TERMS & CONDITIONS
Welcome to Driver Wine Company, LLC (www.corkandsaber.com) the website for Cork & Saber. The terms “Cork & Saber,” “Driver Wine Company, LLC,” “www.corkandsaber.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
GENERAL TERMS AND CONDITIONS
Your use of this website is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of this website shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated at any time and from time to time with or without notice to you. Your continued use of this website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in San Diego County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
THE SALE OF ALCOHOLIC BEVERAGES
We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age to provide alcohol to a person under the age of 21, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
OUR SALES POLICY
ALL SALES ARE FINAL: Per California State Law, alcohol returns can only be accepted if the product is spoiled or otherwise unfit for consumption, or purchased in error (for example: double billed or a technical glitch). All customers that purchase wine are to legally remain accountable for their orders and are therefore non-refundable by federal and California state law.
All wine is sold in California, and title passes to the buyer in California. We make no representation relative to your right to import wines into your state or county. The customer, by placing an order, warrants to us that he/she is aware of and in compliance with the laws governing said shipment into his/her area.
All California orders are subject to sales tax, no exceptions. If Driver Wine Company, LLC (www.corkandsaber.com) failed to add sales taxes when the order was placed, Driver Wine Company, LLC (www.corkandsaber.com) reserves the right to correct and collect any sales taxes due.
Driver Wine Company, LLC (www.corkandsaber.com) assumes no liability for wine damaged due to poor weather during transport. This includes leakage, freezing, and/or corks pushing. Please be aware of shipping conditions before placing your order.
Due to individual state restrictions we currently cannot ship to these states: Louisiana, Massachusetts, Mississippi, New Hampshire, Utah, Kentucky, North Dakota, Illinois, Iowa & Pennsylvania.
There is a 10% re-stocking fee applied to any orders cancelled after 24 hours of purchase
Wax capsules: Chipping of wax may occur and bottles will be sold without discounted pricing available. All sales are final.
Customer is solely responsible for shipment of wines. Unless you instruct us otherwise, you agree that we shall arrange, on your behalf and responsibility, shipment with a common carrier to make the delivery. We reserve the right to determine the propriety of shipping instructions and may refuse to ship if we deem it inappropriate or unsafe (example: extreme weather). If shipment is returned for any reason other than Driver Wine Company, LLC (www.corkandsaber.com) error, the customer must pay any additional shipping required, except in instances when the wine received is flawed or damage to shipment has occurred in route.
Someone 21 years or older must be present to receive and sign for any package from us which contains alcohol.
If your area is too hot or too cold, Driver Wine Company, LLC will store your in-stock purchases for future shipment. The 90 days are free, as we figure that should get you into some cooler (or warmer) weather. After 90 days Driver Wine Company, LLC (www.corkandsaber.com) will bill for additional storage time at the rate of $5.00 per 12 bottle case per month until said product is shipped.
A 10% restocking/cancellation fee will apply, at our discretion, for any alterations to "hold" orders. If "hold" wines are damaged due to an Act of God natural disaster, Driver Wine Company, LLC (www.corkandsaber.com) cannot be held responsible. Please allow us at least 48 hours prior notice before you would like your product shipped. This hold option is only available on individual orders of 6 bottles or more; or those that selected our build a case option.
For our older wines we generally source straight from trusted importers/suppliers/cellars. That being said we will strive to insure these older vintage wines are in pristine condition . However, be advised that for red wines that are ten years or older and whites five years or older, it is the industry standard and the policy of Driver Wine Company, LLC (www.corkandsaber.com) that such wines are purchased at the buyer's risk. Caveat emptor.
For technically flawed wines such as youthful wine that has become prematurely oxidized or "Corked": Our policy works on a case by case basis but for most cases we will cover you on the loss. In order to be properly compensated by our distributors and suppliers we will require that any flawed wine be sent back to us intact. Please place cork back in bottle securely with wine still inside and call us to arrange a pickup of the bottle. We will not allow any returns on bottles if the wine is not present in the bottle being returned. We need to be able to prove the wine is flawed to receive and issue all related credits. If the wine being returned for being flawed is received and deemed a legitimate claim, Driver Wine Company, LLC (www.corkandsaber.com) will either replace the bottle (if still available) or issue the customer merchandise credit [in addition to covering all shipping charges to return said flawed wine].
CREDIT CARD CHARGES
Orders are by credit card only. We accept Visa, MasterCard, Discover and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. You have the option of keeping your card on file for future transactions.
In order to prevent fraudulent activity, we may ask that you scan and email us a copy of your drivers license and credit card. We reserve the right to refuse to ship to any customer whom we deem to be engaging in fraudulent activity.
ERRORS & OMISSIONS
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, we shall be held harmless for any such errors.
DISCLAIMER OF WARRANTIES
Although we endeavor to provide current, accurate and reliable information on our website, we do not warrant or make any representations regarding the events or the accuracy, reliability, or any use of information on this website. We do not warrant that your use of this website, or the operation or function of this website, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements. Your use of this website is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website. We and our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of this website. This website content provided “as is” and “as available” without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.
LIMITATION OF LIABILITY
in no event shall we and/or our suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with this website, the use or performance of this website, the delay or inability to use this website, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. If you are dissatisfied with any portion of this website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this website.
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 in its entirety.
GOVERNMENT WARNING: (1) According to the Surgeon General, women
should not drink alcoholic beverages during pregnancy because of the risk of
birth defects. (2) Consumption of alcoholic beverages impairs your ability to
drive a car or operate machinery, and may cause health problems.
Due to the recent Supreme Court ruling (Wayfair) on sales tax, Cork & Saber will now collect appropriate sales tax on all orders, regardless of where customers are located.