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Terms of service

OVERVIEW

The Bottle Shop e-commerce platform www.thebottleshop.vn (the “Site”) is operated by Three Blind Men Ltd. Co. (“Three Blind Men”). Throughout the Site, the terms “we”, “us” and “our” refer to Three Blind Men. 

By visiting the Site and/or purchasing something from us, you engage in our “Service” and agree that you have read, understood and are bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions and policies referenced. If you do not agree to all these Terms, please do not access and/or use this Site and/or any part of the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. These Terms of Service apply to all users of the Site including, but not limited to, browsers, vendors, customers, merchants, and/or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1: ONLINE STORE TERMS

It is an offence in Vietnam to sell alcohol to anyone under the age of 18. By placing an order with us, you are confirming that you are 18 or older. If you are buying alcohol for someone else, you agree to ensure that the recipient is at least 18.

Deliveries must be accepted by a person aged 18 or older. If our couriers are in any doubt about the age of the recipient on delivery, they may request some form of ID. We reserve the right to cancel the delivery if the age and/or identity of the recipient is in doubt.

Purchase orders made on the Site (“Orders”) are irrevocable and unconditional. All Orders will be deemed to be irrevocable and unconditional upon transmission through the Site and we are entitled (but not obliged) to process such Order(s) without your further consent and any further reference or notice.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any or no reason at any time.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3:  ERRORS, INACCURACIES AND OMISSIONS

From time to time, this Site may contain technical inaccuracies, typographical errors, omissions, historical information relating to, but not restricted to, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The information on this Site is provided for your reference only and it is your responsibility to confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described on this Site. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this Site at any time, but are under no obligation to update any information on the Site, except as required by law. We reserve the right to correct any errors, inaccuracies or omissions, and to change, update or cancel orders if any information in the Service or on any related websites is inaccurate at any time without prior notice (including after you have submitted your order). You agree that it is your responsibility to monitor changes to the Site and your orders.

SECTION 4: MODIFICATIONS TO THE SERVICE & PRICES

Product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable for any modification, price change, suspension or discontinuation of the Service.

SECTION 5: PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We make every effort to accurately represent the features and characteristics of our products on the Site, but we cannot guarantee that your mobile devices or computer monitors will display the accurate colours and features.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6: PASSING OF RISK & TITLE

Risk of damage to or loss of the Products shall pass to you at the time of delivery or if the deliverer of the products is a third party, the risk of damage or loss of the Products shall pass to the customer at the time we deliver the Products to the deliverer.

Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms, the ownership of the Products shall not pass to you until we have received payment in full of the price of the Products.

Until the ownership of the products passes to you we shall be entitled to demand you to return the products to us and in the event of non-compliance, we reserve our right to take legal action to request you to return the products and also reserves our right to seek damages and all other costs including but not limited to legal fees incurred.

SECTION 7: ACCURACY OF BILLING & ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we amend or cancel an order, we will notify you through the e-mail and/or billing address or phone number provided to us at the time the order was made. You are deemed to be notified the moment the notice is mailed, sent, delivered or dispatched by us through the aforementioned communication means as the case may be. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all Orders made at our store. It is your responsibility to promptly update your account and other information, including your email address and shipping address, so that we can complete your transactions and contact you as needed.

SECTION 8: OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Your usage of optional tools offered through the Site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9: THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites and their related products or services. It your responsibility to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information when assessing third-party links.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and/or services should be directed to the third-party.

SECTION 10: USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (eg. competition entries, product reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or other methods (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but are under no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree it is your responsibility to ensure that your comments are accurate, lawful and will not violate any right of any third-party, contain libelous or otherwise unlawful, abusive or obscene material(s), and/or any computer virus or other malware that could in any way affect the operation of the Service or any related websites. You are solely liable for any comments you make, their contents and accuracy, and any damage they incur. 

SECTION 11: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12: PROHIBITED USES

In addition to other prohibited acts set forth or implied in the Terms and applicable law, you are expressly prohibited from using the Site, its content and our Service: 
(a) for illegal purposes or soliciting illegal acts;
(b) to infringe upon our and/or others’ intellectual property rights; 
(c) to harass, abuse, insult, harm, defame, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
(d) to commit fraud and circulate false or misleading information; 
(e) to upload or transmit viruses or any other type of malicious code that can be used in any way to affect the functionality and/or operation of the Site, the Service and any other websites; 
(f) to collect or track the personal information of others; 
(g) to spam, phish, pharm, pretext, spider, crawl, or scrape; 
(h) for any obscene or immoral purpose; or 
(i) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable law, in no case shall Three Blind Men, our subsidiaries, affiliates, officers, agents, contractors or other partners and employees be liable for  any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

SECTION 14: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Three Blind Men and our subsidiaries, affiliates, officers, agents, contractors or other partners and employees, from any claim or demand, including reasonable attorneys’ fees and dispute resolution fees, relating to or arising out of your breach of these Terms of Service or any documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15: SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any previous agreement or understanding, whether oral or written, between the you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18: GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Vietnamese laws. The United Nations Convention on Contracts for the International Sale of Goods, to the extent applicable, is expressly disclaimed.

Any dispute arising out of or relating to these Terms or related agreements mentioned in these Terms, including the existence, validity, interpretation, performance, breach or termination thereof, shall be referred to and finally resolved by the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Commerce and Industry arbitration in accordance with the Arbitration Rules of the Vietnam International Arbitration Centre (“VIAC Rules”), which rules are deemed to be incorporated by reference in this Section. The tribunal shall consist of one (01) arbitrator. The language of the arbitration shall, if permitted in accordance with the VIAC Rules, be English.

BẠN ĐÃ ĐỦ 18 TUỔI

Are you over 18?

Bạn phải đủ 18 tuổi
để thực hiện giao dịch

You must be 18 or older
to make a purchase