I. About these Terms
These terms and conditions (these “Terms”) apply to and form part of every contract between Vinum Taiwan Private Limited for purchases of wine and storage services made by private Clients (“the Client”, “you” or “your”) on our website or by telephone or e-mail.
These Terms are set out in the Sections of:
– Section 1 – General Terms
No terms and/or conditions which the Client may seek to impose, or which may be implied by trade, custom, practice or course of dealing shall apply. If you are a trade Client, please note that our Trade Terms will apply.
We reserve the right to alter these Terms at any time. Any changes will take effect when posted on our website.
Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
II. About us
Vinum Taiwan Limited is a company registered in Taiwan (Unified Business Number 53519257) whose registered office address is at Floor 12-1, No. 201, Section 2, Keelung Rd, Xinyi District, Taipei City, 11052. Taiwan ROC. 台北市信義區基隆路二段201號12樓之1. (hereinafter “Vinum Taiwan Pte. Ltd.”, “Vinum Fine Wines”, “we”, “us” or “our”).
III. Contacting Us
You may contact us by telephoning us on +886 2 8773 2842, by email to [email protected] or by post to Vinum Taiwan Limited, Floor 12-1, No.201, Section 2, Keelung Rd, Xinyi District, Taipei City, 11052. Taiwan ROC. 台北市信義區基隆路二段201號12樓之1
IV. Maintaining your contact details
It is important that we keep all your contact details up to date. Please notify us (using any of our above contact details) if you change your name, address, email address or telephone number. For security, we may contact you to confirm your change of details.
Section 1 – GENERAL TERMS
1.1 Case – a case containing 12 x standard 75cl bottles or an equivalent volume (9 litres) of wine in other bottle sizes.
1.2 Contract – the agreement between you (Client) and us (Vinum Fine Wines) for the sale and purchase of the Goods and Services, including these Terms and any Order Confirmation.
1.3 Duty Paid (DP) – wine in respect of which any applicable Taiwan customs excise duty and prevailing VAT have been paid. DP Wine is wine that we sell to you Duty Paid.
1.4 Goods – the wine and/or spirit that we sell to you under the Contract (DP Wine).
1.5 Order Confirmation – our written confirmation of the Order, whether in Sales Order or Tax Invoice.
1.6 Order – your order for the Goods and Services.
2. Our Contract with You
2.1 These Terms and the Order Confirmation together set out the whole Contract between the Client and Vinum Fine Wines. If any of these Terms are inconsistent with any term of the Order Confirmation, then the Order Confirmation shall prevail.
2.2 In the case of DP Wine, a contract for the sale and purchase of Wine on these Terms shall become binding on you and us when we send you the Order Confirmation.
For EP Wine specific Terms apply. Please see Section 2 below.
2.3 You must check that the Order Confirmation is complete and accurate and inform us immediately of any discrepancy as we will not be responsible for any errors in your order.
2.4 If you place an order on behalf of someone else, you confirm to us that you have all necessary authority to do so. You must not impersonate any other person or use a false name or a name that you are not authorised to use. We may require confirmation from the account holder of your authority, which may include limits on your purchasing authority.
3. Purchase and availability of goods
3.1 It is an offence to purchase alcohol if you are under the age of 18 or for someone else who is under that age. By placing an order, you confirm that you are aged 18 years or over. We reserve the right not to sell or deliver any wine to anyone who is, or appears to be, under the required age.
3.2 All Goods are offered subject to availability.
3.3 In the case of DP Wine we will only issue the Order Confirmation if the Goods are in stock or on order from our supplier. It occasionally happens that wine is or becomes unavailable for reasons outside our control. If this happens, we will inform you if this means that delivery of any of the Goods will be delayed or has become impossible. In the latter event:
3.3.1 we will do our best to offer you an acceptable substitute for the same or a lower price which you can choose to accept or reject;
3.3.2 we shall otherwise have no legal responsibility to you other than to make a refund or credit as appropriate.
4. Price of the Goods
4.1 The current list prices of the Goods we offer, details of our charges for delivery, and the current rates of any applicable TAIWAN customs duty, excise duty and VAT are published on our website. If a product is not listed, please contact us to check its availability and price.
4.2 In the case of DP Wine, the Contract price of the Goods, inclusive of any applicable Taiwan customs duty, excise duty and VAT payable and any applicable delivery charges, will be as set out in the Order Confirmation.
4.3 Unless otherwise stated in the Order Confirmation, prices stated are per Bottle or per Case.
4.4 We reserve the right to change our prices. In the case of DP Wine, no such changes will affect orders in respect of which we have already issued an Order Confirmation, provided that delivery charges and any applicable TAIWAN customs duty, excise duty and VAT on DP Wine will be charged at the rates prevailing on the date of our invoice.
4.5 The price may change if the Goods are subject to any taxes, duties or delivery charges applied in the country you have selected for delivery. The current TAIWAN Duty Rates are inclusive of 5% VAT.
4.5.1 Our storage charge applies for goods that have not been collected/delivered within one month for local clients of availability. Delivery over TWD 12,000 within Taiwan will be free of charge. Delivery below TWD 12,000, a delivery charge of TWD 250 per address will apply, Mondays to Saturdays, excluding Public Holidays.
4.5.2 Prevailing VAT is applicable to both delivery and duty charges.
4.5.3 Prevailing VAT and Duty are applicable at the prevailing rate at the time of release.
4.6 We use all reasonable efforts to ensure that the prices shown on our website are accurate. However, errors may sometimes occur. If we discover an error in the price of a product, we shall be under no obligation to accept or fulfil an order at the incorrect price and reserve the right to cancel the order even after we have issued an Order Confirmation.
5. Payment methods
5.1 Our standard policy is to process payment at the time of ordering. If we cannot supply you with the Goods that you ordered but you have already paid for them we will refund you as soon as possible and in any event within 30 days.
5.2 Our preferred method of payment, excluding online transactions, is a bank transfer. We accept ‘PayNow’, an online fund transfer service as a method of payment. We also accept cash, most major credit and debit cards including Visa, Mastercard, JCB although we do not accept Amex. Please allow three working days for bank transfers to clear.
5.2.1 Our Bank Details:
– Account Name : VINUM TAIWAN PRIVATE LIMITED
– Bank Name : UNION BANK OF TAIWAN 忠孝分行
– Bank Address : Union Bank Of Taiwan Chunghsiao Branch
2F., No.5, Lane 223, Sec. 4, Jhongsiao E. Rd., Da-an District,
Taipei City 106, Taiwan (R.O.C.)
– Account Number : 050100002691 Swift Code : UBOTTWTP
– Bank Code : 803 Branch Code : 026
5.2.2 Our Bank Details:
– Account Name : VINUM TAIWAN PRIVATE LIMITED
– Bank Name : UNITED OVERSEAS BANK LIMITED 大華銀行有限公司
– Bank Address : 30F, Cathay Landmark, No. 68, Sec. 5, Zhongxiao E. Rd.,
: Taipei City 110, Taiwan
– Account Number : 011-300-056-1 Swift Code : UOVBTWTP
5.3 When ordering over the phone, it is important that you quote your Client number or code and Order Confirmation number(s) when making a payment to ensure that the payment can be easily identified and applied to your account.
6. Delivery of DP Wine
6.1 We will make every effort to deliver the Goods to you within three working days of the date of our Order Confirmation if you are located in Taiwan island. In the event of any unforeseen delay outside of our control, we will inform you of the delay, the reason for it, and of the revised estimated delivery date in writing or by telephone. This will not affect your right to cancel the Contract.
6.2 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may elect to deliver it in instalments. We will not make any additional delivery charges for this. If you ask us to deliver the Order in instalments, we may apply additional delivery charges for each instalment.
Each instalment shall be subject to these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
6.3 If a scheduled delivery fails to arrive by the latest estimated date, please advise us by telephone or in writing as soon as reasonably possible and in any event within seven (7) days of the estimated delivery date.
6.4 Delivery of DP Wine will be completed when we deliver that DP Wine to you or in accordance with your instructions at the delivery address stated in the Order Confirmation. You may be asked to provide our driver with a form of ID (passport or photocard driving licence).
6.5 If nobody is available to take delivery, please contact us in advance to make alternate arrangements. We will make two attempts to complete delivery, after which any further attempt must be arranged and paid for by you.
6.6 We will not be responsible for any loss you suffer as a result of your instruction to us to deliver DP Wine to a different address to that is stated in the Delivery Order Confirmation.
6.7 For details of our delivery charges (including VAT), we will levy TWD 250 per 9 litres for every address within Taipei City.
7. Order Cancellation
7.1 You may not cancel your Order after which you received the Goods.
7.2 You may not return or exchange your Order after which you received the Goods unless the Goods have been delivered to you in error; (refer to Clause 9)
7.2.1 In the case of any errors caused by us or a third-party agent, we will bear the cost of arranging a new delivery or collection of the Goods at the same delivery address within the next five (05) working days;
7.2.2 The Goods must be returned in substantially the same condition in which they were delivered, with bottles or cases unopened and all seals intact;
7.2.3 In the case of broken bottle, we will only accept an immediate notice upon delivery. Please contact us using the contact details at the top of these Terms and supply evidence according to the incident. You may refer to Clause 9 and sub-clauses under 9.1 to 9.6.
7.2.4 Upon verification, we will make the refund using the same means of payment as you used for the initial purchase, unless you have expressly agreed otherwise; in any event, you will not incur any fees if it was a result of the refund.
8. Title and risk
8.1 In the case of DP Wine, the Goods will be your responsibility from completion of delivery.
8.2 Ownership will only pass to you when we receive payment in full of all sums due in respect of the Goods, and any other goods or services that we have supplied to you.
8.3 If any sum is outstanding to us, we reserve the right to suspend or withhold any delivery or self-collection.
8.4 Where any invoice is outstanding for more than 30 days, we may send you a notice in writing to the invoice address to either:
a) treat the order as cancelled; or
b) purchase the wines which are covered by the invoice and are in our possession in accordance with clause 5.
9. Acceptance of Wine and Quality Control
9.1 It is your responsibility to check the Goods on or as soon as reasonably possible after their delivery to you.
9.2 Any broken, damaged, missing or incorrect Goods should be:
9.2.1 reported to the carrier and noted on the delivery note and/or the carrier’s electronic handheld device at the time of delivery; or, if that is not possible,
9.2.2 reported to us by telephone or in writing (using any of our above contact details) as soon as reasonably possible.
9.3 We shall be entitled to reject any claim for broken or damaged Goods, incorrect quantities or incorrect Goods if you do not notify us of it as soon as reasonably possible and within three (3) days after the day of delivery at the latest.
9.4 Vinum makes every effort to ensure that the wines we sell to you are of satisfactory quality and appropriate for the age of the wine.
9.5 As wines may age and develop in a non-uniform manner, we will not have any responsibility for subjective judgements such as in respect of quality or drinkability. We do not provide refunds for wines that are corked or otherwise out of condition and older wines are therefore sold as seen.
9.6 If any of the Goods are believed to be unsatisfactory, please retain them and let us know as soon as reasonably possible by telephone or in writing (using any of our above contact details).
9.7 If we are satisfied that the Goods were unsatisfactory at the time of delivery, we will replace them.
9.8 If replacement is not reasonably possible, we will make an appropriate refund or credit to you. We reserve the right to collect the relevant Goods at our own expense.
9.9 These Terms will apply to any replacement Goods we supply to you.
10. Our legal responsibility to you
10.1 If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
10.2 We do not exclude or limit in any way our legal responsibility to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods.
10.3 Due to the nature of the Goods, we shall have no legal responsibility to you for any fault or deterioration in any DP Wine we sell to you which arises, after its delivery to you, as a result of fair wear and tear, wilful damage, accident, negligence by you or any third party, or from your handling or storing the Goods inappropriately.
10.4 We are not liable for business losses. We only supply the Goods for your domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no legal responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5 In entering the Contract, you have not relied on any statements or representations made orally or otherwise which are not included in these Terms.
10.6 We will not be responsible to you for any delay or failure to comply with our obligations under this Contract if the delay or failure arises from any cause beyond our reasonable control.
11. Data protection
11.2 It is important that we keep all your contact details up to date. You must tell us (using any of our above contact details) if you change your name, address, email address or telephone/mobile number. For security, we may then contact you to confirm your change of details.
12. Other important terms
12.1 You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
12.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 This Contract shall be binding on, and enure to the benefit of, the parties and their respective personal representatives, successors and permitted assigns, and references to the Client or Vinum Fine Wines shall include that party’s personal representatives, successors and permitted assigns.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods or PR Services, we can still require you to make the payment at a later date.
12.6 Where the Client is two or more persons your obligations under the Contract shall be obligations of each of you jointly and separately.
12.7 In these Terms, a reference to writing or written includes email.
12.8 These Terms are governed by the law of Taiwan (ROC) and Parties agree to submit to the exclusive jurisdiction of the Constitution Court of Taiwan.
Last updated: October 2023