terms & Conditions
This website is owned and operated by Classic Wine Storage & Services LLC, doing business as Classic Wine and related entities (collectively, “Classic").
As a condition of use of this website, User expressly agrees not to use the website or other Internet services provided by Classic for any purpose that is unlawful or prohibited by these Terms. User agrees to abide by all applicable local, state, national, and international laws and regulations. User agrees that User is solely responsible for all acts or omissions that occur under User's account including the content of transmissions through Classic's service. Without Classic's prior written consent User may not reproduce, distribute, modify, create or display derivative works based on, repost or otherwise use the content of this website. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right.
User agrees not to attempt to access this website or any of its content if User is under the legal drinking age of the jurisdiction from which User accesses this website; upload, post or otherwise transmit through or to this website any content that: is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable; might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; contains any computer viruses or any other harmful programs or elements; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website, its computer systems, servers or networks; provide false information about User to Classic, impersonate any other person, or otherwise attempt to mislead others about User's identity or the origin of any content, message or other communication; transmit junk mail, chain letters, or other unsolicited bulk email or duplicative message; collect information about other visitors to Classic website(s) without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses; sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Classic; redistribute any content, including reviews, provided by Classic in any manner whatsoever including by means of printed publication, fax broadcast, mobile devices, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method; Classic reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.
Classic has not reviewed all of the sites that are linked to this website and is not responsible for the content of any off-site pages or any other sites linked to this website. User's linking to any other off-site pages or other sites is strictly at User's own risk.
Classic's right to terminate
Classic reserves the right to terminate access to Classic services and websites at any time. In such event:
- User is no longer authorized to access Classic.
- User will continue to be subject to and bound by all restrictions imposed on User by these Terms and
- All licenses granted by User and all disclaimers by Classic and limitations of Classic's liability set out in these Terms or elsewhere on Classic's websites or documentation will survive.
Termination by user
If User is dissatisfied with any portion of the service, or with any of these Terms, User's sole and exclusive remedy is to discontinue using the website. This Agreement is effective until terminated by either party.
Bottle (Wine) Shop
Legal age requirement
Wines may be purchased and delivered only to a person who is at least 21 years old in the U.S or such other minimum age as is required in non U.S. jurisdictions ("Legal Age"). Customer represents that: (1) Customer is at least of Legal Age; and (2) the person to whom any wine will be delivered is also of Legal Age. At the time of delivery, any domestic U.S. shipment arranged by Classic and not being placed into the Customer’s private storage locker and containing an alcohol beverage product will require the signature of an adult possessing identification proving he or she is at least 21 years old. Further U.S. law requires that no delivery shall be made to a visibly intoxicated person.
Confirmation of wine purchases
For wine currently available for purchase, Customer may order online, over the phone, or by sending an email. However, no order shall be considered confirmed until Customer has fully paid by credit card (or made other arrangements) and received an email or other written confirmation.
When title (ownership) passes from Classic to customer
Title to, and ownership of, all wine passes from seller to buyer in the State of Texas, and buyer takes all responsibility for shipping the wine from Texas 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. Alternatively, buyer may choose to pick up the wine at seller's location, or make independent shipping arrangements. Sales tax will be applied based on the seller's location. 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 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.<
Order and purchase cancellations
Orders cancelled prior to title passing to Customer will be charged a 20% fee on the value of a cancelled order. If title has already been transferred to Customer (including to Customer's storage account), a purchase is not cancellable.
Pre-arrivals and futures purchases
Wine sold by Classic may be offered on a pre-arrivals or futures basis. This means that Classic is not yet in physical possession of the wine at the time it is sold to Customer, even though Classic has a purchase commitment with a supplier that matches its sale to Customer. Most wines normally arrive within a few months of the purchase with some notable exceptions such as newly offered Bordeaux futures which may arrive as much as 2-3 years after they are initially offered. Upon the arrival of the wine and a satisfactory inspection by Classic, Classic will update the order status automatically and send an email notification to Customer.
The estimated time for a pre-arrival wine to arrive is displayed on the website when ordering. The time period indicated represents our best estimate based on information provided to us by our suppliers at the time of Classic's purchase or subsequently. Occasionally, the original estimate may be extended based on new information we receive. We understand this can be frustrating but Classic does not control all variables which affect timing of delivery. For example, a producer may defer a release beyond its original anticipated date. However, Classic shall not be liable for Customer expenses caused by delivery delays (e.g., credit card finance charges) as no promise of delivery by a given date can be made with certainty.
Guarantee of pre-arrival delivery
It may occur that a supplier of Classic is unable to deliver the quantity or bottle sizes originally sold to Classic which it has then sold to Customer. From the date such a supplier default is determined, Classic guarantees it will attempt to repurchase the wine from another source (for up to three months) to fulfill its commitment to Customer. If, however, Customer wishes to cancel the order without waiting for a replacement to be found, or Classic is unable to source the wine within 3 months at a total cost equal to or below the original retail price paid by Customer, Classic will refund the original amount paid, including applicable sales taxes (without any cancellation fee applied). This guarantee does not apply to delays in pre-arrival deliveries as expected arrival dates provided at the time of purchase are only Classic's best estimates.
While Classic shall make a diligent effort (including physical inspection) to assess the condition of any wine it sells, it is not possible to know the complete provenance of every wine, especially older vintages.
Wine guarantee and returns
If you are not satisfied with your purchase of fine wine from us, or we have made an error with your order, please email us immediately explaining the reasons for your dissatisfaction. Each situation will be reviewed on an individual basis in light of facts and circumstances of that case and resolved promptly. Other than for Classic errors, we generally cannot accept a return if title has been transferred to you for longer than 90 days because the passage of time generally limits our ability to recover credit from our supplier and we have no way of verifying your storage conditions.
Note that we may require you to return questionable bottles (including both opened and unopened ones) to us for evaluation and for possible return to our supplier. Such bottles must have the Classic-generated barcode label attached as proof that the wine came from us. Should we accept responsibility (in our sole discretion), we will either exchange bottle(s) or issue a credit towards future purchases (including round-trip shipping charges). Set forth below are examples of both valid and invalid reasons for returning wine, which are subject to Classic's investigation, review and final evaluation of the relevant facts and circumstances regarding a particular request for return.
Valid reasons for return include:
- Corked or flawed wine. The winery, not Classic, is the source of this problem but we understand it can be disappointing.
- Wrong wine was sent (e.g., different vintage than ordered)
- Bottle condition upon arrival was not consistent with our inspection guidelines.
- Wine is leaking upon arrival, spoiled or "cooked" (only if it was shipped in accordance with our shipping policy, we do not guarantee condition if you chose use standard shipping)
- Shipper errors - we'll file a claim against the shipper.
Invalid reasons for return include:
- You decide you don't want the wine after title has transferred to you.
- The wine is showing signs of damage after leaving our possession for reasons including without limitation adverse weather conditions during shipment delays caused by failed delivery attempts through no fault of the shipper, improper storage, or other forms of mistreatment.
- You don't like the wine.
- You received a gift from someone via Classic and want to exchange it.
- Wine shipped overseas, wine over 10 years old, and special order wines are final sale.
- Price changes and availability
All prices associated with wine offers to Customer, whether through the website, email, or other means, are subject to change without notice. Availability of wine is subject to Classic purchased stock or such lesser amount as Classic may decide. Classic is not responsible for typographical errors or technology malfunctions and reserves the right to correct any errors in pricing without penalty to Classic or Customer. Classic also reserves the right to set minimum and maximum purchase quantities and to rescind order which violates such rules without penalty. Occasionally, computer system issues, human errors, process faults, or other causes result in unintentional offers appearing on our website. Classic reserves the right to correct such unintentional offers and to rescind any orders which may have been placed that are associated with them by refunding the Customer's money. Unintentional offers include, without limitation, offers of wine for sale that Classic does not have in stock or on pre-arrival, offers at incorrect prices and misestimates of pre-arrival dates.
Disclaimers/Limitation of liability
Customer purchase and use of any product from Classic is at Customer's risk. To the extent fully permitted by law, neither Classic nor any other party involved in creating, producing, or delivering products is liable for any direct, indirect, incidental, consequential or punitive damages arising out of Customer access to, or use of, Classic products or goods purchased through use of Classic's service. Unless expressly granted by these Terms, all goods are sold "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Shipping, Pickup, And Delivery
Interstate shipping and alternatives
Due to direct shipping laws and regulations, Classic may be unable to arrange the shipment of wine by Customers to certain states or to prohibited regions within certain states. The regulations and court decisions affecting the interstate shipment of wine are in constant flux and can change at any time. Therefore, Classic may change the states and regions to which it is able to arrange shipments at any time and without notice to Customers. Customer may specify an ultimate destination zip code in any state. The Customer is solely responsible for importation of their wine into the jurisdiction of their shipping address and promises and agrees to indemnify, defend and hold Classic harmless from and against any and all claims, liabilities, and expenses (including taxes, interest, penalties, and attorney fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or in connection with:
- Any act by or omission of Customer, their agents or employees, or allegations made upon such acts or omissions, relating to or affecting the wine sold to and shipped on behalf of the Customer by Classic in accordance with these Terms and Conditions.
- Any inaccuracy of any representation made by Customer in connection with the transactions contemplated by these Terms and Conditions
- Any claims brought or asserted by any third party against Customer for any wine sold by Classic to the Customer and shipped in accordance with the Customer's instructions and per these Terms and Conditions.
Classic makes no representation as to the rights of anyone to import wine into any state outside of Texas. Customer authorizes Classic to act according to Customer's instructions to engage a common carrier to ship Customer wine to destination zip codes where Classic is willing to make such arrangements or to deliver Customer wine to a third party shipper hired and instructed directly by the Customer.
Customer is responsible for all carrier fees, duties, and customs charges incurred in shipping purchases to Customer's desired shipping address. To the extent that Classic provides estimates of shipping, duties, and custom charges, these should be considered to be estimates only. Upon request only, original wooden boxes associated with a purchase (if any) may be shipped separately from bottles by common carrier for an additional fee.
Care must be taken when shipping wine in adverse weather conditions. High temperatures may cause wine bottles to leak or extreme cold can freeze wine during shipment.
Scheduling pickups and deliveries
Wine may be picked up or delivered upon Customer request only. Classic shall not be responsible for typographical or clerical errors contained in instructions sent by Customer, whether by email to Customer Service, fax or letter, or for transcription errors for verbally transmitted instructions.
Wine prices and service rates are subject to change at any time, as may be posted on our website.
User should assume that everything seen or read on this website (or other Classic-owned websites), received through related services, or downloaded from Classic servers, is protected by copyright unless otherwise stated and may only be used according to these Terms. Classic does not warrant or represent that User use of materials displayed on this website will not infringe rights of third parties that are not owned by or affiliated with Classic. The use of these materials by User, or anyone else authorized by User, is prohibited unless specifically permitted by these Terms. Any unauthorized use of such materials may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Classic, its affiliates and others. User misuse of the Trademarks displayed on this website, or any other use of content displayed on or included as part of the website, except as provided herein, is strictly prohibited. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website without the written permission of Classic or such third party that may own the Trademark.
User agrees to release Classic from any liability for any damage, injury or loss, monetary or otherwise that User incurs as a result of either User's or another party's use of Classic website, services, products or third party references, except as expressly described herein. Classic expressly disclaims any liability for any damage, injury or loss, monetary or otherwise, that User incurs through reliance upon the accuracy and completeness of information provided by Classic's website, Classic employees, contractors, third party content providers, licensors or information attendant to or included in any of the services provided by Classic.
Suitability and fitness
User acknowledges and agrees that User has made his or her own inquiries as to the suitability and fitness of Classic for the purposes of providing the services described herein, and that User has not relied on any representations made by Classic or its representatives other than those described in this Agreement
Modification of terms
Classic may at any time revise these Terms by updating the same at its website(s). When Classic updates these Terms, Classic will also revise the "Last updated" date and notify User by email that the Terms have changed and what changes were made. User is bound by any such revisions and should therefore review changes highlighted by such notices carefully.
This Agreement is governed by and construed in accordance with the laws of the United States of America and the State of Texas without regard to its conflicts of law provisions. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. If User uses this website from other locations, User is responsible for compliance with local laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
User hereby agrees that any cause of action arising out of or related to this website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement supersedes all prior or contemporaneous terms or conditions, oral or written, between User and Classic with regard to use of this website or Classic services. 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.
User hereby agrees to defend, indemnify and hold harmless Classic and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, licensors and assigns (each a "Classic Party") against any and all claims, damages, costs, fines, penalties, liabilities, losses, attorneys' and other professional fees and disbursements, suffered, incurred by, or asserted against any Classic Party, including any amounts incurred or paid in settlement or any judgment of any action, suit, or proceeding brought under any statute, at common law, or otherwise, which arises under or in connection with:
- User use of Classic websites or Classic services;
- Customer purchase of goods and services pursuant to this Agreement;
Shipments or valuation or goods for shipping purposes;
- Any use or alleged use of User accounts or passwords by any person, whether or not authorized by User;
- The content, quality or performance of content that User submits to Classic websites;
- User connection to Classic websites;
- User violation of this Agreement; or
- User violation of the rights of any other person or entity, including without limitation intellectual property rights and rights of privacy and/or publicity except to the extent that such liability is the direct result solely of Classic's gross negligence or willful misconduct.
Classic reserves the right, at Classic's own expense, to assume the exclusive defense and control of any matter for which User is obligated to indemnify a Classic Party, and User agrees to cooperate with Classic's defense of these matters at no cost to Classic.
The foregoing obligations of User are hereinafter collectively referred to as "Indemnity Obligations." Indemnity Obligations shall survive, for a period of five (5) years, after the latest of a product sale or termination of Classic's services under this Agreement. Customer agrees to promptly tender any payments due to any Classic Party under or in respect of the Indemnity Obligations within five (5) business days following written demand by the Classic Party.
Disclaimers/Limitation of liability
User use of and any browsing of Classic's website(s), related Internet services is at User's risk. To the extent fully permitted by law, neither Classic nor any other party involved in creating, producing, or delivering the website is or shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of User access to, or use of, the website or related services. The material contained in this website may contain inaccuracies and errors. Classic does not guarantee that the functional aspects of the website will be uninterrupted or error-free or that this website or the server that provides them are free of viruses or other harmful components.
Dispute Resolution / Waiver of right to litigate in court
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The other party will respond in writing with a statement of its position on, and recommended solution to, the dispute. If such dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to negotiate or arbitrate, remains unsettled following such negotiation, the matter shall be determined by arbitration in Tarrant County, Texas before a sole arbitrator, in accordance with the rules of the American Arbitration Association. The arbitrator shall allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party, against the party who did not prevail. The parties hereby agree, however, that the arbitrator is not empowered to award damages in excess of those specified above and hereby expressly waive and forego any right to punitive, exemplary or similar damages in arbitration. The parties hereby agree to have all disputes, claims or controversies arising out of or relating to this Agreement decided by the negotiation and arbitration procedures described above, and waive any rights they might possess to have those matters litigated in a court or jury trial. Each party acknowledges that if it refuses to submit to negotiation and arbitration after agreeing to this provision, it may be compelled to arbitrate under federal or state law. Furthermore, each party acknowledges that none of the foregoing shall limit the parties' rights as described in this Agreement. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this section, without breach of this arbitration provision.
Any notice given under this Agreement or pursuant to law must be in writing and will be sufficient if personally delivered, sent by regular, certified or registered mail, email or website posting by Classic to this website. Notifications shall be sent to the physical or email address of record for Customer or, if to Classic, to 2875 Market Loop, Suthlake, TX 76092. Notice deposited in the mail in the manner hereinabove described shall be effective from and after the expiration of three (3) days after it is so deposited; email and website notifications shall be effective from and after the expiration of twenty four (24) hours.
Privacy and security of personal information
This Agreement, together with any separate sale agreement(s) related to services provided by Classic between the parties herein, and supersedes all prior negotiations, representations or Agreements, either written or oral. Any waiver of a right or duty afforded under this Agreement shall not be effective unless such waiver shall be in writing and signed by the party claimed to have given, consented to or suffered the waiver. This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Texas. In the event that any court of competent jurisdiction determines that any provision of this Agreement is unlawful or unenforceable, each and all remaining provisions of this Agreement shall remain in full force and effect. This Agreement will bind and benefit Classic and User, and their respective heirs, executors, administrators, successors, and permitted assigns.