Terms of Service and Conditions of Sale
Welcome to onduléwines.com, the website for Ondulé Wines. The terms “Ondulé” “Ondulé Wines”, “the site”, “ondulewines.com”, “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
General Terms and Conditions
Your use of the ondulewines.com site is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of the ondulewines.com site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated by Ondulé Wines at any time and from time to time with or without notice to you. Your continued use of the ondulewines.com site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
By using this site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, Ondulé Wines reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Ondulé Wine’s trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of Ondulé Wines in the U.S. and/or other countries. Ondulé Wines’ trademarks and trade dress may not be used in connection with any product or service that is not Ondulé4 Wines’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ondulé Wines. All other trademarks not owned by Ondulé Wines that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ondulé Wines. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Sale of Alcoholic Beverages
Ondulé Wines does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from Ondulé Wines is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from Ondulé Wines is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Ondulé Wines shall have the right to take action against you or seek indemnification from you for any suit to which Ondulé Wines may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Ondule Wines 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.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. The billing address will be the address where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information at the time of your order.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, Ondulé Wines shall be held harmless for any such errors. In all cases, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible).
Sales and Shipping
All orders are processed at, and shipped from, [Ondulé Wines, Los Angeles]. We ship by ground and air using UPS and our shipping prices include packaging materials. Insurance may be available for an additional charge. Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. Ondulé Wines is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment.
All wines are sold in California and title passes to the buyer in California. Ondulé Wines makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California.
Please note that Ondulé Wines may not be able to ship wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. Ondulé Wines will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Ondulé Wines in its sole discretion believes that such shipment will not subject Ondulé Wines to the risk of any sort of legal action or other harm.
Ondulé Wines will notify you by email when your wines are ready to be shipped. Please be aware that your order may be delayed until ideal weather and shipping conditions arise to protect your wines. An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult (21 years of age or older) will be present and available to sign for your shipment. Ondulé Wines will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.
Please contact Ondulé Wines at (323) 980-8355 with any questions or concerns you may have regarding our shipping policies.
All wine is sold in the state of California and the title passes to the buyer in California. All purchases shipped to California addresses will be subject to a 9.5% sales tax.
License and Site Access
Ondulé Wines grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ondule Wines. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ondulé Wines. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ondulé Wines without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ondulé Wines’ name or trademarks without the express written consent of Ondule Wines. Any unauthorized use terminates the permission or license granted by Ondulé Wines. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ondulewines.com so long as the link does not portray Ondulé Wines, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ondulé Wines logo or other proprietary graphic or trademark as part of the link without express written permission.
Disclaimer of Warranties
ALTHOUGH ONDULÉ WINES ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE ONDULEWINES.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE ONDULEWINES.COM SITE. ONDULÉ WINES DOES NOT WARRANT THAT YOUR USE OF THE ONDULEWINES.COM SITE, OR THE OPERATION OR FUNCTION OF THE ONDULEWINES.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE ONDULEWINES.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. ONDULÉ WINES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE ONDULEWINES.COM SITE. THE ONDULEWINES.COM SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL ONDULÉ WINES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ONDULEWINES.COM SITE, THE USE OR PERFORMANCE OF THE ONDULEWINES.COM SITE, THE DELAY OR INABILITY TO USE THE ONDULEWINES.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ONDULEWINES.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ONDULEWINES.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONDULÉ WINES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONDULEWINES.COM SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONDULEWINES.COM SITE.
Ondulé Wines does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.
By using this website, you agree to be bound by the Terms and Conditions above. If you have any questions about these Terms and Conditions, please contact us at email@example.com or (323) 980-8355.