Who We Are
You must be at least 21 years of age to order any products or services from the Company, whether through this Site or otherwise. If you use 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 use a false e-mail or other address, impersonate any person or entity, or otherwise mislead the Company, whether in relation to credit or payment information or any other matter. The Company reserves the right to refuse service or terminate accounts, or cancel orders in its sole discretion, without prior notice. You also agree that we will not be liable to you or to any third party for any such action.
Wine Sale Terms
Services for the Wine Trade
Additional Services for Non-Trade Customers
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site, and reserve the right to communicate by other means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by via this Site will satisfy any legal requirement that those communications be in writing. Similarly, your acknowledgement or agreement to any terms or arrangements specified by us by electronic means, including, without limitation, by means of any “click-through” or similar agreement, will satisfy any legal requirement that those communications be in writing. E-mail and other electronic communications are not encrypted and may not be secure. Please bear this in mind when transmitting any private or confidential information through this Site or by other electronic means.
The Site may be viewed in the United States and elsewhere, and contains references to products or services not available in all states or countries. References to a particular product or service do not imply that the Company intends to make such products or services available in all states, countries or other jurisdictions, and nothing in this Site will constitute an offer of any products or services in any jurisdiction, or to any person or entity, if the offer or provision of the products or services would be contrary to applicable law.
License and Site Access
Linking to this Site
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of the Company as part of these links without the express, prior written consent of the Company.
You may not send the Company (or any other person or entity if such communication is through this Site) any e-mail, e-card and other communication, or submit any suggestion, idea, comment, question, or other information, if it is in any manner illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or 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 form of “spam”. We may, in our discretion, terminate the rights of any user to visit or utilize this Site as a result of conduct that we deem unacceptable.
Intellectual Property Rights
All content included on this Site (and the compilation of that content) is the property of the Company or its content suppliers and is protected by United States and international copyright laws. The term “Content” includes, but is not limited to: text, design, graphics, logos, button icons, images, audio and video clips, digital downloads, interfaces, data compilations, programs, software, and code. The Company is also the owner of the registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Site (other than any third-party marks or other intellectual property), including, without limitation, The Wine Cellarage and the associated logo. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content or other intellectual property contained in this Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of the Company or use any metatags or any other “hidden text” utilizing any of the names of the Company.
Copyright or Intellectual Property Complaints
The Company respects the intellectual property rights of others, and we ask our users to do the same. We will not post any user communications on our website without appropriate permission. We may, in our discretion, terminate the rights of any user to visit or utilize this Site if a user infringes, or is alleged to have infringed, the intellectual property rights of others.
Links to Other Web Sites
Disclaimer of Warranties and Limitation of Liability
The Site is provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, and to the fullest extent permissible by applicable law, disclaims all such representations and warranties as to the operation of this Site or the information, content, materials, or products or services available through this Site, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of this Site is at your sole risk. The Company does not warrant that this Site, its servers, or e-mails sent from the Company are free of viruses or other harmful components. The Company will not be liable under any theory of contract, negligence, strict liability or any other legal or equitable theory for any loss, cost, expense, damage, liability, loss or injury of any kind arising from the use of this Site (even if we have been advised of the possibility of such a result), including, without limitation, the purchase of products or services through this site or any related transactions, the denial or interruption of access to this Site, any inaccuracies in the information provided in this Site Without limitation as to the foregoing, in no event will the Company be liable for any direct, indirect, incidental, special, punitive, and consequential damages. Certain state and other laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Reservation of Rights; Severability; Headings; Construction
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.
No Prior Agreements