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Terms And Conditions Of Sale - Hong Kong 

Last Updated 13th May 2020

  1. These terms and conditions (“Terms”) will apply when you use and/or make any purchase through our Site (as defined hereunder). If you do not understand or have any questions about these Terms, please contact us and the contact information is set out in Clause 32 below. By placing any order to us hereunder or making any purchase through the Site, you will be deemed to have read, understood and accepted the Terms and have agreed to be bound by the Terms.

Definitions

  1. In the Terms, the following definitions shall have the respective meanings ascribed thereto unless the context requires otherwise: -

“Account”

means your personal customer account set up by you on the Site.

“Product(s)”

means The Macallan product(s) displayed for sale on the Site.

“Hong Kong”     

means the Hong Kong Special Administrative Region of the People’s Republic of China.

“Hong Kong Dollars” or “HK$”

means the lawful currency of Hong Kong.

“Hong Kong Time”

means the time in Hong Kong, Greenwich Mean Time (GMT) +8:00 hour.

“Personal Information”

means the details you provide to us when you use the Site, including your first and last name, e-mail address, billing address, delivery address, telephone number and credit card or other payment information.

“Site”

means our website located at https://www.themacallan.com/en-hk, or any microsite, or subsequent URL which may replace it.

“Terms”

means these Terms and Conditions.

“We”, “us” or “Edrington Hong Kong”

means Edrington Hong Kong Limited.

“you” or “your”

means you as a user of the Site and/or a consumer placing order under the Terms.


Using the Site

  1. This Site is provided solely for our sale and your purchase of the Product(s) within Hong Kong.

  2. When you register for an Account or provide any information with us for the purchase of any Product(s) on the Site, you agree that: -

    a) The Personal Information which you are required to provide as a consumer is accurate;
    b) If there is any change in the Personal Information, please contact our customer services team for the same; and
    c) We may send messages or e-mail to you based on your phone number or e-mail address provided for verification and registration purposes and in connection with your use of the Site from time to time. We may also call you on your phone number if you require any customer service in relation to the Site.
     
  3. You are responsible for keeping your Account and Personal Information confidential. Please notify us immediately of any unauthorized use of your Account or Personal Information and/or any breach of security or misuse, or suspected breach of security or misuse. Please ensure that you close all the web browsers and clear all the history at the end of each session if you use a shared computer. We shall not be held liable for any loss or damage caused to you arising out of or in connection with any of such unauthorized use or misuse of your Account and Personal Information.
     
  4. By placing an order on the Site, you agree and understand that we may collect, use, store and process your Personal Information in accordance with our Privacy Policy. For details, please see our Privacy Policy, which are incorporated into and form part of these Terms.

Order

  1. Each order submitted constitutes an offer to purchase the Product(s) from us. Orders are subject to our acceptance and we may, at our absolute and sole discretion, refuse to accept your order, including where:

    a) we are unable to obtain authorization for your payment;
    b) orders cannot be executed due to insufficient, incorrect or fraudulent information you have provided us;
    c) you have failed our customer validation checks;
    d) The Product(s) that you have ordered is out of stock; or
    e) under any other cause which we find it reasonable.
     
  2. Once payment is confirmed, Edrington Hong Kong will check the availability of the Product(s) and send you an e-mail confirming your order.
     
  3. Subject to us having accepted your order and the availability of the Product(s), we will then arrange for the delivery of the Product(s) to you at the address provided by you. Our delivery team may contact you on your telephone number that you provided to arrange for delivery.
     
  4. The contract between you and us in respect of the purchase of any Products on the Site (the “Contract”) will only be concluded and Edrington Hong Kong will only be deemed to have accepted your order once the Product(s) has been delivered and we have sent a delivery confirmation e-mail to you informing you the same.
     
  5. Edrington Hong Kong shall retain the title and ownership of the  Product(s) until full payment of which (including delivery charges and/or any surcharges) has been received by us and the same has been delivered to you.
     
  6. The Product(s) will become your property at the time that you receive it. As soon as we have delivered the Product(s) to you, you will become fully responsible for it and for any risk, loss or damage pertaining to it thereafter.
     
  7. You agree and accept that any refund, return or exchange of the Product(s) will only be accepted at Edrington Hong Kong’s sole discretion.
     
  8. If you wish to refund, return or exchange the Product(s), please contact us at (852) 2831 7238/ (852) 2831 7229 from Monday to Friday: 9am to 6pm (except public holiday) or by e-mail: [email protected] within 7 days from your receipt of it. We shall notify you within 7 days upon the receipt of your request. Under no circumstances will we accept the return of any goods directly to us or be held liable for your damages for whatever reasons. Please note that any product returned must be in a good condition such that the product is of re-saleable condition, which means that the product is in its original condition as it is sold by Edrington Hong Kong, not damaged, stained or consumed and returned with the original packaging and with all other accessories originally included with the product, and whether relevant condition meets the requirement as specified herein shall be determined by us at our sole discretion.
     
  9. By placing your order and making an offer to buy the Product(s) through the Site, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit 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 the delivery address provided by you.
     
  10. By placing your order, you warrant that you are of legal drinking age in your country or of or above 18 years old in Hong Kong. It is an offence to buy or attempt to buy the Product(s) if you are underage or to purchase the Product(s) for someone else who is under age.

Prices and Payment

  1. We reserve the right to vary the price of the Product(s) at any time without any prior notice. However, we will not alter the price of the Product(s) payable by you after we have accepted your order by written confirmation.

  2. The prices displayed on our Site for the Product(s) are in Hong Kong Dollars and are inclusive of all other applicable taxes in Hong Kong only.

  3. You may pay for your order using American Express, MasterCard or Visa.

Delivery

  1. We only arrange delivery for the order in Hong Kong except outlying Islands and restricted areas such as Lo Wu (and such other places as may be determined by us at our sole discretion), from Monday to Saturday (excluding Sunday and public holiday) between the hours of 9am and 8pm. For an order with an aggregate purchase value of HK$1,000.00 or above, your order will be shipped for free, in which the expected delivery time will be confirmed by the delivery service provider designated for the said order. For an order with an aggregate purchase value below HK$1,000.00, a delivery surcharge of HK$100 will be charged from you per order.

  2. You must provide us with complete and accurate delivery address information. For the avoidance of doubt, such information should include not only the address that your order is going to, but also the name of its recipient. We shall not be liable for the delivery of your order as a result of your supplying us with incomplete or inaccurate information. Edrington Hong Kong has the right to charge for the costs incurred by re-delivery due to incomplete or incorrect Personal Information provided by the consumer or the recipient is not available at the scheduled time slot to accept delivery. You shall be responsible to fully settle such costs prior to our re-delivery of your order and/or your receipt of the Product(s) under the order.

  3. Unless otherwise specified, we will use all reasonable commercial endeavors to deliver the Product(s) ordered within 7 working days after an order confirmation e-mail is sent to you. We will make every effort to deliver your order within the estimated timescales. However, we shall not be liable for loss or damage caused to you as a result of any delay or failure by us to deliver your order within the estimated timescales.

Our Liability to You

  1. To the extent permitted by applicable law(s), we shall not be liable for any loss or damage caused to you resulting from your placement of order for the Product(s) hereunder and other matters relevant to such order.

General Terms

  1. All product images or photos provided on our Site are for reference purposes only. Actual products (including but not limited to, their bottle shape, colour, appearance, package and labelling) may vary from those as shown in the product images and photos, without further notice. You confirm that you would rely solely on the text descriptions on our Site and/or the terms and conditions of the Contract.
     
  2. We reserve the right not to sell or deliver the Product(s) to anyone (including but not limited to the one who is, or appears to be, under the legal drinking age in their country or of or below 18 years old in Hong Kong).

  3. We may change these Terms at any time at our sole discretion without any prior notice.

  4. The Terms and any document explicitly referred to therein constitute the entire agreement between you and us in respect of the content of the Contract, which shall supersede any other oral or written agreement, understanding and/or arrangement between you and us.

  5. If any clause of the Terms herein shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and shall not affect the legality, validity and enforceability of the remainder of these Terms which shall continue to have full force and effect.

  6. This Site shall be used for lawful purposes and in a lawful manner. By using this Site and/or placing any order hereunder, you agree to comply with and be bound by the Terms and all applicable laws, statutes and regulations regarding the Site and any transactions conducted on or through this Site.

  7. These Terms and any order placed hereunder are governed by the laws of Hong Kong and are subject to the exclusive jurisdiction of the courts of Hong Kong.

  8. Edrington Hong Kong reserves the right of final decision in case of any dispute.

Contact Us

  1. If you have any enquiry, please contact our customer service at hotline: (852) 2831 7238/ (852) 2831 7229 from Monday to Friday, 9am to 6pm (except public holiday)or by email: [email protected].