Terms of Service

Purchase
By placing an order online or by placing and accepting a verbal order Westgarth Wines sells wine subject to the following terms and conditions. Upon receipt of full payment into our bank or once payment has been captured from a card payment we will purchase the wine from our suppliers, if not already purchased as soon as is reasonably possible, within 28 days of receipt.

Orders unpaid 7 days after being placed will be canceled.

All customers assert and affirm that they are at least 21 years old. 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 most locations, it is illegal for anyone under the age of 21 to attempt to purchase alcohol. Westgarth Wines will comply with any legal entity in the prosecution of anyone under the age of 21 attempting to buy alcohol.

Title to, and ownership of, all wine passes from seller to buyer in the State of California, and buyer takes all responsibility for shipping the wine to his or her home state. By placing an order, buyer authorizes seller to act on buyer’s behalf in arranging for transportation of the wine at the buyer’s direction. Seller makes no representation as to the legal rights of anyone to ship or import any wines, alcoholic beverages or other goods into any state. The buyer warrants that he or she is solely responsible for the shipment of wine and other goods purchased and for determining the legality and the tax/duty consequences of having the wine and other goods shipped to the applicable destination. Any shipment that is seized or destroyed due to violation of shipping laws or common carrier policy is not refundable.

Shipping
In the United States, alcohol shipping laws continually change. If at the time of delivery, we are unable to legally deliver wine to you, we will cancel your order and refund 100% of your payment if an alternative may not be found. It is within our sole discretion whether we can legally ship you wine.

Westgarth wines will endeavor to follow specific shipping instructions. Such instructions should be indicated at time of purchase or Emailed to info@westgarthwines.com within 1 hour of ordering. For large shipments, commercial trucking companies can be arranged.

Shipping Insurance
Breakage and loss insurance we charge at 1% of the wines price. This will cover the loss of the package whilst in transit and or the breakage of any bottles whilst in transit it reported at time of delivery. We shall not be liable for any temperature damage in any form.

Taxes
Sales tax is charged for all orders shipped to addresses in California, including to storage facilities in California or picked up at our facility. Sales taxes may be charged for shipments into other states where such laws apply.

Warranties and Liability:
By placing an order with Westgarth Wines, the Buyer accepts that the warranties specified in this contract are in lieu of any and all other warranties, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. While the Westgarth Wines makes a diligent effort to assess the condition of and shall know the provenance of any wine it sells, the Company makes no warranty, expressed or implied, about the wine being sold, except that the Company is conveying clear title to the wine and, to Westgarth Wines's knowledge, the wine is what its label describes it to be. Specifically, because wine by its nature is subject to change in the bottle over time, Westgarth Wines makes no warranty or guaranty of the quality or drinkability of any wine sold. If Westgarth Wines, for any reason, is unable to fulfil the order to the Buyer, the Westgarth Wine’s sole obligation and the Buyer’s sole recourse shall be a refund of the purchase price.

This site 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 this site or the information, content, materials or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, this site's owner disclaims all warranties, express of implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site's owner does not warrant that this site, its servers, or Emails sent from this site are free of viruses or other harmful components. This site's owner will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

Certain state laws do not allow limitations or implied warranties or the exclusion of limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.