| Order Acceptance Policy |
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Customer’s receipt of an electronic or other form of order confirmation does not signify WCD Inc.’s acceptance of Customer’s order, nor does it constitute confirmation of WCD Inc.’s offer to sell. All orders are accepted in Stockton, California. WCD Inc. reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If a product is listed at an incorrect price due to typographical error or error in pricing information received from WCD Inc.’s suppliers, WCD Inc. shall have the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price whether or not the order has been confirmed and whether or not payment has been remitted. If payment has been remitted for the purchase and WCD Inc. cancels Customer’s order, WCD Inc. shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
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| Cancellation |
To cancel an order you had placed, you must notify us in writing by fax or e-mail, quoting your name, address and contact telephone number. Our company details and address for the purpose of postal notification of cancellation is:
Wine Cellar Doors, Inc. 1738 E. Alpine Ave. Stockton, CA 95205 Email: support@vinotheque.com The purpose of our cancellation policy is to allow the customer to withdraw from the purchase contract. However, there are certain important conditions and limitations. Please read them carefully: |
- Cancellation must be in writing by fax or email with confirmation. A telephone call is not sufficient.
- Order cancellations will not be accepted once the door has commenced production.
- Order cancellations will not be accepted for orders already shipped.
- Order cancellations will not be accepted for custom orders or for merchandise made specifically for customer's use. ALL SALES ARE FINAL FOR CUSTOM ORDERS, any deposits will be forfeited.
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| Payment Terms |
| Terms of payment are within WCD Inc.’s sole discretion and unless otherwise agreed to by WCD Inc., payment must be received or otherwise authorized or secured in a form approved by WCD Inc. prior to WCD Inc.’s acceptance of an order. Payment for the products will be made by approved credit card, or some other prearranged payment method agreed to by WCD Inc. Invoices are due and payable at the time of placing an order through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between WCD Inc. and the customer. WCD Inc. may invoice parts of an order separately. Orders are not binding upon WCD Inc. until accepted by WCD Inc. (see Order Acceptance Policy). Any quotations given by WCD Inc. will be valid for the period stated on the quotation. WCD Inc. reserves the right to adjust or cancel quotations as required. |
| Shipping |
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Shipping rates are for standard curbside delivery only and do not include any added services or special equipment. Re-consignment of freight in transit is the sole responsibility of the recipient and may cause additional charges to be paid. Customer is responsible to inspect freight for shortages or signs of damage upon receipt of goods. All freight loss and damage claims must be filed in writing with WCD Inc. within 48 Hours from the date the shipment was delivered. WCD Inc. shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported.
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| Estimated Lead Times |
| All written and verbal lead times are non-binding good faith estimates based on historical material availability? |
| Design Modification |
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All products included in this web site and offered for purchase may have modifications that differ slightly from photographic representation. The WCD Inc. will always send the same model as specified on the written order regardless of the photograph present on the work order. The photographs are for identification purposes only and the design of the door, glass, or finish may be changed without notice. Each door is hand crafted and may have characteristics of its own design.
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| State Sales Tax |
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We only collect California Sales Tax for orders made and shipped within CA; we do not collect sales tax for orders shipped to other states. However, you may be liable for sales tax to your state on the merchandise you receive. You may want to check with your state’s tax authority for “use tax” regulations.
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| Warranties |
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WCD Inc. makes no express warranties except those stated in this agreement and in WCD Inc.’s applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective. Use of product shipped constitutes acceptance.
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| Disclaimer |
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WCD INC. expressly disclaims all other warranties, guarantees or representations, whether express, implied, or statutory, including any implied warranty of merchantability or fitness for a particular purpose. WCD INC. also disclaims any implied warranty arising out of trade usage or out of a course of dealing or course of performance. WCD INC. does not warrant that all products comply with specific geographical compliance or regulatory restrictions. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
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| Limitation on Damages |
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WCD INC. does not accept liability beyond the remedies set forth herein. WCD INC. will not be liable for lost profits, loss of revenue or of business or other consequential, special, indirect, or punitive damages, even if they were foreseeable or if WCD INC. was advised of the potential of such damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of products or services, WCD INC. is not liable or responsible for any amount of damages above the agreeable dollar amount of damages about the aggregate dollar amount paid by the customer for the purchase(s) under this agreement. This limitation will apply regardless of the form of action (i.e. whether the lawsuit is in contract or in tort, including negligence).
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| Return and Exchange Policy |
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All sales are final. WCD Inc. monitors product shipments and provides customer assistance in the event of carrier problems or destination errors. For inquiries regarding damaged or defective products, please refer to the warranty that obtains for a specific product, or e-mail us at rbradley@vinotheque.com Prior to signing for receipt of goods, it is the customer’s responsibility to inspect the product packaging for any indication that damage to the product may have occurred in transit. Failure to do so can void damage claims.
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| General Provisions |
(a) Construction and severability. Every provision of these Terms and Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect.
(b) Governing Law/Choice of Forum. The laws of the State of California (without regard for conflicts of law) shall govern the construction and enforcement of these Terms and Conditions, except that the Terms and Conditions shall be interpreted as through drafted jointly by Vinotheque and the Purchaser. Any dispute will be resolved in a state or federal court situated in the County of Santa Clara, State of California, and the Purchaser hereby irrevocably submits to the personal jurisdiction of such courts for that purpose.
(c) Entire Agreement/No Waiver. These Terms and Conditions and the Limited Warranty incorporated herein by reference set forth the entire agreement between the parties and supersede all prior agreements or understandings, both written and oral, between the parties regarding the subject matter of this the Terms and Conditions and the Limited Warranty. The parties may modify this these Terms and Conditions or the Limited Warranty only through a writing signed by each. No waiver by Vinothèque of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
(d) Correction of Errors and Inaccuracies. These Terms and Conditions may contain typographical errors or other errors or inaccuracies. Vinothèque reserves the right to correct any errors, inaccuracies or omissions, and to change or update these Terms and Conditions, at any time without prior notice. |
| Questions or Additional Information |
If you have any questions regarding these Terms and Conditions, or wish to obtain additional information, contact us via phone at 1-800-343-9463 or please send a letter via U.S. Mail to:
Vinothèque Wine Cellars 1738 E. Alpine Ave Stockton, CA 95205 |