Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Sovereign Brands, L.L.C.’s (“Company”) website (the “Website”).
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE PRIVACY STATEMENT, AND THE SHIPPING & RETURNS SECTIONS HEREIN. Do not continue to use the Company’s Website if you do not accept all of the terms and conditions stated on these pages (the “Agreement”).
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” “Your”, and “User” refers to you, the person accessing this Website and thereby accepting the Company’s terms and conditions. “Ourselves”, “We”, “Our” “Ourselves” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and Ourselves, or either the Client or Ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated products. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Jurisdiction and Venue
All obligations hereunder, and any disputes arising out of your use of the Website or this Agreement, are subject to the laws of the state of New York, U.S.A., regardless of the location of any user. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A., in all disputes arising out of or relating to this Agreement, the use of this Website or the sale of the Company’s products thru this Website. You agree to waive all rights to trial by jury in any action, suit, or proceeding brought to resolve all disputes arising out of or relating to this Agreement, the use of this Website or the sale of the Company’s products thru this Website.
Limitation of Liability
You agree that you are making use of our Website at your own risk, and that the services provided by the Website are being provided to you on an “AS IS” and As Available” basis. In no event shall we and/or our officers, directors, partners, owners, agents, contractors, and/or representatives be liable to you or anyone else for any direct, indirect, punitive, incidental, special or consequential damages whatsoever, including, without limitation, any damages for loss of use, data or profits, arising out of or in any way connected with our Website, the Agreement, the use or performance of our Website, the delay or inability to use our Website, the provision of or failure to provide wine products or other goods sold on our Website, or for any events, information, software, products, services and related graphics obtained through our Website, or otherwise arising out of the use of our Website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
If you are dissatisfied with any portion of our Website, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Website. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
You agree to defend, indemnify, and hold the Company, its affiliates, employees, officers, and agents (collectively, “Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Indemnified Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the Website; (ii) your use of the Website and your activities in connection with the Website; (iii) your breach or alleged breach of this Agreement; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the Website or your activities in connection with the Website; (v) information or material transmitted through your device used to access the Website, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Company’s use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Company in the defense of any Claim and Losses. Notwithstanding the foregoing, the Company retains the exclusive right to settle, compromise and pay any and all Claims and Losses. The Company reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of the Company.
By utilizing the services from this Website, you are representing that you are acting in a fashion compliant with your local and state laws regarding the purchase, transportation and delivery of wine. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of wine, are legally entitled to take quantities ordered, and are 21 years of age.
The Sale of Alcoholic Beverages
The Company does not sell alcohol to persons under the age of 21. By using this Website you swear and affirm that you are over the age of 21. We make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Website you are acknowledging that the person receiving a shipment of alcoholic beverages purchased on this Website is over the age of 21. You also agree that any alcohol purchased from this Website is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this Website.
Unless otherwise stated, the Company and/or it’s licensors own the intellectual property rights for all material concerning the Company or its products on the Website. Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of the Company, its affiliates, or any third party, and, except as provided in these pages, the exercise of all such IP Rights in the services, products, processes or technologies described in the Website are expressly reserved to the Company, its affiliates, and/or any third party, as applicable. You may view and/or print pages from http://www.lucbelaire.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from http://www.lucbelaire.com
- Sell, rent or sub-license material from http://www.lucbelaire.com
- Reproduce, duplicate or copy material from http://www.lucbelaire.com
- Redistribute content from the Company (unless content is specifically made for redistribution).
- Hyperlinking to our Content
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
– Website Visitors
Like most website operators, the Company may collect non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. The Company’s purpose in collecting non-personally identifying information is to better understand how the Company’s visitors use its Website. From time to time, the Company may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Website.
– Gathering of Personally Identifying Information
Certain visitors to the Company’s Website choose to interact with the Company in ways that require the Company to gather personally identifying information. The amount and type of information that the Company gathers depends on the nature of the interaction.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
– Links to External Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites, products or services.
– Aggregated Statistics
The Company may collect statistics about the behavior of visitors to its Website. The Company may display this information publicly or provide it to others. However, the Company does not disclose your personally identifying information.
To enrich and perfect your online experience, the Company may use “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
Those who engage in transactions with the Company – by purchasing the Company’s products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, the Company collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with the Company. The Company does not disclose personally identifying information other than as described below. And visitors can always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
We reserve the right to disclose your personally identifiable information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial or bankruptcy proceeding, court order, or legal process served on our Website. When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request and to any other third party with your prior consent to do so.
Shipping & Returns
1. By placing an order for wine, you (“Buyer”) warrants that he/she is at least 21 years of age, and that he/she will be responsible for the shipment being received by a person at least 21 years of age.
2. After three attempts to deliver your package, it will be returned to the Company. If the product is returned to the Company after three attempts to deliver to you, the Company may cancel your order and issue you a credit for the purchase price less the original shipping costs and any additional return shipping costs assessed to the Company. Shipping compliance rules also mandate that shipments containing alcohol requires a signature from someone 21 years or older. Accordingly, delivery of wine will have a signature requirement and the signor will need to be able to provide identification proving that he/she is at least 21 years of age. Thus, please track your shipment and plan accordingly.
3. Orders for items other than wine (“goods”) will only have the above requirements when ordered at the same time as wine. All goods and wine must be paid for in full prior to delivery. All goods and wine are sold in California and the title is passed to the Buyer at the time of the sale. All shipping costs, including insurance, are to be paid by the Buyer.
4. By placing an order, Buyer authorizes the Company to act on Buyer’s behalf to engage a common carrier to deliver the order of goods or wine to Buyer.
5. The Company can ship product to many, but not all, states, and the list of such states may change. If we are unable to ship to any particular state, the shipment will not be processed and you will be notified during the check-out phase of this website or prior to any shipment, and if you have been charged, the Company will cancel your order and issue you a credit for the purchase price. In addition, certain states have volume limitations on the amount that may be shipped or sold to any individual. If we are unable to sell or ship due to a volume limitation being exceeded, then the shipment will not be processed and you will be notified, at which time, if you have been charged, the Company will cancel your order and issue you a credit for the purchase price.
6. Buyer is responsible for all applicable excise, use and sales taxes due their state
related to the purchase of any taxable goods or wine.
7. If there are any problems with your shipment let us know immediately. Please contact our customer service at email@example.com with your order number, and we will be more than happy to try to resolve the issue. The Company cannot guarantee the condition of any wine if the wine is not received the first time the shipper attempts delivery.
8. 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. We reserve the right to reject or cancel any order you place with us on the Website and/or or to limit quantities in any such order, without giving any reason or for no reason, if we determine it is in our best interests to do so. If we reject your order or reduce the quantities of any items in your order, we will attempt to notify you using the e-mail and/or billing address you gave us when you placed the order. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.