Terms & Conditions
By using the Internet sites of Wainscott Main Wine & Spirits LLC (hereinafter referred to as "WMW&S") you agree to these terms and conditions. These terms and conditions are subject to change at any time. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WMW&S SITE OR ANY OTHER INFORMATION OR MATERIALS CONTAINED THEREIN.
By placing an order for wine or spirits, you warrant that you are 21 years of age or older and that your order will be received by someone 21 years of age or older. Adult signatures are required for all deliveries.
We make no warranty about the products being sold, except that legal title passes to buyer in New York effective upon arrival of your credit card charge or receipt of your check. This contract is entered into in New York and shall be enforceable there under the laws of New York State.
If you would like your wine delivered or shipped to you we will contract with a third party carrier on your behalf to ship; by requesting delivery of your order you authorize us to do so. We are not responsible for any breakage or damage of wine by the carrier and you are responsible for all insurance as well as shipping costs. We make no representations as to your legal rights to ship or import wine from New York or into any other state; you are solely responsible for complying with all applicable laws, obtaining all necessary license or permits, and paying all tax or other amounts due. WE ONLY SHIP to the following states: AK, CA, DC, ID, LA, MS, NE, NV, NM, ND, OR, VA, WV, WY.
For in stock wines, we'll arrange for you to take possession of your wine as soon as possible, scheduling your delivery at the time of purchase. When wines are offered as pre-arrivals, we have purchased the wine but have not taken delivery of it yet. Please note: payment is due on pre-arrival and en primeur wines at the time of purchase. All wines are stored and transported in temperature-controlled spaces. For this reason, we will delay the shipment of any and all orders if we feel the season or temperature is unsafe. We want you to receive your wine perfect, and undamaged by temperature swings.
While we guarantee the delivery of pre-arrival wines, many factors in the arrival of goods from Europe, and their delivery to our shop, are beyond our control. We do the best we can to estimate the expected arrival times of your wine, but often, we cannot guarantee any specific arrival dates at the time of purchase. Please keep in mind, delays can arise unexpectedly and we are occasionally given inaccurate and/or incomplete information by our shipping agent. If at any time you feel you need to cancel your pre-arrival order, you may do so. We will refund you the original purchase price less a 15% cancellation fee.
No order is complete until paid for in full.
If there is a problem with your purchase, please contact us within 10 days of your purchase date via email at firstname.lastname@example.org. We take enormous pride in our customer service and would like the opportunity to correct the situation. Due to the natural variability of aged wines over time, all bottles ten years or older are purchased at the buyer's risk.
Use of this site
Use of the Internet sites of WMW&S is for lawful informational and shopping purposes only. You may not harm, directly or indirectly, the sites in any way or otherwise use the sites in any criminal or unintended manner. Unauthorized individuals attempting to access or tamper with any aspect of WMW&S's sites or their operation may be subject to prosecution.
Upon registering with WMW&S's sites you warrant that the information provided to us is true, accurate, and complete as directed by the registration form. If you provide any information that is inaccurate, untrue, incomplete or suspicious, we reserve the right to terminate your account and refuse any and all current and future use of our sites.
You are responsible for maintaining the confidentiality of the password and account that you create upon completion of the registration process. You are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this agreement.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL WE BE RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THESE SITES OR THEIR CONTENTS.
THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WEBSITES OR RESOURCES. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU AGREE THAT WE SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
You agree to indemnify, defend, and hold WAINSCOTT MAIN WINE & SPIRITS LLC, its owners, agents, affiliates, officers and employees, harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees and costs, resulting from any violation of this agreement by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Modifications and Interruption to Service
You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Copyright and Trademark Information
All content included or available on WMW&S's sites, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2015 WAINSCOTT MAIN WINE & SPIRITS, with all rights reserved, or is the property of Wainscott Main Wine & Spirits and/or third parties protected by US and international copyright and intellectual property laws. Any use of materials on the websites, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Wainscott Main Wine & Spirits is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of Wainscott Main Wine & Spirits. Wainscott Main Wine & Spirits, P.O. BOX 695, WAINSCOTT, N.Y. 11975