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TERMS and CONDITIONS

Customer agreement
(updated as of 15 January 2017)
Welcome to Wine Talk.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE ("Site").

This Agreement (the "Agreement") is an agreement between you and Wine Talk Sdn Bhd") that states the terms and conditions under which you may use the Site and receive the Wine Talk service, which includes processing and delivery of product orders (the "Wine Talk Service"). Your use of the Wine Talk Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the Wine Talk Service.

Please note: 

1. The sale of alcohol to individuals below 21 years  or professing the religion of Islam is prohibited.

(Meminum arak adalah bahaya untuk kesihatan)

Usage of Vouchers

Wine Talk may share vouchers from time to time during promotion period and special activities. Unless stated otherwise, these general rules apply to vouchers:

1. Voucher is only valid for 1-time use per 1 customer.

2. Voucher is applicable on normal-priced items only excluding events, sale prices and Wine Club subscription  - unless stated otherwise. 

3. Voucher is not valid on sale items, best buys, value buys and corporate orders. 

4. Only 1 (one) voucher can be used for every 1 (one) transaction. The website does not accept more than 1 voucher in 1 order and may result to order cancellation and vouchers to be void.

5. If payment failed or was cancelled, this will make the voucher void or invalid. Contact info@winetalk.com.my or 1300889788 for assistance.

6. Voucher validity date cannot be extended.

7. Voucher requires a minimum purchase order and/or certain items to purchase (e.g. red wines, wines from specific country, collection) stated in the announcement. If order does not meet conditions, voucher will not be applied on order / purchase. 

Vouchers and Points Terms & Conditions

The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers") and points (“Points”).

1. “Vouchers” includes, but not limited to, coupon code, discount code, discount coupon, sale voucher, voucher code or any other form of discount available on Wine Talk site.

2. “Points” includes, but not limited to, reward points, referral points, review points, refund credits or any other form of store credits that a customer can use to shop at Wine Talk.

3. A “Customer” is any individual or entity that makes an order or purchase at Wine Talk website or via its sales team.

4. An “Order” or “Purchase” is an instruction from customer to Wine Talk to buy or obtain an item/s by paying for its full amount.

5. Vouchers and points are only valid on the Wine Talk website, mobile website or mobile applications (iOS & Android).

6. All voucher codes expire as per stated on individual codes. Points expire within 1 year from the date it's credited into the account. 

7. Vouchers and points are not transferrable or exchangeable for cash. 

8. Points can be used together with discount codes but no points will be earned from the value of the discount code.

9. Points can be used to pay for delivery fees and GST, provided that you have enough points in your account.

10. Points are earned from the total bill amount paid, excluding GST and delivery fees.

11. Points to be awarded do not include GST amount and delivery fees.

12. Points from different accounts cannot be combined.

13. A minimum of 500 points (RM5) within your account is required to apply on your purchase.

14. Unsuccessful orders and failed/cancelled transactions will not deduct your reward points. Should you encounter an error, please let us know via info@winetalk.com.my or call 1300 88 9788.

15. A valid voucher must be entered at the checkout page in order to redeem its value.

16.Customers can only use the specific voucher once unless otherwise stated in the promotion of that voucher.

17. Voucher validity is limited in time (from a few hours to a few weeks).  

18.  Wine Talk reserves the right to cancel or modify any order, or revoke the use of vouchers and points for any reason, including due to:

   - Suspicious or fraudulent purchasing activity, voucher use and/or points use;

   - Voucher and/or points abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or

   - Voucher and/or points used in bad faith (including resold vouchers or use of vouchers/points by customers purchasing products for the purpose of re-selling)

19. Unless otherwise stated, vouchers are not valid in conjunction with other promotions or discounts

20. Additional terms and conditions may be specified in relation to specific voucher code (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those vouchers. 

21. Wine Talk will not be liable and/or be required to offer replacement vouchers, discounts, credits, cash or otherwise compensate customers for:

   - Discontinued or cancelled vouchers;

   - Improper use of, or inability to redeem, a voucher; or

   - The inability to redeem a voucher due to technical issues.

22.  Wine Talk reserves the right to change these terms & conditions or cancel any promotions at any time and without notice

Ordering through the Site:
To receive delivery, you must live in a residential apartment, corporate address or home, and you (or your representative of legal age) must be present to receive your order from our delivery service during your selected delivery window. Additionally, after your second order with Wine Talk you may elect an alternate receiver located within your building to accept your delivery. This alternate receiver can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location.

Customers are under no obligation to tip the delivery team but have the option of doing so if exceptional service is provided by the person.

Credit Card Payment
Your credit card will be charged for your order on the day your order is taken. We will authorize your credit card for an amount equal to 100% of the total items in your order. Wine Talk will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Wine Talk reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due (which would include if a check is returned or electronic payment is rejected), Wine Talk reserves the right to cancel the order. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Wine Talk may incur in its efforts to collect any unpaid balances from you. Your right to use the Wine Talk Service is subject to limits established by Wine Talk and/or by your credit card issuer.

Payment Processor
PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE Wine Talk SERVICE, OR THE INTERNET. Wine Talk LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE Wine Talk SERVICE AND TO TERMINATE THIS AGREEMENT. Wine Talk RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. Wine Talk controls and operates this Site from its headquarters in Selangor, Malaysia, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

You agree to defend, indemnify, and hold Wine Talk Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Miscellaneous
Termination: This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Wine Talk may suspend or terminate this Agreement or the Wine Talk Service or remove or disable access to any portion of the Wine Talk Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Wine Talk Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Wine Talk reserves the right to collect fees and charges incurred before you cancel your Wine Talk Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices: Wine Talk may give notice to you of a change in this Agreement, a change in the Wine Talk Fee Schedule, and any other matter through a general posting on the Wine Talk Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Wine Talk by telephone at 1300 88 9788, by electronic mail (you may write in via our Contact Us form), or by conventional mail to:

Wine Talk Sdn Bhd
Office Suite 210, Level 2 - Block B, Phileo Damansara II
Jalan 16/11 Off Jalan Damansara
46350 Petaling Jaya, Malaysia
Tel: +603 7962 0698    Fax: +603 7954 0482

 Entire Agreement
This Agreement and the Privacy Policy referred to herein represent your entire agreement with Wine Talk regarding the use of the Wine Talk Service and the Wine Talk Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Wine Talk, and Wine Talk Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the Malaysia without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Wine Talk or relating in any way to your use of the Wine Talk Service or the Wine Talk Site resides in the federal and state courts of Kuala Lumpur and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Kuala Lumpur in connection with any such dispute, including any claim involving Wine Talk Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or is barred.

Third-Party Beneficiaries: The provisions of this Agreement are for the benefit of Wine Talk Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Wine Talk Service.

Amendment: Wine Talk may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on July 2015.