PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Our normal business hours are: 8:00 am to 5:00 pm (Pacific) Monday through Friday
Shipping
Shipping wine is not as easy as shipping a book or a sweater – we have to protect it from damage, jostling, and extreme temperatures. Accordingly, we repack all our wine shipments in special wine shipping cases. Generally we ship GROUND for all our shipments unless our customers specify otherwise. However, if you really need the wine sooner or you are concerned about temperature, please consider an expedited means of transportation.
We have tried to keep our shipping rates as reasonable as possible considering that wine is heavy, a special item (alcohol -which requires a signature), and needs special packing. Once imported wines come to our facility we have to pick the order, repack it, and send via commom carrier (UPS or Fedex)
Temperature Extremes: our default means of shipping is UPS or Fedex Ground. If you live in an areas where temperatures are extreme, please choose an expedited method of transportation. The winery nor WineVIP.com can be responsible for damages or spoilage due to extreme weather conditions.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of VinAccess International, herein dba WineVIP. You may not display, download or print portions of the material from any areas of the site solely for your own commercial or non-commercial use, or to place an order with WineVIP or any of our suppliers. Any other use, is strictly prohibited, unless authorized by WineVIP in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Additionally, all trademarks, service marks and trade names of WineVIP used in the site are trademarks or registered trademarks of WineVIP.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, WineVIP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. WineVIP does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. WineVIP does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
WineVIP shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if WineVIP has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a WineVIP product is mistakenly listed at an incorrect price, WineVIP reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, WineVIP shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by WineVIP without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. WineVIP may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products from WineVIP) shall be in the state or federal courts located in Marin County, California. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. WineVIP’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. WineVIP may assign its rights and duties under this Agreement to any party at any time without notice to you. Offer void where prohibited.
All wines are sold in California and title passes to the buyer in the State of California. The buyer is solely responsible for the shipment of wines from California to his/her home state. By placing this order with us, buyer authorizes WineVIP to act on your behalf in processing this order, including engaging a common carrier to deliver it. By arranging for transportation of the wine, WineVIP is providing a service to, and acting on behalf of the buyer. The buyer is solely responsible for the shipment of wine purchased and for determining the legality and the tax/duty consequences of having the wine shipped to their destination.
Wine may be sold and delivered only to persons who are at least 21 years of age and in placing your order you represent to us that you are at least 21 years old. When your wines are delivered, the person receiving delivery will be required to show identification proving that he or she is at least 21 years of age. Partner offers subject to the terms and conditions of each individual offer. Not all wines are available in all states. WineVIP operates as a California business subject to the laws and taxes of California.
Use of Site
Impersonation of others, including a WineVIP or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Indemnification
You agree to indemnify, defend, and hold harmless WineVIP, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
WineVIP, may at times, link to sites operated by third parties. However, WineVIP has no control over these linked sites, all of which have separate privacy and data collection practices, independent of WineVIP. These linked sites are only for your convenience and therefore you access them at your own risk.
