Customer Service: Terms & Conditions
Website Terms of Usage
LEGAL TERMS OF WEBSITE USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The Materials on Gary’s Wine and Marketplace (“Gary’s”) websites (the "Sites") are provided by Gary’s as a service to its customers and may be used for informational purposes only. All uses of the Materials or the Sites are subject to the terms and conditions of this legal notice (the “Terms”). By viewing the Sites or downloading any Materials from the Sites, you agree to these Terms. If you do not agree to the Terms, do not view the Sites or download any Materials from them.
1. LICENSE. You may browse the Sites for personal entertainment and information. You may not distribute, modify, transmit or revise the contents of the Sites without the written permission of Gary’s.
2. PROTECTED INFORMATION. The Materials at the Sites are copyrighted and protected by trademark and other intellectual property laws. Any unauthorized use may violate copyright, trademark, and other laws. No title nor intellectual property rights are transferred to you or any third party through the use of or access to the Sites. All rights, title, and interest in and to all aspects of the Sites remain the sole property of Gary’s or its authorized third-party suppliers and service providers. You may download one copy of the text, graphics, sounds, files, software or other information found on the Sites (the "Materials") on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Gary’s in writing or as allowed by any license terms that accompany or are provided with the individual Materials. Under the Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person.
Except as permitted in the foregoing, all reproduction, alteration, redistribution, re-publication, downloading, display, notification or transmission of any Materials on the Sites is expressly forbidden in total or in part, in any format, by any means, without the express prior permission of Gary’s Wine and Marketplace.
Gary’s will enforce its rights to the full extent of the law against any unauthorized commercial use of any documents residing on this World Wide Web server (including but not limited to text, graphics, trademarks, service marks, logos, software, files, videos, and music).
3. NO WARRANTIES.
a. THE MATERIALS AND THE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Gary’s and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Gary’s may make changes to the Materials and the Sites at any time without notice. Gary’s makes no commitment to update the Materials or the Sites. Neither Gary’s nor its third-party suppliers or service providers warrant that the Sites or associated server computers are free of viruses or other harmful components. You solely (and not Gary’s) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Sites.
b. Gary's attempts to be as accurate as possible with our product descriptions. However, Gary's does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If you purchase a product from Gary’s and find that it is not as described on the Sites, your sole remedy is to return such product in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON OUR SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
4. DISCLAIMER. IN NO EVENT SHALL GARY’S BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF GARY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. USER SUBMISSIONS.
a. Except as otherwise expressly specified in our Privacy Statement, on our web site pages or in these Terms, any information, communications or materials that you post or transmit to the Sites ("Communications") are, and will be treated as, non-confidential and non-proprietary, and shall forever be the exclusive property of Gary’s. By transmitting or posting any Communications on the Sites, you grant to Gary’s or its designees a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. Gary’s and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
b. You may not post or transmit any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law or regulation.
6. USER REPRESENTATIONS; INDEMNIFICATION.
a. You represent and warrant that: (a) you are at least 21 years of age; (b) the information you provide to Gary’s on any forms on the Sites is true and accurate; (c) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; (d) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Sites; (e) you will not use the Sites in connection with making Communications or otherwise, to infringe, misappropriate or violate the rights of Gary’s or third parties; (f) you will only make Communications of information to which you have sufficient rights to grant the license set forth in Section 5., above; (g) you will not knowingly include in Communications or otherwise introduce to the Sites, any viruses or other items of a destructive nature; and (h) you will comply at all times with these Terms for the Sites as they may be amended from time to time by Gary’s.
b. By accessing and/or using the Sites under these Terms, you further agree to and authorize all Gary’s policies under its Privacy Statement, including but not limited to policies regarding disclosure of personally identifiable information.
c. If you are granted access to any protected areas of the Sites by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You agree to notify Gary’s immediately of any unauthorized use of your password(s). To purchase any products or use the services on the Sites, you agree and understand that you must open an account with us and/or provide the information required by us.
d. If you wish to cancel your account, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of our Sites at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination.
e. You agree that with respect to any special promotions, coupon offers, sweepstakes, or other like activities offered on the Sites, that you will abide by the rules established by Gary’s for such activities as described on the Sites.
f. You will indemnify and hold harmless Gary’s against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such Communications.
7. USE OF MARKS. Gary’s only purports to use names, logos or marks appearing in the Sites in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. Gary’s does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use or misuse of these trademarks or any other Materials is strictly prohibited.
8. TERMINATION OF THIS LICENSE. Gary’s may terminate this license at any time if you are in breach of these Terms. Upon termination, you will immediately destroy any copies of the Materials in your possession.
9. USE OF PERSONALLY IDENTIFIABLE INFORMATION. All use of personally identifiable information submitted by you to Gary’s via any forms on the Sites is governed by the terms of Gary’s Privacy Statement.
10. LINKS TO / FROM OTHER SITES.
a. Third party sites may be linked to or from the Sites. Such linked sites are not under the control of Gary’s, and Gary’s is not responsible for the content of any linked site or any link contained in a linked site. Gary’s reserves the right to terminate any link or linking program at any time. Gary’s does not endorse companies or products to which it links, unless we expressly state otherwise. If you decide to access any of the third party sites linked to the Sites, you do this entirely at your own risk.
b. You may provide links to the Sites from other sites provided that (a) you link only to the Sites’ home pages, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Sites, (c) you give Gary’s notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Sites if requested by Gary’s.
a. Gary’s maintains offices within the United States of America from which it may administer the Sites. Gary’s makes no representation that Materials in the Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. You agree that any claim relating to the Materials shall be governed by the substantive laws of the State of New Jersey, and you agree to personal jurisdiction and convenient forum therein.
b. Gary’s may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by additional express legal notices or terms posted on particular pages of the Sites. Continued use of the Sites following any change constitutes acceptance of the change.
c. You may terminate your access to the Sites at any time. Gary’s may suspend or discontinue providing the Materials to you with or without cause and without notice. Gary’s may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
d. You agree that when you visit our Sites, purchase products or services through the Sites, or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
e. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Sites by Gary’s. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Sites; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Sites. Except as expressly directed otherwise by Gary’s herein or elsewhere in the Sites, notices to Gary’s should be sent to: Gary’s, Wine and Marketplace, 1308 ROUTE 23, WAYNE, NJ, USA.
f. The failure of Gary’s to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
g. You may not assign your rights or delegate your duties under these Terms.
h. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
i. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Sites will in any event remain valid and enforceable.
Copyright © 2008 Gary’s Wine and Marketplace. All rights reserved.
TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM THIS SITE
This document sets forth the terms and conditions (the “Terms”) governing all agreements between a site user (“you” or “Buyer”) and Gary’s Wine and Marketplace (“Gary’s” or “Seller”) for the purchase and sale of any of the products advertised for sale (the "Products") on any of Gary’s web sites (the “Site”). Your placement of an order is construed as an offer to purchase Products, and indicates your assent to these Terms. Gary’s acceptance of your offer to purchase Products is expressly made conditional upon your assent to these Terms. Any terms proposed by you that add to, vary from, or conflict with these Terms are hereby objected to and shall be void. Gary’s reserves the right to make changes to this Site and these Terms at any time. Your individual purchases will be governed by the Terms that were posted on this page as of date you placed your order. If you do not agree to these Terms, do not make any purchases of Products on this Site.
1. Price and Delivery. Gary’s online shopping Products and prices are offered only to United States residents. Further, Products comprised of alcoholic beverages are offered only to persons that are 21 YEARS OF AGE OR OLDER, and Gary’s will only ship such Products to those states that permit such shipping under applicable state law at the time of sale. You understand that the list of states that permit the shipping of alcoholic beverages may change from time to time as required by state law. Price and delivery terms are FOB Gary’s shipping origin. Upon Gary’s delivery of the Products to the carrier at the FOB point, title and risk of loss and damage to the Products shall pass to the Buyer. All prices are subject to change without notice. Gary’s reserves the right to make adjustments to the price of all Products due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. Prices for particular purchases will be those in effect at the time of shipment. Gary’s may make delivery in installments and receive payments for each installment. All delivery dates are estimated. GARY’S SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES FOR GARY’S FAILURE TO FILL, OR DELAY OR ERROR IN FILLING ANY ORDER, OR FOR ANY DELAY IN DELIVERY. Out of stock items will be deleted from the order after confirmation from you. These items may be placed on back order if requested and if reasonably anticipated by Gary’s to become later available.
2. Shipping Information. Gary’s ships Products within the continental United States, Alaska, Hawaii, and Puerto Rico, subject to any restrictions on the shipment of alcoholic beverages. Gary’s cannot ship to a Post Office box address, territories, addresses outside the United States or APO/FPO addresses. Upon acceptance by Gary’s, orders for in-stock items will be shipped within a reasonable time following the processing of the order. Gary’s will only ship alcoholic beverages via carriers that are approved and licensed by the Alcoholic Beverage Commission(s) having jurisdiction over the transaction. At present, Gary’s ships exclusively via FedEx, however, Gary’s reserves the right to select the carrier of its choice. Please allow two (2) to eleven (11) business days for shipments to the continental United States. For Alaska and Hawaii, add two (2) to three (3) additional business days. Please note, a signature is required on all deliveries of alcoholic beverages. Seller reserves the right to ship Product(s) in multiple boxes and/or shipments.
3. Payment, Taxes, and Duties. Gary’s accepts major credit cards for purchases made on the Site: American Express, Discover/Novus, MasterCard, and Visa. You may also use debit cards sponsored by American Express, Discover/Novus, MasterCard, and Visa. Cards not issued by a United States banking institution will not be accepted. For your protection, we always verify that your information is correct. Therefore, we cannot accept credit cards from banks that do not allow address verification over the Internet. Please refer to your card holder agreement for all rules and regulations pertaining to your card. Payment will generally be debited from your account immediately following notice of the dispatch of your purchase, however, there may be circumstances where payment or partial payment may be debited from your account in advance of actual shipping. This advance debit may occur for a number of reasons such as when you place an order for a wine that is not yet available, requiring you to commit funds to reserve your order; when a wine cannot be immediately shipped due to hot weather or other quality concerns; or when all wines ordered for single shipment are not yet in stock. You understand and agree that the price quoted in the Gary’s shopping cart at the time of purchase is not final and may be further reasonably adjusted based upon changes in vintage/price, shipping method, add-ons by phone, or other changed circumstances. You confirm and warrant that the credit/debit card that is being used is yours. Gary’s will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence by Gary’s, Gary’s will not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
The price that is shown on the shopping cart is the amount you will be charged, plus applicable sales tax and shipping charges. State laws require companies to collect sales tax from residents shipping merchandise to states where the company transacts business. Gary’s collects state and local sales tax where applicable. If you are tax exempt, please call 1-888-99-GARYS to place your order.
4. Warranty and Remedy. Each Product is subject to the terms of the limited warranty, if any, that is expressly stated on, packaged with, or accompanies the Product. NO WARRANTIES ARE PROVIDED HEREIN IN ADDITION TO ANY WARRANTIES THAT MAY APPLY TO A PARTICULAR PRODUCT, AND UNLESS OTHERWISE SPECIFIED IN A WARRANTY FOR A PARTICULAR PRODUCT, ALL PRODUCTS ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5. DISCLAIMER. IN NO EVENT SHALL GARY’S BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF ANY DEFECT OR FAILURE OF THE PRODUCTS, BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF GARY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Notwithstanding any other provision hereof, in no event shall Gary’s’ total liability relating to or in connection with any Products whether based on contract, warranty, tort (including negligence), strict Product liability or otherwise, exceed the actual amount paid to Gary’s by Buyer for the Product(s) giving rise to the liability. In no event shall Gary’s be liable for the costs of procurement of substitute goods or services.
6. Remedy. In the event that a Product purchased under these Terms fails to perform as warranted, Buyer’s exclusive remedy, and Gary’s sole liability therefore, shall be at Gary’s option, the replacement of any defective Product or return of the purchase price. A Product replaced under warranty will be further warranted only for the remainder of the warranty period, if any. Buyer agrees that the disclaimers and liability limitations contained in these Terms shall remain in effect even if an exclusive remedy is determined to fail of its essential purpose.
7. Return Policy. If, upon receipt of a Product, you are not completely satisfied with your purchase, you may return the Product in unused condition within thirty (30) days to Gary’s and obtain a full refund of the original purchase price of the merchandise, excluding shipping and handling charges. This guarantee does not apply to food, beverages or other perishable goods that have been opened or not stored properly unless determined by Gary’s to be defective. Before returning a Product, you must first obtain a return merchandise authorization (“RMA”) number from Gary’s. Buyer may then return the Product, freight prepaid, in its original shipping container, with the RMA clearly marked on the outside of the packaging. Buyer shall bear the risk of loss or damage to the Product during such shipment. Returns and replacements are also subject to these terms: 1) Shipping and handling charges are not refundable; 2) Buyer is responsible for all freight charges involved in returning and replacing items; 3) Certain items, including, but not limited to, special order items, and items specifically noted with 'NO RETURNS', cannot be returned; 4) Non-defective returns and refused shipments are subject to a 10% restocking charge.
a. Notices. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Site by Gary’s. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed on the Site; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Site. Except as expressly directed otherwise by Gary’s herein or elsewhere on the Site, notices to Gary’s should be sent to: Gary’s, Gary’s Wine and Marketplace, 1308 ROUTE 23, WAYNE, NJ, USA.
b. Force Majeure. Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of Seller. Quantities are subject to availability. In the event of production difficulties or Product shortages, Seller may allocate sales and deliveries at its sole discretion.
c. Governing Law, Jurisdiction and Costs. This agreement is governed by the laws of the State of New Jersey, without regard to its conflict or choice of law provisions. Buyer acknowledges and agrees that New Jersey is an appropriate place for venue of any litigation and that New Jersey courts have jurisdiction over this agreement and Buyer. In the event the Buyer and Seller are unable to resolve any dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' and experts’ fees incurred.
d. Assignment. Buyer may not assign its rights or obligations hereunder without the express prior written consent of Seller.
e. Entire Agreement. These Terms constitute the entire agreement with regard to purchases on the Site and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said purchases, including any terms and conditions on any of Buyer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.
f. The failure of Gary’s to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
g. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Site will in any event remain valid and enforceable.
Copyright © 2008 Gary’s Wine and Marketplace. All rights reserved.