General Terms and Conditions
Using the Site constitutes your agreement to the terms and conditions listed below. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Site or any information or materials contained on this Site. Agnitio reserves the right to update or revise these terms at any time with or without notice to you. Please check this page periodically for changes. Your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Agnitio reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Agnitio Site may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Agnitio to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Agnitio in writing. These Terms and Conditions will inure to the benefit of Agnitio, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
Our website is created and maintained by Agnitio in the State of California, USA. Please be advised that the laws of the State of California and controlling United States federal laws govern these disclaimers, terms, and conditions without giving effect to any principles of choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Napa County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the Site. We reserve the right to make changes to our Site and these disclaimers, terms, and conditions at any time.
The Agnitio logo design, trademarks, icons and custom graphics are protected by Agnitio. By using this Site, you acknowledge that the content, images and products available on and through this Site (collectively, “Content”) are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Agnitio grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Agnitio. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Agnitio. Any unauthorized use terminates the permission or license granted by Agnitio. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Agnitio so long as the link does not portray Agnitio, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Agnitio logo, graphic, trademark or other proprietary information without express written permission. All other trademarks not owned by Agnitio that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Agnitio. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense.
From time to time, this Site may also include links to other websites. These links are provided for your convenience to provide further information. We have no responsibility for the content of the linked website(s).
Despite our best efforts, errors can and do occur and we sincerely apologize in advance for inaccuracies relating to product descriptions, pricing, and availability. Please understand that we reserve the right to correct errors and omissions without prior notice and to cancel any offered product or service in the event of an error or omission.
The Sale of Alcoholic Beverages
Agnitio does not sell alcohol to persons under the age of 21 and 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 affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from Agnitio is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from Agnitio 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, Agnitio shall have the right to take action against you or seek indemnification from you for any suit to which Agnitio may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Agnitio 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.
Sales and Shipping.
Our wine is offered for sale on this Site to adults of legal drinking age and only to states where shipping is permitted.
Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. Agnitio is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment.
All wines are sold in California and title passes to the buyer in California. Agnitio makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California. The buyer is solely responsible for shipment of wines. By placing an order, you are authorizing Agnitio to act on your behalf to engage a common carrier to deliver the items in your order.
Please note that Agnitio may not be able to ship wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. Agnitio will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Agnitio in its sole discretion believes that such shipment will not subject Agnitio to the risk of any sort of legal action or other harm. If a buyer lives in a state where the direct shipment of wine by Agnitio may violate the law, we will contact the buyer to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.
An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult aged 21 years of age or older will be present and available to sign for your shipment. Agnitio will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.
Agnitio does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.
Disclaimer of Warranties
ALTHOUGH AGNITIO ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE AGNITIO SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE AGNITIO SITE. AGNITIO DOES NOT WARRANT THAT YOUR USE OF THE AGNITIO SITE, OR THE OPERATION OR FUNCTION OF THE AGNITIO SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE AGNITIO SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. AGNITIO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE AGNITIO SITE. THE AGNITIO SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL AGNITIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGNITIO SITE, THE USE OR PERFORMANCE OF THE AGNITIO SITE, THE DELAY OR INABILITY TO USE THE AGNITIO SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AGNITIO SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AGNITIO SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AGNITIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AGNITIO SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AGNITIO SITE.
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