EP Terms & Policies

EN PRIMEUR ADDITIONAL TERMS AND CONDITIONS

Please read these en primeur additional terms and conditions (“En Primeur Terms and Conditions”) carefully before placing your order with Omtis Fine Wines Limited, and also retain a copy of these En Primeur Terms and Conditions and your order for future reference. Please also refer to the General Terms and Conditions (as defined below), which can be accessed through here or Omtis website.

These En Primeur 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), including without limitation orders made through our E-Commerce Platform and offline orders. All En Primeur Products (as defined below) must be ordered through our E-Commerce Platform (as defined below), unless mutually agreed otherwise.

1. Interpretation

In these En Primeur 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 En Primeur Products from the Company;

(d) "Customer" 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 as well as storage of goods;

(g) "En Primeur Products" means the en primeur wines on offer by the Company on the E-Commerce Platform from time to time, which may be subject to Unique Terms and Conditions applicable to that particular en primeur product;

(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 the Omtis website.

(k) "Registered Address" means any of the address(es) registered with your Customer Account, or in the event of an offline order, the address provided by you for your order of En Primeur Products or any other addresses previously provided by you to us.

(l) "Registered Credit Card" means any of the credit card(s) registered with your Customer Account, or in the event of an offline order, the credit card provided by you for your order of En Primeur Products or any other credit cards previously provided by you to us.

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

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

2. Additional Terms and Conditions

These En Primeur Terms and Conditions are additional to (i) for online orders, the general terms and conditions applicable to purchases on the E-Commerce Platform, which can be accessed through the Omtis website; or (ii) for offline orders, the terms of the agreement entered into between you and the Company (the “General Terms and Conditions”). The General Terms and Conditions shall also apply to all En Primeur purchases, save where superseded by these En Primeur Terms and Conditions.

Due to the unique nature of En Primeur Products, an additional set of terms and conditions may be applicable to your purchase of the relevant En Primeur Product (the “Unique Terms and Conditions”). The Unique Terms and Conditions shall be provided on the E-Commerce Platform along with the En Primeur Product.

These En Primeur Terms and Conditions, the General Terms and Conditions and the Unique Terms and Conditions are all of the terms and conditions under which the En Primeur Products are to be supplied 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.

The Unique Terms and Conditions applicable to any En Primeur Product shall supersede and prevail over these En Primeur Terms and Conditions and the General Terms and Conditions in the event of any conflict. These En Primeur Terms and Conditions shall supersede and prevail over the General Terms and Conditions in the event of any conflict.

3. Registration and Customer Account

You will need to log in to your Customer Account and to upgrade to a storage account user in order to order (or purchase) an En Primeur Product online. If you do not have a Customer Account, you will need to create one or to contact one of our representatives.

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. 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 or Omtis website.

All financial transactions 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 us without prior notice. Please refer to the price list in respect of each En Primeur Product for the prices. 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 otherwise agreed in writing, and any such payment shall use the conversion rates determined by Omtis.

5. Payment

Payment shall be made by bank transfer within five (5) working days or a time period as defined by the Company from time to time. If the order remains unpaid after 5 working days or given the deadline, the wines in your order may be released and you may have to submit your EP request again. The submission of your EP enquiry does NOT mean that a valid Contract has been formed for your order, please see the section titled Orders and Contracts below which details when a valid Contract is made. Payment may also be made by any credit/debit cards (as accepted by our online payment gateway on the online platform) up to an amount as permitted by the platform or determined by Omtis from time to time.

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.

For online orders, please also refer to our General Terms and Conditions for additional provisions which apply, which can be accessed through this link or our website. For offline orders, please refer to the terms of the agreement.

6. Orders and Contracts

All orders are subject to acceptance and availability, and items in your En Prmieur inquiry list or 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 Omtis 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 Hong Kong and the language of the contract is English.

We reserve the right to not accept your order or not fulfill your request 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.

You acknowledge and agree that any preferences indicated by you for the En Primeur Products (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 or receipt made out to you. You acknowledge and agree that, in the event that any preferences indicated by you are unavailable for the relevant En Primeur Product, we shall have your express authority to determine alternative replacements for you. Please refer to the section titled Availability for additional details.

For online orders, please also refer to our General Terms and Conditions for additional provisions which apply, which can be accessed through this link. For offline orders, please refer to the terms of the agreement.

7. Delivery and International Shipping

Unless otherwise stated, all of the quoted prices are exclusive of shipping and delivery fees, unless otherwise agreed in writing. When you purchase the En Primeur Products offline or from the E-Commerce Platform, you will need to have a Storage Account with at least one (1) Registered Credit Card under the payment gateway in order to proceed, and you will be required to provide a valid billing address where you can be contacted. In the event that you do not specify a billing address, any of your Registered Addresses will be deemed to be your specified billing address and contact address.

By ordering any En Primeur Product, you hereby authorize us to charge any shipping, storage and/or insurance charges (if any) to any of your Registered Credit Cards.

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

When the relevant En Primeur Products are available and have arrived in our warehouse in France, we will notify you by email that the En Primeur Products are available, whereupon you shall select online under your account whether to have the En Primeur Products delivered to you at one of your Registered Addresses (or a designated address) or to be stored by us (the “Availability Confirmation”). Unless you select for the En Primeur Products to be delivered to you, the En Primeur Products will be stored in accordance with our Storage Terms and Conditions, and we shall be authorized to automatically invoice and charge you on one of your Registered Credit Cards for any such Storage and Insurance Fees. If we do not receive your online instruction before the deadline as set forth on the Availability Confirmation, we shall be authorized to automatically invoice and charge you on one of your Registered Credit Cards for any such Storage and Insurance fees.

The terms and conditions of our Storage Services could be accessed through this link.

Ownership and risk of the En Primeur Products shall be transferred to you once we issue the Availability Confirmation.

We shall not be required to deliver any En Primeur Products until all relevant fees in relation to the delivery (including without limitation any shipping fees and insurance costs) have been paid in full. Any deliveries to any of your Registered Addresses shall constitute as valid deliveries, and we shall be under no obligation to verify or confirm the accuracy of any of your Registered Addresses.

In the event that any delivery fails, is returned or cannot be made for any reason whatsoever, including without limitation if the Registered 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 on any of your Registered Credit Cards; and (ii) exercise a lien over and/or to sell some or all of the Goods and to deduct any outstanding amounts 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 Registered 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 your Registered 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 specified, all En Primeur Products will only be delivered when they have been prepared and provided to us in a condition suitable for delivery. We shall be under no obligation to deliver any En Primeur Products until we deem, in our sole and absolute discretion, that the En Primeur Products are suitable for delivery. We are not responsible for any delays or disruptions caused by the producer(s)/supplier(s), 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. We will not be liable for any delays or disruptions caused by the event.

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 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.

8. Availability

Notwithstanding acceptance by us of any order placed by you, including entering into a Contract with you, all En Primeur Products are offered for sale subject to availability. In the event that any En Primeur Products ordered by you are not available, we will use reasonable endeavours to contact you to arrange for replacement or arrange for a full refund, to be determined by us at our sole and absolute discretion.

You also acknowledge bottle size(s) and casings of all wines are subject to availability and the final confirmation from 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 En Primeur Products 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 En Primeur Products, and we shall be entitled to do so at our sole and absolute discretion.

You also acknowledge and agree that all En Primeur Products involve the purchase of future goods, which are inherently subject to constraints on availability. Accordingly, you acknowledge and agree that the delivery of any En Primeur Products is not guaranteed, and that there may be a lack of availability on any En Primeur Product.

9. Cancellation

We shall be permitted to cancel any order and terminate any Contract at any time prior to the transfer of ownership and risk of the En Primeur Products to you. In the event of any such cancellation, we shall arrange for a full refund of any deposit or payments made by you.

10. Breakage and Shortage

For online orders, please refer to our General Terms and Conditions for additional provisions which apply, which can be accessed through this link. For offline orders, please refer to the terms of the agreement.

11. Faulty Goods

12. Title and Risks

Ownership and risk of the En Primeur Products shall be transferred to you once we issue the Availability Confirmation. Please see the section titled Delivery and International Shipping for additional details.

13. 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 En Primeur Product under or in connection with any Contract (save in the case of death and personal injury) shall be limited to the price of the En Primeur Product paid by you.

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

14. 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.

15. Force Majeure

We reserve the right to defer the date of delivery and suspend further performance of the Contract if we are 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.

16. 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.

17. Failure to Comply

18. Contract by Corporation

If 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.

19. Third Party Sites and Services

20. Privacy Policy

21. Intellectual Property Rights and Accuracy

22. No Commercial Use

23. General

For online orders, please refer to our General Terms and Conditions for additional provisions which apply, which can be accessed through this link. For offline orders, please refer to the terms

Updated as of 28th May 2021

En Primeur Terms & Policies

EN PRIMEUR ADDITIONAL TERMS AND CONDITIONS

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