Terms and Conditions

TERMS AND CONDITIONS (the “Terms”) 

The Terms apply to all wines, spirits or other Goods or services supplied by the Company to the Customer. Please read these Terms carefully before placing your order and retain a copy of these Terms and your order for future reference. 

By accessing and/or using www.bulsingwines.com (the “Website”), the Customer accepts these Terms and agree to be bound by them. The Company reserves its rights to vary or modify the Terms from time to time in its sole and absolute discretion without prior notice to the Customer. The varied or modified version of these Terms shall be posted on the Website from time to time and such posting shall constitute sufficient notice to the Customer of the variation or modification. The variation and modification shall take effect on the date of the posting of the same on the Website. 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. 

 Please feel free to contact us via email at office@bulsingwines.com if you have any questions.

1. DEFINITIONS

“Company”, “we”, “our” or “us” refers to Bulsing Wines Ltd;

 “Customer”, “you” or “your” refers to any person, firm, company, corporation or body which utilizes our products and services; 

“Goods” 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 Singapore; 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.

2. INSTRUCTIONS

2.1 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.

2.2 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.

3. CUSTOMER’S ACKNOWLEDGEMENT

The Customer acknowledges and agrees that: 

a. The Customer is eighteen (18) years of age or over, and in line with the Company’s age verification policy and to comply with Singapore’s licensing law, the Customer may be asked to produce photographic identification with proof of age. 

b. Any order made by the Customer from the Company is an acknowledgement that:

i. The Customer accepts these Terms, and has the capacity to enter into a legal contract with the Company in relation to these Terms and be bound by the Terms;

ii. 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;

iii. The Terms shall be subject to the Privacy Policy available at https://bulsingwines.com/privacy-policy

iv. 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.

c. The transmission of an offer or the confirmation of any payment, made through an electronic instruction may not be received by the Company for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third-party website providers or systems. To the fullest extent permitted by law, the Company is not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, any failure to receive an electronic instruction for whatever reason, or any losses sustained by the Customer in transmitting payment information. 

d. 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 Company may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

4. ORDERS

4.1 The Company recommends that the Customer carefully preview any proposed orders (online or offline) before proceeding with their order(s). 

4.2 Any representations made at any time about stock availability on the Website are accurate to the last known stock level and are subject to change. 

4.3 The Customer’s order is an offer to buy from the Company. There will be no contract of any kind between the Customer and the Company unless and until we accept the Customer’s order and, in the case of wines and Goods to be delivered to the Customer, when we actually dispatch the Goods to the Customer. At any point up until then, the Company may decline to supply the Goods or services to the Customer without giving any reason. 

4.4 The Customer will receive a confirmation email from the Company as soon as practicable after the Customer has confirmed the order details on the Website and made payment. Please note this email does not constitute acceptance of the order by the Company but merely confirms the Company’ receipt of the Customer’s order.

4.5 Rejected orders: 

a. If your order is not accepted, the Company will notify you by telephone, email or text message and arrange for a full refund of any payment made by the Customer to be processed. 

b. 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. 

c. 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.

4.6 Accepted Orders: 

a. At the moment the Company accept the Customer’s order or in the case of delivery of Goods, when the Goods are dispatched, a binding contract will be made between the Customer and the Company, (the “Order”). 

b. Once an Order has been accepted by the Company, no cancellation of that Order is valid until the Customer receives the Company’s written communication permitting the cancelled Order in accordance with Clause 12 (Termination). 

4.7 Should the Customer have any questions regarding their Order or order detail(s), they may contact the Company’s customer service team at office@bulsingwines.com.

5. DESCRIPTION & PRICES

5.1 Prices shown are in Singapore dollars (S$), and are subject to currency and market fluctuations, changes in duty and GST as well as stock remaining unsold. If any other currency is stated, this is subject to currency fluctuations and is an indication only.

5.2 Unless otherwise stated, 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, and Website. The Company reserves the right to amend the listing prices, or any such errors published on the Website at any time without giving any reason or prior notice. 

5.3 If, by mistake, the Company has under-priced 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.

5.4 Unless otherwise stated, accessories shown in any image of Goods are not included in the price.

6. DELIVERY OF GOODS

6.1 The Customer may request for the delivery of the Goods to be arranged by the Company on his or her behalf and expense at prevailing rates of charge in accordance with the Website’s Price List: 

a. Orders of S$200 or more (per delivery address) are delivered free of charge throughout Singapore. 

b. The Company offer a delivery service for orders of less than S$200 (excluding delivery charge) at a flat rate of S$20 per delivery.

6.2 If the Goods ordered are in stock, the Company will endeavour to dispatch orders within four (4) to seven (7) Working Days from receipt of order. The Company normally deliver between 1pm and 8pm on Monday, Wednesday and Friday.

6.3 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. If you wish to change the delivery date or delivery address, you must contact the Company at least forty-eight (48) hours prior to the dispatch of your Order.

6.4 Where delivery of the Goods is arranged by the Company upon the Customer’s request, such Goods will be delivered on the Customer’s behalf to an address provided by the Customer entirely at the Customer’s own risk and expense. If there is no one available to accept delivery on the pre-arranged delivery date, the Customer will be charged for storage, transport and re-delivery costs.

6.5 The Company shall not be responsible or liable for any acts or omissions arising in relation to the handling, packing, transportation or delivery of the Goods by any third-party service provider engaged by the Company on the Customer’s behalf to carry out the delivery of the Goods. 

6.6 It is the Customer’s responsibility to obtain sufficient and appropriate insurance coverage for any damage or loss to the Goods during the course of delivery to the Customer whether caused by the Company or otherwise. The Customer shall be responsible for any and all customs duty payments, applicable charges as stipulated in the Price List and/or out-of-pocket expenses which may be payable and/or incurred in the retrieval, collection and/or delivery of the Goods from the Company’s warehouse. 

6.7 Unless otherwise agreed by the Company, the Company will not be liable or shall not accept responsibility for delivery failures or delays by our third-party delivery contractor, or if the Goods are damaged owing to the neglect, omission and/or negligence by our third-party delivery contractor. 

7. PAYMENT

7.1 The Customer can only pay the Company by such payment method and in such currency as the Website stipulates, failing which the Customer’s Order will not be processed by the Website. Payment can be made as follows: 

a. Credit and Debit Cards;

b. PayNow;

c. Apple Pay; and 

d. Google Pay

7.2 The Company’s standard policy is to process payment at the time of ordering. All payments must be made in full prior to dispatch of the Order, 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.

7.3 In the event payment is not received within seven (7) working days, the Company reserves its rights to cancel the Customer’s Order. 

7.4 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. The Customer will be liable for all debt collection costs where failure to make payment for any order when payment is due.

7.5 In the event that payment:

a. is overdue: interest will be charged on all sums due at a monthly rate of 2% starting from the date payment becomes due and shall be compounded on a monthly basis until such time as payment of the original debt and any accrued interest is received in full. When demanded, the Customer must pay interest together with other debt collection charges incurred and the overdue amount.

b. is overdue and payment is not made within one (1) month from the due date for payment: the Company reserves the right to consider the Customer’s use of or request to use the Company’s services abandoned without prejudice to the Company’s right to terminate the Order or the Company’s other rights under these Terms and other remedies available at law.

7.6 The Company reserves its right to carry out any additional or other methods to recover the debt, including commencing proceedings without further reference to the Customer. In such event, the Customer shall indemnify the Company on a full indemnity basis for all costs and expenses (including legal fees) incurred by the Company in enforcing its rights hereunder.

8. REFUND POLICY 

8.1 The Customer shall inspect the Goods when he or she takes delivery of them. 

8.2 The Customer shall be entitled to a refund of the Order, in the following situations: 

a. If any Goods ordered by the Customer arrives damaged or is not of acceptable quality, the Customer shall inform the Company within fourteen (14) days of the delivery of the Goods, and subject to the Company’s sole discretion, the Company may have the damaged Goods replaced (with the same item) or refunded (if item is out of stock) upon the Customer’s production of the proof of purchase. 

b. If there is no confirmation on the Order within seven (7) Working Days, the Customer has the right to cancel and ask for refunds with proof of purchase (order invoice number and receipt).

8.3 Should either of the above occur, please contact our Customer Service Team at office@bulsingwines.com. We will endeavour to have the Goods replaced/refunded within fourteen (14) Working Days to you via the original payment method. 

8.4 Clause 8.2 shall not apply if the damage and/or defects are due to: 

a. failure of the Customer to store, install, use, or maintain the Goods in accordance with any instructions the Company may give;

b. the Customer or any third party altering the Company in any way, including in attempts to repair, without the consent or authorisation of the Company; or

c. ordinary wear and tear, wilful damage, negligence, abnormal working conditions, or misuse.

8.5 The Customer acknowledges and agrees that all costs associated with the refund process imposed by the processing bank and/or payment service provider(s), including fund transfer fees and foreign exchange gains/losses shall be borne by the Customer. The Company shall bear the costs of any transport of Goods for the purposes of executing replacements under this Clause 8. 

9. RIGHT OF LIEN

9.1 All Goods and documents relating to the Goods shall be subject to a particular or general lien and/or charge for any and all sums due and owing to the Company from the Customer. If any sum remains unpaid for more than three (3) months after the payment due date the Company may at its sole and absolute discretion liquidate, sell or otherwise dispose of all or any portion of the Goods and apply the net proceeds in or towards satisfaction of the sums due, owing and payable to the Company (including interest) by the Customer. 

9.2 If the Company liquidates, sells or otherwise disposes of the Goods, the surplus proceeds in excess of the amount owing to the Company (if any) shall be refunded to the Customer without any liability on the part of the Company for interest.

10. FORCE MAJEURE

10.1 The Company shall not be liable for any failure to meet its obligations occasioned by circumstances beyond the Company’s reasonable 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, (each a “Force Majeure” event). 

10.2 If the Company shall be prevented by a Force Majeure event from performing or observing its obligations under this Terms and the Order, the Company shall make every effort to remove, remedy or mitigate the cause or effect of the Force Majeure event, and further performance of the Company’s obligations shall be suspended for so long as the Company remains so prevented or hindered.

10.3 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 the Terms and the Order. 

10.4 If a Party is wholly unable to perform its obligations under these Terms because of the Force Majeure event, the Terms and the Order shall be treated as frustrated, and the Frustrated Contracts Act 1959 shall apply. 

11. LIABILITY AND INDEMNITY 

11.1 The Customer acknowledges and agrees that: 

a. 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.

b. The Customer will at all times indemnify, and hold harmless 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, acts, failures, omissions and defaults, or any breach of these Terms or any such tax, duties, excise or licence fee liability in connection with these Terms (with the exclusion of taxes payable by the Company on its income), arising directly or indirectly from or in connection with the Customer’s instructions and/or these Terms, or any such loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage the Customer might suffer as a result of:

i. Errors, mistakes or inaccuracies on the Website, emails, Price List, not limited to other marketing collaterals.

ii. The Customer acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website.

iii. Personal injury or property damage of any kind resulting from the Customer’s access or use of the Website.

iv. Any unauthorized access to or use of the Website’s secure servers.

v. Any interruption or cessation of transmission to or from the Website.

vi. Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party.

vii. The quality or fitness for any purpose of any linked sites.

c. 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.

11.2 Save to the extent it is proven that any injury, loss or damage to the Customer is incurred due to or arising from the willful 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. For the avoidance of doubt, the Company will not be liable for, without limitation:

a. Any deterioration or degeneration in the condition, appearance, quality or quantity of the Goods, including without limitation the liquid, corks, labels, capsules, storage cases and/or packaging;

b. Any injury, loss, damage, misplacement, destruction, late delivery or non-delivery or unavailability of or to any Goods deposited and stored with the Company howsoever caused; and/or

c. Permitting access to the Goods to a person who is, or reasonably appears to be, a person designated or authorized by the Customer by virtue of the similarity of the signature provided by such person to the specimen signature of the designated or authorized person.

12. TERMINATION

12.1 Subject to the Company’s sole discretion, the Customer shall be entitled to amend or cancel any such Order by submitting the details of such amendment or cancellation in writing to the Company at ivo@bulsingwines.com. If the Goods have already been dispatched, the Customer is not entitled to amend or cancel the Order, but may only return the Goods for a refund in accordance with Clause 8 (Refund Policy). 

12.2 The Company may cancel or terminate an Order, if for whatever reason the Company finds itself being unable to fulfil the Order. In such event, the Company will be liable to the Customer for a reimbursement of the Order price, if the said Order price has already been paid to the Company.

12.3 In the event the Order is terminated, each Party shall no longer owe any obligations due in the future to the other Party, save for the Company’s obligation to make the refund in accordance with Clause 8 (Refund Policy), once a request for refund has been initiated. 

13. GENERAL TERMS 

13.1 Governing Law & Jurisdiction: The Terms shall be governed by and construed in all respects in accordance with the laws of Singapore and the Parties irrevocably submit to the non-exclusive jurisdiction of the Singapore Courts.

13.2 Severability: If any part of these Terms are 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 will remain in force and constitute the agreement between the Customer and the Company.

13.3 Rights of Third Parties: A person who is not a party of these Terms shall not have any right under the Contracts (Right of Third Parties) Act (Cap. 53B), to enforce any provision(s) of these Terms. The Terms are personal to the Customer and the Customer may not assign or transfer any of his rights, benefits and obligations under the Terms without the prior written consent of the Company.

13.4 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 data, content and rights that the Company has collected from you and any agreements it has made with the Customer.

13.5 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.

13.6 Protection of Personal Data: The Privacy Policy outlines the Company’s policy and responsibility in relation to the collection, use and disclosure of Customer Data, in accordance with the Singapore Personal Data Protection Act 2012 as well as any regulations enacted thereunder and any guidelines that may be issued from time to time by the Personal Data Protection Commission. 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 (as amended from time to time) in respect of the Company’ collection, use and disclosure of their personal data.