Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Products, Pricing, Payment Terms, Orders, Shipping, and Return Policy
All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. Enoteca Vino Nostro reserves the right, at any time, to modify, suspend, or discontinue any Web site feature or the sale of any Product with or without notice. We do not combine any offers. You agree that Enoteca Vino Nostro will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Web site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card account charged. If your credit card has already been charged for the order and we cancel your order, we will issue a credit to your credit card account account in the amount of the charge. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Enoteca Vino Nostro will automatically bill your credit card account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Enoteca Vino Nostro’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Enoteca Vino Nostro. All payments are non-refundable (except as expressly set forth in the Products and Pricing and the Orders Sections). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card account for the cancelled portion of the order. Any delivery dates provided by Enoteca Vino Nostro are estimates. Enoteca Vino Nostro reserves the right to make deliveries in installments. Enoteca Vino Nostro will send you an email when your order has shipped and you may review your order and shipping information on your Enoteca Vino Nostro My Account page. We will ship wine to the following states: AK, AZ, CA, CO, CT, DC, FL, GA, HI, IA, ID, IL, IN, IO, KS, LA, ME, MD, MI, MN, MO, MT, NC, ND, NE, NH, NJ, NM, NY, NV, OH, OR, RI, SC, TN, TX, VT, VA, WA, WI, WV, and WY. If you have any questions about your individual state's shipping policy in regards to alcohol, please contact customer service. Enoteca Vino Nostro will only accept returns on products that are identified on the Return Policy page as eligible for return. Once Enoteca Vino Nostro confirms that your Product was returned in accordance with the Return Policy, your sole and exclusive remedy is a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credits may only be used for future purchase of Products on the Web site (excluding gift cards) and are subject to the restrictions.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Enoteca Vino Nostro. The collective work includes works that are licensed to Enoteca Vino Nostro. Copyright 2003, Enoteca Vino Nostro ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Enoteca Vino Nostro or purchasing Enoteca Vino Nostro products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Enoteca Vino Nostro or to purchase Enoteca Vino Nostro products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Enoteca Vino Nostro. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Enoteca Vino Nostro used in the site are trademarks or registered trademarks of Enoteca Vino Nostro
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Enoteca Vino Nostro disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Enoteca Vino Nostro does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Enoteca Vino Nostro does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Enoteca Vino Nostro shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Enoteca Vino Nostro has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Enoteca Vino Nostro product is mistakenly listed at an incorrect price, Enoteca Vino Nostro reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Enoteca Vino Nostro reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Enoteca Vino Nostro shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Enoteca Vino Nostro without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Enoteca Vino Nostro may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Enoteca Vino Nostro.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Enoteca Vino Nostro products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Enoteca Vino Nostro products) must be commenced within one (1) year after the claim or cause of action arises. Enoteca Vino Nostro's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Enoteca Vino Nostro may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Enoteca Vino Nostro or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Enoteca Vino Nostro does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Enoteca Vino Nostro is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Enoteca Vino Nostro reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Enoteca Vino Nostro in its sole discretion.
You agree to indemnify, defend, and hold harmless Enoteca Vino Nostro, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Enoteca Vino Nostro may link to sites operated by third parties. However, even if the third party is affiliated with Enoteca Vino Nostro, Enoteca Vino Nostro has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Enoteca Vino Nostro. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Enoteca Vino Nostro seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).