En Primeur Shipment Terms and Conditions

In these Terms and Conditions, “Kerry Wines”, “we”, “use” or “our” means Kerry Wines Limited; and “Customer”, “you” or “your” means any person, firm, company, body corporate or entity who/which places a storage order with Kerry Wines.

Shipment and Collection

En Primeur Wines are sold “ex cellars” for export only from France, and must be shipped to Hong Kong as the final destination.  Shipment, insurance and duty (if any) shall be borne by the Customer and shall be settled prior to shipment, or collection from Kerry Wines’ premises, as the case maybe.

Kerry Wines will gladly facilitate shipment of Customer’s En Primeur Wines bought from Kerry Wines to Hong Kong.   When you ship your wines to Hong Kong, you must pay Kerry Wines upfront shipping, duty handling and related charges at the time of selecting this option.  The shipping charges cover all transport to one designated location in Hong Kong.  Where the wines are delivered to the Customer’s designated address in Hong Kong using Kerry Wines’ shipment arrangement, risk shall pass to the Customer at the time when physical delivery is made to the Customer. Alternatively, the Customer may at its own costs and risks collect the wines from Kerry Wines’ premises in Hong Kong after Kerry Wines has notified the Customer that the wines are ready for collection, in which case delivery of the wines will be Ex Works Kerry Wines’ premises.

If the Customer wishes to ship the wines to other countries upon arrival in Hong Kong, the Customer shall make their own arrangement for shipment from Hong Kong to the designated country.  The Customer shall be fully responsible for obtaining all necessary certificates, documents or approvals for such shipment and shall assume all costs and risks involved in transporting the wines to the Customer’s desired designation.  The Company is not liable for any loss or damages to your Physical EP Wines once delivery has been completed in Hong Kong, either by delivering to the customer’s designated address or picked up by the Customer’s service provider from the warehouse in Hong Kong.

Payment

All charges are due within 30 days from the date of the relevant invoice sent to the Customer's last known mailing or email address.

Title and Risk

Kerry Wines shall be entitled to retake possession of wines at any time to secure any payment due and the Customer will afford all necessary consent for Kerry Wines to do so.

Risks in all wines shall be passed to the Customer from the time when the physical wines are delivered to the customer in Hong Kong , or otherwise from the time the wines leave Kerry Wines’ premises if the wines are collected by the Customer or the Customer’s designated service provider.

Delivery in Hong Kong
Delivery service is available to commercial and residential addresses only. Delivery is not available to Peng Chau, Cheung Chau and Lamma Island.  We reserve the right to charge for re-delivery of orders which have not been completed due to incorrect address information provided by the Customer or the recipient not being available to accept delivery at the scheduled time slot.  Delivery service will be suspended when typhoon signal No.8 or above or a black rain warning is hoisted. In such event, you will be contacted to re-schedule delivery time. 

All expected delivery dates and time are estimates only. We shall not be liable for any loss or damage incurred or suffered by the Customer as a result of any late delivery or inability of the carrier to effect delivery as scheduled.  We reserve the right to charge storage fees at our prevailing rates if you fail to receive the wines within 2 weeks from the date the wines arrived in Hong Kong, not arising from our faults. In such case, you are required to settle all outstanding fees in full before we will arrange delivery of the wines to you or allow your collection of the wines.

Kerry Wines will make all reasonable attempts to contact you but will not accept any liability for non-delivery of goods due to incorrect contact information or address provided by the Customer, or failure of Customer to notify Kerry Wines of change of contact information or address.  In the event that the wines have not been delivered or collected and the storage fees referred to above have not been paid for 3 years from the date the wines arrived in Hong Kong, we shall have the right to dispose of the wines without further notice to the Customer and without having to account to the Customer any proceeds (if any) arising therefrom.  We shall have no liability to the Customer in respect of dealing or disposal of the wines in such circumstances.

Breakages, Shortages, Packaging Issues or Wrong Order

Please inspect the wines upon delivery and notify our customer hotline +852 2169-7700 immediately of any breakages, shortages or wrong order. Kerry Wines reserves the right to refuse any claim made after such time. If you are not present to accept delivery, you may request us to deliver your order to your authorized representative by contacting our customer hotline +852 2169-7700. However, please note that acceptance of delivery by an authorised representative is entirely at your own risk and neither we nor our delivery company will be responsible for any breakages, shortages or wrong order or for any loss or damage to the wines arising as a result of delivery to your authorised representative.

Disclaimer Relating To Third Parties’ Acts & Omissions

Kerry Wines will exercise reasonable care when handling, packing, transporting and/or shipping wines purchased by the Customer but Kerry Wines shall not be responsible or in any way liable for any act or omission of third parties engaged for these purposes.  If Kerry Wines suggests, refers or recommends any third party service provider to the Customer, Kerry Wines shall similar not be responsible for any act or omission of such third party service provider.

Limitation of Liability

Kerry Wines shall not be liable to the Customer for any act or omission or delay or non-performance of any of its obligations caused by events beyond the power or control of Kerry Wines.

Except to the extent that any loss or damage to the Customer is incurred due to or arising from the willful default of Kerry Wines, its employees or agents, Kerry Wines shall not in any circumstances be liable and otherwise responsible for any economic losses (including but not limited to loss of profit, revenue, anticipated savings, business or contract); any loss of goodwill or reputation; or any special, direct, indirect or consequential loss damage to the Customer or any third party for any loss, damage, deterioration, misplacement, destruction, late delivery or non-delivery of any wines howsoever causes.

IN THE EVENT KERRY WINES IS LIABLE TO THE CUSTOMER FOR ANY REASON UNDER THESE TERM AND CONDITIONS, KERRY WINES’ AGGREGATE LIABILITY SHALL BE LIMITED TO YOUR PURCHASE PRICE OF THE BOTTLES CONCERNED, SUBJECT TO A MAXIMUM LIABILITY OF HK$3,000 PER 750ML OF WINE AND PROPORTIONATE SHIPPING FEES.  IF CUSTOMER REQUIRE ADDITIONAL PROTECTION, YOU MAY TAKE OUT EXTRA INSURANCE COVERAGE ON YOUR OWN ACCOUNT. 

For the avoidance of doubt and without prejudice to the generality of the foregoing, Kerry Wines shall not be liable howsoever for any loss or damage to the Customer or any third party arising from or as a result of events including but not limited to the following:

(a)  Strike, lock-out and/or civil commotion;

(b)  War, war-like or hostile actions;

(c)  Any government action or intervention;

(d)  Sudden change in political situations preventing previous and prevailing normal and usual practice in trading; and

(e)  Act of God

In the event that Kerry Wines is unable to fulfill its obligations under an order due to a Force Majeure event, Kerry Wines is under no obligation to return to the Customer any amount already paid.

Data Privacy Policy

The data collected by Kerry Wines from the Customer will be used in connection with the provision of services to the Customer. The Customer agrees that the data may be used for business administration by Kerry Wines.  Unless legally required to do so Kerry Wines will not disclose the Customer data to any third party.  We may however disclose the Customer’s data to our service providers, such as data processing agents or financial institutions for processing payment.

Right to Changes of Policy

Kerry Wines reserves the right to change these terms and conditions as it sees fit and your continued use of the service will signify your acceptance of any adjustment to these terms.

Miscellaneous

The Contracts (Rights of Third Parties) Ordinance of the laws of Hong Kong shall not apply and no person other than the Customer and Kerry Wines shall have any rights under the transaction contemplated herein nor shall it be enforceable by any person other than the said parties.

If any provision in these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect other provisions of these Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

These Terms and Conditions are governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”). The Customer agrees to submit to the non-exclusive jurisdiction of the Hong Kong courts.

These Terms and Conditions are written in the English language and may be translated into Chinese. In the event of any inconsistency between the English version and the Chinese version, the English version shall prevail.

Version: 1 August 2022