Terms

Welcome to https://wines.lastbottlewines.com the website for Last Bottle. The terms “Last Bottle,” “https://wines.lastbottlewines.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of this site's owner or its content/software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS site OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS site, ITS SERVERS, OR EMAIL SENT FROM THIS site ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS site, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

By placing an order on the LastBottleWines.com website, you submit that you are 21 years of age or older, and that you understand and agree to the Alcohol Beverage Control laws in your state.

The information contained in this website is for general information purposes only. The information is provided by LastBottleWines.com and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is therefore strictly at your own risk.

Dispute Resolution; Arbitration Provision

In the event of any claim or dispute between you and LastBottleWines.com related to your use of this website, your purchase of any goods or services from LastBottleWines.com, or any representations or statements by LastBottleWines.com to you, whether such claim arises out of statute, contract or tort, the claim or dispute shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party. Further, all such claims may be brought on an individual basis only, and not by way of class, collective, or representative action. Such disputes include without limitation disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocatbility or validity of the arbitration provision or any portion of the arbitration provision.

The parties shall agree on a single Arbitrator to resolve the dispute. The matter may be arbitrated either by the Judicial Arbitration Mediation Service or American Arbitration Association as selected by the party filing the claim. The arbitration shall be conducted in California or in the same city as the U.S. District Court closest to your billing address at the option of the party requesting arbitration. Any decision of the arbitrator shall be final and may be entered as a judgment in any court of competent jurisdiction. Unless the law requires otherwise, you and LastBottleWines.com will equally share in the cost of arbitration and each party shall bear its own attorneys fees and costs.

This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration and constitutes a waiver of your right to have your dispute resolved by a jury or in any other forum. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying LastBottleWines.com in writing of your desire to opt out of this Arbitration Provision within thirty (30) days of the date of your agreement toLastBottleWines.com Terms of Service, including this Arbitration Provision.

This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. If any portion of this Arbitration Provision, or the rules of the Judicial Arbitration Mediation Service or American Arbitration Association, are determined by the Arbitrator or by any court of competent jurisdiction to be unlawful, invalid or unenforceable, such portions shall be severed or modified so that this Arbitration Provision may be enforced to the greatest extent permissible under the law.

User Obligations

You agree not to do any of the following while using the LastBottleWines.com site:

- Intentionally or unintentionally violate any applicable law or regulation.

- Access, tamper with, or use nonpublic areas of the LastBottleWines.com site or LastBottleWine.com computer systems.

- Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

- Frame or link to the LastBottleWines.com site except as permitted in writing by LastBottleWine.com.

The Sale of Alcoholic Beverages

LastBottleWines.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. LastBottleWines.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from LastBottleWines.com is over the age of 21. You also agree that any alcohol purchased from LastBottleWines.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 LastBottleWines.com may prosecute you fully to the extent allowable by law.

Title and Ownership

Title to, and ownership of, all wine passes from LastBottleWines.com to the purchaser within the State of California. Purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, LastBottleWines.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from LastBottleWines.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this LastBottleWines.com site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of LastBottleWines.com. LastBottleWines.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this LastBottleWines.com site by anyone other than authorized LastBottleWines.com employees acting in their official capacities.

Parental Control Protections

As required by the Communications Decency Act of 1996, LastBottleWines.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. LastBottleWines.com does not sponsor or endorse any of these companies or their services.

Links

The LastBottleWines.com site may contain links to other web sites or resources. You acknowledge and agree that LastBottleWines.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the LastBottleWines.com site does not imply that FirstBottleWines.com endorses the linked site.

LastBottleWines.com reserves the right to change these terms and conditions
from time to time in its discretion.

No Responsibility to Sell Mispriced Products or Services

LastBottleWines.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. LastBottleWines.com shall have 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 canceled, LastBottleWines.com shall immediately issue a credit to your credit card account in the amount of the charge or offer a store credit.

All terms and conditions are applicable to the extent permitted by law.

Invite Policy

You may invite family and friends to our site as a way to promote the site and earn referral credits. Sweet! However, please refrain from opening multiple accounts to acquire referral credits. You cannot send multiple orders to the same address under different accounts to acquire credits. One invite per address. You cannot open multiple accounts using the same credit card but different names. If we find a customer has done any of this, all associated orders will be cancelled and the accounts will be blocked. Help us keep Last Bottle fun! *We have last judgment on all orders and can cancel if we feel the system is being abused.*

Return Policy

LastBottleWines.com generally cannot accept returns of wine in your possession longer than 6 months, as we have no way of knowing your specific storage conditions. We hope you understand. We will, however, review this on a case by case basis.

LastBottleWines.com guarantees the excellent provenance of the wine it sells. We will happily return, refund, credit, or exchange bottles that suffer from the following conditions:

Wine that is leaking on arrival.

Incorrect fulfillment (wrong vintage, etc.)

Shipping problems that are clearly the fault of the shipper or LastBottleWines.com

The Terms & Conditions posted on this site were updated on May 2, 2017.

Sales Tax

Due to the recent Supreme Court ruling (Wayfair) on sales tax, Last Bottle will now collect appropriate sales tax on all orders, regardless of where customers are shipping their purchases.