1. Definitions

In these Terms of Sale, unless the context otherwise requires:
“Affiliate” in relation to a corporation, means its subsidiary, its holding company, or any other subsidiary of its holding company;
“Contract” means a contract between Campari and the Customer for the sale of Products (which may include an order which has been accepted by Campari), that incorporates these Terms of Sale;
“Customer” means the person or entity to whom Campari has agreed to undertake the sale of Products, as stated in the Contract;
“Campari” means the company Campari Singapore Pte Ltd;
“Logistics Partner” means any third party logistics company that Campari may engage to carry out the delivery of the Products to the Customers;
“Party” means either Campari or the Customer, and “Parties” shall collectively refer to both Campari and the Customer;
“Platform” means the e-commerce website and platform launched by Campari for the purposes of selling Campari’s collection of Products; and
“Products” means the products that Campari has agreed to sell to the Customer pursuant to the Contract.

2. Application of these Terms of Sale

2.1. The Products are sold to the Customer subject to these Terms of Sale. Any conditions contained in any order or other document of the Customer, except those specifically agreed to in writing by Campari, shall be void and of no effect.

2.2. In the event of any inconsistency between these Terms of Sale and the Contract, the latter shall take precedence. No variation of these Terms of Sale shall be binding on Campari unless mutually agreed in writing by Campari.

3.Registration, Platform Content and Prohibited Use

3.1. In order to use the Platform, Customers must register themselves by providing true and complete data requested in the relevant registration form and accept the privacy policy of Campari and these Terms of Sale.

3.2. The Customer has the duty to safeguard and keep his access credentials confidential. The registration credentials must be used exclusively by the individual Customers and cannot be transferred to third parties. The Customer undertakes to keep his/her registration credentials secret and to ensure that third parties do not obtain access to the same, as well as to inform Campari without delay in the event of suspected misuse and/or disclosure of the same.

3.3. The Customer agrees that under no circumstances should Campari be held responsible in the event of loss, dissemination, theft or unauthorised use by third parties, for any reason whatsoever, of the Customer’s login credentials.

3.4. Campari reserves the right to suspend or terminate the account of the Customer at any time and without notice, in the following cases:

(a) where a Customer is in violation of the provisions contained in the Terms of Sale;

(b) where a Customer accesses or uses the Platform in violation of the Terms of Sale, such as to cause damage to Campari, other Customers or third parties; and/or

(c) where a Customer’s use of the Platform is in violation of applicable laws;

(d) where there are investigations conducted on the Customer because of legal actions or due to the involvement of public authorities; and/or

(e) if the account of the Customer is deemed by Campari, in its sole discretion and for whatever reason, to be inappropriate or offensive or in violation of the Terms of Sale or not in line with Campari’s standards.

3.5. The Platform shall be used in accordance with these Terms of Sale. The Customer agrees to not:

(a) reverse engineer, decompile, disassemble, modify or create derivative works based on the Platform or any portion of it;

(b) circumvent the computer systems used by Campari or its licensors to protect the content accessible through it;

(c) copy, store, modify, change, prepare derivative works or otherwise alter any of the content provided on the Platform;

(d) use any site search and/or retrieval application, or any other automatic device, process or means to access, retrieve, scrape or index any portion of the Platform or its contents;

(e) lease, license or sub-license the Platform;

(f) defame, offend, harass, harass, threaten or otherwise violate the rights of others;

(g) disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;

(h) use, license, or deal with Campari’s trademarks and intellectual property in any way or manner (in particular in a manner that may dilute or prejudicially affect the distinct right, image and repute of Campari and its trademarks and intellectual property);

(i) unlawfully take possession of the account in use by another Customer;

(j) register or use the Platform in order to approach other Customers to promote, sell or advertise in any way products or services of any kind;

(k) use the Platform in any other improper way that violates these Terms of Sale.

4. Purchase Process

4.1. Each order placed online constitutes an offer to purchase the products.

4.2. The Customer must select the Products and complete the check-out process, after checking the information contained in the purchase order summary. The order will then be made through confirmation of the order summary and is subject to the payment of the purchase price, taxes and shipping costs as indicated in the order summary form.

4.3. Campari reserves the right not to confirm an order placed by communicating the same to the Customer within 5 working days of placing the order, to the e-mail address associated with the Customer.

4.4. Where an order is not confirmed, Campari shall refund the purchase price and the shipping costs paid by the Customer.

5. Customer Support Service

5.1. Customer services will be available from Monday to Friday, from 10:00 to 17:00, Singapore time.

5.2. The customer service request email will beRare.Asia@campari.com.

5.3. The customer service will use a ticketing system for the correct management of requests.

6. Delivery and Self-Collection

6.1. The terms of delivery are set out in the purchase order. Any time or date for delivery of the Products as stipulated in the Contract is approximate only and time of delivery shall not be of the essence of the Contract. Campari has the right to release the Products for delivery in batches of such quantities and at such intervals as it may decide in its sole and absolute discretion.

6.2. Delivery of the Products is deemed complete upon the Products having either been delivered to the Customer or its authorised agent at the place of delivery, or as otherwise agreed in writing. Non-arrival of the Products must be notified to Campari within three (3) days after the agreed date of arrival at the designated delivery location. Otherwise, the Products is deemed to have been delivered.

6.3. In the event that the Customer opts for self-collection of the Products instead of delivery, the Products shall be deemed to have been delivered at such time and date as when the Customer has collected the Products on the self-collection date. In the event that the Customer fails to self-collect the Products, Clause 6.5 will apply.

6.4. If the Customer is unable to accept delivery or self-collect any of the Products, Campari may at its sole discretion: (a) arrange for suitable storage of such Products at the Customer’s expense pending delivery or self-collection; or (b) utilise such Products for other purposes at its sole and absolute discretion (including the fulfilment of purchase orders placed by other customers) and Campari’s obligation to deliver the Products or present the Products for self-collection shall thereafter be subject to the subsequent availability of such Products.

7. Order Tracking

7.1. Once Campari has confirmed an order, the Customer will receive an email containing the details of his/her purchase. As soon as the Products purchased are available for delivery and are handed over to the Logistics Partner, the Customer will be issued with a tracking number to track the Products being delivered and the estimated arrival time.

8. Price and Payment

8.1. Campari uses third-party payment processing tools and does not in any way come across payment data such as credit card data. All prices shall be inclusive of Goods and Services Tax, and shall be expressed in Singapore Dollars. The total price resulting at the end of the purchase order is inclusive of shipping costs.

8.2. Prices for the Products is stipulated on the Platform. The prices, descriptions or availability of the Products displayed are subject to change without notice issued by Campari, it being understood that the price charged to the Customer will be the one published on the purchase order summary. The photos inserted are indicative and may not be an exact representation of the Products. Campari will present the characteristics of the Products with the greatest possible detail on the Platform within each file corresponding to the product viewed by the Customer. However, the images and colours of the Products offered for sale on the Platform may differ from the real ones due to multiple factors including, but not limited to, the Customer's terminal monitor, photographic filters, etc. The Customer acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the Products.

9. Returns and Refunds

Without Campari’s prior written approval, the Customer is not entitled to return any Products delivered. Duly authorised returns shall be delivered to a location designated by Campari at the Customer’s expense.

10.Risk and Title

10.1. For delivery of the Products, risk will pass to the Customer once the Products have been delivered to the Customer. For self-collection of the Products, risk will pass to the Customer once the Customer has collected the Products.

10.2. Notwithstanding the passing of risk, the legal and beneficial title to the Products does not pass to the Customer until Campari has received payment in full, and when the Products have left the possession of Campari (including for the avoidance of doubt when the Products have been handed over to the Logistics Partner for delivery).

10.3. Unless otherwise directed in writing by Campari, the Customer undertakes to not resell any Products that have been purchased from Campari.

11. Quality and Limitation of Liability

11.1. Campari warrants to the Customer that all Products sold by it are of satisfactory quality and reasonably fit for all purposes for which the Products are commonly used. All other warranties and liabilities of Campari, whether implied by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.

11.2. If any of the Products are defective in manufacture or contained in defective containers or packaging, Campari’s liability howsoever arising in respect of, or consequent upon, any such defects is limited to, in its sole discretion:

(a) the replacement of such defective Products; or

(b) crediting the Customer with the price of such defective Products for use in future purchase(s). Campari shall not be liable for any loss or damage arising from non-delivery or delay in delivery of the Products (or part thereof).

11.3. The Customer shall notify Campari of any damage, defects or shortage in respect of the delivered Products in writing on the same day as the date of delivery and/or collection and Campari shall be entitled to inspect the relevant Products. Otherwise, the relevant Products are deemed to be delivered to the Customer free from any defect or damage.

11.4. Where, in Campari’s reasonable assessment, there is no damage, defect or loss regarding the Product attributable to Campari, the Customer shall be liable to reimburse Campari in full for all costs and expenses incurred by Campari in carrying out such inspection. If any damage, defect or loss of the Products is solely due to any default on the part of Campari before the risk in the Products is passed to the Customer, Campari may in its sole discretion:

(a) replace any Products damaged or lost, or re-deliver any Products not delivered; or

(b) credit the Customer for the price of the Products so damaged or lost or not delivered, for use in future purchase(s).

11.5. Campari has no liability in respect of any defect arising from the Customer’s failure to follow its oral or written instructions as to the storage or use of the Products or good trade practice regarding the same, or any defect arising as a result of abnormal storage conditions, willful damage or negligence by the Customer (including its employees, agents and representatives). SUBJECT TO APPLICABLE LAWS, THE AGGREGATE LIABILITY OF CAMPARI UNDER THE CONTRACT WILL NOT EXCEED THE AMOUNT PAYABLE BY THE CUSTOMER UNDER THE CONTRACT.

12.Intellectual Property

Neither Party acquires any ownership, license or any other rights in any pre-existing intellectual property of the other Party by virtue of the Contract. The Customer has no rights in respect of any trade names or trade-marks owned or used by Campari, any associated goodwill or in respect of any other intellectual property relating to Campari’s products or their advertising or otherwise owned by or licensed to Campari or its Affiliates. The Customer shall not: (a) without the prior written consent of Campari, remove or alter the trademarks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products; or (b) do anything likely to damage any such trademarks, or the name or reputation of Campari or its Affiliates.

13.Privacy Policy

The data communicated by the Customer necessary for the execution of the Contract will be handled pursuant to the Campari Privacy Policy https://rarespirits.asia/pages/privacy and in accordance with the Personal Data Protection Act 2012 of Singapore.

14. Age Declaration

Customers registered to the Platform declare that they are at least 18 years of age and are considered of age pursuant to the Liquor Control (Supply and Consumption) (Liquor Licensing) Regulations (2015).

15. Confidentiality

All communications, information, and other materials in relation to the Contract shall be considered confidential information and shall be kept confidential by the recipient unless compelled or required to be disclosed by judicial or administrative procedures or by other requirements of law. The rights and obligations of the Parties under this Clause survives the termination or expiry of the Contract

16. Force Majeure

Campari has no liability whatsoever for failure to fulfil any purchase order in whole or in part if such failure is due to any cause or event of whatever nature which is beyond Campari’s reasonable control, including but not limited to a strike or industrial action, war, fire, pandemic, epidemic, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of the Products from normal sources of supply or any similar event which makes such fulfilment impossible or illegal.

17. Miscellaneous

17.1. The Contract contains the entire agreement between the Parties and supersedes any previous agreement or understanding (whether oral or written) between the Parties in relation to the subject matter hereof.

17.2. The Contract is governed by Singapore law and any dispute arising out of the Contract is subject to the exclusive jurisdiction of the Singapore courts.

17.3. The failure or delay of a Party to exercise or enforce any right under the Contract will not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time.

17.4. A person who is not a party to the Contract has no right (whether under the Contracts (Rights of Third Parties) Act 2001 of Singapore or otherwise) to enforce the Contract.

17.5. The Customer agrees to perform (or procure the performance of) all further acts and things, and execute and deliver (or procure the execution and delivery of) such further documents, as may be required to give effect to the Contract.

17.6. The Customer shall not assign or transfer any of its rights and/or obligations under the Contract, except with the prior written approval of Campari. Campari reserves the right to assign or transfer any of its rights and/or obligations under the Contract to an Affiliate without the prior written consent of the Customer.

17.7. If any provision of the Contract is held by any court or competent authority to be void or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

17.8. Nothing in the Contract will constitute a partnership between the Parties or constitute any Party the agent of the other Party for any purpose.