Terms of Sale
Covello Wines LLC (“COVELLO”) is a marketing agent for Heritage Road Vintners LLC (“HRV”) the licensed seller of wine on www.amarosewine.com (the “Website”). The following terms and conditions of sale (the “Terms of Sale”) govern your purchase of any product from the Website. Your purchase of any product from the Website constitutes acceptance of the following terms by you (“Customer”). Please read the Terms of Sale carefully before proceeding with your purchase. By completing your purchase from the Website, you accept and agree to be bound and abide by the Terms of Sale. If you do not want to agree to the Terms of Sale, you must not complete the purchase of any products from the Website.
LEGAL AGE REQUIREMENT
The sale of wine on the Website is offered and available to users who are 21 years of age or older. By purchasing wine from the Website, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not use the Website and/or purchase wine from the Website. Wines may be purchased and delivered only to a person in the United States who is at least 21 years old (“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 shipment in the United States arranged by HRV or its affiliates containing an alcoholic beverage product will require the signature of an adult possessing identification proving he or she is at least 21 years old. This means that an adult must be present at the time of delivery.
TITLE TO WINE
Title to and ownership of wine purchased on this Website passes from HRV to Customer in the State of California. The risk of loss for all purchased items also passes from HRV to Customer in the same manner and at the same time as title passes to Customer. For this reason, COVELLO and HRV assume no liability for wine damaged or lost for whatever reason, including but not limited to weather conditions and during transport.
PRICES
All prices of Amarose are subject to stock on hand unless otherwise stated. All orders are subject to HRV’s acceptance and HRV may refuse any order in its sole discretion.
SALES TAX POLICY
California sales tax, including local county taxes, will be applied to all wine purchased from the Website.
LIMITATION OF LIABILITY
Customer’s purchase and use of any product from the Website is at Customer’s risk. To the extent fully permitted by law, COVELLO, HRV or any other party involved in creating, producing, or delivering products from or through the Website is not liable for any direct, indirect, incidental, consequential or punitive damages arising out of Customer access to, or use of, COVELLO products or goods. IN NO EVENT WILL HRV, COVELLO, OR THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF ANY PRODUCTS FROM THE WEBSITE, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SHIPPING AND DELIVERY
HRV and COVELLO make no representation as to the rights of any person to transport alcoholic beverages across any state border. Customer takes all responsibility for the shipping of his or her wine to his or her home state or to the state of a third party. By placing an order on the Website, Customer requests and authorizes HRV to arrange through an independent third party for delivery of wine and other products purchased from the Website. In doing so, HRV is providing a service to and acting on behalf of Customer. Customer authorizes HRV to act according to Customer’s instructions to engage a third party, common carrier to ship Customer wine to destination zip codes where HRV is willing to make such arrangements. By utilizing this service, Customer represents that he or she is acting in a manner compliant with his or her state and local laws regarding the purchase, transport, and delivery of wine (or the state and local laws of the recipient if Customer’s purchase is a gift). Customer represents that he or she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine, and is legally entitled to take quantities ordered. HRV reserves the right to choose all procedures, packaging, and transporter of sold merchandise. HRV and COVELLO assume no liability for breach of any regulation by Customer. HRV and COVELLO assume no liability for any misinterpretation of the above provisions.
Due to direct shipping laws and regulations, HRV may be unable to arrange the shipment of wine by Customer to certain states or to prohibited “dry” 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, HRV may change the states and regions to which it is able to arrange shipments at any time and without notice to Customer.
Customer is responsible for all carrier fees, duties, and customs charges incurred in shipping purchases to Customer’s desired shipping address(es). Shipments cannot be delivered to PO boxes or postal codes. Once a wine shipment leaves the third-party delivery service’s warehouse, the date and location of delivery cannot be changed. If the delivery service is unable to deliver your wine to the address you designate during checkout on this Website for whatever reason, you will be solely responsible for the additional cost to arrange for the redelivery of your wine to your designated address.
RETURNS
Customer will be permitted to return defective, physically damaged, or mistakenly delivered products to HRV within three (3) months of receipt of such products in accordance with HRV’s corporate return policy. Customer will be required to return any defective products, such as “corked” wine, to HRV for HRV to address appropriately, in its sole discretion. Products damaged in transit to Customer, including due to weather conditions, shall be the sole responsibility of Customer. HRV reserves the right to refuse to sell products to any Customer HRV deems, in its sole discretion, to have abused HRV’s return policy with prior orders.
CHANGES TO THE TERMS OF SALE
COVELLO and HRV may revise and update these Terms of Sale from time to time in their sole discretion. All changes are effective immediately when posted.
Your purchase of any products from the Website following the posting of revised Terms of Sale means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
INDEMNIFICATION
Customer promises and agrees to indemnify, defend and hold HRV, COVELLO, and their officers, directors, members, affiliated entities, employees, contractors and agents, harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (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: (a) any act by or omission of Customer, his or her agents or employees, or allegations made upon such acts or omissions, relating to or affecting any products sold to and shipped on behalf of Customer by HRV in accordance with these terms; (b) any inaccuracy or any representation made by Customer in connection with the transactions contemplated by these terms; (c) any claims brought or asserted by any third party against Customer for any products sold by HRV to Customer and shipped in accordance with Customer’s instructions and per these terms; or (d) Customer’s violation of these Terms of Sale or (e) Customer’s use of the Website, Customer’s use of the Website’s content, services and products other than as expressly authorized in the Terms of Use or Customer’s use of any information obtained from the Website.
QUESTIONS
All communications relating to your purchase of products from the Website should be directed to: contact@amarosewine.com.
Last updated: October 4, 2021