Terms & Conditions
Effective Date: [1st Nov 2025]
1. Acceptance of Terms
By accessing or using the website located at wine41.com (the “Site”) and any services offered via the Site (the “Services”), you agree to be bound by these Terms & Conditions (the “Terms”). If you do not agree to these Terms, you must not use the Site or the Services.
2. Eligibility and Age Verification
You represent and warrant that:
- You are at least the legal drinking age in your jurisdiction (e.g., 21 years in many U.S. states) and you will not purchase alcoholic beverages if you are under the legal age.
- You are legally permitted to purchase and receive alcohol in your location (some jurisdictions prohibit direct-to-consumer shipping of alcohol).
- You understand that an adult signature may be required upon delivery and packages will not be left unattended if unavailable.
3. Orders, Acceptance & Payment
Submission of an order via the Site constitutes an offer to purchase the products selected. We may accept or reject that offer in our discretion.
- Payment is taken at the time of placing your order (or as otherwise specified).
- Accepted payment methods: credit cards (Visa, MasterCard, American Express, Discover) and any other method we list on the Site. Checks or money orders are not accepted unless explicitly stated.
- Pricing and availability of products are subject to change without notice. We reserve the right to cancel or refuse any order at our discretion (including due to errors in pricing or availability).
4. Taxes, Duties & Shipping
- You are responsible for all shipping, delivery, import duties, taxes, excise taxes and any other charges associated with the order to your shipping destination.
- Where required by law or site policy, we will collect applicable taxes at checkout.
- Shipping times are estimates. We aim to ship within [insert typical timeframe e.g., 72 hours] after payment is processed, but cannot guarantee delivery by a specific date.
- Risk of loss passes to you upon delivery. Title to products transfers to you once full payment has been received and the products are delivered.
5. Returns, Refunds & Damaged Goods
- Products may be returned only if they arrive damaged or defective. Claims must be made within [insert time period, e.g., 5 days] of receipt.
- To qualify, you must retain proof of purchase, keep the product sealed (unless removal is required for inspection), and provide photos or other documentation when requested.
- If we determine the product was damaged in transit or otherwise defective, we will offer replacement or refund at our discretion.
- We cannot accept returns of opened alcoholic beverages based on subjective dissatisfaction (unless required by law).
- Shipping costs for returns are your responsibility unless otherwise stated.
6. Use of Site & Account Responsibilities
- You are responsible for maintaining the confidentiality of your account login and any activity that occurs under your account.
- You must provide accurate, current and complete information when creating your account and placing orders.
- You must not impersonate others, use false identities, or use the Site for unlawful purposes.
7. Prohibited Uses
You agree not to use the Site for:
- Selling or reselling the products unless expressly permitted.
- Using the Site in violation of any applicable law (including those related to alcohol sales, age verification, customs/import rules).
- Circumventing or attempting to circumvent any geographic, age or other restrictions on the Site.
- Uploading harmful code, spam, or otherwise interfering with the Site’s operation.
8. Intellectual Property
- The Site and all its content (text, graphics, logos, images, audio, video, software) are owned by us or our licensors and are protected by copyright, trademark and other laws.
- You may view, download and print pages for your personal and non-commercial use only, provided you keep all copyright or other proprietary notices intact.
- You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, or in any way exploit the Site’s content without our prior written consent.
9. Disclaimers & Limitation of Liability
- The Site and Services are provided “as-is” and “as-available” without warranties of any kind (express, implied or statutory) including but not limited to merchantability, fitness for a particular purpose, non-infringement or error-free operation.
- We do not guarantee that the products will meet your expectations in taste, condition, ageing, appearance, or value (especially relevant for wine).
- To the fullest extent permitted by law, in no event will we or our affiliates be liable to you or any third party for any indirect, incidental, special, punitive or consequential damages (including lost profits or business interruption) arising out of your use of or inability to use the Site or Services.
- Our total liability for any claim arising from or related to these Terms or your purchase of products will not exceed the amount you paid for the products that gave rise to the claim.
10. Modifications to Terms
We may modify these Terms at any time by posting the updated version on the Site, and updating the “Effective Date” at the top. Your continued use of the Site after any changes constitutes acceptance of the revised Terms. It is your responsibility to review the Terms periodically.
11. Governing Law & Dispute Resolution
- These Terms and your use of the Site and Services shall be governed by the laws of [insert governing jurisdiction, e.g., State of Florida, United States], without regard to its conflict of laws rules.
- Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved exclusively via binding arbitration under [insert e.g., American Arbitration Association] rules (or alternative). You waive the right to a jury trial or class-action lawsuit unless otherwise required by law.
- If any part of these Terms is found to be unenforceable, the remaining portions will remain in full force and effect.
12. Age & Export/Import Compliance
- By placing an order you confirm you are of legal age to purchase and receive alcoholic beverages.
- You are responsible for compliance with all laws in your location regarding receipt and possession of alcohol, including import/export regulations, taxes and duties.
- We reserve the right to cancel or refuse any order if we believe the delivery might be unlawful or violate any restriction.
13. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, that provision shall be severed and the remainder of the Terms shall remain in full effect.
14. Entire Agreement
These Terms, together with the Site’s Privacy Policy (which you should review separately) and any order confirmation, constitute the entire agreement between you and us regarding your use of the Site and Services, superseding any other prior or contemporaneous communications or proposals.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Email: info@wine41.com
Address: 12401 SW 134th Ct, Unit 4, Miami, FL 33186
Attn: Legal/Terms Department