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Terms & Conditions

Terms & Conditions of Service

Welcome to etchedwine.com ("Web Site"). We are part of Celebration Cellars, LLC which includes Miramonte Winery™, etchedwine.com™, and Zozi @ Home™.

Please take a few minutes to review these Terms and Conditions. These Terms and Conditions apply to your access and use of the Web Site and our mobile applications. Your use of our Web Site or our mobile application constitutes your agreement to follow these Terms and Conditions and to be bound by them. If you do not agree to these terms of use, please leave this site now.

These Terms & Conditions May Change

Celebration Cellars, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.

Shipping & Processing Fees

Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you.

User Obligations

You agree not to do any of the following while using the Celebration Cellars, LLC Web Site:

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the Celebration Cellars, LLC Site or Celebration Cellars, LLC's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Celebration Cellars, LLC Site except as permitted in writing by Celebration Cellars, LLC.

The Sale of Alcoholic Beverages

Celebration Cellars, LLC does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Celebration Cellars, LLC 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 are acknowledging that the person receiving a shipment of alcoholic beverages from Celebration Cellars, LLC is over the age of 21. You also agree that any alcohol purchased from Celebration Cellars, LLC 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 Celebration Cellars, LLC will prosecute you fully to the extent allowable by law.

Title and Ownership

Title to, and ownership of, all wine passes from Celebration Cellars, LLC to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Celebration Cellars, LLC is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Celebration Cellars, LLC, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Celebration Cellars, LLC Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Celebration Cellars, LLC. Celebration Cellars, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Celebration Cellars, LLC Site by anyone other than authorized Celebration Cellars, LLC employees acting in their official capacities.

Parental Control Protections

As required by the Communications Decency Act of 1996, Celebration Cellars, LLC 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. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Celebration Cellars, LLC does not sponsor or endorse any of these companies or their services.

User Comments

We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Celebration Cellars, LLC. Your submission of any such Comments shall constitute an assignment to Celebration Cellars, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Celebration Cellars, LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Hyperlinks to other Web Sites

To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Celebration Cellars, LLC does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Disclaimer of Warranties

ALTHOUGH CELEBRATION CELLARS, LLC ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE CELEBRATION CELLARS, LLC SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE CELEBRATION CELLARS, LLC SITE. CELEBRATION CELLARS, LLC DOES NOT WARRANT THAT YOUR USE OF THE CELEBRATION CELLARS, LLC SITE, OR THE OPERATION OR FUNCTION OF THE CELEBRATION CELLARS, LLC 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 CELEBRATION CELLARS, LLC 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. CELEBRATION CELLARS, LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CELEBRATION CELLARS, LLC SITE. THE CELEBRATION CELLARS, LLC 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 CELEBRATION CELLARS, LLC 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 CELEBRATION CELLARS, LLC SITE, THE USE OR PERFORMANCE OF THE CELEBRATION CELLARS, LLC SITE, THE DELAY OR INABILITY TO USE THE CELEBRATION CELLARS, LLC SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CELEBRATION CELLARS, LLC SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CELEBRATION CELLARS, LLC SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CELEBRATION CELLARS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CELEBRATION CELLARS, LLC SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CELEBRATION CELLARS, LLC SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS CELEBRATION CELLARS, LLC'S LIABILITY OR YOUR REMEDIES.

Product Pricing Information

The prices displayed on our Web Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. If you are in the U.S. or Canada Web Site prices will be displayed in U.S. Dollars. Elsewhere Web Site prices will generally be displayed in the local currency. The prices displayed in our printed catalogs are quoted in U.S. Dollars and are valid and effective only in the U.S.

For full–price products, "Suggested Price" or "Sugg. Price" refers to the manufacturers' suggested retail price. "Our Price" refers to the everyday value price we offer to our customers. For sale products (identified by pricing in red), "Suggested Price" or "Sugg. Price" refers to the most recent selling price. "Sale" refers to the reduced price we are offering to our customers.

Special Offers

Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

Modifications to Prices or Billing Terms

CELEBRATION CELLARS, LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Force Majeure

Celebration Cellars, LLC shall be excused from performance under this Terms of Service if Celebration Cellars, LLC is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service 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 Celebration Cellars, LLC.

Survival

The following provisions shall survive any termination of these Terms of Service: No Warranty from Celebration Cellars, LLC, Limitation of Liability, Indemnity and General Provisions.

General Provisions

You agree that Celebration Cellars, LLC and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, 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 Celebration Cellars, LLC Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service 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 Celebration Cellars, LLC to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Celebration Cellars, LLC in writing. The Terms of Service, along with the Celebration Cellars, LLC Privacy Policy, comprises the entire agreement between you and Celebration Cellars, LLC and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Celebration Cellars, LLC. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Celebration Cellars, LLC shall be null and void. These Terms of Service will inure to the benefit of Celebration Cellars, LLC's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read 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 Riverside 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 of Service, please contact us directly.

Inaccuracy Disclaimer

From time to time there may be information on our Web Site or in a catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Celebration Cellars, LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Any action relating to the use of the Web Site, catalogs or any transaction with Celebration Cellars, LLC must be brought in the state or federal courts located in the County of Riverside, California.

Last Updated: September 2019

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