Terms, Conditions and Shipping Policy
Last updated February 01, 2023
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Users under age of 21 can not use the website or place orders on the website
The Site is intended for users who are at least 21 years old. Persons under the age of 21 are not permitted to use or register for the Site.
By ordering from Symbolic wines, you assert and affirm that you are at least 21 years old. You also agree to provide a valid government-issued ID proving your age if requested by Symbolic wines or its designated agent.
By placing an order with Symbolic wines, you are representing to us that you are at least 21 years of age and that the person to whom it is being shipped is at least 21 years of age.
Symbolic wines reserves the right to refuse orders and/or service to anyone at any time. We reserve the right to ask for proof of age and identity of the recipient before an order is shipped or in case of pick-up.
If the recipient of an alcoholic beverage is unable to provide proof of legal drinking age, the order will not be shipped or picked-up from our warehouse and will be canceled and refunded. We will issue a full refund for the purchase price of the wine, minus the applicable shipping charges, once the wine is returned to us.
Shipping costs are the responsibility of the buyer. Seller will arrange for the shipment of wine to the buyer’s address, or other location as specified by buyer, at buyer’s expense. Seller will use reliable carriers, but will not be held responsible for any damages or losses incurred in transit. The buyer is responsible for any applicable taxes or duties incurred in the buyer’s state of residence. Buyer is also responsible for any additional costs, such as storage fees or delayed delivery fees, that may be charged by carriers. In addition, applicable local sales taxes may apply to orders shipped or delivered within the state of California depending on the local jurisdiction. These taxes are not included in the calculation of the sales tax at the time of order placement.
Please note that Symbolic wines cannot guarantee specific delivery dates for orders shipped via ground shipping. Ground orders are shipped on a best-effort basis and may take up to 10 business days. If you need your order to arrive by a certain date, please contact firstname.lastname@example.org and our shipping coordinators will work with you to find the best available option.
All orders placed before noon Pacific time on a business day will be shipped the same day. Orders placed after noon on a business day will be shipped the following business day. For shipping rates, please refer put your address for delivery calculation. For more information, please contact email@example.com.
Symbolic wines is not responsible for any delays in the shipping process due to incorrect shipping information, such as incorrect address or recipient name, or delays due to weather or other factors outside of our control. We are also not responsible for any damages incurred during the shipping process. We will do our best to ensure your order arrives safely and on time. For any issues please contact firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Use the Site to advertise or offer to sell goods and services.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Decipher, de-compile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 21 or exploits people under the age of 21 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Diego County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
SYMBOLIC WINES, INC
5601 Palmer Way Carlsbad,
CA 92010, United States
Terms and Conditions of Sale
By placing an order with Symbolic Wines, you hereby agree to be bound by the following strict terms and conditions. If you do not agree, please DO NOT PLACE your order with us.
- Age Verification: a) Buyers within the United States must certify that they are at least 21 years of age. b) Buyers within the European Union must certify that they are at least 18 years of age. c) Before placing an order, the buyer must provide verifiable proof of age on our secure order server. d) Additional age verification may be required upon delivery.
- Billing and Shipping Information: a) The billing address provided must precisely match the address on the buyer's credit card statement. b) Orders will be shipped exclusively to the billing address. c) If the buyer wishes to ship to an address different from their billing address, explicit authorization must be obtained and provided on the order form.
Order Cancellation and Non-Payment
- Cancellation Policy:
- a) You can cancel your order prior to shipping or within 1 (One) business day - whichever is sooner.
- b) Symbolic Wines reserves the right to pursue legal remedies for non-payment or fraudulent orders.
Legal Compliance and Responsibility
- Compliance with Applicable Laws: a) By proceeding with the purchase, you acknowledge and accept responsibility for complying with all applicable laws and regulations pertaining to the purchase, transportation, and delivery of alcoholic beverages. b) It is the buyer's sole responsibility to ensure that the ordered products can be legally imported, possessed, and consumed in their jurisdiction.
- Indemnification: a) You agree to indemnify and hold Symbolic Wines harmless from any claims, damages, or liabilities arising from your violation of any laws or regulations regarding the purchase or use of our products.
Please be advised that these terms and conditions are subject to change without prior notice. We encourage you to review them regularly for any updates or modifications.
Symbolic Wines offers certain wines for sale on a pre-arrival basis. This means that the wine has not yet arrived at our facility and is not available for immediate shipping. These wines will be clearly marked as "pre-arrival" instead of "in stock" in our web catalog and the shopping cart. Payment for pre-arrival wines is required at the time of placing your order.
The estimated delivery dates (ETA's) provided at the time of your order are for guidance purposes only and should not be considered a promise or guarantee of delivery time. We make every effort to receive the pre-arrival wines within these estimates.
It is important to note that we will NOT automatically ship pre-arrival wines to you. Once the wines arrive at Symbolic Wines, we will notify you via email. At that time, you can choose one of the following options:
- Set up and pay for shipping to your designated address;
- Arrange for customer pick-up from our location (sales tax may be applicable);
- Option to store the wines in Symbolic Wines' temperature-controlled storage facility in accordance with our storage price list.
If you do not request a shipment or pick-up, the pre-arrival wines will be stored in our facility free of charge for a period of 30 (Thirty) days. After the initial 30 (Thirty) period, storage fees will apply in accordance with our storage price list.
Please be aware that any additional terms and conditions related to pre-arrival sales will be clearly communicated to you during the ordering process or in subsequent communications.
Should you have any further inquiries or require assistance regarding pre-arrival sales, please do not hesitate to contact our customer support team.
For international orders, shipping costs will be provided through a quotation sent via email. It is important to note that all sales made to orders outside the United States are considered final upon shipment. Once the order leaves our warehouse, absolutely NO RETURNS will be accepted, and NO REFUNDS will be provided.
Please be aware that the product will leave our warehouse in the condition described prior to the sale. Symbolic Wines takes great care to ensure the accuracy of the wine condition before shipment. However, the customer assumes full responsibility for any damage or loss of wine that may occur during the shipment process.
Please note that our carrier's liability for any damage or loss during shipment is limited to a maximum of $100. By placing an order, you acknowledge and accept this limitation of liability. We recommend purchasing additional insurance for orders exceeding this value to ensure full coverage.
If you have any questions or concerns regarding international orders, please contact our customer support team for further assistance.
Symbolic Wines is obligated to collect and remit sales and/or excise taxes as required by the relevant jurisdictions. If applicable, your order will include the legally mandated tax for your specific jurisdiction.
Please note that the sales tax amount will be calculated and added to your order based on the applicable tax rates and regulations in force at the time of purchase.
If you have any questions or concerns regarding sales tax or taxation-related matters, please feel free to contact our customer support team for further clarification.
Due to the ever-changing alcohol shipping laws in the United States, we must emphasize that if, at the time of delivery, we are unable to legally ship wine to your location, we reserve the right to cancel your order. In such cases, we will refund 100% of your payment if an alternative solution cannot be found. It is solely at our discretion to determine whether we can legally ship wine to your address.
As interstate shipping laws are subject to frequent changes, we recommend checking with the appropriate agency in your state or county for the most up-to-date information. You can find more details on this matter here: https://www.ncsla.org/
To ensure a smooth delivery process, we strongly recommend shipping to a business address where someone will be available during regular business hours. All shipping carriers require an adult signature at the time of delivery, and signature releases are not accepted. If a shipment is returned to us due to an improper or incomplete address, we will need to charge you for the re-shipment. Therefore, please ensure that the address provided is complete, including the business name, department or mail stop (if applicable), and suite number (if applicable) in the case of a business complex.
By submitting an order to Symbolic Wines, you confirm that you are 21 years of age or older (18 in the EEC) and warrant that you are legally eligible to purchase and consume alcoholic beverages at the designated place of delivery.
Please be aware that we make no representation regarding the legal rights and ability of anyone to ship or import wines into any state outside of California or any country outside of the USA. As the buyer, you are solely responsible for the shipment of alcoholic beverage products. By placing an order for delivery within the USA, you authorize us to act on your behalf in engaging a common carrier to deliver your order to you.
Legal Disclaimer - Section A: Except for orders going to the permit states described in section (B), the title to and ownership of alcoholic beverages transfer from the seller to the buyer in the state where the sale occurs. The buyer assumes all responsibility for transporting the product from the state of sale to the selected destination. The buyer may choose to pick up the product at the seller's location or arrange independent delivery. The seller does not guarantee the legal rights of anyone to deliver or import alcoholic beverages or other goods into any state. The buyer warrants that they are solely responsible for the transport of the purchased products and for determining the legality and tax/duty consequences of bringing the products to the chosen destination.
Legal Disclaimer - Section B: For orders going to states where the seller is licensed or holds a direct-to-consumer shipping permit, the title to and ownership of the product transfer from the seller to the buyer in the state to which the product is shipped. Sales and other applicable taxes will be applied based on the requirements of the destination state. By placing an order, the buyer authorizes the seller to arrange transportation of the product on the buyer's behalf. Alternatively, the buyer may choose to pick up the product at the seller's location or arrange independent shipping. If the product is picked up at the seller's location, sales tax will be applied based on that location. Product prices do not include shipping/handling charges, which vary depending on the destination, number of bottles ordered, and delivery options chosen.
ALCOHOLIC BEVERAGES MAY ONLY BE SOLD AND DELIVERED TO PERSONS WHO ARE AT LEAST 21 YEARS OLD. By placing your order, you represent and warrant to us that you are at least 21 years old and that the intended recipient of the delivery is also at least 21 years old and capable of accepting the delivery of alcoholic beverages.
Upon delivery of alcoholic beverages, the recipient will be required to provide identification as proof of being at least 21 years old. If any person under the age of 21 fraudulently places an order and attempts to receive the shipment, the wine will not be released to them and will be returned to us.
Symbolic Wines maintains strict and secure shipping protocols to ensure the safe delivery of your purchase. Please carefully review the following shipping conditions:
- Shipping Methods: We offer shipping via reputable common carriers, including ground, 3-day, 2-day, and overnight services. You may select the shipping method that best suits your needs.
- Order Processing Time: Orders are typically processed and leave our facility on the next business day. However, certain items sold on a pre-arrival, future, or back-ordered basis may require additional processing time. Please take this into account when estimating the delivery timeframe.
Extreme Weather Hold: For the protection of your wines, Symbolic Wines reserves the right to hold shipments during extreme weather conditions. We prioritize the quality and integrity of the products we deliver. We cannot be held responsible for any damage, including leakage or damaged corks, resulting from shipping against our express warnings regarding adverse weather conditions.
If you wish to have your order shipped regardless of extreme weather conditions, you must provide a written waiver absolving Symbolic Wines of any liability for potential damage or degradation of the wines due to weather exposure during transit. By submitting this waiver, you acknowledge and accept full responsibility for any adverse effects on the wine that may result from shipping under such conditions.
- Delivery Date and Location: Once your shipment leaves our warehouse, the delivery date and location cannot be modified. It is your responsibility to ensure someone of legal drinking age is present to receive and sign for the shipment upon arrival.
- Temperature Guidelines: To safeguard the quality of your wines, we strongly recommend considering the weather conditions in your area when selecting a shipping method. Ground shipping is not advised when temperatures exceed 80°F (26°C) or fall below 32°F (0°C). Shipping during temperatures above 90°F (32°C) is strongly discouraged. If you require timely delivery by a specific date, please inform us, and we will make every effort to accommodate your request.
- Liability and Carrier Handling: Symbolic Wines cannot be held responsible for any damage caused by the shipping carrier or improper storage and handling by the carrier. We prioritize the careful selection of reputable carriers, but once the package is in their possession, we cannot control the conditions it may encounter. We recommend purchasing additional insurance for orders exceeding this value to ensure full coverage.
Rest assured, we strive to minimize any risks associated with shipping.
- Shipping Restrictions: Please note that we do not ship to PO, APO, or FPO box addresses. Orders to Alaska or Hawaii must be shipped exclusively via 2nd Day Air to ensure the integrity of the wines during transportation.
- Address Accuracy and Return Shipping: To avoid complications, it is crucial to provide accurate and complete shipping information. Incorrect, insufficient, or changes to the address may incur a surcharge of carrier shipping cost. In the event of refused or undelivered packages, return shipping charges will apply.
At Symbolic Wines, we prioritize the security and safe delivery of your wines. By placing an order, you acknowledge and accept the inherent risks associated with shipping alcoholic beverages, and you agree to adhere to these strict shipping conditions.
Symbolic Wines offers the option for local pick-up of in-stock wines at our Carlsbad, California warehouse location. Please review the following guidelines for customer pick-up:
- Scheduling Pick-Up: All orders for in-stock wines can be scheduled for pick-up. You can either select your preferred pick-up appointment during the checkout process or make the request with a Fine Wine Specialist when placing your order.
- Same-Day Pick-Up: Please note that same-day pick-ups are available by appointment only. To ensure a smooth pick-up experience, we recommend scheduling your pick-up appointment in advance.
- Customer Pick-Up Hours and Location: For current customer pick-up hours and location information, please visit our Contact Us page. It is advisable to check this page regularly for any updates or changes.
- Notification of Ready Order: Once your order has been packed and moved to our Customer Pick-Up Office, you will receive an email notification. If you have not received this email by your scheduled pick-up date, please contact us for assistance.
- Designated Alternate for Pick-Up: If someone other than yourself will be picking up your order, it is essential to inform us in advance. Please provide us with the details of the designated alternate. The designated alternate must be 21 years of age or older and present a valid government-issued ID with a date of birth for age verification.
- Order Holding Period: Symbolic Wines will hold your items for 30 days once your order is ready for pick-up. If your order is not picked up within this time frame, it will be moved to storage. After the initial 30 (Thirty) period, storage fees will apply in accordance with our storage price list.
- Time Limit for Customer Pick-Up: Orders will not be held in the Symbolic Wines Customer Pick-Up Area for more than 30 days. We reserve the right to limit the availability of this service on certain days of the year.
We appreciate your cooperation in adhering to these guidelines for a smooth and efficient customer pick-up experience.
Pre-Arrival Order Terms
At Symbolic Wines, we offer the option to place pre-arrival orders for exclusive wines that are yet to arrive at our store. We prioritize your safety and satisfaction, so we have implemented the following anti-plague measures for your peace of mind:
- Contactless Payment and Notification:
- To ensure a safe and seamless experience, we encourage contactless payment at the time of placing your pre-arrival order.
- Once your desired wines arrive at our store, we will promptly notify you through a secure and encrypted communication channel.
- Safe Shipping and Instructions:
- Our dedicated team follows stringent safety protocols when handling and shipping pre-arrival orders.
- When the time comes to ship your wines, we will provide you with detailed instructions for a safe and convenient delivery process.
- Order Composition:
- If your order includes both "pre-arrival" and "in stock" items, we will prioritize the immediate shipment of the "in stock" items, ensuring you can enjoy your wine without delay.
- Transparent Pricing and Taxes:
- We believe in transparent pricing, and any applicable taxes or fees will be clearly communicated to you at the time of placing your order.
- Rest assured that there will be no hidden costs or surprises upon delivery.
- Estimated Arrival Times and Commitment:
- Symbolic Wines strives to provide accurate estimated arrival times for pre-arrival wines, taking into account potential disruptions caused by unforeseen circumstances.
- Our commitment to you is to keep you informed throughout the process, providing updates on the status of your pre-arrival order. Once your order is shipped you will receive a carrier's tracking number to track your order.
Please note that pre-arrival orders are non-refundable. Once the order is placed, it cannot be canceled or refunded. We kindly ask you to carefully consider your purchase before placing a pre-arrival order.
If you have any further inquiries or require additional information regarding pre-arrival orders, please do not hesitate to contact our dedicated customer support team. We are here to assist you and provide a seamless and secure pre-arrival ordering experience.
Liability and Replacement: Symbolic Wines cannot be held liable for any incremental or consequential damages resulting from delayed arrival or cancellation by a third party. Moreover, we are not obliged to source replacements for orders canceled due to delayed arrival. We encourage you to make an informed decision when considering pre-arrival purchases.
Symbolic Wines' Right to Cancel for Import Tax Reasons
At Symbolic Wines, we meticulously monitor import taxes and tariffs to ensure compliance with relevant regulations. Please familiarize yourself with the following policies:
- Our prerogative to cancel: In the event of changes in import taxes that result in a higher landed cost for the wine, Symbolic Wines reserves the right to cancel your order. We exercise this right to maintain transparency and protect our valued customers.
- Our priority is to provide a transparent and reliable shopping experience while maintaining a commitment to customer satisfaction. Please be aware that this purchase is non-refundable. In the event of increased import taxes causing elevated costs, we are unable to offer a refund for the original price paid. We encourage customers to carefully consider potential changes in import taxes before completing the purchase.
- Limited liability and replacements: Symbolic Wines cannot be held responsible for any incremental or consequential damages, nor are we obliged to source replacements for orders canceled due to increased import tax. We appreciate your understanding of this policy.
For any further inquiries or clarifications, our dedicated customer support team is readily available to assist you.
Symbolic Wines is delighted to offer Bordeaux futures at UN-TARIFFED prices, ensuring an exceptional value for our customers. However, please carefully review the following information regarding Bordeaux futures:
- Tariffs Agreement: Prior to purchasing Bordeaux futures, you must sign an agreement acknowledging your responsibility to pay any tariffs, taxes, or duties imposed at the time of delivery to the United States. Please refer to the terms of this agreement for cancellation policies related to Bordeaux futures.
- Taxes, Duties, and Tariffs: ALL TAXES, DUTIES, AND/OR TARIFFS IMPOSED AT THE TIME OF DELIVERY OF THESE WINES TO THE UNITED STATES ARE THE SOLE RESPONSIBILITY OF THE BUYER AND MUST BE REMITTED PRIOR TO THE RELEASE OF THE WINE.
Certain Wines Subject to Tariffs
Symbolic Wines may offer certain wines on a pre-arrival and futures basis at UN-TARIFFED prices, even if these wines are currently subject to import duties and tariffs. These wines are clearly marked on our website and in our offer emails with the following message:
*Price does not include U.S. import tariffs that may be due from the buyer on arrival. Please see our Terms & Conditions of Sale.
Please take note of the following details:
- The purchase price of these wines does not include tariffs that are currently in effect or that may be imposed in the future.
- Prior to purchasing these wines, you must sign an agreement acknowledging your responsibility to pay any tariffs, taxes, or duties imposed at the time of delivery to the United States.
- Failure to remit the required tariffs or taxes may result in the cancellation or reduction of your order, with our 50% cancellation fee applicable.
On these wines: ALL TAXES, DUTIES, AND/OR TARIFFS IMPOSED AT THE TIME OF DELIVERY OF THESE WINES TO THE UNITED STATES ARE THE SOLE RESPONSIBILITY OF THE BUYER AND MUST BE REMITTED PRIOR TO THE RELEASE OF THE WINE.
Other Exceptions to Cancellation Policy
In some cases, wines ordered on a futures or pre-arrival basis may not ultimately be available to us for various reasons. Please take note of the following:
- If we are notified that we are unable to obtain a particular wine, we will promptly refund your full payment or suggest you any other alternative wine.
- We cannot be held liable for any incremental or consequential damages, nor are we required to source a replacement for the wine.
We appreciate your understanding and cooperation in adhering to these policies. If you have any questions or require further assistance, please do not hesitate to contact our customer support team.
Refunds, Returns, and Exchanges Policy
At Symbolic Wines, we are dedicated to providing you with the utmost satisfaction in every order. Please take a moment to familiarize yourself with our policy regarding refunds, returns, and exchanges:
- Damaged or Compromised Shipments:
- If your shipment from Symbolic Wines arrives damaged or compromised (excluding damage caused by extreme temperatures), it has to be covered by insurance.
- To initiate insurance coverage, kindly notify our team directly at email@example.com within 24 hours of receiving the delivery.
- Please ensure that you provide sufficient evidence of the damage to support your request.
- Our team reserves the right to evaluate and validate the provided evidence before processing the refund, return or replacement.
- Incorrect Orders:
- In the event that you receive an incorrect order from Symbolic Wines, we offer a refund, return or replacement.
- Please notify our team within 72 hours of receiving the delivery to initiate the refund, return or replacement process.
- It is important to provide appropriate evidence demonstrating that the received product does not match your order.
- Our team will carefully review the evidence before proceeding with the refund, return or replacement.
- Other Return or Refund Inquiries:
- Should you have a return or refund request for reasons other than those mentioned above, please reach out to Symbolic Wines directly at firstname.lastname@example.org.
- Our dedicated team will assess your inquiry and provide further guidance based on the specific circumstances.
The above policies also apply to shipments refused by the recipient, orders with an incorrect shipping address provided by the buyer, and shipments returned to us by the carrier as "undeliverable."
Exceptions to Return Policy:
Please note that we do not accept returns for the following reasons:
- Wine quality is affected by improper storage or treatment while in the buyer's care;
- Bottles with compromised cork integrity, commonly referred to as "corked bottles”;
- Opened bottles that are not to your personal taste.
- Returns are based on price changes within the marketplace.
- Special orders for wines specifically sourced at the buyer's request, which are not part of our regular inventory.
- Orders shipped outside the United States once the order leaves our warehouse. Please refer to the "International Orders" policies above for further information.
- For futures and pre-arrival orders pending arrival to Symbolic Wines, please refer to our "Cancellation Policy" for applicable guidelines.
At Symbolic Wines, we may offer promotions from time to time to enhance your shopping experience. Please carefully review the following terms and conditions regarding our promotional offers:
- Modification or Discontinuation: Symbolic Wines reserves the right to modify or discontinue any offer, either temporarily or permanently, with or without notice and without liability to you. Determination of offer eligibility and any exceptions are at the sole discretion of Symbolic Wines.
- Terms and Conditions of Use: Our promotional offers can only be used with Symbolic Wines and are subject to the terms and conditions of use, local laws, and our shipping policy, which may change periodically. Offers cannot be redeemed for cash, transferred, assigned, substituted, or applied to shipping, handling, or taxes.
- Eligibility and Restrictions: Promotional offers are open to all legal residents of the United States who have reached the age of majority in their territory, subject to shipping restrictions and laws. However, offers are not open to employees, directors, officers, agents, advertising and promotional agencies of Symbolic Wines and its affiliated and associated companies, as well as their respective immediate families living in the same household. Symbolic Wines reserves the right to verify eligibility qualifications of all participants. Void where prohibited by law.
Gift Certificates issued by Symbolic Wines can be redeemed only with us and are subject to the terms and conditions of use, local laws, and our shipping policies. Gift Certificates cannot be exchanged for cash, transferred, assigned, or substituted. They also cannot be redeemed against shipping, handling, or taxes. Please note that Symbolic Wines will not replace any lost or stolen Gift Certificates.
Errors, Omissions, and Availability
While we make every effort to ensure the accuracy of our inventory, quantity available, listed prices, and bottle sizes, occasional errors or omissions may occur. In situations such as incorrectly priced or unavailable items sold on a pre-arrival or futures basis, Symbolic Wines shall not be held liable for the error. We strive to promptly address any errors or issues discovered, and if any monies were collected as a result of the error, they will be promptly refunded to the customer. A refund will be the limit of the remedy.
Proposition 65 Warnings (California Customers Only)
For our California customers, we provide the following warnings as required by Proposition 65:
- WARNING: Drinking distilled spirits, beer, coolers, wine, and other alcoholic beverages may increase the risk of cancer and, during pregnancy, can cause birth defects. For more information, please visit www.P65Warnings.ca.gov/alcohol.
- WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to harm the female reproductive system. Jar lids and bottle caps may also contain BPA. You may be exposed to BPA when consuming foods or beverages packaged in these containers. For more information, please visit www.P65Warnings.ca.gov/BPA.
If you have any questions or require further clarification regarding our promotional offers or policies, please do not hesitate to contact our customer support team.