The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
Legal Notice
All notices from VintageWineNow.com to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to VintageWineNow.com shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail. VintageWineNow.com 5 Seafaring DR Newport Beach, CA 92658 Delivery shall be deemed to have been made by You to VintageWineNow.com five (5) days after the date sent. Copyright All content appearing on this Web site is the property of: VintageWineNow.com PO Box 8532 Newport Beach, CA 92658 Copyright © 2005-2022 VintageWineNow.com. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2005-2022 VintageWineNow.com. All rights reserved. Trademarks All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by VintageWineNow.com. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of VintageWineNow.com or any third party, except as expressly granted herein. Use Of Site This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. VintageWineNow.com and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if VintageWineNow.com believes that customer conduct violates applicable law or is harmful to the interests of VintageWineNow.com and its subsidiaries. Privacy Policy VintageWineNow.com use of personal information that you may submit to VintageWineNow.com through this Web site is governed by the VintageWineNow.com Privacy Policy. We respect your privacy. Therefore we never share or sell your personal information with any third parties. Any information collected through this site is intended to be used for this transaction only. Your personal information is secured via SSL (Secure Socket Layer) Technology. Shipping & Delivery At this time, VintageWineNow.com ships merchandise to locations within the continental United States. VintageWineNow.com does not ship to the follow states to due state local ordinance: Alabama Mississippi New Hamphire New York Utah Our preferred ship day is Monday to reduce weekend storage in shipper warehouses. If you prefer another ship date, please let us know. VintageWineNow.com may ship to other locations, but please call for shipping prices, terms and availability. The risk of loss and title for all merchandise ordered on this Web site pass to you (customer) when the merchandise is delivered to the shipping carrier. You, the customer, chooses the shipping method thereby taking title once delivered to your choice of shipper. Items purchased will be delivered or returned from the shipping carrier if not picked up within three days of attempted delivery. VintageWineNow.com offers several shipping options detailed for each product in the shopping cart. The price and delivery estimates are available from the shipping merchant you choose at time of checkout in the shopping cart. Again, title and ownership transfer to you, the buyer, when the product is delivered to the shipping carrier. Wine shipments cannot be insured against loss resulting from hot or cold temperatures or high or low pressures; we strongly suggest using accelerated shipping methods, or delaying shipments until weather conditions are moderate. All purchased items will be shipped to the Buyer from our Southern California warehouse after receiving payment for the purchase price and pre-paid shipping charges. Buyer will have an opportunity to select his or her shipping preferences, provided the requested shipping address is within a state that allows the Buyer to import alcohol directly. If a customer lives in a state where importation of wine by a consumer may be questionable because of any state law or regulation, we require that the customer provide an alternative address in another state or have their wine shipped to a third-party storage facility in a direct shipping-friendly state. Buyer may also arrange to pick up the wine from our warehouse in Irvine, California. We strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions (temperature) and longer delivery times can often result in the spoilage of your order. We do not make additional profit on accelerated delivery, but we recommend faster shipping options to our customers. Since the sale of the wine between Seller and Buyer takes place at VintageWineNow.com Southern California facility, the Buyer becomes the owner of the wine at the time of final payment and delivery to the buyer's selected shipping carrier. Special Note: Though every effort is made to describe or measure the levels of older vintages, corks more than fifteen (15) years old begin to lose their elasticity and levels can change between cataloguing and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines. UNDER NO CIRCUMSTANCES CAN AN ADJUSTMENT OF PRICE OR CREDIT BE MADE AFTER DELIVERY IF THE PRODUCT HAS BEEN AFFECTED BY CORK FAILURE. We offer free storage for up to six months so you can choose an appropriate time to ship your wine. The older the bottle, the faster shipping method you should select in the cart during checkout. To save shipping costs, we regularly use industry standard recycled shipping containers. This saves you shipping expense as well reduces environmental impact. International Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details. Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. VintageWineNow.com is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. Sales Tax VintageWineNow.com charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped. Warranties The Content included in this website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. VintageWineNow.com makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this website or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. VintageWineNow.com SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL VintageWineNow.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -- OR Depending on State -- The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by VintageWineNow.com. The references and descriptions of products or services within the website materials are provided "as is" without any warranty of any kind, either express or implied. VintageWineNow.com is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this website or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this website are the sole responsibility of the companies providing the information ("advertisers" or “manufactures”), and not VintageWineNow.com. The inclusion of material on this server does not imply any endorsement by VintageWineNow.com, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although VintageWineNow.com tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct. Unless otherwise disclosed, Buyers should expect that all wine has been inspected and pre-approved for label condition, bottle fill level, cork condition, capsule condition, and color by a qualified VintageWineNow.com employee. All wine is sold "As Is." While every attempt has been made to describe all property as accurately as possible, VintageWineNow.com does not warrant or represent, and denies responsibility for, the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statements of opinion and at no time can be construed as warranties and representations of fact or assumption of any liability on the part of VintageWineNow.com. VintageWineNow.com is the agent of the Seller and is not responsible to you for any breach of contract or other default by any Seller. The wine industry estimates that between three (3) and seven (5) percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole (“TCA”) within the cork. TCA has a distinctive odor resembling moldy newspaper or a damp basement. In almost all cases of “corked” wine, the aroma of the wine is reduced significantly, wine with small amounts of TCA are drinkable but a heavily tainted wine is completely undrinkable. The level of TCA that is drinkable verses those that are not is a personal preference and varies from person to person. Since some of our wine is consigned, and much of it is very rare, we cannot replace wines that have been ruined because of cork taint. WE DO NOT ACCEPT RETURNS OF CORKED WINE NOR DO WE REFUND FOR CORKED WINE. Return Policy You may purchase merchandise from this Web site by using any one of the payment options listed in the shopping cart. VintageWineNow.com reserves the right to change its payment procedures at any time without prior notice. Alcohol products cannot be returned or refunded. Accessory product can be returned with prior approval and an approved RA (Return Approval) number. Use the Contact page to request an RA number. Defective accessory merchandise (not product containing alcohol) can be returned within 10 days of the original purchase date for a full refund minus shipping charges. We will also be glad to exchange the damaged accessary merchandise for anything on our site of equal or lesser value. We will only issue a refund to the credit card used at the time of checkout. To initiate a refund or exchange, please fill out the form on the Contact Us tab of this website. Notwithstanding any other provisions of these Terms and Conditions, should VintageWineNow.com receive any written claim within twenty (20) calendar days of the sale of any property is not of the vintage or from the producer as was represented by VintageWineNow.com, or that any property is with a shortage, or otherwise out of condition, or that any statement on the web site is without basis, then VintageWineNow.com will judge such claims through inspection of the property or by any other reasonable means, and may refund the purchase price; provided, however, that Buyer directly purchased the property through VintageWineNow.com. At all times the decision ofVintageWineNow.com regarding the quality of property returned toVintageWineNow.com under this or any other provision of these Terms and Conditions in VintageWineNow.com’s capacity will be final and binding on all parties. The wine industry estimates that between three (3) and five (5) percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole (“TCA”) within the cork. TCA has a distinctive odor resembling moldy newspaper or a damp basement. In almost all cases of “corked” wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since all of our wine is consigned, and much of it is very rare, we cannot replace wines that have been ruined because of cork taint. WE DO NOT ACCEPT RETURNS OF CORKED WINE NOR DO WE REFUND FOR CORKED WINE. Wine shipments cannot be insured against loss resulting from hot or cold temperatures or high or low pressures; we strongly suggest using accelerated shipping methods, or delaying shipments until weather conditions are moderate. Store Hours Customer service is available 24 hours a day. We will respond to written email, letters or phone calls as soon as we can, usually the same day. If we are not available by phone, please leave a message or fill out a contact request on the Contact Us tab. Miscellaneous Wine shipments cannot be insured against loss resulting from hot or cold temperatures; we strongly suggest using accelerated shipping methods, or delaying shipments until weather conditions are moderate. STORAGE: VintageWineNow.com will hold and store purchases for up to ninety (90) days as a courtesy, after which time, VintageWineNow.com reserves the right to charge the Buyer storage fees without his or her consent. While in possession of buyer purchases, VintageWineNow.com assumes responsibility for insuring such items against loss by theft, fire, earthquake, or by any causes beyond VintageWineNow.com's reasonable control. When purchased items are either shipped to the Buyer VintageWineNow.com assumes no responsibility for the shipment. INSPECTION GUIDELINES: The level of wine in the bottle is an important influence on the quality of the wine. For Bordeaux, Burgundy, Saturnes, Port, Cabernet Sauvignon, and other wines in bottles with defined shoulders, the designations appearing below will be used for all VintageWineNow.com sales. Appearance designations cover level of wine in the bottle, condition of capsule, label, strip label, and color of the wine. Every bottle is closely inspected by VintageWineNow.com and is assessed as precisely as possible. The notation "OWC" means original wooden case, and "OCB" means original cardboard box. INDEMNFICATION: You agree to indemnify and hold harmless VintageWineNow.com and all of its officers, directors, owners, shareholders, trustees, partners, members, employees, agents, successors and assigns any and all claims, actions, damages, fines, penalties, liabilities, losses, costs and expenses (including without limitation reasonable attorney’s fees) arising out of, relating to or in connection with: (i) your use of the VintageWineNow.com website or VintageWineNow.com services; (ii) your purchase of property; (iii) shipment of any property under these Terms and Conditions; (iv) any claims brought or asserted by any third party claiming title to the property bought or sold by you at VintageWineNow.com; or (v) any error, misdescription or omission, or any breach of any representation or warranty, by the Seller in connection with any property sold through VintageWineNow.com. WAIVER: No inaction, delay, or failure by VintageWineNow.com to enforce the provisions of these Terms and Conditions shall be construed as a waiver of its right hereunder. No waiver by VintageWineNow.com in any instance or at any time of any of its rights, including without limitation its rights under these Terms and Conditions, shall preclude or stop VintageWineNow.com from invoking such right in any other instance at any other time. SEVERABILITY: In the event that any part of these Terms and Conditions is deemed invalid or unenforceable, the remainder shall remain in full force and effect. VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. VintageWineNow.com and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited. PRIVACY AND SECURITY OF PERSONAL INFORMATION: These terms and conditions includes the terms of use of our privacy policy. We reserve the right to revise the privacy policy from time to time and advise you check the policy before each use. VintageWineNow.com is committed to safeguarding the personal information entrusted to us by our users. Policies concerning the use and disclosure of any personal information is governed byVintageWineNow.com privacy policy. DISPUTE RESOLUTION: California law governs these Terms and Conditions. In the event of any dispute related to any subject of these Terms and Conditions, you agree that the same shall be resolved by arbitration in Orange County, CA in accordance with the Comprehensive Rules and Procedures of JAMS Arbitration, Mediation, and ADR Services (www.jamsadr.com) or its successor then in effect, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator shall be final and binding on the parties. The arbitrators are not empowered to award damages in excess of compensatory damages, but shall include in the final award an allocation of attorneys’ fees, costs and expenses incurred in the arbitration, whether or not such fees, costs and expenses would otherwise be recoverable under applicable statutes and rules of court. The arbitrator shall render the award in writing, explaining the factual and legal basis for decision as to each of the principal controverted issues. The parties and each of them expressly agree that any petition to confirm, modify or enforce the arbitral award, other than for non-payment of goods sold and delivered, shall be resolved in a State or Federal Court of competent jurisdiction in Orange County, CA, to which jurisdiction the parties hereby submit. GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of VintageWineNow.com shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury. MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and VintageWineNow.com with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and VintageWineNow.com with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by VintageWineNow.com. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.
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