Effective Date: September 29, 2014
Welcome to Boulevard Estate’s website. Our website, services, and products are provided by Boulevard Estate LLC, a Wisconsin limited liability company (“we,” “us,” or “our”).
These Terms of Service (“Terms”) govern your access to our website and any purchase of our products or services. By using our website, you enter into a legally binding contract with us consisting of these Terms. You also represent that you have read, understood, and agree to be bound by these Terms. These Terms contain an arbitration clause, limit your right to seek relief in court, and other important information about your rights and obligations. We may change these Terms at any time by posting a new version or by notifying you otherwise. If you do not agree to these Terms, do not access our website or purchase or use our products or services.
SALE OF ALCOHOLIC BEVERAGES
We do not sell alcohol to any person under the age of 21. We also make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using our website, you swear and affirm each of the following:
- You are 21 years of age or older.
- Any alcohol you purchase from us will be shipped to someone 21 years of age or older.
- Any alcohol you purchase from us is intended for personal consumption only and not for resale.
- You will comply with all federal and state laws and regulations that apply to you in purchasing alcoholic beverages.
We use FedEx for wine shipments. Shipping rates depend on the number of bottles and location.
Due to strict laws and regulations, which change regularly, wine can only be shipped to certain states and zip codes. For information about wine shipping laws, please visit the Wine Institute’s website or contact us. Please note that the Wine Institute is an independent third party, and their website may or may not be accurate, complete, or up-to-date.
State law, as well as FedEx policy, requires signature by an adult 21 years of age or older at the time of delivery for every package containing wine. The recipient must present an acceptable form of ID at delivery and must not show signs of intoxication. If a shipment is returned to us, we will bill your card on file for the return shipping. To avoid problems with delivery, we strongly suggest that you consider shipping your order to a business address.
Please contact us directly at (414) 220-4737 with any questions about or special requests for shipping.
Heat is an enemy of wine. It can push corks and ruin wines. Cold can also damage wine. If you request shipping to a very hot or very cold climate, we will likely contact you to suggest a faster shipping method or delaying shipment, or to request that you fill out a waiver assuming liability if the wine is damaged.
We want you to be completely satisfied with your purchase.
If you received an item in error, you may return the item to us within 30 days of delivery and we will send you the correct item. If your wine is unsalable—i.e., cork tainted or otherwise defective, as we reasonably confirm—you may return the original bottle with the unfinished portion within 30 days of purchase and we will send you a replacement of the same item. If you qualify for a return and we do not have an item in stock, we will send you a different item or will issue a refund. We will pay for the shipping of qualified returns.
We are unable to accept return of wine that was damaged due to adverse weather conditions during shipment or that you ordered in error.
PARENTAL CONTROL PROTECTION
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. Among the many companies that provide Internet blocking and screening software are CyberPatrol and NetNanny. We do not sponsor or endorse any of these companies or their services.
OUR LIMITED LICENSE TO YOU
We grant you a limited license to access and use our website for the purpose of viewing, signing up for, buying or using our products or services. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this website in any way for any public or commercial purpose without the prior written consent of us or the rights holder. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this website unless expressly permitted by law. This website or any portion of it may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us. We and our licensors retain all of our rights, title and interest in and to all patent rights, inventions, copyrights, trademarks, know-how, and trade secrets relating to our website, products, and services.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OR BY US, WE PROVIDE THIS WEBSITE AND OUR SERVICES AND PRODUCTS ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. WE DO NOT GUARANTEE THAT OUR WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BOULEVARD ESTATE LLC OR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, MEMBERS, OFFICERS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF USE, PROFIT, REVENUE, OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE, SERVICES, OR PRODUCTS.
ARBITRATION AND OPT-OUT
You and we agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms or to our services or products shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its applicable rules and procedures. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY OR CLAIMS INVOLVING ANOTHER USER’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ANY RELIEF AWARDED CANNOT AFFECT OTHER OF OUR CUSTOMERS. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If the prohibition against class actions and other claims brought on behalf of third parties contained in this section is found to be unenforceable, then all of the preceding language in this provision shall be null and void. This arbitration agreement will survive the termination of your relationship with us.
YOU MAY CHOOSE TO OPT-OUT OF THIS ARBITRATION PROVISION BY MAILING US A WRITTEN OPT-OUT NOTICE. THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU FIRST BECAME SUBJECT TO THIS ARBITRATION PROVISION. YOU MUST MAIL THE OPT-OUT NOTICE TO: Boulevard Estate LLC, 260 E. Highland, Suite 401, Milwaukee, WI 53202, ATTN: Arbitration Opt-Out. YOUR OPT-OUT NOTICE MUST INCLUDE YOUR NAME, ADDRESS, EMAIL ADDRESS, AND A STATEMENT YOU THAT YOU DESIRE TO OPT-OUT OF THE ARBITRATION PROVISION IN THESE TERMS.
We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you.
If any term, clause or provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining terms, clauses and provisions remain in full force and effect, if the essential terms and conditions of these Terms remain valid, legal and enforceable.
The laws of the State of Wisconsin govern all matters arising out of or relating to these Terms and all transactions it contemplates, including its interpretation, construction, performance, and enforcement. The prevailing party in any action or proceeding between the parties shall be entitled to an award of its reasonable attorney’s fees and costs.
Any party bringing a legal action or proceeding against any other party arising out of or relating to this Terms must bring the legal action or proceeding in a state or federal court in the County of Milwaukee, State of Wisconsin. The parties consent to the exclusive jurisdiction of such courts, and each party waives any objections it may now or later have to the venue or convenience of such forum.
We may terminate these Terms at any time, with or without cause, effective immediately upon written notice to you, or by terminating or suspending any account you have with us. We reserve the right to terminate your account or access to our services or products for any reason or no reason.
We will send notices to you under these Terms by email or by posting notices on our website. You consent to receive notices and other communications from us electronically and agree that such communications satisfy any legal requirement for a writing. You will be considered to have received a notice or other communication when we send it to the email address you have given us, or when we post such notice or other communication on our website. You must keep your email address updated. All notices to us intended to have a legal effect concerning these Terms must be in writing and delivered either in person or by means evidenced by a delivery receipt, to the following address: Boulevard Estate LLC, 260 E. Highland, Suite 401, Milwaukee, WI 53202. Such notices to us are deemed effective upon receipt.
We reserve the right to modify, supplement, or replace these Terms, effective upon posting at our website or notifying you otherwise (e.g., by email). If you do not want to agree to changes to these Terms, you may close any account you have with us, stop using our website, or not order any additional products or services from us.