PLEASE NOTE THAT YOUR USE OF THIS WEBSITE SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS BELOW
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use MK wines & spirits collection website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Malaysia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
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.
SUPPLY OF LIQUOR TO MINORS
It is illegal for us to sell alcohol to you if you are under the age of 21. It is illegal for you to buy alcohol from us if you are under the age of 21 and it is illegal if you falsify your details in order to buy alcohol if you are under the age of 21.
NON-SALES OF ALCOHOL TO MUSLIMS
By virtue of Section 19 (1) and Section 19 (2) Syariah Criminal Offences Act 1997, all Malaysian Muslims are forbidden from buying and drinking alcohol.
In accordance to the legal provisions above, Private Bar will not sell any alcohol products listed on its website to any Malaysian Muslims.
Health Warning: (Meminum arak adalah bahaya untuk kesihatan)
Product Quality: We guarantee that all advertised products are 100% genuine. Product images are for illustrative purposes only and may differ from the actual product.
This Agreement and its performance shall be governed by the laws of Malaysia. You consent and submit to the exclusive authority of the courts and administrative tribunals located Kuala Lumpur, Malaysia, in all disputes arising out of or relating to the use of the websites and these Terms and Conditions.
You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and http://www.privatebar.online will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Private Bar or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Private Bar and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
Private Bar reserves the right to alter advertised prices at any time. The cost of foreign products and services may fluctuate. All prices quoted are in Ringgit Malaysia (RM).
(A) PRICING AND AVAILABILITY
We endeavor to supply advertised vintages, quantities, and pricing, but all orders are subject to availability and confirmation by Private Bar. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price, vintage or recommend a suitable substitute. All goods remain the property of Private Bar until payment has been confirmed. We reserve the right to limit any sale.
In order to contract with Private Bar, you must be over 21 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Private Bar retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Private Bar or may in some cases be a third party. Where a contract is made with a third party Private Bar is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Private Bar and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Private Bar's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
(A) LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
(B) DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Private Bar and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Private Bar.
You agree to indemnify, defend and hold harmless Private Bar, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal accounting and professional fees) arising from your use this Website or your breach of the Terms of Service.
Private Bar shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
These Terms and Conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced fully permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The above Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Private Bar making such amendments or modifications available to it pursuant to the Terms and Conditions.