DWO Policies

"A private business can determine its own policies"

Mike Matulis, Director, Constituent Services, Illinois Attorney General

Policies*

Please read these Policies thoroughly.  If you do not agree to these Policies, please do not access or use this service

WARNING: THIS SERVICE IS SOLELY FOR USERS WHO ARE 21 YEARS OF AGE OR OLDER. ANY REGISTRATION, USE OR ACCESS TO THE SERVICE BY ANYONE UNDER 21 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE POLICIES. BY USING THIS SERVICE YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OF AGE.

Discount Wine Online. ("DWO") is an electronic communication service ("Service") which is acting as an agent of retail beverage alliance (Principals) located in the jurisdiction from which the importation, transportation or other conduct to which this service applies originates, and in which advertising or marketing of any alcoholic liquors is lawful.

Service enables you to place an order for alcoholic liquors for personal use or consumption, but not for resale in any form. All orders are transmitted to a member of a retail beverage alliance (Principal) for ultimate acceptance and fulfillment.

DWO does not sell or deliver any alcoholic liquors, and has no property rights in the liquors sold, DWO only receives and transmits orders to a dealer.

In all instances, orders are transmitted to appropriate member of retail beverage alliance (Principal) for acceptance, fulfillment and delivery. Any further processing of an order bounds to Principals' policies.

All orders totals include shipping/delivery charges, fees and tax where applicable. Consumers are solely responsible for any and all duties, taxes, levies or fees imposed by any authority on consumers by virtue of your transacting with or otherwise by using the Service.

Order Process. Your order will be transmitted to an appropriate Principal for review and acceptance. Your credit or debit card will be charged only after acceptance of the order by a Principal.  

Age of recipient and identification will be verified upon delivery.

Your order, shipment or delivery may be declined by Principal for any reason. If declining because the requested item(s) or acceptable substitutions are not available, the Principal may offer you a substitution or full refund.  If shipment or delivery of the order is declined or cannot be completed for any other reason, you may be charged a non-refundable restocking fee. Without limiting the foregoing, YOUR ORDER WILL BE CANCELED IF YOU, OR IF APPLICABLE TO THE ORDER RECIPIENT, FAILS TO PROVIDE ACCEPTABLE PROOF OF IDENTIFICATION AND AGE, OR IF THE PRINCIPAL, OR ITS EMPLOYEE OR AGENT, OR THE SHIPPING OR DELIVERY COMPANY USED BY PRINCIPAL, OR THAT SHIPPING OR DELIVERY COMPANY’S EMPLOYEE OR AGENT, IN ITS SOLE DISCRETION, DETERMINES THAT THE TRANSFER OF POSSESSION OF THE ITEMS IS OTHERWISE ILLEGAL, UNSAFE OR INAPPROPRIATE.

Delivery (Shipping) Arranged by Principal:

When order is transmitted to a Principal and accepted the unique number will be assigned to the order. If the items you ordered are not available, you will be notified through Service's notification system or email. If all items on order are available, Principal will attempt to fulfill, pack and ship your order within no less than 48 hours. Package tracking number will be provided. If you need to change your order for any reason, please contact Service Administrator as soon as possible. 

Deliveries (shipments) will be attempted to be arranged by a Principal with available courier or express company (common carrier), on your behalf, to the address specified by you. Shipments may be delayed due to weather conditions. Available delivery options are Ground Service. Weekend delivery only where available. 

Tracking: Consumers can track their orders when package is picked up from Principal's premises and tracking number is provided. Delivery time is the time from package is actually picked-up by courier, and his first attempt of delivery

All orders contained alcohol can be delivered only to a physical address where a signature of adult person at legal drinking age can be obtained. Alcohol cannot be delivered to P.O. Boxes, APO/FPO addresses or any Post Office, UPS store, FedEx store, porch, garage, etc.

Rates: Delivery rates are calculated by System automatically when available. System also provides available shipping options. All items are in the new manufacture sealed condition and inspected by Principal employees before they packed. Principal cannot be responsible for any damage caused by courier during transportation. Please inspect your package upon delivery and if a package arrives damaged, please notify courier and Service Administrator as soon as possible. Clear evidence of damage will be required to initiate investigation. 

 

Delivery (Shipping) Arranged by a customer:

A buyer (customer) may place an order for pick up by a common carrier for delivery to specified by customer location. When this option is selected at check out, Customer must arrange his own delivery (shipping) with a common carrier in 5 business days after order becomes available for pick up by a carrier for delivery.

Customer shall send electronic shipping label to Administrator by e-mail. Once label is accepted by Principal the instructions where a carrier can pick up a package for delivery will be sent to the customer. It is solely customer responsibility to arrange pick up by a carrier from location provided.

After package is tendered to a carrier, all delivery responsibilities and liability fall on a carrier. Neither Discount Wine Online nor its Principals may be liable for a package after it is picked up by a carrier for delivery. Principals reserve the right to decline orders with improper shipping label.

All orders must be picked up by a carrier in 10 days after label is accepted by Principal and pick up location is provided. All orders are subject to cancellation after pick up time frame is exceeded. Restocking fee may apply.  

Pick Up From Principal's Store by Customer:

Automated system is unable to setup in-person pick up from Principals' premises by customer. Only licensed courier or express company (common carrier) may pick up packages for delivery to a consumer. 

International Shipping: Automated Service cannot arrange International shipment.

 

RETURNS:

WARNING: All expensive and collectible wines are properly kept in climate and humidity controlled room or cabinet cellars, however, conditions of these wines is beyond our control. All sales of wines over 10 years of age are final!

Consumers can initiate return request through the Service within 14 days of purchase. Products returned not due to Principal's fault will be subject to a 10% restocking fee and cost of return shipment. All returns will be credited to the initial payment method. All returned items must arrive in salable and unopened condition. Any wines older than 5 years are not returnable.

Cancellation: If an order is not packed then cancellation can be processed immediately. If an order has already been packed or shipped than a cancellation fee will apply.

Applicable Laws The laws of the State of Illinois and applicable Federal laws, excluding their conflicts of law rules, govern these Policies. Your use of the Service may also be subject to other local, state or federal laws applicable to you.  DWO makes no representation as to any laws, rules or regulations of any jurisdiction regarding the sale, service, transportation, importation, shipment or delivery of alcoholic beverages. DWO shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in these Policies or to comply with applicable laws. You agree to comply at your sole expense with all applicable United States laws and regulations.  DWO explicitly reserves the right to refuse access to any portion of the Service at any time without notice for your failure to abide by the terms as set forth in these Policies or your failure to comply with applicable laws.

Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY CONTENT, INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SERVICES AND MATERIALS) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DWO OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  DWO MAKES NO REPRESENTATION OR WARRANTY AS TO YOUR LEGAL RIGHT TO PICK-UP OR HAVE ALCOHOLIC BEVERAGES TRANSPORTED TO YOU OR YOUR INTENDED RECIPIENT.

Limitation of Liability  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DWO BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT

OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE DELIVERY, USE OR PERFORMANCE OF THE ORDERING SERVICE, OR THE PROCESSING, PURCHASE, SALE, TRANSPORTATION, SHIPMENT, DELIVERY OR CONSUMPTION OF ALCOHOLIC BEVERAGES, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE ORDERING SERVICE INITIATED OR COMPLETED BETWEEN YOU AND DEALER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF DWO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE ORDERING SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.   If, for any reason, a court or arbitral body finds DWO liable for damages notwithstanding the foregoing, in no event shall DWOs total liability for all damages exceed the amount paid by you to DWO for your use or receipt of the Ordering Service. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose. 

NEITHER DWO NOR THE PRIBCIPAL OR THE SHIPPING OR DELIVERY COMPANY USED BY THE PRINCIPAL SHALL BE LIABLE FOR ANY DAMAGES TO GOODS CAUSED BY WEATHER CONDITIONS AND OTHER "ACTS OF GOD" DURING TRANSPORTATION.  WEATHER CONDITIONS MAY CHANGE AT ANY TIME, SO DWO, THE PRINCIPAL OR THE SHIPPING/ DELIVERY COMPANY USED BY THE LICENSED DEALER CANNOT ASSUME LIABILITY FOR DAMAGE CAUSED BY CHANGES IN WEATHER DURING TRANSPORTATION.  "ACTS OF GOD" INCLUDE UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.

Injunctive Relief You agree that a breach of these Policies will cause irreparable injury to DWO and its Principals for which monetary damages would not be an adequate remedy and DWO's Principals shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.

* These Policies may be modified at any time.

Last Revised: November 8, 2017

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