Terms and Conditions

Welcome to Cave to Cellar™.

Here are general and specific policies defining how Cave to Cellar™ conducts business. Please note that your use of this web site is subject to the policies and procedures detailed in this section, and in the Shipping and privacy/security sections.

If you do not agree with these terms and conditions, please do not access or otherwise use the Cave to Cellar™ website or any content, material, or other information contained or referenced by the site. Use of this site shall be deemed a legal agreement by you to abide by the policies and conditions explained on these web pages.

Cave to Cellar™ will update the terms and conditions, and other policies periodically with or without notice to you. Your continued use of the site indicates legal acceptance of these modifications.

Age Restrictions

By law, Cave to Cellar™ does not sell alcohol to persons under the age of 21.

Use of this site is restricted to persons over the age of 21, so accordingly, in using this site you swear and affirm that you are more than 21 years old. Cave to Cellar™ makes every effort to deliver its wine to persons over the age of 21. By using this site, you are acknowledging that the person receiving the wine is over 21 as well.

If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a minor, Cave to Cellar™ will prosecute you to the fullest extent of the law.

Parental Monitoring

As required by the Communications Decency Act of 1996, Cave to Cellar™ notifies you that parental control protections are commercially available to assist in limiting access to website content that may be harmful to minors. These protections can be purchased in the form of computer hardware, software, or other filtering services. Many companies provide internet block and screening software (WebWatcher, SpyAgent, ContentProtect, and IamBigBrother as several examples). Cave to Cellar™ does not sponsor or endorse any specific companies or products to assist with parental monitoring.

Government Warnings

Pregnancy Warning

According to the surgeon general, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects.

Sale of Alcohol Warnings

No person shall sell or give away any alcoholic beverages to any person under the age of twenty-one years, or to any visibly intoxicated person.

Illegal Underage Purchase of Alcohol

It is a violation punishable under law for any person under the age of twenty-one to present any written evidence of age which is false, fraudulent, or not actually his/her own for the purpose of attempting to purchase any alcoholic beverage.

California Proposition 65 Warning

Consuming foods or beverages that have been kept or served in leaded crystal products or handling products made of leaded crystal will expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm. The materials used as colored decorations on the exterior of some products contain lead and/or cadmium, chemicals known to the State of California to cause birth defects or other reproductive harm.

User Responsibilities and Restrictions

Cave to Cellar™ fully participates with law enforcement agencies in identifying and prosecuting those who use its website and services for illegal activities. We reserve the right to release information about users who we believe are in violation of our content guidelines. We also reserve the right to report to law enforcement agencies any activities we believe to be unlawful.

The user agrees not to intentionally or unintentionally violate any pertinent local, state, or federal laws while using the Cave to Cellar™ website.

The user agrees to not access or tamper with any nonpublic areas of the Cave to Cellar™ website or extended computer system. Unauthorized persons attempting to access or tamper with these areas will be subject to prosecution.

The user agrees to avoid framing or otherwise linking to the Cave to Cellar™ website except as permitted in writing.

The user agrees not to resell any wine purchased from Cave to Cellar™ (unless the purchase is by a licensed wholesaler, and purchased using a special reseller account). All wine purchased from Cave to Cellar™ is intended for personal consumption only.

Title and Ownership of Wine

Wine purchased from Cave to Cellar™ is defined as legally sold in California. The title of the wine, and thus the ownership passes to you, the purchaser, in California. The purchaser then takes all responsibility for the wine and other further shipment and transportation decisions. By arranging for transportation and delivery of the wine, Cave to Cellar™ is providing a service to the purchaser, and acting on the purchaser’s behalf. It is important to note that the buyer is solely responsible for the shipment of his/her wine. All orders are shipped by a properly licensed California wine retailer. By placing a wine order and shipping designation with Cave to Cellar™, the buyer has authorized Cave to Cellar™ to engage a common carrier to deliver his/her order.

Cave to Cellar™ makes no legal representations concerning the buyer’s legal status to ship or receive wine. Cave to Cellar™ further makes no legal assumptions about the buyer’s rights to ship or receive wine into any state or country outside of California. The buyer, on purchase of the wine, takes full responsibility for shipping and receiving the wine into his/her home state. By using the Cave to Cellar™ shipment and delivery services, the buyer is representing that he/she is acting in compliance with his/her local and state laws regarding the purchase, transportation, and delivery of wine. The buyer represents that he/she has obtained all required permissions, paid all required fees, is working through properly licensed intermediaries where required, is legally entitled to take position of wine, is legally entitled to take the quantities ordered, and authorizes that he/she is over 21 years of age and legally allowed to purchase wine.

Sales Tax

We are required by law to collect sales tax for shipments to the following locations:

California — as mandated by location
New Hampshire — 8%

Note that any order delivered to a wine storage facility based in one of those states must be charged the appropriate sales tax.

All sales to out-of-state customers designating delivery by our shipping service will be charged California sales tax because the sale is legally completed at our Warehouse. The shipping service is a separate contract, by the customer, to ship the already sold wine to its owner.

All orders picked up at our warehouse (and not shipped by a licensed carrier) must be charged 8.75% sales tax regardless of where the purchaser lives or where the wine will be taken.

Order Changes

To make any changes to a confirmed order, please contact us immediately by email or by phone at (415) 539-3211 or by form.

We will try to accommodate order changes as requested. It is critical that you change your order as soon as possible so that our warehouse doesn’t ship you the wrong thing. If you change your order too late, the warehouse will not be able to make the change.

Order changes may cause additional charges.

Order Cancellations

Cancellation requests should be made as soon as possible.

To cancel your order, contact us by email or by phone at (415) 539-3211 or by form.

If we are unable to cancel your order because it has already been processed, then the recipient should refuse delivery.

Once the package has been returned to our warehouse, you will get a refund. You will still be charged for shipping and handling, plus an additional fee for the return shipping and handling.

You will also have to pay a 15% restocking fee on your returned order.

Abandoned Orders

We will notify you when your wine order is available for pickup or delivery. If you do not respond to our notifications and/or fail to take delivery of your wine, we reserve the right to charge you storage fees until your wine can be delivered.

After two months of email notifications, we will attempt to contact you by telephone to set up delivery of the wine. If you have not taken delivery of your wine for 6 months from your order date then you will receive a final email notice.

You will then have 15 days from the date of this final notice to arrange with us for the delivery of your wine.

If you fail to respond to this notice, your wine will be returned to our inventory and you will be charged a 50% restocking fee, as well as deductions for any outstanding fees from your balance. The remaining balance will be accounted for as a store credit and will be placed into your Cave to Cellar™ account.

This credit can be used toward any wine purchase and is valid for 6 months from the date of the final notice. If we have still not received any contact from you during these 6 months, then the store credit will be cancelled.

Please understand that you will not receive additional notifications from us after the final email notice. To avoid this abandoned order scenario, we strongly suggest you take personal responsibility for your wine order deliveries.

If you are unable to accept your wine in person upon delivery, please contact us, so that we can arrange an alternate approach to help you to get your wine.

Returns

By law, Cave to Cellar™ can only accept returns on alcoholic beverages (whether opened or not) in the event that the bottle is damaged, corked, or flawed when it is first shipped, and due to circumstances beyond the customer’s control.

If you receive a bottle that is defective in this way, please contact us. You may be entitled to a return and a replacement.

In the event that we are out of stock on the wine you need replaced, we will contact you. You may choose to select store credit, or accept an equivalent bottle of wine to replace the damaged one.

Be advised that Cave to Cellar™ will not replace a bottle unless it is defective due to circumstances beyond the customer’s control (ie it arrives damaged). Cave to Cellar™ will not allow returns due to a customer’s personal taste, a damaged label, wine that is ordered in error, wine that has gone bad due to a customer incorrectly storing or decanting the wine, or wine shipped in inadvisable weather conditions at a customer’s request.

Customers will still be charged shipping and handling expenses on returned items.

Wine Damaged in Shipping

In the unusual situation that our products are damaged during shipping, please contact us within 30 days of purchase. At our discretion we may offer a replacement, a discount, a refund, or an account credit to be used for a later purchase.

Gift Certificates

Gift certificates may be purchased on the Cave to Cellar™ website. After you purchase a gift certificate, we will provide the gift recipient with a special code that, upon checkout, will discount the amount you have gifted.

Minimum amount for gift certificates is $25.

These gift certificate codes can only be redeemed through the Cave to Cellar™ website, and can only be applied toward the purchase of products listed for sale in Cave to Cellar’s™ online catalog.

The gift certificate codes cannot be used to purchase other gift certificates, and cannot be redeemed for cash or cash refunds (except as required by law). The cash value of a gift certificate code is 1/100 of a cent ($0.0001).

Only one gift certificate may be redeemed per order.

Please understand that credit card information is still required as part of the checkout process, even if the gift certificate covers the entire order charge.

If the purchase price of the order that uses the gift code is less than the total amount gifted, then:

the credit card inputted will not be charged
the remaining amount will be placed in the recipient’s gift certificate account. (You may use the code again at a later time to redeem the rest of the gift amount at a later time.)

If the purchase amount is greater than the gift certificate, then the remaining amount must be paid with the credit card used for the transaction.

Gift certificate codes will expire 1 year from the date of initial purchase. This applies to all balances on gift certificate accounts. Cave to Cellar™ will provide information about the status of gift accounts and expiration dates by logging onto the personal member portion of the website.

Gifts of Wine

We also do corporate gifts. Once again, contact us if interested.

Hold Policy

In the event of extreme weather conditions or other specific situations (to be accepted at Cave to Cellar’s™ discretion), a shipping hold may be placed on wine ordered from our inventory. When the condition has lifted, the wine will be shipped to the recipient as per our Shipping and Delivery Policy.

Maximum hold is 6 months.

There is no extra charge associated with holding an order.

Wine Club

Signing up with the wine club is a legally binding contract that commits you to ordering 2, 3, or 4 bottles every month for a minimum of 3 months.

The Wine Club will debit your card for your selected price range, plus tax and shipping, every month, as per the contract.

Cancellation of Wine Club Subscription before the first 3 months shipments and payment is a violation of the contract and will incur a penalty consisting of the customer’s remaining balance for the first 3 months (at the average monthly rate he/she signed up for).

After the first three months, cancellation is free.

After the first 3 months, the Customer is allowed to switch his/her Wine Club Subscription from one option to another, or one price range to another, free of penalty or charge.

Customer is required to contact us if shipping information or credit card information changes. Wine will not be shipped if the credit card is rejected.

Wine Club Shipments will usually be done at the end of the month. The exceptions are November and December, in which wine will be shipped mid-month.

Wine Club shipments will still be subject to our Shipping and Delivery Policy. Privacy for the Wine Club will be consistent with the rules on our Privacy Policy.

Shipping holds may be placed when ordering wine shipments during extreme weather conditions, or sometimes at customer request. Please contact us if you wish to hold a shipment. In the event of weather, we will contact you.

All sales for the Wine Club are final.

Overall rules and policies of the wine club can be found in more detail at the Join Our Wine Club page.

Content Copyright and Trademarks

Any design, arrangement or content of text, graphic, photograph, or trademark used on this website is under copyright and trademark protection. We grant permission for the printing out or electronic copying of content for the sole purpose of using this website to help you shop. Any other use is strictly prohibited.

External Links and Advertising

Cave to Cellar™ may provide external links for your convenience, or may contain advertising. Any external links or advertising is beyond the control of Cave to Cellar™ and we make no representation as to their content. Use or reliance on external links or those provided within advertisements are done at your own risk.

Warranties

Although Cave to Cellar™ endeavors to provide accurate, reliable, and current information on our website, we do not warrant or make any representations regarding the events or the accuracy, reliability, or any use of information on the site.

Cave to Cellar™ does not warrant that your use of the site, or the operation or function of the site, any component thereof, or any software or services offered in connection therewith, will be uninterrupted or error free. Nor does it warrant that defects therewith will be corrected, nor that this site or its server is free of viruses or other harmful elements.

Your use of Cave to Cellar™ 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 this site.

Cave to Cellar™ and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the site. Cave to Cellar™ content is 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.

Disclaimer of Liability

Your use of Cave to Cellar’s™ website is at your own risk, and users must assume full responsibility for all damage, servicing, or use of equipment used to navigate this website. In no event shall Cave to Cellar™ and/or its suppliers be liable for any loss, liability, damage (whether direct, indirect, punitive, incidental, special, or consequential), personal injury or any nature of expense whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected to Cave to Cellar™, which you or any third party (including your company) may suffer arising out of the use or performance of Cave to Cellar™, the delay or inability to use Cave to Cellar’s™ website, the provision of or failure to provide services, or for any events, information, software, products, services and other related graphics obtained through Cave to Cellar’s™ website, or otherwise arising out of the use of cavetocellar.com, whether based on contract, tort, negligence, strict liability or otherwise, even if Cave to Cellar™ or any of its suppliers has been advised of the possibility of damages.

Cave to Cellar™ disclaims any liability relating to personal injuries or expenses as a result of, or which may be attributable, directly or indirectly, to any information this website contains, or you or your company’s personal information and/or material transmitted over our system.

If you are displeased with any part or product of Cave to Cellar™, or with any of the Terms and Conditions presented here, your sole and exclusive remedy is to stop using this website.

Conflict of terms

If you discover a conflict or contradiction between the Terms and Conditions laid out on this page, and any other relevant Terms and Conditions, policies, or notices elsewhere on this website, the other relevant policies or notices which relate specifically to a particular section or module of this site shall prevail in respect to your use of the relevant section or module of this site.

Severability

If any provision of these terms and conditions, or any provision of our policies and notices, is considered to be or becomes unenforceable in any jurisdiction — due to either being void, invalid, illegal, unlawful, or any other reason whatsoever — this provision shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void. However, the remaining provisions of any relevant terms and conditions/policies and notices will still remain in full force and effect.

No Responsibility for Mispriced Products / Modification to Prices

Cave to Cellar™ maintains the right to reprice its products at any time, and will honor only its current prices as listed on the website. Cave to Cellar™ will not necessarily honor old prices listed in a printed brochure, as the brochure may be out of date.

In the event of an obviously mispriced or mislabeled product which occurs due to a clerical error (for example, a $50 wine accidentally costing $0.50), Cave to Cellar™ will not honor the incorrect price, and maintains the right to price the wine correctly. All customers who order under the incorrect price will be contacted and advised of the change.

Force Majeure / Survival

Cave to Cellar™ shall be excused from performance under these Terms and Conditions and all other stated promises if Cave to Cellar™ is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement stated by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Cave to Cellar™.

General Provisions

The terms of service outlined on this page, along with the privacy and shipping policies, comprise the entire agreement between you and Cave to Cellar™. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Cave to Cellar™ shall be null and void. The paragraph headings used in these Terms and Conditions, written in bold typeface, are strictly for ease of reading purposes and have no binding effect. California law 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. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

If you have any questions about these Terms and Conditions, please contact us.

Terms and Conditions were last updated on 10/8/14.