Terms and Conditions

UPDATED 3/1/16

This website is owned and operated by Classic Wine Storage LLC, doing business as Classic Wine Storage and Services, Classic Wine Merchants and any other related entities (collectively, "Classic").

THESE TERMS AND CONDITIONS, AS MAY BE MODIFIED FROM TIME TO TIME IN ACCORDANCE WITH SECTION GENERAL LEGAL, PARAGRAPH IV, Modification of Terms, GOVERN USE OF THIS WEBSITE. PLEASE READ ALL TERMS CAREFULLY BEFORE USING THIS WEBSITE, PURCHASING PRODUCTS OR SERVICES FROM CLASSIC. Your use of this website or purchase of any product or service from Classic constitutes acceptance of these Terms by you ("User" or "Customer"). Classic operates several websites and these Terms apply to all websites unless those specific websites contain their own terms of use. IT IS ADVISED THAT YOU READ THESE TERMS PRIOR TO EVERY USE.

Registration

Free registration on this website provides the ability to store frequently used information such as personal information used to speed check-out.

A valid credit card with associated User name, billing address, and phone number is required when making a purchase in the online wine store. User may maintain this information, as well as other information such as shipping addresses, on the associated page of Classic’s site. All personal information provided to Classic will be treated in accordance with the Classic Privacy Policy.

Upon registration, User must provide a working email address and a password. User, or user's authorized representative, must ensure that these remain confidential at all times and agrees that User is solely and entirely responsible for all activities which occur under User email address and password. User must notify Classic immediately if User becomes aware of any unauthorized use of User email address and password. Each User email address and password must be used by a single user and/or User's authorized representative(s) and is not transferable. Classic may suspend or terminate access to an account if it suspects unauthorized or improper use.

User Conduct

As a condition of use of this website, User expressly agrees not to use the website or other Internet services provided by Classic for any purpose that is unlawful or prohibited by these Terms. User agrees to abide by all applicable local, state, national, and international laws and regulations. User agrees that User is solely responsible for all acts or omissions that occur under User's account including the content of transmissions through Classic's service.

Without Classic's prior written consent User may not reproduce, distribute, modify, create or display derivative works based on, repost or otherwise use the content of this website. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right.

User agrees not to:

  • attempt to access this website or any of its content if User is under the legal drinking age of the jurisdiction from which User accesses this website;
  • upload, post or otherwise transmit through or to this website any content that:
  • is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
  • might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
  • contains any computer viruses or any other harmful programs or elements;
  • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website, its computer systems, servers or networks;
  • provide false information about User to Classic, impersonate any other person, or otherwise attempt to mislead others about User's identity or the origin of any content, message or other communication;
  • transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages;
  • collect information about other visitors to Classic website(s) without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
  • sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Classic;
  • redistribute any content, including reviews, provided by Classic in any manner whatsoever including by means of printed publication, fax broadcast, mobile devices, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method;

Classic reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate         governmental request.

Links

Classic has not reviewed all of the sites that are linked to this website and is not responsible for the content of any off-site pages or any other sites linked to this website. User's linking to any other off-site pages or other sites is strictly at User's own risk.

Classic's Right to Terminate

Classic reserves the right to terminate access to Classic services and websites at any time. In such event: 1) User is no longer authorized to access Classic; 2) User will continue to be subject to and bound by all restrictions imposed on User by these Terms; and 3) All licenses granted by User and all disclaimers by Classic and limitations of Classic's liability set out in these Terms or elsewhere on Classic's websites or documentation will survive.

Termination by User

If User is dissatisfied with any portion of the service, or with any of these Terms, User's sole and exclusive remedy is to discontinue using the website. This Agreement is effective until terminated by either party.

Wine Store

Legal Age Requirement

Wines may be purchased and delivered only to a person who is at least 21 years old in the U.S or such other minimum age as is required in non U.S. jurisdictions ("Legal Age"). Customer represents that: (1) Customer is at least of Legal Age; and (2) the person to whom any wine will be delivered is also of Legal Age. At the time of delivery, any domestic U.S. shipment arranged by Classic containing an alcohol beverage product will require the signature of an adult possessing identification proving he or she is at least 21 years old. Further U.S. law requires that no delivery shall be made to a visibly intoxicated person.

Confirmation of Wine Purchases

For wine currently available for purchase, Customer may order online, over the phone, or by sending an email. However, no order shall be considered confirmed until Customer has fully paid by credit card (or made other arrangements) and received an email or other written confirmation.

When Title (Ownership) Passes From Classic to Customer

Title to, and ownership of, all wine passes from seller to buyer in the State of Texas, and buyer takes all responsibility for shipping the wine from Texas to his or her home state. By placing an order, buyer authorizes seller to act on buyers behalf in arranging for transportation of the wine at the buyer's direction. Alternatively, buyer may choose to pick up the wine at seller's location, or make independent shipping arrangements. Sales tax will be applied based on the seller's location. Seller makes no representation as to the legal rights of anyone to ship or import any wines, alcoholic beverages or other goods into any state. The buyer is solely responsible for the shipment of wine and other goods purchased and for determining the legality and the tax/duty consequences of having the wine and other goods shipped to the applicable destination.

Order and Purchase Cancellations

Orders cancelled prior to title passing to Customer will be charged a 20% fee on the value of a cancelled order. If title has already been transferred to Customer (including to Customer's storage account), a purchase is not cancellable.

Pre-arrivals and Futures Purchases

Wine sold by Classic may be offered on a pre-arrivals or futures basis. This means that Classic is not yet in physical possession of the wine at the time it is sold to Customer, even though Classic has a purchase commitment with a supplier that matches its sale to Customer. Most wines normally arrive within a few months of the purchase with some notable exceptions such as newly offered Bordeaux futures which may arrive as much as 2-3 years after they are initially offered. Upon the arrival of the wine and a satisfactory inspection by Classic, Classic will update the order status automatically and trigger an email notification to Customer.

The estimated time for a pre-arrival wine to arrive is displayed on the website when ordering. The time period indicated represents our best estimate based on information provided to us by our suppliers at the time of Classic's purchase or subsequently. Occasionally, the original estimate may be extended based on new information we receive. We understand this can be frustrating but Classic does not control all variables which affect timing of delivery. For example, a producer may defer a release beyond its original anticipated date. Please be assured that delivery of your wine is guaranteed (see our guarantee of pre-arrival delivery). However, Classic shall not be liable for Customer expenses caused by delivery delays (e.g., credit card finance charges) as no promise of delivery by a given date can be made with certainty.

Guarantee of Pre-arrival Delivery

It may occur that a supplier of Classic is unable to deliver the quantity or bottle sizes originally sold to Classic which it has then sold to Customer. From the date such a supplier default is determined, Classic guarantees it will attempt to repurchase the wine from another source (for up to three months) to fulfill its commitment to Customer. If, however, Customer wishes to cancel the order without waiting for a replacement to be found, or Classic is unable to source the wine within 3 months at a total cost equal to or below the original retail price paid by Customer, Classic will refund the original amount paid, including applicable sales taxes (without any cancellation fee applied). This guarantee does not apply to delays in pre-arrival deliveries as expected arrival dates provided at the time of purchase are only Classic's best estimates.

Wine Condition

While Classic shall make a diligent effort (including physical inspection) to assess the condition of any wine it sells, it is not possible to know the complete provenance of every wine, especially older vintages. However, Classic's wine guarantee and returns policy provides you with protection for your purchase.

Price Changes and Availability

All prices associated with wine offers to Customer, whether through the website, email, or other means, are subject to change without notice. Availability of wine is subject to Classic purchased stock or such lesser amount as Classic may decide. Classic is not responsible for typographical errors or technology malfunctions and reserves the right to correct any errors in pricing without penalty to Classic or Customer. Classic also reserves the right to set minimum and maximum purchase quantities and to rescind order which violates such rules without penalty.

Occasionally, computer system issues, human errors, process faults, or other causes result in unintentional offers appearing on our website. Classic reserves the right to correct such unintentional offers and to rescind any orders which may have been placed that are associated with them by refunding the Customer's money. Unintentional offers include, without limitation, offers of wine for sale that Classic does not have in stock or on pre-arrival, offers at incorrect prices and misestimates of pre-arrival dates.

Disclaimers/Limitation of Liability

Customer purchase and use of any product from Classic is at Customer's risk. To the extent fully permitted by law, neither Classic nor any other party involved in creating, producing, or delivering products is liable for any direct, indirect, incidental, consequential or punitive damages arising out of Customer access to, or use of, Classic products or goods purchased through use of Classic's service. Unless expressly granted by these Terms, all goods are sold "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Shipping, Pickup, and Delivery

Interstate Shipping and Alternatives

Due to direct shipping laws and regulations, Classic may be unable to arrange the shipment of wine by Customers to certain states or to prohibited "dry" regions within certain states. The regulations and court decisions affecting the interstate shipment of wine are in constant flux and can change at any time. Therefore, Classic may change the states and regions to which it is able to arrange shipments at any time and without notice to Customers.

Customer may specify an ultimate destination zip code in any state. The Customer is solely responsible for importation of their wine into the jurisdiction of their shipping address and promises and agrees to indemnify, defend and hold Classic harmless from and against any and all claims, liabilities, and expenses (including taxes, interest, penalties, and attorney fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or in connection with: (a) any act by or omission of Customer, their agents or employees, or allegations made upon such acts or omissions, relating to or affecting the wine sold to and shipped on behalf of the Customer by Classic in accordance with these Terms and Conditions; (b) any inaccuracy of any representation made by Customer in connection with the transactions contemplated by these Terms and Conditions; (c) any claims brought or asserted by any third party against Customer for any wine sold by Classic to the Customer and shipped in accordance with the Customer's instructions and per these Terms and Conditions.

Classic makes no representation as to the rights of anyone to import wine into any state outside of Texas. Customer authorizes Classic to act according to Customer's instructions to engage a common carrier to ship Customer wine to destination zip codes where Classic is willing to make such arrangements or to deliver Customer wine to a third party shipper hired and instructed directly by the Customer.

We encourage consumers interested in their freedom to purchase wine from any state to sign up on the consumer mailing list of the Specialty Wine Retailers Association, a trade group that is intent on ensuring consumer access to a national wine market.

International Shipping

Classic ships wine to most countries using various specialized carriers and a copy of the purchase invoice is required to be provided to carriers for use in determining foreign taxes and duties.

Classic charges for air freight but is not involved in the collection of foreign duties, taxes, and surcharges which must be paid separately by Customer to the relevant party before the wine is released to Customer. These charges vary widely around the world, are sometimes onerous (e.g., reaching over 100% of value), and are often based on complex rules. Moreover, certain countries have "sampling" laws where authorities have the right to open a limited number of bottles per item. Failure to pay required duties may also result in confiscation of Customer wine. THEREFORE, ALL COSTS RELATED TO INTERNATIONAL SHIPPING ARE ESTIMATES ONLY (SEE SHIPPING COSTS) AND ARE ALWAYS THE SOLE RESPONSIBILITY OF THE CUSTOMER.

Please note that wine shipped internationally is shipped solely at Customer's own risk. In particular, the precise timing of deliveries (given the need to clear Customs in other countries) and the local storage conditions while awaiting Customs clearance are completely outside of Classic's control. Customers are advised to understand the import requirements for their intended destination country, and make their own arrangements for duties payment, hiring of import brokers or other expenses and services required to ensure the prompt processing of their wine through customs. Classic is not liable for making these arrangements and is not liable for any delays associated with customs or other processing required to import wine into a country.

Shipping Costs

Customer is responsible for all carrier fees, duties, and customs charges incurred in shipping purchases to Customer's desired shipping address. To the extent that Classic provides estimates of shipping, duties, and custom charges, these should be considered to be estimates only. Upon request only, original wooden boxes associated with a purchase (if any) may be shipped separately from bottles by common carrier for an additional fee.Prices of our wines do not include shipping/handling charges, the cost of which varies depending on destination, number of bottles ordered and choice of delivery options

Shipping Responsibility

Care must be taken when shipping wine in adverse weather conditions. High temperatures may cause wine bottles to leak or extreme cold can freeze wine during shipment. Classic offers Standard Shipping and Safe Shipping options (see shipping methods). The latter is designed to protect your wine in transit. By initiating a shipment with Standard Shipping, Customer accepts all responsibility for that shipment through whatever weather conditions may occur during that shipment and agrees that Classic will not be responsible for, and will not replace, wine that is damaged by adverse weather conditions during such shipment.

Exclusion and Limitation of Liability:

EXCEPT WITH RESPECT TO LOSS OR DAMAGE ARISING FROM THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF CLASSIC, ITS AGENTS, REPRESENTATIVES, OR EMPLOYEES, IN NO EVENT SHALL CLASSIC BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, ANY HANDLING, STORAGE, OR TRANSPORTATION OF THE CUSTOMER'S WINE AFTER DELIVERY OF POSSESSION OR CONTROL THEREOF TO Classic OR TO Classic'S AGENTS, REPRESENTATIVES, OR EMPLOYEES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Classic HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. BECAUSE SOME STATES/COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. NOTWITHSTANDING, AND WITHOUT LIMITING, THE FOREGOING, THE TOTAL LIABILITY OF Classic FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO CLASSIC ON ACCOUNT OF THE STORAGE OF THE LOST OR DAMAGED WINE.

Insurance

Customer understands that Classic is not required to carry or maintain insurance coverage for any loss or damage arising from or during Classic's handling, storage, and/or transportation of Customer's wine. Classic makes no representation that it will acquire or maintain any such insurance coverage, or that any such insurance coverage is or will in the future be in effect. Classic has advised Customer to acquire adequate and appropriate insurance for such purposes, and Customer is expected and encouraged to acquire and maintain insurance to indemnify Customer from any losses that may occur with respect to the wine before, during, and after delivery of the wine to Classic for storage and/or sale. Notwithstanding the foregoing, Classic, its agents, representatives, and employees do not recommend any underwriters of such insurance, and the delivery to Classic of any list of available insurance underwriters providing wine insurance coverage does not constitute an endorsement or recommendation of any such insurance providers.

General Legal
Rates
  • Wine prices and service rates are subject to change at any time, as may be posted on our website.
Copyright
  • User should assume that everything seen or read on this website (or other Classic-owned websites), received through related services, or downloaded from Classic servers, is protected by copyright unless otherwise stated and may only be used according to these Terms. Classic does not warrant or represent that User use of materials displayed on this website will not infringe rights of third parties that are not owned by or affiliated with Classic. The use of these materials by User, or anyone else authorized by User, is prohibited unless specifically permitted by these Terms. Any unauthorized use of such materials may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
Trademarks
  • The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Classic, its affiliates and others. User misuse of the Trademarks displayed on this website, or any other use of content displayed on or included as part of the website, except as provided herein, is strictly prohibited. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website without the written permission of Classic or such third party that may own the Trademark.
Release
  • User agrees to release Classic from any liability for any damage, injury or loss, monetary or otherwise that User incurs as a result of either User's or another party's use of Classic website, services, products or third party references, except as expressly described herein. Classic expressly disclaims any liability for any damage, injury or loss, monetary or otherwise, that User incurs through reliance upon the accuracy and completeness of information provided by Classic's website, Classic employees, contractors, third party content providers, licensors or information attendant to or included in any of the services provided by Classic.
Modification of Terms
  • Classic may at any time revise these Terms by updating the same at its website(s). When Classic updates these Terms, Classic will also revise the "Last updated" date and notify User by email that the Terms have changed and what changes were made. User is bound by any such revisions and should therefore review changes highlighted by such notices carefully.
Governing Law
  • This Agreement is governed by and construed in accordance with the laws of the United States of America and the State of Texas without regard to its conflicts of law provisions. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. If User uses this website from other locations, User is responsible for compliance with local laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
  • User hereby agrees that any cause of action arising out of or related to this website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Entire Agreement
  • This Agreement supersedes all prior or contemporaneous terms or conditions, oral or written, between User and Classic with regard to use of this website or Classic services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed.
Disclaimers/Limitation of Liability
  • User use of and any browsing of Classic's website(s) and the related Internet services is at User's risk. To the extent fully permitted by law, neither Classic nor any other party involved in creating, producing, or delivering the website is or shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of User access to, or use of, the website or related services. The material contained in this website may contain inaccuracies and errors. Classic does not guarantee that the functional aspects of the website will be uninterrupted or error-free or that this website or the server that provides them are free of viruses or other harmful components. The website is provided to User "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Notice
  • Any notice given under this Agreement or pursuant to law must be in writing and will be sufficient if personally delivered, sent by regular, certified or registered mail, email or website posting by Classic to this website. Notifications shall be sent to the physical or email address of record for Customer or, if to Classic, to 1890 Bryant Street, Suite 208, San Francisco, CA 94110 or notices@Classic.com. Notice deposited in the mail in the manner hereinabove described shall be effective from and after the expiration of three (3) days after it is so deposited; email and website notifications shall be effective from and after the expiration of twenty four (24) hours.
Privacy and Security of Personal Information
  • This Agreement includes the terms of use of the Classic privacy policy, a copy of which is located here, and which is hereby incorporated by reference. In the event that there is any inconsistency between this Agreement and the privacy policy, these Terms shall take precedence.
  • Classic is committed to safeguarding personal information that is entrusted to Classic. Classic servers are protected by various computer security measures and all personal Customer information is encrypted and transferred through the use of SSL (secure socket layer) protocol. Policies concerning the use and disclosure of any personal information are governed by Classic's privacy policy.