Conditions of Use
This website is owned and operated by Graileys, Inc., a California/Texas Corporation, doing business as Graileys Fine Wines.
THESE TERMS AND CONDITIONS, AS MAY BE MODIFIED IN ACCORDANCE WITH SECTION GENERAL LEGAL, PARAGRAPH iv, Modification of Terms, GOVERN USE OF THIS WEBSITE. PLEASE READ ALL TERMS CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING PRODUCTS OR SERVICES FROM Graileys. Your use of this website or purchase of any product or service from Graileys constitutes acceptance of these Terms by you ("User" or "Customer").
User agrees not to:
Attempt to access this website or any of its content if User is under the legal drinking age of the jurisdiction from which User accesses this website
Upload, post or otherwise transmit through or to this website any content that is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable; might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements
Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website, its computer systems, servers or networks
Provide false information about User to Graileys, impersonate any other person, or otherwise attempt to mislead others about User's identity or the origin of any content, message or other communication
Collect information about other visitors to the Graileys website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses
Sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Graileys
Legal Age Requirement
Wines may be sold and delivered only to a person who is at least 21 years old. Customer represents that: (1) Customer is at least 21 years old; and (2) the person to whom any wine will be delivered is also 21 years old. At the time of delivery, any domestic U.S. shipment arranged by Graileys containing an alcohol beverage product will require the signature of an adult possessing identification proving he or she is at least 21 years old. Further U.S. law requires that no delivery shall be made to a visibly intoxicated person.
Confirmation of Purchase
For wine currently available for purchase, Customer may order online, over the phone, or by sending an email. However, no order shall be considered confirmed until Customer has fully paid by credit card. Other forms of payment include wire transfer, cashier’s check, money order, cash, or PayPal. Any form of payment other than credit card will require an invoice or written confirmation from Graileys to secure/guarantee the purchase.
Passing of Title of ownership to Customer
Title (ownership) of a wine purchase is transferred from Graileys to the Customer when the purchase has been fulfilled to Customer's account by warehouse operations. "Fulfilled" means that the ownership transfer has been recorded in the Graileys accounting system and that the customer has access to that information in their account at www.graileys.com.
Ground/Air Shipments – Title is transferred when the wine is in the possession of the carrier and a tracking number has been generated.
Pickups – Title is transferred when the customer has left the warehouse with the wine in their possession.
Hand deliveries – Title is transferred when the customer takes possession of the wine. Should the recipient of the delivery be someone other than the person that directly purchased the wine, Graileys must have a commitment in writing that releases the wine to the appointed recipient. Graileys will not be liable for any lost or damaged goods after the title has changed hands to the appointed recipient.
Please note: Unless Customer has already obtained wine insurance coverage through his/her insurer or elects optional insurance from Graileys, WINE IS NOT INSURED ONCE IT IS FULFILLED.
It may occur that Graileys is unable to deliver the quantity or bottle sizes originally sold to a Customer. From the date an invoice is produced for the Customer, Graileys guarantees it will attempt to repurchase the wine from another source, including at its own greater cost (up to 25% over the retail price paid by Customer) to fulfill its commitment to Customer. If after three months from initiating its search, Graileys has not purchased the wine from another source, Graileys will refund the purchase price plus 25% (net of any applicable sales tax) which shall complete its obligation to Customer. If, however, Customer wishes to cancel the order prior to the foregoing three-month period without waiting for a replacement to be found, the refund will be for the original amount paid (i.e., without any premium added or cancellation fee applied).
Condition of goods
While Graileys shall make a diligent effort (including physical inspection) to assess the condition of any wine it sells, it is not possible to know the complete provenance of every wine, especially older vintages. However, Graileys provide a 100% return policy within 90 days of the invoice date for all purchases that are returned in the condition in which the wine was purchased. This excludes wine that has been opened, stored improperly, shipped in conditions of excess heat or cold, label tears, stains, and bin scuffing. In addition, Graileys will, upon request, share the known information on provenance and condition with Customer as a consideration in Customer's decision to purchase a wine.
Graileys charges sales tax on products purchased and shipped, delivered or otherwise transferred to a Customer within the state of California/Texas. Graileys may charge additional sales tax if the tax rate changes between the date the order is placed and the fulfillment date. Tax rates are calculated base on the delivery address zip code.
Graileys does not charge sales tax on freight charges paid by Customers, but is required to charge sales tax on handling fees and packaging materials for orders shipped within the state of California/Texas.
Price Changes & Availability
All prices associated with wine offers to Customer, whether through the website, email, or other means, are subject to change without notice. Availability of wine is subject to Graileys purchased stock or such lesser amount as Graileys may decide. Graileys is not responsible for typographical errors or technology malfunctions and reserves the right to correct any errors in pricing without penalty to Graileys or Customer. Graileys also reserves the right to set minimum and maximum purchase quantities and to rescind order which violates such rules without penalty.
Occasionally, computer system issues, human errors, process faults, or other causes result in unintentional offers appearing on our website. Graileys reserves the right to correct such unintentional offers and to rescind any orders which may have been placed that are associated with them by refunding the Customer's money. Unintentional offers include, without limitation, offers of wine for sale that Graileys does not have in stock or on pre-arrival, offers at incorrect prices and misestimates of pre-arrival dates.
Disclaimers/Limitations of Liability
Customer purchase and use of any product from Graileys is at Customer's risk. To the extent fully permitted by law, neither Graileys nor any other party involved in creating, producing, or delivering products is liable for any direct, indirect, incidental, consequential or punitive damages arising out of Customer access to, or use of, Graileys products or goods purchased through use of Graileys service. Unless expressly granted by these Terms, all goods are sold "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
General Legal Copyright
Customer should assume that everything seen or read on this website received through related services, or downloaded from Graileys servers, is protected by copyright unless otherwise stated and may only be used according to these Terms. Graileys does not warrant or represent that Customer use of materials displayed on this website will not infringe rights of third parties that are not owned by or affiliated with Graileys. The use of these materials by Customer, or anyone else authorized by Customer, is prohibited unless specifically permitted by these Terms. Any unauthorized use of such materials may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Graileys, Inc., its affiliates and others. Customer misuse of the Trademarks displayed on this website, or any other use of content displayed on or included as part of the website, except as provided herein, is strictly prohibited. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website without the written permission of Graileys or such third party that may own the Trademark.
Customer agrees to release Graileys from any liability for any damage, injury or loss, monetary or otherwise that Customer incurs as a result of either Customer's or another party's use of Graileys website, services, products or third party references, except as expressly described herein. Graileys expressly disclaims any liability for any damage, injury or loss, monetary or otherwise, that Customer incurs through reliance upon the accuracy and completeness of information provided by Graileys website, Graileys employees, contractors, third party content providers, licensors or information attendant to or included in any of the services provided by Graileys.
Modification s of Terms and Agreements
Graileys, Inc. may at any time revise these Terms by updating the same at its website(s). When Graileys updates these Terms, Graileys will also revise the "Last updated" date which will be noted on Graileys site (click here). Customer is bound by any such revisions and should therefore review changes highlighted by such notices carefully.
This Agreement is governed by and construed in accordance with the laws of the United States of America and the State of California/Texas without regard to its conflicts of law provisions. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. If Customer uses this website from other locations, Customer is responsible for compliance with local laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
Customer hereby agrees that any cause of action arising out of or related to this website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The other party will respond in writing with a statement of its position on, and recommended solution to, the dispute. If such dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to negotiate or arbitrate, remains unsettled following such negotiation, the matter shall be determined by arbitration in San Francisco/Dallas, California/Texas, before a sole arbitrator, in accordance with the rules of the American Arbitration Association. The arbitrator shall allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party, against the party who did not prevail. The parties hereby agree, however, that the arbitrator is not empowered to award damages in excess of those specified above and hereby expressly waive and forego any right to punitive, exemplary or similar damages in arbitration.