TERMS OF SALE

These Terms of Sale (the “Agreement”) constitute a legally binding Agreement by and between customer (“you” or “yours”) and Envoyer Imports, Inc dba Envoyer Fine Wines (“ENVOYER”). By placing an order with ENVOYER, you represent and warrant that you have read and understand and agree to be bound by this Agreement. (“You” and “ENVOYER” are hereinafter jointly referred to as the “parties”).

We are a licensed retailer of alcohol beverages in the state of California. Except for orders going to certain states listed below (“Permit States”) that allow retailers to directly ship product to consumers, title to and ownership of all alcohol beverages purchased from Envoyer passes from us to you in California and the wines are delivered to you in California.  California sales tax will be applied to these transactions. As accommodation, Envoyer will temporarily hold and store your wine for you until you arrange for pick-up by you or a designated person.

California law allows Envoyer to ship wine to its California customers. Additional applicable local taxes may apply to orders shipped or delivered within the state depending on the local jurisdiction.  These taxes are not included in the initial calculation of the sales tax at the time of order placement.

For orders going to a Permit State with which we have a direct-to-consumer shipping permit or shipping is otherwise authorized, title to and ownership of the product passes from us to you in accordance with that state’s requirements and sales and other applicable taxes may be applied based on the rules of the destination state.  This will only apply if Envoyer has obtained authority to ship wine directly to the purchaser.

Envoyer will list any states for which it has obtained a permit to ship direct-to-consumer on its website if and when Envoyer obtains them.

ELIGIBILITY

YOU MUST BE TWENTY-ONE YEARS OR OLDER TO PURCHASE AND RECEIVE WINE FROM ENVOYER. ALL DELIVERIES MUST BE SIGNED FOR, AND ACCEPTED BY, A PERSON TWENTY-ONE YEARS OR OLDER. PROOF OF AGE IS REQUIRED AT TIME OF DELIVERY. BY PLACING AN ORDER WITH ENVOYER, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual placing an order on behalf of a third-party further represents and warrants that they are authorized to act and enter into contracts on behalf of that third-party. This Agreement is void where prohibited by law.

“PRE-ARRIVAL” OR “WINE FUTURES”

Pre-arrival wines (aka wine futures) are wines that, at the time of sale, have not yet arrived in our warehouse. PROJECTED AVAILABILITY DATES FOR PRE-ARRIVAL WINES ARE ESTIMATES ONLY. ENVOYER HAS NO CONTROL OVER THE AVAILABILITY OF PRE-ARRIVAL WINES, AND ENVOYER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OR IN CONNECTION WITH A PRE-ARRIVAL WINE NOT MEETING ITS ESTIMATED AVAILABILITY DATE. You acknowledge and understand that new or additional federal, state or local taxes, duties, tariffs and/or fees may be imposed upon your purchase of a pre-arrival wine between order confirmation and delivery, and that you are solely responsible for such new or additional federal, state or local taxes, duties and/or fees.

CONSOLIDATE WITH EXISTING ORDERS

The customer may consolidate several separate  orders and arrange for pick-up when all the orders are ready.

ORDER FULFILLMENT

You may pick up products at our physical location in California during our regular business hours. If you are unable to pick up the wine yourself,  you may independently arrange to have your own preferred shipping company pick-up the wine to ship to you, or you may also opt to direct us to forward your wine to our independent partner storage/shipping company that offers shipping according to your direction.  We will temporarily store your wine in our temperature controlled facility pending your selection for fulfillment,

SHIPPING COSTS

 All shipping costs are the responsibility of the buyer.  The buyer is also responsible for any additional costs such as storage fees or delayed delivery fees that may be charged by the carrier you choose to use.  In addition, applicable sales taxes

REPRESENTATIONS

We make no representation as to the legal rights of any individual to deliver or import any alcohol beverages or other goods into any state.  You warrant that you are solely responsible for the transport of the purchased products and for determining the legality and tax/duty consequences of bringing the product to your chosen destination. 

REFUNDS 

ENVOYER is committed to  providing only the best products and services to its customers. If ENVOYER has made an error, or if you are dissatisfied with your purchase, please contact us immediately at (949) 861-8440 or via email at sales@envoyerfinewines.com, with your order information and the reason you are dissatisfied. ENVOYER reviews these requests on an individual basis and will contact you promptly upon receipt. Returns that are not the result of ENVOYER error are subject to a minimum 20% restocking fee. No returns are accepted 30 days after delivery. California state law prohibits the return of gifts and/or over-purchases of alcoholic beverages. 

PROBLEMS WITH THE ORDER

We allow customers 14 business days to notify Envoyer   if there is any problem with the customer’s purchase.

ORDER CANCELLATIONS 

All orders that are cancelled prior to  the customer picking up or arranged to pick up the product are subject to a minimum 20% restocking fee.

TITLE AND OWNERSHIP OF THE WINES

As described above, all ENVOYER wines are sold in California and, therefore, title to wines purchased by you from ENVOYER passes to you in California. Notwithstanding the foregoing, title to all wine remains with ENVOYER and will not pass to you until delivered to you, a third-party carrier on your behalf, or an off-site storage facility.

STORAGE OF WINES

ENVOYER will inform you when ENVOYER has received your wine.  ENVOYER is not in the business of storing wine. However, as an accommodation for our customers, ENVOYER will temporarily store your purchase in our temperature-controlled warehouse for a period not to exceed 90 days and will maintain insurance coverage for the purchase price of your wine until you are able to arrange pick-up of the order within the 90 day window.

LATE FEES/NOTICE OF ABANDONMENT/LIEN RIGHTS/SALE OF PRODUCT

At the conclusion of the 90-day period, you will be charged $10.00 per month per 12 bottle case (or less).  By entering into this Agreement with ENVOYER, you expressly agree to the same.  ENVOYER also expressly reserves the right to send your order to an offsite storage facility after 3 months, and to charge you for any and all costs of the offsite storage facility, and as well as all costs of insurance, and other reasonable costs and fees.  Moreover, should you fail to respond to ENVOYER’S notice that your purchase  has arrived after 3 months, ENVOYER shall serve a Notice of Abandonment to the Contact Information you have provided at the time of sale.  “Contact information” may include, but is not limited to a customer’s name, address, email address, phone number(s) and date of birth. 

The Notice of Abandonment shall be sent via email and by way of a reputable overnight mail/courier service.  Service of the Notice of Abandonment shall be deemed complete and effective upon the date the Notice of Abandonment is sent via email and the date sent via overnight mail.  The Notice of Abandonment shall specifically identify the inventory that ENVOYER is maintaining on your behalf.  You shall have fifteen (15) days from the date the Notice of Abandonment is emailed and sent via overnight mail to you in which to cure the Notice of Abandonment.  If you cure the Notice of Abandonment, a One Hundred Dollar ($100.00) late fee shall be assessed in addition to any storage costs that have accrued as referenced above.    

Should you fail to cure the Notice of Abandonment in its entirety, the abandonment shall be fully vested and your failure to cure, ENVOYER will have  a lien against your order/purchase  equal to all storage costs, insurance costs and late fees.  Your purchase will be subject to a claim of lien in favor of ENVOYER.  The abandoned  purchase will be itemized and may, in its sole discretion, be sold by ENVOYER to satisfy the lien of storage costs, insurance costs and late fees.  ENVOYER shall also be entitled to a 22% commission for the sale of the inventory, as well as all reasonable attorney fees and other charges which may by incurred.  ENVOYER will commence the lien sale no earlier than 30 days after the mailing of the Notice of Abandonment to you.  ENVOYER will send you an accounting.  Any surplus will be refunded to you at the last known Contact Information you have provided to ENVOYER. By entering into this Agreement, you expressly agree to the same.

IN-STATE CALIFORNIA SALES

All wines must be paid for in full prior to delivery. California residents are responsible for all shipping costs, including insurance (as applicable) and federal, state or local taxes, duties, tariffs and/or fees. You understand and acknowledge that new or additional federal, state or local taxes, duties, tariffs and/or fees may be imposed upon your purchase of a pre-arrival wine between order confirmation and delivery, and that you are solely responsible for such new or additional federal, state or local taxes, duties and/or fees. For all orders delivered in-state, the then current local County Sales Tax Rate at the Address of Delivery will be applied to all orders at the time of delivery. California residents are solely responsible for the costs of shipment of wines and for any loss or damage to the wines once they have left ENVOYER’S warehouse. By placing an order with ENVOYER, you thereby authorize ENVOYER to act on your behalf to engage a common carrier to deliver your order to you at your sole cost and expense.  You are responsible for ensuring that you have provided the street address where you want your shipment delivered at the time of sale.

ENVOYER attempts to be as accurate as possible in its product and pricing information; however, ENVOYER cannot guarantee that product descriptions and/or specifications, pricing or any other content are accurate, complete, reliable, current, or error-free. In the event that information is incorrect due to typographical, informational, technical or other errors, ENVOYER will not be liable for any loss or discrepancy with accurate data.

PRODUCT PRICING

Occasionally, despite ENVOYER’S best efforts to be accurate, a product may appear on the website or offer of ENVOYER with an inaccurate price. If a product’s correct price is higher than the stated price, ENVOYER will, at ENVOYER’S sole discretion, either contact you for instructions before finalizing the purchase  or cancel your order and notify you of such cancellation. Except as otherwise noted, the suggested retail price displayed for a product represents the retail price suggested by the producer, importer or distributor - such information acquired directly from the producer, importer or distributor or as stated on a reputable website or publication. Such a price may also be estimated in accordance with industry practice or be the estimated retail value for a comparably featured item offered elsewhere.  ENVOYER cannot guarantee that such information is accurate, complete, reliable, current or error-free.

REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

ENVOYER represents and warrants that: (1) for all wines purchased by you from ENVOYER, ENVOYER has good title to the wines and the transfer of ENVOYER’S title in and to the wines shall be free and clear of liens, claims, or encumbrances; and (2) to ENVOYER’S reasonable knowledge, without independent investigation thereof, the wine that you purchase from ENVOYER is the wine identified and described by the bottle’s label.

DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ENVOYER HEREBY DISCLAIMS ALL WARRANTIES TO THE BROADEST EXTENT POSSIBLE BY LAW. THE WINES AND OTHER PRODUCTS PURCHASED FROM ENVOYER ARE PROVIDED "AS IS" AND "AS AVAILABLE." BECAUSE WINE, BY ITS NATURE IS SUBJECT TO CHANGE IN THE BOTTLE OVER TIME, ENVOYER MAKES NO WARRANTY OR GUARANTY OF THE QUALITY OR DRINKABILITY OF ANY WINE SOLD. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENVOYER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WINES AND OTHER PRODUCTS PURCHASED FROM ENVOYER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY.THE LIABILITY OF ENVOYER IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ENVOYER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO ENVOYER ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF WINE OR OTHER PRODUCTS FROM ENVOYER. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, IN THE EVENT THAT ENVOYER IS UNABLE TO MEET ITS OBLIGATIONS TO YOU UNDER THIS AGREEMENT, ENVOYER’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR ENVOYER TO REFUND TO YOU THE FULL AMOUNT OF THE PURCHASE PRICE. d) APPLICATION.THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT.

COPYRIGHT

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

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, ENVOYER 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. ENVOYER does not sponsor or endorse any of these companies or their services.

ACCESSIBILITY

ENVOYER is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. Should you experience any difficulty in accessing this website, please leave us a voicemail at (949) 861-8440 and we’ll get back to you at our earliest convenience. Alternatively, you can email us at sales@envoyerfinewines.com for faster assistance. All constructive feedback regarding the accessibility or usability of this website is welcome and will be carefully considered. NOTE:  Is this address linked for the blind to access? (see accessibility errors detected: wave.webaim.org)

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ENVOYER and its officers, directors, employees, attorneys, agents, affiliates, representatives, sublicensees, successors and assigns (hereinafter collectively referred to as the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings, including but not limited to legal costs and attorneys’ fees, arising out of or relating to: (i) your breach of any representation or warranty contained in this Agreement; and/or (ii) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

GOVERNING LAW; JURISDICTION & VENUE

This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO ORANGE COUNTY, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

GENERAL

This Agreement constitutes the entire Agreement between ENVOYER and you concerning Your purchase of wine or other products from ENVOYER. This Agreement may only be modified by a written amendment signed by the President of ENVOYER. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of ENVOYER. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and ENVOYER are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

HEADINGS

The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.

JOINT PREPARATION

This Agreement shall not be construed against the party preparing the same and shall be construed without regard to the identity of the person who drafted such and shall be construed as if all parties had jointly prepared this Agreement. It shall be deemed their joint work product, and each and every provision of the Agreement shall be construed as though all parties hereto participated equally in the drafting hereof, and any uncertainty or ambiguity shall not be interpreted against any one party. As such, any rule of construction that a document is to be construed against the drafting party shall not be applicable.