BIDVINO TERMS & CONDITIONS
By
using the Bidvino Website and Bidvino
Services you (defined as ‘you’, ‘Buyer’ and/or ‘Seller’) agree to these Terms
& Conditions and to Bidvino’s Privacy Policy,
which is incorporated within these Terms and Conditions by reference. Please read the following Terms and
Conditions before using the Bidvino.com (Bidvino)
Website (‘Site’) and the Bidvino Services, including
any Bidvino account (‘Services’). To become a
“Seller”, there are further Terms & Conditions and other discretionary
factors that need to be met (click “Become a Seller” in “My Account”)
Usage of the Bidvino
Website, including all information and content contained therein or accessed
thereby, and the Bidvino Services (collectively, the
“Bidvino Website and Services”) is subject to the
following terms and conditions:
1. Legal Age
to Use Bidvino
To
use the services of Bidvino you must be of an age
where it is permissible by law for you to partake in the consumption of
alcohol. In most countries this is 18 years of age.
2. Auction Sales
Bidvino (HK) Limited warrants that it is the owner of the property offered for sale on the Bidvino Website. In addition, it warrants that it passes good title in the product to the Buyer and the title to the product and risk of loss of the product passes to the Buyer upon payment to Bidvino (HK) Limited for the product. Every attempt has been made to describe all property as accurately as possible.
However
Bidvino does not warrant or represent, and denies
responsibility for the accuracy of the descriptions, encompassing but not
limited to vintage, provenance, authenticity, quality and condition as may be
stated on the Site. Any and all statements made relating to the property
offered on the Site are merely statement of opinion and at no time can be
construed as warranties and representations of fact or assumptions of any
liability on the part of Bidvino.
3. Images
When
a lot description of a bottle includes a photo, the photo may not necessarily
show the actual bottle offered in the lot, althought
it is intended that where possible it will. If a stock photo is used rather
than an individual photo, the lot will be marked as such..
Unless the lot includes inspection notes describing imperfections, the photo
may be a Bidvino stock photo of a bottle of the
specified wine and vintage, though not the exact bottle offered. Stock photos
may be used for bottles that are in very good general condition but have
lightly depressed corks, lightly elevated corks, lightly scuffed capsules,
lightly depressed capsules, lightly wrinkled capsules, lightly worn capsules,
lightly scuffed labels, lightly nicked labels and lightly worn labels.
4. Purchase on an ‘as is’ basis
Buyer
accepts all purchases on an ‘as is’
basis. Notwithstanding any other terms of these Terms & Conditions, should Bidvino receive any written claims within 21 calendar days
of the auction that any property is with a shortage, or otherwise out of
condition, or that any statement in the web site is without basis, then Bidvino will judge such claims through inspection of the property
or by any other just means as it determines, and may require the Seller to
cancel the sale and may refund the purchase price. At all times the decision of
Bidvino in its capacity of auctioneer will be final
and binding on all parties.
5. No Refunds or Returns Accepted for Corked
Wine
The
wine industry estimates that between 3 and 7 percent of all wines sealed with
natural corks are ruined because of a natural fungus in corkwood that produces
the chemical compound trichloroanisole, or TCA within
the cork. TCA has a distinctive odour resembling mouldy newspaper or damp basement.
In almost all cases of ‘corked’ wine, the aroma of the wine is reduced
significantly, and a heavily tainted wine is completely undrinkable. Since all
of our wine is consigned, and much of it very rare, we cannot replace wines
that have been ruined because of cork taint. We do not accept returns of corked
wine nor do we refund payments for corked wine.
6. Purchase Price
The
term ‘final bid’ as used herein shall refer to the price at which any auction
lot is knocked down to the Buyer. The purchase price due from the Buyer shall
be the aggregate of the final bid and a premium of 15% of the final bid, and
any applicable sales or other user tax. The
final bid of a Buy Now item is the price shown on the lot description, plus any
applicable sales tax.
The
complete purchase price, including delivery, of auction or Buy Now items will
be automatically deducted from your Bidvino account
(including any Bidvino Wallet and Bidvino
Gift Card) or provided credit card. Title to the property will not pass from
Seller to Buyer until full payment is received by Bidvino.
No property will be released to the Buyer until Bidvino
receives any applicable taxes or duties that Bidvino
may be required by law to collect. In addition any applicable storage or
shipping charges must also be received by Bidvino prior
to the release of the property.
7. All Auctions conducted in HK Dollar Currency
All
Bidvino auctions are conducted in Hong Kong Dollars.
The Bidvino account or credit card of each winning
bidder will be charged in Hong Kong Dollars for the hammer price, Buyer's
premium and shipping cost (if any). The actual amount to be paid in your local
currency will be determined by the exchange rate used by your credit card
provider when you are actually charged.
Bidvino also reserves the
right to require payment by wire transfer for the full price of purchased wine,
buyer’s premium, insurance, applicable taxes and duties and shipping charges
prior to shipping.
8. Buyer Accepts Full Risk and Responsibility
for lot
The
highest acceptable bid received prior to the end of the auction date and time
shall be from the Buyer, who will assume full risk and responsibility of the
lot.
9. Bidvino Service
Bids
and Buy Now orders submitted to Bidvino are processed
and executed as a service and convenience to bidders. Neither Bidvino nor its staff shall be responsible for any failure
to execute such bids or Buy Now orders or any error relating to the same.
10. Buyer Fails to Comply
Should
any Buyer fail to fully comply with these Terms & Conditions, Bidvino may hold the Buyer liable for the purchase price or
resell the property after reasonable notice is given to the Buyer. Any
deficiencies attending the resale of property shall be the liability of the
defaulting Buyer, along with any storage or legal fees and any other expenses
or damages incurred by Bidvino.
In
the event of non-payment by a Buyer, or non-compliance by Buyer with these
Terms & Conditions, Bidvino reserves the right to
take any and all appropriate or necessary actions including, without limitation,
cancelling or rescinding the transaction, reporting the defaulting Buyer to an
appropriate credit reporting agency, charging the Buyer’s Bidvino
account or credit card for Bidvino’s fees and
expenses incurred in connection with the non-compliance (including the costs of
the transaction itself), turning any amounts due and owing over to a commercial
collection agency and/or taking any other action permitted by law.
In
no event shall Bidvino be liable for any incidental
or consequential damages to Buyer.
11. Shipping
All
items will be shipped to the Buyer upon collection of the purchase price and any
pre-paid shipping charges. All lots are delivered by Buyer's preferred method
of shipping or by Bidvino's selection if no Buyer
preference is indicated. Buyer shall assume full responsibility for any shipping
expenses. This includes shipping costs and packing.
Since
the sale of the wine between Seller and Buyer takes place at Bidvino's Hong Kong facility the Buyer becomes the owner of
the wine prior to its shipment. If the Buyer has paid the Buyer's Premium to Bidvino prior to shipment and if Bidvino
has arranged the shipment on behalf of Buyer using Bidvino's
regular shipping accounts, Bidvino shall reimburse
Buyer for any wine that is lost or broken during shipment. However, Bidvino will not reimburse Buyers for lost or damaged
shipments if Buyers arrange shipping using their own accounts.
Bidvino will take all
precautions to package the wine according to industry standards to minimize the
possibility of damage. Bidvino will use only
reputable carriers who will safeguard the shipment as much as possible given
the nature of the commodity. Bidvino does not
compensate for any loss or damage due to exposure to temperature variations,
shipping delays, or defect in or failure of any cork or other bottle closure.
The
primary means of distribution will be common carrier. All wines are to be sold
in Hong Kong by Seller and title passes to Buyer in Hong Kong. Bidvino makes no representation as to the rights of anyone
to import wine. In the event that a winning bid is placed by a resident of a country
that restricts the personal importation of wine, the wine will be held at Bidvino in Hong Kong on behalf of Buyer until Buyer makes
arrangements to ship the lot to an address that permits such shipments.
When
the weather is too hot or too cold to safely ship wine, your wine will be
stored in Bidvino’s temperature-controlled warehouse.
If you choose to ship during extreme weather conditions, you assume all
liability for the shipment and will not hold Bidvino
responsible.
12. Duties, Taxes and Customs Charges
The
Buyer is responsible for all duties, taxes and customs charges incurred in shipping
purchases from Hong Kong to the Buyer's desired shipping address. To the extent
that Bidvino provides estimates of shipping charges,
these should be treated as estimates only. The Buyer is responsible for the
actual charges incurred.
13. Storage
All
stored wines are subject to Bidvino’s terms regarding
Storage Period and Fees, if held more than 4 weeks.
14. Responsibility of Shipping
The
Buyer is solely responsible for shipment of wines the Buyer has purchased. By
participating in the auctions Buyers authorize Bidvino
to act on their behalf to engage a common carrier to deliver wine to the
location the Buyer specifies. Wines may be sold and delivered only to persons
who are of legal age in that jurisdiction. By placing bids in these auctions,
or placing Buy Now purchase orders (in Hong Kong), Buyers acknowledge that they
are at least 18 years old (or the legal age in their jurisdiction), and that
the person to whom Buyer's wine will be delivered is also at least 18 years old (or the legal age in their jurisdiction),.
The person receiving delivery will be required to show identification of the the Buyer.
When
Bidvino has arranged shipping, if your shipment is
delayed or arrives broken please contact Bidvino. Bidvino insures all shipments, up to an agreed maximum with
the insurer. In the event of loss or breakage Bidvino
will handle all claims. Do not contact the carrier directly. Wines spoiled by
changes in temperature cannot be recovered. Please ensure you choose your
shipping address carefully as Bidvino cannot replace wine
damaged by heat or cold exposure.
15. Level of Wine in Bottles
Though
every effort is made to describe or measure the levels of older vintages, corks
more than 20 years old begin to lose their elasticity and wine levels can
change between cataloguing and sale. Old corks occasionally fail during or
after shipment. Buyers must understand that there is always a risk of cork
failure with old wines. Under no circumstances can an adjustment of purchase price
or credit be provided after delivery.
16. Storage Terms and Fees
Bidvino will store
purchased wine without charge for up to sixty (60) days after the purchase
date. If purchased wine has not been picked up by or shipped to Buyer within 60
days after the purchase date or Buyer’s credit card on file cannot be charged
for shipping, Storage Fees will begin to accrue.
Right to Claim Lien
over Buyer Wines
Bidvino reserves the right
to claim a lien for all lawful charges for storage of Buyer’s purchased wine,
as well as interest, insurance, transportation, labour, and other charges and
expenses in relation to such goods. Bidvino also reserves
the right to exercise its lien rights under the terms of any applicable law
and/or agreement between Buyer and Bidvino, including
without limitation under these Terms of Service.
At
any time after purchase, Bidvino may, upon written
notice to Buyer and any other person known to claim an interest in such goods,
require the removal of any purchased wines from Bidvino’s
facility, upon payment of all charges attributable to such goods, within a
stated period and not less than 30 days after such notice.
If
Buyer does not timely comply with Bidvino’s request, Bidvino may sell Buyer’s purchased wine in accordance with
applicable law and shall be entitled to exercise all other rights it has under
the law with respect to such goods. Provided, however, if Bidvino
believes, in good faith, that the purchased wines are about to deteriorate or
decline in value to less than the amount of Bidvino’s
lien in a shorter period than 30 days, Bidvino may
specify in the notification any reasonable time, less than 30 days after such
notice, for removal of the purchased wines and in case such wines are not
removed, may sell them at public sale held one week after a single
advertisement or posting as provided by law.
Bidvino may satisfy its
lien from the proceeds of any sale or disposition as permitted by applicable
law.
17. Storage Fees Charges
For
Buyers the storage
Fee is $2.00 HKD per bottle for each month or part thereof.
Storage
Fees are charged on a per month basis for each month or part thereof, and are
not prorated or refunded. All Storage Fees are due and payable on the first day
of storage for the initial month and thereafter on the first day of each
succeeding calendar month.
Wines
will not be released or shipped until all Storage Fees are paid.
Unless
otherwise stated by Bidvino, wines will be stored in Bidvino’s warehouse in Hong Kong.
18. Governing Law
The
laws of Hong Kong shall govern the rights and obligations of all parties. All other claims arising out of or relating
to the Bidvino Website and Services shall be governed
by the laws of Hong Kong.
19. Customer Obligations and Warranties
By
accessing or using the Bidvino Website and Services,
you agree not to do any of the following in connection with your use of the Bidvino Website and Services:
(i)
Breach these Terms & Conditions;
(ii)
Use the Bidvino
Website and Services in an unlawful or fraudulent manner or for such purposes,
to collect personally identifiable information, to provide false information,
or to impersonate other users;
(iii)
Modify Bidvino
copyright or Bidvino trademark(s) or other
proprietary rights, or interfere with the security-related features of the Bidvino Website;
(iv)
Post any material that infringes upon
any third party's copyright, trademark, patent or other intellectual property,
personal or proprietary right;
(v)
Harass, offend, threaten, embarrass,
distress or invade the privacy of any individual or entity;
(vi)
Post or transmit information or
content that is false, hateful, abusive, threatening, libellous, defamatory,
harmful to minors, discriminatory, obscene, pornographic or otherwise
inappropriate, offensive, illegal, improper or disorderly, or contains or constitutes
excessive messages or information;
(vii)
Post or transmit any unauthorized
commercial, advertising or promotional materials, including without limitation,
“spam” or mass distributions;
(viii)
Upload viruses, trojans
or other malicious code;
(ix)
Use any scripts, crawlers, bots, or
other automated means to access the Bidvino Website
for any purpose without the express written permission of Bidvino,
or use software to determine architecture of or extract usage data from the Bidvino Website;
(x)
Take any action that imposes or may
impose (in our sole discretion) an unreasonable or disproportionately large
load on our infrastructure or that may interfere or attempt to interfere with
the proper working of the Bidvino Website; or
(xi)
Refuse to cooperate in an investigation
or provide confirmation of your identity or fail to confirm any information you
provide to us.
20. Reserved Rights
Bidvino reserves the right
to set and enforce limits on the amount of data and other content that may be
accessed by users of the Bidvino Website and
Services. Bidvino may change, limit, suspend, or
discontinue any aspect of the Bidvino Website and
Services at any time without prior notice, including the availability of any
feature, account, database or content.
21. Site Materials
The
Bidvino Website and all content, including, without
limitation, design, text, graphics, pictures, videos, logo, data, pricing, other
files and the selection and arrangement thereof (collectively, the “Site
Materials”) are the sole proprietary property of Bidvino
and are protected by intellectual property laws. These Site Materials may not
be used by anyone without Bidvino’s express, written
permission.
22. Right to Charge Fees
Bidvino reserves the right
at any time to charge fees for access to features of the Bidvino
Website and Services. If at any time we require a fee for features of the
account services that are now free, we will give you advance notice of such
fees. You may cancel your access to fee-bearing features at any time; however Bidvino will not prorate the applicable fees. You shall pay
all fees and charges incurred through your account at the rates in effect for
the billing period in which such fees and charges are incurred. All fees and
charges shall be billed to and paid for by you. You shall pay all applicable
taxes relating to use of the fee-bearing features through your account.
23. User Content
If
you post or submit any content or materials to or through the Bidvino Website and Services (User Content), you represent
and warrant that:
(i) you own all necessary
rights and permissions in such User Content; and
(ii) said User
Content does not violate the intellectual property, proprietary, or personal
rights of any person or entity (e.g., the User Content does not infringe any
third party’s trademark, copyright, patent or trade secrets, and is not libellous
or defamatory) and does not violate any law.
You
grant Bidvino a perpetual, non-exclusive, worldwide,
royalty-free, sub-licensable licence to your User Content, which includes
without limitation the right for Bidvino or any third
party it designates to use, copy, transmit, excerpt, modify, publish,
translate, create derivative works from, perform, store and display the User
Content, in any format or media whether now known or hereinafter developed.
You
are solely responsible for your User Content and any claims relating to same.
However, while Bidvino does not and cannot review all
User Content and is not responsible for User Content, Bidvino
reserves the right to delete, move, or edit User Content that Bidvino, in its sole and absolute discretion, deems
abusive, defamatory, obscene, in violation of intellectual property laws, or
otherwise unacceptable.
24. Bidvino Gift Card
Your
Bidvino Gift Card cannot be redeemed for cash, resold
or transferred for value (except where permitted by law). In addition, it may
not be used to purchase other Bidvino Gift Cards. Any
unused balance on your Bidvino Gift Card may not be
transferred.
Bidvino is not responsible
if your Bidvino Gift Card is lost, stolen, destroyed
or used without your permission. In the event a Bidvino
Gift Card is obtained through illegal or fraudulent means, Bidvino
reserves the right to freeze, void or close the customer’s account and cancel
any purchase order or charge any purchase using another payment method. Please
contact Bidvino immediately if your Bidvino Gift Card is lost, stolen, or used without your
permission.
25. Limitation of Liability with Gift Cards
Bidvino makes no warranties, express or implied, with respect to Bidvino gift cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event your Bidvino gift card is not functional, please contact Bidvino. Your sole remedy shall be the replacement of such Bidvino gift card.
Bidvino shall not be liable for any amount beyond the value of your Bidvino gift card. Certain territories do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The
balance of any accounts with Bidvino, including any Bidvino Wallet or Gift Card balance, represents an
unsecured claim against Bidvino and is not insured by
any third party. If you have an amount owed to Bidvino
and the amount is not the subject of a dispute, Bidvino
may debit any of your Bidvino accounts, including any
Bidvino Wallet or Gift Card to offset any amount you
owe to Bidvino.
26. Right to Suspend or Limit
Bidvino, in its sole
discretion, may suspend, limit, hold or place other limitations on your use of
the Bidvino Website and Services or any Bidvino account or credit in any account. Bidvino may release
credits or funds in any Bidvino account to a third
party in the event Bidvino receives notice of a court
order or other legal process that requires such action.
27. Disclaimer
of Warranties and Limitation of Liability
YOU
AGREE THAT YOU ARE MAKING USE OF THE BIDVINO WEBSITE AND SERVICES AT YOUR OWN
RISK, AND THAT THEY ARE BEING PROVIDED TO YOU BY BIDVINO ON AN “AS IS” AND “AS
AVAILABLE” BASIS. BIDVINO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO THE BIDVINO WEBSITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BIDVINO
HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, BIDVINO MAKES NO WARRANTY THAT THE BIDVINO
WEBSITE AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE,
OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
IN
ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BIDVINO NOR ITS
OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS,
AFFILIATES, SUBSIDIARIES NOR THEIR RELATED COMPANIES SHALL BE LIABLE FOR:
(i) ANY DAMAGES
WHATSOEVER RESULTING DIRECTLY OR INDIRECTLY FROM
(a) YOUR USE OR
MISUSE OF OR YOUR INABILITY TO USE THE BIDVINO WEBSITE AND SERVICES,
(b) DELAYS OR
DISRUPTIONS IN THE BIDVINO WEBSITE AND SERVICES,
(c) ERRORS OR
INACCURACIES OF ANY KIND IN THE BIDVINO WEBSITE AND SERVICES,
(d) VIRUSES OR
OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE BIDVINO
WEBSITE OR SERVICES, OR
(e) ANY SUSPENSION
OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT BY BIDVINO; NOR FOR
(ii) INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN
ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE THE BIDVINO
WEBSITE AND SERVICES.
SOME
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING
THE ABOVE, IN NO EVENT SHALL BIDVINO’S AGGREGATE LIABILITY TO YOU OR TO ANY
THIRD PARTY NOR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS,
SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR
RELATED COMPANIES EXCEED THE GREATER OF (i) THE
AMOUNT OF FEES IN DISPUTE NOT TO EXCEED TO TOTAL FEES YOU PAID TO BIDVINO IN
THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (ii) $50.00.
THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE BIDVINO WEBSITE OR THESE TERMS
OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.
28. Indemnity
You
agree to indemnify, defend and hold harmless Bidvino
and its officers, directors, employees, parents, partners, successors, agents,
distribution partners, subsidiaries and their related companies from and
against any and all claims, liabilities, losses, damages, obligations, costs
and expenses (including interest, penalties, and attorney fees and amounts paid
in investigation, defending or settling any of the foregoing) arising out of or
related to:
(i)
your access to or use or misuse of
the Bidvino Website and Services;
(ii)
your User Content;
(iii)
any actual or alleged violation or
breach by you of these Terms & Conditions or of any representation,
warranty or covenant that you have made to Bidvino;
(iv)
your violation of the law;
(v)
your negligent or wilful misconduct;
or
(vi)
your
violation of the rights of any third party.
You
agree to cooperate fully with us in the defence of any claim that is the
subject of your obligations hereunder.
29. Dispute
Resolution
Please
read this section carefully as it affects your rights.
You
and Bidvino each agree that any claim or dispute at
law or equity that has arisen or may arise between us relating in any way to
these Terms and Conditions, any prior version of these Terms and Conditions, or
your use of or access to the Bidvino Website and
Services, will be resolved in accordance with the provisions of this Dispute
Resolution section.
You
and Bidvino agree to first contact each other with
regard to any claim or dispute, and to provide a written description of the
problem, all relevant documents/information and the proposed resolution. Bidvino will contact users of the Bidvino
website based on the contact information provided to us. Notice to Bidvino must be sent to: Bidvino,
3/F, 46 Lyndhurst Terrace, Central, Hong Kong or service@bidvino.com
IF
AFTER 60 DAYS THE PARTIES ARE UNABLE TO RESOLVE ANY DISPUTE RAISED, THE PARTIES
AGREE THAT THE DISPUTE MUST BE SUBMITTED TO ARBITRATION CONSISTENT WITH THIS
DISPUTE RESOLUTION SECTION, EXCEPT THAT YOU MAY ASSERT ELIGIBLE CLAIMS IN SMALL
CLAIMS TRIBUNAL IN HONG KONG. The parties understand that they would have had a
right or opportunity to litigate disputes through a court and to have a judge
or jury decide their case, but they choose to have any disputes resolved
through arbitration.
30.1 Hong
Kong International Arbitration Centre (HKIAC)
You
and Bidvino each agree that any claim or dispute
between us, and any claim by either of us against any agent, employee,
successor, or assign of the other, including, to the full extent permitted by
applicable law, third parties who are not parties to these Terms & Conditions,
whether related to these Terms & Conditions or otherwise, including past,
present, and future claims and disputes, and including any dispute as to the
validity or applicability of this arbitration clause, shall be resolved by
binding arbitration administered by Hong Kong International Arbitration Centre
(‘HKIAC’) under its rules and procedures in effect, as modified by these Terms
& Conditions (as permitted under such rules and procedures), when the claim
is filed and the arbitration shall occur in Hong Kong.
The
rules and procedures and other information, including information on fees, may
be obtained from HKIAC 's website (www. hkiac.org) and a form for initiating arbitration
proceedings is available on HKIAC's site at http://www.
hkiac.org.
In addition to filing this form with HKIAC in accordance with its rules and
procedures, you must send a copy of the completed form to us at the following
address to initiate arbitration proceedings: Bidvino,
3/F, 46 Lyndhurst Terrace, Central, Hong Kong. If the value of the relief
sought is $10,000 or less, you or Bidvino may elect
to have the arbitration conducted by telephone or based solely on written
submissions, which election shall be binding on you and Bidvino.
Attendance at an in-person hearing may be made by telephone by either of us,
unless the arbitrator requires otherwise. The arbitrator's award shall be final
and binding and judgment on the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof.
Further,
each party agrees that any arbitration will be solely between Bidvino and the user of the Bidvino,
not as part of a class action claim (i.e., not brought on behalf of or together
with another individual's claim). If for any reason any court or arbitrator
holds that this restriction is unconscionable or unenforceable, then our
agreement to arbitrate doesn't apply and the class action dispute must be
brought in court.
Notwithstanding
the foregoing, either party may bring qualifying claims in small claims
tribunal in Hong Kong.
31. Terms & Conditions, Privacy Policy and
Additional Terms
These
Terms & Conditions, together with our Privacy Policy, both as may be
amended from time to time in Bidvino’s discretion,
and Additional Terms (as defined below), govern your access to and use of the Bidvino Website and Services.
Bidvino may revise these
Terms & Conditions and its Privacy Policy from time to time and will
provide users of the Bidvino site with notice of any
such changes by posting the new Terms or Policy on the Bidvino
website and providing an updated effective date. By using the Bidvino website subsequent to any revision of these Terms
& Conditions or Privacy Policy, you agree to be bound by such changes. If
you do not agree to these Terms & Conditions or to the Privacy Policy, you
must immediately terminate use of the Bidvino Website
and Services.
Bidvino may, in some
instances, need to provide users with operating rules or additional terms that
govern the use of parts of the Bidvino website
(“Additional Terms”). Unless otherwise expressly set forth as part of any such
Additional Terms, any such Additional Terms are made in addition to and part of
these general Terms & Conditions, and are incorporated herein by reference.
Users of the Bidvino website agree that Bidvino may provide Additional Terms at any time. To the
extent any Additional Terms conflict with these Terms & Conditions, the
Additional Terms will prevail.
LAST
UPDATED: 25 January 2016