Terms Of Service
Terms Of Service
RESTRICTION: TO USE THIS SITE, YOU MUST BE 21 YEARS OF AGE OR OLDER, THE LEGAL DRINKING AGE IN THE UNITED STATES. IF YOU ARE NOT OF LEGAL DRINKING AGE, PLEASE EXIT THIS SITE IMMEDIATELY.
Welcome to SingleThread Wine’s Web Site, WWW.SINGLETHREADWINE.COM (the “Site”). SingleThread Wine (“we”, “us” or “our”) provides the Site and the information and services offered on the Site (the “Service”) to you, subject to the following Terms of Service (“TOS”). By using the Site, you agree to be bound by these TOS. We may, in our sole discretion, modify these TOS with or without notice to you. Please continue to periodically review these TOS when using the Site. By continuing to access and use the Site after these TOS have been modified, you are agreeing to such modifications. In addition, when using particular services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time, including, without limitation, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the services or features. All such guidelines or rules are hereby incorporated by reference into these TOS.
Age Verification
All customers assert and affirm that they are at least 21 years old. SingleThread 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. Singlethread Wines will comply with any legal entity in the prosecution of anyone under the age of 21 attempting to buy alcohol.
Location of Sale
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 from California 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. 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.
Quality of Products Sold
SingleThread Wines undertakes a commercially reasonable effort to qualify that wines purchased on the Site are in excellent condition, or such other condition that is stated in the products listing, and such product(s) will remain in the stated condition at time of delivery if it is shipped by the method recommended by SingleThread Wines, within the laws of the state into which it is shipped and is accepted on the first delivery attempt. If you receive a bottle of wine for which the condition is not excellent or which does not match the description, please notify us at support@singlethreadwines.com within 24 hours. SingleThread Wines cannot accept return of any bottle of wine that has been opened or altered nor any bottle of wine that has been out of its possession for more than 30 days.
“Excellent Condition” attestation is based on the age of each wine. For bottles less than 20 years old, “Excellent Condition” includes the following characteristics: base neck fill or better (fill within 3 cm of the bottom of the cork if the bottle has no shoulder), no sign of seepage or cork failure, relatively clean and undamaged label and capsule. Good wine color. Small nicks or marks on the label or capsule do not count against excellent condition. For wines over 20 years old, top shoulder fill or better (within 4 cm of bottom of cork if bottle has no shoulder), relatively intact label and capsule. Good wine color. Modest label or capsule nicks, tears, moisture stains, mildew stains, discoloration or oxidation does not count against excellent condition for wines of this age. Older white wines often take on a golden or orange color. Older red wines often take on a brick tone. Such color change does not count against excellent condition if it is consistent with the wine variety and the age.
For high-value bottles of older wine, we can provide digital photos. Please contact support@singlethreadwines.com
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL OBTAINED FROM OR THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION
Binding Arbitration
The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to the TOS or the Service, including, without limitation, any dispute with respect to this arbitration provision, any claim in tort, or any claim for violation of any federal, state or local statute, or ordinance or regulation (collectively, “Disputes”), shall be through confidential binding arbitration in Sonoma County, California. The arbitration shall be conducted by JAMS/Endispute (“JAMS”), whose rules applicable to such disputes shall be in force, and judgment or the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. There shall be one arbitrator to be mutually selected by the parties, and if the parties cannot so select, the arbitrator shall be appointed by JAMS. The fees of the arbitrator, administrative fees, and the other fees and costs of the arbitration, including, but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the parties to the arbitration in equal portions, and, in addition thereto, each such party shall advance the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case.
THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.
Waiver of Class Arbitration
To the fullest extent permissible under applicable law, all Disputes shall be resolved by confidential binding arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise (“Class Arbitration”). You further acknowledge and agree that any arbitrator assigned to a Dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By using the Site and the Service, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute subject to arbitration under this TOS, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.
GENERAL INFORMATION
These TOS constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These TOS and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of California. Any failure on our part to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
DRINK RESPONSIBLY
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.