ten days of the occurrence giving rise to the claim and wait an additional thirty days for a response
before initiating any legal action. The sale and all terms are subject to Nevada law. Any legal
proceeding arising out of or relating to these terms and conditions or to the goods sold Purchaser
shall bring, solely and exclusively in Clark County. In no event may Purchaser initiate any legal
proceeding more than six months after the occurrence of the event giving rise to the dispute. Seller
may make nonpayment claims until debt is paid in full. Any dispute or claim relating in any way to
these to the Terms and Conditions, the Website, or any products or services sold or distributed by
or through this Website, store, or catalog will be resolved by binding arbitration, rather than in court,
except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration
Act and federal arbitration law apply to the Terms and Conditions. We each agree that any dispute
resolution proceedings will be conducted only on an individual 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
aggress 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 attem
pting 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 fl ight
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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