Updated: January 1, 2022
TERMS AND CONDITIONS
Reading and accepting the Terms and Conditions of Baywinebrokers.com is required before using the website.
IMPORTANT NOTICES REGARDING AGRICULTURAL PRODUCTS AND SHIPPING
Agricultural Product Acknowledgment: You expressly acknowledge that our products are agricultural in nature and subject to natural growing conditions, weather patterns, and harvest timing. All shipment dates are estimates based on grape maturity, picking conditions, and processing capacity. We reserve the right to process and ship products when grapes reach optimal ripeness, which may differ from estimated dates. You agree that timing of delivery is subject to these agricultural factors beyond our control.
Shipping and Delivery Responsibilities: You are solely responsible for being prepared to receive products upon delivery. All sales are final. Products are sold “as is” and “where is” without any warranty. We reserve the right to ship products frozen if you do not respond to our communications. You are responsible for ensuring proper receiving conditions and immediate processing of products.
Carrier Disputes and Chargebacks: You expressly agree not to initiate chargebacks for any issues related to shipping carriers (UPS, FedEx, USPS, etc.). Any dispute involving shipping carriers that requires our involvement will incur a mandatory $500 administrative fee for our time and effort to resolve. You agree that shipping carrier issues are not grounds for disputes or chargebacks with Baywinebrokers.com. We reserve the right to charge any costs associated with chargebacks or disputes.
Legal Proceedings: You explicitly waive personal service of process. You agree to accept service via email for any legal action. You consent to jurisdiction in Alameda County, California.
Use of Baywinebrokers.com
While using Baywinebrokers.com, you will not:
- post content of an inappropriate nature on the Sites;
- violate any laws, third party rights, or any of our policies;
- use Baywinebrokers.com if you are below the age of 18, if you are unable to form legally binding contracts, or if you are temporarily or permanently suspended from Baywinebrokers.com;
- manipulate the price of any product or item listed on Baywinebrokers.com;
- manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to Baywinebrokers.com;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- engage in any action that may weaken or sabotage the User Review or User Ratings System;
- transfer your Baywinebrokers.com account to another party without our consent;
- distribute or post spam or unauthorized advertising;
- use harmful technology;
- duplicate or modify our content;
- collect user information without consent;
- impersonate others;
- register using email addresses you don’t own.
Content License
By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting of a review etc), you are agreeing to such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of Baywinebrokers.com. You grant or warrant that the owner of such content has expressly granted Baywinebrokers.com a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Usage of Content
Unless otherwise indicated, all information contained on this web site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to Baywinebrokers.com, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Baywinebrokers.com’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and non-commercial uses which do not harm the reputation of Baywinebrokers.com, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.
Copyright
All content included in or made available through any Baywinebrokers.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Baywinebrokers.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Baywinebrokers.com Service is the exclusive property of Baywinebrokers.com and protected by U.S. and international copyright laws.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Baywinebrokers.com reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, you grant Baywinebrokers.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post and that you will indemnify Baywinebrokers.com for all claims resulting from content you supply.
No Medical Advice; No Guarantees
You recognize and agree that the content made available through Baywinebrokers.com is for informational purposes only and is not intended to be taken as medical advice or counseling. Users should never use any Baywinebrokers.com resources in place of seeking professional advice from a licensed medical practitioner. We make no guarantees, promises, or predictions of success regarding any of the services or resources offered.
Right To Refuse Service On All Orders
Baywinebrokers.com reserves the right to refuse service to anyone at any time at our sole discretion. In the case where we discontinue service, we will continue to honor any warranty obligations as required by law.
International Policy
Baywinebrokers.com will ship International orders to all countries except Cuba, Iran, Syria, North Korea, Brazil and Spain (due to customs laws).
The customer is responsible for determining, managing and paying any and all taxes and duties associated with an International transaction through Baywinebrokers.com. Baywinebrokers.com will not pay and cannot quote taxes and duties. Baywinebrokers.com reserves the right to refuse any International order it determines does not meet our requirements.
Limitation of Liability
Baywinebrokers.com will not be held responsible for other user’s actions or inactions, including things posted by said users. Additionally, in no event shall Baywinebrokers.com guarantee constant or secure access to our websites or services, and normal functioning of Baywinebrokers.com may be interfered with or disrupted by numerous factors beyond the scope of our control. Also, according to the fullest extent permitted by law, we exclude all implied warranties, terms, and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, incidental or consequential damages arising out of your use of Baywinebrokers.com. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $100.
Release
You agree to release Baywinebrokers.com, trustees, officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with Baywinebrokers.com.
Access and Interference
Much of the information on the Baywinebrokers.com website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to Baywinebrokers.com. You agree that you will not use any robot, spider, scraper or any other automated means to access the Baywinebrokers.com website for any purpose without first obtaining our express written permission.
You also agree that you will not:
- take any action that imposes an unreasonable or excessive load on our framework;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content without permission;
- interfere with the proper functioning of Baywinebrokers.com;
- bypass security measures.
Privacy
We view the protection of your privacy as an important issue. We do not sell or rent your personal information to third parties for their marketing purposes. Your information is stored and processed on dedicated servers located in the United States that are protected by physical and technological security measures.
Risk of Loss
All items purchased from Baywinebrokers.com are made pursuant to a shipment agreement. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
Baywinebrokers.com attempts to be as accurate as possible. However, Baywinebrokers.com does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. Please contact us to let us know if you find an error.
Indemnity
You agree to indemnify and hold Baywinebrokers.com, trustees, officers, agents, directors, subsidiaries, joint ventures and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement.
Resolution of Disputes
If a dispute arises between you and Baywinebrokers.com, it will be resolved in accordance with the following:
Law and Forum for Disputes – This Agreement shall be governed by the laws of the State of Pennsylvania. You agree that any claim or dispute must be resolved by a court located in Montgomery County, Pennsylvania.
Arbitration Option – For any claim where the total amount sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration.
Additional Terms
The following policies are incorporated into this Agreement:
- Returns Policy
- Privacy Policy
Each of these policies may be changed at any time. Changes take effect when posted on Baywinebrokers.com.
General
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. Failure to take action regarding a violation does not waive our right to take action for subsequent violations.