I. General provisions
1. Maintenance of the Website
The manager of the present “www.tokaji.cn” website is the Service Provider, who provides the services specified in the Contract Terms and Conditions.
These Services are provided by ASIASMARTER LTD (FLAT / ROOM 12 BLK A 13/F HOI LUEN IND. CNTR 55 HOI YUEN RD KWUN TONG, KOWLOON, HONG KONG ; e-mail: [email protected]
tokaji.cn ; Tel: +852 3590 9778; hereinafter referred as "Service Provider")
2. The Buyer
The buyer is any business entity or private person who buys any product sold through the website.
3. Effect and modification of the Terms and Conditions of this Contract
The effect of this Contract Terms and Conditions covers the services provided by Service Provider specified on website www.
tokaji.cn (hereinafter: "Website") and his data management.
The Contract Terms and Conditions shall govern the legal relationship between the Service Provider and the Buyer.
The Website and the Services found on the Website may contain links to third-party websites or such other third-party related services, sales activities, advertisements, promotions, or other campaigns which are not owned or controlled by the Service Provider. Unless otherwise expressly stipulated, the Service Provider assumes no responsibility for the content, terms and conditions or practices of any third-party websites.
Service Provider reserves the right of modification of the Contract Terms and Conditions. Service Provider will modify Contract Terms and Conditions in the following cases:
- If the changes of the legislative environment render it indispensable;
- If circumstances beyond the person of the Service Provider render the changes indispensable;
- If the demands of Buyers or Buyers render the changes indispensable;
- If the changes become necessary in the interest of the extension of the efficiency of the service providing;
- If the successful and economic service providing absolutely requires modification.
The Service Provider will inform the Buyer about any and all modifications prior to the amendments entering into effect. The Service Provider will publish the modified terms of the Contract Terms and Conditions on the Website and the modifications shall be operative after such publication.
4. Authoritative law and jurisdiction
Service Provider is a business company registered in Hong Kong, who performs its activity first of all under the effect of the legal rules in force in Hong Kong. The Contract Terms and Conditions shall be governed by Hong Kong law. Buyers who choose to access this Website and use its Services are responsible for compliance with all local laws, rules and regulations.
5. Detailed description of the service providing
The Service Provider hosts an online shop on the Website offering wines.
II. Data Management
1. General rules
The Service Provider collects and manages publicly available data on business companies. Other data are managed only if the data subject provided the data (e.g. registration).
The beneficiary (obligee) of the data relating to Buyer, as business company, is the Buyer. The data of the natural persons employed by the Buyer or acting in the sphere of interest of the Buyer are personal-type data, which the data-subject is entitled first of all to dispose of.
The title of data management is the voluntary consent given by the holder of data. By means of the use of the Website and the registration the Buyer accept these Contract Terms and Conditions and expressly consent to the fact that their specified data be managed in accordance with the present Contract Terms and Conditions.
If the Buyer specifies the data of a natural person other than the Buyer, the Buyer shall obtain the consent of the affected person except if this consent is not needed due to a legal rule. In case of the communication of the data of a natural person the Buyer will be liable that such data be communicated lawfully. Buyer will make sure that the affected persons are informed about data management.
Since the Buyer enters - by means of the registration and the acceptance of the present Contract Terms and Conditions - into a legal relationship with Service Provider, the prevailing legal rules are authoritative also for data management.
The objective of the data management is the identification of the Buyer and the provision of services as well as the analysis, development of the Website.
Buyers can register on the Website by providing the data required by the Service Provider. A condition of the registration is that the Buyer accepts the present Contract Terms and Conditions.
The primary purpose of the management of data given in the course of registration is the identification of the Buyer and the maintenance of contacts with the Buyer.
3. Data management for advertisement purposes
The Service Provider is entitled to use the address specified by Buyer (e-mail address, postal address, phone number, or any other identification data for contact purposes) for the purposes of sending the Buyer, newsletters or advertising letters in connection with the Service Provider, or the activities of Service Provider, or the products distributed or sold by the Service Provider or the Services provided by the Service Provider. The Buyers accept that the Service Provider uses the data collected in the course of the Buyer’s use of the Website for advertisement purposes so that the Service Provider may send offers to the Buyer, those which are specifically tailored to the Buyer’s behavioral patterns on the Website.
4. Duration of data management
Service Provider erases the data received in following cases:
- the data management is against the law, or a legal rule orders cancellation;
- if requested by Buyer;
- the data are deficient or erroneous, which makes use impossible;
- the purpose of data managements ceases;
- if ordered by an authority or the court.
With the exception of the Buyer’s public data or data managed on the basis of a legal rule Buyer is free to ask for the cancellation of his data. The cancellation of the data necessary for registration results the cancellation of the registration itself.
1. General rules of shopping
It is the Service Provider's obligation to provide services at the highest possible level in accordance with general professional expectations. The Service Provider does not guarantee that all products listed on the Website are available for order and delivery. Buyer is obliged to pay the products which can be ordered and delivered.
The Service Provider reserves the right to engage the services of a mediator for his services on a permanent or an 'ad hoc' basis.
2. Conclusion of the contract
A legally binding agreement shall be concluded after the completion of the registration process (the “Agreement”). For registration, the Buyer shall provide the data required by the Service Provider in the registration sheet. The Buyer shall be bound to accept the Contract Terms and Conditions in order to complete the registration.
By accepting the Contract Terms and Conditions, the Buyer acknowledges and accepts that it has read and is aware of the terms and conditions herein set forth and shall use the Services and the Website in accordance with the Contract Terms and Conditions.
3. Termination of the Agreement
The parties have the right to terminate the Agreement at any time by mutual consent.
The Buyer has the right to terminate this Agreement at any time with immediate effect. In such circumstances, the Service Provider shall delete the Buyer’s data except for those available in the public domain. The Buyer is obliged to pay the price of products and services ordered before termination, even if the Service Provider did not deliver the products.
The Service Provider is entitled to terminate this Agreement with a notice period of 30 days without cause.
In case of any serious breach of the terms of this Agreement by any party, the other party shall be entitled to terminate it for cause with immediate effect. Right of termination of this Agreement for cause can be exercised if the defaulting party fails to remedy the breach within eight working days.
It shall be a serious breach of the Agreement if the Buyer fails to meet its payment liability in time and continues to fail to do so, even upon request by the Service Provider.
4. Ordering products
Any registered Buyer has the right to order products on the website. If the Buyer is an individual, the Buyer must be at least 18 years to order products. The Service Provider specifies the price of each product on the Website.
The Price payable by the Buyer is the price specified by the Service Provider.
Subject to the availability of the ordered product, Service Provider will deliver the product to the location specified by the Buyer. Service Provider may refuse orders to be delivered outside of Hong Kong.
The Service Provider will use reasonable endeavours to deliver the ordered product within four weeks. If the Service Provider is unable to deliver the product, it will inform the Buyer. The Buyer agrees that the Service Provider shall not be liable for any cost/expenses/damages for delays in delivery. If the Service Provider does not deliver the ordered product within four weeks, the Buyer may cancel the order.
If the model of the ordered product is not available for delivery, the Service Provider will notify the Buyer prior to the delivery date.
Service Provider fulfills the delivery of products via courier. The Service Provider delivers the ordered items within 4 weeks. The delivery is done on weekdays between 0800 and 1800 hours. The Service Provider will inform the Buyer prior to shipment via email and/or phone. In the event that the Buyer is not present to accept delivery of the product at the delivery time, the Buyer will be liable to pay the Service Provider a fee to have the product re-delivered at a new delivery time. If the Buyer fails to accept delivery of the product at the new delivery time, or the Buyer fails to agree on a new delivery time, the Service Provider may cancel the order.
For more information about delivery, please refer to the “Shipping information”.
The Buyer pays the price of the product upon delivery. With any online order, the Buyer accepts the “Payment Method”, which is available on the website. Payment must be made in Euro in clear funds by one of the payment methods designated by the Service Provider in the "Payment Method". The Payment Method would be to pay for the invoices generated by bank transfer or cheque or through Paypal services provisioned on the website.
The Service Provider charge delivery charges for purchases / orders that are made online. The delivery charges are added to the price of the ordered products and shall be paid together.
All fees charged by the Service Provider are exclusive of any GST, so it is the Buyer’s responsibility to cover other governmental levies or any financial charges. The Buyer agrees to pay and be responsible for any taxes, duties, levies or charges.
6. Cancellation of orders
The order cannot be cancelled if the Buyer has finished its order and the Service Provider confirms the same order. The Buyer is obliged to pay the price of the ordered Products, as well as the fee of delivery.
IV. Return Policy
Our Commitment to customer Satisfaction
Thank you for shopping with ASIASMARTER LTD We wish to create a satisfying and enjoyable shopping experience for its customers. In furtherance of these goals, please take a moment to review and understand these Return Policy.
General Return Policy
You can return the items within 7 days of delivery for a full refund or exchange subject to it fulfilling any of the criteria as follows:-
[During your shopping, if you encounter receipt of incorrect items, lost package(s), damaged package(s) or item(s), missing item(s) or product size or color mismatches with your order, we promise a full refund or resend a new package for free once we confirm the mistake. Generally we need up to 5 working days to deal with these kind of issue(s).]
1. Receipt of incorrect items
In such case our company is providing you with two options
1) exchanging it for the correct item, you have to return the incorrect item(s)*;
2) returning it for a full refund. Please contact our Customer Service and send us the details about the wrong item within 7 days. We will resend the correct item for free or refund you the full price.
* All returned items must be in brand-new condition, unused and with original tags and packaging.
2. Lost package:
Please contact Us if you did not receive your package by the expected delivery date. We will give you a full refund or resend for free once we are confirmed from the courier that your package is lost.
3. Missing items:
Inform our Customer Service if an item is missing from your package. As we have confirmed that an item was missing, we will offer a full refund or begin processing a new one, upon your request. We will be responsible for all shipping fees incurred.
4. Damaged package or items:
If you find the package is damaged upon direct receipt from the courier, please reject it with the reason of damaged package and inform us about the issue(s).
If you find the package or items are damaged after accepting it, please provide us photographs demonstrating the issues. We will resend you a new one or issue a full refund after confirmation.
V. Intellectual works
1. Protection of intellectual works
Beneficiary of all intellectual works published by the Service Provider on the Website shall be the Service Provider. Intellectual works can be used only as determined by the governing law.
The Buyer shall in no way entitled to copy, multiply, make use of, sell, modify, edit or publish the intellectual works.
In case of any breach of the above point, the defaulting party shall be bound to indemnify the other party for any and all damages and costs, including but not limited to financial loss, lost profit, compensation for expenses expensed during mitigation of the impending damage, the lawyer’s fees expensed in connection with due process, costs arisen in line with mitigation of the damage. Should reproduction or replacement of the confidential data or intellectual works be necessary as a result of a breach of the terms, the relevant costs shall also be borne by the defaulting party.
VI. Service Provider’s responsibility
1. Service continuity
Service Provider shall take all reasonable measures that can be expected for purpose of smooth and continuous operation of service. It shall exercise its rights specified above (conditions of use, modifications of services, measures taken against the users, Buyers etc.) mainly for these purposes and also to adjust the service according to the Buyers’ requirements.
2. Service Provider’s responsibility, exclusion of warranty
The Service Provider shall make efforts to eliminate possible defects, problems occurring during operation of the site. The Service Provider shall not be liable either for failure or for standstill taken place for reasons beyond its sphere of interest and control
3. No Warranty
Buyer expressly agree that its use of the services is at the Buyer’s sole risk. TO THE FULL EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND THE SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. THE SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, TRUTHFULNESS AND COMPLETENESS OF THE INFORMATION PROVIDED BY ANY REGISTERED PERSON OF THE WEBSITES.
IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE TO THE BUYER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VII. Due process
1. Objection submitted to Service Provider
Buyers may forward their complaints, objections directly to the Service Provider that shall do its utmost to stop and remedy possible infringements. Service Provider shall examine the complaints submitted and shall inform the Buyer about its standpoint and measures taken.
2. Other remedy
The Buyer shall be entitled to submit its lawful claim to the authority or court under the governing law of Hong Kong.
VIII. Governing Law & Jurisdiction
This Agreement and all disputes arising out of or in connection with this Agreement shall be governed by the laws of Hong Kong without regard to conflicts of law provisions. You hereby consent and submit to the non-exclusive jurisdiction of the courts of Hong Kong.