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CITARELLA WINES AND SPIRITS, LLC TERMS & CONDITIONS
NOTICE: TERMS & CONDITIONS UPDATED
UPDATED: JANUARY 27, 2020
We believe there’s always something worth celebrating, and we are dedicated to helping you find the perfect bottle for every occasion.
Prized vintages for special occasions, small-batch spirits, one-of-a-kind craft beers, and your weeknight go-to wine: our team of friendly experts will guide you through a selection that spans the globe. With daily tastings, a collection of rare and hard-to-find items, custom gift baskets, and recommendations tailored to every palate there’s no better place to find the perfect pairing.
Visit Citarella Wines & Spirits (located next door to our gourmet market in Greenwich, CT and in Hudson Yards, New York City) for an impressive and ever-evolving selection of fine wines, artisanal spirits, and craft beers. Continue to visit us online for fantastic finds and relevant news —our site will soon feature online ordering as well!
The Citarellawines.com website (the “Website”) is an Internet property of Citarella Wines & Spirits, LLC (collectively “Citarella,” the “us” “our,” or “we”) and is owned by us. Citarella Wines & Spirits own the stores, LLC as well.
Your use of the Website is subject to your agreement to the terms and conditions set forth herein (the “Agreement”). Please read this Agreement carefully before using the Website. If, at any time, you do not agree to the terms of this Agreement, please do not use the Website. This Agreement is a legally binding agreement between you and Citarella, its affiliates. The Agreement not only supplements other posted terms and conditions on all Citarella-related social media pages, but also applies to all social media pages owned by us, all mobile applications belonging to Citarella (together with the Website, collectively, the “Websites”).
Through the use of the Websites, Citarella markets wines, spirits and related products and/or services directly to consumers and offers customers the opportunity to take advantage of the various goods and services provided by Citarella.
In no event shall anyone under the age of twenty-one (21) years of age use the Websites. Citarella hereby notifies you that parental control protections (e.g., computer software, filtering services, etc.) are commercially available and may be used to assist parents and guardians with limiting access to the Websites to minors. We reserve the right to block access to the Websites at our sole discretion. By visiting the Websites and representing that you are twenty-one years of age or older, you are representing yourself to us as at least 21 years of age.
To utilize the Websites, you may need to provide us with certain personally identifiable and non-identifiable registration information. We reserve the right to collect information about you such as your name, telephone number, email address and date of birth (collectively, the “PII”). You hereby represent and warrant that the PII you provide in connection with subscribing to our newsletter in connection with your use of the Websites. You acknowledge and agree that you may never use another customer’s PII without their prior approval. You also agree to review and update your PII as and when necessary to maintain the most current PII.
SALE OF ALCOHOLIC BEVERAGES
We are a retailer holding a valid license issued by the States of Connecticut and New York and are duly licensed to sell wine and spirits and/or any other product offered on the Websites. Any alcohol you purchase at the Stores from us must be for personal consumption only and not for resale.
All purchases for wine, spirits and other products and/or services made at the Stores are subject to this Agreement and are subject to availability. We have the right to refuse to sell you any product should you fail to comply with your state laws or for any other reason. We further reserve the right not to process your payment for such orders. We shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, we reserve the right to cancel such orders and refund you for any inappropriate charge. We reserve the right to change product pricing and discounts offered at any time.
We fulfill all orders directly from our Stores. Product availability and limitations on orders vary by state. Proof that you are twenty-one (21) years of age is required upon sale. An adult must be present at the point of purchase for all purchases. Gift wrapping of individual bottles is complimentary at your request.
Please remember that wines and spirits are perishable commodities. As a result, extreme temperatures (e.g., cold, heat, or humidity) may adversely affect the condition of your wine or spirits during transit. Citarella will not replace wine or spirits that are damaged by extreme weather conditions after the point of sale.
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we will strive to make it right. Just call us at the telephone numbers below or contact us via e-mail at GreenwichWines@citarellawines.com. Please remember that wines and spirits are perishable commodities. As a result, extreme temperatures (e.g., cold, heat, or humidity) may adversely affect the condition of your wine or spirits during transit. Citarella reserves the right to refuse to exchange, credit or refund wines or spirits due to temperature fluctuation/extreme weather conditions after the point of sale. To better serve you, we may request the receipt and return of the product or a photo of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher. Please do not discard any items until we have contacted you.
LICENSE GRANT/USE OF SITE
When you visit our Websites or shop at the Stores, you are giving us permission to make our products and services available to you in all the ways you would expect us to. We never aim to do anything with our products and/or services that surprise you. At the Websites, you will find information related to our Stores, its products and/or services. Citarella hereby grants to you a limited, nonexclusive, nontransferable and revocable license to use the Websites and associated content in accordance with this Agreement. Citarella may terminate this license at any time for any reason. For all reviews, comments, surveys, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or through the Websites, by email or telephone, or otherwise disclosed, submitted or offered in connection with your use of the Websites (collectively, the “Comments”) you grant us a royalty-free, irrevocable, transferable right and license to use the Comments however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are under no obligation to maintain any Comments in confidence, pay to user any compensation for any Comments or respond to any user Comments. You agree that any Comments submitted by you to the Websites will not violate the terms of this Agreement or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Websites will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of SPAM. We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Websites. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit to the Websites. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. You may make use of the Websites on one computer for your own personal use. No part of the Websites may be reproduced in any form or incorporated into any information retrieval system, either electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Websites, Website content or any portion thereof. Citarella reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites. You may not take any action that imposes an unreasonable or disproportionately large load on Citarella’s computer network infrastructure. You may not use the Websites to defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or conduct or forward illegal contests, pyramid schemes, or chain letters, publish, post distribute, disseminate or link to any inappropriate, profane, defamatory, infringing, obscene, adult content, nude, or indecent or unlawful topic, name, material or information. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Websites.
In sum, you hereby agree that you are not only solely responsible for your conduct in connection with your use of the Websites but that you will not engage in any of the following prohibited activities: (i) interfering with or inhibiting the use of the Websites by other users; (ii) using the Websites for commercial purposes for yourself and/or third parties (e.g., selling, or attempting to sell products to others, etc.); (iii) subscribing to our newsletter by using an alter-ego or by impersonating a third party; (iv) subscribing to our newsletter if you are under twenty-one (21) years of age; (v) copying, reverse engineering, or attempting to derive the source code of any part of the Websites; (vi) posting any comment or product review on the Websites that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; or (vii) using the Websites in a manner that would violate any of the terms and conditions contained herein or any applicable laws. Violation of the foregoing restrictions will result in immediate termination of your ability to use the Websites and receive our newsletter, and may potentially subject you to further liability. We may investigate any reported violation of this Agreement and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, terminating your subscription, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
The content, organization, graphics, images, photos, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Websites, together with the “Citarella” name, brand and logos are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Websites is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Websites. The posting of information or material at the Websites by Citarella does not constitute a waiver of any right in such information and/or materials. Any and all third party brands, logos, trademarks, service marks, product names, company names located on the Websites or those third party brands, logos, trademarks, service marks, product names, company names you see while shopping at one of our stores are the sole intellectual property of the applicable third party owner and not Citarella (collectively, “Third Party IP”). Simply shopping on our Websites or in our Stores does not give you a license to infringe upon any Third Party IP, nor can you reasonably claim any ownership in and to such Third Party IP by using the Websites or shopping in our Stores.
COPYRIGHT INFRINGEMENT POLICY
Images of people, places and/or merchandise posted on this Website are either the property of Citarella, or are used by us with express permission. Unless otherwise noted, all content included on this Website, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Citarella or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Website is the exclusive property of Citarella and is protected by United States and international copyright laws. Any unauthorized use of any content on this Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. No materials or content provided on or through this Website may be reproduced, distributed, publicly performed, publicly displayed, communicated to the public, or used for the creation of a derivative work without the express written permission of the copyright owner of such materials or content. To inquire about obtaining authorization to use the materials or content on this Website, please contact us at GreenwichWines@citarellawines.com. Citarella respects the intellectual property rights of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Citarella’s intellectual property policy is to (i) remove material that appears in its sole discretion to infringe upon the intellectual property rights of others, and (ii) remove any content posted by and terminate the access rights of any “repeat infringer” (i.e., any user that has uploaded content to the Website and for whom Citarella has received more than two takedown notices compliant with 17 U.S.C. § 512(c) with respect to such content). Citarella has discretion, however, to terminate the account of nay user after receipt of a single notification of claimed infringement or upon Citarella’s own determination. If you believe a work protected by a U.S. copyright that you own has been posted on this Website without authorization, you may notify our designated agent for notices of claimed infringement at GreenwichWines@citarellawines.com. Your notification must include substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed, (2) identification of the works or materials being infringed or, if multiple works are covered by a single notification, a representative list of the works, (3) identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (4) information reasonably sufficient to permit us to contact you, (5) a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to the Internet websites of other third parties (“Third Party Websites”). Citarella is not responsible for the accessibility of these Third Party Websites, their resources, content, products and/or services. Furthermore, Citarella is not responsible for (nor does it endorse) any of the content, advertising, products and/or services, or other materials available on or through any Third Party Websites. Under no circumstances shall Citarella be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, by use of, or reliance on, any content, goods and/or services available on or through such Third Party Websites. YOU HEREBY RELEASE CITARELLA, OUR OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND MEMBERS FROM ANY AND ALL SUCH THIRD PARTY CLAIMS.
DISCLAIMER OF WARRANTIES
THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES ADVERTISED VIA THE WEBSITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CITARELLA MAKES NO WARRANTY THAT: (I) THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES ADVERTISED VIA THE WEBSITES WILL MEET YOUR REQUIREMENTS: (II) THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES ADVERTISED VIA THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES ADVERTISED VIA THE WEBSITES WILL BE ACCURATE OR RELIABLE. THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES ADVERTISED VIA THE WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CITARELLA THROUGH OR FROM THE WEBSITES AND/OR ANY PRODUCTS AND/OR SERVICES ADVERTISED VIA THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CITARELLA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CITARELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (I) THE USE OR THE INABILITY TO USE THE WEBSITES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR PRODUCTS/SERVICES ADVERTISED ON THE WEBSITES; (III) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE DATA SUBMITTED TO CITARELLA BY YOU; (IV) ANY MATTER RELATING TO THE EXTENSION OF CREDIT; AND (V) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES, IF ANY, MARKETED ON THE WEBSITES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE CITARELLA FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF CITARELLA TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR GOODS OR SERVICES AT ANY CITARELLA STORE LOCATION. YOU HEREBY RELEASE CITARELLA FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS PARAGRAPH. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CITARELLA.
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS. FURTHER, CONSUMPTION OF ALCOHOLIC BEVERAGES IMPAIRS YOUR ABILITY TO DRIVE A CAR OR OPERATE MACHINERY, AND MAY CAUSE HEALTH PROBLEMS.
AMERICANS WITH DISABILITIES ACT (ADA).
Citarella is committed to providing accessibility to and usability of our Websites for all people with disabilities. It is our goal to provide a positive customer experience to all customers and we strive to promote accessibility and inclusion. We are continuing to take a variety of steps to further enhance the accessibility of our Websites, including ensuring compliance with the applicable elements of the World Wide Web Consortium’s – Web Content Accessibility Guidelines as they are amended over time. Please be aware that our efforts are ongoing. If you have difficulty using or accessing any element of this Website, please feel free to contact us by phone at the number below or by e-mail at GreenwichWines@citarellawines.com, and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you.
You agree to release, indemnify and hold Citarella, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Websites; (ii) your breach of the terms of this Agreement; and/or (iii) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Citarella, its subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You shall be responsible for obtaining and maintaining all telephone and computer hardware, and any and all other equipment needed for access to, and use of, the Websites and all charges related to it. Any attempt to damage, destroy, tamper with or vandalize the Websites, or otherwise interfere with the operation of the Websites is a violation of criminal and civil law and Citarella will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
As we expand and improve the Websites, we may modify this Agreement. When we do, we will make every effort to communicate that here. By using the Websites or shopping in our Stores, you acknowledge your receipt of, and consent to, this Agreement and any subsequent modifications made hereafter. However, there may be rare instances where we may have to modify this Agreement at any time without prior notice to you. Therefore, such modifications shall be deemed effective upon the posting of the modified Agreement at the Websites. You agree to periodically review the Agreement made available on the Websites to remain apprised of any and all subsequent modifications. Your continued use of the Websites shall be deemed your conclusive acceptance of the Agreement then in effect.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Websites. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Websites, if, in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Websites, as well as all copies of such materials, whether made under this Agreement or otherwise.
This Agreement shall be treated as though it were executed and performed in the State of Connecticut and shall be governed by and construed by the laws of the State of Connecticut (without regard to conflict of law principles). Any dispute relating in any way to your visit to or participation on the Websites shall be submitted to confidential arbitration in Greenwich, Connecticut, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue of 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 involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Websites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any cause of action or claim that you may have concerning the Websites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be time barred. Citarella may assign its rights and duties under this Agreement to any party at any time without notice to you.
ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS
By submitting your information and agreeing to the terms of this Agreement, you understand and affirm that you are agreeing to be bound by this Agreement and all other agreements and terms and conditions found on the Websites by using your electronic signature and that your electronic signature is as legally binding as a physical signature on paper. Furthermore, you agree that you will use an electronic signature to accept electronic records regarding the products and services located in our stores and/or offered by our Websites, including, but not limited to, this Agreement. You further agree and consent: (i) to receive agreements, surveys, and other information that may be provided or otherwise available to you electronically. Included in those agreements, surveys, and other information may be disclosures required by federal, state, and local laws and regulations, where allowed by such laws; (ii) to be bound by the terms and conditions of the agreements, applications, and other information provided to you by us electronically; (iii) to use and receive electronic records and electronic signatures in conducting business with us, including agreeing to the terms of this Agreement; (iv) that to electronically receive agreements, applications, and other information, you will need a compatible operating system, web browser, and email application, and you will need access to a printer or the ability to download information to keep copies of such documents for my records. The operating systems, web browsers, and email applications identified herein are compatible. You furthermore understand that you are indicating that you have the capability to access the agreements, surveys and other information and download or prints copies for your records; (v) for customer service or technical assistance regarding electronic records or electronic signatures, you may contact us by e-mail at GreenwichWines@citarellawines.com; (vi) you may obtain a paper copy of the agreements, surveys, and other information at anytime by contacting us by email at GreenwichWines@citarellawines.com. We will not charge a fee for any paper copy.