Terms of Sale
TERMS OF SALE
Thank you for shopping at Forster Venture LLC’s (the “Company”) website, www.thewinecoach.com. We appreciate your business!
“You”, “you” and “your” refer to each entity or individual that purchases goods and/or services (“Product” or “Products”) from thewinecoach.com. (“the Site”).
ACCEPTANCE OF THESE TERMS:
BY PURCHASING PRODUCTS FROM THIS WEB SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THIS TERMS OF SALE, AS WELL AS THE COMPANY’S TERMS OF USE POSTED ON ITS SITE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
Legal Drinking Age Required
You must be of legal drinking age to access this Site or purchase from the Company. The Company does not sell or serve alcohol to persons under the age of 21. You swear and affirm that you are over the age of 21. The Company makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. You agree that any alcohol purchased from or received by you from representatives of the Company 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, the Company will prosecute you fully to the extent allowable by law.
Government Warning Concerning Health Consequences of Consuming Alcohol
You acknowledge that there is a government warning concerning the health effects of consuming alcoholic beverages:
Government warning: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Drink responsibly.
PRODUCT DESCRIPTIONS AND SOLE REMEDY
The Company does not warrant that the product descriptions or photographic/video representations are accurate, complete, reliable, current, or error-free. Products displayed on the Site are available only while supplies last. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site. If any Product you purchase from the Company is not as described, your sole remedy is to return the Product in unused condition for a refund. Returns must be made within 14 days of purchase to receive a refund.
If you have any questions regarding a purchase or if you do not recognize a charge on your billing statement, please contact us by way of the means provided on our “Contact Us” page.
PRICING:
The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. For purchases made outside of the U.S., your pricing might vary or be subject to import/export taxes or duties, for which you are fully and solely responsible.
RISK OF LOSS
All shipments of Products purchased from the Company are accomplished pursuant to a direct shipment from the Supplier in accordance with the Supplier’s shipping contract. Unless otherwise specifically stated by the Supplier, this means that the risk of loss and title for such Products pass to you upon delivery of the Product to the carrier.
PAYMENT METHODS
The current payment methods available are: credit or charge cards from Visa, MasterCard, American Express, Discover; debit cards with the Visa or MasterCard logo; and PayPal. Orders are processed only after a billing address, or other billing information, has been verified.
DELIVERY AND TAX
Separate charges for shipping and handling may apply. If there are separate charges, such charges will be shown on your order form.
If the Company determines your purchase is subject to sales or other tax, a separate charge for taxes will be shown on your order form.
RESALE
The Company sells its Products to customers for non-commercial use. Unless specifically stated otherwise with regard to a particular Product, you may not resell the Product.
LIMITED WARRANTY AND DISCLAIMER
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, we and our suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
LIMITATIONS OF LIABILITY
THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived or purchased from the Web Site to either a foreign national or a foreign destination in violation of such laws.
JURISDICTION, VENUE, STATUTE OF LIMITATIONS
This Terms of Sale shall be governed by the laws of the State of Maryland, USA, without reference to its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to this Web Site, the Terms of Sale, or the Services of the Company shall be filed exclusively in the state or federal courts located in Talbot County, Maryland, and you hereby consent and submit to the personal jurisdiction of such courts.
You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Web Site, this Terms of Sale, or the Services of the Company must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.
INDEMNIFICATION
You agree to defend and indemnify the Company and its employees and suppliers from any claim or demand, including reasonable attorney’s fees, arising from your failure to comply with these Terms, your violation of any law or of the rights of a third party.
ADDITIONAL TERMS
If any provision of this Terms of Sale is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Terms of Sale, and any part of such provision not held invalid or unenforceable shall remain in effect.
If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Terms of Sale, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified.
Notwithstanding anything herein to the contrary, the “Limited Warranty” and the “Limitation of Liability” language shall survive the termination of this Terms of Sale.
The provisions of this Terms of Sale will inure to the benefit of and be binding upon the Company and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.
You and the persons you represent may not assign your rights and obligations under this Terms of Sale without the express prior written consent of the Company, which may be withheld by the Company in its sole discretion.
The Company may assign this Terms of Sale and its rights and obligations under this Terms of Sale without your consent or the consent of any persons you represent.
THE COMPANY’S FAILURE TO ENFORCE ANY PROVISION OF THE PURCHASE TERMS OR TO ACT WITH RESPECT TO A BREACH OF THE PURCHASE TERMS BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF THE COMPANY’S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF THE COMPANY’S RIGHT TO ENFORCE SUCH PROVISION.
Nothing contained in this Terms of Sale shall be deemed to constitute either party as the agent or representative of the other party, and no joint venture or partnership relationship has been created between the parties.