1.1 We shall be deemed prima facie to have properly performed all obligations under the Contract, and the Goods delivered shall be deemed to be correct and of satisfactory quality, unless notice of fault and the particulars of such fault are given in writing accompanied with the return of the Goods to us within 2 days from the date of its delivery at the Delivery Address. Any claim not made as aforesaid shall be deemed to be waived and absolutely barred except where you can show to our satisfaction that it was impossible for you to comply with such time limit and that you have made the claim as soon as it becomes possible to do so but still subjected to our full and final determination to accept or reject.
1.2 In the event that a claim is lodged in accordance with Clause 1.1 and subject to satisfactory proof of fault thereof and your provision to us a valid original receipt or payment proof for the Goods, we shall, at our sole and absolute discretion, either:
(a) replace the Goods free of charge subject to the terms herein, in particular Clauses 1.3 and 1.5; or
(b) refund to you the amount paid for the Goods subject to the terms herein, in particular Clauses 1.4 and 1.5, after your return of the Goods.
1.3 Without prejudice to anything contained in the Contract, all costs and expenses arising from the return of the Goods under Clause 1.1 and delivery of the replacement thereof under Clause 1.2(a) (including without limitation, delivery charges, local customs, tariffs and duties) shall be borne by you entirely. If the Goods is replaced pursuant to Clause 1.2(a), you shall be required to either collect the replacement in person or reimburse us for the cost of delivering the same to you.
1.4 Refund of payment under Clause 1.2(b) shall be made in such manner as we shall determine at our sole and absolute discretion.
1.5 The Goods returned under Clause 1.1 shall be returned in its original unaltered condition and in its original packaging.
1.6 We shall inspect any allegedly defective Goods in good faith but our decision thereof shall be final. We shall not refund or replace any Goods that are not faulty or defective or without any error on our part.
1.7 Notice of claim and the return of Goods under Clause 1.1 shall be made to us at firstname.lastname@example.org
1.8 You acknowledge and agree that wines are a perishable commodity and some wines may deteriorate over time or if not stored under proper conditions, and that notwithstanding Clause 1.1 or any other provisions to the contrary in the Contract, any Goods priced at over HK$750 per bottle and/or aged more than 10 years are sold “as-is” and no refund or replacement thereof shall be permitted under all circumstances, including but not limited to the Goods being defective.
1.9 We reserve our sole and absolute right and discretion to decline any claim under this Clause 1. In the event of any dispute hereunder, our determination shall be final and conclusive. Acceptance of refund by you shall deemed to be a valid and sufficient waiver provided by you as a full and final settlement of the subject matter. We are not obligated to entertain with your any further request on the same matter.
Leung Yick Company Limited © 2019