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LANGTON'S EAST ASIA TERMS AND CONDITIONS

These are the terms and conditions for the use of the Website of Langton's and for the purchase of Goods from the Website or otherwise from Langton's.  By using the Website you agree that you have read and accept these terms and conditions.

 

1.     Terms

1.1.  The Website is a shopping website where you can browse and purchase wine products. These Terms govern all dealings with Langton's, including your use of this Website and orders and purchases made through the Website and are binding on all Customers and users of the Website.

1.2.  Langton's recommends that you carefully read these Terms before dealing with Langton's or using this Website to ensure you understand the basis on which you are dealing with Langton's. If you have any queries you should contact Langton's to discuss them. These Terms will be updated from time to time by Langton's and a copy posted on the Website.

 

2.     Definitions

2.1.  Business Day means a day excluding Saturdays, general holidays within the meaning of the General Holidays Ordinance (Cap 149), black rainstorm warning days within the meaning of section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1) and gale warning days within the meaning of Section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1);

2.2.  Customer means a party buying Goods through the Website or otherwise from Langton's.

2.3.  Confidential Informationmeans information that Langton's obtains about Registered Users including names, addresses, telephone and fax numbers, email addresses and dealings with Langton's.

2.4.  Goods means goods sold by Langton's including wine and spirits. Langton's means Langton's East Asia Limited (Company number 1800102).

2.5.  Registered User
 means a person who is a Registered User of this Website in accordance with clause 4.

2.6.  Services means any services offered by Langton's including the sale and purchase of Goods.

2.7.  Price means the price at which wine or spirits are for sale on the Website or otherwise.

2.8.  Terms means these terms and conditions as amended from time to time.

2.9.  Website means the Langton's website at www.langtons.com.hk as amended from time to time.

 

3.     Langton's Businesses

3.1.  Langton's operates the Website.

3.2.  Goods sold through the Website are sold by Langton's on its own behalf.

3.3.  Langton's may, in its absolute discretion, refuse a person participating in any sale through Langton's or the Website.

3.4.  Registered User

(a)   A Registered User is a person who has registered as a user through the Website or by phone.

(b)   Subject to clause 4(6) and clause 8, a Registered User receives full access to the Website, including buying from the Website and access to and use of a personalised online account.

(c)   Registered Users must provide accurate up-to-date information to Langton's. Registered User are provided with a user identification and password to access the Website and their account. Registered Users must keep this confidential for security purposes and must notify Langton's immediately of any unauthorised use or disclosure of their user identification and password.

(d)   By registering as Registered User authorises Langton's to assume that any person using the Website with that Registered User's user identification and password is that Registered User or is authorised to act for that Registered User.

(e)   Registered User rights under these Terms are personal and cannot be transferred to or used by another party.

(f)   Langton's may terminate a person's registration at any time at its absolute discretion by providing written notice to the person. Langton's has no obligation to provide reasons for termination.

 

4.     Customers

4.1.  A Customer may only purchase Goods from the Website if it is a Registered User.

4.2.  By registering as a Registered User the Customer warrants to Langton's that he/she is at least 18 years of age and has the legal capacity and ability to purchase alcoholic beverages. The Customer further warrants that he/she can make a legally binding contract with Langton's to purchase Goods.

4.3.  Prices are subject to change without notice and all purchases are subject to Langton's acceptance at its discretion and the stock availability of the Goods. If Langton's is unable to fulfill any purchase due to the unavailability of stock then Langton's will notify you by phone or email before the specified expected delivery date and time.

4.4.  All prices specified on the Website are in Hong Kong dollars and all payments must be made in Hong Kong dollars.

4.5.  Langton's will promptly deliver to the Customer an invoice for Goods sold via the Website. The invoice may be delivered via email. All Goods purchased by the Customer from the Website must be paid for at the point of sale by designated credit card via the third party credit card payment facility made available on the Website or via a bank transfer to Langton's nominated account as specified on the Website.

4.6.  Goods purchased via the Website will be shipped by Langton's (or its nominated delivery service provider) to the Customer after payment of the Price and any associated costs (unless otherwise specified in clause 6.

 

5.     Pick Up and Delivery

5.1.  Only selected Goods, as specified on the Website, may be picked up by the Customer (or the Customer's representative) from Langton's premises. Where pick up is available, Customers must advise Langton's through the Website at the time of purchase whether they wish to pick up the Goods or have them delivered.

5.2.  Except where Customers pick up the Goods (if available), Langton's will deliver the Goods to an address in Hong Kong specified by the Customer (Hong Kong Island, Kowloon, New Territories). Delivery fees are specified on the Website. Please contact Langton’s for other districts. International clients (including clients in Macau, Taiwan and Mainland China) must contact Langton's via telephone to make shipping and insurance arrangements.

5.3.  Unless the Customer specifies a later time at the time of purchase (which may not exceed two weeks from the time of purchase), all Goods must leave Langton's storage facilities (whether by pick up (where available) or by delivery) within two Business Days days of the date of the purchase.

5.4.  Risk in the Goods shall remain with Langton's until they are picked up by the Customer (or its representative) or delivered to the address specified by the Customer at the time of purchase.

5.5.  Langton's will replace the goods or refund the Customer (at Langton's option) for the value (based on, and not more than, the Price paid for the Goods) of Goods lost or damaged during delivery from Langton's storage facilities to the Customer's address. The refund will only be payable upon Langton's receiving satisfactory proof of the loss or damage. If requested, the Customer must promptly return damaged Goods to Langton's and provide such other information as Langton's may reasonably request to assess the loss or damage.

5.6.  While Langton's will endeavor to make prompt delivery without compromising the condition of the wine, Langton's shall not be liable for any loss arising from the Customer failing to provide Langton's with a correct address and delivery details, or for Langton's otherwise delivering in accordance with the Customer's instructions (such as leaving the wine outside unattended premises).

 

6.     Customer Default

6.1.  If a Customer fails to pay for any Goods (and any associated charges) within 30 days of the date of purchase, Langton's shall, without further notice to the Customer, and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies:

(a)   seek recovery from the Customer for the cost of the Goods, interest costs, expenses and damages for breach of contract;

(b)   rescind the sale of those Goods;

(c)   store the Goods or cause them to be stored, whether at its own premises or elsewhere, at the sole expense of the Customer and release the Goods only after payment in full of the amount of the Price, the accrued cost of removal, storage and insurance and all other costs incurred in connection with the Goods;

(d)   charge the Customer interest on the Price and any associated charges at the rate of 2% above the 90 day Hong Kong Interbank offer Rate for each day that the Price and any associated charges remains unpaid for more than 30 days from date of the date of purchase;

(e)   retain that and any other Goods sold to the Customer and release the same only after payment of the full amount of the Price and any associated charges; and

(f)   set off any amount due or becoming due to the Customer against settlement of the full amount of the Price and costs and expenses and Langton's shall be entitled to a lien on any property of the Customer which is in Langton's' possession until all monies owing to Langton's by the Customer have been paid in full.

 

7.     Registered User's Default

7.1.  If Langton's considers that a Registered User has or may have breached these Terms, without further notice to the Registered User and at its absolute discretion, Langton's may immediately suspend his/her registration including the right to buy from the Website.

 

8.     Warranties – Goods purchased in the Website or otherwise from Langton's

8.1.  Goods purchased in the Website or otherwise from Langton's come with guarantees, conditions or warranties that cannot be excluded under the Sale of Goods Ordinance (Chapter 26 of the Laws of Hong Kong). Customers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Customers are also entitled to have the Goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.2.  Where a failure does not amount to a major failure, Langton's are entitled to choose between providing the Customer with a repair, replacement or refund.

8.3.  To obtain compensation, Customers should provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of a failure by Langton's to comply with a guarantee, conditions or warranty under the Sale of Goods Ordinance. Such evidence may include photographs, statutory declarations, receipts or reports (e.g. from the Customer's doctor), depending on nature of the loss or damage.

8.4.  The relevant time period during which a Customer may make a claim can vary from product to product, depending on factors such as the nature of the product and the price. As such, the type of remedy we will offer Customers may vary depending on the age and history of the Goods and how long it takes the Customer to return the Goods to us. At Langton's, we will always take a fair and reasonable approach.

 

9.     Langton's Undertaking

9.1.  In addition to a Customer's rights under the Sale of Goods Ordinance, if within 28 days of the date of dispatch from Langton's premises of any Goods:

(a)   Langton's receives notice in writing from a Customer of any Goods that in his/her view the Goods were at the time of the sale short or ullaged and the Goods were not so described on the Website; and

(b)   within fourteen days of such notice, the Goods are returned to Langton's in the same condition (as reasonably determined by Langton's) as at the date of the purchase; and

(c)   the Customer satisfies Langton's that the Goods (as applicable) were not correctly described as specified in paragraph (a) and the Customer is able to transfer good title to the Goods, if Langton's is satisfied that the product is materially different to the description, Langton's may set aside the sale and either replace or refund to the Customer (at Langton's discretion) the amount paid by the Customer in respect of the Goods.

(d)   These undertakings do not apply to wines which are older than 15 years.

(e)   A Customer shall not be entitled to claim under clause 20 for more than the amount paid by him/her for the Goods and, in particular, shall have no claim for any other loss or damage, whether direct or indirect, suffered by him/her.

 

10.     Limitation

10.1.  Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Sale of Goods Ordinance or any implied warranties under any other Laws of Hong Kong, or Langton's liabilities under those provisions:

(a)      Langton's excludes all other guarantees and implied terms and warranties relating to the Website or the subject matter of these Terms; and

(b)      to the extent permitted by law, Langton's will not be liable for indirect or consequential loss arising from or connected to the Website or these Terms, whether in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of Langton's own negligence or willful misconduct.

10.2.  To the extent permitted by law, Langton's liability for loss or damage of any kind arising out of the Website or these Terms or in connection with the relationship established by it is reduced to the extent (if any) that the Registered User causes or contributes to the loss or damage. This reduction applies whether Langton's liability is in contract, tort (including negligence), under any statute or otherwise.

 

11.     Website

11.1.  Langton's, like all online businesses, is dependent on third parties for its infrastructure and services. Langton's therefore gives no warranty that continuous access to the Website will be available at all times.

11.2.  While every effort will be made to rectify the services under Langton's control and the services controlled by Langton's third party suppliers in a timely manner, Langton's takes no responsibility for any losses incurred as a result of being unable to access the Website.

 

12.     Privacy

12.1.  Our Privacy Policy forms part of the Terms. It is available separately and can be read by clicking 'Terms & Privacy' located on the bottom margin of the Website (adjacent to Terms & Conditions).

12.2.  Langton's may use personal information a Registered User has provided to send the Registered User information about Langton's products and services (including via electronic means), and may disclose the information to its related bodies corporate, agencies and contractors (including call centers, advertising agencies and direct mail houses) that Langton's engages for that purpose. Langton's will only do so in accordance with its Privacy Policy.

 

13.     Governing Law

13.1.  These Terms and any contract including them shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and each Registered User and Langton's agree to submit to the exclusive jurisdiction of the courts of Hong Kong.

 

14.     Changes to Terms and Conditions

14.1.  Langton's reserves the right to change, suspend or terminate these Terms at any time. Langton's will give advance notice of any such circumstance on our Website. Where Langton's changes their Terms, an updated copy of them will be available on our Website or by telephoning our Call Centre.  Continuing to use the Website or transacting with Langton's after the period of advance notice has expired will be deemed acceptance of the amended Terms.

 

15.     General

15.1.  The singular shall include the plural and vice versa, words importing any gender shall include every other gender, and where there is more than one party comprising Registered User, they shall be bound jointly and severally.

15.2.  The words include, including, for example or such as are not to be interpreted as words of limitation, and when such words introduce an example, they do not limit the meaning of the words to which the example relates, or to examples of a similar kind.

15.3.  All communications shall be by notice in writing and sent to Langton's and the Registered User at their addresses, facsimile numbers and email addresses as advised from time to time. A notice shall be deemed received when the sender hand delivers it or (if by fax or email) the receiver receives confirmation of receipt and in any event within 24 hours of sending the notice.

15.4.  No waiver or failure or delay to act by Langton's in respect to any default on the part of Registered User in the performance of these terms and conditions shall prevent actioning that or any other default by the Registered User.
 

If any provision of these Terms is deemed to be unlawful or unenforceable it is to be severed from these Terms and all other remaining provisions remain in force.

Last updated: 20 June 2016