Terms of Service Policy
1. DEFINITIONS
“Company”, “we”, “our” or “us” refers to Village Cellars Ltd
“Customer”, “you” or “your” refers to any person, firm, company, corporation or body which utilizes our products and services
“Good(/s)” or “item(/s)” refers to any beer, wines or spirits — whether in bottles, cases or carton — sold by the Company;
“Working Day” refers to any day from Monday to Friday, excluding public holidays in Japan; and
“Price List” refers to the applicable rates and charges of the services offered by the Company, as may be revised from time to time at the sole and absolute discretion of the Company.
Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference. The company reserves the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. These terms and conditions apply to all wines, spirits or other Goods or services supplied by the Company to the Customer.
Village Cellar Ltd’s registered office address is at 富山県氷見市上田上野 6−5 Uwada Ueno Him Toyama Japan, 935-0056. You can contact us via email at wine@village-cellars.co.jp
2. USER AGREEMENT
By accessing and/or using the website, the Customer accepts these Terms and agree to be bound by them.These terms and conditions are subject to change from time to time by the Company in its sole and absolute discretion without prior notice to the Customer, and their access to this website may be terminated at any time without notice. The Customer’s continued use of the website following any amendment of these Terms will represent an agreement by them to be bound by these Terms as amended. The company recommends the reviewing of the Terms for amendments each time the Customer uses the website and before placing any Order. Whilst the company is under no obligation to do so, should the Company choose to provide the Customer with notice of amended Terms, the Customer agrees to receive email notification of the amendments from the Company or their third party. No variation to or alteration of these terms and conditions will bind the Company unless made in writing and signed by an authorized representative of the Company.
3. INSTRUCTIONS
The Customer shall be responsible for the accuracy and completeness of all instructions given to the Company and the Company is entitled to accept and rely on any instructions given by any person who is, or is reasonably believed to be, a person designated or authorized by the Customer to give such instructions.
The performance of part or all of the Customer’s instructions may, at the Company’s sole and absolute discretion, be fulfilled by the Company, its employees, officers, servants and agents and/or by any third party engaged by the Company on the Customer’s behalf.
4. LEGAL CAPACITY
The Customer MUST be eighteen (18) years of age or over, or have a parental/guardian conscent, to register as a member of the website or purchase Goods or services from the website.
Any Order and/or purchase made by the Customer from the Company is an acknowledgement that:
a. The Customer is over the age of eighteen (18) years, or has appropriate approvals;
b. The Customer accepts these Terms;
c. The Customer agree that they have entered into a legal contract with the Company in relation to these Terms;
d. These Terms, together with the Customer’s Order, constitute the entire agreement between the Customer and the Company for the supply of Goods or services. The Company reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage of any kind the Company may suffer as a result of a transaction entered into by a minor.
5. ORDERS
The Company recommends that the Customer carefully preview any proposed Orders (online or offline) before proceeding with their Order. The customer’s order is an offer to buy from the Company. At the moment the Company accept the Customer’s order or in the case of delivery of Goods, when the Goods are dispatched, a contract will be made between the Customer and the Company.
If the Company is unable to accept the order, the Customer will be informed of this and will not be charged for the goods. This might be because: certain goods are out of stock, the credit reference obtained from the Customer does not meet our minimum requirements, the Company has identified an error in the price or description of the goods or because we are unable to meet a delivery deadline the Customer has specified.
6. CUSTOMER’S ACKNOWLEDGEMENT
The Company may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to the Customer.
The Customer will receive a confirmation from the Company as soon as practicable after the Customer has confirmed Order and made payment. Should the Customer have any questions regarding their Order, they may contact the Company’s customer service team at wine@village-cellars.co.jp or 0766-72-8680.
The Company may, in its sole and absolute discretion, accept or reject any offer made by the Customer for any reason (or no reason), including an error in the advertised price for, or description of, Goods or services on the website, or an error of any kind in or relating to the Customer’s Order.
Any representations made at any time about stock availability are accurate to the last known stock level and are subject to change. If the Company cannot supply particular Goods, a notification through telephone, email or text message will be sent to the Customer at the earliest possible time.
7. DESCRIPTION & PRICES
Prices shown are in YEN. Prices may not include delivery and handling charges or taxes. The description and prices payable for the items or services for ordering are set out in the Company’s emails, price list, website and not limited to other platforms. The prices are valid until amended or removed from the website and are subject to change at any time.
If, by mistake, the Company has underpriced an item or service, we will not be liable to provide that item to the Customer at the stated price provided that we notify the Customer before we dispatch the item concerned or, and we may cancel the order provided we refund any payment made. The Customer may agree to pay the correct price, in which case, the Company will proceed with the order. In the event that the Customer has been overcharged for an item, a full refund of the difference will be given upon showing receipt of purchase.
Unless otherwise stated, accessories shown in any image of Goods are not included in the price.
The Company reserves the right to correct any errors published on the website at any time.
Prices are subject to currency and market fluctuations, changes in duty and VAT as well as stock remaining unsold. If any other currency is stated, this is subject to currency fluctuations and is an indication only.
8. PAYMENT
Our standard policy is to process payment at the time of ordering. All payments must be made in full prior to dispatch, including any applicable delivery or handling charges/taxes.
Payment made via respective payment gateway facilities accessible via the website will be subjected to any additional terms and conditions of these providers.
To the extent permitted by law, the Company will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by the Customer where a credit card or payment account is fraudulently used or is used in an unauthorized manner.
If there is a problem with the payment, the Company may contact the Customer to make alternative payment arrangements.
9. RETRIEVAL, COLLECTION AND/OR DELIVERY OF GOODS
Subject to the Customer complying with these Terms and acceptance of their Order by the Company, the Company will sell and supply the Goods or services to the Customer as shown on the Order confirmation.
Orders of 20,000 yen or more (per delivery address) are delivered free of charge throughout Japan. If the Goods ordered are in stock, the Company will endeavour to dispatch orders within two (2) business days (Monday to Friday, closed public holidays) from receipt of order. Please specify a desired delivery date/times and we will do our best to accomodate using domestic courier services.
We offer a delivery service for orders of less than 20,000yen (excluding delivery charge) at a flat rate of 990yen per delivery (tax inclusive).
Delivery dates are estimates only and the Company is unable to accept any liability for failure to deliver the Goods within the specified time resulting from shipment/delivery delays from suppliers.
10. FORCE MAJEURE
The Company shall not be liable for any failure to meet its obligations occasioned by circumstances beyond the Company’s control including (but without limiting the generality of the foregoing) acts of God, exceptional weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, power failures, telephone or land-line connection failures, impacts with or by air crafts or aerial objects, explosions, hostilities, insurgencies, invasions, epidemics, quarantines, acts of foreign or public enemies, hijacking or unlawful seizure or wrongful exercise of control of vehicles, curtailment of transportation facilities, civil commotion, riots, industrial disputes, industrial actions by workmen, shortage of labour, Goods and materials, acts or regulations of government, strikes, lock-outs or other industrial action, floods, power outages, terrorism or threats of terrorism, public health threats, war and civil disturbance, nuclear threats, nuclear accidents and/or nuclear contamination. Further performance of the Company’s obligations shall be suspended for so long as the Company remains so prevented or hindered.
The Company shall be under no liability whatsoever to the Customer for any direct, indirect, special, incidental or consequential loss and/or expense, whether contemplated by the parties or not, including loss of profit suffered by the Customer or claims by any third party against the Customer arising out of or in connection with this Agreement.
In the event that the Company is unable to fulfil its obligations under these terms and conditions due to a Force Majeure event, the Company is under no obligation to return to the Customer any amount already paid.
11. DISCLAIMER RELATING TO THIRD PARTIES’ ACTS & OMISSIONS
The Company will exercise reasonable care when handling, packing, transporting and/or delivering Goods deposited by the Customer but the Company shall not be responsible or in any way liable for any act or omission of third parties engaged for these purposes. If the Company suggests, refers or recommends any third-party service provider to the Customer, the Company shall similarly not be responsible for any act or omission of such third-party service provider.
12. LIABILITY
Save to the extent it is proven that any injury, loss or damage to the Customer is incurred due to or arising from the wilful neglect or default of the Company while the Goods were in the Company’s actual custody and control, the Company will not be liable for any direct, indirect, special, incidental or consequential injury, loss or damage whatsoever that may be caused to the Customer or any third party arising from, relating to and/or incidental to any act or omission by any party, including the Company.
13. DISCLAIMER AND INDENMITY
To the fullest extent permitted by law (and without limitation to any other provision of these Terms), the Company, and each of its related entities, exclude all liability to the Customer or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website (or any Goods or services purchased on the website) including, but not limited to, loss or damage the Customer might suffer as a result of:
a. Errors, mistakes or inaccuracies on the website, emails, price list, not limited to other marketing collaterals.
b. The Customer acting, or failing to act, on any information contained on or referred to on the website and/or any linked website.
c. Personal injury or property damage of any kind resulting from the Customer’s access or use of the website.
d. Any unauthorized access to or use of the website’s secure servers.
e. Any interruption or cessation of transmission to or from the website.
f. Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party.
g. The quality or fitness for any purpose of any linked sites.
Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, the Company and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of the Customer’s access to or use of the website or any Goods or services purchased on it.
Except as expressly stated in these Terms, the Company do not give any representation, warranties or undertakings in relation to the Goods or services on the website. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, the Company will not be responsible for ensuring that any Goods or services are suitable for the Customer’s purposes.
The Customer will at all times indemnify, and keep indemnified, the Company, and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by the Customer or by any of them arising from any claim, demand, suit, action or proceeding by any person against the Customer or the Company’s related entities where such loss or liability arose out of, in connection with or in respect of the Customer’s conduct or any breach of these Terms.
14. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in all respects in accordance with the Laws of Japan and the parties irrevocably submit to the non-exclusive jurisdiction of the Japanese Courts.
15. SEVERABILITY
If any part of these terms is found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between the Customer and the Company.
16. TRANSFER AND ASSIGNMENT
If the Company merges, sells or otherwise changes control of its business or this website to a third-party, the Company reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that the Company has collected from you and any agreements it has made with the Customer.
17. WAIVER
The failure by the Company to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by the Company.
As a valued customer, the Company would like the Customer to be familiar with our trading terms, to ensure that the Customer’s experience is a satisfying one. Please feel free to contact our Customer Service Team for any further questions.
18. Privacy Policy
By continuing to use the Company’s services, the Customer signify that they have read, understood and agree to be bound by the Privacy Policy on this website, which is amended from time to time.
19. ADDRESS & CONTACT
Village Cellars K.K., 6−5 Uwada Ueno Him Toyama 935-0056
Email: wine@village-cellars.co.jp