Terms & Conditions
Your use of the Pacific Wine Services site 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 the Pacific Wine Services site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. We may update these Terms from time to time. We will post the updated Terms with a new effective date and, for material changes, provide notice by email or site banner. Continued use of the Site after the effective date constitutes acceptance. Where this site offers a checkbox at checkout or account creation, checking that box constitutes your affirmative agreement to these Terms and Conditions.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular 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. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that Pacific Wine Services and its licensors may make improvements and/or changes in 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 are responsible for compliance with applicable local laws, keeping in mind that access to the Pacific Wine Services website may not be legal by certain persons or in certain countries. 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 Pacific Wine Services 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 Pacific Wine Services in writing. The Terms and Conditions, along with the Pacific Wine Services Privacy Policy, comprises the entire agreement between you and Pacific Wine Services and supersede all prior or contemporaneous 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 Pacific Wine Services. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Pacific Wine Services shall be null and void. These Terms and Conditions will inure to the benefit of Pacific Wine Services’ successors, assigns, and licensors. The paragraph headings in these Terms and Conditions are included to help make the agreement easier to read and have no binding effect.
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 Luis Obispo 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. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Sale of Alcoholic Beverages
Legal Requirements
Pacific Wine Services does not sell alcohol to persons under the age of 21 and 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 affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from Pacific Wine Services is over the age of 21 and 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 Pacific Wine Services 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 we suspect that you have misrepresented your age, we will refuse or cancel the order and may report the matter to, and cooperate with, law enforcement. As required by the Communications Decency Act of 1996, Pacific Wine Services 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.
Direct-to-Consumer Shipping
Pacific Wine Services ships alcoholic beverages only to addresses in states where it holds the required direct-to-consumer shipping permits or licenses. Orders are void where prohibited. Pacific Wine Services collects and remits applicable state and local taxes on alcohol shipments as required by law. All shipments containing alcoholic beverages require the signature of a person 21 years of age or older who is not intoxicated at the time of delivery; packages will not be left without an eligible adult signature.
Credit Card Charges
Orders are by credit card only. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, Pacific Wine Services shall be held harmless for any such errors. In all cases, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible).
Warnings
DRINK RESPONSIBLY: Excessive or irresponsible consumption of alcohol may have personal, social, or health consequences. Pacific Wine Services is committed to the responsible marketing and promotion of its products.
CALIFORNIA PROPOSITION 65 WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.
GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery and may cause health problems.
Disclaimer of Warranties
Although Pacific Wine Services endeavors to provide current, accurate and reliable information on the Pacific Wine Services site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on the Pacific Wine Services site. Pacific Wine Services does not warrant that your use of the Pacific Wine Services site, or the operation or function of the Pacific Wine Services 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 Pacific Wine Services 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. Pacific Wine Services and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Pacific Wine Services site. The Pacific Wine Services 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
To the extent permitted by applicable law, in no event shall Pacific Wine Services 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 Pacific Wine Services site, the use or performance of the Pacific Wine Services site, the delay or inability to use the Pacific Wine Services site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the Pacific Wine Services site, or otherwise arising out of the use of the Pacific Wine Services site, except where such damages arise from Pacific Wine Services’s gross negligence or willful misconduct, whether based on contract, tort, negligence, strict liability or otherwise, even if Pacific Wine Services or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Pacific Wine Services site, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Pacific Wine Services site. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations or exclusions may not apply to you.
Our Guarantee
Pacific Wine Services strives to provide its customers with the highest quality products and service. Your satisfaction is our first priority. If, for any reason, you are dissatisfied with your order, please contact us within 7 days of the date of your order for customer care assistance. For fastest results, contact us by emailing info@pacificwineservices.com. All wine sold by us is maintained at optimum conditions. We consider wine to be out of our control once it has been handed over to the shipper and we cannot be responsible for improper storage after it has been delivered. Therefore, once your wine order has been picked up by the common carrier for delivery, the wine becomes your responsibility. Pacific Wine Services is not responsible for, and will not replace wine or products that are damaged by extreme weather conditions during shipment. We also cannot accept returns for the following: wines or products that do not coincide with personal tastes, wines or products that have been adversely affected by customer’s storage, and wines or products that have been otherwise damaged as a result of any other adverse condition occurring while the wines were in the customer’s care. Any approved refunds or returns are subject to applicable state law and the terms of our state licenses and federal permits.
By using this website, you agree to be bound by the Terms and Conditions above. If you have any questions about these Terms and Conditions, please contact us at info@pacificwineservices.com.