Terms of Use

Thank you for visiting www.southernwines.com (“Website”). This website is owned and operated by Southern Hemisphere Wine Center. These Terms and Conditions of Use contain the terms applicable to you (“User”) and your access to and use of this website.  Please read the terms carefully and contact us with any questions or concerns.


Acceptance of Terms

When accessing and using this website, you agree to the terms and conditions that follow. By accessing and using this website, you are agreeing to these terms of use and our privacy policy. If you do not agree to be bound by these Terms of Use, please exit the website immediately. These Terms of Use may be modified or altered by us at any time without prior notice. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use.

You may request a copy of these Terms of Use by emailing us at: info@southernwines.com. Please include the subject, “Terms of Use Agreement”.

 

Permitted Users

To use this Website, you must be of legal age to purchase and consume alcoholic beverages. If you are not of legal drinking age, please exit this Website immediately. In accessing and using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 21 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.


Rights to Content and Intellectual Property

This Website is protected by copyright, trademark, and other laws.  Any trademark, service mark, patent, copyright, design, logo or other intellectual property appearing on this Website is owned by us or our affiliates and may not be used by you without our prior written consent or the prior written consent of the appropriate owner.  Except as otherwise provided herein, we, our affiliates, subsidiaries or third-party licensors own and retain all rights in the content, materials and design on the Website.  Except as permitted by these Terms of Use, you may not copy, use, modify, transmit, republish, display or make any derivative work from or of any material on this Website in any manner without our prior written consent.


You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy, or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the website. Tools that use the website shall be considered agents of the individual(s) who control or author them.


User-Generated Content

The Website may now or in the future permit a User to post content to the Website.  You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Website (“User Content”).  You represent and warrant that: (i) you own the User Content posted by you on the Website or otherwise have the right to grant the license set forth herein; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Website.


By using the Website, or tools or applications for communicating, posting or creating content, you agree to post material that is proper and related to the forum presented by the particular area of the Website.


State Law Limitations

In some instances, state law regulates product availability and/or sets product purchase limitations, which may limit our ability to fulfill order requests. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by the same account and/or the same credit card, or orders that use the same billing and/or shipping address. In the event we change or cancel an order, we will attempt to notify you by contacting you via the telephone, e-mail, and/or billing address provided at the time the order was made.


Shipping

If applicable, all orders placed on this website are subject to product availability. We are prohibited from shipping to certain states, we cannot ship outside the United States, and we cannot ship to P.O. boxes. We ship orders via third party carriers, such as FedEx and UPS.

Each state that allows us to ship directly to consumers requires the signature, at the time of delivery, of a person of legal drinking age. Failure to produce age verification upon request forfeits the right to receive the shipment until identification is produced. In such circumstances, the order will be shipped back to us at your expense.


You are responsible for all shipping charges unless we expressly agree otherwise. Shipping charges will be calculated during the on-line ordering process. Shipping and handling charges are nonrefundable unless we sent the wrong item.


Disclaimers

Your use of this website is at your sole risk. The website, and any item or service you purchase through the website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time. Southern Hemisphere Wine Center expressly disclaims all warranties of any kind, whether express or implied, that access to the website will be uninterrupted or error-free; that the website will be secure; or that information on the website will be complete, accurate, or timely.
If you download any material or purchase anything from this website, you do so at your own discretion and risk. You are solely responsible for any loss or damage that results from the download or purchase of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the website shall create any warranty of any kind.


Limitation of liability

In no event will Southern Hemisphere Wine Center, nor its joint ventures, partnerships, or affiliated companies or third-party content providers be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use this website (including, but not limited to, purchasing alcohol) or from any actions we take or fail to take arising out of or related to your use of the website. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.


Indemnification

You agree to indemnify and hold Southern Hemisphere Wine Center, subsidiary, joint ventures, partnerships, and affiliated companies, and their respective officers, agents, partners, and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to, or arising out of your use of the website in violation of these terms and/or arising from a breach of these terms and/or any breach of your representations and warranties set forth herein. Notwithstanding anything herein to the contrary, we reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.


Privacy policy

Please see our privacy policy at www.southernwines.com/privacy or details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our privacy policy.


How to contact us

If you have any questions, comments or concerns regarding these terms of use, please email us at info@southernwines.com or call us toll-free at (800) 504-9463.


These terms of use are effective and were last updated on April 23, 2020.