6. Shipping, Delivery & Risk of Loss
6.1 Territory. Company ships Wine only to delivery addresses located within California, Nevada, Oregon, Idaho, Wyoming, Florida, Virginia, and the District of Columbia (the “Territory”). Company will not arrange shipments outside the Territory or to jurisdictions where prohibited or restricted by Applicable Beverage-Alcohol Laws.
6.2 Age Verification; Signature Requirement. All Wine deliveries require the signature of an adult who is at least twenty-one (21) years of age. Member agrees to ensure that a 21+ adult is present to accept and sign for deliveries. Company (and its carriers) may refuse delivery if age verification is not provided, and in such case Member shall bear all associated return, re-shipment, and handling costs.
6.3 Shipping Charges. Unless otherwise specified in writing, Member is responsible for all shipping, handling, insurance, and delivery charges, which will be billed separately from the Member Price.
6.4 Delivery Timeframes. Company requests at least one (1) week advance notice for all Orders. While Company will use good-faith efforts to deliver in accordance with Member’s requested timeframe, all delivery dates are estimates only. Company shall not be liable for delays due to carrier performance, weather, governmental action, supply constraints, or other factors beyond Company’s reasonable control.
6.5 Risk of Loss; Title. Title to Wine and risk of loss passes to Member upon tender of the Wine to the carrier at Company’s (or supplier’s) shipping point. Thereafter, Member assumes all responsibility for the shipment, including responsibility to pursue any claims with the carrier for loss or damage.
6.6 Delivery Failures. If delivery is refused, unclaimed, or otherwise fails due to Member’s act or omission (including absence of an adult 21+ to sign), Member shall be responsible for (a) all return shipping charges, (b) re-shipment fees, and (c) storage or handling costs. Company may assess a reasonable re-shipment fee of up to $25 per package in addition to carrier charges.
6.7 Damage or Defects. Member must notify Company within five (5) days of receipt of any Wine that is visibly damaged, leaking, or otherwise materially defective. Company may, in its discretion, provide a replacement, credit, or refund limited to the purchase price of the affected Wine (exclusive of Membership dues). Company is not obligated to accept returns of opened or partially consumed bottles, or for issues arising from storage or handling after delivery.
6.8 Compliance with Law. Member acknowledges that Wine is shipped in compliance with Applicable Beverage-Alcohol Laws, which may impose limits on quantities or require specific procedures. Member agrees not to circumvent such requirements and remains solely responsible for compliance in their jurisdiction.
8. Refunds, Returns & Substitutions
8.1 Wine Orders – Final Sale. All Wine Orders are final sale once confirmed by Company. Member acknowledges that Wine is a perishable and regulated product that cannot be freely returned once shipped.
8.3 Damaged or Defective Products.
(a) Member must inspect all deliveries upon receipt and notify Company in writing within five (5) days of delivery of any Wine that is visibly damaged, leaking, broken, or otherwise materially defective.
(b) Company’s sole obligation, and Member’s exclusive remedy, shall be replacement of the affected Wine (subject to availability) or, if replacement is not reasonably available, a credit or refund limited to the purchase price of the affected Wine (exclusive of Membership dues, shipping, or taxes).
(c) Company is not obligated to accept returns or provide refunds for opened or partially consumed bottles, or for flaws arising after delivery (e.g., improper storage).
8.4 Shipping Errors. If Company or its carrier delivers incorrect items, Company shall, at its expense, (a) arrange for collection of the incorrect items (if unopened and intact) and (b) ship the correct items as soon as reasonably practicable.
8.5 Unavailable Products; Substitutions.
(a) Company does not guarantee the continued availability of any particular Wine or vintage.
(b) If a Wine ordered by Member becomes unavailable after confirmation, Company may, cancel the affected portion of the Order and issue a refund limited to the Member Price paid.
(c) Substitutions may not be identical to the original product in style, region, or vintage, and Member accepts reasonable variation as an inherent risk of sourcing rare and limited Wines.
8.7 Force Majeure Events. If delivery or performance is prevented or substantially impaired due to events beyond Company’s reasonable control (including weather, natural disaster, strikes, supply shortages, or legal/regulatory changes), Company shall be excused from performance without liability and may provide refunds or credits in its discretion.