General Terms and Conditions for Subscription Products, Mystery Challenge, Wedding Favor, Pre-order and Pre-sale Products
- The following terms shall bear the definitions below, unless otherwise specified in this Agreement:
B. Information About Us
- We operate the trading name of Just a Dram using the website www.justadram.com. We are Effyis Group Limited, a company registered in Hong Kong Special Administrative Region having its registered office at Room 501, 5/F, Cambridge House, 26-28 Cameron Road, Tsim Sha Tsui, Kowloon, Hong Kong.
- To cancel the Contract (cancel the order) in accordance with your legal right to do so, please refer to paragraph 7 of this Contract.
- If you wish to contact us for any reason, including a complaint or a complement, you can contact our customer service staff via phone or email.
- If we need to contact you due to any reason, we will do so by phone call or email.
- We might record all our phone calls with you for the purpose of crime prevention and further staff training. We reserve the right to share the telephone records with the law enforcements agencies. Other than that, we will keep them strictly confidential.
C. Formation of Contract between You and Us
- By placing an order with us in any Purchasing Channel, you agreed to all the terms in this Contract.
- Pages on our Website will guide you clearly through all the steps you need to take to place an order with us on our Website. Our Website allow you to check and modified any errors before submitting your order. Please make sure to read and check all the details at all stage of the order process.
- If you place your order over the phone, email, fax or in-person, our customer service staffs will guide you through the process.
- After you place an order, you will receive an email from us acknowledging we have received your order. Please note that this does not mean your order have been accepted by us. Your order will only be accepted once we had Dispatched your order.
- The Contract will be formed once we had sent you the Dispatch Information via email.
- If we are unable to provide any of the Products you order for any reason (i.e. out of stock, unable to meet your request delivery date, unpredicted error of the system etc.), we will issue a refund of the full amount if you have already paid for the product promptly and the Contract will not form between us.
- Please note that in the situation highlighted in paragraph C.6, we will not be liable on any interest in respect of the period between the date you place the order and the date we refund the payment to you.
D. Age and Legal Restrictions
- According to the laws of Hong Kong Special Administrative Region, it is illegal for any person under the age of 18 to buy (or attempt to buy) alcohol or alcoholic product for themselves or for any other person under the age of 18 and for any adult to buy (or attempt to buy) alcohol or alcohol product for any person under the age of 18.
- You may only access our Website or purchase any Alcoholic Product from us if you are at least at the age of 18 and over the legal age to purchase and consume alcohol in your country of residence.
- By accessing our Website or purchase any Alcoholic Product from us, you warranty that you are not buying the product for any person under the age of 18 and of legal age to purchase and consume alcohol in both the country where you place the order and the destination country for your order.
- By placing an order to purchase our Product, you warranty us that it is lawful for you to order the Product in both the country where you place the order and the destination country for your order.
- You must check with the local authorities in the country where you place the order and the destination country for your order to ensure you are not violating any laws or regulations by ordering any Product from us.
- If you breach the warranty stated in paragraph D.3 and/or D.4, we may end the Contract and charge you for compensation and all costs that we incur.
- For the costs stated in paragraph D.6, we may deduct the compensation form the account (i.e. bank account, credit card account, PayPal account etc.) you used to pay for ordering our Product. We may charge you from that account in more than one payment.
E. Products and Packaging
- All images of all Products on our Website are for reference purposes only. Although we had made reasonable efforts to display their appearance accurately, we cannot guarantee your computer’s display will accurately reflect the appearance of our product. Therefore, the products we deliver to you may vary from our image on our Website.
- For subscription products, please select option you wish to join, in conjunction of the plan of the subscription, the period of the subscription, the frequency you wish to receive the subscription during the order process. These information cannot be changed once we had confirmed your order.
- For subscription products, the recipient address can be changed periodically. Please refer to your plan description for the time interval and contact us if you wish to change the recipient’s address.
- For subscription products, if you wish to change the address of the recipient more times than permitted for your plan, a HK$100 per change of address will be charged.
- At the end of the subscription, you will received an email on renewing the subscription, your subscription will not automatically renew in any circumstances.
- For mystery challenge, lack of information on the bottle is normal due to the nature of the challenge. We will only show the average ABV for all 6 bottles in the product for legal reason only.
- For wedding favor, please select the plan, the number of bottles and the whisky for tasting set during the order process. This information cannot be changed once we had confirmed your order (excluding changes that will result in an increase of product price).
- For wedding favor, the required time presented on our website is for reference purpose only. We do not guarantee any delivery time on any of the packages.
- For wedding favor, if you had paid for the express order option, we will quote you an estimated delivery time. In case we miss our deadline for any reason other than Force Majeure Event, we will refund the extra amount you pay for the express order option.
- For all pre-order and pre-sale product, we may cancel your order anytime due to over-sale of the product or cancelation of launching the product. In such case we will refund the full amount you paid for such order.
- If you wish to see Product’s specific packaging together with any Product you order, please contact us before you place your order so we can send you a reference.
- Unless otherwise stated, all Alcoholic Products we sell are in the quantity of 3cl (30ml). A 10% filling margin is completely normal as all our Products are bottled by hand.
- Information on our official tasting notes in our Packaging and on our Website are either retrieve from the corresponding distillery or written by our malt master. Since spirit tasting is totally subjective and we all have different taste buds, it is inevitable for some of us to taste something different from one another on the same product. Therefore, the Official Tasting Note does not form any part of the description of any of our products.
- The guided tasting card in our packaging is for your reference only. Any attempt of copying or distributing it without our permission is straightly prohibited.
- All sizes, volume, dimensions and measurements indicated on our Website have a reasonable tolerance. Since the product might varies from one another, the value you see on our Website is an average over a reasonable size database calculated by us.
- All weight indicated on our Website is for shipping calculation only. It does not represent the actually weight of the Product. If you wish to find out the weight of your order, please contact us before you place your order and our staff will gladly give you an accurate weight for it.
- Due to unpredicted changes of laws and regulatory requirements, we might change our Product from time to time without prior notice to you. We may also change our Product in order to make adjustments and improvements.
F. Prices and Delivery Charges
- The price of the Product you order will be as quoted on our Website at the time you place your order.
- Prices for each Product might change from time to time. These changes will not affect any order you have already placed.
- Prices on subscription boxes and wedding favor had already include delivery charges. If you wish to apply for express shipping option, please contact us directly before you place your order.
- For all other products, prices on each product do not include delivery charges. You can check the delivery charges on our Shipping and Delivery page or at checkout.
- We may add new product from time to time. There is always a possibility that we might price a Product incorrectly. We hold the right not to sell any Product to anyone if there is a pricing error.
- If the Product correct price is less than the price stated on our website, we will simply charge you the lower amount.
- If the Product correct price is higher than the price stated on our website, we will issue a refund and notify you promptly. We will treat the order as a canceled order.
- All prices on our website is based on Hong Kong Dollar (HKD). Our Website has the function to display approximate prices in other currencies. The price shown is for reference only and may differ form the actual amount when you checkout. The total amount will be displayed in HKD before you place your order.
- If you pay the amount by credit card, the currencies rate may change from time to time and there may be additional fees and charges that we shall not be able to estimate.
- If you are paying via bank transfer, please settle the payment in full in HKD only and make sure all bank charges will be deducted on you end.
G. Payment Method
- You may use any of the Payment Methods listed at the payment stage during checkout.
- Orders will only be Dispatched upon complete settlement of the order and delivery charges applicable to the order. We reserve the right to end the contract if any payment details you provide us is fraudulent.
- To ensure your payment information is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against third party databases. When you place your order, you agree to such checks being made.
- All information provided by you for matter listed in clause G.3 shall only be used for the sole purpose mentioned in clause G.3.
H. Cancelation of orders
- Not in contradiction with paragraph H.8, you may cancel you order and request a refund before we Dispatch your order.
- Please contact us via phone, email ASAP and stating you name and details of the order to help us identify your order.
- Please also explain why you would like to cancel your order.
- We will contact you to confirm the cancelation.
- Please refer to paragraph L for the refund process.
- For subscription boxes orders, once you had received your first issue, it is impossible for us to cancel your remaining issues.
- For wedding favor orders, all orders are not refundable anytime after we had confirmed your order due to the nature of the Product.
- We reserve the right to refuse to refund wholly or partially of an order if we believe the request for a refund is:
- Wholly or partially fraudulent; and
- Is made improperly.
I. Delivery of Products
- The delivery cost shall be displayed when you checkout. You may also find the information of the cost on our shipping and delivery page.
- The information listed on our shipping and delivery page are for reference purpose only. We do not guarantee the shipping time of shipment shown on the page will be the actual shipping time for your shipment and we shall not be accusable for any deadline from the information derive from such page.
- We charge all our shipping cost in a fix rate manner.
- If no one is available at the destination address and you did not give us further instruction at the time you place your order, our Delivery Carrier will usually leave your shipment in a safe place or leave you a note which informs you an attempted had been made to deliver the shipment. You shall contact the Delivery Carrier to settle a later time and place to receive the shipment.
- Delivery of a shipment shall be completed when you had signed or received the package form the Delivery Carrier or the Delivery Carrier tracking system had indicated you had received the package.
- You own the product once we had Dispatched the Product to you. You will be liable for any additional duty, taxes, tariffs or fees levied derive from the shipment.
- If we had agreed a delivery deadline prior dispatching the Product and we miss that deadline due to our negligence, you may cancel your order and request a refund.
- If you wish not to cancel your order in situation describe in paragraph I.7, you may give us a new reasonable deadline for the delivery and you may cancel your order if we do not meet the new deadline.
- If you wish to refuse delivery due to any reason, you may contact us anytime to file a case of return and refund as listed in paragraph L.
J. International Orders (All Delivery Outside of Hong Kong)
- We deliver to countries listed on our International Orders page. Please note that restriction applies to international orders, so please review our policy carefully before you place any order.
- We shall not be liable for any compensation for any International Orders for reasons including but not limited to lost or damaged of the shipment or if the shipment is seize by customs or the shipment is not delivered due to any unpredictable reasons.
- If you order any product for delivery to any International Destination, you are solely responsible for any additional duty, taxes, tariffs or fees levied. Please note that we have no control over these charges and we cannot predict the amount chargeable.
- You shall be the sole person to make sure the shipment will comply with all applicable laws and regulation of HKSAR and the destination country of the shipment. We shall not be hold liable or responsible on any fine or penalty imposed on the shipment due to your country’s alcohol shipping laws and regulations.
- Unless otherwise requested by you, we declare all shipment as “Whiskies” or “Alcoholic Products” with its true purchase value.
- If you choose not to declare your order appropriately as “Whiskies” or “Alcoholic Products” or with the true purchased value, it is impossible for us to assist you in filing a claim for insurance.
- While you are still welcome to have your parcel ship discretely, we strongly encourage a declaration of “Whiskies” or “Alcoholic Products” on all orders.
- Please be aware that if you choose to have your shipment ship discretely, it will be impossible for you to file any return nor refuse the delivery.
K. Replacement of Defected Product or Miss-delivered Products
- We warrant that we will use our best endeavors to ensure all our Products is in a reasonably merchantable condition when received by you.
- We will replace any product that had indicated a spillage or damaged during the shipping process (i.e. broken bottle or broken safety seal) or any product where we have mistakenly delivered.
- You shall notify us within 14 days of you receiving the order to request a replacement.
- The 14 days period shall be calculated from the date of arrival contained in the shipment tracking information.
- Please note that any damaged occurred to the Packaging other than the Bottle itself is not a reason for you to request a replacement.
- If more than half of the Bottles is contaminated by any leaked Bottle (i.e. damaged label, soaked safety seal) or has indicated a leakage, you can request a replacement for the whole order.
- You shall provide evidences to support the reported problem. We reserve the final decision of the Bottle’s condition. In cases where we determine there is not enough evidence to support the claim, we will dismiss the claim.
- We will pay for the replacement order’s shipping fee.
- Please be aware that you shall be solely responsible for any additional duty, taxes, tariffs or fees levied derive from the replacement shipment due to legal reason.
- Replacement shipment can only be send to the same delivery address as the material order.
- For subscription box, mystery challenge and wedding favor products, if we cannot replace the Product, we will issue a one-time refund.
- For International Orders, you may request a refund for the damaged product instead of a replacement order if you would like to avoid further duty, taxes, tariffs or fees levied derive from the replacement shipment.
L. Exchange, Return and Refund
- Due to the nature of our Products, we cannot offer any exchanges.
- Due to the nature of our subscription box, mystery challenge and wedding favor products, we cannot offer any return for these products.
- For situation described in clause E.9, we shall issue a one-time refund for the express order option if we missed the deadline.
- You can file a case for return and refund for any of the Products (excluding ones mentioned in clause L.2) you order from us for any reason if you feel unsatisfied.
- You shall notify us within 14 days of you receiving the order to indicate you would like to return and refund for your the Product.
- The 14 days period shall be calculated from the date of arrival contained in the shipment tracking information.
- You will receive an email about the return process once you had filed a return case with us. A mailing address will be provided to you in it and you shall send the product back to us to the address shown in the email.
- Please submit the order number for us when you return the product to allow us to identify your order.
- For any condition other than one listed in clause E.10, F.6, H.1, I.7, I.8, K.11, K.12 and L.3, a 20% restock fee of the calculated from whole order will be deducted form the refund.
- You shall be solely liable for any shipping cost or additional duty, taxes, tariffs or fees levied derive from the return shipment.
- Any payment you had paid for shipment is not refundable.
- We shall issue the refund after deducting all cost listed in L.8 and L.9 once we received the shipment and determine the Product is in a resalable condition.
- Any damage on the Product (i.e. damage to the bottle, damage to any label, seals, damage to the tasting notes etc.), will be considered in a non-resalable condition.
- For returned Products that is classified as non-resalable condition, no refund will be issued and the material Product will be destroyed under the supervision of our staffs.
- Please be aware that your total sum of the refund might potentially reduce to zero or even below zero. In such case, we will not charge you for any further fund and we will not issue any refund to you either.
- We can only refund using the original method of payment to the same payment account.
M. Amendment of these Terms and Conditions
- We may amend these terms from time to time without prior notice to you. Please look at the top of the page for a notification of any major amendment.
- For all orders you place with us, the terms in force at that time will be applied to the contract between you and us.
- The amendments of these terms will be applied to you not constrained by any timeframe if the changes are in relevant to new laws and regulatory requirement or in relevant to the way we conduct business.
N. Other Rights
- We reserve the right to refuse any order from on our sole discretion.
- By placing a wedding favor order with us, you agree to let us use your final product and other in-completed product for marketing our company's marketing use.
- Personal Data Collection Statement: The provision of personal data is voluntary. However, failure to provide such data may make it impossible to process your reservation and communicate with you. Purpose of Collection: The personal data you provide shall be used for processing your order, future correspondence and in relation to activities for the promotion of this company. Transfer of Personal Data: For the purposes of collection mentioned above, the personal data you provide may be disclosed to Government departments, organizations and service contractors that are directly involved in this company. Access to / Correction of Personal Data: In accordance with the Personal Data (Privacy) Ordinance, you have the right to request access to and correct the personal data provided. Requests should be made in writing to [Effyis Group Limited: Room 501, 5/F, Cambridge House, 26-28 Cameron Road, Tsim Sha Tsui, Kowloon, Hong Kong].
- You shall indemnify and hold us (and its directors, officers, agents, representatives, employees and any company in relation of Effyis Group Limited) harmless from and against any and all claims, suits, liabilities, judgments, losses, costs, expenses and damages (including legal costs on a full indemnity basis) arising out of or in connection with any claim or suit, demand or request by the customer.
- No Waiver. No delay of or omission in the exercise of any right, power or remedy accruing to any party under this Contract shall impair any such right, power or remedy, nor shall it be construed as a waiver of any future exercise of any right, power or remedy.
- Unless otherwise expressly provided in this Contract, no representations, warranties, or guarantees of either party not contained in this Agreement shall be binding on the parties.
- If a dispute has occurred about the Contract, we reserves all right on how the terms should be interpreted and reserve the right of final decision.
- This Contract shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region and the parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region for the purpose of enforcing any claim arising hereunder.
- If a clause of this Contract is determined by the courts of Hong Kong Special Administrative Region to be unlawful and/or unenforceable, the other clauses of this Agreement will continue in effect.