Terms of Service and Conditions of Sale
Welcome to www.website.com, the website for 3 Finger Wine Company. The terms “3 Finger Wine Company,” “www.website.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
General Terms and Conditions
Your use of the 3 Finger Wine Company site is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of the 3 Finger Wine Company site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated by 3 Finger Wine Company at any time and from time to time with or without notice to you. Your continued use of the 3 Finger Wine Company site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that 3 Finger Wine Company and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the 3 Finger Wine Company website may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of 3 Finger Wine Company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 3 Finger Wine Company in writing. The Terms and Conditions, along with the 3 Finger Wine Company Privacy Policy, comprises the entire agreement between you and 3 Finger Wine Company and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of 3 Finger Wine Company. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of 3 Finger Wine Company shall be null and void. These Terms and Conditions will inure to the benefit of 3 Finger Wine Company’ successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Sale of Alcoholic Beverages
Legal Requirements
3 Finger Wine Company 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. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from 3 Finger Wine Company is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from 3 Finger Wine Company is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, 3 Finger Wine Company will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, 3 Finger Wine Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. The billing address will be the address where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information at the time of your order.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, 3 Finger Wine Company shall be held harmless for any such errors. In all cases, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible).
Sales and Shipping
All orders are processed at, and shipped from, our facility in Napa, California. We ship by ground and air using FedEx and GSO (where available) and our shipping prices include packaging materials. Insurance may be available for an additional charge. Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Expedited delivery generally isn’t much more expensive and is more than worth it in order to protect your investment! Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. 3 Finger Wine Company is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment.
All wines are sold in California and title passes to the buyer in California. 3 Finger Wine Company makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California. The buyer is solely responsible for shipment of wines. By placing an order, you are authorizing 3 Finger Wine Company to act on your behalf to engage a common carrier to deliver the items in your order.
Please note that 3 Finger Wine Company may not be able to ship wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. 3 Finger Wine Company will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that 3 Finger Wine Company in its sole discretion believes that such shipment will not subject 3 Finger Wine Company to the risk of any sort of legal action or other harm. If a buyer lives in a state where the direct shipment of wine by 3 Finger Wine Company may violate the law, we will contact the buyer to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility. Please contact 3 Finger Wine Company at info@3fingerwines.com with any questions or concerns you may have regarding our shipping policies.
3 Finger Wine Company will notify you by email when your wines are ready to be shipped. Generally, we will attempt to ship your wines in the Fall shortly after our annual offer is sent and your order is placed. However, please be aware that your order may be delayed until ideal weather and shipping conditions arise to protect your wines. You will be given the opportunity to coordinate the proper shipping address and method with us at that time.
Sales Tax
All wine is sold in the state of California and the title passes to the buyer in California. All purchases shipped to California addresses will be subject to a 7.75% sales tax.
Disclaimer of Warranties
ALTHOUGH 3 Finger Wine Company ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE 3 Finger Wine Company SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE 3 Finger Wine Company SITE. 3 Finger Wine Company DOES NOT WARRANT THAT YOUR USE OF THE 3 Finger Wine Company SITE, OR THE OPERATION OR FUNCTION OF THE 3 Finger Wine Company SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE 3 Finger Wine Company SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. 3 Finger Wine Company AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE 3 Finger Wine Company SITE. THE 3 Finger Wine Company SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL 3 Finger Wine Company AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE 3 Finger Wine Company SITE, THE USE OR PERFORMANCE OF THE 3 Finger Wine Company SITE, THE DELAY OR INABILITY TO USE THE 3 Finger Wine Company SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE 3 Finger Wine Company SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE 3 Finger Wine Company SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 3 Finger Wine Company OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 3 Finger Wine Company SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 3 Finger Wine Company SITE.
Our Guarantee
3 Finger Wine Company strives to provide its customers with the highest quality products and service. Your satisfaction is our first priority. If, for any reason, you are dissatisfied with your order, please contact us within 7 days of the date of your order for customer care assistance. For fastest results, contact us by emailing info@3fingerwines.com. All wine sold by us is maintained at optimum conditions. We consider wine to be out of our control once it has been handed over to the shipper and we cannot be responsible for improper storage after it has been delivered. Therefore, once your wine order has been picked up by the common carrier for delivery, the wine becomes your responsibility. 3 Finger Wine Company is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment. We also cannot accept returns for the following: wines that do not coincide with personal tastes, wines that have been adversely affected by customer’s storage, and wines that have been otherwise damaged as a result of any other adverse condition occurring while the wines were in the customer’s care.
By using this website, you agree to be bound by the Terms and Conditions above. If you have any questions about these Terms and Conditions, please contact us at info@3fingerwines.com.
Last Updated: October 7th, 2011
Originally Posted: October 6th, 2011