Terms & Conditions
Welcome to https://thebottlelist.com the website for The Bottle List. The terms “The Bottle List,” “https://thebottlelist.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
Welcome to www.thebottlelist.com, the website
for The Bottle List (the “Site”). The terms “The Bottle List”, “Bottle List”, “the
Site”, “thebottlelist.com,” “us” or “we”
refer to the owner of this Site. The terms “you”, “your” or “customer” refer to
the user or viewer of this Site.
General
Terms and Conditions
Your use of the site is expressly subject to
the following Terms of Service and Conditions of Sale (“Terms and Conditions”).
If you do not agree with any of these Terms and Conditions, do not access or
otherwise use this Site or any information or materials contained on this site.
Your use of the Site shall be deemed to be your agreement to abide by each of
the Terms and Conditions set forth herein. These Terms and Conditions may be
updated by The Bottle List at any time and from time to time with or without
notice to you. Your continued use of the Site following any such change shall
be deemed to indicate your acceptance of any modifications to these Terms and
Conditions.
By using this Site, you agree that you are
responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. The
Bottle List reserves the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in its sole discretion.
The content of the pages of this Site is for
your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the
accuracy, timeliness, performance, completeness or suitability of the
information and materials found or offered on this Site for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or
errors and we expressly exclude liability for any such inaccuracies or errors
to the fullest extent permitted by law. Your use of any information or
materials on this Site is entirely at your own risk, for which we shall not be
liable. It shall be your own responsibility to ensure that any products,
services or information available through this Site meet your specific
requirements. You agree that The Bottle List and its licensors may make
improvements and/or changes in the Site content and services or events
described in this Site, if any, at any time without notice and without
liability to you of any kind. You are responsible for compliance with
applicable local laws, keeping in mind that access to the The Bottle List Site
may not be legal by certain persons or in certain countries. If any provision
of these Terms and Conditions is held by a court of competent jurisdiction to
be contrary to law, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties, with all other provisions
remaining in full force and effect. The failure of The Bottle List to enforce
any right or provision in these Terms and Conditions shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by The
Bottle List in writing. The Terms and Conditions, along with the The Bottle
List Privacy Policy, comprises the entire agreement between you and The Bottle
List and supersede all prior or contemporaneous negotiations, discussions or
agreements, if any, between the parties regarding the subject matter contained
herein. These Terms and Conditions are personal to you and you may not
transfer, assign, or delegate these Terms and Conditions to anyone without the
express written permission of The Bottle List. Any attempt by you to assign,
transfer, or delegate these Terms and Conditions without the express written
permission of The Bottle List shall be null and void. These Terms and
Conditions will inure to the benefit of The Bottle List, its successors,
assigns, and licensors. The paragraph headings in these Terms and Conditions,
shown in boldface type, are included to help make the agreement easier to read
and have no binding effect.
Your use of this Site and any dispute arising
out of such use of the Site is subject to the laws of the United States. California law and controlling United States federal laws, without
regard to the choice or conflicts of law provisions of any jurisdiction, will
govern any action related to these Terms and Conditions. You agree to submit to
the jurisdiction of the courts located in Napa
County, in the State of California, for the
resolution of all disputes arising from or related to these Terms and
Conditions and/or your use of the Site.
This Site contains material which is owned by
or licensed to us. This material includes, but is not limited to, the design,
layout, look, appearance and graphics. Reproduction is prohibited other than in
accordance with the copyright notice, which forms part of these terms and
conditions. The Bottle List’s trademarks, including without limitation,
graphics, logos, page headers, button icons, scripts, and service names, are
trademarks, or trade dress of The Bottle List in the U.S. and/or other
countries. The Bottle List‘s trademarks and trade dress may not be used in
connection with any product or service that is not The Bottle List’s, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits The Bottle List All other trademarks not owned by The Bottle
List that appear on this Site are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by The Bottle
List. All trademarks reproduced in this Site
which are not the property of, or licensed to, the operator are acknowledged on
the Site.
Unauthorized use of this Site may give rise to
a claim for damages and/or be a criminal offense. From time to time, this Site
may also include links to other websites. These links are provided for your
convenience to provide further information. They do not signify that we endorse
the website(s). We have no responsibility for the content of the linked
website(s).
The Sale of Alcoholic
Beverages
Legal
Requirements
The Bottle List does not sell alcohol to
persons under the age of 21 and makes every effort to ensure that alcoholic
beverages are not delivered to anyone who is under the age of 21. By using this
site, you affirm and acknowledge that you are over the age of 21, that the
person placing the order and receiving a shipment of alcoholic beverages from The
Bottle List is over the age of 21 and that receipt of shipments containing
alcoholic beverages requires the signature of a person 21 years of age or older
who is not intoxicated. As a consumer, you also agree that any alcohol
purchased from The Bottle List is intended for personal consumption and not for
resale. If you do not agree with these conditions of use, please do not use
this Site. If you intentionally or unintentionally misrepresent your age in
order to provide alcohol to a person under the age of 21, The Bottle List shall
have the right to take action against you or seek indemnification from you for
any suit to which The Bottle List may be subject to the full extent allowable
by law. As required by the Communications Decency Act of 1996, The Bottle List hereby
notifies you that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may assist you
in limiting access to content that may be harmful to minors.
Credit
Card Charges
Orders are by credit card only. We accept Visa,
MasterCard, and American Express. The billing address for any such credit card
needs to be provided at the time of your order and must be the address on your
credit card statement. The billing address will be the address where your order
will be shipped. If you wish to ship to an address different than your billing
address, please provide this information at the time of your order.
Errors
and Omissions
Occasionally, our listed prices, bottle sizes
or quantities may be incorrect. We make every effort to make sure that our
product database is accurate, however, in the event any such mistakes occur, The
Bottle List shall be held harmless for any such errors. In all cases, the
customer will be contacted before any charges are made to the credit card so
that the customer can make a decision to proceed or not proceed with the order
(if possible).
Sales and
Shipping
All orders are processed at, and shipped from, Napa,
California. We ship by ground and air using FedEx and GSO (where available) and
our shipping prices include packaging materials. Insurance may be available for
an additional charge. Unless you live on the West Coast, we strongly discourage
you from selecting “Ground Service” as your shipping method. During the winter
and summer months, weather conditions and longer delivery times can often
result in the spoilage of your order. Please note that when your wine order is
picked up by the common carrier for delivery, the wine becomes your
responsibility. The Bottle List is not responsible for, and will not replace
wine that is damaged by, extreme weather conditions during shipment.
All wines are sold in California
and title passes to the buyer in California.
The Bottle List makes no representations as to the legal rights of anyone to
ship or import wines into any state outside of California. The buyer is solely
responsible for shipment of wines. By placing an order, you are authorizing The
Bottle List to act on your behalf to engage a common carrier to deliver the
items in your order.
Please note that The Bottle List may not be
able to ship wine to certain states. Due to changing direct-shipping laws and
regulations, the list of states that we ship to may change at any time. The
Bottle List will arrange for shipment on behalf of the buyer, to an address
specified by the buyer, provided that The Bottle List in its sole discretion
believes that such shipment will not subject The Bottle List to the risk of any
sort of legal action or other harm. If a buyer lives in a state where the
direct shipment of wine by The Bottle List may violate the law, we will contact
the buyer to discuss shipping options, which options may include provision of
an alternative shipping address in a state where the direct shipment of wines
to consumers is permitted or storage of the wines at an acceptable third-party
storage facility.
The Bottle List will notify you by email when
your wines are ready to be shipped. Please
be aware that your order may be delayed until ideal weather and shipping
conditions arise to protect your wines. An adult signature will be required for
delivery of alcoholic beverages. To ensure prompt and successful deliveries of
your wines, please ensure that an adult (21 years of age or older) will be
present and available to sign for your shipment. The Bottle List will not be
held responsible for any shipment delays (or wine damaged as a result of such
delays) caused by erroneous information provided by the customer at the time of
ordering or caused by the failure of an adult to be present for signature at
the time the wines are delivered.
Please contact us at info@thebottlelist.com with
any questions or concerns you may have regarding our shipping policies.
Sales Tax
All wine is sold in the state of California and the title passes to the buyer in California. All
purchases shipped to California addresses will be subject to applicable state and local taxes of the shipping destination.
License
and Site Access
The Bottle List grants you a limited license to
access and make personal use of this Site and not to download (other than page
caching) or modify it, or any portion of it, except with express written
consent of The Bottle List. This license does not include any resale or
commercial use of this Site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this Site or
its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This Site or any portion of this Site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of The
Bottle List. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or
form) of The Bottle List without express written consent. You may not use any
meta tags or any other "hidden text" utilizing The Bottle List’s name
or trademarks without the express written consent of The Bottle List. Any
unauthorized use terminates the permission or license granted by The Bottle
List. You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of The Bottle List so long as the link does not
portray The Bottle List, or its products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any The Bottle List logo
or other proprietary graphic or trademark as
part of the link without express written permission.
Disclaimer
of Warranties
ALTHOUGH THE BOTTLE LIST ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND
RELIABLE INFORMATION ON THE BOTTLE LIST SITE, IT DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF
INFORMATION ON THE BOTTLE LIST SITE. THE BOTTLE LIST DOES NOT WARRANT THAT YOUR
USE OF THE BOTTLE LIST SITE, OR THE OPERATION OR FUNCTION OF THE BOTTLE LIST SITE,
ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN
CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS
THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES
OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE BOTTLE LIST SITE IS AT YOUR OWN RISK
AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE
WEBSITE. THE BOTTLE LIST AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE.
THE Bottle List SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY
EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR
ANY PARTICULAR PURPOSE.
Limitation
of Liability
IN NO
EVENT SHALL THE BOTTLE LIST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE BOTTLE LIST SITE, THE USE OR
PERFORMANCE OF THE BOTTLE LIST SITE, THE DELAY OR INABILITY TO USE THE BOTTLE LIST SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS,
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BOTTLE LIST SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BOTTLE LIST SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF THE BOTTLE LIST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BOTTLE LIST SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE BOTTLE LIST SITE.
Drink
Responsibly.
The Bottle List does not condone excessive or
irresponsible alcohol consumption and is committed to promoting the responsible
advertising of our products.
By using this Site, you agree to be bound by
the Terms and Conditions above. If you have any questions about these Terms and
Conditions, please contact us info@thebottlelist.com.