TERMS AND CONDITIONS FOR THE SALE OF GOODS
Definitions. All defined or capitalized terms used in these Terms and Conditions for the Sale of Goods (these “Terms”) will have the meanings given such terms in the Terms and Conditions of Use Agreement, unless said terms are defined herein or unless the context clearly indicates to the contrary. For purposes of these Terms, “Goods” means the wine and other products available from time to time on Danica Rose Wine’s (DRW) website located at www.danicarosewine.com. These Terms are expressly incorporated by reference into the Terms and Conditions of Use Agreement. To the extent there is a conflict between the Terms and Conditions of Use Agreement and these Terms concerning the sale of Goods, these Terms will govern.
The Goods will be delivered, subject to availability, to the address provided by Buyer within a reasonable time after the receipt of Buyer's payment for the Goods. DRW shall not be liable for any delays, loss or damage in transit. DRW may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's purchase. If for any reason Buyer fails to accept delivery of any of the Goods or if DRW is unable to deliver the Goods because Buyer has not provided appropriate instructions or authorizations: (i) the Goods shall be deemed to have been delivered; and (ii) DRW, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). Non-Delivery.
The quantity of any installment of Goods as recorded by DRW on dispatch from DRW's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. DRW shall not be liable for any non-delivery of Goods (even if caused by DRW's negligence) unless Buyer gives written notice to DRW of the non-delivery within 10 days of the date when the Goods would in the ordinary course of events have been received. Any liability of DRW for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the receipt respecting such Goods to reflect the actual quantity delivered.
Delivery shall be made FOB origin using United Parcel Service (“UPS”) at UPS’ current market rates. Unless otherwise agreed to by DRW, Buyer is responsible for all shipping costs. DRW cannot ship direct to Alabama, Arizona, Arkansas, Delaware, Georgia, Kentucky, Oklahoma, Rhode Island, South Carolina, and Utah, and may not be able to ship directly to Mississippi, Guam, Puerto Rico, and the U.S, Virgin Islands. If DRW is unable to ship directly to Buyer’s state, DRW can arrange for the sale and shipment of its products through a third party. Please note, when dealing through a third party, wine prices, discounts, and shipping costs may differ from those quoted by DRW.
Amendment and Modification.
These Terms may only be amended or modified in a writing that specifically states that it amends these Terms and is signed by an authorized representative of each party. Inspection and Rejection of Nonconforming Goods. Buyer shall inspect the Goods upon receipt ("Inspection Period"). Buyer will be deemed to have accepted the Goods unless it notifies DRW in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by DRW. "Nonconforming Goods" means only the following: (i) Goods shipped are different from the Goods identified in Buyer's receipt; or (ii) the Good's label or packaging incorrectly identifies its contents. If Buyer timely notifies DRW of any Nonconforming Goods, DRW shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to DRW's facility located at 505 Hwy 169, Suite #255, Plymouth, MN 55441 If FV exercises its option to replace Nonconforming Goods, DRW shall, after receiving Buyer's shipment of Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. Buyer acknowledges and agrees that the remedies set forth in Section 6(b) are Buyer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 6(b), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to DRW.
Buyer shall purchase the Goods from DRW at the prices (the "Prices") set forth in DRW's website located at www.DANICAROSEWINE.com as of the date of Buyer's purchase. Buyer may change the Prices on any Goods at any time without Buyer’s consent. All Prices are inclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer.
By using Buyer’s credit card as the method of payment, Buyer agrees that it is authorized to use the credit card presented as a method of payment and that DRW is hereby authorized to charge Buyer’s credit card for the total Price. You must provide DRW with a valid credit card number and associated payment information including all the following: (i) Buyer’s name as it appears on the credit card; (ii) the credit card number; (iii) the credit card type; (iv) the credit card expiration date; and (v) any activation numbers or codes needed to charge Buyer’s credit card. If DRW does not receive payment from Buyer’s credit card issuer or its agent, Buyer will be responsible for an alternate payment arrangement and any results fees incurred by DRW. DRW shall be entitled to suspend the delivery of any Goods if Buyer fails to pay any amounts when due hereunder.