Terms and Conditions of In N Out Wine Cellar
This Terms and Conditions is between In N Out International Corporate Limited (“Licensor”) and the Licensee (with names and contact details listed in the Unit Storage License Agreement)
- Licensee can reserve the wine cellar unit online free of charge and the reservation is effective for 24 hours. However, each Licensee can only make a reservation per week and additional reservation of wine cellar units is charged with a fee.
- If the Licensee has not completed the application process and settled the storage deposit and licensee fee required for renting the wine cellar unit after the unit reservation, the Licensor has no guarantee that the reserved unit is available for the Licensee. The Licensor reserves the right to lease to reserved unit to others.
- Prior to renting a wine cellar unit, the Licensee is required to sign a Unit Storage License Agreement (hereafter “Agreement”). The Agreement and Terms and Conditions is effective immediately after signing of the Agreement.
- Licensee fee is presented and calculated on a monthly basis and can be paid per month or be prepaid in advance for multiple months. The Licensee must pay to the Licensor the licensee fee payable of at least 1 month along with the storage deposit in advance of the commencement date of the mutually signed Unit Storage License Agreement. The storage deposit should equate to two times of the wine cellar’s original licensee fee. The deposit amount cannot be accounted or converted into Licensee fee.
- Upon signing of the License Agreement and/or completion of transaction, the Licensee cannot terminate the License Agreement unilaterally for any reason. All payments are not refundable except for the storage deposit.
- Subject to Terms and Conditions, the Licensor shall refund to the Licensee the storage deposit without interest within 15 working days upon termination of the Agreement. The Licensee shall be held responsible for any irreparable damage or destruction and pay to the Licensor for all maintenance and relevant costs incurred. The aforesaid costs shall be deducted from the storage deposit. In case the costs incurred is higher than the storage deposit, the Licensee shall pay to the Licensor the difference.
- If the Licensor has any prepayment discount to offer, the Licensee must comply with all relevant Terms and Conditions set out by the Licensor. The Licensee has to settle all License fee before the commencement date of the License Agreement.
- To secure a promotional offer introduced by the Licensor during a promotional campaign, the Licensee must produce an original copy of a promotional coupon bearing a company chop of the Licensor. The Licensor can deny acceptance of a promotional coupon, which is either not an original copy or an original copy bearing no company chop of the Licensor.
- The Licensor reserves the right to adjust the License Fee at its discretion without any notice. In case of a dispute, the decision of the Licensor shall be final.
- The Licensee is required to notify the Licensor if he wishes to renew the Agreement after the expiration of the previous Agreement. With confirmation from the Licensor, the Licensee pay to the Licensor the License Fee and storage deposit.
- If the Licensee does not indicate his intention to renew the License Agreement and settle the License Fee before the License Agreement expires, the Licensee will be fined HK$200. If the License Agreement has expired by 1 month and the Licensee has not settled the License Fee, there will be an additional fine of HK$400. If the Licensee does not settle the License Fee along with the fine more than 60 days after the expiration of the License Agreement, there will be an additional fine of HK$600. The fines are accrued. In addition, the Licensor is entitled to terminate the Agreement, confiscate the wine cellar unit concerned, and deduct the said fee and fines from the storage deposit with immediate effect. If the License fee is overdue for more than 30 days, the Licensor can confiscate the wine cellar unit licensed to the Licensee without his consent or authorization. The Licensor can also dispose, destroy or sell the possessions of the Licensee stored in the wine cellar unit without any prior notice. The Licensee is responsible for all costs incurred from the above actions.
- The Licensee shall borrow one smart card, one padlock with four keys. The Licensee needs to return these to the Licensor once the agreement has been terminated. The Licensee needs to pay $60(non-refundable per item) if the Licensee wants more than only one smart card or padlock. The licensee has full responsibility for the use of the smartcard. If the Licensee is not able to return the smart card and padlock by the termination, it is his reasonability to pay the penalty. The penalty will be $60 for each item.
- If the Licensee loses keys of his lock, he must seek and pay for a locksmith himself and must be accompanied by the Licensor. The Licensee is responsible for any damage made due to this action and any maintenance costs associated with it will be deducted from the storage deposit.
- The Licensee is required to notify the Licensor if he loses his assigned smart card. For a card replacement, the Licensee has to pay HK$60, which is not refundable.
- This Agreement neither forms a lease agreement nor constitutes a landlord-tenant relationship.
- The Licensee intending to terminate this Agreement during the License period shall notify the Licensor at least 14 days in advance by written notice (including but not limited to letter, facsimile, email or text message) or by phone, and complete and return the “Termination Application Form” to the Licensor. If the Licensee notifies the Licensor by phone in vain, the former must call again or email the termination notice to email@example.com. Termination notice of any kind shall expressly state the termination date and can only be validated after the Licensor confirms his receipt and acceptance. If the Licensee moves out without giving a sufficient termination notice of 14 days, the Licensor is entitled to deduct fees from the storage deposit as payment in lieu of notice (based on the License fee and computed on a daily basis).
- If the Licensee moves out ahead of the Agreement expiry date, he is not entitled to any refund or compensation from the Licensor.
- If the Licensee violates any article in the Agreement, the Licensor is entitled to demand remedial actions from the Licensee. If the remedial actions taken by the Licensee is deemed less than satisfactory by the Licensor within 7 days after a notice from the Licensor, the Licensor is entitled to terminate the Agreement immediately and confiscate all License fee and storage deposit paid by the Licensee. The Licensee shall make a reasonable compensation to the Licensor for the loss and expense incurred in regard to the violation of the Agreement and/or delay of return of a vacant wine cellar unit by the Licensee.
- The Licensee intending to move out before the termination date of the Agreement should remove all stuffs from the wine cellar unit, return to the Licensor the wine cellar unit in the same condition as the commencement of the Agreement when the Licensee occupied the said wine cellar unit, and complete the termination procedures within office hours.
- The Licensor can charge the Licensee HK$300 as cleaning fee without any notice if the Licensee fails to fully vacate his wine cellar unit or return a clean wine cellar unit to the Licensor after the termination date of the Agreement.(i) To deduct the storage deposit based on the License fee pro rata, and (ii) Treat all stuffs left in the wine cellar unit as waste disposal without the Licensee’s consent and the costs incurred for removing the stuffs to elsewhere. If the Licensee fails to remove his stuffs within 7 days after the termination date of the License Agreement, the Licensor is entitled to sell, destroy or handle the stuffs by other means without any notice. The income generated from selling stuffs left by the Licensee in the wine cellar unit shall belong to the Licensor. If the income cannot cover the aforesaid costs incurred by the Licensee, the Licensor reserves the right to demand repayment of the difference from the Licensee.
- The Licensee is subject to the terms below if he changes to use another wine cellar unit of the same or different dimensions:
(i) The storage deposit paid previously will be treated in accordance with point 5 of this Terms and Conditions. The Licensee has to pay storage deposit for the newly rented wine cellar unit (hereafter “new wine cellar unit”).
(ii) The original License Agreement is immediately terminated when the Licensee proposes to change to use a new wine cellar unit to the Licensor as the unit dimensions and License Fee of the new wine cellar unit may differ from the newly rented wine cellar unit. The Licensee is required to sign a new Agreement with the Licensor and pay for its License fee and storage deposit.
(iii) If the Licensee has paid for the License Fee of the rented wine cellar unit, the full remainder, after deducting the License Fee pro rata, shall be transferred to the new License Agreement as the License Fee and storage deposit if the remainder is:
a. Not sufficient to cover the License Fee and storage deposit as stated in the new License Agreement and the Licensee have to pay for the difference.
b. More than sufficient to cover the License Fee and storage deposit and the remainder is non-refundable. The Licensee can choose to use the remainder for extension of the License Period and pay for the difference, if any.
(iv) If the Licensee has paid for the License Fee of the immediate month and has moved out from the wine cellar unit in the same month, the License Fee of that month is not refundable.
(v) The date of monthly payment date of the License Fee is fixed on the date when the Licensee moves his stuffs into the wine cellar unit, therefore the Licensee must settle the License Fee of that month before he moves his stuffs into the wine cellar unit.
(vi) If the Licensee requests to change to a new wine cellar unit at a time when he is enjoying a discount offer, he is required to pay the difference between the License Fee and the discounted fee.
- Obligations of the Licensee – the Licensee may comply with the Terms and Conditions below:
(i) Must keep the wine cellar unit as it is upon the commencement date of License Agreement in terms of structure, size, and appearance.
(ii) Guarantees that the stuffs stored in the wine cellar unit are only private possessions of the Licensee, and do not consists stuffs belonging to third parties or strangers.
(iii) Abide by the instructions and regulations related to the wine cellar unit as set out by the Licensor.
(iv) The Licensee must make compensation to and save the Licensor from all possible liabilities and costs incurred by violating the Terms and Conditions
(v) Not to store any dangerous and illegal product below, including:
a. Food or perishable goods;
b. Animals or any other biological;
c. Chemicals, radioactive products and biological agents;
d. Guns, ammos, and all sorts of weapons
e. Explosion or combustible goods or liquids such as painting, petrol, oil, gunpowder, nitrating, kerosene, fuel oil and washing solvent;
f. Toxic waste, corrosive, asbestos and other dangerous articles;
g. Goods and materials with odour or noise;
h. Illegal goods and immoral of illicit goods;
i. compressed gas;
j. Illegal, hazardous or dangerous goods.
(vi) The Licensee must return the trolley, ladder and other items belonging to the Licensor back to its original position after use. The Licensee has to indemnify the Licensor if he fails to do so.
(vii) The Licensee must make compensation to the Licensor for any damage or destruction to the structure of the wine cellar unit.
(viii) Should the rented wine cellar unit be used for illegal or unethical activities, the Licensee is liable to all legal consequence and the Licensor has the right to terminate the Agreement with the Licensee immediately.
(ix) No wine cellar unit can be used for accommodation purposes.
(x) No smoking is allowed in properties of the Licensor.
(xi) The Licensee shall not place any object outside the area of his rented wine cellar unit. At all circumstances, items placed outside a wine cellar unit without any care and guard is entitled to be sold, disposed or removed by the Licensor at its discretion.
- The temperature and humidity in the storage facility are regulated and the Licensor will do its best to ensure the regulatory equipment will function smoothly. The Licensor is not required to make any compensation to the Licensee if there is any mechanical failures that might cause inconvenience.
- The Licensee is liable for all loss and damages caused directly or indirectly to others by the Licensee, his visitors, his employees or agents. The Licensee shall indemnify the Licensor for any claims made against the Licensor by a third party arising from the aforesaid events, if any.
- The Licensee has to settle all Licensee fee before the effective date of the License Agreement. If the Licensee fails to do so, the Licensor is entitled to demand recovery of the License fee from the Licensee and/or terminate the License Agreement immediately.
- For avoidance of doubts, irregularities or negligence of visitors, employees or agents of the Licensee are deemed as the same of the Licensee itself.
- The Licensor can enter the wine cellar unit of the Licensee without prior notice to the Licensee in the following situations:
(i) There is strong odour, water leakage or strange noises in the wine cellar unit;
(ii) Inspection request made by the Fire Service Department, Police Force, Customs and Excise Department, power company, a court order from the judiciary or a relevant government department, or
(iii) The Licensor will take the following actions should urgent circumstances arise:
- The Licensor may in any circumstances terminate the License Agreement with the Licensee by serving a written notice (including correspondence, facsimile and email) 30 days in advance. The Licensee must return to the Licensor the wine cellar unit in the same condition upon the commencement of the License Period with vacant possession. In case of any damage to the wine cellar unit, the Licensor is entitled to deduct a relevant portion from the deposit as compensation.
- Force Majeure – The Licensor shall take no responsibility for any direct or indirect loss or damage incurred to the Licensee arising from any natural disasters, riots, strikes, trade disputes, accidents, fire, flood, blackout or other uncontrollable reasons which prevent, inhibit or delay the Licensor from granting access to the storage facilities to the Licensee and executing the License Agreement properly.
- Whenever a promotional offer is made available by the Licensor, the Licensee has to be in agreement with the Terms and Conditions concerned and be subject to the following to enjoy the offer:
(i) Promotional offer is only applicable to targets expressly specified. Each customer can only use a promotional offer for once only unless otherwise specified.
(ii)If it is required that the Licensee to settle a certain month of License fee to enjoy the promotional offer, the Licensee must settle the License fee specified before moving into the wine cellar unit.
(iii) All discount offers can only be used within the promotional period specified.
(iv) All discount offers are not transferable, cashable or refundable.
(v) Subject to terms and conditions, only one discount offer can be used at one time.
(vi) The Licensor can change or cancel any discount offers without any prior notice.
(vii) The Licensor has the right to amend any discount offers it provides and the discount amount is subject to the latest invoice issued and the Agreement.
(viii) In case of a dispute, the decision of the Licensor shall be final.
- The Licensee shall abide by the terms and conditions and failing to do so, the Licensor has the right to immediately terminate the agreement and cancel any promotion or discount offer provided to the Licensee. If any promotion or discount offer is cancelled, the Licensee shall pay the equivalent of its original monthly fee as compensation of the violation of the terms and conditions.
- If the Licensee cannot settle the License Fee of the next month within 7 days after the Agreement expiry date, the Licensee has to at least pay the full monthly License fee for the month proceeding the Agreement’s expiry date.
- The Licensee cannot transfer his License Agreement to other party.
- The Licensor is entitled to change the office hours and opening hours of its facilities without prior notice.
- The dimensions of wine cellar units provided by the Licensor might have variations and are for reference only. The actual wine cellar unit shall be considered as accurate.
- The dimensions of wine cellar units provided by the Licensor might have variations and are for reference only. The actual wine cellar unit shall be considered as accurate.
- Delay in execution of rights by the Licensor as stated in the License Agreement shall in no way be considered as the Licensor forgoing its rights.
- Due to the supply of wine cellar units, promotional offers, adjustment of License fees or other reasons, quotations and specifications given before the signing of License Agreement are for reference only. The Agreement shall prevail for actual amount of License Fee and discounts if any. In N Out International Corporate Limited reserves the right to make adjustment to quotation or invoice issued and the actual and final License fee shall be reflected in the Agreement mutually signed by the Licensor and Licensee.
- This Agreement shall be governed by and interpreted in accordance with the Laws of the Hong Kong Special Administrative Region.
- The Licensee agrees this Terms and Conditions constitutes the License Agreement with the Licensor. The Licensee confirms that he does not reply on statements other than this Terms and Conditions when concluding this License Agreement.
- The Licensor shall reserve the final say to any violation or dispute that arises.
- The Licensor will only act on the instructions from the Licensee to collect or receive wine deliveries on behalf of the Licensee per advance written notice no shorter than 2 working days.
- The Licensor will only receive wine on behalf of the Licensee if such wines are under the Licensee’s name and accompanied by valid, appropriate documentation, including a printed copy of the detailed packing list. The Licensor will only verify the number of wine cases on bahalf of the Licensee.
- The Licensor will only receive wine deliveries on behalf of the Licensee during office hours from Monday to Friday at 10am to 7pm.
- The Licensor will only rely on the Licensee’s packing list as an accurate description of the contents and the Licensee is responsible to provide accurate and truthful information for this purpose.
- The Licensor will not be liable to the Licensee or any other party for any losses arising out of or in connection with any discrepancy between the contents of the wine and the items described on the packing list or any other discrepancy as to the contents.
- All wine collected on behalf of the Licensee per instruction will be placed temporarily in the Holding Locker (“Holding”) for a maximum of fourteen days (inclusive of the day of collection) for the Licensee to move the wine into his/her own wine cellar unit.
- If the wine inside the Holding is not cleared and emptied within fourteen days (inclusive of the day of collection), the Licensee will be charged HKD$1,000 per case per month if there are 10 or less wine cases (“Holding Fee”) and HKD$100 per case per month if there are more than 10 wine cases in the Holding. The Licensee is obligated to make full payment for such charges within 7 days after the fourteen days expiration date.
- If the Licensee fails to make payment for the overdue charges, an immediate penalty charge of HK$300 will be deducted from the Deposit while he/she is still obligated to pay the overdue charge. If the Licensee occupied the Holding for one month or more, and fails to pay for Holding Fee, the Licensor reserves the right to terminate the storage agreement between both parties and also reserves the right to destroy, trash or sell the wine or other belongings in the Holding to third parties.
- The Licensor will not collect wine on behalf of the Licensee if all Holding Lockers are fully occupied, and the occupancy of the Holding Locker are on a first come first serve basis.
- The Licensor reserves the right to take back the service to receive wine deliveries on behalf of the Licensee, without any prior written notice.
- The Licensee is responsible for returning the padlock to the Licensor if the padlock was borrowed from the Licensor.
- The Licensee is allowed a maximum number of two authorised persons as stated on the Customer Application Form to access his/her cellar on his/her behalf.
- The Licensee shall arrange transportation of wines to and from the Premises on his own behalf. In the event the Licensee requests the Licensor’s assistance in arranging the transportation, the Licensee shall bear all costs in relation to the entire logistics process. The Licensor shall not be liable for any loss or damage suffered by the Licensee in relation thereto and the Licensee shall arrange his own insurance coverage to such loss and damage.