Terms of Service

TERMS AND CONDITIONS OF SALE
Our Shipping Policy
All wines and spirits purchased from Millesima USA LLC are sold at its licensed premises in New York State, where title passes to the buyer. For a shipping and handling fee, Millesima will, at the request of the buyer, arrange shipment of wines only (not spirits) to a buyer in certain other states. Buyers are advised that some states place restrictions, including but not limited to limits on quantity, on the alcoholic beverages which a resident may bring into the state, and it is the buyer’s sole responsibility to be informed of and abide by such restrictions, and to comply with any conditions the buyer’s state may impose, including but not limited to the payment of any taxes such state may impose on wines shipped into such state. By placing an order, the buyer warrants that he or she is in compliance with the laws and regulations of the state to which the buyer elects to ship wines. Furthermore, by placing an order, the buyer authorizes Millesima USA LLC to engage and select a common carrier on the buyer’s behalf. In order to comply with state laws, Millesima does not ship wines to addresses in the following states: AK, AL, DE, FL, HI, IL, IN, KY, MA, MD, ME, MI, MS, MT, NH, NJ, NM, OK, PA, RI, TN, TX, VT, UT and WY. Please contact Millesima if you reside in one of these states to discuss possible alternative arrangements to purchase wines. You must be at least 21 years of age to order, purchase and receive wine by U.S. federal law. MILLESIMA USA LLC requires the signature of an adult (minimum 21 years of age) upon delivery of the order. Millesima does not ship to PO boxes, APO/FPO addresses, or third-party mailbox rental centers. In addition, Millesima does not ship to addresses in foreign countries, nor does it ship to freight forwarders or brokers who intend to ship the wines to destinations outside of the U.S.
Minimum purchase for delivery
Millesima asks for a minimum purchase of $25.00 before tax in order to arrange shipment of purchases utilizing the Website. This applies to all states where Millesima is currently able to ship.
Conditions Affecting Shipment
Our aim is to provide delivery service which is as fast and reliable as possible. Unless you request otherwise, your purchase will be shipped via standard ground shipping. To discuss the expedited delivery options which are available at an additional charge, please contact us toll free at 1-877-MILLUSA. Dates of shipping and delivery that Millesima USA LLC may provide its customers are approximations only, and actual shipping and delivery dates may vary. At Millesima USA LLC, all our wines are stored in a temperature-controlled warehouse and/or retail premise, and we wish to provide our customers every possible assurance that our fine wines are handled and stored in the best possible conditions while the products are under our control. During seasons or periods of extreme heat or cold, we reserve the right to delay your order and to release it for delivery only when conditions improve. In such circumstances, we will advise you at the time your order is processed that we do not recommend shipping your order. Millesima USA LLC does not accept responsibility for goods damaged during transit to the buyer. Please take note of the terms below concerning Refunds, Returns & Exchanges.
Shipping Fees
Fees vary by destination and are indicated at the time the customer finalizes the “Shopping Basket” on the Millesima Website, or the fees will be quoted by Millesima USA LLC at the time an order is placed on the telephone. For customers in New York State, shipping will be charged to the customer for a delivery of merchandise with an invoice value before tax of up to $249.99. Shipping is free for deliveries with an invoice value before tax of $250.00 or more for delivery addresses in: Manhattan, Bronx, Brooklyn, Queens, and Staten Island Shipping fees for “futures” merchandise are billed to the customer at the time the wines are ready for delivery.
Shipping of Original Wood Cases
All shipments utilizing a common carrier that you authorize Millesima USA LLC to select on your behalf by placing an order are packed in protective carton shippers approved by such common carriers. For an additional charge, you may request shipment of the original wood case packed in a separate carton shipper. To do so, please e-mail us at info@millesima.com or telephone us toll free at 1-877-MILLUSA.
Futures
An order for wines sold as "futures" for delivery at a future date must normally be paid at the time of order by a deposit equal to the full value of the merchandise. Customers are advised that some states may prohibit or restrict such "futures" sales, and it is their responsibility to be informed of and abide by such state laws. Following processing of a "futures" order and receipt of deposit, a pro forma invoice will be mailed to the customer's billing address. This invoice together with proof of payment will guarantee ownership of the wines. Once the invoice has been mailed and the deposit has been received, the order is final and cannot be cancelled or modified. Additional "futures" wines may be ordered, but they will be invoiced and must be paid separately. Projected arrival and delivery dates for "futures" are estimates only and may vary by several months, depending upon the timing of the release from the estate and other factors. When the wines are ready for delivery, the customer will be contacted by Millesima USA LLC to confirm delivery arrangements and to advise of the sales tax and shipping charges, if any, which apply at that time. The customer will have 30 days from date of notification to pay any and all remaining charges and either take delivery of the merchandise or pick up the wines at the Millesima USA LLC retail premise. No "futures" merchandise shall be delivered or may be picked up until and unless all outstanding charges are paid in full. Millesima USA LLC does not store wines for customers at its retail premise or elsewhere. If the customer fails to pay all remaining charges by 30 days from date of notification of availability, Millesima USA LLC reserves the right to cancel the order. Millesima USA LLC will, in the case of such cancelation, refund the full amount of the original deposit paid by the customer. In the event that any wines ordered as "futures" by a customer are unavailable at the time of delivery, Millesima USA LLC will refund the full value of any and all such "futures" wines as originally invoiced to the customer.
Pre-Arrivals
An order for wines sold as "Pre-Arrivals" for delivery at a future date must normally be paid at the time of order. Customers are advised that some states may prohibit or restrict such "Pre-Arrivals" sales, and it is their responsibility to be informed of and abide by such state laws. Following processing of a "Pre-Arrivals" order, an invoice will be mailed to the customer's billing address or by email. This invoice together with proof of payment will guarantee ownership of the wines. Once the invoice has been mailed and the payment has been received, the order is final and cannot be cancelled or modified. Projected arrival and delivery dates for "Pre-Arrivals" are estimates only and may vary by several months, depending upon our next shipment. When the wines are ready for delivery, the customer will be contacted by Millesima USA LLC to confirm delivery arrangements. In the event that any wines ordered as "Pre-Arrivals" by a customer are unavailable at the time of delivery, Millesima USA LLC will refund the full value of any and all such " Pre-Arrivals " wines as originally invoiced to the customer.
LIMITATION OF WARRANTIES AND DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF USE, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MILLESIMA USA LLC, ITS AFFILIATES, PARENTS AND SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT OR WEBSITE AVAILABILITY. WITHOUT LIMITING THE FOREGOING, MILLESIMA USA LLC MAKES NO WARRANTY THAT : (i) THE PRODUCTS AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR (ii) THE SERVICES OFFERED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES. WEBSITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, INCLUDING, BUT NOT LIMITED TO, ERRORS CONCERNING PRICING, AND MILLESIMA USA LLC SHALL NOT BE BOUND THEREBY. MILLESIMA USA LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. MILLESIMA USA LLC MAY CHANGE THE WEBSITE AT ANY TIME AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. MILLESIMA USA LLC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MILLESIMA USA LLC IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL MILLESIMA USA LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, ITS CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MILLESIMA USA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MILLESIMA USA LLC'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.00 OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.
Notices
Except as explicitly stated otherwise, any notices under these Terms and Conditions shall be given by e-mail to info@millesima.com (in the case of Millesima USA LLC) and to the e-mail address that you provide to Millesima USA LLC during any submission or registration process, or such other address as you shall specify from time to time (in your case). Notice shall be deemed given six (6) hours after an e-mail is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Millesima USA LLC during any submission or registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Governing Law
This Website (excluding any linked sites) is controlled by Millesima USA LLC from its offices within the State of New York, notwithstanding that it may be physically hosted elsewhere. The laws applicable to the interpretation of these Terms and Conditions of Sale shall be the laws of the State of New York and applicable federal law, without regard to any conflict of laws rules thereof. Millesima USA LLC makes no representation that the content, materials, services or information available on the Website are appropriate for access outside of the United States and accessing them from jurisdictions where they are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with local laws. You agree to submission of any dispute arising under or in connection with the use of this Website and/or its Contents exclusively to the state and federal courts sitting in the State of New York and the County of New York, New York, and hereby agree to submit to the exclusive jurisdiction thereof.
General
Except as expressly provided in a particular "Legal Notices" or text on a particular Web page of the Website, the Terms and Conditions of Use and these Terms and Conditions of Sale set forth the entire understanding and agreement between Millesima USA LLC and you with respect to the subject matter hereof. If any provision of the Terms and Conditions of Use and these Terms and Conditions of Sale is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Millisema USA LLC's failure to act with respect to a breach by you or others does not waive Millisema USA LLC's right to act with respect to subsequent or similar breaches. You acknowledge that by submitting communications to Millesima USA LLC, no confidential, fiduciary, contractually implied or other relationship is created between you and Millesima USA LLC other than pursuant to these Terms and Conditions of Use and Terms and Conditions of Sale.
Changes to Terms and Conditions of Sale
Millesima USA LLC reserves the right to change the Terms and Conditions of Sale from time to time in its sole discretion. Your use of the Website will be subject to the most current version of the Terms and Conditions of Sale posted on the Website at the time of such use. If Millesima USA LLC changes these Terms and Conditions of Sale, a notice will be posted on the home page of the Website and the date of the latest change will be noted. If you have not read the Terms and Conditions since the date of the last change, please read the revised Terms and Conditions, as they will govern your purchases using the Website. Your continued use of this site after we post such notice will constitute your acceptance of the new Terms and Conditions.
Complaints, Questions or Comments
If you have any complaints, questions or comments about these Terms and Conditions of Sale, the Website and/or the Content, please feel free to e-mail us at info@millesima.com.
© 2011 Millesima USA LLC
All Rights Reserved.