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Terms of Service

Terms of Service

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law.  If you do not agree to these terms and conditions, please do not use this site.

 

The Wine Market reserves the right to modify the terms, conditions and notices herein without notice. Your continued use of this site after any such changes constitutes your agreement to such changes. The Wine Market further reserves the right to change prices and other information on the site at any time without notice. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Wine Market without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

The posting of prices and other terms of sale shall not constitute a binding offer to sell any product on such terms.  In the event that a The Wine Market product is mistakenly listed at an incorrect price, The Wine Market reserves the right to refuse or cancel any orders placed for product listed, whether or not the order has been confirmed and your credit card charged, at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, The Wine Market shall issue a credit to your credit card account in the amount of the incorrect price. 

 

All content, including without limitations graphics, logos, text, images and other features, appearing on the site, are the copyrights, trademarks and other intellectual property owned, controlled or licensed by The Wine Market or third parties. This content is protected by copyright separately and as a collective work or compilation under U.S. and international copyright law and is the property of The Wine Market, its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be.

 

This site and the materials and products on this site are provided "as is" and without representations or warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Wine Market disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Wine Market does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Wine Market does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. 

The Wine Market shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Wine Market has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

In no event shall The Wine Market ‘s total liability to you for all damages, losses and causes of action (whether or not in contract, tort (including without limitation negligence), or otherwise) exceed the amount paid by you in a particular instance, if any, for any product this or any other The Wine Market site.

 
By ordering from us you are representing that you are at least 21 years of age and that the person to whom it is being shipped is also at least 21 years of age. An adult signature, verifiable by photo ID, will be required upon delivery. Title to, and ownership of the wine/spirits you order passes from The Wine Market to you as soon as it leaves our doors; it is up to you to know the relevant laws in your state. Due to FAA regulations, we are unable to provide overnight shipping for items that contain 70% ABV or higher.

All orders where the billing and shipping addresses do not match, including gift purchases, will require additional time for credit card authorization.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Wine Market or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Wine Market is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Wine Market reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Wine Market in its sole discretion.

You agree to indemnify, defend, and hold harmless The Wine Market, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

This site contains links to additional resources. The Wine Market does not have any control over, and, therefore, is not responsible for, the content or availability of these other resources.  These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Wine Market seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

 

This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all previous written or oral agreements of the parties with respect to such subject matter. No waiver by either party of any breach or default by the other shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of laws rules.  Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Wine Market products) must be commenced within one (1) year after the claim or cause of action arises. The Wine Market 's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Wine Market may assign its rights and duties under this Agreement to any party at any time without notice to you.

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