PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY REGARDING THE PRODUCTS PURCHASED BY YOU AND YOUR RIGHTS.
Caribbean Custom Cellars, Inc. (hereinafter “CCC” or “THE COMPANY”) LIMITED WARRANTY AND SALES TERMS AND CONDITIONS FOR WINE CELLAR PRODUCTS (All Models)
THIS AGREEMENT CONTAINS THE LIMITED WARRANTY AND SALES TERMS AND CONDITIONS THAT APPLY TO THE PRODUCTS PURCHASED BY YOU FROM THE COMPANY OR ONE OF ITS AUTHORIZED DISTRIBUTORS, AGENTS AND/OR RESELLERS (collectively referred to as “RESELLER” and/or “THE COMPANY”)). IF YOU DID NOT PURCHASE THE PRODUCTS FROM THE COMPANY OR ITS AUTHORIZED RESELLERS, YOUR RIGHTS ARE LIMITED TO THOSE MADE AVAILABLE TO YOU DIRECTLY FROM THE MANUFACTURER OF THE PRODUCT YOU PURCHASED.
THE TERM “PRODUCT” MEANS THE PRODUCT(S) DESCRIBED IN YOUR PURCHASE RECEIPT AND INVOICE PURCHASED FROM THE COMPANY OR ITS AUTHORIZED RESELLERS. YOU AGREE THAT THIS AGREEMENT APPLIES TO YOUR PURCHASE OF THE PRODUCT(S) AND ANY ACCESSORIES. WHEN PURCHASING THE PRODUCTS FROM THE COMPANY OR AUTHORIZED RESELLERS, YOU AGREE TO THE TERMS AND CONDITIONS OF THE MANUFACTURERS LIMITED WARRANTY APPLICABLE AND TO THE DISPUTE RESOLUTION CLAUSE HEREIN INCLUDED.
1. General Terms of Sale
(a) Your price for the Product(s) and accessories will be stated on your purchase invoice and receipt. Due to manufacturers’ terms and conditions, prices and configurations provided to you are subject to change without notice or obligation prior to acceptance of your order. When purchasing products from THE COMPANY you agree that Shipping and handling charges, and applicable sales taxes, will be added to the price you pay and that you agree to pay the same. Depending on your jurisdiction, any existing or new taxes or fees charged by any governmental authority will be added to your invoice. When placing your order for products you acknowledge this additional cost and charge agree to pay the same.
(b) THE COMPANY will acknowledge the receipt of your order and will arrange to ship the Products and any accessories to your requested address. THE COMPANY reserves the right to ship or not the products. If your order is accepted, you agree that the title to the Products and accessories passes to you upon delivery to the carrier. Risk of loss passes to you upon delivery of the products and accessories. The costs of shipping and handling will be shown on your packing slip, purchase receipt or invoice. Due to the availability or not of the products and accessories from the different manufacturers, THE COMPANY will inform you of the estimated shipment date. THE COMPANY under no circumstances, will not be responsible for delays in delivery due to events beyond its control, including Manufacturer delays, shortage of materials, labor strikes, transportation failures, or acts of God.
(c) You must examine the Products and any accessories when you receive them. If any item is damaged or missing, you must notify the Company within ten days from the date of delivery. We also suggest that upon delivery you take pictures of the packaging prior to opening the same.
2. Return Policy Non-Customized Products
(a) You may return a Product within 30 days after receipt of the same for a full refund of the purchase price. The money-back period begins on the date of delivery of the purchase by you from THE COMPANY, during which time you can return your order for any reason. Purchased products by you from the COMPANY that is returned more than 30 days after delivery will be assessed a restocking fee of 20%. You are required to notify us in writing of your intent to return products prior to the return of the same. After 30 days, returned items are subject to the restocking fees, as per the manufacturer’s limited warranties in effect for the products and accessories purchased. For returns received more than 30 days past the date of delivery THE COMPANY reserves the right to refund as per the manufacturer’s limited warranty. You have an obligation to notify the COMPANY in writing prior to any attempt of returning products and accessories.
SHIPPING & HANDLING, DELIVERY AND OTHER FEES ARE NOT REFUNDABLE. RETURN SHIPPING FEES ARE ALSO NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL THE COMPANY RECEIVES THEM. IF YOU DO NOT NOTIFY THE COMPANY IN WRITING BEFORE YOU SHIP THE RETURNED PRODUCT OR ACCESSORY, THE COMPANY RESERVES THE RIGHT TO ACCEPT OR NOT ACCEPT THE DELIVERY OF THE RETURNED PRODUCT OR ACCESSORY.
(b) Returned Products must be in the same condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY. Prior to shipping, you must take pictures of the product and accessory you wish to return and must supply the same to the COMPANY.
3. Return and Cancellation Policies – Custom Products
(a) Custom-built products, accessories, each and all components of the same, wine racks and wine cellars are not returnable. Upon receipt of a custom order contact the COMPANY within 24 hours to report any problems. Custom products are products and materials which have been sold to you to meet your order specifications. Once your custom product begins production you agree that your order cannot be canceled, returned or refunded, unless THE COMPANY at its sole discretion agrees to a partial refund.
(b) When placing orders for products, you agree that once production of your product, accessory, or custom product begins your order cannot be canceled and is neither returnable nor refundable.
4. Product Limited Warranty; Disclaimer of Warranties
(a) The Company warrants that the Products, and Accessories purchased by you will be free from defects in materials and workmanship as per the manufacturer’s limited warranty. You agree that nothing in this agreement extends the Manufacturer’s limited warranty. During the warranty period, the COMPANY will, at its option and/or discretion: (1) provide replacement parts necessary to repair the Products or repair the same or (2) replace the Products with a comparable product. Any replacement parts or Products will be new or serviceably used, comparable in function and performance to the original part or Product, and warranted for the remainder of the original manufacturer’s limited warranty. Nothing contained in this agreement extends the manufacturer’s limited warranty.
(b) LIMITED MANUFACTURER WARRANTY ONLY: The COMPANY shall have no obligation to you with respect to providing any warranty on any Products for which the Company has not received full payment from you or that is not offered by the manufacturer of the product.
AS A GENERAL RULE, NO COMPANY WARRANTY OR LIMITED WARRANTY IS APPLICABLE TO YOUR PURCHASE OF A PRODUCT OR ACCESSORY, UNLESS THAT WARRANTY IS GIVEN TO YOU IN WRITING BY THE COMPANY. NO VERBAL AGREEMENT EXTENDS EACH MANUFACTURER LIMITED WARRANTY. AS PER EACH MANUFACTURER, YOUR PURCHASE MAY INCLUDE A SPECIFIC WRITTEN, WARRANTY FROM THE MANUFACTURER ONLY APPLICABLE TO THE PURCHASE OF PRODUCTS, COMPONENTS AND ACCESSORIES. WHEN YOU PURCHASE THE PRODUCTS AND ACCESSORIES, YOU AGREE TO THE EXPRESS TERMS AND CONDITIONS OF THE MANUFACTURER LIMITED WARRANTY. THE MANUFACTURER LIMITED WARRANTY DOES NOT EXTEND BEYOND THE ORIGINAL BUYER AND MAY NOT BE TRANSFERRED, ASSIGNED OR PASSED THROUGH BY YOU, UNLESS IT IS SO OFFERED TO YOU BY THE MANUFACTURER. THE MANUFACTURER LIMITED WARRANTY, IS NOT APPLICABLE TO DAMAGE TO PRODUCTS, COMPONENTS AND ACCESSORIES CAUSED EITHER BY YOU, YOUR AGENTS, THIRD PARTIES, NOR TO INTENTIONAL ACTS AND ACTS OF NEGLIGENCE OF YOU, YOUR AGENTS OR THIRD PARTIES, THE MANUFACTURER LIMITED WARRANTY DOES NOT COVER ACTS OF GOD. IF YOU FAIL TO FOLLOW THE MANUFACTURER’S ASSEMBLY AND INSTALLATION INSTRUCTIONS FOR THE PRODUCT(S) AND ACCESSORIES, THE LIMITED WARRANTY PROVIDED FOR BY EACH MANUFACTURER OF THE PRODUCT AND ACCESSORIES, MAY BE VOIDED, AT THE DISCRETION OF THE MANUFACTURER AND/OR THE COMPANY. IF YOU USE THE PRODUCT(S) AND ACCESSORIES FOR ANY PURPOSE, OTHER THAN THEIR INTENDED PURPOSE, THE WARRANTY PROVIDED FOR HEREIN MAY BE VOIDED.
(c) THE MANUFACTURER LIMITED WARRANTY FOR THE PRODUCT AND ACCESSORY PURCHASED IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS, ITS COMPONENTS AND ACCESSORIES. WHEN PURCHASING A PRODUCT AND ACCESSORY, YOU ACCEPT THAT THE COMPANY DOES NOT PROVIDE A WARRANTY OF ANY KIND. YOU ACCEPT THAT THE ONLY WARRANTY AVAILABLE TO YOU, IS THE LIMITED WARRANTY OFFERED BY THE MANUFACTURER ONLY, AS LONG AS YOU COMPLY WITH THE TERMS AND CONDITIONS OF THE SAME. WHEN PURCHASING THE PRODUCT AND ACCESSORY YOU ACCEPT THAT NO IMPLIED WARRANTY HAS BEEN MADE TO YOU AND THAT YOU HAVE NO RIGHT TO ANY IMPLIED WARRANTY. ANY IMPLIED WARRANTY MADE AVAILABLE TO YOU BY LAW, IS LIMITED IN SCOPE AND DURATION TO THE LIMITED WARRANTY AND PERIOD DESCRIBED AS PER THE MANUFACTURER LIMITED WARRANTY. YOU SPECIFICALLY AGREE THAT NO ORAL OR WRITTEN INFORMATION GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT AND ACCESSORY.
(d) You have agreed to purchase a product and accessory with a limited warranty as provided by the manufacturer. You agree and acknowledge that THE COMPANY is not responsible for the quality of the Products or that the Products will be fit for any particular purpose, except as otherwise provided in this Agreement. You agree and accept that Company does not offer warranties and conditions, express or implied, other than the ones expressly contained in this agreement. YOU AGREE TO COMPLY WITH ALL TERMS AND CONDITIONS WITHOUT ANY LIMITATIONS. YOUR EXCLUSIVE REMEDY AGAINST THE COMPANY The COMPANY is your right to return defective Products, their components and accessories, as described above, as long as you comply with the same and that the damage is covered by the manufacturer’s limited liability.
(e) THE COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, RESELLERS, DISTRIBUTORS OR SUBCONTRACTORS) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, LOST GOODS, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF THE COMPANY OR ANY OF THE COMPANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOU DO NOT HAVE A RGHT TO FILE A CLASS ACTION AND THAT YOU DO NOT HAVE THE RIGHT TO REQUEST A TRIAL BY JURY, REGARDLESS OF YOUR CLAIM.
(f) IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFILIATE BE LIABLE DIRECTLY OR INDIRECTLY TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FULLY BY YOU.
(g) THE COMPANY DOES NOT WARRANTY ANY PRODUCT, ACCESSORIES OR ANY COMPONENTS OF THE SAME. Please refer to the individual limited manufacturer warranty provided by the manufacturer of each product, component and accessory. Defective components and/or accessories that are delivered with your Products will be replaced only as per the manufacturer’s limited warranty that is applicable.
(h) YOU AGREE THAT YOU ARE PURCHASING PRODUCTS, ACCESSORIES AND COMPONENTS THAT HAVE A SPECIFIC, LIMITED WARRANTY MADE AVAILABLE TO YOU BE EACH MANUFACTURER, AS LONG AS YOU, YOUR AGENTS OR THIRD PARTIES CAUSE THE LIMITED WARRANTY TO BE VOIDED. MANUFACTURER LIMITED WARRANTY GIVES YOU SPECIFIC WRITTEN LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE, AS PER THE JURISDICTION WHERE THE PRODUCTS ARE DELIVERED. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN EXPRESS OR AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. WHEN YOU PURCHASE PRODUCTS AND SERVICES FROM THE COMPANY YOU AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN. IF ANY CLAUSE CONTAINED IN THIS AGREEMENT IS DECLARED NULL OR VOID BY A COURT OR ENTiTY WITH JURISDICTION, THE REST OF THE AGREEMENT WILL SURVIVE AND WILL BE ENFORCEABLE.
(i) WEBSITE COLOR DISCLAIMER. THE MANUFACTURER HAS PROVIDED MOST OF THE IMAGES USED ON OUR WEBSITE FOR EACH PRODUCT AND ACCESSORY. Images, textures and finish colors on our website are approximate. The color and tone of natural wood products may vary from production run to production run. You recognize and accept that the colors you see on your screen regarding products promoted by the COMPANY, may not be a totally accurate representation or reproduction of the actual product. You recognize and accept that Photographs and other illustrations contained on the COMPANY website are intended as a guide only and should not be regarded as absolutely correct. If you would like to see a sample of any product or accessory prior to ordering the same, please contact the COMPANY.
5. Technical Support
The COMPANY may provide limited technical support for products at no additional charge. At the sole discretion of the COMPANY, the COMPANY may change the means through which it provides technical support at any time. At the sole discretion of the COMPANY, the company may charge you for technical support that requires on-site assistance or another type of assistance. You will be informed if an additional charge will be required prior to incurring such a charge. THE COMPANY DOES NOT GUARANTEE ISSUE OR ERROR RESOLUTION FOR ALL PROBLEMS YOU EXPERIENCE WITH A PRODUCT, since only the Manufacturer limited warranty is available to you as per the terms and conditions of each manufacturer limited warranty for the product, component and accessory.
6. Dispute Resolution – EXCLUSIVE REMEDY BETWEEN THE PARTIES
(a) You and the COMPANY agree that any dispute between you and the Company will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) and conducted under its rules, except for claims dealing with intellectual property. All disputes, other than intellectual property disputes, will be submitted to arbitration exclusively. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between you and the COMPANY. The arbitration shall be held in Ponce, Puerto Rico, as per the rules made applicable to each side by the American Arbitration Association. The decision made by an arbitrator shall be final and binding on all parties. The arbitrator, at its sole discretion, may award the prevailing party reasonable costs and expenses, including attorneys’ fees and disbursements.
(b) YOU UNDERSTAND AND AGREE THAT ARBITRATION OF YOUR DISPUTE, UNLESS YOUR CLAIM IS AN INTELECTUAL PROPERTY CLAIM, IS YOUR EXCLUSIVE REMEDY AGAINST THE COMPANY. YOU UNDERSTAND AND ACCEPT THAT ARBITRATION IS YOUR ONLY REMEDY AND THAT YOU SPECIFICALLY DO NOT HAVE A RIGHT TO TRIAL BY JURY NOR TO ANY CLASS ACTION CLAIMS.
(c) This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act
(d) For the purposes of this section, the term “dispute” means any dispute, controversy, or claim arising out of or relating to: (1) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (2) the purchase or use of any Product, accessory, service or otherwise from the Company; the term “Company” means the Company, its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term “you” means you, the original purchaser, your agents, beneficiaries, or heirs.
7. Indemnification
You agree to indemnify, defend, release, and hold harmless us, resellers, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney’s fees, related to your violation of these terms, or your access or use of the website or any of the information or materials available, or Products purchased, through our website.
8. General
This Agreement is governed by the laws of the Commonwealth of Puerto Rico exclusively. You may not assign this Agreement without the COMPANIE’S prior written consent. The COMPANY and its affiliates are intended beneficiaries of this Agreement. In case of any inconsistency between this Agreement and any other agreement, included with or relating to your Product, this Agreement shall take precedence. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
THE COMPANY reserves the right to update or change these terms and conditions.
© August 2022 by Caribbean Custom Cellars, Inc.