliver in advance of the specified delivery date, upon reasonable notice being given to the Customers.
  2. If the Customers fails to take delivery of the Goods or fails to give the company adequate delivery instruction, by reason of any cost beyond the Customers then without prejudice to any other right or remedy available to the Company, the Company may:
    1. Store the Goods until actual delivery may take place in which event, the Customer shall be liable for handling coast including but not limited to insurance coverage and storage charges; or
    2. Sell the3 goods at the best price readily obtainable and after deducting all reasonable storage and handling cost, account to the Customer for the excess over the price under the contract or charge the customer for any shortfall below the price under the contact.
  3. If the company is unable to deliver the goods in accordance to specifications previously agreed upon:
    1. the customer may cancel the order
    2. where possible or reasonable and practicable, the company may offer the customer replacement goods of equal quality and value determine by the company, at no additional cost to the customer; or
    3. where it is not possible or reasonable and practicable for the company to replace the goods, the company shall refund in full, all sums already paid by the customer towards the order.
10. Risk, Property and Warranty
  1. Risk of damage to or loss of the Goods shall pass to the Customer:
    1. in the case of Goods to be delivered at a designated warehouse, at the time when the Company notifies the Customer that the Goods are so delivered; or
    2. in the case of Goods to be delivered otherwise than at a designated warehouse, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
  2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in and legal title to the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of all amounts then due and owing from the Customer to the Company (including any interest payable under paragraph (12.c.ii).
  3. The Company shall not, in any circumstances be liable for any indirect or consequential loss or damage arising from or attributable to any cost including, but not limited to wastage spoilage and/or the deterioration of the goods. The company shall not under any circumstance be liable or oblige to repurchase the goods from the customer.
  4. Any advice or recommendation given by the company’s servants and /or agents, in respect of the storage, application or usage of the goods, which is not confirm by the company in writing and, which is followed or acted upon by the customers, shall be at the customers own risk. All projected market value goods are based on the prevailing market condition/ situation at the material time.
  5. The Company shall not be liable to the Customer for any loss, expense or damage of any kind, including damages for loss of profit or loss of use and whether arising from negligence or otherwise resulting from the supply, failure to supply or from the Customer’s use, possession or resale of the Goods.
11. Valuation Disclaimer
  1. The Customer accepts all risks arising from investment in the Goods including En Primeur wines, including but not limited to any loss suffered as a result of entering into any investment, trading or other transaction in relation to the Goods. Valuations of Goods provided by the Company are indicative only and represent either current available market prices or the Company’s reasonable approximations thereof. These valuations are provided without adjustments for transaction costs, credit considerations or other significant factors, which may materially affect the actual value of the Goods.
  2. Valuations of Goods provided by the Company will be based on sources which the Company believes to be reliable. However, the Company makes no representation or warranty as to the accuracy or completeness of such valuations or as to their appropriateness for the Customer’s investment purposes. The valuation provided by the Company is of a general nature and should not be taken as a source of facts or figures. The Customer should make its own assessment and rely on its own judgment regarding any investment and shall not in any way rely on the Company. Valuations are also subject to change without notice.
  3. The Company and its employees do not represent, warrant, or guarantee that any valuation provided by the Company is accurate or complete and that the Company shall not be responsible or liable to the Customer for losses or damages (whether consequential, incidental or otherwise) arising out of errors, omissions or changes in market factors, conditions or circumstances affecting the valuation provided by the Company.
  4. The Company is not obliged to provide any valuation and the provision of such valuation would be entirely at the Company’s discretion. Any such valuation if provided would be on a complimentary basis and intended solely for the Customer’s personal reference and without responsibility on the part of the Company and on the basis that the Customer would nevertheless make its own assessment and rely on its own judgment.
  5. Any forecasts, projections or forward looking statements made whether by the Company, its employees or agents or any other party on its behalf whether in the Company’s website, brochures, sales literature or in any other interviews given by the Company or otherwise are not necessarily indicative of future or likely performance, future events or future financial performance of the goods or markets and the Company shall not be responsible for or have any liability to the Customer for losses or damages (whether consequential, incidental or otherwise) arising from the Customer’s reliance on such forecasts, projections or forward looking statements.
12. Payment
  1. Payment for all goods, including En Primeur, are due on the date of the invoice unless otherwise stated.
  2. By virtue of the invoice, the company agrees to sell the goods to the customer, for which full payment has to be made before the goods is released by the company to the customer as its rightful owner. The company reserves the right to decline a sale without giving any reason to the Customer.
  3. Unless full payment is made towards the order or invoice issued, the Company reserves the right to:
    1. Annul the agreement made in relation to the order; or
    2. Charge interest at a monthly rate of 1.5% on the outstanding amount, which shall commence on the date the outstanding amount becomes due; or
    3. Suspend any activities in relation to the order including but not limited to the delivery of the product, or
    4. Pursue any outstanding amounts due to the Company by way of debt recovery. In such an event, the Customer shall be liable for all costs incurred for the recovery of the outstanding amount.

13. Cancellation
Cancellation will not be accepted for goods already paid in full.

14. Returns
The Company shall not accept any claims for breakage or shortages unless the deliverer is informed of the breakage or shortage at the time of the delivery and the Company is informed in writing of such breakage or shortage within five (5) working days of the date of delivery.

15. Force Majeure
The Company shall not be liable to the Customer or any other party or be deemed to be in breach of the Contract by reason of any delay or non-performance of its obligations hereunder arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute of a third party, armed hostilities, act of terrorism, revolution, blockade, embargo, strike, lick-out sit-in, industrial or trade dispute, adverse weather, disease, accident to (or breakdown of) plant or machinery, shortage of any material, labor, transport, electricity or other supply, or regulatory intervention.

16. Insolvency
The Company reserves the right, without being liable to the Customer for any loss or damage, to terminate any agreement or suspend all further orders until the order is made good if the Customer, being a company, has a receiver appointed or an order is made or a resolution is passed or analogous proceedings are taken for the winding up of the company or if the Customer, being a partnership or any partner thereof, offers to make any arrangements with or for the benefit of its creditors or commits any act of bankruptcy. Any termination of the agreement in such circumstances shall be without prejudice to any other rights the Company may have against the Customer. In the case where the order is placed by an individual, and the adjudicated a bankrupt, the Company reserves the right to suspends, terminate and or rescind the agreement.

17. General Provisions
  1. Where two or more persons are included in the term as “Customer” all covenants, agreements, terms, conditions and restrictions shall be binding on and applicable to them jointly and severally, and shall also be binding on and applicable to their personal representatives and permitted assigns.
  2. Any notices or any communication to be made under or in connection with the Contract shall be made in writing and, unless otherwise stated, shall be made by fax, letter, telex or electronic mail.
  3. Failure by the Company to exercise any of its rights under these Conditions shall not be a waiver or forfeiture of such rights. No express or implied waiver by the Company shall be construed as a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or from enforcing any term or condition of the Contract.
  4. These conditions of sale and services shall be governed by and construed in all respects in accordance with the Laws of Singapore and the Company and the Customer irrevocably submit to the exclusive jurisdiction of the Singapore Courts.