Terms & Conditions to Sale

1. Definitions and general terms

1.1 Your purchase of goods from www.vinosapio.com (“website”) is subject to these Terms and Conditions of Sale, the Terms of Use, the Returns Policy, and the Privacy Policy (collectively referred to herein as “Terms”).  If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

1.2 www.vinosapio.com is a website operated by La Limace Mystique (Singapore) Pte. Ltd. (“us”, “our”, “we”, “Vinosapio”).  We are a private limited liability company registered in Singapore and have our registered office at 160 Robinson Road, #14-04, Singapore 068914

1.3 The goods and services described in this website are available from Vinosapio only.

1.4 You and Vinosapio may enter into a sale contract for the sale and supply of goods or services described in this website, by you making an offer to Vinosapio via the website, to purchase the goods and services at the specified price, subject to these Terms.

1.5 In these Terms:

• “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website
• reference to a “third party” in these Terms includes a reference to any agent or contractor of Vinosapio, or of any of its related entities, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them
• a reference to the “website” means www.vinosapio.com
• “Order” means an offer made by you via the website

2. User consent

2.1 By accessing and/or using the website, you accept these Terms and agree to be bound by them, and an agreement is formed between us and you.

2.2 We reserve the right to revise the Terms from time to time at our sole discretion.  Such revisions will be effective immediately upon publication on this website.  We recommend you review the terms for amendments each time you use the website and before placing any Order.  By continuing to use this website after such publication, you agree to be bound by these Terms as revised. Any changes to these Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party.  You should therefore periodically visit this page to determine the current Terms.  We reserve the right to terminate your access to this website at any time without notice.  Whilst we are under no obligation to do so, should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from us or our third party.

3. Guests and Members

3.1 You may access and/or use the website as a guest or as a member.

3.2 To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details, we may not be able to activate your membership or supply goods or services to you.  You agree to keep your membership details current at all times by accessing your account via the website or by contacting us.

3.3 You will receive an email from us as soon as practicable after you create your membership account.

3.4 We only permit one registration per email address.

3.5 You must not use another member’s account without permission.

3.6 You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorized use of your password or account.

3.7 If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact us.

3.8 We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms.

4. Minimum age requirement

4.1 You must be eighteen (18) years of age or over to visit the website and make online purchases on it.  It is strictly forbidden to supply liquor to individuals under the age of 18 through online or telecommunication services, in accordance with the Liquor Control (Supply and Consumption) (Liquor Licensing) Regulations 2015.  Violators may be subject to fines of up to S$10,000.  We reserve the right to request a valid photo ID for verification.

4.2 Any Order and/or purchase made by you using this website is an acknowledgement by you that:

• You are over the age of eighteen (18) years;
• You accept these Terms;
• You agree that you have entered into a legal contract with Vinosapio in relation to these Terms; and
• These Terms, together with your Order, constitute the entire agreement between you and La Limace Mystique for the supply of goods or services;

4.3 Vinosapio reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage of any kind Vinosapio may suffer as a result of a transaction entered into by a minor.

5. Orders

5.1 We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

5.2 Once an Order has been accepted by Vinosapio, no cancellation of that Order is valid unless you receive our written communication permitting the cancelled Order.

5.3 Representations of goods or services for sale made by Vinosapio via the website do not constitute an offer to sell, but only an invitation for you to make an Order.  The information and product offerings on our website is for reference only.  Actual availability or products and services may only be confirmed upon your order and, subsequently receiving notification from us.

5.4 You and Vinosapio may enter into a contract for the sale and supply of goods or services by you making an offer via the “Shop” or “Store” page to purchase goods at the indicated price when all of the following steps are completed:

1. You created an Order;
2. You confirmed the Order;
3. You made payment in full (plus any applicable delivery and handling charges) using the payment methods offered on the website;
4. Vinosapio accepted the offer

5.5 When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the good(s) or services only when any and all requirements set out in these Terms have been met.

1. The electronic instruction containing the offer from you is recorded and stored in our database
2. Vinosapio receives in its account full payment from you for the goods or services (including any applicable delivery and handling charges) and confirmation of that payment is received by our database

iii.  Vinosapio receives in its account full payment from you for the goods or services (including any applicable delivery and handling charges) and confirmation of that payment is received by our courier partner.

6. You acknowledge and accept that:

6.1 The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Vinosapio for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems.

6.2 To the fullest extent permitted by law, Vinosapio is not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.

6.3 Vinosapio may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you.

6.4 Vinosapio may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

6.5 You will receive an email from Vinosapio as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us.  Please note this email does not constitute acceptance of your Order by us but merely confirms our receipt of your Order.

6.6 If your Order is not accepted by Vinosapio, Vinosapio will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed, as soon as practicable.

6.7 Vinosapio may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, goods or services on the website, or an error of any kind in or relating to your Order.

6.8 Any representations made at any time about stock availability are accurate to the last known stock level and are subject to change. If Vinosapio cannot supply particular goods, Vinosapio will notify you by telephone or email as soon as practicable.

7. Price and Product listings

7.1 Prices shown are in Singapore dollars and include GST.  Prices may not include delivery and handling charges.  Prices are valid until amended or removed from the website and are subject to change at any time.

7.2 Images of goods shown without any advertised price beside that image are not offered for sale.

7.3 Accessories shown in any image of goods are not included in the price

7.4 Actual goods may differ from the image shown on the website due to practical reasons such as suppliers’ labeling and packaging or effects of photography.  Cosmetic differences that do not impact the actual contents of the goods shall not constitute reasons for goods return or refund.

7.5 We have the sole discretion to make changes to product and price listings on the website at any time without notice.

8. Payment

8.1 All payments must be made in full prior to delivery, including any applicable delivery or handling charges to be borne by you.

8.2 All cash-on-receipt payments must be made in full when receiving the parcel(s), including any applicable delivery or handling charges to be borne by you.

8.3 Payments must be made via the secure payment gateway facilities accessible via the website and will be subject to any additional terms and conditions of these providers.

8.4 To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or payment account is fraudulently used or is used in an unauthorized manner.

8.5 If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.

9. Supply and Delivery

9.1 Subject to you complying with these Terms and acceptance of your Order by Vinosapio, Vinosapio will sell and supply the goods or services to you as shown on your Order confirmation.

9.2 When you complete your Order you will be prompted to select to have the Order delivered to an address specified by you

9.3 Vinosapio will endeavor to dispatch orders within two (2) to five (5) business days (Monday to Friday).

9.4 Goods may not be available for immediate delivery. Vinosapio will notify you of the soonest possible goods available date.  In this situation, you may cancel your Order without charge, and Vinosapio will arrange for a full refund of any payment made by you to be processed, as soon as practicable.

9.6 Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the goods within the specified time resulting from shipment/delivery delays from our suppliers or third party delivery service providers.

9.7 Vinosapio uses Third Party Delivery Service providers to deliver goods to your address.  We are not responsible for delivery failures or delays by our third party delivery providers.

9.8 The delivery address must be an address within Singapore and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes and the following areas: Jurong Island, Tuas Link, Changi Cargo, Country Clubs, Army Camps, Seletar Aerospace, Off-shore Islands such as Pulau Ubin, Turf Club Avenue, Resorts World at Sentosa, Singapore Prison Quarters, Airbase sites, SATS Inflight Catering Centre 1, ST Kinetics, Shipyards Powergrid.

9.9 You will be required to be available in person to accept delivery of your Order.  If you are not able to accept delivery on the notified delivery date, you will be charged for storage, transport and re-delivery costs.  Should you arrange your own delivery or collection then the goods become your responsibility upon collection from Vinosapio.

9.10 If you wish to change the delivery date or delivery address you must contact us at least 48 hours prior to the dispatch of your Order.

9.11 Vinosapio will use its reasonable endeavors to deliver your Order within any stated timeframes for dispatch, however Vinosapio does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

9.12 You must advise at the time you place your Order via the website or later when you discuss delivery with Vinosapio, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

9.13 You are required to inspect your goods when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the Delivery Service provider for signature.  In all other cases you will be required to notify us in writing of any damage on delivery or shortages within seven (7) days of delivery. We will not be liable for any damage on delivery to any of the goods unless we are notified within the time period specified above.

10. Title and risk in goods pass to you on delivery or collection and after full payment has been received by Vinosapio.

11. PAYMENT AND CREDIT CARD FRAUD.  To the fullest extent permitted by law, Vinosapio and its related entities will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a credit/debit card, PayPal account or other payment method is fraudulently used or is used in an unauthorized or improper manner.

12. DISCLAIMER AND INDEMNITY

12.1 To the fullest extent permitted by law (and without limitation to any other provision of these Terms), Vinosapio, and each of its related entities, exclude all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website (or any goods or services purchased on the website) including, but not limited to, loss or damage you might suffer as a result of:

1. errors, mistakes or inaccuracies on the website;
2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
3. personal injury or property damage of any kind resulting from your access or use of the website;
4. any unauthorized access to or use of the website’s secure servers;
5. any interruption or cessation of transmission to or from the website;
6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party;
7. the quality or fitness for any purpose of any linked sites

12.2 Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, Vinosapio and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website or any goods or services purchased on it.

12.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods or services on the website. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods or services are suitable for your purposes

12.4 You will at all times indemnify, and keep indemnified, Vinosapio, and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms

13. Enquires on your Orders.  If you have any query about the progress of your Order, please contact the us at info@vinosapio.com.  Please have your Order number handy as shown on the email confirmation of your Order.

14. ORDER CANCELLATION, DAMAGED GOOD RETURNS AND EXCHANGE, REFUNDS

14.1 If any goods delivered to you has arrived in damaged packaging or appears to be faulty, please contact us immediately.

14.2 However once you have accepted the delivery, you will be deemed to have taken the goods “as is” and Vinosapio is not obliged to provide replacement or refund.

14.3 Subject to the terms set out below, you have the right to cancel your Order and return the goods up to seven (7) business days starting from the day the goods are received by you, subjected to evaluation within seven (7) days starting from the day we received your returned items, and provided that

1. You have proof of purchase (order invoice number and receipt)
2. You received wine that cannot be consumed.  Opened wine bottles must be returned with no less than 75% of the original content remaining
3. You received the wrong item in your package
4. You received breakage of wines upon arrival
5. You received missing items in your package
6. Your product does not match the website specifications or description

14.4 Damaged goods will be exchanged with new delivery of the same product with no additional delivery charge.

14.5 If the same product is not available for new delivery, a full refund will be made, by electronic transfer to designated bank account in Singapore.  The refund will include delivery charges incurred but not any other charges, costs or damages incurred by you (the buyer).  The refund will be made as soon as practicable.

14.6 For opened wine bottles, we reserve the right to make a fair evaluation of the complaint.  We will conduct the evaluation within seven (7) days starting from the day we received your returned items.  If the opened wine bottle has less than 75% of the original content remaining, it shall be deemed that the wine could in fact be consumed and not entitled for Refund or Replacement.

14.7 Actual goods may differ from the image shown on the website due to practical reasons such as suppliers’ labeling and packaging or effects of photography.  Cosmetic differences that do not impact the actual contents of the goods shall not constitute reasons for return of goods or refund of payment.

15. COMPLAINTS. Should you wish to make a complaint, please contact by email to info@vinosapio.com or written mail to La Limace Mystique (Singapore) Pte. Ltd., 160 Robinson Road, #14-04, Singapore 068914
16. Force Majeure. Vinosapio shall be excused from performance under these Terms if we are prevented, forbidden or delayed from performing, or we omit to perform, any act or requirement under these Terms by reason of: (a) any provision of any present or future law or regulation or order of Singapore, or any countries or territories, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
17. Governing Law. The courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website or any Order placed on the website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Singapore law.
18. Severability. If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Vinosapio.
19. Transfers and assignments. If Vinosapio merges, sells or otherwise changes control of its business or this website to a third-party, Vinosapio reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Vinosapio has collected from you and any agreements it has made with you.

20. Waiver.  The failure by Vinosapio to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Vinosapio.