Terms & Conditions Site Usage
The website Festwineco.com is owned by Fest Wine Company, LLC (“Fest Wine Co.”) while the Vinoshipper.com website (the “Website”) is owned by Zero Link Markets, Inc. dba Vinoshipper (“Vinoshipper”). Your use of these Websites and purchase of any wines listed on these Websites (“Products”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. By using the Websites or making a purchase on the Websites, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use the Websites and do not submit any orders for Products on the Websites. These terms and conditions, in conjunction with the terms and conditions that are specified in the order process, supersede any prior or subsequent terms or conditions wherever they may appear. Fest Wine Co. and Vinoshipper reserve the right to make changes to the Website and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to the Websites.
Copyright
© 2007 Zero Link Markets, Inc. and © 2023 Fest Wine Company, LLC. All Rights Reserved. Except where noted herein or elsewhere on the Websites, all content published on the respective Website is the property of Fest Wine Co. or Vinoshipper. Any reproduction or distribution of any content on the respective Website without the express written permission of Fest Wine Co. or Vinoshipper is prohibited. Any rights not expressly granted herein are reserved.
Trademarks
Fest Wine Co. is a registered trademark of Fest Wine Company, LLC while Vinoshipper is a registered trademark of Zero Link Markets, Inc. All other product or company names mentioned on the Websites are trademarks of their respective owners.
Purchase Terms
Except for the return/refund policy specified below, all of your rights and remedies with respect to your order, purchase, possession, and use of the Products are governed by these terms and conditions.
Fest Wine Co. and Vinoshipper have the right to make adjustments at their discretion to any price or offer due to market conditions, obsolescence, errors in advertisements, product descriptions or any other circumstance. Fest Wine Co. and Vinoshipper endeavor to include the most accurate information possible on their websites, but Fest Wine Co. and Vinoshipper will not be liable for any errors, typographical or photographic or otherwise, for wine information, pricing or other content, that may appear on the Websites. In particular, Fest Wine Co. and Vinoshipper make no guaranty that Products listed on the Website will actually be available for sale at the point at which your order is placed. If this is the case, the sale will not be processed or you will receive a full refund.
Site Content & Information
The Websites contain information, advice, text, and other materials (“Information”) that are provided for your convenience and enjoyment. You should be aware that the Information may contain errors, omissions, inaccuracies, or outdated information. Fest Wine Co. and Vinoshipper make no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the Website does not imply endorsement of that product or publication.
Disclaimer & Limitation of Liability
FEST WINE CO. AND VINOSHIPPER MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PRODUCTS, THE INFORMATION, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE WEBSITES OR YOUR USE OF THE WEBSITES GENERALLY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FEST WINE CO. AND VINOSHIPPER EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE PRODUCTS, THE INFORMATION, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE WEBSITES OR YOUR USE OF THE WEBSITES GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
YOU AGREE THAT, EXCEPT AS PROVIDED HEREIN, FEST WINE CO. AND ITS OWNERS, VINOSHIPPER AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES (“SERVICE PROVIDERS”) SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE PRODUCTS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL FEST WINE CO. OR VINOSHIPPER OR ANY OF ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, OR INTERRUPTION OF BUSINESS), WITH RESPECT TO THE PRODUCTS, THE INFORMATION, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE WEBSITES, YOUR USE OF THE WEBSITES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER FEST WINE CO. OR VINOSHIPPER OR ANY OF ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF FEST WINE CO. AND VINOSHIPPER AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF THE PRICE PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify Fest Wine Co. and Vinoshipper’s acceptance of your order, nor does it constitute confirmation of their offer to sell. In order to protect the interests of Fest Wine Co. and of Vinoshipper, all orders placed over $5,000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by Vinoshipper’s credit and fraud department. Vinoshipper may require additional verifications or information before accepting any order.
Site Security
The buying area of the Websites is designed to be secure and utilizes SSL security technology. This means that any information you send is protected by encryption. You can tell when you are protected by encryption [the lock or key at the bottom of your browser changes color or is no longer broken (although this varies depending on your browser)]. If you experience fraudulent use of your credit card you must notify your credit card company in accordance with its reporting rules and procedures.
Return/Refund Policy
Fest Wine Co. and Vinoshipper are committed to you having a positive experience when dealing with us and so we want to hear from you if there is a problem. However, due to the special nature of the Products sold through our Websites, there are some special rules affecting returns/refunds.
In the event that you have not received the Products that you ordered:
• Please call Vinoshipper at 866-678-8466 so Vinoshipper may investigate the reasons. If the Products you ordered arrive damaged:
- If the damage is visible, do not accept the order from the shipping company.
- Please call Vinoshipper at 866-678-8466 and Vinoshipper will work with you to get the Products replaced.
- If you received Products different from those which you ordered: Please call Vinoshipper at 866-678-8466 and Vinoshipper will work with you to get the Products replaced.
You are solely responsible for selecting the shipping method. Fest Wine Co. and Vinoshipper assume no liability for Products that are or may be damaged by heat or cold during shipping. If you feel that temperature extremes could impact the quality of the Products we suggest that you choose an express shipping method to help protect your purchase or delay your purchase. If the Websites indicate that
Products are or may be in short supply, please call Vinoshipper at 866-678-8466 and Vinoshipper will try to help you to ensure that your order can be accepted but the Products shipped at a later date.
If you have any questions regarding the status of any return/refund request, please email CustomerService@Vinoshipper.com listing your original purchase transaction number in the title.
