Acceptance of and Changes to Terms of Service
This is a contract between you and Westgate Wine LLC, a North Carolina Limited Liability Company located at 6405 Westgate Rd, Raleigh, NC 27617, USA. By using our Website and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our Website. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Website following the effective date contained in the notification or the posting of such changes on our Website, if no other effective date is specified, will constitute your acceptance of those changes and your agreement to comply with all the current terms and conditions of the Agreement.
If you have questions or concerns about our specific terms, please send an e-mail to firstname.lastname@example.org.
You agree not to do any of the following while using the Website or any of our other sites:
· Intentionally or knowingly violate any applicable law, regulation, or agreement that you are bound by – including this Agreement – nor the rights of any other party;
· Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
· Access, tamper with, or use any areas of the Website or Westgate Wine LLc’s computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites.
· Frame or link to the Website or any of our other sites, unless permitted in writing by Westgate Wine LLC.
We do not sell alcohol to persons under the age of 21 or where otherwise prohibited by law. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and that you are not otherwise prohibited by law from purchasing wine from us. If your representation is not true, we will rely upon this representation if we are held liable for any reason, and you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees), and damages we suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from us is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, then you are not permitted to use our site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, if you purchase alcohol through this site for a purpose other than personal use, or if you purchase alcohol through this site and offer that alcohol for resale, we will report this to the appropriate authorities and prosecute you fully to the extent allowable by law.
Title to, and ownership of, all alcoholic beverages passes from us to the purchaser at the time of purchase. We have made arrangements that, in the event that the alcoholic beverage is not immediately picked up or shipped to the purchaser, a third party storage provider shall act as an agent for the purchaser and hold possession of the purchaser’s alcoholic beverage until shipment or pickup of the alcoholic beverage is made. Currently, that third party storage provider is Westgate Wine Storage, LLC. You specifically agree to, and authorize us to, transfer possession of the alcoholic beverage(s) to Westgate Wine Storage, LLC, or any other third party storage provider we may later designate or contract with, who will hold that alcoholic beverage(s) as your agent until pickup or shipment is arranged. You further authorize Westgate Wine Storage, LLC, or any other third party storage provider we may later designate or contract with, to act as your agent and hold the alcoholic beverage on your behalf until pickup or shipment is arranged.
The primary purpose of this transfer is to ensure that you receive title to the alcoholic beverage(s) you purchase at the time of your purchase.
By having agreeing to this transfer of possession, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality and any others that apply to you regarding the purchase, shipping, transportation, storage, and delivery of alcoholic beverages, including, without limitation, wine. You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered, and once again represents that he/she is 21 years of age or older.
Credit Card Transactions
Westgate Wine LLC has implemented accounting systems that are some of the most protective of customer purchases in the wine business and we go to great lengths to insure that the funds paid by you for your wine is protected. All credit card purchases are initially deposited into an escrow account where those funds are held for your benefit. The funds are not transferred into our general business account until you pick up the wine from our store, or the wine is placed in the care of a duly authorized shipping agent for delivery to you, or the wine is delivered to a third party storage company for holding for later shipment or for pickup by the customer. Title to the wine passes to the customer upon purchase of the wine, which, in the context of credit card transactions, is specifically construed and explicitly identified as the transfer of funds from the escrow account into our general business account.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
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. Westgate Wine LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason.
We will gladly refund your order or give you store credit, at your discretion, for returns up to 30 days after the date of purchase, so long as the Wine purchased remains unopened and undamaged, and we are able to sufficiently ascertain that the Wine was purchased through us. For all returns we charge a restocking fee of 10% of the purchase price of the returned item. Returns that are made more than 30 days after the date of purchase shall be left in the discretion of our management, but there is no specific obligation to offer either a refund or store credit following 30 days after the date of purchase.
We reserve the right to reject any order you place with us and/or to limit quantities in any order, without giving any reason or for no reason, if we determine it is in our best interests to do so. If we reject your order or reduce the quantities of any items in your order, we will attempt to notify you using the e-mail and/or billing address you gave us when you placed the order.
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Website account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers.
All orders placed on our site are subject to product availability and will be shipped according to our internal shipping policies and in accordance with this Agreement. As mentioned above in the Title and Ownership section, at the time of purchase title to any alcohol purchased transfers to the purchaser and Westgate Wine LLC no longer holds ownership title or interest in the alcohol. Product ordered is shipped Free on Board (F.O.B.) from the city at which the shipment originates.
There are times when the weather does not permit shipment of product without significant risk of damage, and in such times our third party storage provider will hold the wine for you, as your agent, without additional charge until such a time as the weather improves. Such storage shall be provided by transferring possession of the wine to Westgate Wine Storage, LLC, or such other third party storage provider as shall be designated by us, acting as an agent for the purchaser. The purchaser shall retain title to the wine while stored. By using these services you specifically agree to such transfer and appointment, and you authorize us to make such transfer and appointment. Once shipping is arranged (or any other change of possession done at your direction) then possession and risk of loss passes to the purchaser.
As mentioned above, all orders are subject to product availability and will be available for pickup at your local store (as designated in the order) according to our pickup policies. We will use the email address provided with the order to contact you when your order is ready for pickup. At pickup, the person who placed the order must be present and display valid State or government issued identification along with the credit card used as payment for the order. As mentioned above, title for the product ordered transfers to the purchaser at the time of purchase. Westgate Wine Storage, LLC, or such other third party storage provider as shall be designated by us, shall act as an agent for the purchaser and retain possession of the wine on the purchaser’s behalf until picked up by, or shipped to, the purchaser. This service is provided at no cost to you for one calendar month, and you specifically agree to, and authorize, this transfer. After one month, Westgate Wine Storage, LLC will charge a storage fee of $1.50 per case of wine stored against either the credit card we have on file for you or a credit card you shall provide to us, at our request, at the time of pickup or shipment. There are no such charges for storage provided between the months of June and September.
You must communicate with us so that we can coordinate the proper length of storage. Should you wish to pick up the product longer than 30 days after purchase, you are required to inform us 48 hours prior to your planned pick up so that we can insure that your product is available for you when you arrive. Product stored for you may be picked up anytime between 12pm (noon) and 6pm, Tuesday through Saturday, at our Raleigh, NC location, so long as we know you are coming.
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Website by any third parties are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.
As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse or control any of these companies or their services.
Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or any (2) content, advertising, or products on or made available on such an external site. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
When you access the Website through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain parts of the Website may be prohibited or restricted by your network provider and not all parts of the Website may work with your network provider or device.
All text, graphics, logos, icons, images, audio clips and software on the site ("Content") are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing by a Company Official of Westgate Wine LLC, you may not use any Content without our consent and, even if we consent, you many not use any Content in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Web site or medium or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made, and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
We will give you any necessary notices by posting them on our site. You authorize us to send notices via electronic mail or by other electronic or digital means (e.g., wireless, web, etc.), in our sole discretion. You agree to check our site for notices, and that you will be deemed to have received a notice when it is made available to you by posting on the site or sent to you via electronic mail or made available in any other reasonable means consistent with the terms of this Agreement.
Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, reliability or any use of the functions, features, operations, Content, or information. We cannot and do not warrant that your use of our site, or the operation or function of the site, any component, feature, function, capability, offer, product, software, or services, will be uninterrupted or error free or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness, and/or accuracy of our site.
OUR SITE AND THE CONTENT IS 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. WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
In no event shall Westgate Wine, LLC, its members, managers, company officials, partners, owners, agents, contractors, and/or representatives be liable to you or anyone else for any indirect, punitive, incidental, special or 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 our Website, this Agreement, the use or performance of our Website, the delay or inability to use our Website, the provision of, or failure to, provide services, or for any events, information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of our Website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
If you are dissatisfied with any portion of our Website, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Website. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
Binding Arbitration and Class Action Waiver
You and Westgate Wine LLC agree to arbitrate all disputes between you and Westgate Wine LLC or its affiliates, except disputes relating to the enforcement of any intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Website, any product ordered or purchased, or these terms, whether such an action sounds in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or Westgate Wine LLC must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Westgate Wine, 6405 Westgate Rd, Raleigh, NC 27617, USA, Attn: Legal Dispute. We will send any notice of dispute to you at the contact information we have for you. You and Westgate Wine LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Westgate Wine LLC do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Arbitration shall be initiated in the City of Raleigh, North Carolina, United States of America, and you and Westgate Wine LLC agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Westgate Wine LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, incorrect promotional offer, or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
We may terminate your Westgatewinestore.com Account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice.
We shall be excused from performance under this Agreement if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
How To Contact Us
Mail: Westgate Wine LLC
6405 Westgate Road, Suite 115
Raleigh, North Carolina 27617
OUR PRIVACY COMMITMENT TO OUR CUSTOMERS
We value the relationship we have with our customers and are committed to responsible information-handling practices. We take great care in safeguarding your personal information and in complying with all applicable federal and state privacy laws and our own internal standards and best practices.
We follow these privacy principles both online and offline in the collection, use, security and sharing of customer information:
NOTICE. When we ask for your personal information, we will tell you why we need it and what we will do with it.
CHOICE. When we contact you for marketing purposes, we will let you know how to remove your name from future marketing efforts.
SECURITY. We will use reasonable security measures to protect the personal information we receive from you.
ACCEPTANCE OF AND CHANGES TO THIS PRIVACY STATEMENT
This is a contract between you and Westgate Wine LLC. As we continue to improve the services, products and the features we provide, this policy is subject to change. We may amend this policy at any time by posting the amended policy on our site.
By using the Website and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy Statement, your only remedy is to discontinue use of the Website. Your continued use of any portion of the Website following notification or posting of such changes, will constitute your acceptance of those changes. If you have questions or concerns about our specific policies, please send an e-mail to email@example.com.
COOKIES & OTHER TRACKING TECHNOLOGY
Cookies are small pieces of information stored by your browser on your computer's hard drive and are used in Website system administration to keep track of movement of an individual from one screen to another. This information may be used by our staff to detect and resolve Website problems and to assist with customer support concerns. Cookies also enable us to track and target the interests of our users to enhance the users' experience and display products that relate directly to individual user preferences.
Our Web server and analytics technology automatically collect clickstream information such as the address (or URL) of the Website a user came from before visiting our site, which pages are visited on our site, which browsers are used to view our site and any search terms entered on our site, among other things. Our Website may also use other technologies to track which pages our visitors view. This anonymous clickstream data provides our customers with a better, more secure shopping experience and helps Westgate Wine LLC understand how visitors use our Website.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or page views. We use this information, which does not usually identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We may record your IP addresses when you place an order through our site in order to detect and prevent fraud.
A web beacon is an electronic image placed on a web page that can serve many of the same purposes that cookies serve. For example, web beacons record the pages you visit on our site. We or third parties may use web beacons to track the traffic patterns of users from one page to another. We or our third party service provider may use web beacons in some of our emails to let us know which emails have been opened by recipients or track click-through rates. This allows us to gauge the effectiveness of our communications to customers and our marketing campaigns.
INFORMATION COLLECTION AND USE
Westgate Wine LLC is the sole owner of the information collected on this site. We will not sell, share or rent this information to others in any way that varies from what is disclosed in this Agreement. Westgate Wine LLC collects information from our users at several different areas on our site. You may receive information regarding new features, services and special offers we think you'll find valuable. You may also access the personal information you have submitted to Westgate Wine LLC by selecting “My Account” and editing the information as it exists in our system currently. Westgate Wine LLC utilizes third party shopping cart companies that are not within our direct control, and those companies process your credit card transactions and store personal data. These companies abide by the PCI Security Standards required by every major credit card company, and employ various encryption and security measures to protect your data and information.
UPDATING YOUR PERSONAL INFORMATION
Westgate Wine LLC wants your personal information to be accurate and complete. We provide several different methods for you to update your personal information. To update your name, address, phone number and/or e-mail information:
- Login to My Account at westgatewinestore.com to update your personal account information (if you've created an account on westgatewinestore.com), OR
- Contact us by phone, email, or in writing.
o If you send an e-mail or letter request, please be sure to include your current information and the requested changes.
E-MAIL & ACCOUNT REGISTRATION
When you register as a member of the Westgate Wine LLC Website or sign up to receive our e-mail offers, we collect information that helps us identify you. The more information you provide, the better we can customize our services and your experience to suit your needs and preferences.
THIRD-PARTY SERVICE PROVIDERS
We may use third-party service providers to enhance your shopping experience on our Website including, but not limited to, providing shipping services, tax services and product recommendations. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this Website in order to provide personalized recommendations and advertisements about our goods and services on our Website as well as when you visit other Websites.
SECURITY OF YOUR PERSONAL INFORMATION
Whether you are shopping online or in our stores, we use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. Westgate Wine LLC cannot ensure or warrant the security of any information you transmit to us by e-mail, and you do so at your own risk.
The Westgate Wine LLC Website uses encryption technology to protect your personal information during data transport, including your name, address and credit card number. On a secure page such as the account login page, the lock icon on your Web browser switches to locked, as opposed to unlocked mode, and back to open mode when you are just browsing.
When you create an account on westgatewinestore.com you are required to establish a password. To maximize your level of protection, you should choose at least 6-20 characters, using a combination of both letters and numbers. You are solely responsible for maintaining the secrecy of your password and account information.
DISCLOSURE OF PERSONAL INFORMATION
We will disclose your personal information when we believe in good faith that any applicable law, regulation, or legal process requires it, or where we believe disclosure is necessary to protect or enforce our rights or the rights of another member. We may also disclose aggregated member statistics in order to describe our services and audience to prospective partners, advertisers and other third parties. However aggregate data is not traceable to you specifically.
We may share non-personal information (such as the number of daily visitors to a particular Web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
CHILDREN’S AND MINOR’S PRIVACY
Westgate Wine LLC’s Website is intended for adults 21 years of age and older. We do not knowingly collect personal information from minors under the age of 21. However, if the parent or guardian of a child or minor under 21 believes that the child or minor has provided us with personally identifiable information, the parent or guardian of that child should contact us at firstname.lastname@example.org if they want this information deleted from our files.
CALIFORNIA PRIVACY RIGHTS
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
To request a copy of the information disclosure provided by Westgate Wine LLC pursuant to Section 1798.83 of the California Civil Code, please contact email@example.com.