Terms of Services
Terms and Conditions
By using the Website https://shop.myfrenchcellar.com, you agree to be bound by these terms of service,and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site and all of these, as they may be amended from time to time, we may refer to collectively as your “Agreement” with us. By using the Website and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service.
If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of the Website. We reserve the right to modify our Agreement with you, including, without
limitation, these Terms of Service at any time. Your continued use of any portion of the Website following the effective date contained in the notification or the posting of such changes on the Website if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement.
Purchasing
By using the Website you represent to us that you are over the legal age required to buy alcoholic beverages and products and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we and they suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using the Website you are acknowledging that the person receiving a shipment of alcoholic beverages from the licensed retailer is over the age of 21. You also agree that any alcohol purchased from the Website is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use the Website. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and assist in having you prosecuted to the fullest extent allowable by law.
Legal Disclaimer
Seller uses its direct to consumer shipping permits for sales to the following states: Louisiana, Nebraska, Nevada, New Hampshire, North Dakota, Oregon, Virginia, West Virginia, and Wyoming.
For all other states, title to, and ownership of, all wine passes from seller to buyer in the State of California, and buyer takes all responsibility for shipping the wine from California to his or her home state. By placing an order, buyer authorizes seller to act on buyer's behalf in arranging for transportation of the wine at buyer's direction. Alternatively, buyer may choose to pick up the wine at seller's location, or make independent shipping arrangements. For all wine sales, sales tax will be applied based on the selling retailer's location.
Seller makes no representation as to the legal rights of anyone to ship or import any wines, alcoholic beverages or other goods into any state. Buyer is solely responsible for the shipment of wine and other goods purchased and for determining the legality and the tax/duty consequences of having the wine and other goods shipped to the applicable destination.
Shipping
Prices of our wines do not include shipping/handling charges, the cost of which varies depending on destination, number of bottles ordered and choice of delivery options.
If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. We make no representations about the legality of shipping alcoholic beverages. You are responsible for compliance with all laws regarding such shipments. You may also make your own shipping arrangements. By arranging for transportation of the alcoholic beverages, the Company is providing a service to, and acting on behalf of you. By utilizing this service from the Company, you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. You further represent 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 the alcoholic beverages, are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age.
Validating Your Order After you place an order using our shopping cart, we reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Limitation of Liability
Neither the Company nor any third party involved in creating or delivering the Website will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the Website, even if the Company has been advised of the possibility of such damages.
The Company may change information contained on the Website at any time. All users of the material agree that access to and use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable laws. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THIS WEB SITE. If you are dissatisfied with the Web Site or any content on the site, your remedy is to discontinue using this site.
Indemnity
BY ORDERING YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SELLER
FOR ANY RESULTING CONSEQUENCE OF A FRAUDULENT ORDER OR ANY
MISREPRESENTATION AS TO THE AGE OR LEGAL ABILITY OF ANY INTENDED
RECIPIENT TO RECEIVE SHIPMENT OF ALCOHOLIC BEVERAGES.
If you change your order after it is prepared for shipping, we reserve the right to charge for
additional handling and packaging materials.
Returns
All returns must be made in accordance with California law and returns across state lines are normally not permitted. All requests for returns or cancellations must be made within 7 days of the invoice date, no exceptions. Please contact customer service to make a claim.
Copyrights, Trademarks and other Proprietary Rights.
The contents of the Website, such as trademarks, designs, text, logos, and icons, or other
intellectual property are proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without the Company's written permission. You are authorized to use this material only for personal, non-commercial purposes. You may print or download information on our site for your own personal, non-commercial use.
Links
As a convenience to you, the Website may display links to other sites which are not maintained by the Company. The Company is not responsible or liable for the content or operation of third-party sites, and the presence of such links does not imply that the Company is affiliated with such sites or third parties.
By email
Please ask any question by email on delphine@myfrenchcellar.com
By phone
You can also contact us by Phone from Monday to Friday
9.00am – 5.00 pm (PST)
(408) 314-3410
Last Updated: October 23, 2017
