Conditions of Use
Welcome to Napacabs, Inc. Services to you are subject to the following conditions. If you visit or shop at Napacabs.com, you accept these conditions. Please read them carefully.
When you visit Napacabs.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
If you use this site, 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. Napacabs.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 21, you may use Napacabs.com only with involvement of a parent or guardian to purchase non-alcohol gifts and accessories. Napacabs.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Napacabs.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Napacabs.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Napacabs.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Napacabs.com for all claims resulting from content you supply. Napacabs.com has the right but not the obligation to monitor and edit or remove any activity or content. Napacabs.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Napacabs.com and its affiliates attempt to be as accurate as possible. However, Napacabs.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Napacabs.com itself is not as described, your sole remedy is to return it in unused condition.
Parties other than Napacabs.com and its subsidiaries operate stores, provide services, or sell product lines on this site. For example, La Cache Wine Cellars is our Wine Storage merchant, and other businesses and individuals offer products at our Auctions. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Napacabs.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Napacabs.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. Napacabs.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Napacabs.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Napacabs.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Napacabs.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Napacabs.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Buyer agrees to indemnify, defend, and hold harmless Napacabs, Inc. (a California corporation), and its affiliated companies, their officers, directors, employees, agents, and their successors and assigns, from all claims, demands, expenses (including reasonable attorneys’ and consultants’ fees), liabilities, penalties, costs, causes of action, enforcement procedures, and suits of any kind or nature (hereinafter “Claims”), of which Napacabs may hereinafter incur as a result of Buyer’s breach of this Agreement, or performance of its obligations under the Agreement, or its or non-compliance with any laws and regulations applicable to the transportation of Napacabs’s shipments, whether such action is brought by a governmental agency or other person or entity.
By visiting Napacabs.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Napacabs.com.
Any dispute relating in any way to your visit to Napacabs.com or to products you purchase through Napacabs.com shall be submitted to confidential arbitration in Chino, California, except that, to the extent you have in any manner violated or threatened to violate Napacabs.com's intellectual property rights, Napacabs.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your visit to Napacabs.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
We offer you consistently low prices on every item in our store. All prices are listed in U.S. dollars.
We do not have a price-matching policy.
Oversized and extremely heavy items are marked on their product information pages as requiring a special surcharge. The surcharge varies depending on the size and weight of the item. Special order items may incur an additional charge per item due to the additional labor required in ordering these titles directly from the winery, distributor, or manufacturer. Both of these charges will be included in the Shipping & Handling subtotal of your order.
We cannot confirm the price of an item until you order, but please note that we do NOT charge your credit card until your order enters the shipping process. Despite our best efforts, a small number of the items in our catalog are missed priced. Rest assured, however, that we verify prices as part of our shipping procedures.
If an item's correct price is lower than our stated price (except for zero priced items resulting from corrupt data), we charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Returns: Damaged or Spoiled
At Napacabs.com, your satisfaction is very important to us. If you are not satisfied, email us immediately about any problems you may experience. We would like the opportunity to correct the situation.
We can only accept returns and exchanges of damaged or spoiled items that are still in their original packaging within 30 days of the purchase date, please contact us by email at support@Napacabs.com. We require you to return any unopened bottles to us for quality control. Based on our inspection and discretion, we may offer a replacement, a refund or a credit, less the original and return shipping charges. Please note that all returns are subject to a 25% restocking fee. It is the industry standard and the policy of Napacabs, Inc., that wines purchased with a vintage of five years or older are purchased at the buyer's risk.
Should any product be damaged during shipping except for leakage due to the selection of ground shipping*, please email support@Napacabs.com, so we can pursue a claim with the shipping company and begin the replacement process. We will issue a refund or account credit, less the original and return shipping charges.
*We do not recommend ground delivery for wines, because of the potential heat exposure, during warm weather conditions. We cannot be responsible for damaged wines due to the selection of ground delivery. We strongly urge you to consider the effect of weather conditions when selecting a shipping method. We will hold purchased wines at no additional cost until temperature condition are more suitable for shipping.
Although we are usually able to ship your order on the same day, occasionally, demand for limited supplies will deplete our stock of a particular wine. Thus, the item will be placed on backorder and we will ship and bill only the partial order. When the backordered item becomes available, we will contact you via e-mail for your approval to ship and bill.
Service Limited To Certain States:
Shipments of Wine: The purchaser of all alcoholic beverages is representing that he/she is acting in compliance with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered. All wines are sold in CA, and title passes to the buyer in CA. We make no representation to the legal rights of anyone to ship or import wines into any state outside of CA. The buyer is solely responsible for the shipment of wines. By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to you.
The shipping price is calculated when you check out.
We require a 1-3 business day window, not including holidays or weekends, to ship all orders. Because of the potential heat exposure, during warm weather conditions, we will hold purchased wines at no additional cost until temperature condition are more suitable for shipping. Therefore, selecting a shipping option of Next day, 2nd Day or 3-Day Select only represents the minimum business days that the package will be in transit. During warm weather, we will hold orders until conditions improve.
For first time customers, we may need to verify the information you provide to insure order authenticity. If this is the case we will attempt to contact you as soon as possible. Please Note: We will NOT ship out any order until we are able verify it is authentic.
Riedel stemware are shipped separately from wine, within 5-7 days.
Unfortunately, we cannot ship alcohol to PO Boxes or APO/FPO addresses.
Primary shipping will be by Fedex
We will ship to you at work
Recipient MUST by law sign for delivery. A valid picture ID must be provided. When your wine or cigars are delivered to you, you will be required to show identification proving that you are at least 21 years old. All orders legally require: Drivers License, Military, Passport, or State ID.
If recipient is found to be under the age of 21, all packages will be returned to us. No refund will be allowed.
If Fedex cannot make a delivery because no one is home, your package will be held up to 3 days at the Fedex warehouse. You can pick it up there under the same conditions listed above.
All of our wines are properly stored in a temperature and humidity controlled wine cellar warehouse in Chino California and shipped in a insulating polystyrene insert and a rugged outer carton.
Currently, residents of non-reciprocal states are denied the ability to purchase and receive wine directly from their favorite wineries in California. Napacabs provides an opportunity to purchase wines from exclusive wineries which do not produce and ship large quantities. NapaCabs will arrange for shipment on behalf of our customer, to an address specified by our customer, provided that NapaCabs in its sole judgment believes that such shipment will not subject NapaCabs to the risk of any sort of legal action or other harm. If a customer lives in a state where the direct shipment of wine by NapaCabs violates the law, we suggest that the customer provide an alternative address in another state or have their wine shipped to a third-party storage facility in a direct shipping-friendly state. As a service to our customers, you may temporarily store wines (1 to 20 days*) at our temperature and humidity controlled warehouse or we can also ship to the following facilities, which are not affiliated with NapaCabs. We do not provide an endorsement of any facility and we recommend that you contact the facility directly to determine if their costs and services meet your needs.
Third party storage facilities: Fifty-Five Degrees (St Helena, California -- 707-963-5513)
*We will hold wines for customers for up to 20 days at no charge, for storage in excess of twenty days please contact us at 909-548-2888 for pricing.
All wines not pickup or reuested to be shipped after one year of order will be disposed, no refunds. Exceptions are when you email us to arrange paid storage.
California Sales Tax
All alcoholic beverages shipped to any California and California, San Bernardino County addresses are subject to California sales tax of 7.25% and 7.75%, respectively.
14702 Central Ave. Unit A
Chino, California 91710
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