Welcome to our Web site (our “Web site” or “site”), owned and operated by Vine2Home. By using our Web site YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers, policies and limitations that appear or are made available to you on our site (for example, in connection with special offers or promotions) and all of these, as they may be amended from time to time, we may refer to collectively as your “Agreement” with us. We may refer to anyone using, registering, visiting or taking advantage of any of the features, functions, offers or links made available, on or through our Web site, as “you”, “your” or “Buyer” in our Agreement and we may refer to Vine2Home as “we”, “us” or “our” (or, of course “Vine2Home”).

Acceptance of and Changes to Terms of Service

 
By using our Web site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our Web site. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Web site following the effective date contained in the notification or the posting of such changes on our Web site if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement.

If you have questions or concerns about our specific terms, conditions, policies, please send an e-mail to inquire@vine2home.com

User Obligations

 
You agree not to do any of the following while using the Vine2Home Web site:

• Intentionally or knowingly violate any applicable law or regulation, agreement that you are bound by – including this Agreement – nor the rights of any other party.
• Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities.
• Exceed authorized access, tamper with, or misuse any areas of the Vine2Home site or Vine2Home computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution.
• Frame or link to the Vine2Home Site unless permitted in writing by Vine2Home.

 
The Sale of Alcoholic Beverages

 
We do not sell alcohol to persons under the age of 21 or anyone outside the United States (or even in the U.S if prohibited by law). By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or 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 us is over the age of 21. Delivery drivers will be at least 21 years of age and will not deliver to visible intoxicated people. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will remove you from usage of Vine2Home Web site and will cooperate with authorities to prosecute you to the fullest extent of the law.

 
These terms apply to all sales and are the basis upon which orders are accepted. They will apply, unless varied in writing, to all future transactions. When you order from us, it is assumed you have read and understand the terms and conditions below. If you have questions or concerns, please email us: inquire@vine2home.com .

 
All alcoholic beverages are deemed to be sold in Arizona and title passes to the buyer in the State of Arizona. We make no representation to the legal rights of anyone to ship or import wines into any state outside of the State of Arizona.

 
Buyer takes all responsibility for the product being sold from the state of sale, Arizona, to the Buyer’s selected destination. Vine2Home makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. Buyer warrants he or she is solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to the Buyer’s chosen destination. We cannot be held responsible for confiscation by any government or law enforcement agency as a result of alleged violations of applicable laws. An adult must be present to sign for delivery. By placing an order, you authorize Vine2Home to act on your behalf to engage a common carrier to deliver your wine to you. When your order is delivered, the person to whom the delivery is made will need to show identification to the shipper to verify identity and age. The Buyer represents that he/she is acting in a fashion compliant with his or her local and state law regarding the purchase, transportation, and delivery of wine. The Buyer acknowledges that the laws governing the sale and transportation of alcohol beverages vary from state to state. Vine2Home makes no representation as to the legal rights of any individual or entity to ship or transport wines into any state outside of Arizona. As expressly noted above, you the Buyer are solely responsible for taking possession of all wines that you purchase from Vine2Home. Vine2Home reserves the right to delay the release of shipments to ensure product quality.

 
The Buyer is solely responsible for shipment of alcoholic beverage products. By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to you. If you wish to ship to another state, you assume all responsibility for determining whether you may lawfully import alcoholic beverages into that state.

 
As interstate shipping laws are constantly changing, you may want to check with the appropriate agency in your state or county. Our acknowledgment of an order is not a guarantee that we will ultimately be able to ship wine to you.

 
If we are unable to ship wine to the state you request, we will notify you before shipping your order to determine whether you wish to proceed. By placing your order with Vine2Home you certify under penalty of perjury that you and the recipient are at least 21 years old. When the wine is delivered, the recipient will be required to show identification proving that he or she is at least 21 years old. The willful misrepresentation of your age or the age of the recipient is a crime in most states, and if you willfully misrepresent your age or the age of the recipient, Vine2Home will cooperate with authorities to prosecute you to the fullest extent of the law.

We charge a 15% cancellation fee for all cancelled orders.

Taxes

 
All wines collected or delivered are subject to Arizona sales tax. If Vine2Home fails to add sales taxes when the order was placed, Vine2Home reserves the right to correct and collect any sales taxes due.

Shipping

 
Shipment can usually be arranged within 7 working days of receipt of payment. Buyers who specify air shipping for their wines should be aware that changes in pressure can result in easing or failure of corks, particularly with older wines. Note that weather/heat damage is NOT covered by insurance. Wines must be inspected by the Buyer upon receipt for any breakage. Vine2Home must be notified immediately (within 48 hours) of any breakage. Neither Vine2Home nor its agents can assume responsibility for any deterioration resulting from shipment. It is important to note that this insurance covers only breakage. Vine2Home and its forwarding agents cannot be held responsible for any other changes to the wines during shipment. Insurance coverage does not cover confiscation by any government or law enforcement agency as a result of alleged violations of applicable laws by purchasers and wine order is not refundable to Buyer.

 
When shipping orders to a wine storage facility, the Buyer should notify the facility the day prior to the expected delivery date as indicated when checking the tracking information. The Buyer should advise the facility to open and verify the contents of the package prior to signing for the delivery of the package. Notify us of the issue. All packages, packing materials, contents, and delivery forms should be kept until the issue is resolved. The Buyer is responsible for confirming the delivery with their wine storage facility at the time of delivery.

Delivery Attempt

 
It is the Buyer’s responsibility to be present at the time of delivery. If no one is available to receive the package, a subsequent attempt to deliver will be made. Whenever possible, we encourage you to use a commercial business address to assure the fastest delivery time. If subsequent attempts are unsuccessful, your order will be returned to Vine2Home. The Buyer will be required to incur the cost of shipping and handling, regardless of the Buyer deciding to cancel the order.

 
We charge a 15% cancellation fee based on the total purchase price of your wine order for all cancelled orders.

 
Should the shipment be unable to deliver, the Buyer will be responsible for the cost of return shipment and subsequent charge to resend the wines.

Extreme Weather

 
Vine2Home has a policy not to ship in extremely cold or hot weather. Transporting wine in extreme weather conditions, even by overnight service, may seriously damage wines. During periods of extreme weather Vine2Home strongly advises against transport of wines by any means. During these times we are pleased to provide complimentary short-term storage until better conditions prevail - the next shipping season but not longer than 90 days unless specifically agreed in writing by Vine2Home. If orders have not been shipped within 90 days, we will make several attempts, through emails and phone calls, to contact the Buyer about their order. Failure of the Buyer to respond will result in the wines that were ordered being placed back into stock. We cannot guarantee that the same wines and vintages will be available at a future date. The Buyer will be given the option of a credit for a future order or incur a cancellation fee.

 
Storage fees may be applicable for a period of storage longer than 90 days from the date of purchase. If shipment is requested during periods of extreme weather, the Buyer will be required to authorize a shipping release through email and phone to free Vine2Home from any liability for damage incurred to wines shipped during periods of extreme weather. The ultimate shipping method and timing is yours.

 
We do not accept returns of wine that is distressed due to shipping. We cannot be responsible nor can we replace bottles damaged by the weather/heat/cold/rain/snow. Again, the ultimate shipping method and timing is yours.

Bad Bottles

Corked or otherwise innately flawed bottles are always a possibility when it comes to wine, albeit an infrequent one. We are unable to guarantee wines that have been out of our possession for longer than 7 days and therefore cannot make exceptions to the return policy even in the event of bad bottles.

 
Please note that all bad bottles must be returned to Vine2Home for inspection by a manager before a refund or credit can be issued. All shipping costs for returned bottles are at the Buyer’s expense. Simply re-cork the bottle as tightly as you can, and pack it safely in a box. No restocking fees apply to bad bottle refunds once verified.

Order Cancellation/Return Procedures and Policies

Cancelled orders are orders that have been placed by the Buyer that have not yet been shipped or delivered. A restocking fee of 15% will be assessed at the time of the issuance of a credit.

In the case that you receive broken merchandise, you must inform Vine2Home of any broken bottles within 24 hours of delivery. A photo of the broken bottle must accompany such notification and may be sent to: inquire@vine2home.com .

Packages that are returned as undeliverable will incur a $45 non-refundable returns fee. In addition, the return process itself can take a week or even more depending on the method. If a package needs to be rerouted, that is at the common carriers’ discretion and can take several days in addition to incurring a fee.

If the weather is too warm or cold in my area right now and I am not sure if I should ship. What should I do?

 
If you think it may be too cold or warm in your area, we advise you to either choose an expedited delivery method or take advantage of the Vine2Home’s complimentary storage option, for 90 days post purchase. We will hold your purchase in our temperature controlled warehouse until you are ready to receive your purchase. Shipping does not cover damage caused by heat or extreme cold.

 
If orders have not shipped within 90 days, we will make several attempts, through emails and phone calls, to contact the Buyer about their order. Failure of the Buyer to respond will result in the wines that were ordered being placed back into stock. We cannot guarantee that the same wines and vintages will be available at a future date. The Buyer will be given the option of a credit for a future order or incur a cancellation fee.

Order Acceptance/Confirmation

 
Buyers will receive an order shipped email with the tracking number. If the Buyer does not receive this email within a couple of days of the expected shipping date, the customer is responsible for contacting us to determine if the order has shipped or if the email was lost in route to the customer. If we cannot ship your order within 7 business days, we will notify you of the delay. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Vine2Home Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Return Policy

 
All sales made through our Web site are subject to our return policy. For a complete description and explanation of our return policy, please see the section about Order Cancellations/Returns Procedure Policies.

Validating Your Order

 
After you place an order using our shopping cart, we will check the information you give us for validity and verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Limitations/Limited Quantities

 
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers.

Termination of Use

 
We may terminate your Vine2home account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Web site at any time without prior notice.

Parental Control Protections

 
As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse or control any of these companies or their services.

Your use of our Web site is also subject to our Privacy Policy.

Force Majeure

 
We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

General Provisions

 
You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Content on our sites, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we don’t exercise some right or enforce some provision at any particular time, that doesn’t mean we have waived that or any other right in any way. If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms of Service, along with the our Privacy Policy and any other terms, conditions or provisions specifically referred to herein, comprises the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same. These Terms of Service and our Agreement with you, is personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission, will be void ab initio. These Terms of Service will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision. Arizona 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 and our Agreement with you. You agree to submit to the personal jurisdiction of the courts located in the State of Arizona, for the resolution of all disputes arising from or related to these Terms of Service, our Agreement with you and/or your use of the Site.