Terms + Conditions
INTRODUCTION
This website, www.classicwineselections.com, is owned and operated by ClassicWineSelections, LLC d/b/a “ClassicWineSelections”. It, any individual websites we have now or may have in the future, and any links contained within or otherwise available through external hyperlinks within this website shall collectively be referred to as our “Site.” By using our Site and any services offered on our Site, you agree to these Terms & Conditions, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, IMMEDIATELY STOP ACCESSING OUR SITE AND DO NOT USE ANY SERVICE OFFERED THROUGH OUR SITE.
1. MUST BE 21
You must be at least twenty-one (21) years of age to make a purchase on our Site. To verify that you are at least twenty-one (21) years of age, you will be required to enter your date of birth prior to completing a purchase on our Site. Additionally, all deliveries of packages containing alcoholic beverages require the signature of a person who is at least twenty-one (21) years of age.
2. FRAUDULENT INFORMATION
If you commit fraud or falsify information in connection with your use of our Site and/or in connection with your ClassicWineSelections account, we may terminate your account immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue any and all available legal action, and to notify your internet service provider of any fraudulent activity we associate with you or your use of our Site.
3. CLASSICWINESELECTIONS RECOMMENDATIONS
ClassicWineSelections may, from time to time, provide various types of Item recommendations on our Site. Such recommendations are based solely upon the opinions of our experts and participating wineries. ClassicWineSelections and the participating wineries make no representation that the Items recommended, and/or any of the Items sold on our Site will satisfy your expectations. Additionally, users are under no obligation to purchase any of the Items recommended on our Site.
4. NO REFUNDS
Due to various legal restrictions regarding the sale of wine and other Items, we cannot refund our users for the purchase of any Items sold through our Site. If you have a bad experience with ClassicWineSelections, please email us at info@classicwineselections.com and we will attempt to address your concerns accordingly.
5. TERMINATION OF CLASSICWINESELECTIONS ACCOUNT
ClassicWineSelections reserves the right to deny service or access to our Site or an account to anyone at any time if we determine, in our sole discretion, that such person has violated these Terms & Conditions. Additionally, a ClassicWineSelections account holder may voluntarily terminate his or her ClassicWineSelections account at any time. Unused credits earned through any ClassicWineSelections referral program are not refundable for any amount after the termination of your ClassicWineSelections account, unless applicable law provides otherwise.
6. NO AGENCY
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between you and ClassicWineSelections by your usage of our Site.
7. AVAILABILITY OF WEBSITE
Users of our Site may experience interruptions in service due routine maintenance or other causes that are may or may not be within our control.
8. INDEMNIFICATION
You agree to defend, indemnify and hold harmless ClassicWineSelections, and our respective managers, officers, employees and agents from and against all claims and expenses, including attorneys fees, arising out of or related to any products or services purchased by you in connection with our Site or any use of our Site in violation of these Terms & Conditions. You are solely responsible for your interactions with wineries and other users of our Site. To the extent permitted under applicable laws, you hereby release ClassicWineSelections from any and all claims or liability related to any product or service of a winery, any action or inaction by a winery, including a winerys failure to comply with applicable law and/or failure to abide by the terms of a purchase, and any conduct or speech, whether online or offline, of any other user.
9. DISCLAIMER OF WARRANTY
The ClassicWineSelections Site and services are provided “as is,” “with all faults,” and “as available.” ClassicWineSelections and participating wineries make no express warranties or guarantees about the Site or services provided on it. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, MANAGERS, AGENTS, VENDORS, AND WINERIES DISCLAIM ANY AND ALL IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THERE IS NO, AND NEVER HAS BEEN ANY, GUARANTEE THAT CLASSICWINESELECTIONS WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. CLASSICWINESELECTIONS DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. CLASSICWINESELECTIONS MAKES NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY PROVIDED ON THE SITE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A CLASSICWINESELECTIONS REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL CLASSICWINESELECTIONS’S LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, MANAGERS, AGENTS, VENDORS, OR WINERIES, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND/OR SERVICES EXCEED THE TOTAL AMOUNT OF MONEY THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD. CLASSICWINESELECTIONS, OUR AFFILIATES, OFFICERS, MANAGERS, AGENTS, VENDORS, AND WINERIES, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON, CLASSICWINESELECTIONS’S SITE AND/OR SERVICES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, MANAGERS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. WEBSITE OWNERSHIP
The content and information on our Site, as well as the infrastructure used to provide both, is the property of ClassicWineSelections, participating wineries, and/or other partners. Users of our Site are prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling or re-selling any Site content, including but not limited to, information, software, products, or services obtained from or through our Site.
12. INFORMATION SECURITY
ClassicWineSelections does not, and cannot control the security of the internet and other networks users might use to access our Site or communicate with us. As such, we cannot be, and are not, responsible for the security of information that you communicate to ClassicWineSelections while it is being transmitted; nor is ClassicWineSelections responsible for any data lost during transmission of your information.
13. COMMUNICATIONS WITH US/OTHER USERS/WINERIES
We may, in some instances, allow you and other users to ask questions, express opinions, and otherwise communicate through communication facilities that may be offered on or through our Site from time to time. ClassicWineSelections shall have the right, but not the obligation, to monitor any such communication facilities at any time, for any reason, including to determine compliance with these Terms & Conditions, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any material from the communication facilities for any reason at our sole discretion. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by any user of our Site to the communication facilities are those of the respective author(s) or distributor(s) and not of ClassicWineSelections.
14. YOUR STATEMENTS ARE PUBLIC
You understand and agree that all statements you make through communication facilities we might offer are public and not private. Any other person may read your statements without your knowledge or approval. Please do not include any Personal Information (as defined in our Privacy Statement) in your statements. ClassicWineSelections does not endorse any statement found in any part of the communication facilities, and we will not be liable for the statements, the communication facilities, and any actions resulting from your participation in any part of the communication facilities, including any objectionable content.
15. CLASSICWINESELECTIONS’S LICENSE TO YOUR STATEMENTS
By posting statements or other information on or through the communication facilities, you grant ClassicWineSelections a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
16. LINKS TO OTHER WEBSITES
Our Site contains links to websites maintained by third parties. ClassicWineSelections does not make nor do we endorse, any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. Access to such websites is undertaken at your own risk.
17. NO WAIVERS
No waiver by ClassicWineSelections of any breach or default or failure to exercise any right allowed under these Terms & Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms & Conditions.
18. HEADINGS
The section headings used herein are for convenience only and shall be of no legal force or effect.
19. SEVERABILITY
If any provision of these Terms & Conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained herein, and the remaining portions of these Terms & Conditions shall continue in full force and effect.
20. CHOICE OF LAW
Any disputes arising out of or related to these Terms & shall be governed by the laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles.
21. CHANGES TO TERMS & CONDITIONS
ClassicWineSelections reserves the right to modify these Terms & Conditions at any time. Users of our Site should periodically review this page for any changes. Changes to these Terms & Conditions will become effective upon their posting on the Site. Such modifications will not affect purchases made prior to the modifications becoming effective. ClassicWineSelections also reserves the right to change or discontinue any aspect or feature of our services or our Site including, but not limited to requirements for access to or use of our Site and/or service.