The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.sommpicks.com, which shall include, without limitation, the home page and all other pages under the same domain name, and all content thereon (the “Site”) as provided by SommPicks LLC (“SommPicks,” “we,” “us,” or “our”). We may change these Terms and Conditions from time to time and shall provide notice to you by posting such changes on the Site. BY VISITING THE SITE OR USING OUR SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THESE TERMS AND CONDITIONS TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THESE TERMS AND CONDITIONS, YOU HAVE NO RIGHT TO USE OR ACCESS THE SITE.
1. ACCESS TO THE SITE.
a. All users assert and affirm that they are at least 21 years old. Persons under 21 years of age are prohibited from using the Site in any way whatsoever. SommPicks retains the right to use reasonable means to verify your age.
b. As a condition to accessing the Site, you may be required to register with SommPicks. You shall provide SommPicks with accurate, complete, and updated information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. SommPicks reserves the right to refuse registration or cancel your account for any reason or no reason at all.
c. If you wish to purchase any product or service listed on the Site, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction on the Site.
2. SALES. Each product and/or service listed on the Site is sold by SommPicks, a licensed alcoholic beverage retailer. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by applicable law. All sales of alcoholic beverages are made in the State of California or in the District of Columbia. Title to, and ownership of, all products pass from SommPicks to you in the State of California or in the District of Columbia (as applicable, based on the physical location of the relevant item at the time of sale).
3. DELIVERY AND SHIPMENT.
a. If you request the shipment of any order placed with SommPicks, you authorize SommPicks to engage a common carrier to deliver your order on your behalf. By arranging for transportation via common carrier, SommPicks 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 JURISDICTION. 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 jurisdiction related to the purchase of any taxable goods. SOMMPICKS 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, SommPicks will endeavor to ensure shipments do not spend the weekend with a non-temperature controlled common carrier. You acknowledge that: (i) shipment of your order may be delayed in order to accomplish this, and (ii) SommPicks does not, and cannot, guarantee that your order will not spend the weekend with a common carrier. In all instances, SommPicks reserves the right to delay release of your order due to extreme weather conditions. If you require expedited service, please contact us.
c. When acting on your behalf to arrange transportation via common carrier to a hotel or other third party destination, SommPicks (i) will not be responsible for any loss or damage to any package or its contents once signed for, either directly or indirectly, at the hotel or other third party destination; (ii) will not accept returns on orders sent to hotels or third party destinations; and (iii) will not bear any responsibility for communicating with your hotel or third party destination regarding receipt and proper storage conditions upon arrival.
d. SommPicks may from time to time and at its sole discretion, offer reduced shipping rates within the State of California and/or District of Columbia via common carrier on certain qualifying orders as permitted by law. Any such offer may change at any time, with or without notice. By arranging for transportation via common carrier, SommPicks is providing a service to, and acting on behalf of, you, as further described in Section 3(a) above. Any offer for an order featuring a reduced shipping rate is an an offer for the order including the cost of shipping in the price of the relevant items.
4. HOLDING ORDERS. At your request, SommPicks 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 SommPicks. 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 will be charged $10 per case, per month, for storage until shipment of your order. SommPicks reserves the right to charge additional fees for the storage of especially large orders over long periods of time.
5. AVAILABILITY. Prices and availability of all products and services are subject to change without notice. SommPicks 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.
6. ORDER ERRORS, CANCELLATIONS AND RETURNS.
a. Order Errors. If you make an error in ordering, please contact us immediately.
b. Cancellations. In Transit and Pre Arrival orders are final sale and therefore not cancellable. In Stock orders are subject to a 15% cancellation fee. Orders that have already shipped and special order wines cannot be cancelled.
c. Returns. If you are not satisfied with your order, or if you believe there is an error with your order, please contact us immediately (but in no event later than sixty (60) days from the date of delivery to you). All requests will be reviewed on an individual basis, but SommPicks will in no event issue cash refunds or accept returns of gifts, wine over ten (10) years old or special order items.
d. You are solely responsible for tracking and monitoring your shipment. Any packages that are refused or unable to be delivered to you will be returned to SommPicks at your expense. You will be credited for the cost of your order less shipping costs and subject to the 15% cancellation fee.
e. Any order that is unable to ship, or is seized or destroyed due to violation or potential violation of shipping laws or common carrier policy is not refundable. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE MANNER IN WHICH ALCOHOLIC BEVERAGES MAY LAWFULLY BE BROUGHT INTO YOUR JURISDICTION.
7. “PRE ARRIVAL” AND “IN TRANSIT” ITEMS. “Pre Arrival” and “In Transit” items are items that, at the time an order is placed, have not yet arrived in our warehouse. PROJECTED AVAILABILITY DATES FOR PRE ARRIVAL AND IN TRANSIT ITEMS ARE ESTIMATES ONLY. Due to circumstances beyond SommPicks’ control, some items may be delayed beyond the expected arrival date. SommPicks reserves the right to cancel or postpone Pre Arrival and In Transit wines due to circumstances outside its control. SOMMPICKS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A PRE ARRIVAL OR IN TRANSIT ITEM NOT MEETING ITS ESTIMATED AVAILABILITY DATE.
8. SALES TAX. Appropriate sales tax will be collected on all orders.
9. GIFT CERTIFICATES AND PROMOTIONS.
a. Gift Certificates. SommPicks may, from time to time, issue or offer gift certificates. Gift certificates carry no cash value and will expire on the date specified unless prohibited by applicable law. Gift certificates are non-transferrable and may only be used to purchase products and services available on the Site. Where applicable, expired gift certificates may not be re-activated. SommPicks is not responsible for any lost or stolen gift certificates or use without permission. Any gift certificate granted in violation of these Terms and Conditions is null and void and subject to immediate cancellation or termination.
b. Promotions. SommPicks may, from time to time, offer certain credits or promotional codes (together, “Promotions”) for use on the Site. Promotions carry no cash value and may only be used for purchases on the Site. Promotions expire on the date specified and are non-transferrable.
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 SommPicks 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 SommPicks and protected by United States and international copyright laws. All software used on this site is the property of SommPicks 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 SommPicks 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. SOMMPICKS 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. SOMMPICKS 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 SOMMPICKS 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 SOMMPICKS 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 SOMMPICKS 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 SommPicks, 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.
a. These Terms and Conditions constitute the whole legal agreement between you and SommPicks and govern your use of the Site and completely replace all prior agreements between you and SommPicks in connection with the Site. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and you further acknowledge and agree to accept the new terms so long as they are updated here. Your continued use of the Site indicates your acknowledgement and acceptance of these Terms and Conditions.
b. SommPicks has or may in the future have affiliated legal entities (“Affiliates”) that may provide certain services to you on behalf of SommPicks. You acknowledge and agree that such Affiliates are entitled to provide such services to you and that each such Affiliate shall be a third party beneficiary to these Terms and Conditions and that such Affiliates shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. Except as expressly provided in this Item 16(b), no other party shall be a third party beneficiary of these Terms and Conditions.
c. Certain common carriers or third-party providers may provide tracking updates via text message. Your consent to receive tracking updates from common carriers or third-party providers via text message is not a condition of purchase or use of the Site. Message and data rates may apply. You can opt out of receiving text messages by following the instructions provided in those messages.
d. These Terms and Conditions and the relationship between you and SommPicks shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. You and SommPicks agree that any cause of action, dispute or claim that may arise between you and SommPicks shall be commenced and be heard in binding arbitration only. This includes, but is not limited to: (i) claims arising out of or related to any aspect of the relationship between you and SommPicks, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before this or any prior agreement; and (iii) claims that may arise after the termination of these Terms and Conditions. YOU AGREE THAT YOU AND SOMMPICKS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You and SommPicks agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you and Sommpicks agree that an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
e. The failure of SommPicks to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is ultimately found to be invalid, the parties nevertheless agree to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
f. SommPicks does not represent that the products and services listed on the Site are appropriate or available for purchase in all locations. Persons who choose to access this Site from do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
g. The Site may contain links or references to other websites or resources. You agree that SommPicks is not responsible or liable for (i) the availability or accuracy of any such websites or resources; or (ii) the content, advertising, or products on or available from any such websites or resources. SommPicks neither endorses nor is responsible for the accuracy or reliability of any such websites or references, nor any related opinions, statements, reviews or other information or content expressed or made available on the Site.
h. You acknowledge and agree that SommPicks may terminate providing any services or the legal agreement between you and SommPicks for any reason at any time. If at any time, the relationship between SommPicks and you ends, the provisions in these Terms and Conditions set forth in this Item 16, “Miscellaneous” shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.
i. By using the Site, you agree to comply with these Terms of Conditions and all applicable law or regulation of the jurisdiction(s) in which you reside and/or may be subject. You represent that you are qualified and authorized to use the Site under the account registered. You agree that you are solely responsible for any breach of your obligations under these Terms and Conditions and for the consequences of such breach, including any loss or damage SommPicks may suffer. You also agree that SommPicks has no responsibility to you or to any third party for your breach of these Terms and Conditions or for the consequences of such breach.
17. CONTACT. If you have any questions, complaints, or claims, please contact us at firstname.lastname@example.org or call us at (415) 264-0922.