Terms and conditions

Last update : April the 2nd of 2014

TERMS AND CONDITIONS OF WEBSITE USE
Acceptance of Terms
Thank you for visiting millesima-usa.com and welcome. Your use of millesima-usa.com (the "Website") for purchases or any other purpose is subject to the Terms and Conditions of Use that follow (the "Terms and Conditions of Use"). Please read these Terms and Conditions carefully. By accessing or using the Website, you agree to the Terms and Conditions of Use. By making a purchase on the Website, you agree to the Terms and Conditions of Sale, which are incorporated by reference into the Terms and Conditions of Use and will apply to all purchases made through the Website. If you do not agree to each of the Terms and Conditions of Use, then you are not authorized to, and may not, use the Website. If you breach any of the Terms and Conditions of Use, your authorization to use the Website automatically terminates. A hard copy of these Terms and Conditions of Use is available to you by printing these Terms and Conditions of Use directly from the Website, by downloading the Terms and Conditions of Use from the Website to a disk and then printing them or by clicking on "Contact Us" on the Website and e-mailing us your request for a copy of the Terms and Conditions of Use, along with your mailing address.
Intellectual Property Rights
Copyright
The materials and content on the Website, including their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions. Any unauthorized use of the materials or content available on the Website may violate such laws. Millesima USA LLC does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. Except for printing not more than two copies of materials or content provided on the Website for use consistent with the purposes of the Website, including, but not limited to, printing your purchase invoices, no portion of the materials, content or information on the Website may be reproduced or distributed in any form or by any means without Millesima USA LLC's prior written permission. Trademark Millesima, the Millesima logo and certain other names or logos displayed on the Website are service marks or trademarks owned or licensed by Millesima USA LLC, and all related products and service names, design marks and slogans are the service marks or trademarks of Millesima USA LLC or its licensors, or of the suppliers of the products or services identified, and are protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the "look" and "feel" of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Acceptable Use of the Site
The Website and its services are intended to be used for the lawful purchase of the products available on the Website. The Website may be used only for lawful purposes consistent with the foregoing intent. Millesima USA LLC is the sole interpreter of the Website's intended and acceptable use. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree, as the case may be, to Millesima USA LLC that: (a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law, including, but not limited to, the purchase or furnishing of alcoholic beverages to minors or other persons not authorized to purchase or use alcoholic beverages; (b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that: (i) restrict or inhibit any individual who uses any aspect of the Website or its services (a "User") from using and enjoying the Website; (ii) are unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or endorse or advocate illegal or immoral activity, or violate the rights of any third party; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation; (iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, worm, Trojan horse, or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; (viii) impersonate another person, living or dead; (ix) contain chain letters, pyramid schemes or like documents; (x) contain any opinions or notices, commercial or otherwise; (xi) contain any information or is presented in any manner or for any purpose other than that which is within the Website's intended and acceptable use; (xii) are unsolicited; or (xiii) constitute or contain false or misleading indications of origin or statements of fact, including, but not limited to, the use of a false name; (c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name; (d) you will report inappropriate conduct to Millesima USA LLC; (e) you will represent yourself accurately and truthfully at all times; (f) you grant Millesima USA LLC LLC the right to verify independently by any lawful means any information that you transmit to Millesima through the Website, including, but not limited to, information about yourself; (g) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and (h) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof without Millesima USA LLC's prior written consent.
Use and Protection of User Name and Password
If you are issued a user name and password for the purpose of making purchases through the Website or gaining access to restricted areas of the Website, you are responsible for maintaining the confidentiality of your user name and password. You are no longer authorized to use, and you may not use, the user name and password if, at any time, you are no longer authorized to make purchases through, or have access to the restricted areas of, the Website, or if the conditions which entitle you to access cease to exist. You are responsible for all uses of your user name and password whether or not you have expressly or impliedly authorized such use. Millesima USA LLC is entitled to rely on your compliance with the foregoing, and to assume that any person making purchases or accessing restricted areas of the Website using your user name and/or password is you, or is authorized by you to enter into agreements or make warranties or representations on your behalf.
Indemnification
You agree to indemnify, defend and hold harmless Millesima USA LLC, and all its officers, directors, members, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or any use of your user name and password, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Millesima USA LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Millesima USA LLC.
Your Information
"Your Information" includes any information that you provide to Millesima USA LLC, including but not limited to, any information that you provide (i) during your use of the Website, or (ii) through any electronic mail ("e-mail") you send to Millesima USA LLC, using the Website's "contact us" feature, or otherwise. Millesima USA LLC will use Your Information only in accordance with its privacy policy described below. If you believe that any material on the Website infringes a copyright that you own or are authorized to represent, please provide Millesima USA LLC with a written notice (e-mail is sufficient) that includes the following information: (a) electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The above notice should be provided to Millesima USA LLC's copyright agent for notice of claims of copyright infringement on the Website, at change for info@millesima.com.
Privacy Policy
Millesima USA LLC will only use and disclose Your Information in accordance with its then current privacy policy, available on the Website, which is incorporated herein by reference. Please note that any information that you may submit to advertisers on the Website or to websites linked to the Website will be subject to the privacy policies of such advertisers or linked websites, and will not be subject to Millesima USA LLC's privacy policy.
Links to Other Sites
The Website may contain links and pointers to websites operated by third parties. These links are provided solely as a convenience to you and not as an endorsement by Millesima USA LLC of the contents of such third-party websites. Millesima USA LLC is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Security Rules
You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation : (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, "flooding", "mailbombing" or "crashing" the Website; or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (all of the foregoing, the "Security Rules"). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. Millesima USA LLC will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such attempts to violate or violations.
LIMITATION OF WARRANTIES AND DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF USE, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MILLESIMA USA LLC, ITS AFFILIATES, PARENTS AND SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT OR WEBSITE AVAILABILITY. WITHOUT LIMITING THE FOREGOING, MILLESIMA USA LLC MAKES NO WARRANTY THAT : (i) THE PRODUCTS AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR (ii) THE SERVICES OFFERED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES. WEBSITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, INCLUDING, BUT NOT LIMITED TO, ERRORS CONCERNING PRICING, AND MILLESIMA USA LLC SHALL NOT BE BOUND THEREBY. MILLESIMA USA LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. MILLESIMA USA LLC MAY CHANGE THE WEBSITE AT ANY TIME AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. MILLESIMA USA LLC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MILLESIMA USA LLC IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL MILLESIMA USA LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, ITS CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MILLESIMA USA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MILLESIMA USA LLC'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.00 OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.
Notices
Except as explicitly stated otherwise, any notices under these Terms and Conditions shall be given by e-mail to change for info@millesima.com (in the case of Millesima USA LLC) and to the e-mail address that you provide to Millesima USA LLC during any submission or registration process, or such other address as you shall specify from time to time (in your case). Notice shall be deemed given six (6) hours after an e-mail is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Millesima USA LLC during any submission or registration process. In such case, notice shall be deemed given three (3) days after the date of mailing. Governing Law This Website (excluding any linked sites) is controlled by Millesima USA LLC from its offices within the State of New York, notwithstanding that it may be physically hosted elsewhere. The laws applicable to the interpretation of these Terms and Conditions of Use shall be the laws of the State of New York and applicable federal law, without regard to any conflict of laws rules thereof. Millesima USA LLC makes no representation that the content, materials, services or information available on the Website are appropriate for access outside of the United States and accessing them from jurisdictions where they are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with local laws. You agree to submission of any dispute arising under or in connection with the use of this Website and/or its Contents exclusively to the state and federal courts sitting in the State of New York and the County of New York, New York, and hereby agree to submit to the exclusive jurisdiction thereof.
General
Except as expressly provided in a particular "Legal Notices" or text on a particular Web page of the Website, these Terms and Conditions of Use and the Terms and Conditions of Sale set forth the entire understanding and agreement between Millesima USA LLC and you with respect to the subject matter hereof. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Millesima USA LLC's failure to act with respect to a breach by you or others does not waive Millesima USA LLC's right to act with respect to subsequent or similar breaches. You acknowledge that by submitting communications to Millesima USA LLC, no confidential, fiduciary, contractually implied or other relationship is created between you and Millesima USA LLC other than pursuant to these Terms and Conditions of Use and Terms and Conditions of Sale.
Changes to Terms and Conditions of Use
Millesima USA LLC reserves the right to change the Terms and Conditions of Use from time to time in its sole discretion. Your use of the Website will be subject to the most current version of the Terms and Conditions of Use posted on the Website at the time of such use. If Millesima USA LLC changes these Terms and Conditions of Use, a notice will be posted on the home page of the Website and the date of the latest change will be noted. If you have not read the Terms and Conditions since the date of the last change, please read the revised Terms and Conditions, as they will govern your use of the Website. Your continued use of this site after we post such notice will constitute your acceptance of the new Terms and Conditions. Complaints, Questions or Comments
If you have any complaints, questions or comments about these Terms and Conditions of Use, the Website and/or the Content, please feel free to e-mail us at info@millesima.com.
© 2011 Millesima USA LLC
All Rights Reserved.
TERMS AND CONDITIONS OF SALE
Acceptance of Terms
Thank you for visiting millesima.com and welcome. Your use of millesima-usa.com (the "Website") for purchases or any other purpose is subject to the Terms and Conditions of Sale that follow (the "Terms and Conditions of Sale") and our separate Terms and Conditions of Website Use, which are incorporated by reference. Please read these Terms and Conditions carefully. By accessing or using the Website, you agree to the Terms and Conditions of Use. By making a purchase on the Website, you agree to the Terms and Conditions of Sale, which will apply to all purchases made through the Website. If you do not agree to each of the Terms and Conditions of Sale, then you are not authorized to, and may not, make purchases using the Website. A hard copy of these Terms and Conditions of Sale is available to you by printing these Terms and Conditions of Sale directly from the Website, by downloading the Terms and Conditions of Sale from the Website to a disk and then printing them or by clicking on "Contact Us" on the Website and e-mailing us your request for a copy of the Terms and Conditions of Sale, along with your mailing address.
Our Shipping Policy
All wines and spirits purchased from Millesima USA LLC are sold at its licensed premises in New York State, where title passes to the buyer. For a shipping and handling fee, Millesima will, at the request of the buyer, arrange shipment of wines only (not spirits) to a buyer in certain other states. Buyers are advised that some states place restrictions, including but not limited to limits on quantity, on the alcoholic beverages which a resident may bring into the state, and it is the buyer’s sole responsibility to be informed of and abide by such restrictions, and to comply with any conditions the buyer’s state may impose, including but not limited to the payment of any taxes such state may impose on wines shipped into such state. By placing an order, the buyer warrants that he or she is in compliance with the laws and regulations of the state to which the buyer elects to ship wines. Furthermore, by placing an order, the buyer authorizes Millesima USA LLC to engage and select a common carrier on the buyer’s behalf. In order to comply with state laws, Millesima does not ship wines to addresses in the following states: AK, AL, DE, FL, HI, IL, IN, KY, MA, MD, ME, MI, MS, MT, NH, NJ, NM, OK, PA, RI, TN, TX, VT, UT and WY. Please contact Millesima if you reside in one of these states to discuss possible alternative arrangements to purchase wines. You must be at least 21 years of age to order, purchase and receive wine by U.S. federal law. MILLESIMA USA LLC requires the signature of an adult (minimum 21 years of age) upon delivery of the order. Millesima does not ship to PO boxes, APO/FPO addresses, or third-party mailbox rental centers. In addition, Millesima does not ship to addresses in foreign countries, nor does it ship to freight forwarders or brokers who intend to ship the wines to destinations outside of the U.S.
Minimum purchase for delivery
Millesima asks for a minimum purchase of $150.00 before tax in order to arrange shipment of purchases utilizing the Website. This applies to all states where Millesima is currently able to ship.
Conditions Affecting Shipment
Our aim is to provide delivery service which is as fast and reliable as possible. Unless you request otherwise, your purchase will be shipped via standard ground shipping. To discuss the expedited delivery options which are available at an additional charge, please contact us toll free at 1-877-MILLUSA. Dates of shipping and delivery that Millesima USA LLC may provide its customers are approximations only, and actual shipping and delivery dates may vary. At Millesima USA LLC, all our wines are stored in a temperature-controlled warehouse and/or retail premise, and we wish to provide our customers every possible assurance that our fine wines are handled and stored in the best possible conditions while the products are under our control. During seasons or periods of extreme heat or cold, we reserve the right to delay your order and to release it for delivery only when conditions improve. In such circumstances, we will advise you at the time your order is processed that we do not recommend shipping your order. Millesima USA LLC does not accept responsibility for goods damaged during transit to the buyer. Please take note of the terms below concerning Refunds, Returns & Exchanges.
Shipping Fees
Fees vary by destination and are indicated at the time the customer finalizes the “Shopping Basket” on the Millesima Website, or the fees will be quoted by Millesima USA LLC at the time an order is placed on the telephone. For customers in New York State, shipping will be charged to the customer for a delivery of merchandise with an invoice value before tax of up to $249.99. Shipping is free for deliveries with an invoice value before tax of $250.00 or more for delivery addresses in: Manhattan, Bronx, Brooklyn, Queens, and Staten Island Shipping fees for “futures” merchandise are billed to the customer at the time the wines are ready for delivery.
Shipping of Original Wood Cases
All shipments utilizing a common carrier that you authorize Millesima USA LLC to select on your behalf by placing an order are packed in protective carton shippers approved by such common carriers. For an additional charge, you may request shipment of the original wood case packed in a separate carton shipper. To do so, please e-mail us at info@millesima.com or telephone us toll free at 1-877-MILLUSA.
Refunds, Returns & Exchanges
You must inform Millesima USA LLC within 48 hours in writing via fax or e-mail if merchandise you have received is defective. Within five (5) days of receiving the order, you must bring the open, resealed bottle claimed to be defective to the Millesima USA LLC retail premise for inspection, together with the sales receipt or invoice. Defective merchandise will be exchanged for an equal amount of the same product, provided it is still available and in stock, or by another product of equal value. With the exception of defective merchandise subject to the terms described above, there are no refunds, returns or exchanges. Once the wine has been shipped, the sale is final. Please take note of the terms for "futures" explained below.
Futures
An order for wines sold as "futures" for delivery at a future date must normally be paid at the time of order by a deposit equal to the full value of the merchandise. Customers are advised that some states may prohibit or restrict such "futures" sales, and it is their responsibility to be informed of and abide by such state laws. Following processing of a "futures" order and receipt of deposit, a pro forma invoice will be mailed to the customer's billing address. This invoice together with proof of payment will guarantee ownership of the wines. Once the invoice has been mailed and the deposit has been received, the order is final and cannot be cancelled or modified. Additional "futures" wines may be ordered, but they will be invoiced and must be paid separately. Projected arrival and delivery dates for "futures" are estimates only and may vary by several months, depending upon the timing of the release from the estate and other factors. When the wines are ready for delivery, the customer will be contacted by Millesima USA LLC to confirm delivery arrangements and to advise of the sales tax and shipping charges, if any, which apply at that time. The customer will have 30 days from date of notification to pay any and all remaining charges and either take delivery of the merchandise or pick up the wines at the Millesima USA LLC retail premise. No "futures" merchandise shall be delivered or may be picked up until and unless all outstanding charges are paid in full. Millesima USA LLC does not store wines for customers at its retail premise or elsewhere. If the customer fails to pay all remaining charges by 30 days from date of notification of availability, Millesima USA LLC reserves the right to cancel the order. Millesima USA LLC will, in the case of such cancelation, refund the full amount of the original deposit paid by the customer. In the event that any wines ordered as "futures" by a customer are unavailable at the time of delivery, Millesima USA LLC will refund the full value of any and all such "futures" wines as originally invoiced to the customer.
Pre-Arrivals
An order for wines sold as "Pre-Arrivals" for delivery at a future date must normally be paid at the time of order. Customers are advised that some states may prohibit or restrict such "Pre-Arrivals" sales, and it is their responsibility to be informed of and abide by such state laws. Following processing of a "Pre-Arrivals" order, an invoice will be mailed to the customer's billing address or by email. This invoice together with proof of payment will guarantee ownership of the wines. Once the invoice has been mailed and the payment has been received, the order is final and cannot be cancelled or modified. Projected arrival and delivery dates for "Pre-Arrivals" are estimates only and may vary by several months, depending upon our next shipment. When the wines are ready for delivery, the customer will be contacted by Millesima USA LLC to confirm delivery arrangements. In the event that any wines ordered as "Pre-Arrivals" by a customer are unavailable at the time of delivery, Millesima USA LLC will refund the full value of any and all such " Pre-Arrivals " wines as originally invoiced to the customer.
LIMITATION OF WARRANTIES AND DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF USE, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MILLESIMA USA LLC, ITS AFFILIATES, PARENTS AND SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT OR WEBSITE AVAILABILITY. WITHOUT LIMITING THE FOREGOING, MILLESIMA USA LLC MAKES NO WARRANTY THAT : (i) THE PRODUCTS AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR (ii) THE SERVICES OFFERED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES. WEBSITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, INCLUDING, BUT NOT LIMITED TO, ERRORS CONCERNING PRICING, AND MILLESIMA USA LLC SHALL NOT BE BOUND THEREBY. MILLESIMA USA LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. MILLESIMA USA LLC MAY CHANGE THE WEBSITE AT ANY TIME AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. MILLESIMA USA LLC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MILLESIMA USA LLC IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL MILLESIMA USA LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, ITS CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MILLESIMA USA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MILLESIMA USA LLC'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.00 OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.
Notices
Except as explicitly stated otherwise, any notices under these Terms and Conditions shall be given by e-mail to info@millesima.com (in the case of Millesima USA LLC) and to the e-mail address that you provide to Millesima USA LLC during any submission or registration process, or such other address as you shall specify from time to time (in your case). Notice shall be deemed given six (6) hours after an e-mail is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Millesima USA LLC during any submission or registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Governing Law
This Website (excluding any linked sites) is controlled by Millesima USA LLC from its offices within the State of New York, notwithstanding that it may be physically hosted elsewhere. The laws applicable to the interpretation of these Terms and Conditions of Sale shall be the laws of the State of New York and applicable federal law, without regard to any conflict of laws rules thereof. Millesima USA LLC makes no representation that the content, materials, services or information available on the Website are appropriate for access outside of the United States and accessing them from jurisdictions where they are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with local laws. You agree to submission of any dispute arising under or in connection with the use of this Website and/or its Contents exclusively to the state and federal courts sitting in the State of New York and the County of New York, New York, and hereby agree to submit to the exclusive jurisdiction thereof.
General
Except as expressly provided in a particular "Legal Notices" or text on a particular Web page of the Website, the Terms and Conditions of Use and these Terms and Conditions of Sale set forth the entire understanding and agreement between Millesima USA LLC and you with respect to the subject matter hereof. If any provision of the Terms and Conditions of Use and these Terms and Conditions of Sale is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Millisema USA LLC's failure to act with respect to a breach by you or others does not waive Millisema USA LLC's right to act with respect to subsequent or similar breaches. You acknowledge that by submitting communications to Millesima USA LLC, no confidential, fiduciary, contractually implied or other relationship is created between you and Millesima USA LLC other than pursuant to these Terms and Conditions of Use and Terms and Conditions of Sale.
Changes to Terms and Conditions of Sale
Millesima USA LLC reserves the right to change the Terms and Conditions of Sale from time to time in its sole discretion. Your use of the Website will be subject to the most current version of the Terms and Conditions of Sale posted on the Website at the time of such use. If Millesima USA LLC changes these Terms and Conditions of Sale, a notice will be posted on the home page of the Website and the date of the latest change will be noted. If you have not read the Terms and Conditions since the date of the last change, please read the revised Terms and Conditions, as they will govern your purchases using the Website. Your continued use of this site after we post such notice will constitute your acceptance of the new Terms and Conditions.
Complaints, Questions or Comments
If you have any complaints, questions or comments about these Terms and Conditions of Sale, the Website and/or the Content, please feel free to e-mail us at info@millesima.com.
© 2011 Millesima USA LLC
All Rights Reserved.
MILLESIMA USA LLC PRIVACY POLICY
Millesima USA LLC is committed to protecting the privacy of users of the millesima.com website (the "Website"). We will use reasonable efforts to see that all information, identifying and otherwise, submitted to us by users, remains private and is used only for the purposes for which you submit it and as set forth in this policy. Furthermore, at Millesima USA we believe our online users have a right to know what information we collect when you visit our Website. This Online Privacy Policy outlines the types of information we gather about you, how we gather your information, how we use it, with whom we might share it, the means by which we keep it secure and the choices you have about the information you choose to share with us. Please note that the Website may contain links to other sites that that we believe you might find useful. Operators of linked sites may sometimes gather information from you. We wish to caution you that you must take the responsibility for investigating, and must rely upon, the privacy policies of linked sites. Millesima USA LLC has no control over such privacy policies or information submitted to linked sites.
What Information Do We collect and How Do We Collect It?
When you purchase merchandise through the Website, you may be asked to complete one or more online forms asking for some information relevant to your purchase. We collect some or all of the following types of information:
- Your name, e-mail address, billing address, shipping address(s), telephone numbers and credit card information, including credit card number, expiration date and card identification number.
- The information you include in any e-mail communications you send to Millesima USA LLC using the Website's "contact us" feature.
In addition, because of the way that World Wide Web communication standards work, when you arrive at or leave the Website, we automatically receive the Web addresses of the site that you came from or are going to. We also may collect information on which pages of the Website you visit while you are on the Website, the type of browser you use and the times you access the Website. Information referred to in this paragraph is called "Website Traffic Information".
How Do We Use the Information?
We may use your name, address, and e-mail address to contact you to confirm your order or about matters relevant to your order. We also use the information you provide to process your orders, and to make available to you catalogues, announcements and newsletters that we believe will be of interest to you. When you become a Millesima USA LLC customer, you will be added automatically to our mailing list. Millesima USA LLC will use your contact information to send catalogues, announcements, newsletters and offers that we believe will be of interest. You will always have the right to opt out if you so choose by contacting us via e-mail at info@millesima.com or by calling (toll free) 1-877-MILLUSA. Millesima USA LLC does not sell your information to anyone and does not share personally identifiable information with any nonaffiliated third parties other than credit card companies for the purpose of verifying your credit card and processing transactions, except in the limited circumstances described below :
1. We may disclose information that we believe in good faith is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Terms of Use. This means that if we conduct a fraud investigation and conclude that someone who has submitted information to us has engaged in deceptive practices, we may give that person's contact information to interested parties who request it.
2. We may disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action.
3. We may disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
4. We may share aggregated statistical data with others for public relations, marketing or other purposes. Such data will not, however, be tied to personally identifiable information.
Millesima USA LLC uses Website Traffic Information to try to understand your preferences better and to manage the load on our servers, so as to improve our service and your experience on the Website. Millesima USA LLC may also compile statistical information not tied to personally identifiable information from Website Traffic Information to assist us in our marketing efforts.
In the event all, substantially all, or a part of Millesima USA LLC's business were sold, transferred, or disposed of (in accordance with legal proceedings, by merger or otherwise), personal information, including identifying information, may, of course, become available to the purchaser or transferee and would be subject to its privacy policies.
Millesima USA LLC is affiliated with Millésima, S.A., a French online wine retailer, and the millesima.com website is operated by Millésima, S.A. together with its affiliates in the U.S. and elsewhere. As a result, your information is shared by Millésima, S.A. and Millesima USA LLC. Millésima, S.A. will treat such information in a manner that is consistent with this privacy policy.
Correcting/ Updating Information
You may review, correct, modify or delete any information you submit to Millesima USA LLC at any time by sending an e-mail request to info@millesima.com.
Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Please note, however, that no transmission over the Internet can be 100% secure. ALTHOUGH MILLESIMA USA LLC WILL USE REASONABLE EFFORTS TO PROVIDE ALL OF THE FOREGOING SECURITY FEATURES, AND TO TREAT ALL DATA IN ACCORDANCE WITH THE POLICIES SET FORTH HEREIN, AS WITH VIRTUALLY ANY COMPUTER SYSTEM, THERE CAN BE NO ABSOLUTE ASSURANCE THAT SECURITY BREACHES WILL NOT OCCUR AND MILLESIMA USA LLC HEREBY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY SUCH SECURITY BREACHES.
Use of Cookies
Cookies are small data files that some websites send to your computer to allow the Website to recognize you as a Website user if you return to the Website using the same computer and browser or for other reasons. Millesima USA LLC employs cookies to count and track visitors to our web site and to identify you as a returning visitor and/or purchaser. We use this information to analyze the activity of our visitors and improve our services and product selection. If you set your browser to refuse cookies some of the Website's functions may not operate properly or be available to you.
Pictures, photos and illustrations used and displayed on the website are non-contractual.
Changes to the Online Privacy Policy
Millesima USA LLC's Online Privacy Policy may be changed at any time. If we ever change the Online Privacy Policy, we will post that information on this Privacy Policy page. Significant changes to the Online Privacy Policy will be noted on the millesima.com home page to provide notification to users.
Your Acceptance of These Terms
By using the Website, you consent to the terms of this privacy policy and to the collection and use of this information by us.
Contacting the Website
If you have any questions about Millesima USA LLC's privacy practices or this Online Privacy Policy, please e-mail us at info@millesima.com.
© 2011 Millesima USA LLC
All Rights Reserved.