Terms & Conditions

Please read our Terms & Conditions carefully before placing your order with Aroma of Wine Pte Limited, and retain a copy of these, together with your order for future reference.

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 the sale and purchase of 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 may be revised from time to time by the Seller, 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 as to 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, and these Terms 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, subject to the availability of Goods, accepts orders at the time of delivery. Substitutions for out-of-stock items will only be made with the Customer's agreement.
  
  Prices and Contract

• Unless otherwise specified, prices quoted on the website, App, and associated price lists are subject to change by the Seller without prior notice. Please refer to the Seller's latest price list on the Seller's App or visit the Seller's website for the latest prices of Goods.
• Unless otherwise specified, all prices are shown in SGD and cannot be paid in other currencies unless agreed by the Seller. 
  For customer's guidance only, and statements therein shall 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.
• All orders placed by the Customer represent a binding contract that is not subjected to amendment or cancellation. When the order is completed, the risks and benefits of the inventory title are passed on to 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 - being the invoice date plus the payment terms (unless otherwise agreed in writing).
• The Seller reserves the right to require advance or immediate payment for the Goods when a Customer places an order. 
• 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 itemizes 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 for the account of the Seller.
• Payment of the amount owing shall be made in full by the Customer 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 acceptance by the Seller 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 use reasonable endeavours to contact the Customer to arrange for replacement or full refund.
• The Customer acknowledges that vintages and bottle size(s) of all wines are subject to availability and the final confirmation of the Seller.

 EnPrimeur' Orders

1.  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

6.3.1.         Delivery of wine products purchased 'En Primeur' will be made within three (3) years from the date such wine products are offered for sale.

6.3.2.         Delivery will be made upon Customer’s instruction when the wine products are available from the Seller's relevant supplier

6.3.3.         Upon Customer's request, the Seller will use reasonable endeavours to provide banker’s guarantee to the Customer in respect of the amount paid relating to the 'EnPrimeur' purchase.

6.3.4.         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.

6.3.5.         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 costs, expenses, and risks of the Customer. 

6.3.6.         Delivery will only be made upon full payment of all amounts owing to the Seller.

6.4. Availability

6.4.1.         Stock of certain wine products purchased 'En Primeur' may require allocation, subjected to demand. In such cases, the Seller reserves the right to assign the stock amongst its Customers in such proportions as it deems fit. 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.

6.5. Cancellation

6.5.1.          Due to the unique nature of 'EnPrimeur' sales, cancellation of 'EnPrimeur' orders by the Customer will not be accepted. The Seller will also refund any deposit paid by the Customer in the case of any cancellation.

6.5.2.          If the cancellation is the fault of the Seller, the Customer may receive a replacement of Goods or full refund.

6.6. Storage

6.6.1.         Wine products purchased 'En Primeur' may be stored in bulk in the region of their production. Until such products are bottled and transferred to the Seller, they cannot be segregated. 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.

6.6.2.         Free storage will be offered for the first three (3) months upon the Seller sending a notice of final invoicing (Duty and taxes) to the Customer. 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 ready 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.

6.7. Insurance and Ownership

6.7.1.         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”.

6.7.2.         All wine products purchased by 'EnPrimeur' remain the Seller's property until the Seller receives full payment.

6.8. Disputes

6.8.1.         In the case of any disputes, the Seller reserves the right of final decisions on all matters. In case the Customer has already placed the order, the delivery process will go on. However, there will be no refund should a dispute arises between Customer and the Seller after the goods have already been ordered and paid for in part or in full.

7.    Delivery

7.1. 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. Seller will not be responsible for any reverse logistics resulting from a delivery made to the address stated in the orders.

7.2. Delivery for purchases more than SGD300 is free of charge within Singapore (for one location).

7.3. Additional charges will be payable by the Customer for deliveries to addresses where lift access is not possible.

7.4. 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.

7.5. Any indication of when Goods will be available for delivery or collection is estimated only 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.

7.6. Delay due to circumstances outside of Seller's control shall not entitle the Customer to cancel any order or refuse to accept delivery.

7.7. 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.

8.    International Shipping

8.1.  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 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 the confiscation of the Customer's wine shipment. 

8.2. 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 their arrangements for duties payment, hire import brokers, or other expenses and services required to ensure their wine's prompt processing through 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.

8.3. 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.

8.4. The Customer must inspect all goods upon receipt and notify the Seller or the carrier about any shortage, damage or other deficiencies.

8.5. Customer will be deemed to have accepted Goods as satisfactory upon receipt of the Goods and will not be entitled to reject the Goods thereafter.

9.    Cellar and Storage of Wines

9.1. 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.

9.2. The Seller will notify the Customer of any changes to storage rates or storage location no less than thirty (30) day before the date of storage by writing.

9.3. 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.

9.4. 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 delivery to the Customer. 

9.5. Outstanding amount owing unsettled by the Customer for more than six (6) months renders Seller the right to sell some or all of the Customer’s Goods in storage to offset the amount. Balance (if any) amount after offsetting the amount owing shall be returned to the Customer.

10.  Force Majeure

10.1.     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.

11.  Description/Quality

11.1.     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:

11.1.1.   The original cork was put back in the opened Corked Wine with at       least 2/3 of the bottle's content upon return.

11.1.2.   The value of the wine does not exceed SGD150 per bottle, or the         vintage of the wine is less than ten years old;

11.1.3.   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.

11.2.     Seller is not obliged to deliver any replacement of the Goods to an overseas address.

11.3.     It is expected that the quality/condition of the product may differ slightly from its description.

12. Jurisdiction

12.1.     All contracts are made under Singapore Law, and are subject to the exclusive jurisdiction of Singapore's courts.

13. Limitation of Liability

13.1.     Seller shall not be for ullages. Seller is also excluded from any claims in respect to the deterioration in the condition of any wine products (which is natural).

13.2.     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:

13.2.1.   any economic losses (including but not limited to loss of profit, revenue, anticipated savings, business or Contract); or

13.2.2.   any loss of goodwill or reputation; or

13.2.3.   all direct, indirect, and consequential loss.

13.3.     The sole liability of Seller 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.

13.4.     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.

14. Returns

14.1.     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).

14.2.     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.

14.3.     Seller will be under no obligation to offer replacements or offer other compensations, if Customer perceives a product to be out of state for consumption. Seller cannot guarantee that Goods will always show at their best.

14.4.     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.

14.5.     Seller will not accept returns for any wines should they be corked, tainted, or fatigued in any way.

14.6.     It is recommended that older wines be given appropriate time for preparation before opening. It is also highly recommend for Customers to request for high-resolution photo in advance should Customers doubt the quality of higher value Goods.

15. Warranty

15.1.     Seller warrants that the Goods will correspond to any description given in its Website and be of satisfactory quality.

15.2.     Seller assures that the Goods will comply with all applicable legislation governing the Goods' sale.

15.3.     In no circumstances shall the Seller be liable to claims exceeding to the price paid for the Goods.

15.4.     Except as provided for in these Terms, there is no implied condition or warranty about the quality or fitness for the Goods sold under this Contract.

15.5.     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.

16. Failure to Comply

16.1.     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 be without prejudice exercise all or any of the following rights:

16.1.1.   Delay delivery of any Goods until the matter is resolved to the Seller's satisfaction

16.1.2.   Suspend or cancel (in whole or part) any delivery

16.1.3.   Exercise a lien over or sell some or all of the Goods

16.1.4.   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 non-performance by the Customer.

16.1.5.   By notice to the Customer, require that all the Customer's indebtedness to the Seller, whether or not due, to be paid immediately

17. General

17.1.     Nothing in these Terms shall exclude or restrict the Seller's liability for death or personal injury resulting from the Seller's negligence.

17.2.     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).

17.3.     Seller is not responsible (under or in connection with these Terms) for any indirect, special, or consequential loss or for any loss of anticipated profit.

17.4.     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.

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