Last Updated June 12, 2019
Welcome to sommcellarswine.com. This is the website of Somm Cellars Wine & Spirits and is operated by, Somm Cellars Partners, LLC and its affiliates (collectively "Seller," “We,” “Us” or “Our”). By using this website (the “Site”) you agree to these terms and conditions.
These Terms and Conditions are subject to change at any time and from time to time at our discretion and without notice other than on this Site. You agree to revisit these Terms and Conditions to check for notices and agree you shall be deemed to have received notice of any revised terms posted here.
By using this Site you state, represent and warrant that you are 21 years of age or older. By placing an order for wine or spirits, you state, represent and warrant that you are 21 years of age or older and covenant that your order will be received by someone 21 years of age or older; you acknowledge that adult signatures are required for all deliveries of wine or spirits and you agree to indemnify and hold harmless Somm Cellars Wine & Spirits, and Somm Cellars Partners, LLC, and its affiliates, owners, officers, agents and employees for any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees and costs, resulting from any breach of this provision.
Place of Sale
Title to, and ownership of, all wine passes from seller to buyer in the State in which the sale occurs, and you, as buyer, take all responsibility for the wine being transported from the state of sale to the buyer’s selected destination. By placing an order, you authorize us to act on your behalf in arranging for transportation of the wine at your direction and represent and warrant that such sale and transportation are for your personal use and comply with all applicable laws, rules and regulations including of your selected destination. Alternatively, you may choose to pick up the wine at Our location, or make independent delivery arrangements. Sales tax will be applied based on the laws of the Our location. We make no representation as to the legal rights of anyone to deliver or import any wines, alcoholic beverages or other goods into any state. You are solely responsible for the transport of wine, spirits and other goods purchased and for determining the legality and the tax/duty (or any other fee) consequences of having the wine and other goods delivered to the applicable destination.
Somm Cellar’s Policy on Consumer Transportation of Purchase Requirements
Our policy is to strictly observe all legal requirements on delivery that exist in New York, Connecticut and in other states. We require customers visiting our facilities in person or online, or who telephone, who buy wine and other items to either pick up their purchases at one of our licensed facilities, or to have their purchases delivered to themselves under such legal rights as may exist (and such rights change regularly – customers are strongly advised to know the requirements that apply to them) for them to take delivery of wine in the state or area in which they live. This legally permitted method of doing business involves the following steps (1) title legally (in accordance with the Uniform Commercial Code) transfers in the state of sale, where the goods are sold, (2) Seller files tax reports in accordance with state law in the state of sale, and (3) the bill of lading shows the customer (who directs the process of either picking up his or her wine or having it delivered in accordance with the customer’s legal rights) as the party directing the delivery. By placing an order and by directing seller to arrange shipment if the buyer’s selected destination is not in the state of sale, buyer covenants and agrees to remit any sales, use, gallonage taxes or any other amounts due of any kind for any applicable jurisdiction other than the state of sale.
Risk of loss, Damage, Breakage and Insurance
Because title transfers to you upon sale and we are not responsible for any breakage or damage of your goods by any carrier we have arranged to ship on your behalf. At your request, insurance will be arranged for 1.5% of the value of your order.
You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Us, and that the Convention for the International Sales of Goods (CISG) shall not apply thereto.
DISCLAIMER OF WARRANTIES.
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, NEITHER WE NOR ANY OF OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE AND, TO THE FULL EXTENT PERMISSIBLE BY LAW, WE HEREBY DISCLAIM AND YOU HEREBY WAIVE ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA OR IN CONNECTION WITH THE SITE ARE PROVIDED BY US WINE "AS IS" AND “WITH ALL FAULTS”
No listing of wines by any Seller or on sommcellarswine.com constitutes an offer to sell; any order you place through sommcellarswine.com, by email or over the phone will need to be confirmed by Seller before Seller accepts your order.
Some of the wines we list are rare and extremely limited. We will endeavor to fulfill your order but if we are not able to do so our sole obligation and your sole recourse is a refund of the purchase price. Prices are subject to change without prior notice. No order is complete until paid for in full. We are not responsible for typographical errors or other inaccuracies or omissions and shall not be obliged to sell mis-priced goods or services; in the event of typographical error, your only remedy shall be to cancel your order for a refund.
Mandatory Arbitration of all disputes Any dispute, controversy or claim arising out of or relating to this contract, the breach thereof, your use of our website, purchase of products or services from us, statutory rights or violations and any offers made or rescinded by us, shall be settled by arbitration administered by the American Arbitration Association, rather than in court (except that you may pursue any qualified claims in small claims court). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this agreement.
This means, in the event of a dispute:
- DISPUTES WILL NOT BE RESOLVED IN COURT
- DISPUTES WILL NOT BE SUBMITTED TO A JUDGE OR JURY
- THERE WILL BE NO CLASS ACTIONS OR CLASS ARBITRATIONS
- YOU AND WE WILL ATTEMPT TO RESOVE ANY DISPUTE AMICABLY
- FAILING AMICABLE RESOLUTION, ALL DISPUTES WILL BE RESOLVED BY INDIVIDUAL, BINDING, NON-CLASS ARBITRATION
If you have a dispute and have not been able to come to a satisfactory resolution with our customer service staff, you must submit your dispute to senior management by sending written notice to:
Somm Cellars Wine & Spirits
8 Riverside Boulevard
New York, NY 10069
If you and we are unable to resolve the dispute informally, in a mutually satisfactory way, either you or we may choose to resolve the Dispute through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such disputes arise in contract, tort, statute, or otherwise. US policy and the policies of many States, including California, New York, and New Jersey among others, favor settlement of disputes by arbitration rather than by use of courts.
The Rules can be obtained on the AAA website free of charge at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Either you or we may elect to resolve a particular Dispute through arbitration, even if one of us has already initiated litigation in court related to the Dispute, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
You and We agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.
All sales, whether placed through this website, by telephone, or in-store are final. We may, at our sole discretion, permit you to cancel an order before it has shipped, in which case we will charge you a restocking fee of 15% of the purchase price.
You agree to indemnify, defend, and hold Somm Cellars Wine & Spirits, Somm Cellars Partners, LLC, their owners, agents, affiliates, officers and employees harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and costs, arising in any way in connection with your use of the Site or the services thereon, your placement or transmission of any message, content, information, software or other materials through the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Use of this site
You shall use this site for lawful shopping purposes only. You shall not use the site in any unauthorized, illegal or criminal manner, including, but not limited to hacking into the site’s systems, spoofing or faking email headers, or slowing or stopping the functionality of the site, or in any way harm or degrade the site’s function.
If you register on the site, you shall provide true, accurate, and complete information about yourself as directed by the registration form. We reserve the right to terminate your account at any time and for any (or no) reason.
You are responsible for maintaining the confidentiality of your usernames and passwords and are responsible for all activities that occur under your account (including by anyone logged in without your permission). You agree to immediately notify us of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this agreement.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL WE BE RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, (INCLUDING WITHOUT LIMITING THE APPLICABILITY OF THE FOREGOING) IF THIS SITE SHALL HAVE BEEN HACKED OR INFECTED BY DAMAGED LINKS AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGED LINKS.
THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WEBSITES OR RESOURCES. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR, DIRECTLY OR INDIRECTLY, AND HEREBY RELEASE US FROM, ANY AND ALL DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE $500.00. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE, SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You agree that we may modify or discontinue this site with or without notice to you and that we shall not be liable to you or any third party should we exercise such right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the webpage in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
We strive to make this website accessible to the widest possible audience and follow general principles for usability and universal design, including: using CSS, supplying alternate text (alt tags) for images, and providing subtitles for video content.
If you have trouble accessing or using our website, or if you would like to share any feedback, please call us at 212-333-5400. Our staff can help you to buy any products listed on the site and give you all the information available here—and more! Even better, since all internet orders are subject to confirmation by Seller, telephone orders will give you at least equal access.
Copyright and Trademark Information
The content on this site (including the site’s design, text, graphics, interfaces, and the selection and arrangements thereof) is ©2020 Somm Cellars Partners, LLC (with all rights reserved) and/or third parties protected by intellectual property rights. Any use of Somm Cellars IP without the prior written permission of Somm Cellars Partners, LLC is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or their content contained without the prior written permission of Somm Cellars Partners, LLC.
If you believe that Somm Cellars Wine & Spirits or this site has used your work in a way that infringes your copyright, please provide Somm Cellars Partners, LLC with your written DMCA notice at the address below.
Somm Cellars Partners, LLC 1 Rockefeller Plaza Suite 1040, New York NY 10020
If any provision of these Terms and Conditions shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.