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.


Copyright
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 First the Wine, Inc. The collective work includes works that are licensed to First the Wine, Inc. Copyright 2003, First the Wine, Inc 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 First the Wine, Inc or purchasing First the Wine, Inc 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 First the Wine, Inc or to purchase First the Wine, Inc 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 First the Wine, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of First the Wine, Inc used in the site are trademarks or registered trademarks of First the Wine, Inc


Warranty Disclaimer
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, First the Wine, Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. First the Wine, Inc 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. First the Wine, Inc 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
First the Wine, Inc 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 First the Wine, Inc 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.


Typographical Errors
In the event that a First the Wine, Inc product is mistakenly listed at an incorrect price, First the Wine, Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. First the Wine, Inc 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, First the Wine, Inc shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
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 First the Wine, Inc 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.


Notice
First the Wine, Inc 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 First the Wine, Inc.


Miscellaneous
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 First the Wine, Inc 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 First the Wine, Inc products) must be commenced within one (1) year after the claim or cause of action arises. First the Wine, Inc'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. First the Wine, Inc 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 First the Wine, Inc 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.


Participation Disclaimer
First the Wine, Inc 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, First the Wine, Inc 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, First the Wine, Inc 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 First the Wine, Inc in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless First the Wine, Inc, 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.


Third-Party Links
In an attempt to provide increased value to our visitors, First the Wine, Inc may link to sites operated by third parties. However, even if the third party is affiliated with First the Wine, Inc, First the Wine, Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of First the Wine, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, First the Wine, Inc 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).

OUR TERMS of SALE
  1. Quantities are limited to stock on hand. Wines are sold on a first come first serve basis and after-hour email and phone orders will be taken into account at store opening the next day. Orders must be paid on confirmation of your order. Availability of all products is subject to phone and/or email confirmation. All email offers are valid for one week unless otherwise noted.
  2. Alcoholic beverages may be sold and delivered only to persons who are at least 21 years old. In placing your order, you represent to us that you are at least 21 years old and that the person to whom the wine is sold and/or delivered is at least 21 years of age as of the date of order and sale.
  3. Title and ownership of all wines and other products passes from First the Wine to the purchaser in the state of California and the purchaser takes all responsibility for the shipping of it from The First the Wine, 8383 Wilshire Blvd, Suite 800, Beverly Hills, CA 90211 to the purchaser’s address. By facilitating transportation of the wine, First the Wine is providing a service to, and acting on behalf of the purchaser. By utilizing this service from First the Wine, the purchaser is representing that they are acting in a fashion compliant with their local and state laws regarding the purchase, transportation, and delivery of wine. The purchaser represents that they have obtained any required permission, paid any required fees or taxes, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered. First the Wine only uses shippers that require the purchaser to provide proof of age at the time of delivery.
  4. All sales are subject to CA sales tax of 9% regardless of destination in the USA or buyer’s legal residence.
  5. First the Wine is not responsible for any breakage or damage of wine sent by common carrier to any party or individual. WE MAKE NO REPRESENTATION TO THE LEGAL RIGHTS OF ANYONE TO SHIP OR IMPORT WINES INTO ANY STATE OUTSIDE CALIFORNIA.
  6. First the Wine prices do not include shipping, handling, insurance or foreign duties.
  7. Futures/pre-arrival wine purchases are not available for immediate pick-up or delivery. We can provide only estimated arrival times for particular wines by phone: 323-937-9463.
Billing Information
Orders placed on this website are not final. Your credit card is not charged automatically. A charge is put on your credit card after the product has been packed and the order is deemed complete. Please note that all credit cards are verified. You must provide a billing address that corresponds to the credit card you are using. If the billing address does not match the credit card you will be informed and the order will not be processed until we hear from you.

Links
First the Wine Site may contain links to other web sites or resources. You acknowledge and agree that First the Wine 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 First the Wine Site does not imply that First the Wine endorses the linked site.

Gift Cards
Gift Cards must be redeemed through First the Wine website or in-person at First the Wine (picture ID required), toward the purchase of in-stock products as displayed on First the Wine website. Gift Cards cannot be used to purchase Gift Cards. Gift Cards are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. The original expiration date will apply to any unused balance. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift Cards cash value is 1/10 of one cent. Gift Cards and their use on First the Wine website are subject to First the Wine’s general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift Cards. If you have any questions, please contact us. First the Wine will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Card is either redeemed through First the Wine website or is redeemed and used to make purchases on First the Wine website.

No Responsibility to Sell Mispriced Products or Services
First the Wine 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. First the Wine 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, First the Wine shall immediately issue a credit to your credit card account in the amount of the charge.

Protection of Content
All text, graphics, logos, icons, images, audio clips and software on the First the Wine Site ("Site Content") are copyrighted materials owned by or licensed to First the Wine. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of First the Wine or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the First the Wine Site.