LEGAL
THE PROPERTY DESCRIBED ON CULTWINE.COM WEB SITE WILL BE OFFERED BY CULTWINE.COM UNDER THE FOLLOWING TERMS AND CONDITIONS. PRIVATE CLIENTS WHOM VISIT OR PURCHASE WINES AT CULTWINE.COM AGREE AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS:
1. Wines may be sold and delivered only to persons who are at least 21 years old. Private Clients acknowledge that they are at least 21 years old, and that the person to whom Private Client's wine will be delivered is also at least 21 years old. By placing an order on our site, you submit that you are 21 years of age or older and you agree to all Alcohol Beverage Control laws within your state. Also, the person receiving delivery may be required to show identification proving that he or she is at least 21 years old.
2. All wine sold by Cultwine.com is sold in California and title passes to you, the Private Client, in California upon completion of your payment. All sales are final once payment has been recieved. All orders being delivered or picked up in the State of California will be subject to a 8.75% sales tax (or the appropriate CA state slaes tax) at the time of order. Title to the property will not pass from Cultwine.com to Private Client until full payment is received by Cultwine. No property will be released to the Private Client until Cultwine receives any applicable state and local taxes. All Cultwine sales will be final, confirmed by email and are conducted in US Dollars only.
3. Private Clients Outside of the U.S., please remember Cultwine reserves the right to require payment by wire transfer for the full price of purchased wine, insurance, applicable taxes and duties and shipping charges prior to shipping of any property. The actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company on the date which you are actually charged.
4. Every attempt has been made to describe all property as accurately as possible. However, Cultwine does not warrant nor represent, and denies any and all responsibility for inventory not availble, computer errors, the accuracy of the deions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statement of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of Cultwine.
5. Shipping: All items will be shipped to the Private Client upon payment of the purchase price and pre-paid shipping charges. All wines are delivered by Private Client’s preferred method of shipping or by Cultwine's choice if no Private Client preference is indicated. Private Client shall assume full responsibility for shipping expenses. This includes shipping costs, insurance, packing and handling. All sales are final and no returns will be permitted without approval of Cultwine.com. Any attempt to cancel an order after confirmation by email, Private Cleint is subject to a 50% re-stocking fee on the purchase price of the wines.
6. BY PURCHASING WINE AND AGREEING TO ALL TERMS AND CONDITIONS, CLIENTS AGREE TO AUTHORIZE CULTWINE.COM TO CHARGE THEIR CARD TODAY TO PAY FOR ALL THE WINES ORDERED BY THE CARDHOLDER. THE CHARGES WILL APPEAR UNDER THE NAME OF “CULTWINE” ON YOUR CREDIT CARD STATEMENT. THE WINES ARE IN STOCK AND READY TO SHIP BUT WILL BE SHIPPED AT THE CARDHOLDERS REQUESTED DATE WHICH CAN BE DELAYED DUE TO WEATHER CONDITIONS AT THE REQUEST OF THE CARDHOLDER. BY PURCHASING WINES ON OUR SITE, THE CARDHOLDER AUTHORIZES CULTWINE TO SHIP TO AN ALTERNATE ADDRESS OTHER THAN THE BILLING ADDRESS ONLY IF THE CARDHOLDER MAKES SUCH A REQUEST. THE CARDHOLDER AGREES TO THESE TERMS & CONDITIONS FOR ALL FUTURE PURCHASES FROM CULTWINE.COM.
THE CARDHOLDER AGREES TO PAY IN FULL ANY AND ALL EXPENSES RELATED TO THIS INVOICE INCLUDING THE COLLECTION OF THESE FEES AS WELL AS ANY AND ALL ATTORNEY FEES IN THE EVENT ANY AMOUNT OF THE PAID AMOUNT FOR THE INVOICE IS DISPUTED. IF THE CHARGES HAVE TO BE REBILLED TO THE CREDIT CARD, THE CARDHOLDER AGREES TO PAY ANY AND ALL ADDITIONAL FEES WHICH THE CREDIT CARD COMPANY CHARGES CULTWINE INCLUDING BUT NOT LIMITED TO THE 4% CREDIT CARD FEE FOR EACH TRANSACTION.
The Private Client is responsible for all duties and customs charges incurred in shipping purchases from the US to the Private Client's desired shipping address. To the extent that Cultwine provides estimates of shipping, customs and duty charges, these should be treated as ESTIMATES ONLY. The Private Client is responsible for the actual charges incurred.
Since the sale of the wine between Cultwine.com and Private Client takes place at Cultwine's facility the Private Client becomes the owner of the wine when payment is recived by CultWine. If Cultwine has arranged the shipment on behalf of Private Client using Cultwine’s regular shipping accounts, Cultwine shall reimburse Private Client for any wine that is lost or broken during that shipment. However, Cultwine will not reimburse Private Clients for lost or damaged shipments if Private Clients arrange shipping using their own accounts. Cultwine will take all necessary precautions to package the wine according to industry standards to minimize the possibility of damage. Cultwine will use only reputable carriers who will safeguard the shipment as much as possible given the nature of the commodity. Note: Insurance does not cover any loss or damage due to exposure to temperature variations, shipping delays, or defect in or failure of any cork or other bottle closure.
Cultwine reserves the right to cancel any order of wine at it's sole discretion by refunding the full purchase price or deposit on wines which may not be available for any reason.
The Private Client is solely responsible for shipment of wines. By purchasing our wines, Private Clients authorizes Cultwine to act on their behalf to engage a common carrier to arrange shipping of the wine to the location the Private Client specifies. The primary means of distribution will be a common carrier such as UPS, Fed Ex, Cal-Overnight or others. Private refrigerated shipping is available upon request as well. Cultwine makes no representation as to the rights of anyone to import wine into any state outside of California. All sales are final and Private clients will be charged when their orders are confirmed and approved by the Private Client. After 90 days storage charges shall accrue at a rate of $10 per case or partial case per month, and must be paid prior to release of the wine.
If your shipment is delayed or arrives broken, please contact a Cultwine Account Executive immediately. Cultwine insures all wine shipments to our Private Clients. In the event of loss or breakage Cultwine will handle all claims. Please do not contact the carrier directly.
Special Note: Although we constantly double check provenance please remember that some of these corks more than 20 years old begin to lose their elasticity and levels can change in shipping conditions. Old corks occasionally fail during or after shipment. Private Clients must understand that there is always a risk of cork failure with old wines and therefore we must be extremely cautious when to ship these wines. Under only very rare circumstances can an adjustment of price or credit be made after delivery.
PRIVACY POLICY
Cultwine understands that privacy and security are extremely important. This spells out our privacy policy and is intended to demonstrate our firm commitment to your privacy as out Private Client. This policy does not, however, govern the terms of our relationship or constitute any representation or warranty.
ACQUIRING INFORMATION
Our site's registration process requires you to give us contact information, including your current mailing address, phone number, your valid email address and a valid credit card number. Your personal contact information is collected primarily to determine the worthiness of any individual to be using the Cultwine site. Your personal information will only be shared with those who either win your auctions or who are the seller's of auctions which you win. You personal information is maintained and regularly d to help prevent fraud on Cultwine. We also use this information to bill you if you participate in our auctions and acquire wines. We will not use your contact information to send you information about business partners we may have.
Our site does use cookies. We use these cookies to deliver content specific to your interests, to save your password, and for other purposes.
Your personal information will never be sold, given, or rented to 3rd parties on our system. We use this data to send you information about our auctions, special offers and other Cultwine news.
This site sometimes contains links to other sites. Cultwine is not responsible for the privacy practices or the content of such sites and expressly disclaims all responsibility and liability for any and all such sites.
THIRD PARTY REQUESTS FOR PRIVATE INFORMATION
Generally, we will not supply any information concerning our users to unaffiliated third parties. We will, however, provide access to personal information in order to comply with valid legal processes, such as search warrants, subpoenas, or court orders; or to process and protect our rights and/or property. We may also make user information available or trace IP addresses in special circumstances, such as where physical safety may be at risk.
SECURITY
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. These measures include firewall protection, password encryption, and restricted server access. The physical server hosting the site is kept under surveillance, lock and key in a guarded facility twenty-four hours a day, seven days a week. However, none of these measures is absolutely safe or unconditionally guaranteed and these measures may not prevent the loss, misuse or alteration of information. Therefore, we urge all Private Clients to exercise caution while using our site.
While we strive to protect our user's information and privacy, we cannot guarantee the security of any information you disclose online, therefore, you do so at your own risk. By viewing and/or purchasing wines at Cultwine.com, you acknowledge that you are aware of security and privacy limitations, including but not limited to: (1) the limitation of security, privacy and authentication measures and features within this system; and (2) that data and/or information on the site or server may be subject to hacking, password theft, electronic fraud and contamination by viruses.
OUR POLICY REGARDING MINORS
None of our products or services is intended for use by anyone under the age of 21 years old. All users of our site are required to verify that they are 21 or older when they register. Therefore, we do not knowingly collect or distribute any information, on anyone under 21 years old.
RETURN POLICY
Cultwine.com will not accept returns of damaged wine in your possession longer than 30 days without written approval and authorization from Cultwine.com. We prefer our Private Clients to make any claims or requests within 72 hours of receipt of shipped wines. If you have unusual circumstance please email customer service with an explanation. We will consider all the variables and if we approve your request, we will provide you with an extension through email. All sales are final once payment has been recieved.
Cultwine will agree to refund any and all credit charges for wines which may not be available, are listed incorrectly or do not meet the standards of Cultwine.com. The Private Client will recieve prompt refund of any credit card charges which they have been charged by Cultwine.com. upon determination of wines which are not available. The Private Client will agree to pay a minimum 50% of purchase price for a re-stocking fee for any wines bought which Private Client attempts to 'charge back" the original charges to his/her credit card. All sales are final upon tansfer of payment and no refunds or charge backs are permitted unless auhtorized in writing by Cultwine.com.
Cultwine.com guarantees the excellent provenance of all of the wine we offer. Our professional staff takes great care in packing and shipping your wines to you. All wines are inspected and photographed prior to leaving our warehouse. Although, we hope none of the below ever happens, we are happy to return, credit, or exchange bottles any and all wines that suffer from any of the following conditions:
Wine that has had leakage during shipping to you. Incorrect order fulfillment (wrong vineyard or vintage shipped) Shipping problems that are clearly the fault of the shipper or Cultwine.com. Wines with conditions not noted by our Condition Legend. “Cooked” wine or wine that is clearly showing signs of improper storage. Ideally we will ask for a partial bottle sent back to us within 24 hours of opening the wine.
The wine industry estimates that between 3 and 7 percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole, or TCA within the cork. TCA has a distinctive odor resembling moldy newspaper or damp basement. In almost all cases of "corked" wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. We do not accept returns of corked wine nor do we refund for corked wines.
Wines spoiled by changes in temperature cannot be recovered. Note: Choose your shipping address carefully.
We cannot replace wine damaged by heat or cold exposure.
If you have items you would like to request a return please contact us directly at (866) 479.8111.
Cultwine.com reserves the exclusive right to change policy or legal terms without prior or any notice.