Terms & Conditions
Last Modified: August 27, 2018
Acceptance of Terms and Conditions
Welcome to Vinoteka.vn, Cty TNHH The Wine Vault, Wine Vault Company ltd. is a Vietnamese company, and offers the following Website and attendant Services, hereinafter referred to as, "(Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference these "Terms and Conditions," govern your use of Vinoteka.vn, ("Vinoteka.vn," "Website" or "Service").
Please read these Terms and Conditions carefully before you start to use these Services as they set forth your legal rights and obligations. In particular these terms of service requires that you observe certain laws and regulations in all activities undertaken using Vinoteka.vn.
By using this site, you swear and affirm that you are over the age of 18. Vinoteka.vn does not sell alcohol to persons under the age of 18, and we make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 18. By using this site, you are acknowledging that the recipient of alcoholic beverages from Vinoteka.vn is over the age of 18.
You affirm that you are legally able to use this Website and Services, and to form a binding contract under governance of current legal framework.
If you do cannot agree to these Terms and Conditions, you must not access or use the Website, and discontinue further use.
You accept and agree that the products or features available through this Service may be subject to additional terms and conditions, including Pricing and Shipping policies.
By registering an account to use Vinoteka.vn, you affirm that you accept these Terms and Conditions and agree to be bound and abide by them.
Our products are qualified in line with technical standards, food safety, and quality control according to Law No.18 on Prevention and Control of Harms of Alcoholic Beverage in from 2019.
Vinoteka.vn Service and Pricing Terms
Subject to terms available through our https://vinoteka.vn/, we offer selected Wines and Spirits for purchase.
Fees and Charges
Payments for Products and Services are processed by our trusted third-party payment processor, you will be required to provide certain data including your preferred payment method to our Payment Processor, and you will be required to accept the Terms and Conditions of their Services at that time. The payment account you create, shall incur fees for the provision of these services, which shall be charged at published rates, or according to policies found at our vinoteka.vn.
Terms of Sale
By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from vinoteka.vn.
Order Acceptance and Cancellation
Vinoteka receives orders by: direct order at Vinoteka’s company, our Facebook page - https://www.facebook.com/VinotekaVn, or our online store (https://www.vinoteka.vn/).
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not charges have been processed. If your payment account has been charged and your order is canceled you will receive a prompt refund.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.
Return and Refund Policy:
The product return is only applicable in case the customer receives a difference product, or the product has a damaged appearance. For other cases refer to Order and Cancelation article above.
Once accepted, refunds will be promptly processed and completed within the limits of our working hours and operational limits of the payment systems of our payment processing partners.
In case the reason of the refund is wrong order/cancellation by Client, transfer fee we will deducted from the amount of purchase.
Payment Terms and Sales Taxes
Terms of payment are as published. Payment must be received, by our designated payment processor, sufficient to fund your purchase of all Services or Products.
In processing payment through our third-party payment processor, you affirm that (i) the payment information you supply shall be true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, (iv) chargebacks shall not be initiated without first contacting Vinoteka.vn to rectify and issues regarding your transactions.
100% full payment must be received on our account or be traceable in the systems of our payment partners. Therefore, for instant payments we advise payment using following options:
Payment online via MPOS link to card payments (for cards issued by Vietnamese banks)
Paypal, for cards issued by foreign banks
Card payment using payment terminal in our store. Any major cards are accepted.
Cash on delivery payment
The currency unit for payment is Vietnam Dong (VND).
Payment processed by foreign bank cards may incur exchange rate differences and extra fees according to the bank's regulations.
Charges for shipping and handling will be made in accordance with our then-current shipping policies available on the site.
Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user security information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Vietnamese and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company name, the term Vinoteka.vn and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Acceptable Use Policy
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use this Website or Services
In any way that violates any applicable state, local, or international law or regulation
In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Make use of a robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Make use of manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
To the extent this Website or Services allow you to post content, create a user profile, or offers in features, now or in the future, which allows you to interact with other Users. You agree not to use this Website or Services:
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
To impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another
Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
Deliver, or provide links to, any postings containing defamatory, false or libelous material.
Deliver any posting that infringes or violates any intellectual property or other rights, including copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
Vinoteka, in order to enforce this Acceptable Use Policy and all other provisions of these Terms and Conditions, informs Users of this Website and attendant Services, that accounts may be terminated, suspended, or otherwise denied beginning at the registration process and at any time thereafter, for violations or circumventions of these terms and conditions.
For violations, Vinoteka.vn may take other remedial action, but is not obligated to do so. If you feel another User has violated the User code of conduct, please report this to Vinoteka.vn immediately. On all other matters, Vinoteka.vn shall not act as the arbitrator of commercial disputes between users.
We cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to us:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material claimed to infringe is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Reliance on Information Posted
We do not warrant the accuracy, completeness or usefulness of any information or postings provided. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
To the extent this Website and Services includes content provided by third parties, site users, and other third-party licensors. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided.
Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (arising out of or relating to your violation of these Terms and Conditions or your use of the Website and Services.
Governing Law and Jurisdiction
The Agreement will be governed by Vietnamese Law, without regard to its conflicts of laws principles. FOR ANY CLAIM BROUGHT BY ANY PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE COURTS LOCATED IN HO CHI MINH CITY, VIETNAM.
Limitation on Time to File Claims
Waiver and Severability
Law No.44/2019/QH14 ON PREVENTION AND CONTROL OF HARMFUL EFFECTS OF ALCOHOLIC BEVERAGES of 2019
Decree No.17/2020/ND-CP, revised and amended some articles regarding conditions of business investment that are under government control of the Ministry of Industry and Trade.
Decree No.24/2020/ND-CP, assigning some articles of PREVENTION AND CONTROL OF HARMFUL EFFECTS OF ALCOHOLIC BEVERAGES
Other legal documents (if any) depending on a certain period of time.
Your Comments and Concerns
This Website and Services are operated by
Cong ty TNHH The Wine Vault
153/25 Nguyen Van Huong, Thu Duc City, HCMC, 713323, Vietnam
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@Vinoteka.vn.
Thank you for visiting Vinoteka.vn.
Vinoteka can automatically collect and store a number of information in the server log including details of how customers use and query Vinoteka services. Identifying customer accounts in the browser as well as handling errors, language, browser, etc.