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
Your use of this website is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of this website constitutes your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated at any time and from time to time with or without notice to you. Your continued use of this website following any such change shall be deemed to confirm your acceptance of any modifications to these Terms and Conditions.
The information contained in this website is for general information and use only. Neither Vintage Berkeley LLC nor any third parties provides any warranty or guarantee of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or graphics contained on the website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is therefore strictly at your own risk, for which we shall not be liable.
It is your responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that our company and its agents may make improvements and/or changes to the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You also acknowledge that you are responsible for compliance with all applicable local laws.
The Terms and Conditions comprise the entire agreement between you and us and supersede all prior or concurrent negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of our company. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Vintage Berkeley LLC shall be null and void. These Terms and Conditions will inure to the benefit of our company’s successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
If any provision of these Terms and Conditions 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 our company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by our company in writing.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.
This website contains material which is owned by or licensed to us, including but not limited to, the design, layout, look, appearance and graphics on the website. Reproduction of this material is prohibited without our prior written consent. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
This website also contains trademarks, service marks and trade names which are owned by Vintage Berkeley LLC.Unless authorized in writing, our trademarks may not be used by you in any manner that is contrary to law, is likely to cause confusion among customers, or may disparage our company.
Third Party Content and Monitoring Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Vintage Berkeley LLC. Vintage Berkeley neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made by third parties, and you agree to release and hold harmless our company, it officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any third-party content or any claim you have against any such third parties.
Links Solano Cellars may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to our site. If you access third party websites, you do so at your own risk. We are not responsible for and do not endorse any third-party content or services. Third party websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association with any website, its operators, or any third party providers, products, services, opinions, or websites accessed through the Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Electronic Communications
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 and our partner businesses 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.
Account Management
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.
Payment Methods
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.
Intentionally or unintentionally violate any applicable law or regulation.
Access or misuse non-public areas of our site or computer systems. Unauthorized individuals attempting to access or tamper with these areas are subject to prosecution.
Access our site with any manual or automated process for any purpose other than to purchase products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from www.solanocellars.com Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
Utilize screen shots, [frame], or link to our site without express written permission from Vintage Berkeley LLC.
The Sale of Alcoholic Beverages
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.
As part of our commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind.
Title and Ownership
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.
Pricing
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.
Errors and Omissions
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.
Return Policy
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.
To initiate the return process, please contact our customer service team at mail@solanocellars.com. Once this request has been received, our team will advise you how to proceed and the documentation required to process your request.
Before returning any products, please make sure that all of the following conditions have been correctly satisfied. The product you wish to return must be:
Sent in its original packaging and in one single shipment; products that belong to the same order must be returned at the same time;
Sealed utilizing their original cork to allow for return shipping without compromising the content; with damaged bottles containing at least half of their contents; and
Shipped back to our store within seven (7) days of the delivery date;
We will not issue any refunds for returns that do not satisfy all of the conditions indicated above, nor for any products designated on this site as non-returnable.
Please note that Solano Cellars cannot guarantee the condition of any order if the wine is not received the first time the shipper attempts delivery. Solano Cellars is likewise not responsible for any damages that occur during transport if the customer declines to delay shipping in the event of heat, extreme cold, or other inclement weather, against advice of our staff.
Refund Policy Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. Refunds are typically processed within three (3) business days of our receipt of your merchandise. Refund amounts will be credited to the payment method used to make the original purchase. If you paid by credit card, refund times will depend on the credit or debit card company’s policies.
Copyright
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.
Except as stated herein, none of these materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Vintage Berkeley LLC. No part of the website, including logos, graphics, sounds or images, may reproduced or re-transmitted in any way, or by any means, without the prior express written permission of Vintage Berkeley LLC. Nothing on this site shall be construed as conferring any license under any of Vintage Berkeley LLC’s or any third party provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
TRADEMARKS
The Solano Cellars logo is a registered trademark of Vintage Berkeley LLC.
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.
Limitation of Liability
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.
Dispute Resolution; Arbitration Provision
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.
This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration and constitutes a waiver of your right to have your dispute resolved by a jury or in any other forum.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. If any portion of this Arbitration Provision, or the rules of the Judicial Arbitration Mediation Service or American Arbitration Association, are determined by the Arbitrator or by any court of competent jurisdiction to be unlawful, invalid or unenforceable, such portions shall be severed or modified so that this Arbitration Provision may be enforced to the greatest extent permissible under the law.
Indemnification
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.
Force Majeure; Changes in Law
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 mail@solanocellars.com.