Terms of Service
Welcome to the Internet site of Wilkinson Wine Cellar, LLC. The wilkinsonwinecellar.com site is operated
by Wilkinson Wine Cellar, LLC and is referred to herein as "we,"
"us," or "our".
PLEASE NOTE THAT YOUR USE OF THE WILKINSONWINECELLAR.COM SITE
IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF
SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS WILKINSONWINECELLAR.COM SITE OR
ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WILKINSONWINECELLAR.COM SITE
SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH
BELOW. THE TERMS OF SERVICE MAY BE
UPDATED BY WILKINSONWINECELLAR.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO
YOU. YOUR CONTINUED USE OF THE
WILKINSONWINECELLAR.COM WEBSITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO
THE TERMS OF SERVICE.
Title and Ownership
Title to, and ownership of, all wine passes from Wilkinson
Wine Cellar, LLC to the purchaser at the warehouse and in the state of Virginia
and the purchaser takes all responsibility for the shipping it from the
warehouse to his/her home state. By
arranging for transportation of the wine, Wilkinson Wine Cellar, LLC is
providing a service to, and acting on behalf of the purchaser. By utilizing this service from Wilkinson Wine
Cellar, LLC, the purchaser is representing that he/she is acting in a fashion
compliant with his/her local and state laws regarding the purchase,
transportation and delivery of wine. The
purchaser represents that he/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 and once again authorizes that he/she is 21
years of age.
The Sale of Alcoholic Beverages
Wilkinson Wine Cellar, LLC does not sell alcohol to persons
under the age of 21. By using this site you swear and affirm that you are over
the age of 21. Wilkinson Wine Cellar,
LLC 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 are acknowledging that the person receiving a shipment of alcoholic
beverages from Wilkinson Wine Cellar, LLC is over the age of 21. You also agree that any alcohol purchased from
Wilkinson Wine Cellar, LLC 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 Wilkinson Wine Cellar, LLC will prosecute you fully to the extent allowable
by law.
Disclaimer of Warranties
ALTHOUGH WILKINSON
WINE CELLAR, LLC ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION
ON THE WILKINSON WINE CELLAR, LLC WEBSITE,
IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE
ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WILKINSON WINE CELLAR,
LLC WEBSITE. WILKINSON WINE CELLAR, LLC
DOES NOT WARRANT THAT YOUR USE OF THE WILKINSON WINE CELLAR, LLC WEBSITE, OR
THE OPERATION OR FUNCTION OF THE WILKINSON WINE CELLAR, LLC WEBSITE, 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
WILKINSON WINE CELLAR, LLC WEBSITE 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. WILKINSON WINE CELLAR, LLC AND ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE WILKINSON WINE CELLAR, LLC WEBSITE. THE WILKINSON WINE CELLAR, LLC WEBSITE 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.
No Responsibility to Sell Mispriced Products or Services
Wilkinson Wine Cellar, LLC shall have the right to refuse or
cancel any orders placed for products and/or services listed at an incorrect
price, rebate or refund, or containing any other incorrect information or
typographical errors. Wilkinson Wine
Cellar, LLC shall have the right to refuse or cancel any such orders whether or
not the order has been confirmed and your credit card charged. If your credit card has already been charged
for the purchase and your order is canceled, Wilkinson Wine Cellar, LLC shall
immediately issue a credit to your credit card account in the amount of the
charge.
Modifications to Prices
WILKINSON WINE CELLAR, LLC RESERVES THE RIGHT, AT ANY TIME,
TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD,
EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Order Cancellation or Unauthorized Returns
ALL orders placed by any customer is considered FINAL at the time that the order is placed on the Wilkinson Wine Cellar, LLC website or telephone. Order cancellation or changes must be approved by Wilkinson Wine Cellar, LLC and are subject to Restocking Fees and Financial Processing Fees. Restocking Fees can be charged up to 15% of the order total and Financial Processing Fees will be charged between 3 and 5 percent of the total invoice. Once an order is processed in our E-Commerce system either by the customer or Wilkinson Wine Cellar, LLC employee, it is considered a completed transaction. At that point it will be treated as a potentially valid order; it will be verified for payment fraud, age verification, local alcohol law verification, and then processed through our credit card payment gateway. Once this occurs, cancellation of the order will result in a minimum of 3 % credit card processing fee and a 5 % re-stocking fee. All orders that are packaged and or shipped and then returned or not shipped without proper authorization, can be charged the maximum 15 % re-stocking fee. A return authorization from a Wilkinson Wine Cellar, LLC employee must be provided and approved by the owners. Any return that does not have a return authorization code is to be considered an "Unauthorized Return."
Order cancellation due to inappropriate customer behavior; Wilkinson Wine Cellar, LLC reserves the right to cancel an order for any reason, at any time. Inappropriate customer behavior, customer threats to individuals and or the business, inappropriate, misleading, inaccurate, and or fraudulent business reviews in published or electronic media, will result in immediate processing of that order as "Fraudulent." Once an order is classified and processed as fraudulent, the ordering process will stop, any package shipped will be returned by the original carrier, and the original purchase amount will have all associated fees deducted and the refund to the original method of payment within 15 days. No further business will be allowed by any individual or group that attempts a fraudulent purchase; furthermore, Wilkinson Wine Cellar, LLC reserves the right to pursue the individual or group through ALL means, legal, financial, partner relationship, social media, local, state, and US Federal organizations.
General Agreement
You agree that Wilkinson Wine Cellar, LLC 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 Wilkinson Wine Cellar, LLC website may not be legal by certain
persons or in certain countries. If any
provision of these Terms of Service 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 Wilkinson Wine Cellar, LLC to enforce any right or
provision in these Terms of Service shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by Wilkinson Wine Cellar, LLC in
writing. The Terms of Service, along
with the Wilkinson Wine Cellar, LLC Privacy Policy, comprises the entire agreement
between you and Wilkinson Wine Cellar, LLC and supersede all prior or
contemporaneous negotiations, discussions or agreements, if any, between the
parties regarding the subject matter contained herein. These Terms of Service are personal to you and
you may not transfer, assign, or delegate these Terms of Service to anyone
without the express written permission of Wilkinson Wine Cellar, LLC. Any attempt by you to assign, transfer, or
delegate these Terms of Service without the express written permission of
Wilkinson Wine Cellar, LLC shall be null and void. These Terms of Service will inure to the
benefit of Wilkinson Wine Cellar, LLC’s successors, assigns, and licensors. The paragraph headings in these Terms of
Service, shown in boldface type, are included to help make the agreement easier
to read and have no binding effect.
Virginia law and controlling U.S. federal law, without regard to the
choice or conflicts of law provisions of any jurisdiction, will govern any
action related to these Terms of Service. You agree to submit to the jurisdiction of the
courts located in Fairfax County, in the State of Virginia, for the resolution
of all disputes arising from or related to these Terms of Service and/or your
use of the Site.