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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 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
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