Conditions
of Use
Welcome to Wine-Club-Central.com
and NapaCabs.com. Wine-Club-Central.com and NapaCabs.com
and its affiliates provide their services to you subject
to the following conditions. If you visit or shop
at Wine-Club-Central.com and NapaCabs.com, you accept
these conditions. Please read them carefully.
In addition, when you use any current or future Wine-Club-Central.com
and NapaCabs.com service or visit or purchase from any
business affiliated with Wine-Club-Central.com and
NapaCabs.com, whether or not included in the Wine-Club-Central.com
and NapaCabs.com Web site, you also will be subject
to the guidelines and conditions applicable to such
service or business.
ELECTRONIC COMMUNICATIONS
When you visit Wine-Club-Central.com
and NapaCabs.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications
from us electronically. We will communicate with you
by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and
other communications that we provide to you electronically
satisfy any legal requirement that such communications
be in writing.
LICENSE AND SITE ACCESS
Wine-Club-Central.com
and NapaCabs.com grants you a limited license to access
and make personal use of this site and not to download
(other than page caching) or modify it, or any portion
of it, except with express written consent of Wine-Club-Central.com
and NapaCabs.com. This license does not include any
resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its
contents; any downloading or copying of account information
for the benefit of another merchant; or any use of
data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Wine-Club-Central.com
and NapaCabs.com. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page
layout, or form) of Wine-Club-Central.com and NapaCabs.com
and our affiliates without express written consent.
You may not use any meta tags or any other "hidden
text" utilizing Wine-Club-Central.com and NapaCabs.com's
name or trademarks without the express written consent
of Wine-Club-Central.com and NapaCabs.com. Any unauthorized
use terminates the permission or license granted by
Wine-Club-Central.com and NapaCabs.com. You are granted
a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of Wine-Club-Central.com
and NapaCabs.com so long as the link does not portray
Wine-Club-Central.com and NapaCabs.com, its affiliates,
or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may
not use any Wine-Club-Central.com and NapaCabs.com
logo or other proprietary graphic or trademark as
part of the link without express written permission.
YOUR ACCOUNT
If you use this site,
you are responsible for maintaining the confidentiality
of your account and password and for restricting access
to your computer, and you agree to accept responsibility
for all activities that occur under your account or
password. Wine-Club-Central.com and NapaCabs.com does
sell products for children, but it sells them to adults,
who can purchase with a credit card. If you are under
21, you may use Wine-Club-Central.com and NapaCabs.com
only with involvement of a parent or guardian to purchase
non-alcohol gifts and accessories. Wine-Club-Central.com
and NapaCabs.com and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS,
COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews,
comments, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content
is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property
rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the
origin of a card or other content. Wine-Club-Central.com
and NapaCabs.com reserves the right (but not the obligation)
to remove or edit such content, but does not regularly
review posted content.
If you do post content
or submit material, and unless we indicate otherwise,
you grant Wine-Club-Central.com and NapaCabs.com and
its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such
content throughout the world in any media. You grant
Wine-Club-Central.com and NapaCabs.com and its affiliates
and sub-licensees the right to use the name that you
submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise
control all of the rights to the content that you
post; that the content is accurate; that use of the
content you supply does not violate this policy and
will not cause injury to any person or entity; and
that you will indemnify Wine-Club-Central.com and
NapaCabs.com or its affiliates for all claims resulting
from content you supply. Wine-Club-Central.com and
NapaCabs.com has the right but not the obligation
to monitor and edit or remove any activity or content.
Wine-Club-Central.com and NapaCabs.com takes no responsibility
and assumes no liability for any content posted by
you or any third party.
RISK OF LOSS
All items purchased from
Wine-Club-Central.com and NapaCabs.com are made pursuant
to a shipment contract. This means that the risk of
loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
Wine-Club-Central.com
and NapaCabs.com and its affiliates attempt to be
as accurate as possible. However, Wine-Club-Central.com
and NapaCabs.com does not warrant that product descriptions
or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered
by Wine-Club-Central.com and NapaCabs.com itself is
not as described, your sole remedy is to return it
in unused condition.
Wine Storage
All of our wines are
properly stored in a temperature and humidity controlled
wine cellar warehouse in Chino California and shipped
in a insulating polystyrene insert and a rugged outer
carton.
Currently, residents
of non-reciprocal states are denied the ability to
purchase and receive wine directly from their favorite
wineries in California. Napacabs provides an opportunity
to purchase wines from exclusive wineries which do
not produce and ship large quantities. NapaCabs will
arrange for shipment on behalf of our customer, to
an address specified by our customer, provided that
NapaCabs in its sole judgement believes that such
shipment will not subject NapaCabs to the risk of
any sort of legal action or other harm. If a customer
lives in a state where the direct shipment of wine
by NapaCabs violates the law, we suggest that
the customer provide an alternative address in another
state or have their wine shipped to a third-party
storage facility in a direct shipping-friendly state.
As a service to our customers, you may temporarily
store wines at our temperature and humidity controlled
warehouse or we can also
ship to the following facilities, which are not affiliated
with NapaCabs. We do not provide an endorsement of
any facility and we recommend that you contact the
facility directly to determine if their costs and
services meet your needs.
Third party storage facilities:
Fifty-Five Degrees (St Helena, California -- 707-963-5513)
OTHER BUSINESSES
Parties other than Wine-Club-Central.com
and NapaCabs.com and its subsidiaries operate stores,
provide services, or sell product lines on this site.
For example, La Cache Wine Cellars is our Wine Storage
merchant, and other businesses and individuals offer
products at our Auctions. In addition, we provide
links to the sites of affiliated companies and certain
other businesses. We are not responsible for examining
or evaluating, and we do not warrant the offerings
of, any of these businesses or individuals or the
content of their Web sites. Wine-Club-Central.com
and NapaCabs.com does not assume any responsibility
or liability for the actions, product, and content
of all these and any other third parties. You should
carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED
BY WINE-CLUB-CENTRAL.COM AND NAPACABS.COM ON AN "AS
IS" AND "AS AVAILABLE" BASIS. WINE-CLUB-CENTRAL.COM
AND NAPACABS.COM MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, WINE-CLUB-CENTRAL.COM AND NAPACABS.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WINE-CLUB-CENTRAL.COM
AND NAPACABS.COM DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM WINE-CLUB-CENTRAL.COM
AND NAPACABS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WINE-CLUB-CENTRAL.COM AND NAPACABS.COM
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Wine-Club-Central.com
and NapaCabs.com, you agree that the laws of the state
of California, without regard to principles of conflict
of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and
Wine-Club-Central.com and NapaCabs.com or its affiliates.
DISPUTES
Any dispute relating
in any way to your visit to Wine-Club-Central.com
and NapaCabs.com or to products you purchase through
Wine-Club-Central.com and NapaCabs.com shall be submitted
to confidential arbitration in Chino, California,
except that, to the extent you have in any manner
violated or threatened to violate Wine-Club-Central.com
and NapaCabs.com's intellectual property rights, Wine-Club-Central.com
and NapaCabs.com may seek injunctive or other appropriate
relief in any state or federal court in the state
of California, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION,
AND SEVERABILITY
These policies also govern
your visit to Wine-Club-Central.com and NapaCabs.com.
We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
Pricing Policy
We offer you consistently
low prices on every item in our store. All prices
are listed in U.S. dollars. We do not have a currency
converter in our store, however there are several
Web sites that provide this service.
We do not have a price-matching
policy at this time, nor do we offer additional discounts
on large orders of a single title or on large orders
of many individual titles.
Oversized and extremely
heavy items are marked on their product information
pages as requiring a special surcharge. The surcharge
varies depending on the size and weight of the item.
Special order items may incur an additional charge
per item due to the additional labor required in ordering
these titles directly from the winery, distributor,
or manufacturer. Both of these charges will be included
in the Shipping & Handling subtotal of your order.
We cannot confirm the
price of an item until you order, but please note
that we do NOT charge your credit card until your
order enters the shipping process. Despite our best
efforts, a small number of the items in our catalog
are missed priced. Rest assured, however, that we
verify prices as part of our shipping procedures.
- If
an item's correct price is lower than our stated
price, we charge the lower amount and ship you the
item.
- If
an item's correct price is higher than our stated
price, we will, at our discretion, either contact
you for instructions before shipping or cancel your
order and notify you of such cancellation.
Guarantee
If
you are not satisfied with our fine wines, or
our service, email us immediately about any problems
you may experience. Should any product be damaged
during shipping except for leakage due to the selection
of ground shipping*, please email support@wine-club-central.com so
we can pursue a claim with the shipping company. If
you receive a wine that is off-condition, please
contact
our Customer Service department by email at support@wine-club-central.com.
We regret that shipping charges are not refundable. All
bottles ten years or older are purchased at the
buyer's risk.
*We
do not recommend ground delivery
for wines, because of the potential heat
exposure, during warm weather conditions.
We cannot be responsible for damaged wines due to
the selection of ground delivery. We strongly urge
you to consider the effect of weather conditions
when selecting a shipping method. We will hold purchased
wines at no additional cost until temperature condition
are more suitable for shipping.
Returns
Cancelled
and/or returned orders are subject to a 25% restocking
fee.
Availability
Although
we are usually able to ship your order on the
same
day, occasionally, demand for limited supplies will
deplete our stock of a particular wine. Thus,
the item will be placed on backorder and we
will ship and bill only the partial order. When
the backordered item becomes available, we will
contact you via e-mail for your approval to
ship and bill.
Shipping
Service Limited To Certain States:
Shipments
of Wine: The purchaser of all alcoholic
beverages is representing that he/she is acting in compliance
with his/her local and state laws regarding the purchase,
transportation and delivery of wine. The purchaser represents
that he/she has obtained any required permission, paid
any required fees, is working through properly licensed
intermediaries
where required, is legally entitled to take possession
of wine and is legally entitled to take quantities ordered.
All
wines are sold in CA, and title passes to the buyer in CA. We make
no representation
to the legal rights of anyone to ship or import wines into any state
outside of CA. The buyer is solely responsible for the shipment of
wines. By placing an order, you authorize us to act on your behalf
to engage a common carrier to deliver your order to you.
The shipping price is
calculated when you check out.
- Most
wine orders are shipped within 1-3 business days,
not including holidays or weekends. Because of the
potential heat exposure, during warm weather conditions,
we will hold purchased wines at no additional cost
until temperature condition are more suitable for
shipping. Therefore, selecting a shipping option
of Next day, 2nd Day or 3-Day Select only represents
the minumum business days that the package will
be in transit. During warm weather, we will hold
orders until conditions improve.
- Riedel
stemware are shipped separately from wine, within
5-7 days.
- La
Cache Cellars are made upon order and require 4-6
weeks and are shipped Freight Collect from Chino
California.
- Unfortunately,
we cannot ship alcohol to PO Boxes or APO/FPO addresses.
- Primary
shipping will be by UPS
- We
will ship to you at work
- Recipient
MUST by law sign for delivery. A valid picture
ID must be provided. When your wine or cigars are
delivered to you, you will be required to show identification
proving that you are at least 21 years old. All
orders legally require: Drivers License, Military,
Passport, or State ID.
- If
recipient is found to be under the age of 21, all
packages will be returned to us. No
refund will be allowed.
- If
UPS can not make a delivery because no one is home,
your package will be held up to 3 days at the UPS
warehouse. You can pick it up there under the same
conditions listed above.
California Sales Tax
All alcoholic beverages
shipped to any California and California, San Bernardino
County addresses are subject to California sales
tax of 7.25% and 7.75%, respectively.
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