Terms & Conditions
Terms and Conditions
Use of the site & PROHIBITIONS
The Site allows you to shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) collecting information about users’ personal information; (d) maneuvering the price of any item (f) take any action that may damage the rating system.
For you to complete the sign-up and/or order process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup and/or order process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
Payments AND PROCESSES OF INVIOCES
Deluxe Wine Cellars has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Deluxe Wine Cellars prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, or paypal. Invoices are due and payable upon completion of an order. An order may be invoice separately. Deluxe Wine Cellars has all the discretion to cancel or deny orders. Deluxe Wine Cellars is not responsible for pricing, typographical, or other errors in any offer by Deluxe Wine Cellars and reserves the right to cancel any orders arising from such errors. Invoices must be paid in full prior to processing any orders.
Not happy with your order? No problem! Deluxe Wine Cellars offers a money back return policy. Our goal is for you to buy with confidence and for you to know that we are always here if there are any problems or issues with the products and services that we offer. We will not and do not try to build up any false expectations of our products or services are more than happy to answer and questions and/or concerns you may have. The best business is a return business and we want to stick to that.
Our return policy is that you may return or exchange an item within a period of thirty (30) days from original date of purchase. You must return the item prepaid, we will not refund original shipping cost. Please confirm the address before shipping out as the items won’t automatically return to us. Items being returned to our location must be marked as “Returned Merchandise” customer is responsible for the full cost of original shipping.
The item must be unused, in its original box and with all of the original packing materials. Otherwise Deluxe Wine Cellars reserves the right to refuse the return. All returns are subject to a 20% restocking fee.
For your extra protection, please insure the package when shipping it back to us. Deluxe Wine Cellars cannot be responsible for lost or damaged packages. All custom and special ordered products cannot be returned or exchanged.
**** BEFORE SHIPPING ANY RETURNS, PLEASE BE SURE TO CALL US FIRST AT 1-8XX-XXX-XXXX OR E-MAIL INFO@DELUXEWINECELLARS.CA TO GET AN AUTHORIZATION CODE!! DELUXE WINE CELLARS WITLL REJECT ALL RETURNED ITEMS WITHOUT AN AUTHORIZATION CODE.
Please note that if you are unable to accept delivery and the product is returned as “undeliverable” you will be charged for the return delivery as well as potential restocking fees.
For any orders where free shipping or a shipping credit is provided: if the product needs to be arbitrarily returned, you will be responsible for the Full Cost of Original Delivery as well as any return delivery charges and possible restocking fee. The Full Cost of Original Delivery will be determined by independent third party and will be applied to credit provided.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Deluxe Wine Cellars shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. You understand and agree that your use of this site is at your own risk.
Deluxe Wine Cellars will not be liable or warranty any damages, injuries or loss of life caused by misuse of our products and/or services. You understand and agree that the use of our products and/or services will be at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Deluxe Wine Cellars INC. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the Deluxe Wine Cellars to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of Ontario, Canada, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Ontario, to the exclusion of any other courts without giving effect to its conflict of law’s provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.