OVERVIEW
This website (https://www.ardbeg.com.hk) is operated by Moët Hennessy Diageo Hong Kong Limited ("Site"). Throughout the Site, the terms “we”, “us” and “our” refer to Moët Hennessy Diageo Hong Kong Limited. Moët Hennessy Diageo Hong Kong Limited offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service.
You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – PRESCRIBED AGE
You must not access our Site or order products from us if you are under 18 years of age.
Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business.
根據香港法律，不得在業務過程中，向未成年人(18歲以下人士)售賣或供應令人醺醉的酒類.
By agreeing to these Terms of Service, you acknowledge and agree that:
• you are at least 18 years of age;
• persons under 18 years of age are not permitted to purchase alcohol; and
• you understand the prohibitions on the sale and supply of liquor to those under the age of 18 under the laws of Hong Kong SAR
• Any offer or order for any product or service made on this Site is void where prohibited by law.
SECTION 2 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content, or our products or Services:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any laws, regulations or rules;
(d) to infringe upon or violate our intellectual property rights or other rights, or the intellectual property rights or other rights of other persons;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. A breach or violation of any of these Terms will result in an immediate termination of your Services.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
All intellectual property on this Site, including without limit, the text, graphics, copyright works and trade marks, is owned by us (or by third-party content suppliers). We are the exclusive owner of all rights in the compilation, design and layout of this Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
To the extent permitted by the laws of Hong Kong SAR, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this Site or any other website.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
The resale of any goods purchased through our Site is strictly prohibited.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 - MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 – ACCEPTANCE OF AN ORDER
If you place an order for products or services with us through our Site, you are making an offer to buy products or services from us. We may at our sole discretion accept or reject an offer to buy products or services from us.
Acceptance of your offer to buy products or services from us occurs only once your payment has passed our internal validation procedures and you have received an email from us confirming that your order has been accepted and will be processed.
Once your order has been accepted, you cannot cancel or amend your order without our prior written consent.
SECTION 7 – PRICE
All prices listed by us on the Site are in Hong Kong dollars and include all applicable value added tax and similar duties. Prices for our products are subject to change without notice.
SECTION 8 - PRODUCTS OR SERVICES (if applicable)
If you wish to purchase any products or services from our Site, you may be required to register as a user of our Site. Certain products or services may be available to registered users for purchase exclusively online through the Site. These products or services may have limited quantities and are subject to first come first serve.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services or pricing are subject to change at anytime without notice, at our sole discretion\.
We reserve the right to discontinue any product or services at any time. Any offer for any product or service made on this Site is void where prohibited. To the extent permitted by the laws of Hong Kong SAR, we do not warrant or guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit or decline orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please refer to our Delivery & Shipping Tab and Frequently Asked Questions Tab.
SECTION 10 – DELIVERY
You shall be responsible for providing correct delivery details.
Our obligation to deliver shall be discharged on attempted delivery and/or arrival of the products at your nominated delivery address or destination.
SECTION 11 – RISK
The risk in the products purchased shall pass to you upon delivery or attempted delivery to you (or to your representative, agent or carrier).
Except as otherwise provided in the Terms, products sold are neither refundable nor exchangeable.
Customers are advised to check that ordered products are received in good and proper condition prior to acceptance.
Should there be any discrepancies, please reject the order immediately and notify us in writing by way of an annotation in the duplicate of the Delivery Order if the products or any portion thereof are not in conformity.
SECTION 12 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability to you or any other person whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any losses, damages, claims, harm, penalties, or expenses of any nature whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 13 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable to you or any other person whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any losses, damages, claims, harm, penalties, or expenses of any nature whatsoever arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any person’s intellectual property or other rights, or these Terms of Service. You represent and warrant that your comments do not and will not violate any right of any other person, including, without limit, copyright, trademarks, privacy, personality or other personal or proprietary right. You further undertake that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the
Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any other persons as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Any user comments, feedback and submissions that condone irresponsible drinking or excessive alcohol consumption are not permitted and may be taken down.
SECTION 15 - PERSONAL INFORMATION
Your submission of personal information through our Site is governed by our Privacy Policy. Refer to our Privacy Policy.
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free or the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
To the fullest extent permitted by law, the Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, and all representations, warranties, guarantees or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement are excluded.
Under no circumstances shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Nothing in these Terms shall exclude or restrict our liability for death or personal injury caused by our negligence that cannot be excluded or restricted by the applicable law.
Without prejudice to the other provisions herein, our entire liability whether arising under contract, misrepresentation, mis-statement, any tortious act or omission including negligence, infringement of intellectual property or otherwise, arising from or in connection with the supply of the products and/or services or their use by you shall not exceed the price of the products and/or services purchased by you.
SECTION 18 - INDEMNIFICATION
You shall indemnify, defend and hold harmless Moët Hennessy Diageo Hong Kong Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third-party, including fees and expenses incurred, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the agreement between the parties for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide or supply you products and / or services shall be governed by and construed in accordance with the laws of Hong Kong SAR. All disputes arising hereunder shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.
SECTION 23 – FORCE MAJEURE
We will not be liable to you or be deemed to be in breach of contract by reason of any delay or failure to perform our obligations whether under these Terms of Service or in relation to the products and/or services you have ordered if such delay or failure is due to any circumstances beyond our reasonable control including, without limit, act of god, explosion, accident, natural disaster, fire, flood, epidemic or pandemic, government order or directive, war or threat of war, sabotage, insurrection, civil disturbance, import or export embargoes, strikes, lock-outs or other industrial actions or trade disputes, power failure or breakdown in machinery, or other similar major event beyond our control).
SECTION 24 – PRIVACY
Our privacy policy may be found at this URL:
https://www.ardbeg.com.hk/pages/privacy-policy
We also set out more specific details on how we treat the information you are sharing on this Site below, where applicable. If there is any inconsistency between our Privacy Policy and our below comments, the terms of our Privacy Policy shall prevail.
1. Embedded content from other websites
Articles on this Site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
2. Retention of data
If you leave a comment, the comment and its metadata are retained per Section 7 of our Privacy Policy (see URL in Section 24 above). This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. If you have an account on this Site, you can request to receive an exported file of the personal data we hold about you, including data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [info@ardbeg.com.hk]