BIDVINO TERMS & CONDITIONS
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.
2.1 .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.
2.2 . Buy Now (Retail) Sales
If you notice that you have received wrong or broken items, please notify us within 24 hours of receiving the goods either by telephone or email and we will arrange for a replacement or full refund. Bidvino offers a 7-day return policy on some products that are proven to be faulty. Any faulty wine needs to be returned to us with a minimum of ¾ of the original contents, together with the original seal (cork, screwcap, or other) within 7 days of purchase. Bidvino’ staff will then assess the wine to determine whether the wine is faulty. In determining whether a wine is faulty, staff will consider whether the wine has been affected by TCA (“corked”) or is unexpectedly oxidized. Bottle variation does not constitute a wine fault. Where Bidvino determines that a wine is faulty, Bidvino will offer a replacement where possible or a full refund. If the wine is determined to be in acceptable condition, not faulty, then Bidvino will charge a 10% restocking fee, a $100 pickup fee (if applicable), and 5% fee for credit card refund costs. Many of Bidvino's products are old or rare wines. In some cases, these wines can be past their peak drinking window and may be either unpleasant or undrinkable. Bidvino cellars wines which represent excellent condition examples of the wines in question in terms of their fill levels, labels and physical appearance. Bidvino accepts no responsibility for a wine being unpleasant or undrinkable where it is considered possible that the wine is beyond its peak drinking window. .
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.
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.
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.
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.
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.
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:
<![if !supportLists]>(i) <![endif]>Breach these Terms & Conditions;
<![if !supportLists]>(ii) <![endif]>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;
<![if !supportLists]>(iii) <![endif]>Modify Bidvino copyright or Bidvino trademark(s) or other proprietary rights, or interfere with the security-related features of the Bidvino Website;
<![if !supportLists]>(iv) <![endif]>Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property, personal or proprietary right;
<![if !supportLists]>(v) <![endif]>Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
<![if !supportLists]>(vi) <![endif]>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;
<![if !supportLists]>(vii) <![endif]>Post or transmit any unauthorized commercial, advertising or promotional materials, including without limitation, “spam” or mass distributions;
<![if !supportLists]>(viii) <![endif]>Upload viruses, trojans or other malicious code;
<![if !supportLists]>(ix) <![endif]>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;
<![if !supportLists]>(x) <![endif]>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
<![if !supportLists]>(xi) <![endif]>Refuse to cooperate in an investigation or provide confirmation of your identity or fail to confirm any information you provide to us.
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.
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.
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.
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:
<![if !supportLists]>(i) <![endif]>your access to or use or misuse of the Bidvino Website and Services;
<![if !supportLists]>(ii) <![endif]>your User Content;
<![if !supportLists]>(iii) <![endif]>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;
<![if !supportLists]>(iv) <![endif]>your violation of the law;
<![if !supportLists]>(v) <![endif]>your negligent or wilful misconduct; or
<![if !supportLists]>(vi) <![endif]>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.
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 firstname.lastname@example.org
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.
30.1Hong 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.
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