PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS.
All users of the NYC Wine Web site must be at least 21 years of age.
By placing an order for wine, the Purchaser represents that they are at least 21 years of age, and that they will be responsible for the shipment of this wine being received by a person at least 21 years of age.
By using any part of the NYC Wine Web site you agree not to use the Web site in any way that is unlawful.
Delivery must be accepted by a person, at least 21 years old, willing to sign and accept delivery. If no person is willing to accept delivery, who is at least 21 years old, you will be charged a delivery fee of $29.95 and a restocking fee equal to 15% of the order total.
Delivery must be accepted by a person, at least 21 years old who is not visibly intoxicated, or in any other way not allowed by the State of New York or the governing State of your location to be served alcohol. If no person is able to accept delivery for any reason, legal or otherwise, you will be charged a delivery fee of $29.95 and a restocking fee equal to 15% of the order total.
NYC Wine grants you a limited license to access and make personal use of this website. You must be 21 and register with this Web site to order or purchase anything from this Web site.
The limited license does not grant you the right to download (other than page caching) or modify this Web site, or any portion of it, except with our express written consent. This Web site may be used solely for the purposes of shopping on this website or for placing an order on this Web site and this license does not include any resale or commercial use of this Web site or its contents. This Web site or any portion of this Web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NYC Wine or Metropolitan Vintners. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NYC Wine and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing NYC Wine’s name or trademarks without the express written consent of NYC Wine or Metropolitan Vintners. Any unauthorized use terminates the permission or license granted to use this website. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home pages of NYCWine.com so long as the link does not portray NYC Wine Web sites, its parents or affiliates or their products and services, in a false, misleading or derogatory, or otherwise offensive manner. You may not use the NYC Wine or Metropolitan trademarks or any other proprietary graphic or trademark as part of the link without express written permission.
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NYC Wine does NOT sell products for minors. All purchases must be made by an adult over 21 years old, and delivery must be received by a person at least 21 years old. NYC Wine and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
NYC Wine and Metropolitan Vintners makes no warranty, expressed or implied, about the wine being sold through its Web site. Specifically, because wine is naturally subject to change in the bottle over time, and because it is a common occurrence for a wine to become “corked”, NYC Wine makes no guaranty or warranty as to the quality or taste of the wine sold through NYC Wine.
NYC Wine does not own or control any wine or other alcoholic beverage, and as such we are not responsible for controlling the delivery and acceptance of any wine or alcoholic beverage ordered through this Web site.
NYC Wine and Metropolitan Vintners provides all materials available at this site “as is,” and makes no warranties including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
In no event will NYC Wine, Metropolitan Vintners or other third parties mentioned at this Web site be liable for any damages whatsoever, including, without limitation, those resulting from lost profits, lost data or business interruption, arising out of the use or inability to use this Web site or any Web site linked to this site, and any product associated or purchased through this Web site. By using this Web site you agree that NYC Wine and Metropolitan Vintners shall not be held liable for damages based on warranty, contract, tort or any other legal theory.
NYC Wine is not responsible for the failure to make delivery of an order. In the event that a purchaser does not receive delivery of their order their sole recourse shall be with the store where the order was placed. In the event that the purchase is made using the NYC Wine Web site, and, specifically, its PayPal account, then NYC Wine, in the event an order is not delivered, may, at our discretion , provide a refund limited to the amount charged to the purchaser.
By using this Web site, buyers and sellers of wine agree to follow all laws pertaining to the sale and delivery of alcoholic beverages of the area where they are located.
By using this Web site all users acknowledge that NYC Wine will not be responsible for any liability arising out of a transaction conducted on this Web site between a purchaser and a NYC Wine partner store. And NYC Wine will in no way be responsible for the illegal actions of users of this Web site.
By using this Web site all users agree that the sole and exclusive maximum liability to NYC Wine arising from any item sold through this website shall be the price of the product ordered. In no event shall NYC Wine, Metropolitan Vintners, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to any item sold.
By requesting that your wine be shipped to you, you are authorizing NYC Wine or any of our partner stores to engage a common carrier to deliver your wine on your behalf. NYC Wine is not responsible for any breakage or damage of wine by said common carrier. We make no representation to the legal rights of any person to ship or import wines. You, the buyer, are solely responsible for shipment of alcoholic beverage products and assume all obligations for compliance with your State's laws.
NYC Wine is not responsible for the actions or legal status of stores that sell their products through our Web site.
This contract is entered into in New York and shall be enforceable there under the laws of that State.
All shipping costs, including insurance, are to be paid by the Buyer. New York sales tax is payable on all taxable goods delivered in New York. Sales tax will be charged where applicable.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed over one-thousand U.S. dollars ($1,000) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance policies. We may at our sole discretion require additional verification or information before accepting any order.
We attempt to be as accurate as possible. However, except for the general product description for each item (the "Title Description"), NYC Wine makes no representation or warranties that product descriptions contained on the website are accurate, complete, reliable, current or error-free. If a product offered on our website is not as described in the Title Description, your sole remedy is to return it for an exchange, credit or refund, in accordance with our return policy. In the event that an item is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we shall have the right to refuse or cancel any orders placed for items listed at the incorrect price. All prices listed are in United States dollars, unless otherwise specifically stated. 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 or check or money order cashed. If your credit card has already been charged through our Web site, for any purchase and your order is cancelled by NYC Wine or partner stores, NYC Wine or the partner store responsible for canceling the order will immediately issue a credit to your credit card account in the amount of the charge. If your purchase has been processed through one of our partner stores, or in any other manner, then NYC Wine will not be responsible for any refunds. If your personal, corporate or cashiers check has been cashed by NYC Wine or a partner store, then NYC Wine or the partner store that cashed the check and cancelled your order will provide a full cash refund in the amount of such check. NYC Wine is not responsible for the actions and return policies of our partner stores and your sole recourse when ordering and purchasing from our partner stores is to attain a refund from that store.
NYC Wine reserves the right to modify the terms, conditions and notices under which it offers its Web site without notice. Your continued use of the Web site after any such changes constitutes your agreement to such changes. The Company further reserves the right to change prices and other information on the Site at any time without notice. The posting of prices and other terms of sale shall not constitute a binding offer to sell product on such terms.
All content, including without limitation, graphics, logos, text, images, button icons, audio, video, digital downloads, data compilations, software and other features, appearing on the Web site, are the copyrights, trademarks and other intellectual property owned, controlled or licensed by the NYC Wine or Metropolitan Vintners. This content is protected by copyright separately and as a collective work or compilation under U.S. and international copyright law and is the property of the NYC Wine, Metropolitan Vintners, its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be.
As the user of this Web site you may not copy, distribute, transmit, reproduce, publish, create derivative works or in any way use any of the content on the this Web site without the prior written permission of NYC Wine or Metropolitan Vintners. This prohibition includes without limitation the publication of any part of this content on any other Web site, selling or offering it for sale, or using it to create any kind of database. Requests to use any content of this Web site should be sent to privacy@NYCWine.com.
This website may contain links to other websites on the worldwide web that are owned and operated by third parties. You acknowledge that Crush is not responsible for the operation of or content located on or through any such website.
When you visit this Web site 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 e-mail or by posting notices on this website. 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.