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Terms & Conditions
Terms of Service and Conditions of Sale
WELCOME TO THE INTERNET SITE OF VINTNERS CRU, LLC (“VINSCRU.COM”). PLEASE NOTE THAT YOUR USE OF THE VINSCRU.COM SITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS OF SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS VINSCRU.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE VINSCRU.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY VINSCRU.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE VINSCRU.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
The Sale of Alcoholic Beverages
VinsCru.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. VinsCru.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person placing the order and receiving a shipment of alcoholic beverages from VinsCru.com is over the age of 21. You also agree that any alcohol purchased from VinsCru.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, VinsCru.com will prosecute you fully to the extent allowable by law. Further certification may be required at time of delivery. The billing address needs to be the address on your credit card statement. Your billing address is where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information on your order form.
Parental Control Protections
As required by the Communications Decency Act of 1996, VinsCru.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Gift Certificates
Gift certificates at this time may not be redeemed through the VinsCru.com website.
Pricing Errors and Omissions Excepted
Occasionally, our listed prices may be incorrect or the bottle size may be incorrect. For example, a 750ml size may be incorrectly priced as a 375ml bottle. When such situations occur, VinsCru.com shall be held harmless for the error. We make every effort to make sure that our product database is accurate, however mistakes do happen. We will not be responsible for typographical errors. In all cases, the customer will be contacted before any charges are made to the credit card for a decision to proceed or not proceed with the order at the correct price.
Shipping
All orders are processed at and shipped from our warehouse in Napa, California. Unless you live on the West Coast, 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. Expedited delivery generally isn't much more expensive and is more than worth it in order to protect your investment!
You must be 21 years of age to order or receive alcoholic beverages from VinsCru.com. Any shipments containing alcoholic beverages are sent with an “Adult Signature Required” sticker, and the common carrier that delivers our merchandise is required to ask and check for identification upon delivery. You or another adult over the age of 21 years must be present at the time of delivery.
Please note your orders are immediately packaged and scheduled for delivery upon receipt, but may be delayed until ideal weather and shipping conditions arise to protect your order.
We ship by ground or air and our prices include packaging materials. Insurance may be available for an additional charge.
A small portion of our products are sold on a “pre-arrival”, "in-transit" or “futures” basis. These products are explicitly indicated as “pre-arrival”, "in-transit" or “futures” on our website and/or emails, along with the expected arrival dates. VinsCru.com will notify you by mail or email when your “pre-arrivals” or “futures” have arrived and are ready to be shipped. You will be given the opportunity to coordinate the proper shipping address and method with us at that time (we won't automatically ship out pre-arrival wines when they arrive).
VinsCru.com will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that VinsCru.com in its sole discretion believes that such shipment will not subject VinsCru.com to the risk of any sort of legal action or other harm. If a buyer lives in a state where the direct shipment of wine by VinsCru.com violates the law, we suggest that the buyer provide an alternative address in another state or have their wine shipped to a third-party storage facility in a direct shipping-friendly state. Although we do not provide an endorsement of any facility and are not affiliated with any such facility, we do recommend that you contact the facility directly to determine if their costs and services meet your needs. Some examples of third party storage facilities that you can contact include Fifty-Five Degrees in St. Helena, California (707-963-5513).
All wines are sold in California and title passes to the buyer in California. VinsCru.com makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California. Please note that VinsCru.com may not be able to ship wine to certain states - due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. We will contact you by email if your order is negatively affected by new shipping regulations. The buyer is solely responsible for shipment of wines. By placing an order, you are authorizing VinsCru.com to act on your behalf to engage a common carrier to deliver the items in your order. Please contact VinsCru.com (orders@VinsCru.com) with any questions or concerns you may have regarding our shipping policies.
UPS, DHL, and Federal Express shipments are restricted to California and states reciprocal with California.
Returns
All requests for returns or cancellations must be made within 7 days of the invoice date, no exceptions. Because of the fees charged by your credit card company when we charge and subsequently credit your card, we will enforce the collection of our restocking fee if your card has already been charged. We charge your card when your order is reserved for you. If we haven't charged your credit card, you may cancel the order without being subject to our restocking fee. If we have already charged your card, the cancelled processed credit card order for all items - in-stock, in-transit, futures (pre-arrivals) - shipped or not, are subject to a 10% restocking fee. Please check your order receipt carefully to make sure you ordered the correct wine. We will not be responsible for any incorrect orders placed by, the customer. Any incorrect orders that are processed and shipped will be subject to a 10% restocking fee, and the customer will be responsible for return shipping fees. The prices for wine can fluctuate greatly from day to day – therefore, we do not accept returns for wines based on price changes within the marketplace.
Sales Tax
All wine is sold in the state of California and the title passes to the buyer in California. All purchases shipped to California addresses will be subject to an 8.75% sales tax.
Disclaimer of Warranties
ALTHOUGH VINSCRU.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE VINSCRU.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE VINSCRU.COM SITE. VINSCRU.COM DOES NOT WARRANT THAT YOUR USE OF THE VINSCRU.COM SITE, OR THE OPERATION OR FUNCTION OF THE VINSCRU.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE VINSCRU.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. VINSCRU.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE VINSCRU.COM SITE. THE VINSCRU.COM SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL VINSCRU.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE VINSCRU.COM SITE, THE USE OR PERFORMANCE OF THE VINSCRU.COM SITE, THE DELAY OR INABILITY TO USE THE VINSCRU.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VINSCRU.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VINSCRU.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VINSCRU.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VINSCRU.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VINSCRU.COM SITE.
Force Majeure
VinsCru.com shall be excused from performance under this Terms of Service. If VinsCru.com is presented, forbidden or delayed from performing, or omits to perform, any act or requirement because of: (i) any provision of any present or future law or regulation or order of the United States, or any state thereof, (ii) any act or omission of a third party, or (iii) any act of God, emergency condition, war, computer or telecommunication failure or other circumstances beyond the control of VinsCru.com.
General Provisions
You agree that VinsCru.com and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the VinsCru.com website may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of VinsCru.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VinsCru.com in writing. The Terms of Service, along with the VinsCru.com Privacy Policy, comprises the entire agreement between you and VinsCru.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of VinsCru.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of VinsCru.com shall be null and void. These Terms of Service will inure to the benefit of VinsCru.com's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in Napa County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the website.
Our Guarantee
VinsCru.com strives to provide its customers with the highest quality products and service. Your satisfaction is our first priority. If, for any reason, you are dissatisfied with your order, please contact us within 7 days of the date of your order for customer care assistance. For fastest results, contact us by emailing info@VinsCru.com. As is tradition in the wine trade, all bottles 5 years or older are purchased at the buyer's risk, and we cannot be responsible for “corked” bottles. BUT if you're not happy with a purchase, please contact us so we can work out an agreeable resolution.
All wine sold by us is maintained at optimum conditions. We consider wine to be out of our control once it has been handed over to the shipper and we cannot be responsible for improper storage after it has been delivered, and as such we cannot accept returns for the following:
Wines that do not coincide with personal tastes.
Wines that have been adversely affected by customer’s storage.
Any other adverse condition affected while in customer’s care.
You must be 21 and over to purchase and consume wine and alcohol. By using this website, you agree to be bound by the Terms of Service above.
If you have any questions about these Terms of Service, please contact us at info@VinsCru.com
The Terms of Service and Conditions of Sale were updated October 21, 2009.
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