Bannister Wines
WEBSITE TERMS OF USE AGREEMENT
TERMS OF USE AGREEMENT
Welcome to Bannisterwines.com. These Terms of Use Agreement (“Terms of Use” or “Agreement”) constitute a legally binding agreement made between you (“you” and/or “user”) and Bannister Wines (“Bannister Wines”), concerning your access to and use of the Bannister Wines website located at URL: www.bannisterwines.com (“Site”).
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF USE MAY BE UPDATED BY Bannisterwines.com FROM TIME TO TIME. Bannister Wines will alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Any and all changes to this Agreement will also be reflected on the Site. You agree to be bound to any changes to this Agreement when you use the Site and/or order products from Bannister Wines after any such modification is posted. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.
If you are dissatisfied with the Site or any content on the Site, your sole and exclusive remedy is to discontinue using thE Site.
THE SALE OF ALCOHOLIC BEVERAGES
You agree that any alcohol purchased from Bannisterwines.com is intended for personal consumption and not for resale. Bannisterwines.com 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. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, you may be prosecuted to the full extent allowable by law.
USER ACCOUNT
In order for You to purchase merchandise through the Site, You will be required to provide us with certain information. To do so, you may choose to become a registered customer with us. You agree and represent that all registration and billing information provided by You is accurate and up-to-date. If any of your registration information changes, you must update it by contacting us as set forth below under “Customer Service.”
If you use this site and become a registered customer with us, 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.
ELIGIBILITY; REPRESENTATIONS AND WARRANTIES
By using the Site, you represent, warrant and affirm that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are over the age of 21 and the person(s) receiving a shipment of alcoholic beverages from Bannisterwines.com ordered through you is/are over the age of 21; and (d) your use of the Site does not violate any applicable law or regulation. Recognizing the global nature of the Internet, you further represent and warrant that you will comply with all local rules regarding online purchases of alcoholic products.
OUR PRODUCTS AND CUSTOMER SERVICE
DESCRIPTIONS. Bannister Wines attempts to be as accurate as possible in its products descriptions. However, Bannister Wines does not warrant that product and price descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Bannister Wines itself is not as described, your sole remedy is to return it in unused condition. Bannister Wines also reserves the right to cancel any orders resulting from such errors.
PRODUCT WARRANTY: Bannister Wines warrants that all its products purchased through bannisterwines.com will be free from defects in materials or workmanship for thirty (30) days from the date of original purchase. The warranty does not cover damages resulting from misuse by the owner or third parties and acts beyond Bannister Wines’ control. The warranty does not cover incidental or consequential damages.
RETURNS
Products can be returned or exchanged at Bannister Wines within 30 days of receipt by you or the recipient or such longer period as required by applicable law. To return an item please contact customer service to request a Return Merchandise Authorization number (RMA#). Your shipment will be refused if your RMA# is not clearly marked on the outside of the package. The customer is responsible for cost of shipping to the Customer Service. After inspection of the returned merchandise, you will receive store credit for cost of the returned merchandise only; shipping is non-refundable. For exchanges, a new charge will be made to the credit card for the merchandise only. Exchange items are shipped via UPS Ground at no additional charge to the customer. A credit may be used to purchase merchandise at www.bannisterwines.com or calling us at (707) 387-0124. Store credit is not activated until 24 hours after purchase. We will not offer an exchange or a refund for any item that is not received by us after you send it. Please note that costs we incur in connection with orders canceled before delivery will be charged to your account.
To the extent you are returning items you received as a gift, you may return merchandise by indicating that the item is a gift at the time of return, and we will issue a credit for future purchase in the amount of the returned items valid for a period of 12 months from the date issued at the address you indicate at the time of return.
SPECIAL ORDERS: Please note that to the extent any products are special-order items, they are not returnable and that all such sales are final.
Replacement products will be shipped back to you free of cost via UPS addresses within the continental United States only (we cannot ship to Hawaii, Alaska or Puerto Rico), subject to applicable law. Customers must allow at least 2 weeks replacement time from the time we receive the damaged product, including transit time. Any such returns should be made to:
CUSTOMER SERVICE: Ourcustomer service department can be reached at our toll free number: (707) 387-0124 Monday – Friday 9:00am – 5:00pm Pacific Standard Time
or via e-mail at: [email protected]
SHIPPING TERMS
We accept online orders for wine shipping to most states. However, because of the three-tier system (producer, wholesaler, retailer) through which most alcoholic products must pass in the United States, and due to evolving direct-shipping laws and regulations, distribution and shipping of alcoholic products can be complicated and the list of states and areas within those states that we ship to varies and may change at any time. We will contact you by email if your order is negatively affected by new shipping regulations. Currently we do not ship to the following states: Alabama, Arkansas, Delaware, Kentucky, Maryland, Massachusetts, Mississippi, New Jersey, Oklahoma, Tennessee, and Utah.
It is our goal to process and ship all orders as quickly as possible. Most orders will be processed within 24-48 hours of being placed and will arrive in approximately 7 business days.. There are several factors that contribute to when you will receive your order once it has been placed. The expediency with which your order is processed is determined by the accuracy of the order information provided by you, when the order is placed, order volume, and stock availability. The day on which your order is processed may affect when you receive it. Orders placed in the later part of the week will be held until the beginning of the following week.
It is imperative that all information included on the order be complete and accurate. Incomplete or inaccurate billing or shipping information on orders will result in a delay in processing and additional shipping charges.
If your order includes an item that is temporarily out-of-stock, but due to arrive within a few days, it will be delayed in an effort to ship the complete order. In that event we will attempt to notify you by e-mail of the delay.
Extreme weather conditions can affect your wine. High temperatures may cause your wine to leak, and extreme cold can freeze your wine during shipment. Since wine is vulnerable to extremes in temperature, and we have no control over the conditions of a carrier’s warehousing facility, we are not responsible for, and will not replace, wine that is damaged by extreme weather conditions. By placing an online order you are accepting the responsibility for that shipment through whatever weather conditions may occur during that shipment. If you live in an area where the current ambient temperature is near freezing in Winter or above 75 degrees Fahrenheit in Summer we suggest you select either 1 or 2 day shipping and be absolutely sure that an adult is available to sign for the shipment when it arrives on the scheduled day.
PRIVACY AND SECURITY POLICY
Bannisterwines.com respects the privacy of all of its customers. For more information, please see our Privacy Policy [LINK] posted on this Site. These Terms of Use are in addition to your obligations and rights under our Privacy Policy. For the avoidance of doubt, in the event of a conflict between these Terms of Use and the Privacy Policy or other terms and conditions posted on the Site, these Terms of Use will control. If you are unsure of your rights under these Terms of Use, please contact us by e-mail at [email protected].
PROHIBITED ACTIVITIES
You may not access or use the Site for any other purpose other than that for which Bannister Wines makes it available. Prohibited activity includes, but is not limited to:
(a) criminal or tortuous activity, including spamming, copyright infringement, patent infringement, or theft of trade secrets;
(b) advertising to, or solicitation of, any user to buy or sell any products or services;
(c) transmitting chain letters or junk email to other users;
(d) using any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(e) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
(g) attempting to impersonate another user or person;
(h) using the username of another user;
(i) selling or otherwise transferring your profile;
(j) using any information obtained from the Site in order to harass, abuse, harm or otherwise gain illegal access to information of another person; and
(h) using the Site in a manner inconsistent with any and all applicable laws and regulations.
Bannister Wines reserves the right but does not have the obligation to: (a) monitor the Site for violations of this Agreement; (b) take appropriate legal action against anyone who, in its sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) in Bannister Wines’ sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s access to the Site or any portion thereof that may violate this Agreement or any Bannister Wines policy; (d) terminate the accounts of repeat infringers and users in breach of this Agreement; and (e) to otherwise manage the Site in a manner designed to protect the rights and property of Bannister Wines and others and to facilitate the proper functioning of the Site.
COMMUNICATIONS AND OTHER CONTENT
Visitors to the Site may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do submit any suggestions or material, and unless You indicate otherwise, you grant Bannister Wines a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You represent and warrant that you own or otherwise control all of the rights to the content that you submit. Bannister Wines takes no responsibility and assumes no liability for any content submitted by you or any third party.
INTELLECTUAL PROPERTY
The contents of the Site, such as trademarks, designs, text, logos, and icons, or other intellectual property are proprietary to Bannisterwines.com. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Site in any way for any public or commercial purposes, without Bannister Wines’ prior written permission. You may print or download information from the Site only for your own personal, non-commercial use.
DISCLAIMER OF WARRANTIES
ALTHOUGH Bannister Wines ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, CONTENT on the Site, including without limitation, text, graphics links, LISTS OF AVAILABLE PRODUCTS AND PRODUCT PRICES, ARe provided on an “as is” basis with no warranty.
Bannister Wines AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE, THE AVAILABILITY OF PRODUCTS, THE PRICING OF PRODUCTS, AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Bannister Wines AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS of Bannisterwines.com, Bannister Wines AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Bannisterwines.com IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA (EVEN IF Bannister Wines HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING IN ANY MANNER FROM THE SITE, INCLUDING: (1) THE USE, OR THE INABILITY TO USE, THE SITE; (2) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR, (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY.
BECAUSE CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, Bannister Wines AND ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AFFILIATES’, AGENTS’, LICENSORS’, AND SUPPLIERS’ LIABILITY IS LIMITED TO THE Lesser OF (I) $100 or (ii) the Maximum Amount PERMITTED BY LAW.
INDEMNITY
You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your use of the Site, your connection to the Site, your violation of THESE TERMS OF USE, or your violation of any rights, including intellectual property rights, of anyone. You agree to indemnify and hold Bannisterwines.com, its affiliates, officers, directors, employees, contractors, subsidiaries, licensors and licensees harmless from and against any and all claims and expenses, including attorney’s fees, made by any third party due to or arising from (1) your use of the Site; (2) your breach of any terms, conditions, or restrictions of THESE TERMS OF USE; And (3) any act or failure to act by you.
LINKS
As a convenience to you, the Site may display links to other sites which are not maintained by Bannisterwines.com. Bannisterwines.com is not responsible or liable for the content or operation of third-party sites, and the presence of such links on the Site does not imply that Bannisterwines.com is affiliated with such sites or third parties. We try to include only links to those sites which are in good taste and safe for our visitors. By using the Site, you acknowledge and agree that Bannisterwines.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or as may be made available on the Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Bannisterwines.com. Bannister Wines.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than authorized Bannister Wines.com employees acting in their official capacities.
COMPLIANCE WITH LAWS
Recognizing the global nature of the World Wide Web, you will comply with all local rules applying to your activities on the Site, including online conduct and acceptable content in your jurisdiction. Neither Bannisterwines.com nor its affiliates make any representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
GOVERNING LAW; EXCLUSIVE JURISDICTION
YOU AGREE THAT THESE TERMS OF USE AND THE RELATIONSHIP BETWEEN YOU AND Bannister Wines WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND Bannister Wines HEREBY SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF SONOMA, CALIFORNIA.
MISCELLANEOUS
The failure of Bannister Wines.com to exercise or enforce any provision of these Terms of Use will not constitute a waiver of such provision. If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly assume all of your obligations set forth in these Terms of Use. If any provision of these Terms of Use are found by a court of competent jurisdiction to be invalid, the court should nevertheless give effect to the parties’ intentions as reflected in the provision, and allow the other provisions of these Terms of Use to remain in full force and effect. Any claim or cause of action arising out of or related to the Site or these Terms of Use must be filed within 1 year after such claim or cause of action first arises; otherwise, such claim or cause of action is forever barred, regardless of any statute or law that otherwise would provide to the contrary.
By your continued use of the Site and/or purchase of our products, you acknowledge that you have read and understand these Terms of Use and you agree to act in accordance with its terms and conditions and be bound by them. These Terms of Use shall not be altered or modified in any way without the prior written consent of Bannisterwines.com signed by an authorized representative of Bannisterwines.com.
Last updated: May 2015