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Terms and Conditions

Last Modified: March 1st, 2021

Acceptance of Terms and Conditions

Welcome to KLWines.com. BBCK Enterprises, dba K&L Wine Merchants, is a California corporation, and offers the following Website and attendant Services, hereinafter referred to as, "(Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference these "Terms and Conditions," govern your use of KLWines.com, ("KLWines.com," "Website" or "Service").

Please read these Terms and Conditions carefully before you start to use these Services as they set forth your legal rights and obligations. In particular these terms of service requires that you observe certain laws and regulations in all activities undertaken using KLWines.com.

By using this site you swear and affirm that you are over the age of 21.KLWines.com does not sell alcohol to persons under the age of 21, and we make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the recipient of alcoholic beverages from KLWines.com is over the age of 21.

You affirm that you are legally able to use this Website and Services, and to form a binding contract, in the jurisdiction in which you reside.

You further recognize that laws may differ by country, state, or local jurisdiction, related to the shipping and consumption of alcoholic beverages, you accept responsibility that you are in compliance with all laws before making further use of these Services.

If you do cannot agree to these Terms and Conditions, you must not access or use the Website, and discontinue further use.

You accept and agree that the products or features available through this Service may be subject to additional terms and conditions, including Pricing and Shipping policies.

By registering an account to use KLWines.com, you affirm that you accept these Terms and Conditions and agree to be bound and abide by them.

KLWines.com Service and Pricing Terms

Subject to terms available through our Service and Pricing page, KLWines.com offers selected Wines and Spirits for purchase, in addition to subscriptions and features, which include Auctions, Sommelier and Wine Club subscriptions, and Wine Lockers services.

Fees and Charges

Payments for Products and Services are processed by our trusted third party payment processor, you will be required to provide certain data including your preferred payment method to our Payment Processor, and you will be required to accept the Terms and Conditions of their Services at that time. The payment account you create, shall incur fees for the provision of these services, which shall be charged at published rates, or according to policies found at our Service and Pricing page.

Terms of Sale

By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from KLWines.com.

Order Acceptance and Cancellation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not charges have been processed. If your payment account has been charged and your order is canceled you will receive a prompt refund.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.

Payment Terms and Sales Taxes

Terms of payment are as published. Payment must be received, by our designated payment processor, sufficient to fund your purchase of all Services or Products.

In processing payment through our third party payment processor, you affirm that (i) the payment information you supply shall be true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, (iv) chargebacks shall not be initiated without first contacting KLWines.com to rectify and issues regarding your transactions.

Charges for shipping and handling will be made in accordance with our then-current shipping policies available on the site.

Changes in Products and Pricing

We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.

All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

Pricing for Auctions shall be at rate determined, and published according to the terms of that feature.

Advertising Disclaimer and Trademarks

All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners. Photographs courtesy of the respective manufacturers.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter, and are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
  • To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with KLWines.com, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user security information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Trademarks

The Company name, the term KLWines.com and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Acceptable Use Policy

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use this Website or Services

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Make use of a robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Make use of manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
To the extent this Website or Services allow you to post content, create a user profile, or offers in features, now or in the future, which allows you to interact with other Users. You agree not to use this Website or Services:
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  • To impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another
  • Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
  • Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Deliver, or provide links to, any postings containing defamatory, false or libelous material.
  • Deliver any posting that infringes or violates any intellectual property or other rights, including copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
  • Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.

KLWines, in order to enforce this Acceptable Use Policy and all other provisions of these Terms and Conditions, informs Users of this Website and attendant Services, that accounts may be terminated, suspended, or otherwise denied beginning at the registration process and at any time thereafter, for violations or circumventions of these terms and conditions.

For violations, KLWines.com may take other remedial action, but is not obligated to do so. If you feel another User has violated the User code of conduct please report this to KLWines.com immediately. On all other matters, KLWines.com shall not act as the arbitrator of commercial disputes between users.

We cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our DMCA Agent:

  1. (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. (b) A description of the copyrighted work that you claim has been infringed;
  3. (c) A description of where the material claimed to infringe is located on the Site;
  4. (d) Your address, telephone number, and e-mail address;
  5. (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Reliance on Information Posted

We do not warrant the accuracy, completeness or usefulness of any information or postings provided. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

To the extent this Website and Services includes content provided by third parties, site users, and other third-party licensors. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided.

Disclaimer of Warranties

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (arising out of or relating to your violation of these Terms and Conditions or your use of the Website and Services.

Governing Law and Jurisdiction

The Agreement will be governed by California law, without regard to its conflicts of laws principles. FOR ANY CLAIM BROUGHT BY ANY PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN CALIFORNIA.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, Acceptable Use Policy and any other Policies found on the Terms and Conditions page constitute the sole and entire agreement between you and KLWines.com with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This Website and Services are operated by
BBCK Enterprises dba K&L Wine Merchants
3005 El Camino Real, Redwood City CA 94061

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].

Thank you for visiting KLWines.com.

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