Welcome to the Westgarth Wines website (hereinafter the “Westgarth Wines Website”). The terms “we,” “us,” and “our” used herein refer to Westgarth Wines. By using the Westgarth Wines Website, you agree to be bound by the terms and conditions, and all terms, conditions, disclaimers, and limitations that may appear or are made available to you on the Westgarth Wines Website regardless of whether or not you purchase product from us or use our services. These Terms and Conditions may collectively be referred to as your “Agreement” with us.
The information on the Westgarth Wines Website is “as is” and we make no representations or warranties, express or implied, with respect to the content provided on this website or on any third-party website which may be accessed by a link from the Westgarth Wines Website, including any representations or warranties as to accuracy, timeliness, or completeness. Westgarth Wines will not be liable for any losses, injuries, or damages from the display or use of this information.
Acceptance of and Changes to Terms & Conditions
By using the Westgarth Wines Website and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions. We reserve the right to modify our Agreement with you at any time. If you do not agree with any terms, conditions, disclaimers, limitations, or other provisions in the Agreement, do not use the Westgarth Wines Website for any purpose and/or any of its features. Your continued use of any portion of the Westgarth Wines Website following the effective date contained in the notification or the posting of such changes on the Westgarth Wines Website if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement. The most current version of the Agreement will supersede any and all previous versions.
The Sale of Alcoholic Beverages
You must be 21 years of age or older to view the Westgarth Wines Website. In most locations, it is illegal for anyone under the age of 21 to attempt to purchase alcohol.
Westgarth Wines does not sell alcohol beverages to anyone under the age of 21. By using the Westgarth Wines Website, you are representing that you are over the age of 21. Westgarth Wines retains the right to use reasonable means to verify a buyer's age and reserves the right to refuse to sell wine to anyone. All shipments require that the carrier verify the age of the recipient before delivery. In the event that any buyer intentionally or unintentionally misrepresents their age in order to obtain alcohol, Westgarth Wines will comply with any legal entity and/or appropriate authority in the prosecution of any such person under the age of 21 attempting to buy alcohol.
Purchase
By placing an order through the Westgarth Wines Website, by e-mail, or by telephone, such sales are subject to the instant Terms and Conditions. Upon receipt of full and complete payment, Westgarth Wines will begin to compile your order. Your order may include wines that are in-stock, subject to pre-arrival, or are En-Primeur. Wines that are subject to pre-arrival will be purchased from our suppliers within twenty-eight (28) days of receipt of full payment and shipped according to the shipping option selected at checkout.
Any and all orders that have not been fully paid for within seven (7) days of placing the order, including weekends and holidays, will be cancelled immediately.
Subject to Availability
Delivery of your selected wines is subject to availability. If for any reason your selected wine is unavailable within twenty-eight (28) days of placing your order and Westgarth Wine’s receipt of full payment, unless the selected wines are Pre-Arrival or En-Primeur, Westgarth Wines shall issue a 100% refund only for the wines that are unavailable or for the wines that are unable to be shipped pursuant to applicable laws and regulations.
All Sales Final
All sales are final. Westgarth Wines does not offer returns, refunds, and/or exchanges unless the selected wines are unavailable or are unable to be shipped pursuant to applicable laws and regulations. Refunds will not be issued after the credit card has been run, unless the selected wines are unavailable or are unable to be shipped pursuant to applicable laws and regulations. Please be certain that you are able to commit to your order before placing them.
Westgarth Wines is unable to accept claims for wines that have been opened or tampered with as Westgarth Wines has no way of authenticating the claims once the cork has been pulled from the bottle. Westgarth Wines therefore cannot offer credit or accept returns for bottles that have been opened or tampered with.
Should there be an issue with your order at the time of delivery, please contact us immediately at sales@westgarthwines.com or 310 310 7600.
Shipping
Once your wines have been imported into the United States and have arrived at the Westgarth Wines warehouse, Westgarth Wines will provide notice to you via e-mail that your wines are available to ship to your designated location. It is preferred that instructions to ship your wines to your designated location be indicated at the time of purchase or e-mailed to sales@westgarthwines.com within one (1) hour of ordering. When providing shipping instructions via e-mail, please include the Order Number of your purchase in the subject line of your e-mail. If shipping instructions were not provided at the time of purchase or within one (1) hour of ordering, then within thirty (30) days from the date of the notice that your wines have arrived at the Westgarth Wines warehouse, you shall provide Westgarth Wines instructions to ship your wines from the Westgarth Wines warehouse to your designated location. Westgarth Wines will not ship any wines until you have provided instructions and confirm that wines may be shipped to your designated location. Please be advised that Westgarth Wines does not have earthquake insurance, and as such, we recommend that you provide prompt instructions and confirmation to have the wines delivered to you shortly after they have arrived at the Westgarth Wines warehouse.
In the United States, alcohol shipping laws are constantly changing. Westgarth Wines will make reasonable efforts to adhere to specific shipping instructions provided by you. Westgarth Wines will make every effort to deliver wines to you, however, it is your responsibility to ensure that delivery of the wines is in compliance with your local laws. It is also your responsibility to find an alternative for delivery should one be necessary. If, at the time of delivery we are unable to legally deliver wine to you, and no alternative may be found, your order will be cancelled, and a 100% refund of your payment will be issued. Commercial trucking companies may be arranged for large shipments.
Shipping Insurance
Westgarth Wines charges 1% of the wine’s price for breakage and loss insurance which covers the loss of the package and/or the breakage of any bottles whilst in transit and up to the time of delivery to your designated location. Westgarth Wines is not liable for any damage, including temperature damage, to the wines in any form that may occur whilst in transit.
Storage
If, after 30-days from the date of the notice that your wines are available to ship, we have not received any instructions from you, your wines will immediately be placed into storage under Westgarth Wines’ name and you will be billed in arrears for storage for 12-months. It will be your responsibility to obtain insurance for your wines that are held in storage. Westgarth Wines does not carry earthquake insurance. If your wines remain in storage for more than 12-months with no instructions, you will then be considered to have forfeited your wines and Westgarth Wines shall sell your wines and issue 80% of the profit from such sales to you.
If you wish to store wines at the Westgarth Wines warehouse, please contact Westgarth Wines at sales@westgarthwines.com or 310 310 7600.
No Guarantee
As the character of the wine changes with age and responds directly to its environment and how it is cared for, Westgarth Wines is unable to guarantee the "drinkability" of every bottle sold, nor can Westgarth Wines be present to enforce such a guarantee. We can, however, guarantee that all wines are cared for professionally and properly stored in our facility from the time of acquisition.
Westgarth Wines does not partake in the manufacture and/or production of the wines but is simply a third-party broker of the wines. Accordingly, Westgarth Wines is not accountable for “corked” wines or any other form of tainting and/or contamination of the wine which may occur at the time of its manufacture. Issues regarding the manufacture, production, and/or labeling of the wines should be directed towards the manufacturer/producer of the wines.
To make your experience with Westgarth Wines enjoyable and to further assist you in your wine selection, we are happy to discuss your contemplated selections and provide photos of the wines before you complete your purchase. We are always open and honest and strive to provide our clients with the best experience. Please contact us if you have any questions about our policies regarding guarantees and drinkability.
Taxes/Duties/Fees/Tariffs
Sales taxes are charged for all orders shipped to addresses in California, including to storage facilities in California. In addition to the base price of the wine, you are also responsible for any and all applicable sales/shipping taxes/duties/fees/tariffs (hereinafter “Additional Costs”) at the time of importation of the wines into the United States and shipment of the wines to their designated location. At checkout you will have the option to pre-pay the estimated Additional Costs or pay the Additional Costs 10-15 days before the wines are imported into the United States. Any changes in the amount of Additional Costs at the time of importation will be your responsibility to fulfill prior to importation. Any overpayment of the estimated Additional Costs will be refunded to you. Failure to pay the additional costs will result in the forfeiture of the purchased wine, and no refund will be issued.
Passage of Title
The policies and procedures of the sale and transportation vary worldwide. In the State of California, title to, and ownership of, all wine passes from seller to buyer upon purchase, and buyer takes all responsibility for shipping the wine to his or her designated location. By placing an order through Westgarth Wines, you authorize Westgarth Wines to act on your behalf to arrange the transportation of the wine and other goods to your designated place of delivery. Westgarth Wines makes no representation as to the legal rights of anyone to ship or import any wines, alcoholic beverages, or other goods to any location. You warrant that you are solely responsible for the shipment of wine and other goods purchased and for determining the legality and the tax/duty or other additional costs of having the wine and other goods shipped or imported to your designated place of delivery. Any shipment that is seized or destroyed due to violation of shipping laws or common carrier policy is not refundable.
Warranties and Liability
By placing an order with Westgarth Wines, the buyer accepts that the warranties specified in this Agreement takes precedence over any and all other warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, title, and non-infringement. While Westgarth Wines makes a diligent effort to assess the condition of and shall know the provenance of any wine it sells, Westgarth Wines makes no warranty, express or implied, about the wine being sold, except the conveyance of clear title to the wine and, to Westgarth Wines’ knowledge, that the wine is what its label purports it to be.
The Westgarth Wines Website is provided on an "as-is" and "as available" basis. No representations or warranties of any kind are made, express or implied, as to the operation of the Westgarth Wines Website or the information, content, materials, or products, product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability included herein. Westgarth Wines does not warrant or make any representations regarding the accuracy, completeness, reliability, suitability, or application of the content on the Westgarth Wines Website, including the information, text, graphics, links, or other items contained within the Westgarth Wines Website. The Westgarth Wines Website may include inaccuracies, errors, or omissions. Westgarth Wines has no obligation to update, correct, or clarify the content contained in the Westgarth Wines Website, except as required by law. You expressly agree that your use of the Westgarth Wines Website is at your sole risk.
To the full extent permissible by applicable law, Westgarth Wines disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose as they pertain to the Westgarth Wines Website. Westgarth Wines does not warrant that the Westgarth Wines Website, its servers, or e-mails sent from, or on behalf of, the Westgarth Wines Website are free of viruses or other harmful components. To the maximum extent permitted by applicable law, in no event shall Westgarth Wines be liable for any damages of any kind arising from the use of the Westgarth Wines Website, including, but not limited to direct, indirect, incidental, punitive, special, consequential, or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Westgarth Wines Website, the provision of or failure to provide services, or any information, products, services, and related graphics obtained through the Westgarth Wines Website, or otherwise arising out of the use of the Westgarth Wines Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Westgarth Wines has been advised of the possibility of damages.
As some state/jurisdictions do not allow limitations of implied warranties or the exclusion of limitation of certain damages, the above limitations may not apply to you, and you might have additional rights.
Indemnification
You agree to indemnify, defend, and hold harmless Westgarth Wines, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners, and employees, from any loss, liability, cost, expense, penalties, damages, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Westgarth Wines Website in violation of the Agreement and/or arising from a breach of the Agreement and/or any breach of your representations and warranties set forth in the Agreement. Westgarth Wines reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Westgarth Wines in asserting any and all available defenses.
Dispute Resolution
Should there be any controversy, claim, action, or dispute that may arise out of any transaction, use, or service of the Westgarth Wines Website, or the breach, enforcement, interpretation, or validity of this Agreement, or any part of it, the party asserting such dispute shall first make good faith efforts to informally settle the dispute. The asserting party must provide written notice of the dispute to the other party by registered mail, which describes the facts and circumstances (including any relevant documents) of the issue at hand and the relief sought (hereinafter “Notice”). The asserting party shall allow the receiving party thirty (30) days from the mailing of the Notice to respond. Notice shall be sent to:
Westgarth Wines
475 Washington Blvd.,
Marina del Rey, CA 90292
Unless indicated explicitly in the Notice, Westgarth Wines shall respond to your Notice using your last used billing address or the billing and/or shipping address in your account profile.
Should no resolution result, you and Westgarth Wines agree that the dispute be resolved through binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration rules then in effect in the State of California before a mutually agreed upon arbitrator. Arbitration shall proceed on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
Force Majeure
Westgarth Wine shall not be liable for any failure or delay in performing obligations under the Terms and Conditions that is due to any of the following causes, to the extent beyond its reasonable control: as acts of God, or events beyond the control of the parties, including, but not limited to riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, nuclear, chemical, or biological contamination, explosions, collapse of building structures, fires, floods, storms, earthquakes, natural catastrophes, natural disasters or extreme adverse weather conditions, any act or omission of a third party, breakdown of communication facilities, breakdown of webhost, breakdown of internet service provider, governmental acts or omissions, changes in laws or regulations, national strikes, or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing.
Applicable Laws
The Westgarth Wines facility is located in the State of California. The Westgarth Wines Website is controlled, operated, and administered within the State of California. The Westgarth Wines Website may be viewed throughout the United States of America and worldwide. You are responsible for compliance with all local laws. You agree that you will not use the Westgarth Wines content accessed through www.westgarthwines.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Intellectual Property
Content published on the Westgarth Wines Website is the property of Westgarth Wines, and is protected by copyright laws. All information contained on the Westgarth Wines website, whether registered or unregistered, including but not limited to, the data, text, trademarks, service marks, trade names, graphics, artwork, photographs, logos, icons, sound recordings, videos, and the look and feel is the exclusive intellectual property of Westgarth Wines. Nothing on the Westgarth Wines Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on the Westgarth Wines website, without prior, written permission from Westgarth Wines. Other products and company names mentioned on the Westgarth Wines Website may be the intellectual property of their respective owners.
Links to Third-Party Websites
The Westgarth Wines Website may contain links to websites owned or operated by parties other than Westgarth Wines. Such links are provided for your reference only. Westgarth Wines does not monitor or control outside websites and is not responsible for their content. Westgarth Wines’ inclusion of links to an outside website does not imply any endorsement, sponsorship, affiliation, or association of the material on its website. Westgarth Wines does not imply that it is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.
Miscellaneous
All information on this website is accurate and true to the best of Westgarth Wines’ knowledge, but there may be omissions, errors, or mistakes. Westgarth Wines is not liable for any damages due to any errors or omissions on the website, delay, or denial of any products, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking information, and any other system failure or misuse of information or products.Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Westgarth Wines and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Westgarth Wines with respect to the Westgarth Wines Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Privacy Policy
Westgarth Wines values the privacy of its customers. Visiting the Westgarth Wines website or sending e-mails to Westgarth Wines constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that Westgarth Wines provides to you electronically, via e-mail, on the Westgarth Wines Website, or by any other electronic means, satisfy any legal requirement that such communications be in writing.
We will not divulge your personal information outside of the company except in the unlikely event of a court order. Should you request your e-mail address be removed from our mailing list, we will do so immediately. Unless you request otherwise, we may occasionally allow our affiliates to let you know what they are doing.
Westgarth Wines collects cookies on our Website to capture information about page visits. This information is anonymous and is used internally to improve the content we provide to our visitors and to advertise to potential new customers. Information from the cookies is used to gauge page popularity, analyze traffic patterns on the Westgarth Wines Website and guide development of other improvements to the Westgarth Wines Website.
If you believe you received a solicitation or communication from any other entity as a result of registering at Westgarth Wines or signing up for our e-mail distribution, please contact us immediately.
09/07/2020
