Terms of Service
DELIVERY AND SHIPMENT
a. You may choose to pick up your order at WineLarder’ relevant location (i.e., the location where your order is located at the time of sale), or to make independent delivery arrangements. If you request the shipment of any order placed with WineLarder, you authorize WineLarder to engage a common carrier to deliver your order on your behalf. By arranging for transportation via common carrier, WineLarder is providing a service to, and acting on behalf of, you. This service is provided free of charge, but YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE MANNER IN WHICH ALCOHOLIC BEVERAGES MAY LAWFULLY BE BROUGHT INTO YOUR STATE. By utilizing this service, you represent that you are acting in a fashion compliant with your local and state laws regarding the purchase, transportation and delivery of alcohol. You represent that you are 21 years of age or older and that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of wine and are legally entitled to take quantities ordered. You are solely responsible for all applicable excise, use and sales taxes due to your state related to the purchase of any taxable goods.
WineLarder MAKES NO REPRESENTATION REGARDING THE LEGAL RIGHT OF ANYONE TO SHIP OR IMPORT ALCOHOLIC BEVERAGES INTO ANY JURISDICTION.
b. When acting on your behalf to arrange transportation via common carrier, wherever possible, WineLarder will endeavor to ensure shipments do not spend the weekend with a common carrier. You acknowledge that: (i) shipment of your order may be delayed in order to accomplish this, and (ii) WineLarder does not, and cannot, guarantee that your order will not spend the weekend with a common carrier. In all instances, WineLarder reserves the right to delay shipment due to extreme weather conditions. If you require expedited service, please contact us.
HOLDING ORDERS. At your request, WineLarder will hold your order for up to thirty (30) days after all items on your order are ready for shipment (the “Ready Date”) or until the next seasonally moderate shipping window. This service is provided to you at no charge as a courtesy. Orders so held remain your property, and are not the property of WineLarder. If you do not choose to ship your order within 30 days of the Ready Date, or during the next seasonally moderate shipping window, you may be charged $10 per case, per month, for storage until shipment (or pick up) of your order. WineLarder reserves the right to charge additional fees for the storage of especially large orders over long periods of time.
AVAILABILITY. Prices and availability of all products and services are subject to change without notice. WineLarder reserves the right to limit quantities while supplies last. Due to variations in condition and sourcing, the same product may occasionally be listed with different prices.
SALES TAX. Sales tax is charged on all orders shipped to addresses (including storage facilities) in the State of New York, or picked up from said location.
10. COPYRIGHT. The Site and its contents are intended solely for your personal, non-commercial use and may only be used in accordance with these Terms and Conditions. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WineLarder or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of WineLarder and protected by United States and international copyright laws. All software used on this site is the property of WineLarder or its software suppliers and is protected by United States and international copyright laws.
11. INTELLECTUAL PROPERTY. You acknowledge and agree that all information (the “Information”) that you have access to on the Site may be protected by the intellectual property rights of WineLarder or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
12. WARRANTY DISCLAIMER.
a. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON THE SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WineLarder DOES NOT WARRANT THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WineLarder MAKES NO WARRANTY THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON THE SITE, WILL MEET USERS’ REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WineLarder OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
b. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS.
13. LIMITATION OF LIABILITY. IN NO EVENT SHALL WineLarder OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE AND/OR ITEMS RELATED THERETO OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF WineLarder OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users.
14. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless WineLarder, its owners, employees, agents and affiliates from and against all losses, expenses, damages, and costs (including reasonable attorneys’ fees and costs), resulting from any violation of these Terms and Conditions 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.