Terms of Service

BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BINDING ARBITRATION AND WAIVER OF A RIGHT TO JURY TRIAL, AND YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER.  IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS WEBSITE.

 

Hello and thank you for visiting. Unis Star Importing, LLC, which sometimes does business as Celerier’s Cellar or Celeriers-cellar.com, operates and provides services through Celeriers-cellar.com. These terms of use are entered into by and between You and Celerier’s Cellar (“Celeriers-cellar.com,” "Company," "we," or "us").  The following terms and conditions (collectively, "Terms of Use"), govern your access to and use of Celeriers-cellar.com, including any content, functionality, and services offered on or through Celeriers-cellar.com (the "Website"), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://celerierscellar.myshopify.com/policies/privacy-policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

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. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

THE SALE OF ALCOHOLIC BEVERAGES

Celeriers-cellar.com does not sell alcohol to persons under the age of 21.  By using this site you swear and affirm that you are over the age of 21.  Celeriers-cellar.com 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 are acknowledging that the person receiving a shipment of alcoholic beverages from Celeriers-cellar.com is over the age of 21. You also agree that any alcohol purchased from Celeriers-cellar.com is intended for personal consumption and not for resale.

 

Notice; Electronic Communications

When you visit Celeriers-cellar.com or send emails to Company, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

RETURNS

10 DAY RETURN POLICY – UNUSED PRODUCTS ONLY

Returns are only accepted within 10 days of the date your order is shipped.  To return your wine, please contact us at customerservice@Celeriers-cellar.com. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Celeriers-cellar.com will not cover return shipping fees.

 

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and notify you of the approval or rejection of your refund.  If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.

 

DAMAGED IN SHIPMENT

If you receive your wine and it has been damaged during shipment, please email us at customerservice@Celeriers-cellar.com within three days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.

 

Geographic Restrictions

We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

Neither Celerier’s Cellar and its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of (or inability to use) the website or any products purchased thereon.

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, 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, 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.

 

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 (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

 

Arbitration

In the interest of resolving disputes between you and Celerier’s Cellar in the most expedient and cost effective manner, you and Celerier’s Cellar agree that every dispute arising out of or in connection with these Terms or your use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.

 

Waiver of Jury Trial and Class Actions

 

BY ENTERING INTO THESE TERMS OF USE, YOU AND COMPANY ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND COMPANY BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

 

Any arbitration between you and the Company will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Warby Parker. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

Any party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Our address for Notice is:  [INSERT]. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

 

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 by the Company of any term or condition set out 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 and our Privacy Policy constitute the sole and entire agreement between you and East Coast Granite Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Assignment

Company may assign its rights and duties under these Terms of Use to any party at any time without

notice to you.

 

Third-Party Links
In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which may have separate terms and conditions of use, independent of ours.  These linked sites are only for your convenience and therefore you access them at your own risk.  Without limiting the foregoing, we specifically disclaim any responsibility if such sites: (i) infringe any third party's intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.

 

We do not endorse the content, or any products or services available, on such sites. 

 

Survival

The provisions of these Terms of Use entitled “Disclaimer of Warranties,” “Limitation on Liability,” “Indemnification,” “Governing Law and Jurisdiction,” “Arbitration,” “Waiver of Jury Trial and Class Action,” and “Limitation on Time to File Claims” will survive the termination of this Agreement.

 

Your Comments and Concerns

 

This website is operated by [insert name and address]

 

All notices of copyright infringement claims and all other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: customerservice@Celeriers-cellar.com.

 

INTELLECTUAL PROPERtY

 

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.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: customerservice@Celeriers-cellar.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, the Company logo, 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.

 

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at customerservice@Celeriers-cellar.com.  

 

REFERral program TERMS AND CONDITIONS

 

The Celeriers-cellar.com Referral Program allows customers to share their enthusiasm for Celerier’s Cellar wines with others.

 

The Referral Program is available to legal residents of the United States over the age of 21.  You can sign up for the Referral Program by registering online at [website]. After you register, you can refer up to 25 people on any given day and you up to 500 participants in total. After you input names, you will receive a unique referral link to share with others.  Link recipients must complete the referral as described in the email.

 

You will receive a Reward Credit (of up to 5%) for each qualifying purchase by a person that you refer.   The Reward Credits will be deposited in your Celeriers-cellar.com online account within five days of the qualifying purchase and can be used toward the purchase of Celeriers-cellar.com products and merchandise. Reward Credits cannot be applied to shipping fees and taxes. Rewards are subject to verification and Celeriers-cellar.com may refuse to issue Reward Credits that do not comply with the Terms and Conditions.

 

Reward Credits have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.

 

You will not receive credit for referring yourself.  If you create multiple or fictitious accounts, Celeriers-cellar.com will deactivate your account and will not receive credit for any referrals.   Participation is void where prohibited by law.  Employees of Celeriers-cellar.com or any of its subsidiaries, affiliates or promotional agencies are not able to participate.

 

The personal information collected, processed and used as part of the Referral Program will be used in accordance with Celeriers-cellar.com’s Privacy Statement, which is available at https://celerierscellar.myshopify.com/policies/privacy-policy.

 

We reserve the right to cancel, modify or terminate the Referral Program at any time for any reason. We reserve the right to disqualify any user at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

 

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • 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).
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • 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.

 

Additionally, you agree not to:

  • Use the Website 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.
  • Use any 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.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, 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.
  • Otherwise attempt to interfere with the proper working of the Website.

 

 

 

Questions about the Terms of Service should be sent to us at shopify@rdkone.com.