Belmont Wine Exchange sells wine subject to the following terms and conditions. By placing an order with Belmont Wine Exchange, the buyer agrees to the following:
Shipping
Terms - You must be 21 years of age to purchase alcoholic
beverages. A street address is required
for all shipments (we cannot ship to PO boxes).
Shipping
Limitations – Under current law, we may not be able to ship to
certain states.
Shipping
Containers
- Our system will calculate your shipping charges. We will email or call you with any shipping
charge adjustments for your approval.
There is no charge for Styrofoam shipping containers.
Notice
- Title to all wine passes to the buyer in California. We make no representation to the legal rights
of anyone to ship or import any wines into any state outside of California. The buyer is solely responsible for shipment
of wines. By placing an order, you
authorize us to act on your behalf to engage a common carrier to deliver your
order to you. Alcoholic beverages may be
sold and delivered only to persons who are at least 21 years old. In placing your order, you represent to us
that you are at least 21 years old and the person to whom delivery will be made
is at least 21 years old. When your wine
is delivered, ID will be required.
Sales
Tax - An 7.5% sales tax applies to all purchases shipped
within California and delivered by common carrier.
Prices,
Quantities, and Shipping Charges
- Prices
are subject to change without notice.
- All
listed prices do not include shipping, insurance charges, or sales tax (if
applicable).
There may be errors/omissions in Belmont Wine
Exchange’s listed prices. We reserve the
right to adjust listed prices at our discretion, without prior notice. The listing of a price for any wine on this
Web site is not an offer to sell that wine, but rather is a solicitation for an
offer from you, the consumer, to purchase that particular wine. A contract regarding
that particular wine is not formed until Belmont Wine Exchange accepts your
offer to purchase same.
Quality Statement
Belmont Wine Exchange states that wine is in excellent condition, or the condition that is stated in its offer, at the time of delivery if it is shipped by the method recommended by Belmont Wine Exchange, and is accepted on the first delivery attempt. All bottles are hand inspected for condition before receipt into our warehouse.
If you receive a bottle of wine for which the condition is not excellent, or does not match the description at time of purchase, please notify us at sales@belmontwine.com within 15 days.
Belmont Wine Exchange cannot accept return of any bottle of wine that has been opened or altered, nor any bottle of wine that has been out of its possession for more than 6 months.
Excellent condition refers to the contents within the bottle, and is based on the age of the wine. Cosmetic imperfections, such as nicks or marks on the label or capsule, do not count against excellent condition.
All bottles are hand inspected for excellent condition before receipt into our warehouse. We at Belmont Wine Exchange endeavor to describe each bottle as accurately as possible to inform the customer of any possible factors that might affect its drinkability. However, please note that certain spoilage mechanisms are undetectable, as wine is a living product.
Photos of wines you are considering for purchase are available upon request.
We work hard to provide excellent service in all aspects of our operation. If you believe an error has occurred with your purchase, please contact us as soon as posslble at sales@belmontwine.com and we will attempt to rectify it or reach an amicable arrangement. Our maximum liability under any circumstances is limited to the purchase price of the wine.
Storage
- All of our wines are stored at our state-of-the-art
wine storage facility in Hayward, California. We are diligent in seeking out the provenance
of older wines and will provide a description of the physical appearance of any
bottle that is not normal for its age.
However, Belmont Wine Exchange is interested in treating its customers
fairly. Any issues that may arise with
respect to the condition of wines sold by us will be dealt with on an
individual basis.
Age
Requirement - We sell only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing, we will
not sell to minors. By placing an order
with Belmont Wine Exchange, whether on our website, over the phone or in
person, you certify under penalty of perjury that you and the recipient are at
least 21 years old. Belmont Wine
Exchange may refuse our services (such as, but not limited to listings, chat,
buying, and bidding) to anyone at any time, in our sole discretion.
Individuals must be at least 21 years of age if you reside in the United States
or of legal drinking age in their country of residence.
General
- This Agreement shall be governed in all respects by
the laws of the State of California
as such laws are applied to agreements entered into and to be performed
entirely within California
between California
residents. We do not guarantee continuous, uninterrupted or secure access to
our services, and operation of our site may be interfered with by numerous
factors outside of our control. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. You agree that this
Agreement and all incorporated agreements may be automatically assigned by
Belmont Wine Exchange, in our sole discretion, to a third party in the event of
a merger or acquisition. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between us with respect to
the subject matter hereof.
Privacy
Policy - We
do not sell or otherwise share any customer information with other
companies. Internally we take
significant precautions to prevent the unauthorized examination or use of
information you transmit to us.
Payment
Terms - No order is shipped until all
expenses related to the invoice have been paid. We accept wire
transfers, Visa, MasterCard, American Express, PayPal and Discover.
Disclaimer
(website) - THIS
SITE IS PROVIDED BY BELMONT WINE EXCHANGE ON AN "AS IS" BASIS. BELMONT WINE EXCHANGE
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BELMONT WINE EXCHANGE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BELMONT WINE EXCHANGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF BELMONT WINE EXCHANGE
OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL
BELMONT WINE EXCHANGE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED
TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY FOR
ACCESSING THIS OR ANY OTHER BELMONT WINE EXCHANGE SITE.