Terms and Conditions
Shipping and Returns Policies
Where We Ship
Wineracks.com online shop will ship your order to 100% of businesses addresses in the US , and to every residential address in the US with UPS Home Delivery service. There may be additional charges for orders to PR, AK & HI as well as APO and FPO addresses. If there will be additional charges, we will notify you prior to shipping your order. We are not able to ship orders internationally through our online ordering process however can arrange international shipping if you call us.
International Shipping
Yes, we ship to Canada and most locations throughout the world. Unfortunately, due to the complex customs, duties and tax structures of various countries, our online catalog cannot process an international order, but we are happy to help you if you call us at 1-845-658-7181 during business hours. Please be prepared to provide us with your shipping address so that we can provide you with a quote for shipping. We do our best to estimate the total cost of your purchase, however you may still be responsible for duties and taxes on the items once they reach your country.
Our shipping days are Monday through Friday. Express, 2-Day and Overnight orders are only shipped Monday through Friday, before 10am, so please take that into account when placing your order, that may add 1-2 days to the ship time of your order
For commercial and larger racks, we may choose to ship them via Freight carrier. If we ship via Freight, your delivery will require an appointment. You will receive a call prior to delivery. Please make sure that your Shipping Address and contact phone number are accurate when placing your order. If an order must be re-routed there will be additional shipping charges
Please contact Customer Service at 1-845-658-7181 for further details if you would like to ship somewhere other than the locations listed above or need expedited shipping. We can ship internationally but will likely have to provide you with a shipping quote based on your specific location. We are here Monday through Friday, 9:00 a.m. to 5:00 p.m. (EST).
In stock items generally ship within 2 business days upon receipt of your order. Wooden cellar racking kits, wooden commercial fixtures and cooling units are built to order and have a 2-4 week production lead time. Racks with custom stain or finish may require additional time. Custom wine cellars can have a 2-8 week production lead time. For current lead times, please contact Customer Service at 1-845-658-7181. We will notify you upon receipt of the order what your specific lead time is expected to be. WineRacks.com does not guarantee any estimated ship date and cannot be held responsible for orders that are delayed due to production changes or Acts of God.
Please open and inspect your purchases immediately upon receipt. WineRacks.com and our suppliers will not be responsible for damaged or missing product reported more than 30 Days after ship date.
Items listed as FREE SHIPPING
FREE SHIPPING DOES NOT APPLY TO ORDERS THAT ARE LESS THAN $10,000 IN TOTAL NO MATTER WHAT PRODUCTS THEY AREPeriodically, we offer Free Shipping on products in our online catalog. Any item listed as "Free Shipping" or "Shipping Included" will only be shipped within the continental United States using standard ground transportation for free (no expedited shipping available for free). Orders to Alaska, Hawaii or Puerto Rico will have additional charges added after you check out even if listed as "Free Shipping". We will contact you upon receipt of your order to notify you of the shipping costs and collect the payment for the shipping charges.
Commercial Racking & Cooling Units
Because our commercial racking and most cooling units must ship via Freight carrier, and rates are changing constantly, our online system cannot calculate the shipping for these racks so you will not be charged shipping at check out. We will contact you upon receipt of your order to notify you of the shipping costs and collect the payment for the shipping charges.
Outside the Continental US
Items shipping to APO or FPO addresses as well as to Alaska, Hawaii or Puerto Rico or internationally may require additional shipping charges beyond what you were charged at checkout. We will contact you prior to shipment of your product to notify you of any additional shipping charges. Full payment of shipping charges must be received prior to shipment.
Product Warranties & Return Policies
Wineracks.com Inc. warrants its wooden wine racking (Premium Series Custom Wine Cellars, Prestige Cellar Series, Pine Value Series & Advantage Cellar Series to be free from defects due to workmanship or material under normal use and service, for the lifetime that the owner remains in the residence. “Defect” refers to cracking, splitting, bowing / warping of the wooden component. Should a defect arise due to workmanship or material, upon notification, Wineracks.com, Inc. will. at its discretion, repair or replace the defective part or product. Components manufactured by others and utilized and incorporated in components manufactured by Wineracks.com, Inc., such as hinges or magnetic catches will have a one (1) year warranty.
Customer is responsible for notifying the Manufacturer of defects believed to be covered by this Warranty within 10 days of receiving the product. Wineracks.com, Inc. reserves the right to inspect any item for product failure and may request photographs of or the return of the product. This Warranty is limited to the cost of repair or replacement of the defective item. Warranty is voided on any products that have been modified or altered from their original specifications including stains/finishes applied after the product has left our factory.
This warranty sets forth WineRacks.com Inc.’s. Maximum liability for its products and is in lieu of all other warranties, including a warranty of merchantability, expressed or implied. This warranty does not cover products that are not directly manufactured by WineRacks.com, Acts of God, and products subjected to conditions outside their design limitations.
Prestige Series wine cellar racks with a stain are not returnable.
Commercial / Retail Racking
Our Wood Commercial Racking is guaranteed against defect in materials and workmanship for five (5) years from the initial date of shipment. Any mechanical components included (hinges, casters) will have a one (1) year warranty. “Defect” refers to cracking, splitting, bowing / warping of the wooden component. If the product is defective due to workmanship or materials, upon notification, Wineracks.com, Inc. will. at its discretion, repair or replace the defective part. Components manufactured by others and utilized and incorporated in components manufactured by Wineracks.com, Inc., such as hinges or magnetic catches will have a one (1) year warranty WineRacks.com will, at its option, repair or replace the product.
Customer is responsible for notifying the Manufacturer of defects believed to be covered by this Warranty within 10 days of receiving the product. Wineracks.com, Inc. reserves the right to inspect any item for product failure and may request photographs of or the return of the product. Warranty is voided on any products that have been modified or altered from their original specifications including stains/finishes applied after the product has left our factory.
This warranty sets forth WineRacks.com maximum liability for its products and is in lieu of all other warranties, including a warranty of merchantability, expressed or implied. This warranty does not cover products that are not WineRacks.com racking, Acts of God, and products subjected to conditions outside their design limitations. Wineracks.com Inc. will not be responsible for any consequential damages of any nature.
Custom Wine Cellar Racking & Doors
Each of our custom wine cellars and doors are designed and manufactured per customer to their own specific requirements. Due to the custom nature of the product, custom cellar components cannot be re-used or put into inventory for another customer. Therefore, custom wine cellars and doors are not returnable for any reason. This includes standard Prestige Racking that is custom stained. The order will go into production once we have received the required deposit and a copy of the signed Purchase Agreement. If the cellar needs to be modified after the agreement is signed, The Purchaser will be charged a $75/hour redesign fee, plus the cost of any materials that have been cut that cannot be utilized in the redesigned cellar and Purchaser will be required to re-sign an updated Purchase Agreement. If The Purchaser would like to cancel the cellar before it is shipped, the Purchaser will be refunded the deposit less a design fee and less the cost of any material that has been manufactured /cut. In the event the cost of materials exceeds the deposit on hand, The Purchaser agrees to pay WineRacks.com the remainder to cover the cost of those materials and can opt to have them shipped to an address of their choice at the purchaser's expense or have WineRacks.com discard them at no additional charge.
Small Capacity Wine Racks & Accessories
We take great pride in our product selection and want you to be happy with your purchase. If you are unhappy with your purchase you can return it within 30 Days of date of shipment. Product must be returned unaltered and unused in original packaging. Returns will not be accepted without authorization. Call us at 1-845-658-7181 for Return Authorization and the proper return shipping address.
Upon receipt of your return, we will refund the cost of the item within 90 days. Some items may be subject to a re-stocking fee. You will be informed of the restock fee when we provide you with the RMA number. Shipping and handling charges are not refundable. Purchaser is responsible for return shipping unless the product was shipped in error or arrived damage. We can issue a call tag for your return and the cost will be deducted from your refund.
In the case of mis-shipped, damaged or defective merchandise we will issue a call tag to have your item picked up. If the item is not picked up within the 3 attempts we authorize with our shipper, you will be responsible for return shipping charges. We will replace any mis-shipped, damaged, or defective merchandise upon receipt of the original product.
Wire Retail Store Fixtures
Our wire retail store fixtures are drop shipped directly from the manufacturers, and therefore subject to a 25% re-stocking fee on any returns. If you are unhappy with your purchase you can return it within 30 Days of date of shipment. Product must be returned unaltered and unused in original packaging. Returns will not be accepted without authorization. Call us at 1-845-658-7181 for Return Authorization and the proper return shipping address.
Upon receipt of your return, we will refund the cost of the item less the 25% restocking fee and any shipping charges within 90 days. Shipping and handling charges are not refundable. Purchaser is responsible for return shipping unless the product was shipped in error or arrived damage. Please inspect packages prior to signing for acceptance. If packaging looks damaged upon receipt, you are required to sign the bill of lading describing the damage or refuse the package. Otherwise ALWAYS sign bill of lading "Damage Unknown" as damage may not be readily apparent until items are unpacked. The manufacturers may not accept returns of damaged merchandise if signed for as being in good condition.
Wine Cellar Cooling Units & Temperature Controlled Cabinets
All of the wine cellar cooling units and wine cabinets offered at WineRacks.com are covered by their own manufacturer's warranties. See product descriptions or manuals for warranty details. Any problems, defects or damage to the units should be reported directly to the manufacturer. WineRacks.com takes no responsibility for service or support of these units.Because these units are generally customized to order, they are not returnable.
VintageView Racking
Lifetime Product Warranty
VintageView Wine Storage Systems warrants to the original consumer-purchaser that its products shall be free from defects in workmanship and materials under normal and reasonable use for the lifetime of the product.
VintageView, at its option, will refinish or replace any product or part found to be defective during the warranty period (excludes installation charges, shipping charges, and cost of removal and reinstallation). VintageView may require you to return the part(s) claimed to be defective for its inspection – freight or postage prepaid.
This warranty does not include the cost of any inconvenience or property damage due to the failure of the product and does not cover damage due to misuse, abuse, accident, or damage arising out of transportation of this product.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES OR WARRANTIES.
In no event shall VintageView be liable or responsible for INCIDENTAL OR CONSEQUENTIAL DAMAGES or for any other direct or indirect damage, loss, cost, expense or fee. Neither the VintageView distributor nor the retail establishment selling this product has any authority to make any warranties or to promise remedies in addition to or inconsistent with those stated above.
VintageView’s maximum liability, in any event, shall not exceed the purchase price of the product paid by the original consumer-purchaser. Some states do not allow the exclusion or limitation of incidental or consequential damages. In such a case, the above limitations or exclusions may not be applicable.
This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
Parts Replacement Requests
Should you receive items that are damaged/broken or missing please complete our PARTS REPLACEMENT FORM and we will follow up with a resolution for you as soon as possible..
Privacy and Cookie Policy
WineRacks.com Inc. knows that you care how information about you is used and shared, and we appreciate your trust and want you to feel confident in our services and security as it relates to your personal information. This notice describes our privacy policy. By visiting WineRacks.com, you are accepting the practices described in this Privacy Notice.
What Personal Information About Customers Does WineRacks.com Gather?
The information we learn from customers helps us personalize and continually improve your shopping experience at WineRacks.com. Here are the types of information we gather.
- Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, fulfilling orders, customizing future shopping for you, improving our store features, and communication with you.
- Automatic Information: We receive and store certain types of information whenever you interact with our website. For example, like many web sites, we sometimes use "cookies," and we obtain certain types of information when your Web browser accesses our website.
- E-mail Communications: To help us make e-mails more productive to improve service and your shopping experience, we sometimes send you newsletters of our services and products, notifications of changes to our policies, and order confirmations. We may provide your email address to third party providers that perform advertising or email services on our behalf as well as to facilitate shipping and the processing of an order. Each of our promotional emails contain a link to Unsubscribe from our mailing list. By clicking the unsubscribe link, you will be permanently removed from our mailing lists. You can also use our contact form and tell us to Unsubscribe you from our mailing list.
What About Cookies?
Cookies are alphanumeric identifier text files that we transfer to your computers hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as storage of items in your Shopping Cart between visits. This website tracks users anonymously. It uses cookies, both first party cookies and third party cookies, to measure your usage of this website. This website tracks visitors using first party logging and reporting features as well as Google Analytics.
Does WineRacks.com Share the Information It Receives?
We respect your privacy and appreciate your business. At no time do we ever provide your account contact or payment information to any third party vendor, associate or service provider unless absolutely neccessary in order to complete your transaction and order.
How Secure Is Information About Me?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you provide to us for purchasing of our products or services. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer.
Which Information Can I Access?
WineRacks.com gives you access to a broad range of information about your account and your interactions with us for the limited purpose of viewing and, in certain cases, updating that information.
Conditions of Use, Notices, and Revisions
If you choose to visit WineRacks.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of New York. If you have any concern about privacy of your personal information as used and collected within our website, please send us a thorough description through our Contact Form, and we will try to resolve it.
Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Information You Give Us
You provide most such information when you search, buy, order, post reviews, or other methods of communication via our website or email to WineRacks.com. As a result of those actions, you might supply us with such information as your name, address, and phone numbers, and credit card information.
Automatic Information
For security purposes WineRacks.com sometimes collects and analyzes the Internet protocol (IP) address used to connect your computer to the Internet, and to our website. This is done for your protection for tracking purposes in the unfortunate event that someone gains access to your personal or financial information and opens an account, or makes purchases under your name.
Questions
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by Contacting Us directly.
OVERVIEW
This website is operated by Wine Racks. Throughout the site, the terms “we”, “us” and “our” refer to Wine Racks. Wine Racks offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Wine Racks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wine Racks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@wineracks.com.
Our contact information is posted below:
Wine Racks
contact@wineracks.com
819 Route 32 Tillson, NY 12486 United States
+1-888-438-4006