Wine Sale Terms
You must be at least 21 years of age to order any products or services from the Company, whether through this Site or otherwise. By ordering such products or services you represent that you are at least 21 years of age. A person who is of legal age must sign for the delivery and have available a government-issued photo-identification to present to the person making delivering any wine. By placing an order with the Company you represent to us that you and the person signing for delivery are both at least 21 years of age. The Company will not be held responsible for lack of identification by you or any person signing for delivery and you will be responsible for any fees associated with the return.
Product Descriptions, Availability and Pricing
The Company attempts to be accurate in its product descriptions. However, the Company does not warrant that wine descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If any wine offered by the Company is not as described, your sole remedy is to contact the Company within seven days of your receipt of the wine and arrange to credit your account and to return of the wine in unused condition, at the Company’s expense. All orders are subject to availability. In particular, old, rare and fine wines may be available only in very limited quantities. We will not be subject to liability as a result of the non-fulfillment of any orders. We reserve the right to make price corrections and to contact you, in the event of a pricing error.
The Company may, in its discretion, offer insurance coverage for deliveries of purchased wine, at prices arranged with the Company or specified on the Site. The terms and provisions of such coverage are qualified in their entirety by the terms of the applicable policy.
Shipping Policies and Sales Tax
ALL ALCOHOLIC BEVERAGES PURCHASED FROM WINE CELLARAGE ARE SOLD IN THE STATE OF NEW YORK AND TITLE PASSES TO THE BUYER IN NEW YORK. You are solely responsible for the shipment of alcoholic beverage products. By placing an order with Wine Cellarage, you authorize Wine Cellarage to act on your behalf to engage a common carrier to deliver your order.
You hereby agree that by directing the Company to make a shipment of wine, you are authorizing the Company to act on your behalf to engage a common carrier to deliver wine you’ve ordered, at your expense. The Company will not ship via the U.S. postal service or to a post office box. Wines may only be delivered to persons who are at least 21 years old. The Company does not make any representation concerning the legal rights of any person or entity to ship or import wine into any jurisdiction. By utilizing this service, you are representing that you are acting in full compliance with any and all applicable state, local and other laws, rules and regulations regarding the purchase, transportation and delivery of wine. You represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, is legally entitled to take possession of wine and are legally entitled to ship said wine. If wine is shipped to you in New York State, you will be required to pay New York State sales tax due with respect to such shipment, at the time of payment of the sales price for the shipment. If wine is shipped to any other state or jurisdiction, you will be responsible for any and all sales, use and other taxes due with respect to such sales. You hereby agree to indemnify and hold the Company harmless from and against any and all claims, causes of action, losses, costs, expenses, damages or liabilities, state, local or other administrative or legal violations or penalties and any and all taxes (other than New York State sales tax collected by the Company) arising from such shipment of wine, including reasonable attorney’s fees and expenses which the Company sustains by reason of any wine shipments made on your behalf.
Future Arrival Shipping Policy
Wine orders containing a combination of In-Stock and Future Arrival wines will be divided into two shipments and you will receive your In-Stock wines in the first shipment. You will then be notified via email once your Future Arrival wines are available to ship and we will schedule the shipment with you at that time.
Weather and Other Conditions
We may delay shipment in order to prevent possible damage to wine due to temperature extremes or other conditions of which we are aware. We assume no liability for any delay in shipment or for any damage to wine due to temperature extremes or other weather, temperature or other conditions applicable to any shipment (including changes to wine during shipment), regardless of whether or not we delay shipment. If we notify you that we intend to delay shipment, and you nonetheless insist on shipment prior to the time that we believe is advisable, we may require, as a condition to shipment, that you confirm, in a writing satisfactory to us, your instructions and acknowledgement that we will not be responsible for any damage to the wine by reason of temperature extremes or other conditions; however, we will not be liable for such shipment even in the absence of such a confirmation.
The Company will only accept returns within thirty (30) days for wines that are “corked” or flawed in quality. We will replace or refund such defective wines once they have been returned to us and found to have been defective at the time of shipment from our facilities. Return of non-defective wines may be accepted at the Company’s discretion. A restocking fee of up to 10% of the value of the returned non-defective wine may be assessed at the Company’s discretion. The Company cannot be responsible for damage resulting from Force Majeure, nor can we be held accountable for improper storage of wine or improper handling following shipment from our facilities. “Force Majeure” means war or civil commotion, Acts of God, seizure or other acts of civil or military authority, insurrections, riot, strike, acts of terror, enemies of the government, failure of public utilities, embargoes, riots, civil disturbances, fires, explosions, storms, floods, typhoons, earthquakes, and other natural calamities, strikes and labor disputes, any threat of any of the foregoing, and any other cause beyond the reasonable control of the Company.