Damiani Wine Cellars - Terms of Use
Effective Date: June 3, 2024
Welcome to the Damiani Wine Cellars website (the "Site"). By accessing or using our Site, you agree to comply with and be bound by the following terms and conditions (the "Terms of Use"). Please review the following terms carefully. If you do not agree to these terms, you should not use this Site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time, and such amendments shall be effective immediately upon posting the amended Agreement on the Site. You agree to review the Agreement periodically to be aware of such modifications and your continued use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
2. Use of the Site
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
3. Age Requirement
You must be at least 21 years old to use this Site. By using the Site, you represent and warrant that you are at least 21 years old. If you are under 21, you are not authorized to use the Site and must exit immediately.
4. Intellectual Property Rights
All content, design, text, graphics, logos, icons, images, audio clips, video clips, downloads, interfaces, code, and software (collectively, the "Content"), and the selection and arrangement thereof, are the exclusive property of Damiani Wine Cellars, its licensors, or its content providers and are protected by U.S. and international copyright laws. Any unauthorized use of the Content may violate copyright, trademark, and other laws.
5. Trademarks
All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to Damiani Wine Cellars or other respective owners that have granted Damiani Wine Cellars the right and license to use such Marks. You agree not to use or display the Marks in any manner without the prior written permission of Damiani Wine Cellars or the owner of such Mark.
6. Product Orders
All orders placed through the Site are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred.
7. Shipping Policy
Adult signature required on all shipments. ID will be verified by delivery service.
8. Privacy Policy
Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy for more information on how we collect, use, and share your information.
9. Limitation of Liability
To the fullest extent permitted by law, Damiani Wine Cellars, its officers, directors, employees, affiliates, agents, licensors, and suppliers will not be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for loss of profits, use, data, or other intangibles, even if Damiani Wine Cellars has been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless Damiani Wine Cellars, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
11. Governing Law
This Agreement and your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
12. Contact Information
If you have any questions about this Agreement, please contact us at:
Damiani Wine Cellars
4704 State Route 414
Burdett, NY 14818
Phone: (607) 546-5557
Email: info@damianiwinecellars.com
By using this Site, you acknowledge that you have read these terms and agree to be bound by them.
