firstcellars.com

Terms and Conditions

Welcome to FIRST CELLARS. FIRST CELLARS provides access to the FIRST CELLARS website (the "website") and sell our products to you subject to the conditions set out on this page.

Please read these conditions carefully before using the FIRST CELLARS website. By using the FIRST CELLARS website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future FIRST CELLARS service, you will also be subject to the conditions applicable to that service.

Conditions relating to your use of FIRST CELLARS:

1 My Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account Details area of the website.

FIRST CELLARS reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2 Privacy

Please review our Privacy Notice below, which also governs your visit to FIRST CELLARS, to understand our practices.

FIRST CELLARS Privacy Notice

FIRST CELLARS knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This notice describes the privacy policy of FIRST CELLARS. By visiting FIRST CELLARS, you are accepting and consenting to the practices described in this Privacy Notice.

2.1 Controllers of Personal Information

Any personal information provided to or to be gathered by FIRST CELLARS is controlled solely by us.

2.2 What Personal Information about customers does FIRST CELLARS gather?

The information we learn from customers helps us personalise and continually improve your shopping experience at FIRST CELLARS. We use the information to handle orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. We also use this information to improve our store and platform, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf.

Here are the types of information we gather.

  • we receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customising future shopping for you, improving our stores, and communicating with you.
  • we receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies" and we obtain certain types of information when your Web browser accesses FIRST CELLARS. A number of companies offer utilities designed to help you visit websites anonymously. Although we will not be able to provide you with a personalised experience at FIRST CELLARS if we cannot recognise you, we want you to be aware that these tools exist.
  • to help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from FIRST CELLARS if your computer supports such capabilities. We also compare our customer list to lists received from other companies in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust contact us by email or telephone.
  • we might receive information about you from other sources and add it to our account information.

2.3 Does FIRST CELLARS share the information it receives?

Information about our customers is an important part of our business and we are not in the business of selling it to others. FIRST CELLARS shares customer information only as described below which are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

  • We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
  • Sometimes we send offers to selected groups of FIRST CELLARS customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please contact us by email or telephone.
  • As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any prior existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that FIRST CELLARS or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
  • We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of FIRST CELLARS, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice.
  • other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.

2.4 How secure is information about me?

  • We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
  • We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
  • We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
  • It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.

2.5 What about third-party advertisers and links to other websites?

Our site may include third-party advertising and links to other websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites. These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or "serve") the advertisements that appear on our website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Notice. Please contact them directly for more information about their privacy practices.

2.6 Are children allowed to use FIRST CELLARS?

FIRST CELLARS does not sell products to anyone below the age of 18.

2.7 Conditions of use, notices, and revisions

If you choose to visit FIRST CELLARS, your visit and any dispute over privacy is subject to this Privacy Notice and our Conditions of Use, including limitations on damages and application of the laws of the People’s Republic of China. If you have any concern about privacy at FIRST CELLARS, please e-mail us a thorough description and we will try to resolve the issue for you (contact (at) firstcellars.com).

Our business changes constantly and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

3 Access to FIRST CELLARS

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4 License for website access

FIRST CELLARS grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FIRST CELLARS. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FIRST CELLARS and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising FIRST CELLARS's or its affiliates' names or trademarks without the express written consent of FIRST CELLARS. Any unauthorized use terminates the permission or license granted by FIRST CELLARS.

You are granted a limited, revocable, and non-exclusive right to create a hyper-link to the Welcome page of FIRST CELLARS as long as the link does not portray FIRST CELLARS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FIRST CELLARS logo or other proprietary graphic or trademark as part of the link without our express written consent.

5 Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not FIRST CELLARS, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "Spam" to cause annoyance, inconvenience or needless anxiety

6 Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "Spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. FIRST CELLARS reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you grant FIRST CELLARS and its affiliates a non-exclusive, royalty-free and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and give FIRST CELLARS and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to FIRST CELLARS, including the execution of deeds and documents, at the request of FIRST CELLARS.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to FIRST CELLARS: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable FIRST CELLARS policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify FIRST CELLARS and its affiliates for all claims brought by a third party against FIRST CELLARS or its affiliates arising out of or in connection with a breach of any of these warranties. 

7 Defamation claims

Because FIRST CELLARS lists hundreds of products for sale on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each comment or review that is displayed. Accordingly, FIRST CELLARS operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by email contact (at) firstcellars.com.

8 Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of FIRST CELLARS, its affiliates or its content suppliers and is protected by international copyright, authors* rights and database right laws. The compilation of all content on this website is the exclusive property of FIRST CELLARS and its affiliates and is protected by international copyright and database right laws. All software used on this website is the property of FIRST CELLARS, our affiliates or our software suppliers and is protected by international copyright rights laws.

You may not systematically extract and/or re-utilize parts of the contents of the website without FIRST CELLARS's express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without FIRST CELLARS's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without FIRST CELLARS's express written consent.

9 Intellectual Property Claims

FIRST CELLARS and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us straight away by email contact (at) firstcellars.com

10 Trademarks

FIRST CELLARS, THE FIRST CELLARS LOGO and other marks indicated on our website are trademarks or registered trademarks of FIRST CELLARS or its subsidiaries, in China or other jurisdictions. FIRST CELLARS's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of FIRST CELLARS. FIRST CELLARS's trademarks and trade dress may not be used in connection with any product or service that is not FIRST CELLARS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FIRST CELLARS. All other trademarks not owned by FIRST CELLARS that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FIRST CELLARS.

11 Conditions relating to the sale of products to you

We can provide each order with invoice. Strictly abiding Chinese laws and regulations, FIRST CELLARS fulfills the obligations to change and return products. You can return the products you bought on FIRST CELLARS to us for free within 7 days provided the following conditions below are met.

  • Original package is kept. The bottle hasn’t been unsealed or damaged. You can apply for return service.
  • Any invoice sent with the bottle shall be returned simultaneously. If no invoice with the bottles, please provide us with your order number information.
  • For the damaged package out of non-customer reason, you can apply for change service, but restricted to the same product.
  • Customers shall pay the delivery fee of return service if qualified for return service. There is only one return service for one order. The delivery fee is executed according to the following standard (30 RMB per order for the orders within Shanghai city, 40 RMB per bottle for the orders out of Shanghai city.).
  • Any gift sent with the bottle shall be returned simultaneously. Any missed or damaged gift shall be compensated according to the market price on FIRST CELLARS.
  • Clients can apply for return and change service online (Sending emails to: contact (at) firstcellars.com).

Complimentary information

Following conditions do not enjoy no-reason return service:

  • The bottle is unsealed.
  • Original package is damaged, unable to deliver.
  • Sales price is ¥500 per bottle or more.
  • Special personalized requirements on labels.
  • Labels are damaged and unable to be sold again.
  • Other special agreements on return service.

Reimbursements are calculated and returned according to following principles

  • We will reimburse you after all the products returned to FIRST CELLARS warehouse and finish checking.
  • If you pay by credit card or debit card, the money will be returned to your card: If you pay by Alipay, the money will return to your account; If you pay by Bank Transfer, Postal Remittance or Cash on Delivery, the money will return to the bank account you offer.

Return Method

  • If your products need to be returned, please make sure to contact our customer service to get a Returned Product number within 7 days after you receiving the products.
  • Our customer service work time: Monday to Friday, 9:30am to 6:30pm.
  • Customer service hotline: 400 6190 519
  • We will process your transactions after you contact customer service. Please return your products within 7 days. Make sure the Returned Product Number noted clearly on your Return Form. In order to ensure the products are real, the label must exist and not be damaged.
  • Please make sure all the products, original packing list and invoice (if there are) returned to us together. If something missed, any delay in processing will be responsible by your own, thanks for your understanding.
  • We will check the quality after receiving the products, then have the following process according to your requirement.
  • If you need to exchange to another products, we will send out the new ones within 48 hours after confirmation, if the new products you need are out of stock, we will contact with you at the first time, change to another ones if you agree or return the products as you want.

12 Pricing and availability

Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

Despite our efforts, a small number of the hundreds of products in our catalog are mis-priced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

13 Health & Safety

All goods from FIRST CELLARS have been approved by the Hygiene Bureau of the People’s Republic of China.

14 Other businesses

Parties other than FIRST CELLARS and its subsidiaries operate stores, provide services, or sell product lines on this website. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. FIRST CELLARS does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

15 Electronic communications

When you visit FIRST CELLARS or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16 Losses

FIRST CELLARS will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. FIRST CELLARS does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct.

17 Alteration of service or amendments to the conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

18 Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

19 Waiver

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.

20 Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of the People’s Republic of China and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of Shanghai city.

21 Our details

FIRST CELLARS is the trading name for 弗思特酒业(上海)有限公司.

.This website is owned and operated by First Cellars Hong Kong Limited.

Any other third-party seller programs operated on the website from time to time are operated by 弗思特酒业(上海)有限公司.

22 Use of Voucher codes

  • There is always a minimum spend required to a redeem a voucher code, the minimum spend varies, but is by default set to ¥300 if nothing else is stated.
  • The voucher code is used when you place the order at FirstCellars.com and cannot be used after you have placed an order.
  • The voucher code cannot be redeemed for money.
  • The voucher code can only be used before expiry date. The expiry date is dec