Terms & Conditions

Within these Terms & Conditions, the “Company” refers to Spiritu a brand owned subsidiary of Dragonfly Asia-Pacific Ltd and “Customer(s)” refers to any entity which places an order with the “Company”.

IMPORTANT NOTICE: It is illegal to sell alcohol to persons under the age of 18. By placing an order, you must confirm that you are 18 years old or above. You must ensure that no other person except yourself shall use your login to purchase alcohol products and a person aged 18 or above (identification required) must be present to take the delivered order, or pickup an order, otherwise we have the right to withdraw the delivery and attempted at another time to be agreed between the Company and Customer(s).

General Terms & Conditions

1. General

1.1. In these Terms & Conditions, including the Special Conditions (as defined below) (Collectively referred to as the “T&C”), “Spiritu”, “Spiritu Drinks”, “we”, “our”, or “us” refers to Dragonfly Asia-Pacific Ltd and the “customer”, “user”, “visitor”, or “you” refers to any person, firm, company, body, or entity which places an order with us. Please read this T&C carefully before using our website (our “e-store”). By using the site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.

1.2. We shall make every effort to ensure that all prices, details and measurements of products on our e-store are updated. Prices are subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and stock availability.

1.3. We shall make every effort to ensure product(s) displayed on our e-store are in stock. If any product(s) become out of stock, we reserve the right to offer alternative product(s) of similar value and type.

1.4. All orders are subject to confirmation and final availability. We reserve the right to reject the order in the event that any of the products requested are unavailable.

2. Registration

2.1. You are required to register as a user before purchasing any product(s) on our e-store. During the registration:

2.1.1. You must provide us with accurate, complete and up to date registration information;

2.1.2. You must safeguard your login credentials (if applicable);

2.1.3. You authorize us to assume that any user purchasing on our e-store using your account is either you or is authorized to act on your behalf;

2.1.4. We have the discretion to refuse any and all registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.

2.2 No persons under the age of 18 shall under any circumstance register an account with Spiritu under a false identity.

2.3. Please inform us via our website, by email, and/or by phone immediately of any changes to the information that you provided so that we may communicate with you effectively.

2.4. In the event that your account is not used for a specified period (currently, 3 years), we will, for your and our protection, deem your account to be abandoned, and we may deactivate your account and all your accumulated in store credits and/or vouchers will be forfeited (where applicable). You will need to reapply for a new account if you wish to make further purchase(s) on our e-store.

3. Privacy Protection

We are committed to safeguarding your privacy and personal data. We therefore make sure that our policies and practices in relation to the collection, processing, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Cap 486) under the laws of Hong Kong. Please refer to our Privacy Policy.

4. Payment

4.1. Our e-store accepts payment by designated credit cards, debit cards, or other designated electronic payment providers as specified by us. All product prices listed are in Hong Kong dollars. The prices listed in our e-store may differ from the prices listed at events or locations we operate in. The applicable price shall be the price listed in our e-store at the date of purchase, liable to change due to promotions or gift vouchers.

4.2. Acceptance of orders is subject to our sole discretion. A final receipt will be issued to you when goods are delivered to your address, or goods are collected at our physical location (as the case may be).

4.3. To provide secure online transactions, we employ the internet’s Transport Layer Security (TLS) technology. It encrypts your personal information, including credit card number, name and address, so that it will not be intercepted whilst being transferred over the internet.

5. Others

5.1. Bases of supply: we only serve and deliver products to end consumers through our e-store. Any purchases for re-sale purposes should be conducted through the appropriate channel. If we have grounds to believe that you are not purchasing the products on our e-store as an end user, we reserve the right to decline or cancel your order, and may take compensatory actions.

5.2. Force majeure: We shall not be liable for any delay or failure to perform caused by or resulting from acts of God such as, fire, flooding, accidents, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond our control that may indirectly or directly impact our operations.

5.3. You shall not assign, transfer, or otherwise give any or all of your rights and obligations under this T&C to any other third party without our prior written consent.

5.4. If any provision of this T&C can be construed to be illegal or invalid, they shall be voided from this T&C and it shall not affect the legality, validity or enforceability of any other provisions of this T&C.

5.5. This T&C embodies the entire agreement between the parties and they supersede all previous negotiations, representations and agreements between the parties, unless otherwise agreed to in writing by the company.

5.6. We have the right , at any time, to modify, revise, vary or supplement all or any of the provisions under this T&C. You may be informed of any major changes to the T&C at our discretion.

5.7. Any changes made to this policy will come into effect seven (7) days following the date of the change, as shown at the end of this policy.

5.7. If any dispute arises, our determination shall be final. Where this T&C are available in Mandarin or Cantonese, the English version is the governing version and shall prevail whenever there is a discrepancy and/or dispute between the versions.

5.8. This T&C shall be governed by the laws of the Hong Kong Special Administrative Region (HK SAR), the People’s Republic of China (PRC) and the Customer and we agree to submit to the exclusive jurisdiction of the Hong Kong courts for any disputes. 

Spiritu Drinks Website “Special” Terms & Conditions

These Special Conditions are supplemental to the “General Terms & Conditions” and are applicable to any orders placed under our website. Should there be any inconsistency between these Special Conditions and the above “General Terms & Conditions”, these Special Conditions will prevail if the order or activity was performed on the Spiritu Drinks website (spiritudrinks.com).

6. Payment Terms

6.1. We accept Visa, MasterCard, American Express, Union Pay, Shop Pay, Apple Pay, and Google Pay.

6.2. The maximum amount per transaction is as below:

6.2.1. Visa / MasterCard: HK$50,000

6.2.2. American Express: HK$50,000

6.2.3. Union Pay: HK$50,000

6.2.4. Note: When inputting card numbers please do not input space(s) or dash(es).

6.3. Under the Credit Card Purchase Protection service (E.g. Visa Verification Service, MasterCard Secure Code) customers can enjoy safe and secure shopping by using their own credit card with specific password or security code. In addition all purchases on our website will use Shop Pay, Shopify’s secure checkout service. Credit cards used for shopping should be valid under the purchaser’s own name.

6.4. Cash Vouchers: Spiritu’s in store Credits and Gift Cards can be redeemed for their related products.

6.4.1. Gift Vouchers & Store Credits can only be redeemed on our website.

6.4.2. Gift Vouchers have a six (6) month validity period before expiring. In store credits have no expiration date.

6.4.3. In the event that Spiritu ceases  to operate all remaining in store credits and gift vouchers shall automatically expire.

6.5. Where additional charges are applicable for deliveries, such charges will be set out separately for your acknowledgement and confirmation prior to proceeding to payment.

7. Notification for ordering

7.1. Our website only accepts orders for delivery in our approved regions of Hong Kong or collection at a designated physical location in Hong Kong.

7.2. Placing an order means you agree to purchase products or services in accordance with the Terms & Conditions set out herein. After receiving your order, we will acknowledge receipt of your order. However, it is not an acceptance of your order. We reserve the right to reject any purchase order without giving any reason. In the event that we are unable to accept your order (for example due to payment issues), we will notify you by phone or email, and refund the amount paid if any.

7.3. If your order is accepted by us, we will confirm with you accordingly and advise the date and time of delivery or availability for collection at a designated physical location.

8. Delivery Service

8.1. You may enjoy free delivery to your specified delivery address when your order satisfies our minimum purchase amount of HK$1,200 on our website (as specified under your invoice). For a purchase amount under HK$1,200, a fixed delivery fee of HK$100 shall be applied (For our regular delivery areas).

8.1.1. For deliveries in the following remote locations there will be a HK$200 delivery fee: The Peak, Southern district, Hong Kong Airport, Tung Chung, Discovery Bay, Ma Wan, Sai Kung and Outlying Island, the delivery charge will be HK$200. 

8.1.2. Our delivery service provider will deliver your order at your door for your acceptance. Our delivery service provider will not be obligated to carry your order beyond the entrance of the specified delivery address.

8.2. Regular delivery service is only available at addresses located in Hong Kong Island, Kowloon, New Territories, Tung Chung, Discovery Bay and Ma Wan (Not including any remote locations included in these districts) at our regular delivery fee. This service is available from 10am to 9pm between Monday and Saturday (excluding public holidays).

8.2.1. Should you have any inquiry about delivery, please feel free to contact us by email or phone number.

8.3. Delivery Time

8.3.1. For successful orders placed at our website between 9am to 6pm between Monday and Saturday (excluding public holidays) and confirmed by us via email, the estimated time for delivery to your specified billing address will be 2 - 5 working days (except weekends and public holidays).

8.3.2. Customers will be liable for a HK$100 penalty fee for delivery rescheduling due to failure to receive the delivery within the agreed time-slot, or incorrect delivery address.

8.3.3. We will deliver as scheduled to the best of our ability. Delivery time may be affected due to seasonal factors (E.g. Special promotional events) and festive periods (E.g. Christmas or Chinese New Year) and any other periods with special events, as we may need to cope with high volume of orders.

8.3.4. Pre-order purchases are not subject to clause 8.3.1, pre-order delivery times are set on a case by case basis, and delivery updates will be communicated to clients when appropriate.

8.4. Delivery services are not available:

8.4.1. At non-permanent address, restricted areas, hotel guest rooms, ports, marinas and warehouse;

8.4.2. At premises above the 4th floor of a building which are not accessible by elevator for delivery of 5 cases or more;

8.4.3. Where there are no authorized or legitimate unloading areas within 50 meters of the building of the delivery address.

8.5. After your order has been accepted, we will confirm with you about the expected delivery time and date. Please check whether all your ordered items are delivered against the invoice/delivery note (as the case may be) upon delivery, then sign and return the delivery note to our courier to confirm your acceptance of goods.

8.6. In cases where the deliveries are delayed due to hoisting of typhoon signal no.8 or above or black rain storm signal, we will try our best to arrange the products to be delivered on the next day.

8.7. If you fail to receive your ordered products upon the first delivery appointment or you give us inaccurate information or your address, we reserve the right to charge you an additional delivery fee for subsequent delivery(es).

8.8. All expected delivery dates and time are estimates only, We shall not be liable for any loss or damage incurred or suffered by the customer as a result of any late delivery.

8.9. We reserve the right to charge storage fees at our prevailing rates in the event that you fail to receive the ordered products within 2 weeks from the date of order confirmation not arising from our faults. In such a case, you are required to settle any outstanding fees before you can collect your order.

8.10. In case of any dispute, our determination shall be final.

9. Pickup Service

9.1. You will be notified by us via email when your ordered goods are available for collection at your selected physical location during business hours on the designated date of collection.

9.1.1. Order pickups under or over HK$1,200 are not liable for any charges or fees.

9.2. Please collect your purchased item(s) at your selected physical location within one (1) month from the designated date of collection during the specified business hours of the selected location. Otherwise, we reserve the right to transfer such goods to our warehouse for storage and charge you storage fees at our prevailing rates. In such a case, you are required to settle any outstanding fees before you can collect your order.

9.3. When you pick up the product in our physical location, you or your authorized representative will be required to produce your email confirmation for identity verification. We may need you to provide further information to verify your identity (such as your full name or other personal information under your account profile). If we are not satisfied that the person requesting to collect your order(s) is yourself or your authorized representative, we will refuse the collection of the order(s) in order to safeguard your interest.

9.4. Once the order is confirmed, we cannot change the selected location for collection.

9.5. If your selected location is closed due to weather or any other uncontrollable factors, you may pick up the products in the same location on the next day when the location is opened.

9.6. In the event that a pickup order has not been collected after a one (1) month period the customer will be liable for a variable storage fee for every month overdue.

9.6.1. If the ordered item(s) remain uncollected after three (3) months from the collection date, it will be considered an abandoned/forfeited product(s). The company will have full discretion on how to dispose of the product(s) without liability.

10. Exchanges & Refunds

10.1. Subject to 10.2. below,  you are entitled to exchange or refund products which are found to be damaged or wrong upon delivery. In such cases, you can contact us via email or phone number to make arrangements for exchange within 2 days of receipt. Otherwise under normal circumstances, we would not accept any request for exchange of products or cancellation of orders.

10.2. To be eligible for a return and/or refund, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging.

10.3. Certain types of items cannot be returned, like perishable goods which have been opened, or removed from their packaging, custom products (such as special orders or personalized items), Gift Vouchers, Sale Items, and Free Products. We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. 

10.4. If we agree you are entitled to an exchange but the products to be exchanged are sold  out, you may return such product(s) to us and apply the amount paid to buy alternative product(s).

10.5. In exceptional cases at our sole discretion, we may refund the amount paid to your credit card or bank account (takes 4-6 weeks).

10.6. Original sales receipt or relevant electronic receipt must be produced to us for the request of a product exchange or refund. Additional documents or evidence may be requested.

10.7. Any items provided free of charge must be returned together with the returned paid products. Otherwise the retail value of the gift item would be deducted from the refund.

10.8. Any items returned to us without prior exchange/refund request being approved  will not be accepted, and you will be liable for any related fees or charges.

10.9. In the event of an approved exchange/refund request, any damaged items may be disposed of and a replacement will be delivered free of charge, for exchanges instructions on how to proceed will be provided.

10.10. A copy of this Section is included in our "Exchanges & Refunds" Policy. In the event that these policies differ, the copy in these "Terms & Conditions" will take precedence.

11. Others

11.1. Title to the product(s) shall remain vested in us until we receive full payment of the price and risk shall pass to the customer upon delivery / collection of the product (as the case may be).

11.2. For any ordered goods that remain undelivered for 6 months or more from the date of order confirmation and/or storage fees remain unpaid for over 6 months, we shall have the right to dispose of such goods at our discretion without further notice to you. In such an event, we shall not be liable to make any refund or compensation to you; and we reserve the right to continue claiming you for the outstanding stage fees.

11.3. We shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits or any indirect or consequential loss whatsoever suffered, sustained or incurred by you or by another person arising (directly or indirectly) out of the sale and purchase transaction with you .

Last Updated 11/11/2024