TERMS OF USE

Please read these Terms of Use carefully as it applies to your use of www.13cellar.com (“Website”) and the Service (defined below). By using, visiting or browsing the Website and/or using the Service, you are entering into a binding contract with WEVALTD. (UEN: 201538754R), a company duly incorporated in Singapore and having its registered address a100 Peck Seah Street, #08-14, PS100, Singapore, 079333

(“we”, “us” or “13 Wine Cellar”) and signifying your agreement to be bound by these Terms of Use, including our Privacy Policy.

Please do not submit any personal information or data without first reading our Privacy Policy at which explains our data use and privacy practices in detail.

We may modify or revise these Terms of Use at any time in the exercise of our sole discretion, by displaying the amended Terms of Use on the Website. Your use of the Service and/or the Website thereafter following any revision thereto shall constitute your acceptance of the revised Terms of Use. If at any time you do not agree with these Terms of Use (or any revised versions thereof) you should immediately stop using the Service and Website.

1. Our Service

1.1 13 Wine Cellar operates an online[ib1]  wine & spirits store application (“Service”) on the Website, where users may browse, and purchase products from a wide selection of wines, cheese and other hand-picked, premium products, and arrange for their orders to be home delivered. “Service” includes the web through which the Service is provided and all upgrades, updates and enhancements thereto, and also includes such content, services, features and functionalities as we may offer in connection therewith from time to time, including:

(a) access to information and data on various products;

(b) recommendations on related products and promotions;

(c) access to search engines or tools;

(d) blogs, message boards, communication tools;

(e) email or message alerts; and

(f) other materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, broadcasts, comments, suggestions, ideas and other content.

1.2 We reserve the right to update, change, remove, suspend, disable or restrict access to or discontinue the Service (or any part thereof) or change any features, component or content thereof at any time, for any reason, without notice or liability. We do not guarantee that any specific content, component and/or feature will always be available on the Service or Website.

1.3 We may interrupt or suspend your access to the Service from time to time, for maintenance, backups, upgrades and other reasons. You acknowledge that such interruptions, including planned downtime, routine maintenance and updates, may result in temporary unavailability of our Service. We will attempt to notify you in advance of any scheduled downtime (including on the Website, by email or other communication channels) but you acknowledge that this may not be reasonably practicable for unscheduled downtime (including emergency maintenance) which are due to reasons beyond our control.

2. Licence to Use the Service

2.1 We hereby grant you a personal, non-exclusive, non-transferable and revocable licence to access and use the Service and Website subject to these Terms of Use. You may not do or attempt to do any of the following while accessing and/or using the Service and Website:

(a) copy, reproduce, modify, adapt, translate, publish, display, distribute, sell, lease or otherwise exploit or use for any commercial or other purposes, the Service or Website (or any content therein);

(b) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service, except to the extent that applicable law expressly permits despite this limitation;

(c) do anything that would disrupt, alter, destroy, impair, interfere with, overburden or limit the functionality, operation or security of the Service or Website, or interfere with another user’s use and enjoyment thereof, including by hacking into the Service or Website, or transmitting any virus or malicious code;

(d) scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(e) use any linking, deep-linking, mirroring, framing or page-scraping technology, robots, spiders, scripts or other similar processes or technology, to access, allow access to, copy, distribute, display, monitor or enable the mass download or extraction of data from the Service or Website; or

(f) engage in any fraudulent, unlawful or illegal activity.

3. Orders

3.1 All orders placed by you through the Service shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order for the price notified (including delivery and other charges and taxes) at the time you place the order.

3.2 All orders are subject to our acceptance. We reserve the right to accept or reject your order for any reason, including if the requested product is not available, if there is an error in the price or the product description or an error in your order. We reserve the right to limit your order or the quantity of a particular product you may order.

3.3 Processing of payment for an order shall not in itself constitute acceptance of the order by us, provided that where an order for any product(s) is rejected or cancelled by us, any payment made for such order shall be reversed or refunded by us in accordance with our prevailing refund policy at such time. If we reject your order, we will endeavour to notify you either at the time you submit the order or within a reasonable time thereafter.

3.4 Each order that we accept results in a separate binding agreement between you and us for the supply of the products in respect of which the order was placed, in accordance with these terms and conditions.

3.5 Alcohol listings on the Service are intended for those who are 18 years or above, and may only be purchased by those who are 18 years and above. If your order includes any liquor or age-restricted product, you warrant that you are not under the age of 18 years and that you are legally entitled to purchase such product and (in the case of a liquor product) that you are not under the influence of alcohol at the time of placing the order. You shall ensure that no other person uses your Account to purchase alcohol or age-restricted items.

4. Product Information, Pricing and Payment

4.1 We endeavour to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. Without limiting the generality of the foregoing, you acknowledge and agree that:

(a) product pictures on the Website are provided to help you recognise the products, but due to packaging redesign and improvements, these may not reflect exactly the product you receive; this includes and is not limited to specific vintages, and

You agree that we shall not be liable for any errors in the pricing, product and/or promotional information listed on our Website. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Website. If a product offered by us is not as described on our Website, your sole remedy is to return it in unused condition.

4.2 Subject to Clause

4.3, if the actual price of any item ordered by you is higher than that reflected on the Website, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.

4.4 All product prices are shown in Singapore dollars and are exclusive of Goods and Services Tax (GST). GST will be charged upon check-out. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

4.5 Payment for all orders shall be made in Singapore dollars.

5.6 By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your credit/debit card number or credit reports in order to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

5.7 The Service works with Paypal and Stripe to enable online payments. We only accept payment methods which are accepted by Paypal or Stripe (including MasterCard, Visa and American Express credit/debit cards), which are subject to change without notice to you or Paynow. We are unable to accept cash, paper checks, food stamps, or third-party coupons. By using the Service, and providing us with your banking, credit/debit card, or other payment information, you authorise us to use it and disclose it to Paypal or Stripe or other payment gateway providers for the purpose of processing the payments you authorise on the Service. We are not liable for any loss or damage for any transaction processed via Paypal or Stripe (including any errant or invalid transactions, or unprocessed transactions due to a network communication error, or any other reason). You agree that we are not responsible for missed payments, fraud, unavailability or hacking of Paypal or Stripe or our third party payment processors, or any other issues related to payments.

5.8 If you fail to pay any fees or charges when due or if a redelivery or restocking fee is imposed, we may charge such amount directly to the credit/debit card identified in your Account and we may suspend or terminate your access to the Service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by us and/or by your credit card issuer.

6. Delivery of Products

6.1 Delivery areas. Delivery will be made to the address you specify in the completed order form. We presently deliver to mainland Singapore. We will only process and accept orders within our delivery coverage.

6.2 Delivery times. You may email us to schedule your delivery at contact@13winebistro.com. Delivery slots are subject to availability. Whilst we make every reasonable effort to deliver your goods to your delivery address within the delivery time frame selected by you, we may fail to do so due to factors beyond our control such as weather, traffic, haze, etc., which may result in early or delayed deliveries. You agree that we shall not in any event be liable for deliveries made outside the delivery time frame indicated on your order.

6.3 Bulk orders. Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled. “Bulk order” means an order for any product that comprises quantities of beyond forty-eight (48) units, unless we state otherwise in writing.

6.4 Delivery changes. Please notify us immediately of any change to your delivery address, date or time of delivery, or contact number.

6.5 Delivery location. We will deliver your order to the main entrance of the delivery address. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date. If your delivery is to a work address, we will deliver to the ground floor communal entrance of your business’ building then contact you to meet our driver. We reserve the right to return your order to our store if you do not come to collect your order within a reasonable time and to charge for any re-stocking and re-delivery in accordance with Clause 7.6.

6.6 Re-delivery. If an order is cancelled by you, or if no one is at the delivery location to receive the order during the chosen delivery slot, 13 Wine Cellar reserves the right to charge a a re-delivery or cancellation fee of S$30.00.

6.7 Receiving delivery. Subject to Clause 7.8, anyone at the delivery address who receives the delivery is conclusively presumed to be authorised to receive the delivery.

6.8 Delivery of alcohol. If the delivery includes alcoholic drinks or any other age-restricted items, which may not be delivered to a minor, please ensure a person of 18 years of age or older with appropriate identification is present to take delivery thereof. We reserve the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 18 years old, and to charge you an additional re-delivery fee of S$30.00. You agree that if any applicable legal requirements for the delivery of alcohol are not met, we reserve the right to cancel the alcohol-related portion of your order.

6.9 Proper storage. We use various cooling methods including temperature controlled, insulated containers and in some cases frozen packs during delivery to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. We cannot guarantee that your products will remain fresh after delivery if left unrefrigerated at room temperature for an extended period of time. Additionally, frozen items must immediately be placed in a freezer.

7. Returns

7.1 Please check carefully your order with our invoice upon delivery. We will NOT only accept claims for missing items within 24 hours of receipt[ib2] .

(a) If fresh or perishable products delivered to you are not of reasonably satisfactory quality, please email us at contact@13winebistro.com within 24 hours from your delivery date with your name and contact details, your reasons for seeking a refund, and a clear photograph of the relevant product taken on the date of delivery, and we will, upon verification that your reasons are valid, give you a full refund.

(c) If wine is deemed to be ‘corked’ or ‘madeirised’ the client may request to exchange the bottle

(b) If there is any damaged or incorrect product(s) (including delivery of additional product(s) not ordered by you), please email us at contact@13winebistro.com  within forty-eight (48) hours of your delivery date with your name and contact details, and your reasons for returning the product. We will, at our sole discretion offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).

7.2 Products must be returned to us in the original packaging and must not be used or expired. We reserve the right, but shall not be obliged to, inspect the returned product and to determine whether the product was rightfully returned. Where we exercise our rights to inspect the product, our decision in respect of such returned products shall be deemed final and binding on you.

7.3 There will be no refunds and/or exchanges where (i) you have made an error; (ii) changed your mind with respect to a product ordered; or (iii) failed to notify us in the manner and within the time period specified in this Clause 8 (including if you have sent your refund/replacement request through any communication channels other than the email specified above).

8. Promotions and Voucher Codes

8.1 We may from time to time offer discounts or run promotions, contests, surveys, privileges, events and other programmes (“Promotions”). Promotions shall be effective only for the applicable promotional period and on a “while stocks last” basis, and shall be subject to additional terms and conditions which can be found on the Website and are hereby incorporated by reference into these Terms of Use.

8.2 Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” and while stocks last basis. No cash or credit will be offered in lieu of the gift. Where you are permitted to return any product to us for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, we may charge the delivery fee and/or the full value of the order without the promotion.

8.3 Our decision on all matters relating to Promotions, and other rewards and privileges is final and binding.

8.4 We reserve the right to discontinue any Promotion or Voucher at any time without notice or liability.

9. Intellectual Property Rights

9.1 The Service and Website are owned, operated and maintained by 13 Wine Cellar.

9.2 All intellectual property rights (whether registered or not, including rights in inventions, patent rights, registered designs, copyright and all rights of whatever nature in computer programs) in the Service and Website (including its data, text, content, design, compilations, and its “look”, “feel”, “appearance” and “graphic function”) belong to us and/or our licensors, and we reserve and retain all rights in the same.

9.3 Permission is granted to electronically copy and print hard copy portions of the Website where a ‘print’ or ‘download’ option or function for the same is made available by us on our Website. Any other use, including the reproduction, modification, distribution, display or transmission of the content of the Website is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Website. You acknowledge that we and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. We reserve the right to revoke this authorisation at any time, and any use shall be discontinued immediately on written notice from us.

9.4 The Service and Website contain trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (including the ’13 Wine Cellar’ name and logo) (“Marks”) owned by us or other third parties. No right, property, licence, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant or under these Terms of Use. You shall not copy, reproduce, display or use in any manner any of the Marks (including in any advertising or publicity or as a hyperlink, or register as a domain name a similar or identical name), without our express written permission.

10. Disclaimers & Limitations

10.1 The Service and Website are provided to you “as is”, “as available”, without warranty of any kind, whether express, implied or statutory (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise) all of which are expressly disclaimed to the maximum extent permitted under applicable law. Without limiting the foregoing, we also do not warrant that the operation of the Service will be uninterrupted or error free or that the Service, or Website are free of viruses or other harmful components, that defects will be corrected, that the use of the Service will not affect the functionality or performance of the device on which it is downloaded, or that the transmission of your information through the Service will be entirely secure. You further acknowledge that operation of and access to our Service or Website may be interrupted or interfered with as a result of technical errors or issues or other factors outside of our control.

10.2 We do not warrant that the use of the Service or that the use of any functionality or feature of the Service will be lawful, non-infringing, or not in breach of any contractual obligations, and you agree that you have full and sole responsibility for ensuring the same.

10.3 By using the Service, you acknowledge and agree that internet transmissions are never completely private or secure, and that it is possible that the data on the Service can be mistakenly released, lost, hacked or accessed by unauthorised users. You understand that any information you upload or send using the Service or make available to us through the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

10.4 We make no representation or warranty as to the correctness, accuracy, completeness, reliability, safety, timeliness, quality, suitability or availability of any of our services, products, software or information. You acknowledge and agree that the entire risk arising out of your use of the Service, and any third party services or products remains solely with you, to the maximum extent permitted by law.

10.5 To the fullest extent permissible under law, we hereby disclaim all liability to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, whether foreseeable or not, under contract or tort, including damages for loss of profits, loss of business, revenue, use, data, money, goodwill, reputation or other economic advantage, personal injury or property damage, even if we are aware of or advised of the possibility of the same, arising out of or in connection with the use of, or the inability to use, the Service, Website or any other website or device, or this Agreement.

10.6 In the event that we are liable for damages despite the provisions in this Agreement, you agree that no action, whatever its form, may be brought by you more than one (1) year after the event which gave rise to your claim arose, and further, that our aggregate liability to you, if any, under any and all causes of action, in relation to:

(a) any order, sale or delivery of any product by us under these Terms of Use shall not exceed the price of the product giving rise to such claims; and

(b) in all other cases (including any use of the Service or Website), shall not exceed S$1.00.

10.7 You agree that the above exclusions and limitations of liability enable the Service and Website to be provided by us at either reasonable costs or no costs to you.

11. Linked Websites

11.1 We may provide links, plug-ins, widgets or other connections to other websites (“Linked Websites”) that may be of relevance and interest to users. Some of these third party websites may be co-branded with our name/logo or our affiliated entity's name/logo, even though they are not operated or maintained by us. The Service may also carry advertisements from other companies. When you click on links to third-party websites in the Service, you may leave the Service. We have no control over, and are not responsible for the content on or obtained through the Linked Websites or for any damage you may incur from using or accessing the Linked Websites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Websites) or the availability, accuracy or reliability of any of the Linked Websites. The inclusion of an advertisement of, or link or accessibility to, a Linked Website, does not imply endorsement of the same by us. You hereby agree to assume all risk arising from the use of the Linked Websites and hereby irrevocably waive any claim against us with respect to the Linked Websites. We do not guarantee any of the Linked Websites, and expressly disclaim all liabilities and responsibilities arising in relation to any Linked Websites.

12. Jurisdictional Issues

The Service and Website are meant for use by residents of Singapore only, and we make no representation that the Service or Website are appropriate or available for use in your location. Those who choose to access the Service or Website from any location do so on their own initiative and are responsible for compliance with local laws, where applicable.

13. Indemnity

You shall fully indemnify and hold 13 Wine Cellar, it’s subsidiaries, related companies, officers, directors, employees, partners and agents (“Indemnitees”) harmless from and against any and all damages, awards, expenses, losses, claims, actions, liabilities, penalties, costs and/or demands (including statutory liability and liability to third parties, economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis), due to or arising out of, whether directly or indirectly, from:

(a) your act, omission, negligence, willful default, mistake, misconduct, dishonesty or fraud;

(b) your breach of these Terms of Use;

(c) any breach or violation of any applicable laws or rights of any party (including providers of courier services arranged via the Service);

(d) any connection to, access and/or use of the Service and/or Website; and/or

(e) your instructions, and/or our acting in good faith and taking or refusing to take action based thereon.

14. General Terms

14.1 Definition. In these Terms of Use, the word “include” (and its derivatives, such as “including” and “includes”) shall mean to include without limitation.

14.2 Governing law. These Terms of Use and all matters relating to your access and use of the Service and Website shall be governed by and construed in accordance with the laws of Singapore, and you hereby submit to the exclusive jurisdiction of the Singapore courts.

14.3 Severability. If any provision of these Terms of Use is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.

14.4 Force majeure. We shall not be liable for any failure or delay in the performance of our obligations or the operation of the Service or Website or any unavailability thereof that is due, in whole or in part, directly or indirectly to an event, circumstance or failure which is beyond our reasonable control including (i) acts of God, nature, court or government; (ii) strikes, lockouts, industrial action or labour disputes; (iii) riots, civil unrest, war or threat of war, criminal or terrorist acts; (iv) epidemic, quarantine restrictions; (v) disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party; (vi) utility failures, power outages, failure or interruption in public or private telecommunication networks, communications channels or information systems used in the provision of services; (vii) acts or omissions of the provider of telephone data communication lines, or any third party service provider or party for whom we are not responsible; (viii) delay, failure or interruption in, or unavailability of, third party services and Linked Websites; and (ix) viruses, other malicious computer codes or the hacking by any party of the Service or Website, third party services or Linked Websites.

14.5 Assignment. We may transfer our rights and obligations under these Terms of Use to another party without notice to you. You may not transfer any of your rights or obligations under these Terms of Use to another party.

14.6 Waiver. Failure or neglect by us to enforce at any time any of the provisions in these Terms of Use shall not be construed or deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these Terms of Use or prejudice our right to take subsequent action. No waiver of any rights or remedies by us shall be effective unless made in writing and signed by an authorised representative of 13 Wine Cellar.

14.7 Relationship. Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between us and you and neither party shall have any authority to bind the other in any way.

14.8 Third party rights. A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term herein, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

14.9 Notices to you. You agree that we may provide notices to you by posting it on the Website, emailing it to the email address in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to the Website or emailed to you unless we receive notice that the email was not delivered, or three (3) business days after it is sent by postal mail.

14.10 Entire Agreement. You shall comply with all operating rules, policies and procedures that may be published by us from time to time on the Website (collectively “Policies”). Without limiting the foregoing, the following Policies are incorporated into these Terms of Use by reference and provide additional terms and conditions related to specific services offered by us: