ACCEPTANCE OF TERMS OF SALE
Full Pour Wine CA (“Full Pour”, “FPW”, “Company,” “we” or “us”) is a licensed seller of wine on the [Artisan Wine Group ] (the “Website”). The following terms and conditions of sale (these “Terms of Sale”) govern your purchase of any product from FPW. Your purchase of any product from FPW constitutes acceptance of the following terms by you (“Customer”). Please read the Terms of Sale carefully before proceeding with your purchase. By completing your purchase from FPW, you accept and agree to be bound and abide by these Terms of Sale. If you do not want to agree to these Terms of Sale, you must not complete the purchase of any products from FPW.
LEGAL AGE REQUIREMENT
The sale of wine on this Website by FPW is offered and available to users who are 21 years of age or older. By purchasing wine from FPW, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not use the Website and/or purchase wine from FPW. Wines may be purchased and delivered only to a person in the United States who is at least 21 years old (“Legal Age”). In the event that wine is purchased from HRV for delivery in another country, it is the Customer’s responsibility to abide by that country’s legal drinking age laws. Customer represents that: (1) Customer is at least of Legal Age; and (2) the person to whom any wine will be delivered is also of Legal Age. At the time of delivery, any shipment in the United States arranged by HRV or its affiliates containing an alcoholic beverage product will require the signature of an adult possessing identification proving he or she is at least 21 years old. This means that an adult must be present at the time of delivery.
TITLE TO WINE
Title to and ownership of wine purchased on this Website from FPW passes from FPW to Customer in the State of California. The risk of loss for all purchased items also passes from FPW to Customer in the same manner and at the same time as title passes to Customer. For this reason, FPW assumes no liability for wine damaged or lost for whatever reason, including but not limited to weather conditions and during transport. Notwithstanding the forgoing, FPW may, in its sole discretion, determine certain of the products on this Website can be sold by a licensed third-party entity to Customer rather than by FPW.
All prices of FPW wine are subject to stock on hand unless otherwise stated. All orders are subject to FPW’s acceptance and FPW may refuse any order in its sole discretion.
SALES TAX POLICY
California sales tax, including local county taxes, will be applied to all wine purchased from FPW.
LIMITATION OF LIABILITY
Customer’s purchase and use of any product from FPW is at Customer’s risk. To the extent fully permitted by law, neither FPW nor any other party involved in creating, producing, or delivering products from or through FPW is liable for any direct, indirect, incidental, consequential or punitive damages arising out of Customer access to, or use of, FPW products or goods. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF ANY PRODUCTS FROM HRV, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SHIPPING AND DELIVERY
FPW makes no representation as to the rights of any person to transport alcoholic beverages across any state border. Customer takes all responsibility for the shipping of his or her wine to his or her home state or to the state of a third party. By placing an order with FPW, Customer requests and authorizes FPW to arrange through an independent third party for delivery of wine and other products purchased from FPW on this Website. In doing so, FPW is providing a service to and acting on behalf of Customer. Customer authorizes FPW to act according to Customer’s instructions to engage a third party, common carrier to ship Customer wine to destination zip codes where FPW is willing to make such arrangements. By utilizing this service, Customer represents that he or she is acting in a manner compliant with his or her state and local laws regarding the purchase, transport and delivery of wine (or the state and local laws of the recipient if Customer’s purchase is a gift). Customer represents that he or 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. FPW reserves the right to choose any and all procedures, packaging and transporter of sold merchandise. FPW assumes no liability for breach of any regulation by Customer. FPW assumes no liability for any misinterpretation of the above provisions.
Due to direct shipping laws and regulations, FPW may be unable to arrange the shipment of wine by Customer to certain states or to prohibited “dry” regions within certain states. The regulations and court decisions affecting the interstate shipment of wine are in constant flux and can change at any time. Therefore, FPW may change the states and regions to which it is able to arrange shipments at any time and without notice to Customer.
Customer is responsible for all carrier fees, duties, and customs charges incurred in shipping purchases to Customer’s desired shipping address(es). Shipments cannot be delivered to PO boxes or postal codes. Once a wine shipment leaves the third-party delivery service’s warehouse, the date and location of delivery cannot be changed. If the delivery service is unable to deliver your wine to the address you designate during checkout on this Website for whatever reason, you will be solely responsible for the additional cost to arrange for the redelivery of your wine to your designated address.
Customer will be permitted to return defective, physically-damaged or mistakenly-delivered products to FPW within three (3) months of receipt of such products in accordance with FPW’s corporate return policy. Customer will be required to return any defective products, such as “corked” wine, to FPW for FWP to address appropriately, in its sole discretion. Products damaged in transit to Customer, including due to weather conditions, shall be the sole responsibility of Customer. FPW reserves the right to refuse to sell products to any Customer FPW deems, in its sole discretion, to have abused FWP’s return policy with prior orders.
CHANGES TO THE TERMS OF SALE
We may revise and update these Terms of Sale from time to time in our sole discretion. All changes are effective immediately when we post them.
Your purchase of any products from FPW following the posting of revised Terms of Sale means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
The Company name, “The Full Pour,” the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
All communications relating to your purchase of products from FPW should be directed to: [firstname.lastname@example.org]