basis and not in a class, consolidated or representative action. If for any reason a claim proceeds
in court rather than in arbitration we each waive any right to a jury trial. Both parties agree to bring
suit in court to enjoin infringement or other misuse of intellectual property rights.
The above terms and conditions are the only ones governing this transaction and Seller makes no
oral representations of any kind. These Terms and Conditions can only be modified in writing,
signed by both Purchaser and Seller.
SPECIFIC WARRANTY BELOW for SCRATCH & DENT/OPEN BOX/ REFURBISHED/FLOOR MODELS/
CLOSEOUTS, OVERSTOCK: TERMS AND CONDITIONS OF SALE
Vinotemp (and its brands Element, Wine Mate, Cellar Tec, Apex Wine Racks, Epicureanist, Il
Romanzo, Brama (“Seller”) and the person of the entity that acquires these goods from Seller
(“Purchaser”) hereby fully agrees to the following terms and conditions of the sale:
1. Freight: Vinotemp is not a freight, moving or installation company, if Freight is arranged for the
Buyer, the Seller assumes no responsibility for the goods sold to the Purchaser once the goods
have left the Seller’s premises, including, but not limited to, late delivery by the moving carrier,
or for events caused by any difficulty carrier incurs in attempting to fit the goods into the
Purchaser’s place of business or residence due to the size of the goods or otherwise, such as
the disassembly and reassembly of the goods. Purchaser assumes all responsibility for
delivery, payment of freight, extra fees, access, measurement, installation, hook-up, moving
and storage of the goods. The transportation of all goods is subject to the terms and conditions
which the moving carrier imposes on Purchaser including, but not limited to, additional charges
imposed per flight of stairs, and/or additional charges resulting from the carrier’s inability to
safely and/or adequately use the building elevator to lift the goods to an upper floor. Any claim
for damages incurred during shipment by the carrier of the goods are insured and handled
directly with the carrier and must be noted at time of delivery.
2. All sales are final, and unless authorized in writing by the Seller, Purchaser is not entitled to
return goods, under any circumstances. If Purchaser refuses to accept goods, the Purchaser is
liable for the return and cost of freight both directions and a restocking/service fee that is 35%
of the purchase price of the goods. Purchaser must notify Seller of non-conforming goods
within four days of delivery, after which time all goods are deemed accepted.
3. If Purchaser tenders payment with a check that has insufficient funds (NSF), or stops payment
on a check or credit card for any reason, Purchaser agrees to pay for all costs associated with
the Seller’s connection or litigation of such a claim, including without limitation extra damages,
court costs, collection fees and attorney’s fees. Finance charges begin the date of invoice.
Collection fees plus NSF fee of $50 will be added to your invoice, which you agree to promptly
pay. Title to the goods does not pass until payment is received in full by Seller and Seller
retains a security interest in the goods until they are paid for in full. If the credit card dispute
goes to arbitration, Buyer agrees to pay for credit card arbitration fees.
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We each agree that any dispute resolution proceedings will be conducted only on an individual