Terms and Conditions
"Contract" means the contract for sale and purchase of Goods in accordance with these Terms.
"Customer" means the person, firm or company who accepts the Seller's quotation for the sale of Goods, orders the Goods and whose order for Goods is accepted by the Seller.
"Goods" means all those products and services supplied by the Seller.
"Seller" means Cru Asia Limited.
"Terms" means the standard terms and conditions of sale of the Seller as set out in this document to which all Contracts shall be subject. These Terms supercede any terms and conditions of the Customer.
"Orders" means a request by the Customer for Goods subject to these Terms.
The headings in these Terms are for convenience only and shall not affect their interpretation.
2. Prices and Contract
Unless otherwise specified, prices quoted on site website and associated price lists are:
- Per case or per bottle as indicated.
- Exclusive of tax, excise duty and delivery charges (if applicable).
- Provisional and subject to our confirmation, upon acceptance of order.
All Orders are accepted by the Seller only under these Terms and these Terms shall be the sole terms and conditions of any sale by the Seller to any Customer. The Terms may not be altered except with the written agreement of the Seller. Any contrary or additional terms unless so agreed are excluded. The placing of an Order for or the acceptance of Goods by the Customer shall indicate unqualified acceptance of these Terms.
Orders are accepted by the Seller subject to availability of Goods at the time of delivery.
All Orders placed on by the Customer represent a binding contract which is not subject to amendment or cancellation. Upon completion of an Order, all the risks and benefits pertaining to title of the inventory pass to the Customer at the time of that order.
These Terms supersede all previous oral or written representations, undertakings and agreements relating to the Goods.
The Seller shall not be liable in respect of any misrepresentation made by the Seller its employees or agents to the Customer as to the condition or quality of the Goods as far as Hong Kong law allows or unless the representation is made or confirmed in writing by the Seller.
While the Seller takes every precaution in the preparation of its website, catalogues, price lists and other literature these documents are for the guidance of the Buyer only and statements therein shall not constitute representations by the Seller and the Seller shall not be bound by them. 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.
Payment is due at the time of order, other than for approved credit accounts. We reserve the right to cancel orders if we have not received payment within 14 days of the due date.
The Seller shall be entitled, at its sole discretion, to refuse or at any time to withdraw a credit account without giving a reason. In accepting the offer of a credit account the Customer agrees that the Seller may make periodic searches with credit reference agencies and fraud prevention agencies to manage the Customer credit account. The Seller shall not disclose any information obtained carrying out such searches to any third party without the Customer's consent except as may be required by law.
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 - being the invoice date plus the payment terms (unless otherwise agreed in writing).
Payment may be made by bank transfer, cheque (allow 5 working days for cheques to clear) or certain debit and credit cards (we reserve the right to levy a 1.5% surcharge on credit cards and a 3% surcharge on American Express cards). The Customer's bank or other paying entity may levy a charge to transfer funds to the Seller. The Seller is not liable for any such charges, which are outside the Seller's control. Approved trade accounts may be granted 30 days credit at our discretion. Overdue sums carry interest from the date when payment becomes due at 5% per annum above the base rate from time to time. Until all sums due to us have been paid we shall be entitled to retain possession of any goods to which you would otherwise be entitled. If any payment is overdue we shall be entitled to suspend deliveries/collections.
The price payable for Goods shall be that stated on this website or price list 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.
The prices of Goods are subject to alteration without prior notice. Specifically (and without limiting the foregoing) prices are subject to alteration to reflect changes in duty or foreign exchange rates and variations in the prices charged to the Seller by their suppliers.
4. Title and Risk
By transacting on this website you enter into a contract with Cru Asia Limited (“Cru”).
The risk and reward of ownership in all goods shall pass to you as soon as you are issued with a sales invoice.
Without prejudice to the foregoing none of the Goods are supplied on a "sale or return" basis.
Orders will be dispatched to the customer’s nominated delivery location in accordance with the delivery notification given at the time of Order. If you wish to change the delivery address you may do so by notifying us not less than 48 hours before the origional delivery date. Please note that additional charges may be incurred. Cru HK will not be responsible for any reverse logistics resulting from a delivery which is made to the (un-amended) address we have on file for your delivery. Any delivery which has not been made within 30 days of the customer being notified of its availability for delivery will be liable for storage charges at standard rate. Additional fees apply for any delivery to walk-up buildings past the first floor: HKD15 per case per floor.
Cru HK reserves the right to charge storage fees if you have not informed us of a delivery location within one month following notification that it is ready for delivery. The setting up of this account will not incur any additional charges to the customer and will be created by Cru HK in your name at in our temperature controlled warehouse. Goods will be transferred your account (at the customer’s expense) and the customer will be liable for all storage fees and associated booking in, handling etc. fees.
Any indication as to when products will be available for delivery or collection is an estimate only and is not intended to be binding. We will notify you once products are available. Domestic or international transport may be arranged by us as your agent at the rates of charge indicated.
We will not be held responsible for delays or changes to international shipping schedules that are beyond our control.
You undertake to inspect all goods when collecting or immediately on delivery and to notify us or the carrier forthwith of any shortage or damage or other deficiency.
You will be deemed to have accepted the goods as satisfying your order upon your acceptance, and thereafter will not be entitled to reject products for any reason, and no returns or credits will be permitted thereafter.
If any payment is overdue for 14 days or the goods have not been collected within one month of being available, or there is an earlier indication from you that payment will not be made or the goods will not be collected, we shall be entitled to send written notice to the invoice address of our intention to deal with, sell or otherwise dispose of the goods and 7 days thereafter we shall be at liberty to do so unless payment in full is received or the goods are collected before the close of business on the seventh day. Any method of resale is entirely at our discretion.
Upon resale you will receive a credit of 80% of the lower of the net proceeds of the resale and the price of our original sale to you. Any balance after the credit shall remain payable by you and shall continue to carry interest. The existence of this right does not affect any other remedies we would have.
8. Force Majeure
We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.
We will act in good faith when purchasing all products sold on this site, but we will not be responsible for the condition of products or whether the product corresponds to the qualities which might be expected from its description.
The placing and accepting of oral orders, or orders communicated through any electronic means, such as email, shall form a contract on these terms, conditional upon our written confirmation of order which may be by the delivery of an invoice or via an email confirmation.
11. StorageAll orders will be delivered initially to your storage account with Cru. You will have 30 days of storage without charge and following that date will be charged storage in accordance with our storage tariff. Storage charges must be saved with a saved credit card. If we have a credit card or other form of payment saved against your account we will use this to pay any storage charges in arrears by more than 3 months, regardless of whether you have selected 'auto payment' for storage invoices. If a storage invoice remains outstanding for more than 3 months we will contact you notifying you that we will sell the minimum amount of stored inventory to generate account credit which will be used to settle the outstanding invoice(s). Cru will use its reasonable best efforts to attain a fair market price for any goods sold in accordance with this Clause 11. But Cru makes no guarantee that the price achieved was the best possible price in the market at the time of sale.
All contracts are made under Hong Kong Law and are subject to the exclusive jurisdiction of the courts of Hong Kong.
Returns are permitted if the Goods were delivered to the Customer incorrectly (these should be reported to the Seller within 3 working days of delivery). Authorised returns must be arranged in advance to allow sufficient time for collection documentation to be raised. The returned goods must be the same goods as those supplied, no substitutions are permitted. Goods must be returned in exactly the same condition as they were supplied. Fine wines and spirits are products which undergo a certain amount of evolution in the bottle. As such, we will not usually be able to accept returns of products of over ten years in age.
The Seller warrants that the Goods will correspond with any description given in its price list / website or specification and be of satisfactory quality and will comply with all applicable Hong Kong legislation governing the sale of the Goods and the Seller will at its option refund the purchase price of, or replace free of charge any Goods which its examination confirms are defective provided:
- Customer makes a full inspection of the Goods immediately upon delivery;
- Customer notifies the Seller immediately of any defects which it discovers;
- Customer provides a proof of purchase;
- Customer has stored the Goods in a suitable environment and at the appropriate temperature; and
- Goods are either made available to the Seller for inspection or returned to the Seller in their original condition and packaging, as the Seller may request.
In no circumstances shall the Seller's liability to the Customer for any breach of warranty exceed the price paid for the Goods in respect of which the claim is made.
Except as provided for in these Terms there are no warranties, express or implied, of fitness for a particular purpose or of any other kind except as to title. In particular, all Terms and warranties which would otherwise be implied by statute or under common law are hereby excluded to the fullest extent permitted by law.
No refund, credit or replacement will be given for out of date Goods unless they are validly rejected for being out of date when delivered to the Customer.
Nothing in these Terms shall exclude or restrict 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) under or in connection with these Terms for any indirect, special or consequential loss or for any loss of anticipated profit or third party claims howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended used of the Goods, even if the Seller has been advised of the possibility of such potential loss.
16. Data Protection
The Customer consents to the processing by or on behalf of the Seller of personal data supplied by the Customer or held by the Seller for the purposes of administering the Customer's account and processing any orders. The Customer consents to the use of such personal data for direct marketing purposes. The Customer's statutory rights remain unaffected.