TERMS & CONDITIONS
By purchasing wine from The Wine Vault, you agree that you are bound by the following Terms and Conditions Agreement:
1. Wines can be sold only to persons 21 years of age or older. By placing an order, you are warranting to The Wine Vault that you are 21 years of age or older.
2. All orders are subject to our confirmation and terms and conditions. The Wine Vault reserves the right to delay shipment for other reasons, including but not limited to confirmation of funds availability. All prices are net and subject to availability. We make every effort to maintain the correct stocking information on The Wine Vault web site, but there is no guarantee that an item listed is available.
3. All prices are subject to change without notice. The Wine Vault is not responsible for typographical errors and reserves the right to change pricing that is incorrect. If you have a question about pricing, please contact us via phone, fax or email.
4. Prices for The Wine Vault goods do not include shipping or taxes. The Wine Vault will add all applicable state and local taxes which The Wine Vault may be required by law to collect.
5. All wines are sold in California and title and risk of loss pass to the buyer in California. We make no representation as to the legal right of anyone to ship or import wines into any state or country outside of California. By placing an order with us, you authorize The Wine Vault to act on your behalf to engage a common carrier to deliver your order to you. If you wish to ship to another state, you assume all responsibility for determining whether you may lawfully import alcoholic beverages into that state. As interstate shipping laws are constantly changing, you may want to check with the appropriate agency in your state or county. Our acknowledgement of an order is not a guarantee that we will ultimately be able to ship wine to you. If we are unable to ship wine to the state you request, we will notify you before processing your order to determine whether you wish to proceed.
6. Applicable California sales tax for San Mateo County (currently 9.875%) is added to all orders shipped or delivered within the state of California. All orders shipped to states outside California are not subject to California state sales tax. Note that any new governmental taxes incurred subsequent to order will also be charged at date of shipment.
7. LIMITED WARRANTY: ALL ORDERED GOODS WILL BE DELIVERED TO THE CARRIER IN UNDAMAGED CONDITION, OTHERWISE, THE GOODS ARE SOLD ON AN "AS IS" AS AVAILABLE BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, THE WINE VAULT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND THE WINE VAULT HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY: IN NO EVENT WILL THE WINE VAULT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING FROM THE SALE, PURCHASE AND USE OF THE WINE VAULT'S GOODS. EVEN IF THE WINE VAULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL THE WINE VAULT'S MAXIMUM LIABILITY TO YOU EXCEED THE SUM TOTAL AMOUNT RECEIVED BY THE WINE VAULT FROM YOU FOR ALL GOODS PURCHASED FOR THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE INJURY OR DAMAGE.
9. The Laws of the State of California without giving effect to its conflicts of law principles, govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates, including, without limitation, its interpretation, construction, performance and enforcement. Exclusive jurisdiction shall lie with the courts of California for all actions or proceedings arising out of or relating to this Agreement or the transactions it contemplates.
10. If any legal action or proceeding is brought with respect to any matter arising out of or relating to this Agreement or any of the transactions it contemplates, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in such action or proceeding and incurred in enforcing any judgment granted in such proceeding, in addition to any other relief to which the party may be entitled.
11. For our older wines we generally source straight from legitimate importers, distributors and brokers. However, be advised that for red wines that are eight years or older and whites four years or older, it is the industry standard and the policy of The Wine Vault that such wines are purchased at the buyer's risk. Caveat emptor.
Refunds are only accepted if incorrect product is shipped. Order cancellations will only be provided if your shipping needs cannot be met. For our older wines we generally source straight from legitimate importers, distributors and brokers. However, be advised that for red wines that are eight years or older and whites four years or older, it is the industry standard and the policy of The Wine Vault that such wines are purchased at the buyer's risk. Caveat emptor.