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THE PROPERTY DESCRIBED ON CULTWINE.COM WEB SITE WILL BE OFFERED BY CULTWINE.COM UNDER THE FOLLOWING TERMS AND CONDITIONS. PRIVATE CLIENTS WHOM VISIT OR PURCHASE WINES AT CULTWINE.COM AGREE AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS:
1. Wines may be sold and delivered only to persons who are at least 21 years old. Private Clients acknowledge that they are at least 21 years old, and that the person to whom Private Client's wine will be delivered is also at least 21 years old. By placing an order on our site, you submit that you are 21 years of age or older and you agree to all Alcohol Beverage Control laws within your state. Also, the person receiving delivery may be required to show identification proving that he or she is at least 21 years old.
2. All wine sold by Cultwine.com is sold in California and title passes to you, the Private Client, in California upon completion of your payment. All sales are final once payment has been received. All orders being delivered or picked up in the State of California will be subject to a 8.00% sales tax (or the appropriate CA state slaes tax) at the time of order. Title to the property will not pass from Cultwine.com to Private Client until full payment is received by Cultwine. No property will be released to the Private Client until Cultwine receives any applicable state and local taxes. All Cultwine sales will be final, confirmed by email and are conducted in US Dollars only.
3. Private Clients Outside of the U.S., please remember Cultwine reserves the right to require payment by wire transfer for the full price of purchased wine, insurance, applicable taxes and duties and shipping charges prior to shipping of any property. The actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company on the date which you are actually charged.
4. Every attempt has been made to describe all property as accurately as possible. However, Cultwine does not warrant nor represent, and denies any and all responsibility for inventory not available, computer errors, the accuracy of the deigns, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statement of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of Cultwine.
5. Shipping: All items will be shipped to the Private Client upon payment of the purchase price and pre-paid shipping charges. All wines are delivered by Private Client’s preferred method of shipping or by Cultwine's choice if no Private Client preference is indicated. Private Client shall assume full responsibility for shipping expenses. This includes shipping costs, insurance, packing and handling. All sales are final and no returns will be permitted without approval of Cultwine.com. Any attempt to cancel an order after confirmation by email, Private Client is subject to a 50% re-stocking fee on the purchase price of the wines.
6. BY PURCHASING WINE AND AGREEING TO ALL TERMS AND CONDITIONS, CLIENTS AGREE TO AUTHORIZE CULTWINE.COM TO CHARGE THEIR CARD TODAY TO PAY FOR ALL THE WINES ORDERED BY THE CARDHOLDER. THE CHARGES WILL APPEAR UNDER THE NAME OF “CULTWINE” ON YOUR CREDIT CARD STATEMENT. THE WINES ARE IN STOCK AND READY TO SHIP BUT WILL BE SHIPPED AT THE CARDHOLDERS REQUESTED DATE WHICH CAN BE DELAYED DUE TO WEATHER CONDITIONS AT THE REQUEST OF THE CARDHOLDER. BY PURCHASING WINES ON OUR SITE, THE CARDHOLDER AUTHORIZES CULTWINE TO SHIP TO AN ALTERNATE ADDRESS OTHER THAN THE BILLING ADDRESS ONLY IF THE CARDHOLDER MAKES SUCH A REQUEST. THE CARDHOLDER AGREES TO THESE TERMS & CONDITIONS FOR ALL FUTURE PURCHASES FROM CULTWINE.COM. THE CARDHOLDER AGREES TO PAY IN FULL ANY AND ALL EXPENSES RELATED TO THIS INVOICE INCLUDING THE COLLECTION OF THESE FEES AS WELL AS ANY AND ALL ATTORNEY FEES IN THE EVENT ANY AMOUNT OF THE PAID AMOUNT FOR THE INVOICE IS DISPUTED. IF THE CHARGES HAVE TO BE REBILLED TO THE CREDIT CARD, THE CARDHOLDER AGREES TO PAY ANY AND ALL ADDITIONAL FEES WHICH THE CREDIT CARD COMPANY CHARGES CULTWINE INCLUDING BUT NOT LIMITED TO THE 4% CREDIT CARD FEE FOR EACH TRANSACTION.
The Private Client is responsible for all duties and customs charges incurred in shipping purchases from the US to the Private Client's desired shipping address. To the extent that Cultwine provides estimates of shipping, customs and duty charges, these should be treated as ESTIMATES ONLY. The Private Client is responsible for the actual charges incurred.
Since the sale of the wine between Cultwine.com and Private Client takes place at Cultwine's facility the Private Client becomes the owner of the wine when payment is received by CultWine. If Cultwine has arranged the shipment on behalf of Private Client using Cultwine’s regular shipping accounts, Cultwine shall reimburse Private Client for any wine that is lost or broken during that shipment. However, Cultwine will not reimburse Private Clients for lost or damaged shipments if Private Clients arrange shipping using their own accounts. Cultwine will take all necessary precautions to package the wine according to industry standards to minimize the possibility of damage. Cultwine will use only reputable carriers who will safeguard the shipment as much as possible given the nature of the commodity. Note: Insurance does not cover any loss or damage due to exposure to temperature variations, shipping delays, or defect in or failure of any cork or other bottle closure.
Cultwine reserves the right to cancel any order of wine at it's sole discretion by refunding the full purchase price or deposit on wines which may not be available for any reason.
The Private Client is solely responsible for shipment of wines. By purchasing our wines, Private Clients authorizes Cultwine to act on their behalf to engage a common carrier to arrange shipping of the wine to the location the Private Client specifies. The primary means of distribution will be a common carrier such as UPS, Fed Ex, Cal-Overnight or others. Private refrigerated shipping is available upon request as well. Cultwine makes no representation as to the rights of anyone to import wine into any state outside of California. All sales are final and Private clients will be charged when their orders are confirmed and approved by the Private Client. After 90 days storage charges shall accrue at a rate of $10 per case or partial case per month, and must be paid prior to release of the wine. Wines left over 120 days in our warehouse will be deemed as abandoned property. Client agrees to forfeit their rights after 120 days of their purchase without providing any shipping instructions or contact with CultWine.
If your shipment is delayed or arrives broken, please contact a Cultwine Account Executive immediately. Cultwine insures all wine shipments, less our deductible, to our Private Clients. In the event of loss or breakage Cultwine will handle all claims. Please do not contact the carrier directly.
Special Note: Although we constantly double check provenance please remember that some of these corks more than 20 years old begin to lose their elasticity and levels can change in shipping conditions. Old corks occasionally fail during or after shipment. Private Clients must understand that there is always a risk of cork failure with old wines and therefore we must be extremely cautious when to ship these wines. Under only very rare circumstances can an adjustment of price or credit be made after delivery.
