IMPORTANT NOTICE:
It is illegal to sell alcohol to people under the age of 18. By entering and placing an order, the Customer must confirm that he/she is 18 years old or above. The Customer shall ensure that no other person except himself/herself shall use his/her login to purchase alcohol products and a person aged 18 or above (identification required) must be present to take delivery or delivery shall be withdrawn and attempted at another time to be agreed.
TERMS AND CONDITIONS FOR ONLINE PURCHASE
1. General
Please read these Terms and Conditions carefully before placing your order through the Website. The use of the Website and the order of wines and other goods through the Website, is subject to these Terms and Conditions.
In these “Terms and Conditions”, “Shop HACHI”, “Shop HACHI はち”, “we”, “us” or “our” means Shop HACHI はちand a division of FFJ Co., Ltd., and the “Customer”, “you” or “your” means any person, firm, company, body corporate or entity who/which places an order with us. “Wines” means any wine, alcohol or spirit that may be provided by, or ordered from, Shop HACHI, and “Website” means https://hachi8.hk/, as the same may from time to time be amended and replaced. “Tableware” means all other household goods, items, porcelains or potteries that may be provided by, or ordered from, Shop HACHI はち, and “Website” means https://hachi8.hk/, as the same may from time to time be amended and replaced. “Terms and Conditions” means these terms and conditions including our Website Usage Policy and Privacy Policy, as each may be amended from time to time. By using the website or any part of it, you agree that you have read these terms and conditions that you accept and agree to be bound by them.
2. Product Description and Prices
- 2.1. The description and prices for wines are set out in the Website.
- 2.2. Prices for Wines are quoted on a per bottles basis, unless otherwise stated. Prices for other goods, potteries and porcelains are quoted on a per piece basis, unless otherwise stated.
- 2.3. We shall make every effort to ensure that prices, details and sizes of products at our website are up-to-date. Prices are subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and stock availability.
- 2.4. We shall make every effort to ensure product(s) displayed at our website are in stock. If from time to time any products become out of stock, we reserve the right to offer alternative product(s) of similar value and style. Items marked as limited stock means only small quantity is available for direct purchase, and with no guarantee of price or vintage which are subject to change without prior notice. All sold on a first come first served basis.
- 2.5. All orders are subject to confirmation of final availability and we reserve the right to reject the order in the event that any of the products or services requested are unavailable.
- 2.6. The bottle and product photos on our website are for reference only. Please refer to the actual product description when you make the purchase.
- 2.7. No further discount applies to promotional items, unless otherwise stated.
3. Privacy Protection
We are committed to safeguarding the privacy of individuals with respect to personal data. We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong.
4. Payment Terms
- 4.1. We accept a payment for order/s by digital wallet – PayMe by HSBC in prior to an arrangement of collection. All product prices listed are in Hong Kong dollars. The applicable price shall be the price listed in our Website as at the date of purchase.
- 4.2. Acceptance of orders is subject to our sole discretion. A final receipt will be issued to you when goods are collected at our store (as the case may be).
- 4.3. Payment will be taken in full at the time of ordering.
5. Notification for ordering
- 5.1. We only accept orders for collection by customer at our store location.
- 5.2. Placing an order means you agree to purchase products or services in accordance with the Terms and Conditions set out herein. After receiving your order, we will acknowledge receipt of your order. However, it is not an acceptance of your order. We reserve the right to reject any purchase order without giving any reasons. In the event that we are unable to accept your order (for example due to stock availability), we will notify you by any of communication forms such as WhatsApp, phone or email.
- 5.3. If your order is accepted by us, we will confirm with you accordingly and advise the date and time of availability for collection at our store.
6. Collect wines and tableware goods in our store
Purchased item/s will be available to collect from our store location – Shop 1102, 11/F, United Success Commercial Centre, 508 Jaffe Road, Causeway Bay. Collection date and time are to be arranged by appointment between 12pm and 6pm on Mondays, Wednesdays and Fridays.
7. Non-pickup / Non-delivery
- 7.1. We may levy storage charges for purchased goods which have been made available for collection but have not been collected, or which are ready for delivery but cannot be delivered, in either case, within 14 days of purchase for any reason, including without limitation Customer’s failure to pick up such goods, failure to notify us for refusal to take the purchased item/s.
- 7.2. If the purchased goods have not been collected or delivered and the storage fees referred to above have not been paid for 1 month from notification by us, we have the right to deal with or otherwise dispose of such goods (including resale of any wines) at its absolute discretion, without any 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 such goods in such circumstances. In such event, we shall not be liable to make any refund or compensation to you; and we reserve the right to continue claiming you for the outstanding storage fees.
- 7.3. The outstanding storage fee will start to be charged to Customer if he/she are not able to collect the Wines within 14 days of purchase.
8. Cancellation of orders
Once you settle your payment, there will be no longer entitlement with purchaser to cancel the purchase order.
9. Breakages, Shortages, Packaging Issues or Wrong orders
- 9.1. Please inspect wines and goods upon receiving and notify our store at +852 6115-3092 immediately of any breakages, shortages or wrong order. We reserve the right to refuse any claim made after such time.
- 9.2. If you are not present to collect, you may request us to deliver your purchased item/s at actual cost to your authorised representative by contacting us +852 6115-3092. 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 for any loss or damage to Wines arising as a result of delivery to your authorised representative.
10. Exchange and refund
- 10.1. Subject to 10.2 below, you are entitled to exchange products which are found to be damaged or not in good condition upon delivery. In such case, you can contact us to make arrangement for exchange within 7 days of receipt. Otherwise under normal circumstances, we would not accept any request for exchange of products or cancellation of orders.
- 10.2. Wine above HK$750 per bottle or over 10 years old shall not be refunded in any event.
- 10.3. If any Wine is corked or defective, please contact us +852 6115-3092 immediately on becoming aware of the defect. We may at its absolute option, provide a refund or replace the defective wine, provided that the following conditions are satisfied:
- The defect caused by Shop HACHI or by the supplier or producer and if by the latter, Shop HACHI successfully claims the same against the supplier and/or the producer;
- You are eligible to notify us within 2 (two) weeks since the purchase date, in addition, 1 (one) day (24 hours) after such bottle is opened, and return the bottle to us with at least two-thirds of Wine left inside so we can verify its quality as well as its original closure (cork);
- You provide to us a valid original receipt for the Wine;
- You are able to show that Wine was stored appropriately condition (keep in wine cellar) after delivery.
- Such Wine must be below HK$750 per bottle and be less than 10 years old.
- 10.4. If you require us to collect Wine, a charge of HK$200 will be payable. If the Wine is found to be defective and a refund or replacement will be offered in accordance with Clause 12.3.
- 10.5. Shop HACHI will inspect any alleged defective Wine and Goods in good faith but Shop HACHI’s decision will be final. If Wine are found to be defective, we may at its absolute option, provide a refund or replace the defective Wine. Refunds (if any) will be credited into Customer’s bank account within 4 weeks upon confirmation without interest and net of bank charges and fees.
- 10.6. If we agree you are entitled to an exchange but the products to be exchanged are sold out, you may return such product to us and apply the amount paid to buy alternative product(s).
- 10.7. All gift items must be returned together with the returned products. Otherwise, the retail value of the gift item would be deducted from the refund.
11. Risks and Title
All risk of and title to, the Wine ordered shall pass to the Customer upon delivery, except that if full and final payment has not been received by Shop HACHI for any reason whatsoever, the tile to such Wine shall remain with us until receipt of full and final payment.
12. Third Party Check
If you purchase Wines from us, we may, but are not obligated to, contact third party organisations to verify the information you have provided to us and to ensure our records are up to date. Such verification may consist of checking your name and address, payment instructions or conducting credit and other checks. Such checks are undertaken to help and protect you and as a means to counter fraudulent activities. They also help to ensure that our mailings and correspondence are being sent to the correct people at the correct addresses. These checks are not infallible and therefore please advise us as soon as possible if any of your details change.
13. Force Majeure
We shall not be liable for any delay or failure to perform caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
14. Others
- 14.1. Basis of supply: we only serve products to end consumers. We are not selling our products for re-sell purpose. If we have grounds to believe that you are not purchasing our products as an end user, we reserve the right to decline or cancel your order.
- 14.2. We shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits or any indirect or consequential loss whatsoever suffered, sustained or incurred by you or by other person arising (directly or indirectly) out of the sale and purchase transaction with you.
- 14.3. You shall not assign, transfer or otherwise any of your rights and obligations under these Terms and Conditions to any other third party without our prior written consent.
- 14.4. If any provision of these Terms and Conditions shall be construed to be illegal or invalid, they shall be removed from these terms and it shall not affect the legality, validity and enforceability of the other provisions of these Terms and Conditions.
- 14.5. These Terms and Conditions embody the entire agreement between the parties and they supersede all previous negotiations, representations and agreement between the parties.
- 14.6. We have the right, at any time, or from time to time, by giving prior notice to you, to modify or vary or supplement all or any of the provisions under these Terms and Conditions.
- 14.7. If any dispute arises, our determination shall be final. Where these Terms and Conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
15. Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region, the People’s Republic of China and the Customer and we agree to submit to the exclusive jurisdiction of the Hong Kong courts. We may revise the Terms and Conditions at any time without prior notice. Our Terms & Conditions are presented in English only as the governing version.
February 2022