Terms and Conditions

Terms and Conditions 

TERMS AND CONDITIONS FOR ONLINE PURCHASE

General

In these terms and conditions and the Special Conditions (as defined below) (collectively referred to as the “Terms and Conditions”), "On Excel Wine" or “we” or “us” means On Excel Wine, a division of On Excel Fine Wines Limited and the "customer" or “you” means any person, firm, company or body which places an order with us. Please read these terms and conditions carefully before using the website or our mobile app (as the case may be) (collectively “our e-store”). By using the site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.

We shall make every effort to ensure that prices, details and sizes of products at our e-store 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.

We shall make every effort to ensure product(s) displayed at our e-store 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.

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.

Registration

You are required to register as a user before placing any order through our e-store. During the registration:

· You must provide us with accurate, complete and up to date registration information;

· You must safeguard your username and password;

· You authorise us to assume that any person using the e-store with your username and password is either you or is authorized to act for you;

· We have the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.

Please inform us via our website/by email/by phone immediately of any changes to the information that you provided so that we can communicate with you effectively.

In the event that your account is not used for a specified period (currently, 3 years), we will, for your own and our protection, deem your account to be no longer in use, and we will deactivate your account and all your accumulated points and/or e-vouchers will be forfeited (where applicable). You will need to reapply for a new account if you wish to make further purchase at our e-store.

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. Please refer to our Private Policy Statement.  

Payment

Our e-store accepts payment by designated credit cards, debit cards or other designated electronic means as specified by us. All product prices listed are in Hong Kong dollars. The prices listed in our e-store may differ from the prices of the same products in our physical shops. The applicable price shall be the price listed in our e-store as at the date of purchase.

Acceptance of orders is subject to our sole discretion. A final receipt will be issued to you when goods are delivered to your address, or goods are collected at our physical store (as the case may be).

Others

Basis of supply: we only serve and deliver 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.

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.

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.

The bottle label of the products listed in our e-store may differ depends on the revision of the production packaging requirements by the manufacturer (collectively referred to as "Winery"). We will make every effort to ensure the accuracy, reliability and completeness of the reference materials of the products listed in our e-store, and all the products information and materials provided in our e-store are for reference only. We reserve the right to change the information of the goods without prior notice.

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.

These Terms and Conditions embody the entire agreement between the parties and they supersede all previous negotiations, representations and agreement between the parties.

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.

If any dispute arises, our determination shall be final. Where these Terms and Conditions are available in Chinese, the Chinese version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

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.

SPECIAL CONDITIONS FOR ON EXCEL WINE (“SPECIAL CONDITIONS”)

These Special Conditions are supplemental to the Terms and Conditions for Online Purchase and are applicable to any orders placed under our e-store. Should there be any inconsistency between these Special Conditions and the above Terms and Conditions for Online Purchase, these Special Conditions prevail.

On Excel Wine’ payment terms

We accept Visa, MasterCard, Octopus, PayMe, WeChat Pay, Alipay and Bank Transfer(FPS) payment.

Note: When inputting card numbers please do not input space or dash.

Under Credit Card Purchase Protection service, e.g. Visa Verification Service, MasterCard Secure Code, customers can enjoy safe and secure shopping by using their own credit card with specific password or security code. Credit cards used for shopping should be valid and under the purchaser’s own name.

Where there are additional charges for delivery and/or installation, such charges will be set out separately for your acknowledgement and confirmation prior to proceeding to payment.

The price of the goods listed in our e-store will be based on the exchange rate of Hong Kong dollars (HKD) on the day when the order request is received, excluding the additional fees generated by transporting the products, value-added tax (VAT), consumption tax and Container Recycling Levies (if any).

Complete the order full payment on the invoice date through the payment method accepted by us. Any incomplete payment order will be regarded as an automatic abandonment of the order or a payment failure caused by the payment method you used or any other reason. We have the right to refuse to accept or cancel your order without notice.

On Excel Wine Cash Vouchers: On Excel Wine Cash Vouchers are not redeemable at our e-shop. Physical Cash Vouchers and eShop Digital Vouchers are non-returnable, non-refundable and non-transferable.

You must ensure that the cash coupons and gift certificates issued by the On Excel Wine are valid during the promotion period.

During the promotion period, On Excel Wine may change the number of coupons issued at its discretion.

If the customer makes a refund (whether in whole or in part) after the transaction in which the coupon and/or the voucher has been used, we reserve the right to withdraw or deduct the value of the coupon and/or the voucher from the refund.

If there are additional delivery and/or storage charges, these charges will be confirmed separately before payment.

You must arrange with us for delivery / collection of the ordered product(s) within 2 working days on the date of the order as accepted by us. If you fail to take delivery / collection within 2 working days, any payment received by us would be forfeited and could not be used for exchange for other products.

We may charge you related service charges for the losses caused by your neglect to collect/arrange delivery or refuse to pick up the goods within the specified time, and for the related expenses of taking care of and keeping the products.

Upon all occasions, you explicitly authorize us to collect the accumulated service charges. In the case of overdue collection of goods, you must pay the relevant service charges to successfully collect the goods; If the goods are picked up within the specified time, there will be no additional service charges (except the derived service charges).

The service charges are calculated by reference to time recorded our system.

Notification for ordering

Our e-store only accepts orders for delivery in Hong Kong to the specified billing address or designated physical store located in Hong Kong.

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 inform you and acknowledge receipt of your order. However, it does not confirm that we have accepted 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 payment issue), we will notify you by phone or email.

If your order is accepted by us, we will confirm with you accordingly and advise the date and time of delivery or availability for collection at a designated physical store. No change in quantities, prices, specifications, terms, or shipping instructions will be allowed except on written authority of the On Excel Wine (for example refuse to accept the order).

We reserve the right to refuse to perform any due and unpaid order and refuse to accept any order request from you. We shall not be liable to the customer or any third party whether in failure to provide the products or services occasioned by any due and unpaid order.

If you neglect to take delivery or refuse to take delivery within the specified time, this will be regarded as the right to cancel the contract, and we will charge you the corresponding and related fees.

In case any applicable gift items of your purchased products are not available, we will contact you accordingly. You may decide whether to accept another gift item, cancel the order or continue to purchase the products.

Delivery service (applicable if you have selected to have your order(s) delivered to a designated billing address)

You may enjoy free standard delivery service to your specified billing address for each purchase of HK$1000 or above (as specified under your invoice). Extra charge may apply if you select delivery at certain specified time slots.

When you purchase for an amount of less than HK$1000, you may enjoy delivery service to your billing address at additional charge specified by us.

Delivery service is only available at addresses located in Hong Kong Island, Kowloon, New Territories, Tung Chung, Discovery Bay and Ma Wan of Hong Kong Special Administrative Region. Should you have any inquiry about delivery, please feel free to contact our Customer Service Department.

Delivery service is not available at non-permanent address, frontier closed areas, outlaying islands, warehouse and premises which are not accessible by elevator or staircase and need to be delivered through balcony.

If no elevator service is available at the premises, we will additionally charge you a delivery fee for each floor except the ground floor. Regarding the charges of large products delivery and other additional charges, these shall be paid to the delivery staff directly. For details of the additional charges, please contact our customer service department for more details.

Delivery is available on Monday to Saturday (9:00am to 6:00pm), except Sunday and public holidays.

After your order has been accepted, we will confirm with you about the delivery time and date regarding delivery of the product(s). If payment was delayed due to bank approval process, delivery date will be adjusted accordingly. Before the arrival of the goods, you will receive a call notification from our courier. Please check whether all your ordered items are fully delivered against the invoice/delivery note (as the case may be), then write your name and sign and return the delivery note to our courier to confirm your acceptance of goods.

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.

You shall give no less than 48 hours' notice from 9:00am to 6:00pm (Sunday and public holiday excluded) to our Customer Service Department hotline or specified means via our e-store in respect of any request for change in delivery time, date and/or place, delivery of additional purchase, or change of purchased item.

Please note that in the event that installation is required for any item, such installation fee is not included in the delivery fee and will be charged separately.

If for security reason or any other reasons, our courier is not able to deliver the goods to the billing address as specified in your order and get your receipt confirmation, we may ask you to collect the goods from one of our stores and will not arrange any delivery.

Suppliers may charge a delivery fee for items delivered by them directly. Should you have any enquiry, please feel free to contact our Customer Service Department. In case of any dispute, our determination shall be final.

If you agree to authorize the representative to pick up the products you ordered or we deliver the products to the designated place, this will be regarded as your agreement that One Excel Wine has completed the product delivery according to the order.

If any dispute arises, our determination shall be final.

Store pickup service (applicable if you have selected to collect your order(s) at a designated physical store)

Please collect your purchased item(s) at your selected physical store within 2 days from the designated date of collection. If you fail to take delivery from the selected physical store within the specified time, the products will be automatically returned to the warehouse, and the order will be automatically cancelled and cannot be re-distributed. Please place a new order if necessary.

When you pick up the product in our physical store, you can pick up your order in person, or authorise a representative to pick up for you. When picking up your order, please present the order number in your email order confirmation to our staff and provide your original identity proof and account login name to verify your identity. If we are not satisfied that the person requesting to collect your order(s) is yourself or your authorised representative, we will refuse the collection of the order(s) in order to safeguard your interest.

Once the order is confirmed, you are not allowed to change the selected store for collection.

Once the order is confirmed, you are not allow to change the color or model of the selected product or to change to any other product except as agreed by us.

If your selected store is closed due to weather or any other uncontrollable factors, you may pick up the product in the same store on the next day when the store is opened.

After you pick up the item(s) purchased, you should verify the name of the item(s), gift(s) (if applicable) and the quantity of the item(s). You must then show the order number or contact number to store staff again, which will constitute your agreement that On Excel Wine has satisfactorily completed the delivery of the item(s) in accordance with the order placed.

Please be careful in storing the order number prior to picking up the item(s) purchased. On Excel Wine shall not be liable for any loss, damage or expense caused by or incidental to the loss or disclosure of the order number by customers to any third party.

The pick-up records of On Excel Wine shall prevail.

Exchange and refund

Under normal circumstances, we would not accept any request for exchange of products or cancellation of orders.

You are requested to examine the products immediately for any deficiencies and/or damages of their appearance and whether all accessories are included upon delivery or collection (as the case may be; including delivery or pick up). If it is the case, please contact our Customer Service Department our store staff within 7 days you receive your order, otherwise this will be regarded as the your agreement that On Excel Wine has completed the product delivery according to the order.

If we have agreed you are entitled to an exchange but the products to be exchanged are sold out, we will refund your payment.

Original sales receipt or relevant electronic receipt should be produced to us before product exchange is accepted.

We have the right to refuse to exchange a product on the ground of damage to its appearance or missing accessories once the delivery has been signed for. If any applicable gifts with purchase are damaged, we will replace them as soon as possible.

In the event that you find the size of the ordered product does not fit your requirement,

1. if it is before delivery, we may at its discretion change the product model or product brand for you;

2. if it is after delivery (and the package is unopened), subject to a payment by you of the price difference between the original and replacement products and a handling fee, being 30% of the original product’s purchase price, we may at its discretion arrange a change of product model or product brand for you;

3. if it is after delivery and the package of the product is opened, no replacement arrangements will be made.

Packing (including the recycling label where applicable), accessories, user guide and blank warranty card should be returned together with the product in good condition for exchange or refund.

The product to be returned should not be damaged, scratched, defaced or contain any trace of water damage.

No exchange would be made for product which has been registered on-line for warranty service or has undergone any repair.

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.

The rejected products must be presented to our staff/deliveryman in person when the goods are picked up/delivered, and our staff/deliveryman will automatically return the rejected products to the warehouse together with all the gifts attached at the time of purchase, otherwise, this will be regarded as the customer's consent that On Excel Wine has delivered the products according to the order.

In exceptional case where agreed with you, we will refund the amount you paid for the order to your relevant payment account which you applied to settle the payment or other means as agreed with you (Note: in case you agree to receive the refund via Octopus App, you will receive a notification via your Octopus App and you are required to collect the refund amount via your Octopus App or Octopus Service Points within the specified period). The refund process takes about 2-4 weeks.

About 7-day money back guarantee policy (“Policy”)

You or your authorised representative are required to examine the goods immediately for any deficiencies and/or damages to their appearance or whether all accessories are included upon delivery or collection (as the case may be).

We guarantee the exchange of product within 7 days you receive your order if the product fails to meet manufacturer's standards.

The product to be returned are required to be inspected by authorized dealer to confirm that product has indeed failed to meet the manufacturer’s standards. In such case, On Excel Wine shall have the right to require the product to be inspected at the authorized dealer’s service centre.

In case you are not satisfied with the product after proceeding to exchange as described under Clause 11.2 above, you may return such product to us and apply the amount paid to us to buy alternative product(s).

In exceptional case where agreed with you, we will refund the amount you paid for the order in accordance with Clause 10.15 above.

This Policy is only applicable to selected products, and it is not applicable to promotion products, coupons/cash vouchers/gift card products and products under non-refundable category.

This Policy is not applicable:

· to product which has been registered on-line for warranty service provided by the distribution agent or the manufacturer.

· product that has undergone any repair.

· where there is lack of evidence of purchase from us.

· where only the official receipt is available but not the product.

· for refund request based on personal preference only.

If products are under non-refundable category, we will not accept customer request for refund.

Others

According to the regulations in Part 5 of the Dutiable Commodities (Liquor) Regulations (Cap. 109B) (“the law” or “the legislation”), any person must not sell or supply intoxicating liquor, through face-to-face or remote distribution, to persons under the age of 18 (“minors”) in the course of business, or sell intoxicating liquor by vending machines.

Any person who buys or sells intoxicating liquor in a dishonest way or in any illegal way or obtains it through any channel may violate the laws of Hong Kong. We will reserve the right to pursue the matter through legal channels to investigate any violation of the above terms and any hacking or illegal interference with this website.  

We shall make every effort to maintain the service of our e-store, and thank all customers for their strongly supports. If you find that the prices of the products listed in our e-store are abnormal, system maintenance may cause system error to our e-store. If you have any queries, please contact our customer service department.

Title to the product shall remain vested in us until we receive full payment of the price, and risk shall pass to the customer upon delivery / collection of the product (as the case may be).

To be entitled to On Excel Wine’ specified term of warranty, wine products of the brands “On Excel Wine” shall be limited to domestic and personal use only.

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.

Prices charged for purchases on this website may be different from those charged in our stores.

Terms and Conditions for On Excel Wine Cash Coupon

Supplementary provisions:

Under these terms and conditions, eligible users can obtain cash voucher(s)/coupon(s) during the promotion period which can be collect in the user account on our e-store. 

The amount of cash voucher(s)/coupon(s) shall not exceed the assigned appropriate amount set by On Excel Wine as for these promotion activities on a first-come-first-served basis; and

the amount of cash voucher(s)/coupon(s) can obtain are depend on eligible users during the promotion activities; and

eligible user’s On Excel Wine user account has not been suspended or terminated.

Every voucher/coupon is subject to these terms and conditions.

If the eligible user fails to use the cash voucher(s)/coupon(s) within the validity period, the cash voucher(s)/coupon(s) will expire in the account of the eligible user. Expired cash voucher(s)/coupon(s) for specific activities may redistribute. It is the user's responsibility to check and update the On Excel Wine application regularly.

Customers are only allowed to use one (1) cash coupon in each eligible transaction. For the avoidance of doubt, if the On Excel Wine user holds more than one cash voucher(s)/coupon(s) that can be used for eligible transactions, the earliest cash voucher(s)/coupon(s) deposited/distributed to the corresponding On Excel Wine user account and with the earliest validity period will be automatically used for eligible transactions.

Other important terms to read before participating in these e-store activities. 

During the entire or relevant (as the case may be) promotion period, eligible users shall ensure their personal information are correct and valid before participating in such activities.

All remarks and footnotes in relevant promotional materials are drawn up and are indeed part of the terms and conditions of such activities. If there are any discrepancy between this information and these terms and conditions, these terms and conditions shall prevail.

In case of any dispute arising from this promotion, the final decision of us and/or the relevant participating merchants shall prevail.

We reserve the right to change these terms and conditions and terminate our activities at any time without prior notice. Please visit the On Excel Wine website to see the offer details. We are not responsible for any change or termination.

Cash voucher(s)/coupon(s) cannot be exchanged for cash/services, other commodities or discounts. Offer cannot be used together with any other discount (except On Excel Wine), promotion offer and discounted products/activities (unless otherwise specified). Please check with relevant participating merchants for details.

Eligible user who violates these terms and conditions, interferes with these activities, make abusive, acted fraudulently, corruptly or dishonestly, make false declaration or statement/representation or violate applicable laws or regulations, we reserve the right to cancel the qualification of eligible users and suspend these user accounts without prior notice. The offer may be revoked and we may charge for any losses caused.

These activities are subject to these terms and conditions and other terms and conditions stipulated by the participating merchants ("Merchant Terms and Conditions"). For the avoidance of doubt, if there is any discrepancy or inconsistency between these terms and conditions and the merchant's terms and conditions, the merchant's terms and conditions shall prevail. We and the participating merchants can change or terminate the offer or modify the terms and conditions without prior notice. For the latest content, availability, terms and conditions of the offer, please refer to the relevant website.

Eligible users are responsible for paying (themselves) all taxes, duties, levies or similar taxes involved in obtaining the relevant cash voucher(s)/coupon(s) in accordance with the law, and we are not responsible for this.

These activities are subject to the current regulatory requirements.

These activities are held in Hong Kong. These Terms and Conditions are governed by and interpreted in accordance with the laws of Hong Kong, and each eligible user agrees to accept the jurisdiction of the courts in Hong Kong.

Where these Terms and Conditions are available in Chinese, the Chinese version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

Last update date: 28 Jan 2024