It is crucial that you carefully read and understand our Terms & Conditions before proceeding with your order at Aroma of Wine Pte Limited. Keeping a copy of these, along with your order, for future reference will empower you with the necessary information.
Special terms apply to sales of wines offered 'En Primeur' and to 'Wine Futures' (See Clause 6).
Interpretation
- Amount(s) Owing" means the price charged by the Seller for the Goods and any other sums, which the Seller is entitled to charge under any Contract, including any interest accruing thereon.
- Seller means Aroma of Wine PTE Limited (Division of Wine JC Wine PTE Limited), a private limited company in Singapore.
- Contract means the contract for selling and purchasing Goods per these Terms.
- Customer" means any person, firm, corporation or body which places an order with the Seller, and if it comprises of more than one person, each person's liability is joint and several;
- Goods means all products, equipment, materials, or other items sold by the Seller.
- Price List means the price list prepared by the Seller for the Goods, which the seller may revise from time to time without prior notice.
- Terms mean the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
General
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller.
- Any variation to these Terms (including any special terms and conditions agreed between the parties, including without limitation discounts) shall be inapplicable unless agreed in writing and signed by a director or an authorized signatory of the Seller.
- The Seller accepts all orders only under these Terms, which shall be the sole terms and conditions of any sale by the Seller to any Customer.
- The Seller may vary or alter these Terms and Conditions from time to time without notice to the Customer.
- Under the law of Singapore, intoxicating liquor must not be sold or supplied to a minor in the course of business.
- The placing of an order for or the acceptance of Goods by Customer shall indicate unqualified acceptance of these Terms.
- The Seller accepts orders at the time of delivery, subject to the availability of goods. Substitutions for out-of-stock items will only be made with the Customer's agreement.
Prices and Contract
- Our commitment to fair pricing is unwavering. Unless otherwise specified, the prices quoted on our website, App, and associated price lists are subject to change by the Seller without prior notice. For the latest prices of Goods, please refer to the Seller's latest price list on the Seller's App or visit the Seller's website.
- Unless otherwise specified, all prices are shown in SGD and cannot be paid in other currencies unless agreed by the Seller.
- This material is for the customer's guidance only, and statements therein do not constitute representations by the Seller or bind the Seller. Any typographical, clerical, or other error or omission in any sales literature, price list, acceptance of offer, invoice, or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
- The Seller shall not be liable for any misrepresentation made by the Seller, its employees, or agents to the Customer regarding the Goods' condition or quality as long as it is in accordance with Singapore law or unless the representation is made or confirmed in writing by the Seller.
- Once An order is placed, It represents a binding contract that cannot be amended or cancelled. At this point, the risks and benefits of the inventory title are transferred to you, the Customer.
Payment
- Payment is due at the time of order, other than for approved credit accounts. We reserve the right to cancel orders if we do not receive payment within 28 days of the due date.
- If the Customer has a credit account with the Seller, the Customer shall make payment for the Goods in cleared funds on or before the payment date, which is the invoice date plus the payment terms (unless otherwise agreed in writing).
- The Seller reserves the right to request advance or immediate payment for the Goods when an Order is placed. This is to ensure a smooth and efficient transaction process.
- Unless otherwise agreed, the Customer shall pay the amount owing on delivery of the Goods in Singapore Dollars either by cash, bank transfer, credit card, or cheque. The Customer may review their order history and statement of accounts via the Seller's website, which itemises each transaction and sets out the relevant payment due dates.
- Any deposit required by Seller shall be paid according to the terms of the Contract, subject to Clause 5 below. All deposits paid are non-refundable. Any interest accrued on the deposit(s) shall be charged to the Seller's account.
- The Customer shall pay the amount owing in full and free of any counterclaim, set-off, deduction, withholding, or other claims whatsoever.
- The price of the Goods shall be stated on the Seller’s website or App unless otherwise agreed in writing by the Seller. Unless specified, all prices are quoted exclusive of GST, which is payable at the rate ruling at the date of order unless zero-rated or exempt from GST.
Availability
- Notwithstanding the Seller's acceptance of any order placed by the Customer, all Goods offered for sale are subject to availability. Should the Goods be out-of-stock, the Seller will make reasonable efforts to contact the Customer to arrange a replacement or full refund.
- The Customer acknowledges that the vintages and bottle size(s) of all wines are subject to availability and the Seller's final confirmation.
EnPrimeur' Orders
Prices
- Description of 'EnPrimeur' wine products and their prices are set out in the 'EnPrimeur' Price List of the Seller.
- Prices may be subjected to change due to fluctuations in currencies, the market, and abrupt changes without prior notice.
Payment
- Payment demanded in the 'EnPrimeur' invoice of the Seller is due within fourteen (14) days of the invoice date and is non-refundable. The Seller reserves the right to cancel the 'EnPrimeur' order if the deposit is not received within fourteen (14) days of the invoice date.
Delivery
- Delivery of wine products purchased 'En Primeur' will be made within three (3) years from the date such wine products are offered for delivery will be made upon the Customer’s instruction when the wine products are available from the Seller's relevant supplier
- Upon the Customer's request, the Seller will use reasonable endeavours to provide a banker’s guarantee to the Customer concerning the amount paid relating to the 'EnPrimeur' purchase.
- The Seller offers a flat rate, door-to-door delivery service from France to Singapore upon the availability of wine products purchased 'En Primeur.' Customers have the option of air or ship freight depending on their needs.
- The Seller will use all reasonable endeavours to deliver wine products purchased 'En Primeur' to the place as instructed by the Customer. It will be at the Customer's costs, expenses, and risks.
- Delivery will only be made upon full payment of all amounts owing to the Seller.
Availability
- The stock of certain wine products purchased 'En Primeur' may require allocation, subject to demand. In such cases, the Seller reserves the right to assign the stock amongst its Customers in such proportions as it deems fit. The remaining stock will be confirmed in writing by the Seller and will be made available for order. In the absence of a written confirmation of the Good’s availability, the Goods will be named unavailable, and the order cannot be placed.
Cancellation
- If the cancellation is the fault of the Seller, the Customer may receive a replacement of Goods or a full refund.
Storage
- Wine products purchased 'En Primeur' may be stored in bulk in their production region. They cannot be segregated until such products are bottled and transferred to the Seller. Changes in ownership from 'En Primeur' to the Customer can only be made after full payment. Prior to the change in ownership, the Customer may only have contractual rather than proprietary interest in the Goods.
- Free storage will be offered for the first three (3) months upon the Seller sending the Customer a notice of final invoicing (Duty and taxes). The invoice notifies the Customer that wine products purchased 'En Primeur' are ready and available for collection. The Customer may contact the Seller and check the anticipated date on which the 'EnPrimeur' wine products will be prepared and available for collection. A storage fee will be charged after three (3) months if the Seller does not receive any further delivery instructions from the Customer.
Insurance and Ownership
- Subject to the Customer's payment of the storage fee according to Clause 9.2 and 9.3 of these Terms and Conditions, the Seller will remain responsible for the wine products purchased “En Primeur”.
- All wine products purchased by 'EnPrimeur' remain the Seller's property until the Seller receives full payment.
Disputes
- In the case of any disputes, the Seller reserves the right to final decisions on all matters. If the Customer has already placed the order, the delivery process will continue. However, there will be no refund should a dispute arise between the Customer and the Seller after the goods have already been ordered and paid for in part or in full.
Delivery
- Orders will be dispatched to the Customer's nominated delivery location stated in the orders. Customers must notify Seller of any changes in delivery address or delivery date forty-right (48) hours before the original delivery date. Additional charges may be incurred. The seller will not be responsible for any reverse logistics resulting from a delivery made to the address stated in the orders.
- Delivery for purchases more than SGD300 is free of charge within Singapore (for one location).
- Additional charges will be payable by the Customer for deliveries to addresses where lift access is not possible.
- Additional freight charges will be payable by the Customer for orders for overseas delivery. Freight charges may vary, and overseas delivery may be subject to import charges and taxes, which will be payable by the Customer.
- Any indication of when Goods will be available for delivery or collection is estimated only and not intended to be binding. The Seller will use reasonable endeavours to deliver orders within such periods. The Seller shall not be liable for any loss or damage suffered by the Customer resulting from any delay.
- A delay due to circumstances outside of the Seller's control does not entitle the Customer to cancel any order or refuse to accept delivery.
- The Seller reserves the right to charge an additional delivery fee if the recipient, nominated by the Customer, is not available to accept delivery at the said time.
International Shipping
- The Seller charges for airfreight but is not involved in collecting foreign duties, taxes, and surcharges. The Customer must pay such costs separately to the relevant party before the wine is released to the Customer. These charges vary widely worldwide, are sometimes demanding (e.g., reaching over 100% of value), and are often based on complex rules. Moreover, certain countries have "sampling" laws where authorities have the right to open a limited number of bottles per item. Failure to pay the required duties may also result in confiscating the Customer's wine shipment.
- Wine is shipped internationally solely at the Customer's own risk. In particular, the precise timing of deliveries (given the need to clear Customs in other countries) and the local storage conditions while awaiting Customs clearance are entirely outside of the Seller's control. Customers are advised to understand the import requirements for their intended destination country. They should make arrangements for duties payment, hire import brokers, or hire other expenses and services required to ensure their wine is processed promptly by customs. The Seller is not liable for making such arrangements and is not responsible for any delays associated with customs or other processes required to import wine into a country.
- High temperatures may cause wine bottles to leak, and extreme cold can freeze wine during shipment. The Customer agrees that the Seller will not be responsible for and will not replace any wine damaged by adverse weather conditions during shipment.
- The Customer must inspect all goods upon receipt and notify the Seller or the carrier about any shortage, damage, or other deficiencies.
- Upon receipt of the goods, the customer will be deemed to have accepted Them as satisfactory and will not be entitled to reject them thereafter.
Cellar and Storage of Wines
- The Seller offers cellar/storage facilities to the Customer for the Goods purchased from the Seller. Storage fees and insurance will be charged based on Seller’s prevailing rates.
- The Seller will notify the Customer of any changes to storage rates or storage location no less than thirty (30) days before the storage date by writing.
- Goods stored in the Seller’s premises shall be insured against all risks of physical loss or damage, subject to the relevant insurance policy's terms and conditions.
- In the event of non-payment of storage fees or any outstanding amount owing to the Seller thirty (30) days from the date of the relevant invoice, the Seller reserves the right to exercise a lien over the stored Goods. The Seller has the right to deliver to the Customer.
- The outstanding amount owing unsettled by the Customer for more than six (6) months gives the Seller the right to sell some or all of the Customer’s Goods in storage to offset the amount. After offsetting the amount owing, the balance (if any) shall be returned to the Customer.
Force Majeure
- The Seller shall not be liable for any delay or failure in its performance due to fire, flood, accident, riot, war, government intervention, embargoes, pandemics, strikes, labour difficulties, equipment failures, or any other causes beyond the Seller's control.
Description/Quality
- Subject to the provisions in this Clause, all Goods delivered are non-refundable. Where it is discovered that a bottle of wine is corked ("Corked Wine"), the Customer must notify the Seller in writing within twenty-four (24) hours ("Notification"). The Customer must return the Corked Wine to the Seller within two (2) working days from the Notification for the Seller's examination. The Seller will offer a replacement or credit in favour of the Customer provided that:
- Upon return, the original cork was put back in the opened Corked Wine with at least 2/3 of the bottle's content.
- The value of the wine does not exceed SGD150 per bottle, or the vintage of the wine is less than ten years old;
- The Customer must be genuine and prove that the Corked Wine was purchased from the Seller and was delivered within seven (7) days. The Customer must verify the full payment of the wine and make sure that the Corked Wine has been properly stored.
- Seller is not obliged to deliver any replacement of the Goods to an overseas address.
- It is expected that the quality/condition of the product may differ slightly from its description.
Jurisdiction
- All contracts are made under Singapore Law and subject to Singapore's courts' exclusive jurisdiction.
Limitation of Liability
- Seller shall not be for ullages. The seller is also excluded from any claims with respect to the deterioration in the condition of any wine products (which is natural).
- Seller shall not be liable to Customer 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 any economic losses (including but not limited to loss of profit, revenue, anticipated savings, business or Contract); or any loss of goodwill or reputation; or all direct, indirect, and consequential loss.
- The Seller's sole liability in respect of or in connection with Goods under or in connection with any Contract (save in the case of death and personal injury) shall be limited to the price of Goods paid or payable by Customer.
- Customer agrees to indemnify Seller against all costs, expenses, losses, and damages incurred by Seller due to breach of any of these Terms and Conditions.
Returns
- Returns are permitted if the Goods were delivered to the Customer incorrectly (these should be reported to the Seller within three (3) working days of delivery).
- Authorized returns must be arranged in advance to allow sufficient time for collection documentation to be raised. The returned Goods must be the same as those supplied. No substitutions are permitted. Goods must be returned in precisely the same condition as they were provided.
- The seller is under no obligation to offer replacements or other compensations if the Customer perceives a product to be out of state for consumption. The seller cannot guarantee that the Goods will always show at their best.
- Physical products like wines and spirits age and mature in different ways. Seller will not bear any liability for subjective judgments as to quality or drinkability.
- Seller will not accept returns for any wines should they be corked, tainted, or fatigued in any way.
- It is recommended that older wines be given appropriate time for preparation before opening. It is also highly recommended that Customers request high-resolution photos in advance should Customers doubt the quality of higher-value Goods.
Warranty
- Seller warrants that the Goods will correspond to any description given on its Website and be of satisfactory quality.
- Seller assures that the Goods will comply with all applicable legislation governing the Goods' sale.
- In no circumstances shall the Seller be liable for claims exceeding to the price paid for the Goods.
- Except as provided for in these Terms, there is no implied condition or warranty about the quality or fitness of the Goods sold under this Contract.
- No refund, credit, or replacement will be given for out-of-date Goods unless they are validly rejected as out-of-date when delivered to the Customer.
Failure to Comply
- If payment in full of any amount owing is not made within one month from the payment due date, or an event of default occurs, the Seller may, without prejudice, exercise all or any of the following rights:
- Delay delivery of any Goods until the matter is resolved to the Seller's satisfaction. Suspend or cancel (in whole or part) and delivery. Exercise a lien over or sell some or all of the Goods
- Recover from the Customer, deduct from, or set off against any amount owing amounts for any damage, loss, or cost (including legal costs) to the Seller relating to the Customer's non-performance.
- By notice to the Customer, require that all the Customer's indebtedness to the Seller, whether or not due, be paid immediately
General
- Nothing in these Terms excludes or restricts the Seller's liability for death or personal injury resulting from the Seller's negligence.
- The Seller shall under no circumstances be liable to the Customer for any claim (whether arising in or for Contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise).
- Seller is not responsible (under or in connection with these Terms) for any indirect, special, or consequential loss or any loss of anticipated profit.
- Seller is not liable to third-party claims arising from either breach or non-performance of its obligations under the Contract or from the supply of or intended use of the Goods.
Disclaimer:
- This Site and all its web pages, including the information, content, and other materials displayed ("Contents"), are provided on an "as is" basis for general information purposes and not as any form of advice. The Contents are of a general nature and may not be applicable to your specific situation. While we try to ensure that the Contents are correct, they may not be up to date or free from error or omission. No warranty of any kind is given with respect to this Site or the Contents.