TERMS & CONDITIONS
Purchasing and Delivery of Wines (Conditions of Sale)
Your acceptance of these Conditions of Sale will be acknowledged by the creation of an online account at tribecawine.com, Tribeca Wine Merchants, LLC, for all orders placed on our website, each time you place an order. Your acceptance will also be acknowledged by ordering wine from Tribeca Wine Merchants, LLC by e-mail, over the phone, or in our store. By accepting these Retail Conditions of Sale, you are accepting them for the duration of your buying relationship with Tribeca Wine Merchants LLC ("Tribeca Wine Merchants," "Seller," "We," Us,"Our"). The Conditions of Sale are subject to change. You may be notified and asked to review changes periodically to stay up to date, either by e-mail, or by a special notice on our Website. Your continued use of our website and our services constitutes your acceptance of these changes. We appreciate your business and thank you for taking time to read and understand this document.
You must be at least 21 years of age to purchase wine. By placing your order you have represented to Tribeca Wine Merchants that you are at least 21. All wines delivered must be received by an adult of legal drinking age.
Many states restrict the shipment of wine. Please accept our apologies if we are unable to ship to your area. For more information on state laws concerning shipments of alcohol, visit: http://www.wineinstitute.org/shipwine
We urge you to investigate the laws in your state or country regarding this subject before shipping or arranging to ship any wine and/or spirits purchased from us.
If Tribeca Wine Merchants, for any reason, is unable to fulfill its obligations to the Buyer, Tribeca Wine Merchants' sole obligation and the Buyer's sole recourse shall be a refund of the purchase price.
This contract is entered into in New York and shall be enforceable there under the laws of that State.
We guarantee the ultimate delivery of pre-arrival wines, but many of the factors in the delivery are beyond our control. We do the best we can to estimate the expected arrival times of your wine, but we cannot guarantee any specific arrival dates. Please keep in mind, delays can arise unexpectedly. We work hard to ensure all of our wines are transported and stored in temperature-controlled spaces. That said, there may be delay of shipment of any wines if we feel the temperature or season is unsafe. We would rather that you receive your wine later, and perfect, than sooner and damaged. If at any time you feel you need to cancel your pre-arrival order, you may request in writing, which is subject to management approval. Refunds of this nature are subject to a 15% restocking fee.
New York State law only expressly permits the return of goods that are defective; for such returns, which are subject to management approval, we can offer a replacement of the same item, or we can refund a credit card, or we can issue a store credit. If you no longer want a wine you have purchased but that does not meet this parameter, we are permitted to buy the bottle back from you. We regularly buy and sell wine from great cellars, and if you are interested in this option, you may contact us to get an estimate on the price and terms we could offer.
If at any time you feel you need to cancel an order that has not been delivered, you may request in writing, which is subject to management approval. Refunds of this nature are subject to a 15% restocking fee.
Shipping and Delivery Fine Print
Title and ownership on all Wine passes to the buyer at the time of purchase. If you require that your wine be shipped, you authorize Tribeca Wine Merchants to engage a common carrier to deliver the wine on your behalf. IF YOU CHOOSE TO SHIP YOUR WINE TO A NON-RECIPROCAL STATE, YOU ASSUME ALL RESPONSIBILITY FOR COMPLYING WITH YOUR STATE'S LAWS REGARDING ALCOHOL SHIPMENTS.
You must be 21 years of age to order or receive alcoholic beverages from Tribeca Wine Merchants. Any shipments containing alcoholic beverages are sent with an "Adult Signature Required", and the common carrier that delivers our merchandise is required to ask and check for identification upon delivery, which may require you to be home in order to accept delivery.
Buyer takes all responsibility for the product being transported to the buyer’s selected destination. Buyer may pick up the product at Seller’s location or make independent delivery arrangements. Sales tax will be applied based on either the Seller’s location, or the delivery location where appropriate, subject to changes to comply with federal and state laws. Seller makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. Buyer warrants he or she is solely responsible for the transport of the purchased products, and for determining the legality and the tax/duty consequences of bringing the products to the buyer’s chosen destination. All taxes, duties, and/or tariffs imposed at the time of delivery are the sole responsibility of the Buyer and must be remitted prior to the release of the wines and/or spirits.
Because we have no control over the temperature conditions at any 3rd party carriers' warehouses, we attempt to deliver wines to our 3rd party carrier at the beginning of each week so that you can receive your wine before the weekend. As a result, your wine may not be delivered to our 3rd party carrier the day that you place your order. Please understand that during business hours, your orders are packaged and scheduled for delivery, but may be delayed until ideal conditions for shipment arise.
Some of our wines are sold on a "pre-arrival" or "futures" basis. These products are explicitly indicated as such on our Web site, email newsletter, or directly via email correspondence, along with the expected (but not guaranteed) arrival dates. Tribeca Wine Merchants will notify you by phone or email when your pre-arrivals have arrived and are ready to be shipped. You will be given the opportunity to coordinate the proper delivery or shipping address and method (we don't automatically ship out wines when they arrive without contacting you first).
You are reminded that various states impose limitations on the quantity of alcoholic beverages which may be purchased and brought into their jurisdiction without requiring the purchaser, the seller or the shipper to possess certain licenses or permits. Tribeca Wine Merchants, does NOT, as a condition of sale, assume any obligation nor bear any responsibility whatsoever for applying for or obtaining any such permits or licenses. Therefore, you are strongly advised to investigate such limitations and to determine the manner in which alcoholic beverages may lawfully be brought into states other than New York. You are responsible for all applicable excise, use and sales taxes due to your state related to the purchase of any taxable goods.
Tribeca Wine Merchants makes no representation to the legal rights of anyone to ship or import wines into any state outside of New York. The Buyer is solely responsible for the shipment of wines and is responsible for any loss or damage to goods once they have left our premises. By placing an order and requesting shipment or delivery, you authorize Tribeca Wine Merchants to act on your behalf to engage a common carrier to deliver your order to you.
Risk of loss, Damage, Breakage and Insurance
Because title transfers to you upon sale and we are not responsible for any breakage or damage of your goods by any carrier we have arranged to ship on your behalf. At your discretion, insurance may be arranged with an insurance provider.
You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Us, and that the Convention for the International Sales of Goods (CISG) shall not apply thereto.
DISCLAIMER OF WARRANTIES.
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, NEITHER WE NOR ANY OF OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE AND, TO THE FULL EXTENT PERMISSIBLE BY LAW, WE HEREBY DISCLAIM AND YOU HEREBY WAIVE ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA OR IN CONNECTION WITH THE SITE ARE PROVIDED BY US WINE "AS IS" AND “WITH ALL FAULTS”
No listing of wines by any Seller or on tribecawine.com constitutes an offer to sell; any order you place through tribecawine.com, by email or over the phone will need to be confirmed by Seller before Seller accepts your order.
Some of the wines we list are rare and extremely limited. We will endeavor to fulfill your order but if we are not able to do so our sole obligation and your sole recourse is a refund of the purchase price. Prices are subject to change without prior notice. No order is complete until paid for in full. We are not responsible for typographical errors or other inaccuracies or omissions and shall not be obliged to sell mis-priced goods or services; in the event of typographical error, your only remedy shall be to cancel your order for a refund.
Mandatory Arbitration of all disputes Any dispute, controversy or claim arising out of or relating to this contract, the breach thereof, your use of our website, purchase of products or services from us, statutory rights or violations and any offers made or rescinded by us, shall be settled by arbitration administered by the American Arbitration Association, rather than in court (except that you may pursue any qualified claims in small claims court). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this agreement.
This means, in the event of a dispute:
• DISPUTES WILL NOT BE RESOLVED IN COURT
• DISPUTES WILL NOT BE SUBMITTED TO A JUDGE OR JURY
• THERE WILL BE NO CLASS ACTIONS OR CLASS ARBITRATIONS
• YOU AND WE WILL ATTEMPT TO RESOVE ANY DISPUTE AMICABLY
• FAILING AMICABLE RESOLUTION, ALL DISPUTES WILL BE RESOLVED BY INDIVIDUAL, BINDING, NON-CLASS ARBITRATION
If you have a dispute and have not been able to come to a satisfactory resolution with our customer service staff, you must submit your dispute to senior management by sending written notice to:
Tribeca Wine Merchants
40 Hudson Street
New York, NY 10013
If you and we are unable to resolve the dispute informally, in a mutually satisfactory way, either you or we may choose to resolve the Dispute through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such disputes arise in contract, tort, statute, or otherwise. US policy and the policies of many States, including California, New York, and New Jersey among others, favor settlement of disputes by arbitration rather than by use of courts.
The Rules can be obtained on the AAA website free of charge at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Either you or we may elect to resolve a particular Dispute through arbitration, even if one of us has already initiated litigation in court related to the Dispute, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
You and We agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.
You agree to indemnify, defend, and hold Tribeca Wine Merchants, LLC, their owners, agents, affiliates, officers and employees harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and costs, arising in any way in connection with your use of the Site or the services thereon, your placement or transmission of any message, content, information, software or other materials through the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Use of this site
You shall use this site for lawful shopping purposes only. You shall not use the site in any unauthorized, illegal or criminal manner, including, but not limited to hacking into the site’s systems, spoofing or faking email headers, or slowing or stopping the functionality of the site, or in any way harm or degrade the site’s function.
If you register on the site, you shall provide true, accurate, and complete information about yourself as directed by the registration form. We reserve the right to terminate your account at any time and for any (or no) reason.
You are responsible for maintaining the confidentiality of your usernames and passwords and are responsible for all activities that occur under your account (including by anyone logged in without your permission). You agree to immediately notify us of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this agreement.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL WE BE RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, (INCLUDING WITHOUT LIMITING THE APPLICABILITY OF THE FOREGOING) IF THIS SITE SHALL HAVE BEEN HACKED OR INFECTED BY DAMAGED LINKS AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGED LINKS.
THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WEBSITES OR RESOURCES. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR, DIRECTLY OR INDIRECTLY, AND HEREBY RELEASE US FROM, ANY AND ALL DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE $500.00. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE, SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You agree that we may modify or discontinue this site with or without notice to you and that we shall not be liable to you or any third party should we exercise such right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the webpage in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.