Terms & Conditions
Updated June 2022
Welcome
At Raconteur Fine Wines, LLC, doing business as Company Fine Wines (“CFW”) we aspire to offer a world-class experience to our guests. In order to do so, we must require you to accept our binding Terms & Conditions. We may refer to anyone using, registering, visiting or taking advantage of any of the features, functions, offers or links made available, on or through our website (“Website”), as “you” or “your” in our Terms and we may refer to CFW as “we”, “us” or “our”. By using our Website you agree to be bound by our Privacy Policy and these Terms & Conditions, and all the rules, conditions, policies, disclaimers, limitations and other terms (collectively, the “Terms”) that are made available to you on our Website, as they may be added to or amended from time to time, we may refer to collectively as your agreement with us (“Agreement”). Additional policies, terms, and conditions applicable to certain CFW services, specific areas of our Website, or to particular content or transactions, may also be posted on our Website and together with these terms, will govern your use of that content. Our Website is for your personal use to enhance your experience with us. By using our Website and services, you signify your acceptance of the Agreement, including, without limitation, all the Terms. If you do not agree completely with the Agreement, your only remedy is to discontinue use of our Website. We also reserve the right to modify this Agreement at any time and without any limitation and without notice to you. YOUR CONTINUED USE AFTER ANY MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE CHANGES TO THE AGREEMENT AND YOUR CONSENT TO COMPLY WITH THE CURRENT TERMS OF THE AGREEMENT.
We Respect Your Privacy
Click here to see our Privacy Policy.
Use of Website
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; we reserve the right to cancel and terminate your account without notice due to any breach of our Terms by you. You agree not to engage in any improper abusive or illegal conduct in association with your use of our Website.
Trademarks
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Website are the registered and/or unregistered Trademarks of CFW, or such third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of CFW or such third party that may own the displayed Trademarks.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website ("Content") are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Website are solely for your purchase of CFW products for personal use, information, education, entertainment, and communication with CFW. You may view, download for caching purposes only, and print Content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. ALL CFW INTELLECTUAL PROPERTY RIGHTS ARE RESERVED.
User Content
In this Agreement, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.
Buying from Us
Legal Requirements
Subject to applicable laws, individuals must be twenty-one (21) years of age or older in order to use the Website. If you are under the age of twenty-one (21) or do not agree with these Terms, please do not use this Website. You must be twenty-one (21) years of age or older to order or receive alcoholic beverages from CFW. Receipt of shipments containing alcoholic beverages requires the signature of an adult who is twenty-one (21) years of age or older and not intoxicated.
Online Orders
All online orders must be paid in full at the time of purchase. The standard forms of payment for online orders are Visa, MasterCard, and American Express.
Minimum Purchase
No minimum purchase is required.
U.S. States Authorized for Direct Shipment
Due to the changing nature of wine shipping laws, we may be able to ship wines, directly or indirectly, to all U.S. states except Alabama, Arkansas, Delaware, Kentucky, Mississippi & Utah. If CFW is unable to ship directly to your location, we may be able to arrange for the sale and shipment of our products through a third party. Please note, when dealing through a third party, wine prices, discounts, and shipping costs may differ from those quoted by CFW.
Shipping Costs
FedEx Overnight, or UPS Next Day is CFW’s carrier of choice (common carrier). Ground shipping is available at the request of the client at current market rates.
Wine is a Delicate Commodity
Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. CFW recommends that wine be shipped via refrigerated transportation, particularly in extreme weather conditions, and promptly collected and stored. CFW is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.
Pricing and Other Errors
Prices and availability of product and services are subject to change without notice. An estimate of the total cost of your order is available in your shopping cart, including any applicable tax, delivery or other fees. The final cost will be available for your review prior you complete your order.
While we strive for accuracy in the pricing displayed on this Website and the other product information we provide, errors can occur. In cases where such errors do occur, we expressly reserve the right not to honor pricing errors on this Website when accepting an order online. In the case where an order placed online contains a pricing error, you will be contacted.
Product Availability
We offer top-quality vintages of special and everyday wines from only the best producers. Because we serve both collectors and customers new to wine, our product availability may differ and vary on our Website or via our app. You can always contact us directly to see if a particular wine is available for immediate purchase or is otherwise able to be procured for your collection.
Warranties
THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." CFW MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS WEBSITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND CFW MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEBSITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO CFW EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, CFW DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
CFW RESERVES THE RIGHT TO ALTER OR REMOVE WEBSITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND CFW WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
General Provisions
YOU HEREBY RELEASE, DISCHARGE AND COVENENT NOT TO SUE US, OUR PARTNERS, ADMINISTRATORS, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND VOLUNTEERS, OTHER PARTICIPANTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DEMANDS ON ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY YOUR USE OF THE WEBSITE AND YOUR ACTIVIES IN CONNETION WITH THE WEBSITE, IN CONNECTION WITH ANY BREACH BY YOU OF THIS AGREEMENT, OR THROUGH VIOLATION OR ALLEGED VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES OR ORDERS OF ANY GOVERNMENT AUTHORITIES IN CONNECTION WITH YOUR USE OF THE WEBSITE.
The Terms will remain in effect until you notify us that you no longer wish to use the Website, or you cease using the Website. Notwithstanding anything in these Terms to the contrary, the parties understand and agree that all terms and conditions that may require continued performance, compliance, or effect beyond the termination date of the Terms will survive termination of the Terms and will be enforceable by the parties. CFW may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Website, if in CFW's sole discretion, you fail to comply with any provision of the Terms.
These Terms will be governed by and construed in accordance with the laws of the State of California, and any disputes relating to these terms and conditions will be subject to the courts in Napa County.