Terms of Service
Thank you for visiting La Cave's website (the “Site”) of La Cave (Hong Kong) Limited (“La CAVE”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms of Service and any other rules posted on the Site (collectively, the “Terms Of Service” or “TOS”). By using the Services, such as placing orders on the Site, you are agreeing to all of Terms Of Service.
La Cave Limited is a company registered in Hong Kong SAR. Our registered address is G/F, 64 THIRD STREET, SAI YING PUN, HONG KONG.
1. Intellectual Property
All software and Content (which is defined as, or includes, any texts, audio or music, video, graphics, photographs, and images) are the intellectual property of LA CAVE and are protected by intellectual property, copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorized by LA CAVE and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of LA CAVE. Any such unauthorized actions may result in civil consequences or criminal penalties.
LA CAVE reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
2. Third Party Links
The Site may include links to other websites or resources that are not operated or prepared by LA CAVE. We have no control over such sites and resources, and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
3. Eligibility to Purchase
In order to place orders with us, you must meet our conditions of eligibility:
Be aged 18 years of age or over
Be in possession of a valid credit/debit card issued by a licensed bank acceptable to LA CAVE or payment or be in possession of a valid Stripe account, unless you have opted to pay in cash on delivery
Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site)
In placing an order with us, you authorize LA CAVE to process a charge or charges on your credit/debit card or Stripe account in the amount of the total purchase price of your order. You also expressly authorize us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information.
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
4. Product Description
LA CAVE will endeavor to ensure that the Content and the product descriptions on the Site to be accurate and complete as possible. We however do not warrant that Content and product descriptions are accurate, complete, current or error-free.
Prices are shown on the Site in Hong Kong Dollars (HKD). Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious error. Whilst we use our best endeavors to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
We accept payments made by Visa, MasterCard and AMEX.
By placing an order using one of the above Credit/Debit card and online payment methods, you confirm that the Credit/Debit card(s) or Stripe account used is yours or that you have been authorized by the owner to use it. If your card issuer refuses to authorize payment to LA CAVE, we will not be liable for any delay or non-delivery.
Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our Services.
7. Acceptance of your Order
Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and LA CAVE
will be completed when we send you an email to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong SAR and are written in English.
LA CAVE reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
We identify a pricing or product description error.
We are unable to obtain authorization for payment.
You do not meet the eligibility criteria to purchase as set out in this TOS.
Our Customer Service team will contact you as soon as possible if there are any problems with your order.
8. Shipping and Collections
LA CAVE insures each order through transit up until it is delivered to you or is collected. You need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment on. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by LA CAVE. You also accept the associated transfer of responsibility in the same way. LA CAVE provides free shipping on all orders above HK$1500 per seller (after discounts and vouchers have been applied). Orders under HK$1500 will be subjected to a shipping fee of HK$100 for HK Island ; $200 for Kowloon Island, N.T. and Outlying Island (Discovery Bay, Lamma Island, Mui Woo, Peng Chau, Cheung Chau) per order. LA CAVE reserves the right to update its shipping policy at its sole discretion without prior notice.
In order to provide you with the best possible online shopping experience, LA CAVE maintains a specific return policy if for below reasons you are not 100% satisfied with your purchase. You can return your order against the value for another item in the LA CAVE shop if the following requirements are met:
We accept returns within 30 days of purchase invoice date, against in-shop credit ONLY.
No money refund is provided, only in-store credit - to be used within 30 days of receiving credit.
Returns ONLY possible in the shop.
Products have to be returned with the original receipt
Please note that we will not be able to provide a refund on any shipping fees charged for the original order.
In the case of cork taint, we provide a full refund with shop credit. Condition being that the bottle has to maintain at least 80% of the original wine volume. Shop credit to be used within 30 days.
10. Your Rights
Nothing in the TOS is intended to affect your rights under the Law in Hong Kong SAR.
LA CAVE does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.
Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, LA CAVE will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.
12. Indemnity and Waiver
At our request, you agree to compensate us fully and hold us, LA CAVE (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.
If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer Care team for any order related complaints or comments.
LA CAVE respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.
14. Governing Law and Jurisdiction
The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.