Terms and Conditions
Welcome to www.solanocellars.com, the website for Solano Cellars, a wholly-owned subsidiary of Vintage Berkeley LLC (“Vintage Berkeley”). The terms “Solano Cellars,” “Vintage Berkeley”, “www.solanocellars.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
GENERAL TERMS AND CONDITIONS
When you visit www.solanocellars.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
All payments on out site must be made via credit card. We accept the following types of credit cards: Visa, MasterCard, American Express and Discover. The billing address for any credit card provided with your order must match the address on your credit card statement.
You agree not to engage in any of the following while using www.solanocellars.com:
We do not sell alcohol to individuals under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone under the age of 21, including the requirement of an adult signature at delivery for all orders. By using our site, you affirm that you are 21 years of age or older and that the person placing the order and receiving a shipment of alcoholic beverages from us is 21 years or older. You acknowledge that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with any of these conditions of use, 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, we will prosecute you fully to the extent allowable by law.
Title to, and ownership of, all wine passes from Vintage Berkeley LLC to the purchaser within the State of California. Vintage Berkeley LLC makes no representation as to the legal rights of any user to transport or import alcoholic beverages, or any goods for that matter, into any state in the US. The buyer is solely responsible for the shipment of all beverages or goods purchased, and for determining the legality and the tax or duty consequences of having these goods shipped to the applicable destination. By placing an order, buyer authorizes seller to act on buyer’s behalf in arranging for transport of wine at the buyer’s direction. By utilizing this service, the purchaser is representing that he or she is acting in a compliant manner with his or her local and/or state laws regarding the transportation and delivery of wine. The purchaser warrants the following: that he or she has obtained all required permissions and paid all required fees for their order, has chosen to work through licensed intermediaries if required, is legally entitled to take possession of alcoholic beverages in the quantity ordered, and that he or she is 21 years of age or older.
Except where otherwise noted, the “List Price” for products displayed on our site represents the full retail price for that product based on any or all of the following methodologies: pricing suggested by the producer or supplier [“MSRP”]; estimates in accordance with standard practice based on traditional industry markups from wholesale pricing; and empirical retail costs for the product based on third party sites, with sites referenced for comparison where possible. In all instances, the List Price is a comparative estimate and may or may not represent the current price in every area on any particular day. Prices are subject to change without notice and do not include sales tax.
Solano Cellars shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price or containing any other incorrect information or typographical errors. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. 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 and in a timely fashion.
All orders placed on www.solanocellars.com or by phone with our staff are considered special orders and cannot be returned. We do not accept returns except in instances where we have shipped an item different from what was originally ordered or if the item was damaged during transport.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of this site's owner or its content/software suppliers and protected by United States and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.
The Solano Cellars logo is a registered trademark of Vintage Berkeley LLC.
© 2022 Vintage Berkeley LLC; all rights reserved.
ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON OUR WEBSITE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS WEBSITE. WE DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE, OR THE OPERATION OR FUNCTION OF THIS WEBSITE, 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 THIS WEBSITE 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. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS WEBSITE. THIS WEBSITE 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.
VINTAGE BERKELEY LLC AND/OR OUR SUPPLIERS SHALL NOT 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 THIS WEBSITE, THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST VINTAGE BERKELEY LLC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD VINTAGE BERKELEY LLC HARMLESS FROM, AND YOU COVENANT NOT TO SUE VINTAGE BERKELEY LLC FOR, ANY CLAIMS BASED ON USING THE WEBSITE.
In the event of any claim or dispute between you and Vintage Berkeley LLC, related to your use of this site, your purchase of goods or services on our site, or any representations or statements made by our company, whether such claim arises out of statute, contract or tort, the claim or dispute shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party. All such claims may only be brought on an individual basis, and not by way of class, collective, or representative action. Such disputes include, without limitation, those disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision.
The parties shall agree on a single Arbitrator to resolve the dispute. The matter may be arbitrated either by the Judicial Arbitration Mediation Service or American Arbitration Association as selected by the party filing the claim. The arbitration shall be conducted in California at the U.S. District Court in San Francisco. Any decision of the arbitrator shall be final and may be entered as a judgment in any court of competent jurisdiction. Unless the law requires otherwise, the parties will share equally in the cost of arbitration and each party shall bear its own attorneys’ fees and costs.
You agree to defend, indemnify, release and hold harmless Vintage Berkeley LLC, its officers, employees, and agents from and against any loss (including attorneys’ fees), damage, injury, liability, demands and claims made by any third party due to or arising out of your use of this website, or the purchase of any services or products, or any breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event of a force majeure or other action outside of our control that prevents or delays performance of any act required, we shall be excused from such performance. In addition, Vintage Berkeley LLC shall be excused from performance in the event of any change in law which prevents such performance or makes such performance impossible or unreasonably costly or difficult.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.
Last Updated: June 2022.