Terms of Service
TERMS AND CONDITIONS
By using this webpage you agree to these terms and conditions. These terms and conditions are subject to change at any time and from time to time.
By placing an order for wine, you warrant that you are 21 years of age or older and that your order will be received by someone 21 years of age or older. Adult signatures are required for all deliveries.
If you would like your wine delivered or shipped to you we will contract with a third party carrier on your behalf to ship; by requesting delivery of your order you authorize us to do so. We are not responsible for any breakage or damage of wine by the carrier and you are responsible for all insurance as well as shipping costs. We make no representations as to your legal rights to ship or import wine from New York or into any other state; you are solely responsible for complying with all applicable laws, obtaining all necessary license or permits, and paying all tax or other amounts due.
We make no warranty, expressed or implied, about the products being sold, except that we are conveying clear title to the bottles sold and that, to our actual knowledge, the bottles contain what their labels say. Title passes to you in New York at the time of purchase. This contract is entered into in New York and shall be enforceable there under the laws of New York State. THE WARRANTIES SPECIFIED IN THIS CONTRACT ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Some of the wines we offer are rare and extremely limited. We will do our best to fulfill your order but if we are not able to do so our sole obligation and your sole recourse is a refund of the purchase price. Prices are good only while supplies last and are subject to change. No order is complete until paid for in full. We are not responsible for typographical errors or other inaccuracies or omissions.
Use of this site
You may use this site for lawful shopping purposes only. You may not harm the site in any way or otherwise use the site in any criminal manner, including, but not limited to hacking into the site’s systems, spoofing or faking email headers, or slowing or stopping the functionality of the site.
Upon registering you agree to provide true, accurate, and complete information about yourself as directed by the registration form. If you provide any information that is inaccurate, untrue, incomplete or suspicious, we reserve the right to terminate your account and refuse any and all current and future use of this site.
You are responsible for maintaining the confidentiality of the password and account that you create upon completion of the registration process. You are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account, or any other breach of security. You agree to ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this agreement.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL WE BE RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGED LINKS.
THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WEBSITES OR RESOURCES. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU AGREE THAT WE SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
You agree to indemnify, defend, and hold Flatiron-wines.com, its owners, agents, affiliates, officers and employees, harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and costs, resulting from any violation of this agreement by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Modifications and Interruption to Service
We reserve the right to modify or discontinue the website with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the website. You acknowledges and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the webpage in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2012 Flatiron-Wines.com, with all rights reserved, or is the property of Flatiron Wines, Inc and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Flatiron Wines, Inc is strictly prohibited. You agree that not to use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Flatiron Wines, Inc.
Flatiron Wines, Inc
New York, NY 10010