Use of elgaucho.asia Site

The elgaucho.asia website (the “Site) comprises of various web pages operated by Gaucho Co., Ltd and is provided to you free of charge for your personal use subject to these Terms and Conditions (“Terms”). By using the Site, you agree to be bound by these Terms and Conditions, which govern your use of elgaucho.asia Site and all services provided in connection with it.

Amendments and assignments

We may update these Terms from time to time and any changes will be fully visible and require your newly confirmation during transactions processed via the Site, which will then indicate your agreement to be bound by the new Terms. You may not assign or transfer these Terms, by operation of law or otherwise, without elgaucho.asia and its related entities prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Elgaucho.asia and its related entities may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Registration and your account

To register with elgaucho.asia you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. Using this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that elgaucho.asia or its related entities are not responsible for third party access to your account that results from theft or misappropriation of your account. Elgaucho.asia and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Communications and excluded services

The services provided by elgaucho.asia Site do not include the provision of computer or other necessary equipment to access the Site. To use the Site, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur. Visiting the Site or sending emails to the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Intellectual property

The content of elgaucho.asia Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from us. No license is granted to you in these Terms and Conditions to use any trade mark of elgaucho.asia or its related entities.

Limitations

You may not use the Site for any of the following purposes:
1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
2. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
3. gaining unauthorised access to other computer systems
4. interfering with any other person’s use or enjoyment of thepremiumbutcher.ie Site
5. breaching any laws concerning the use of public telecommunications networks
6. interfering or disrupting networks or web sites connected to thepremiumbutcher.ie Site
7. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
8. elgaucho.asia and its related entities reserves the right to refuse to post material on elgaucho.asia Site or to remove material already posted on the Site.
9. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
10. any claim by any third party that the use of elgaucho.asia Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
11. any claim by any third party that the use of elgaucho.asia Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
12. any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of elgaucho.asia Site by you.

Availability of elgaucho.asia Site

Although elgaucho.asia aims to offer you the best service possible, elgaucho.asia makes no promise that the services at elgaucho.asia Site will meet your requirements. Elgaucho.asia cannot guarantee that the service will be fault free. If a fault occurs in the service, you should report it to the Customer Services (see below for contact details) or by email at info.vietnam@elgaucho.asia we will attempt to correct the fault as soon as we reasonably can.
Your access to the elgaucho.asia Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. elgaucho.asia will attempt to restore the service as soon as it reasonably can.

Suspension or cancellation of your registration

Elgaucho.asia may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using elgaucho.asia Site. The suspension or cancellation of your registration and your right to use elgaucho.asia Site shall not affect either party’s rights or liabilities and these Terms and Conditions shall survive cancellation.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute lines should selected lines be unavailable unless you request us not to do so.

Links to third party sites/Third party services

Elgaucho.asia may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of elgaucho.asia or its related entities and elgaucho.asia, nor its related entities are responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Elgaucho.asia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by elgaucho.asia of the site or any association with its operators. Certain services made available via elgaucho.asia are delivered by third party sites and organizations
By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that elgaucho.asia or its related entities may share such information and data with any third party with whom elgaucho.asia or its related entities has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

Elgaucho.asia’s liability

The Site is provided by elgaucho.asia without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Site provides content from other Internet sites or resources and while elgaucho.asia tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. elgaucho.asia or its related entities will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. If elgaucho.asia or its related entities are informed of any inaccuracies in the material on the Site, we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:

• incompatibility of the Site with any of your equipment, software or telecommunications links
  • technical problems including errors or interruptions of the Site
  • unsuitability, unreliability or inaccuracy of the Site
  • inadequacy of the Site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to elgaucho.asia Site. Nothing in this paragraph applies to elgaucho.asia or its related entities liability in respect of products sold through the Online Stores. Nothing in these Terms and Conditions shall exclude elgaucho.asia liability for personal injury or death caused by its negligence. Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

Advertising and Sponsorship

Part of the Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Applicable Law and area of service

The Service is controlled, operated and administered by elgaucho.asia and its related entities from the offices within Ho Chi Minh City. The service is only available for those who reside in Vietnam.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Socialist Republic Of Vietnam and any disputes will be decided only by the Socialist Republic Of Vietnam courts.

Indemnification

You agree to indemnify, defend and hold harmless elgaucho.asia and its related entities, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Elgaucho.asia and its related entities reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Elgaucho.asia and its related entities in asserting any available defenses.

Delivery

Delivery will be made to the address specified by you on the completed order form. Whilst we make every effort to deliver your goods within 48 hours or as otherwise agreed, we will not be liable if we fail to do so due to circumstances beyond our control.

Payment

You can pay by any credit card listed in the payment options, while your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order. Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

Return

We are committed to providing our valued customers with high-quality meat. However, we do understand sometimes refund requests may be made. This policy sets out circumstances in which we may provide refunds in respect of a specific issue, at our absolute discretion.
We will gladly replace or refund incorrect products delivered/received while we will not issue refunds for change of mind or incorrect product choice. With the acceptance of products at delivery, no later replacement or refund is applicable or will be processed. In order to accept returns for products/items, you need to notify us in writing directly at delivery, no later point in time will be accepted.

General Product Terms and Conditions

These Terms shall be governed by and construed in accordance with the laws of the Socialist Republic Of Vietnam and any disputes will be decided only by the Socialist Republic Of Vietnam courts. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and elgaucho.asia and its related entities ignores this, elgaucho.asia and its related entities will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. Elgaucho.asia or its related entities shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

Contact Us
We welcome your questions or comments regarding the Terms:
Gaucho Co., Limited, 74/1-74/1A Hai Ba Trung Street, Ben Nghe Ward, Ho Chi Minh City, info.vietnam@elgaucho.asia

Effective as of 1st of October 2017