Terms of Sale of Crush Wine & Spirits (hereinafter, “Crush”)
The following Terms of Sale (“Terms”) constitute a binding agreement between Crush and anyone who purchases goods from us (“You”).
1. Orders, Payment, and Title to Goods. By placing an order for alcoholic beverages, you warrant that you are at least 21 years of age, and that the person receiving delivery thereof will be at least 21 years of age. All goods are supplied in the State of New York, are subject to New York sales tax, and must be paid for in full prior to delivery. Title to goods passes to you at the time of payment.
2. Shipping. Our Shipping Terms are set forth on our Customer Service page and are made a part hereof and are incorporated herein by reference.
a. Crush will accept the return of wines that show observable defects such as cork taint, but any returned bottle must contain wine and the original cork for us to verify the defect. If the same wine is available, you will be offered a replacement. If the wine is no longer available, you will be issued a store credit. Notwithstanding the foregoing, (i) Crush does not refund or replace any wines over seven (7) years of age; and (ii) Crush does not offer refunds or exchanges on any order delivered internationally.
b. Crush will accept returns of unopened spirits (except if delivered internationally) up to 30 days from the date of purchase, as long as the original receipt is presented.
c. As we are unable to control how wine is stored after it leaves our store, we do not issue refunds or exchanges for unopened wines.
4. Sole Remedy. If, for any reason, Crush is unable to fulfill your order, Crush’s sole obligation and your sole recourse shall be a refund of the purchase price. Crush is not responsible for any breakage or damage of any kind once your order leaves our premises. In the event of any such damage, your sole recourse shall be against the shipper, not Crush.
5. Disclaimers. YOU UNDERSTAND AND ACKNOWLEDGE THAT MANY STATES IMPOSE LIMITATIONS ON BRINGING ALCOHOLIC BEVERAGES INTO THEIR JURISDICTION WITHOUT THE PURCHASER, SELLER OR SHIPPER FIRST ACQUIRING CERTAIN LICENSES OR PERMITS. CRUSH MAKES NO REPRESENTATION REGARDING THE LEGAL RIGHTS OF ANYONE TO SHIP OR IMPORT ALCOHOLIC BEVERAGES INTO ANY STATE OUTSIDE OF NEW YORK. MOREOVER, YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH SHIPMENT AND ASSUME ALL OBLIGATIONS FOR COMPLIANCE WITH ALL APPLICABLE LAWS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CRUSH DOES NOT ASSUME ANY OBLIGATION, AND SHALL BEAR NO RESPONSIBILITY WHATSOEVER, FOR APPLYING FOR OR OBTAINING ANY SUCH LICENSES OR PERMITS. ACCORDINGLY, THE PURCHASER IS STRONGLY ADVISED TO INVESTIGATE SUCH LIMITATIONS AND TO DETERMINE THE MANNER IN WHICH ALCOHOLIC BEVERAGES MAY LAWFULLY BE BROUGHT INTO PURCHASER’S JURISDICTION. PURCHASER IS RESPONSIBLE FOR ALL APPLICABLE EXCISE, USE, AND SALES TAXES DUE ONCE THE GOODS HAVE LEFT NEW YORK STATE.
6. Limitations on Warranties.
a. CRUSH MAKES NO WARRANTY, EXPRESSED OR IMPLIED, ABOUT THE ALCOHOLIC BEVERAGES SOLD EXCEPT THAT CRUSH IS CONVEYING CLEAR TITLE TO SAME AND, TO CRUSH'S KNOWLEDGE, THE CONTENTS ARE WHAT THE LABELS DESCRIBE THEM TO BE. IN ADDITION, BECAUSE WINE BY ITS NATURE IS SUBJECT TO CHANGE IN THE BOTTLE OVER TIME, CRUSH MAKES NO WARRANTY OR GUARANTY REGARDING THE QUALITY OR DRINKABILITY OF ANY WINE SOLD.
b. THE WARRANTIES SPECIFIED IN THIS THESE TERMS ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Modifications. These Terms may not be modified or amended by your purchase order or verbal or written instructions, or by an oral statement made by a salesperson. Crush has the sole right and discretion to modify or amend these Terms from time to time, provided that any such modification or amendment by Crush shall be binding upon you only for orders placed after the effective date of the modification or amendment. It is your responsibility to review these Terms (and any Shipping Terms) prior to placing any order with Crush.
8. Governing Law. These Terms and any dispute or controversy arising out of or related to these Terms or your orders and purchases (“Claims”) shall be governed by and construed, interpreted and resolved in accordance with the laws of the State of New York without regard to its choice of law provisions. All Claims shall be submitted exclusively to the federal and state courts of competent jurisdiction located in New York County, New York, and the Parties irrevocably consent and submit to such exclusive jurisdiction and venue, and waive any objection they may now or hereafter have with respect thereto.