WELCOME TO THE INTERNET SITE OF 58 DEGREES & HOLDING CO. ("58degrees.com"). PLEASE NOTE THAT YOUR USE OF THE 58DEGREES.COM SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS 58DEGREES.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE 58DEGREES.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE D BY 58DEGREES.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE 58DEGREES.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
The Sale of Alcoholic Beverages
58degrees.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. 58degrees.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from 58degrees.com is over the age of 21. You also agree that any alcohol purchased from 58degrees.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, 58degrees.com will prosecute you fully to the extent allowable by law. Further certification may be required at time of delivery. The billing address needs to be the address on your credit card statement. Your billing address is where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information on your order form.
Shipping
We always recommend shipping to a business address where someone will be present to receive it during business hours. All shipping carriers require an adult signature at the time of delivery. Signature releases are not accepted. If the shipment is returned to us for an improper or incomplete address we will have to re-charge you for re-shipment, so please make sure the address is complete including business name, department or mail stop, if any, and suite number if going to a business complex.
By submitting an order to.58degrees.com website you are stating that you are 21 years old or older and warrant that you are legally able to purchase and consume alcoholic beverages at your place of delivery. By submitting an order you hereby agree and understand that ALL ALCOHOLIC BEVERAGES ARE SOLD IN CALIFORNIA AND TITLE PASSES TO THE BUYER IN CALIFORNIA.
We make no representation to the legal rights and ability of anyone to ship or import wines into any state outside of California or any country outside the USA. YOU, the buyer, are solely responsible for shipment of alcoholic beverage products. By placing an order for delivery in the USA, you authorize us to act on your behalf to engage a common carrier to deliver your order to you.
ALCOHOLIC BEVERAGES MAY BE SOLD AND DELIVERED ONLY TO PERSONS WHO ARE AT LEAST 21 YEARS OLD AND BY PLACING YOUR ORDER, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT THE PERSON TO WHOM DELIVERY WILL BE MADE IS AT LEAST 21 YEARS OLD AND CAN ACCEPT DELIVERY OF ALCOHOLIC BEVERAGES.
When your alcoholic beverages are delivered, the person receiving delivery will be required to show identification proving that he or she is at least 21 years old. If any person under 21 years of age fraudulently orders and has wine shipped to them, the wine will not be released to them, and will be returned to us, and the cost of return shipping will be charged to the responsible party.
BY ORDERING YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SELLER FOR ANY RESULTING CONSEQUENCE OF A FRAUDULENT ORDER OR ANY MISREPRESENTATION AS TO THE AGE OR LEGAL ABILITY OF ANY INTENDED RECIPIENT TO RECEIVE SHIPMENT OF ALCOHOLIC BEVERAGES.
If you change your order after it is prepared for shipping, we reserve the right to charge for additional handling and packaging materials.
Parents or legal guardians will be held responsible for actions of their minor children. If necessary, legal action will be taken against any and all parties attempting "wire fraud." The cost of shipping to, and returning to us of any wine in any such operation will be charged to that agency. NO EXCEPTIONS.
Shipping Conditions
58degrees.com will ship your purchase according to the shipping method you . We ship via common carrier and offer ground, 3 day, 2 day and overnight service. Orders generally leave next business day unless an item is sold on a pre-arrival, future or backordered bases. To reduce risk or improper storage conditions we typically ship Monday thru Wednesday with the expectation that your shipment will arrive before the weekend.
58degrees.com reserves the right to hold shipment of your wine during extreme weather conditions. 58degrees.com cannot be responsible for damage to wine (including leakage or damaged corks) shipped to you against our express protestations in regards to weather conditions. Please be aware of the scheduled delivery information, as the date, and location of your delivery cannot be changed once it leaves our warehouse. It is your responsibility to be present when your shipment arrives. If the weather is very hot or cold in your area, and you would like us to postpone our shipping, please advise us. Use the weather in your area as a guide, when making your choice for best shipping method. We do not advise shipping during temperatures over 80°F (26°C) or under 32°F (0°C). If you need your order by a specific date, please let us know and we will work with you to try to get the wine to you in time for your needs.
58degrees.com cannot be responsible for wine damaged by a shipper or inappropriate storage/handling on the part of the shipper. We reserve the right to refuse sales if we deem it to be inappropriate and/or unsafe.
We cannot ship to PO, APO, or FPO box offices. Orders to Alaska or Hawaii must only be shipped 2nd Day Air. Incorrect, insufficient or change of address will incur a $10.00 surcharge. We reserve the right to charge return shipping for refused or undelivered packages. Please allow up to 2 business days for your order to be processed.
States We Ship To
Below is a list of the states that we can ship to at the present time: AZ, CA, CO, CT, DC, GA, HI, IA, ID, IL, LA, MO, NC, ND, NE, NM, NV, NY, OH, OR, SC, TX, VA, WI, WV, WY.
This list is subject to change without notice.
States We Do Not Ship To
If you live in a state other than one listed above, we offer our customers private wine lockers in our temperature controlled professional wine storage facility. This service allows you to purchase your wines at 58degrees.com, store these wines in our facility and pick up the wines when you visit us in Sacramento, CA. For additional information on our locker rates and availability please contact us at winefinder@58degrees.com,
International Orders
Shipping for international orders will be quoted by email.
Parental Control Protections
As required by the Communications Decency Act of 1996, 58degrees.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors.
Gift Certificates
Gift certificates at this time may not be redeemed through the 58degrees.com Web site.
Pricing Errors and Omissions Excepted
Occasionally, our listed prices may be incorrect or the bottle size may be incorrect. For example, a 750ml size may be incorrectly priced as a 375ml bottle. When such situations occur, 58degrees.com shall be held harmless for the error. We make every effort to make sure that our product database is accurate, however mistakes do happen. We will not be responsible for typographical errors. In all cases, the customer will be contacted before any charges are made to the credit card for a decision to proceed or not proceed with the order at the correct price.
Returns
All requests for returns or cancellations must be made within 7 days of the invoice date, no exceptions. Because of the fees charged by your credit card company when we charge and subsequently credit your card, we will enforce the collection of our restocking fee if your card has already been charged. We charge your card when your order is reserved for you. If we haven't charged your credit card, you may cancel the order without being subject to our restocking fee. If we have already charged your card, the cancelled processed credit card order for all items - in-stock, prearrivals, futures - shipped or not, are subject to a 10% restocking fee. Please check your order receipt carefully to make sure you ordered the correct wine. We will not be responsible for any incorrect orders placed by you, the customer. Any incorrect orders that are processed and shipped will be subject to a 10% restocking fee, as well as shipping charges back to us if you want to return the item(s). The prices for wine can fluctuate greatly from day to day, because of this we do not accept returns for wines based on price changes within the marketplace.
Sales Tax
All wine is sold in the state of California and the title passes to the buyer in California. All purchases shipped to California addresses will be subject to a 8.75% sales tax.
Disclaimer of Warranties
ALTHOUGH 58DEGREES.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE 58DEGREES.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE 58DEGREES.COM SITE. 58DEGREES.COM DOES NOT WARRANT THAT YOUR USE OF THE 58DEGREES.COM SITE, OR THE OPERATION OR FUNCTION OF THE 58DEGREES.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE 58DEGREES.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. 58DEGREES.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE 58DEGREES.COM SITE. THE 58DEGREES.COM SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL 58DEGREES.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE 58DEGREES.COM SITE, THE USE OR PERFORMANCE OF THE 58DEGREES.COM SITE, THE DELAY OR INABILITY TO USE THE 58DEGREES.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE 58DEGREES.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE 58DEGREES.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 58DEGREES.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 58DEGREES.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 58DEGREES.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF
General Provisions
You agree that 58degrees.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the 58degrees.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of 58degrees.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 58degrees.com in writing. The Terms of Service, along with the 58degrees.com Privacy Policy, comprises the entire agreement between you and 58degrees.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of 58degrees.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of 58degrees.com shall be null and void. These Terms of Service will inure to the benefit of 58degrees.com's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in Sacramento County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.
Our Guarantee
58degrees.com guarantees quality products and service. Your satisfaction is our first priority. If, for any reason, you are dissatisfied with your order, please contact us within 7 days of the date of your order for customer care assistance. For fastest results, contact us by emailing winefinder@58degrees.com. As is tradition in the wine trade, all bottles 10 years or older are purchased at the buyer's risk, and we cannot be responsible for "corked" bottles. BUT if you're not happy with a purchase, please contact us so we can work out an agreeable resolution.
All wine sold by us is maintained at optimum conditions. We consider wine to be out of our control once it has been handed over to the shipper and we cannot be responsible for improper storage after it has been delivered, and as such we cannot accept returns for the following: Wines that do not coincide with personal tastes. Wines that have been adversely affected by customer's storage. Any other adverse condition affected while in customer's care. You must be 21 and over to purchase and consume wine and alcohol. By using this website, you agree to be bound by the terms and conditions above.
If you have any questions about these Terms of Service, please contact us at winefinder@58degrees.com
The Terms of Service and Conditions of Sale were d January 1, 2008.
