HDH Retail Terms & Conditions of Sale
Acceptance of Retail Conditions of Sale
These Retail Terms and Conditions of Sale apply to all retail wine sales by Hart Davis Hart Wine Co. LLC dba Hart Davis Hart Wine Co. (“HDH”). HDH may change or amend these Retail Terms and Conditions at any time, without notice, by posting changes or updated Retail Terms and Conditions at https://shop.hdhwine.com/conditions-of-sale. All changes are effective immediately when posted and are binding. You further agree to be bound by HDH’s Privacy and Security Policies, which can be found at https://shop.hdhwine.com/privacy-policy.
Age Verification
HDH does not sell alcohol to persons under the age of twenty-one (21). By placing an order with HDH, you represent and warrant that you are at least twenty-one (21) years old and that you are purchasing wine for personal use. HDH reserves the right to use reasonable means to verify a buyer’s age and reserves the right to refuse to sell wine to anyone. The willful misrepresentation of your age to purchase wine (or the age of the recipient) is a crime in most states, and if it appears to us that you have done so, we will refer you for criminal prosecution by the relevant authorities.
Transfer of Title to Wine
Title to wine you buy from HDH in Oregon passes to you in the State of Oregon upon you satisfying your obligations under these Retail Terms and Conditions, including but not limited to your payment obligation.
Title to wine you buy from HDH in Illinois passes to you in the State of Illinois upon you satisfying your obligations under these Retail Terms and Conditions, including but not limited to your payment obligation.
Release and Collection of Property
HDH does not ship retail wine purchases domestically. When you buy wine from HDH in Oregon, you agree to designate Portland Wine Storage, Inc. (“PWS”), 306 SE Ash Street, Portland, Oregon 97214, Tel.: (503) 231-1121, Email: info@portlandwine.com, as your agent for all purposes, including collection and/or storage of your wine(s). You further authorize PWS to collect your wine(s) from HDH, where they will be stored in PWS’s temperature-controlled warehouse. You agree that HDH has no responsibility for your wine(s) once they are collected by PWS. You agree that HDH may provide to PWS any information you give to HDH to place your order, such as your name and contact information. You further agree that PWS may contact you by telephone, email, or otherwise, regarding wine you purchased from HDH.
PWS offers complimentary storage for up to thirty (30) days after receipt of your order from HDH. To be eligible for complimentary storage, payment must be made in full, and you must comply with all of the Retail Terms and Conditions. At the end of the complimentary 30-day storage period, it is your sole responsibility to arrange for the collection, delivery, or storage of your wines with PWS.
For purchases from HDH in Illinois, you or your agent may collect your wine from HDH at 1511 West 38th Street, Chicago, IL 60609, during the hours of operation of 9:00am – 5:00pm (CST), Monday through Friday. To schedule collection of your wine, you must contact HDH’s Shipping Department by phone at (312) 379-8711 at least two (2) business days before the desired pick-up.
HDH shall have no liability or obligation for shipping or transporting any wine. HDH makes no representation, and assumes no obligation, with respect to the legality of shipping or transporting wine into any jurisdiction. HDH does not assume any obligation or bear any responsibility whatsoever for applying for or obtaining any required permit(s) or license(s) for the shipping and transporting of any wine. HDH does not assume any obligation or bear any responsibility whatsoever in the event that the quantity of wine purchased exceeds the quantity of wine that may lawfully be purchased and brought into your jurisdiction. Any loss, deterioration, or damage resulting from the shipping or transport of your wine is not HDH’s responsibility.
For inquiries regarding deliveries outside of the United States please contact HDH Customer Service at (312) 379-8711.
Payment
Wine held by HDH in Oregon is sold in the State of Oregon. Wine held by HDH in Illinois is sold in the State of Illinois.
Payment in full is due upon receipt of an invoice or order confirmation. No order will be released to PWS, to you, or to your agent from HDH’s cellar until all expenses related to the order have been paid. Payment can be made via wire transfer, ACH, check, Visa, MasterCard, American Express, or Discover (credit card payments are accepted up to $25,000).
Buyers who wish to pay via wire transfer should direct funds to:
Northbrook Bank & Trust Company
1100 Waukegan Road
Northbrook, IL 60062
SWIFT Code: NBBTUS44
Routing Number: 071926184
Beneficiary account name: HART DAVIS HART WINE CO. LLC
Beneficiary account number: 8705641985
If payment in good, cleared funds is not received within twenty-one (21) days of the purchase, HDH reserves the right to assess a late charge of up to 3% of the total purchase price, in addition to any other rights and remedies available by law to HDH, and an additional 3% late charge every two weeks following the first twenty-first days.
Returns and Cancellations
Returns and order cancellations are not accepted, except in cases of inventory errors on the part of HDH.
HDH reserves the right to cancel any order at any time.
Taxation, Duties & Tariffs
At all times, taxation is determined by point of collection or delivery. We are required by law to collect the appropriate state and local taxes from purchasers unless the purchase is deemed to be non-taxable. All non-taxable transactions must be completely documented prior to release of purchases.
Wine sold by HDH may be subject to laws, rules, or restrictions governing importation, including duties, tariffs, permits, rates, schedules, taxes, and preliminary statements, as they may be amended, adjusted, increased, renegotiated, replaced, or restated from time to time (herein “Import Duties”).
You are solely responsible for any and all Import Duties that may apply to purchases of wine, including those Import Duties in effect after you purchase the wine, but prior to the importation of the wine.
You cannot cancel any purchase, seek rescission of any agreement or contract, or fail to make timely payment for any purchase because of any applicable Import Duties, the adoption of a new trade policy, or renegotiation or termination of certain existing bilateral or multi-lateral trade agreements. You further agree that any applicable Import Duties are not considered to be outside of your control.
All conclusions as to applicable duties and tariffs due and owing will be determined by HDH in its sole discretion.
Bottle Images
Any images of labels on HDH’s website, in emails sent by HDH, or advertisements are meant merely to be representations of the wine and may or may not be actual pictures of the wine sold by HDH. HDH shall not be responsible for errors or omissions on HDH’s website, in any communication from HDH, or in any advertising.
Pre-Arrival/Futures Orders
Anticipated arrival dates on Pre-Arrival and Futures wines are estimates and may be changed at any time by HDH at its sole discretion.
HDH Makes No Representations or Warranties
All wine is sold “AS IS” and on an “AS AVAILABLE” basis without any representation or warranty of any kind by HDH. Any statement made by HDH, whether oral or written, whether made in an email, tasting note, advertisement, announcement, or other communication is not a representation of fact but is a statement of opinion only. You agree that you will not rely upon any such statement by HDH in any way and that any such statement is not a warranty or representation, including but not limited to a warranty or representation of origin, physical condition, merchantability, fitness for a particular purpose, correctness of description, size, quality, condition, rarity, authenticity or genuineness, attribution, value, importance, provenance, previous storage conditions, or historical relevance of any wine. HDH shall not be liable for any statement or description, made orally or in writing, and expressly disclaim any representation or warranty relating to any wine, including but not limited to the vintage, provenance, authenticity, quality, and condition of any wine. HDH further retains the right to amend, at any time and in any manner, any description of any wine. The absence of a statement, opinion, or representation as described herein, does not imply that wines sold by HDH are free from defects, nor does a reference to particular defects imply the absence of any others. YOU EXPRESSLY WAIVE ANY CLAIMS AGAINST HDH (INCLUDING ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) ARISING OUT OF OR RELATED TO YOUR RELIANCE ON ANY OF HDH’S STATEMENTS, OPINIONS, REPRESENTATIONS OR THE ABSENCE OF ANY HDH STATEMENT, OPINION OR REPRESENTATION REGARDING ANY WINE HDH OFFERS FOR SALE.
Indemnification
You shall indemnify, defend, and hold harmless HDH (and its affiliates, shareholders, directors, officers, employees, and agents, collectively, the “HDH Indemnitees”) from any judgments, liabilities, damages, losses, costs, or expenses (including attorneys’ fees and litigation expenses) which any of the HDH Indemnitees incur, or for which any of them become liable, in connection with any third party claim, demand, complaint, cause of action or other proceeding arising out of or relating to: (i) any breach or alleged breach of any representation or warranty herein or breach of any of these Retail Terms and Conditions by you; (ii) the actual or alleged inaccuracy of any information or document delivered by you pursuant to or in connection with these Retail Terms and Conditions; (iii) your actual or alleged violation of applicable laws, rules, or regulations or of the rights of any third party; (iv) any act or omission by you, your agents, or employees, adversely affecting any wine you purchase; (v) events occurring after your wines are delivered from HDH to PWS; and (vi) after you and/or your agent collects your wines from HDH in Illinois. Your representations, warranties, and indemnification will survive completion of the transactions contemplated in these Retail Terms and Conditions.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HDH OR HDH’S AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER, OR FOR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOODWILL, OR REPUTATION IN CONNECTION WITH BUYING WINE FROM HDH OR OTHERWISE IN CONNECTION WITH THESE RETAIL TERMS AND CONDITIONS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HDH AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATED TO THESE RETAIL TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF THE PURCHASE PRICE PAID FOR THE WINE YOU BOUGHT FROM HDH WHICH WINE IS THE SUBJECT OF ANY CLAIM YOU ASSERT AGAINST HDH OR HDH’S AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATION OF LIABILITY AND/OR EXCLUSION OF DAMAGES, AND SO, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Copyright
The images, illustrations and written material produced by or for HDH are protected by copyright and you may not use such images, illustrations, or other written materials without HDH’s prior written consent.
Headings
The section headings in these Retail Terms and Conditions are for convenience of reference only and shall not be considered as substantive parts of these Retail Terms and Conditions.
Entire Agreement and Waiver
These Retail Terms and Conditions (including all instruments incorporated by reference), the HDH Privacy Policy, and other HDH policies referenced herein constitute the entire agreement between HDH and you pertaining to the subject matter hereof and supersedes any and all prior discussions and agreements between them. Any failure by HDH to enforce any provision of these Retail Terms and Conditions shall not operate as a waiver of such provision.
Choice of Law and Exclusive Venue
For Purchases of Wine in Oregon:
These Retail Terms and Conditions and your purchase of wine from HDH shall be governed by Oregon law without reference to any conflict of laws principles which might direct the application of the laws of any other jurisdiction. ANY ACTION ARISING OUT OF OR RELATING TO THE RETAIL TERMS AND CONDITIONS and/or YOUR PURCHASE OF WINE FROM HDH SHALL ONLY BE INITIATED IN THE STATE COURTS LOCATED IN PORTLAND, OREGON OR, IF JURISDICTION IS APPROPRIATE, THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON, AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND WAIVE ANY OBJECTION TO VENUE IN SUCH COURTS OR THAT SUCH COURTS ARE INCONVENIENT. YOU AGREE THAT IN THE EVENT YOU INITIATE AN ACTION AGAINST HDH IN A COURT OTHER THAN THE OREGON COURTS IDENTIFIED ABOVE THAT YOU WILL NOT OBJECT TO AND WILL FACILITATE HDH’S EFFORTS TO DISMISS OR TRANSFER SUCH ACTION TO THE APPROPRIATE COURT LOCATED IN OREGON. YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THE RETAIL TERMS AND CONDITIONS. The prevailing party in any action arising out of or relating to the Retail Terms and Conditions shall be entitled to an award of the attorneys’ fees and costs such prevailing party incurs at the trial and appellate levels and in any proceeding to determine the prevailing party’s entitlement to and amount of such attorneys’ fees and costs.
For Purchases of Wine in Illinois:
These Retail Terms and Conditions and your purchase of wine from HDH shall be governed by Illinois law without reference to any conflict of laws principles which might direct the application of the laws of any other jurisdiction. ANY ACTION ARISING OUT OF OR RELATING TO THE RETAIL TERMS AND CONDITIONS and/or YOUR PURCHASE OF WINE FROM HDH SHALL ONLY BE INITIATED IN THE STATE COURTS LOCATED IN CHICAGO, ILLINOIS OR, IF JURISDICTION IS APPROPRIATE, THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND WAIVE ANY OBJECTION TO VENUE IN SUCH COURTS OR THAT SUCH COURTS ARE INCONVENIENT. YOU AGREE THAT IN THE EVENT YOU INITIATE AN ACTION AGAINST HDH IN A COURT OTHER THAN THE ILLINOIS COURTS IDENTIFIED ABOVE THAT YOU WILL NOT OBJECT TO AND WILL FACILITATE HDH’S EFFORTS TO DISMISS OR TRANSFER SUCH ACTION TO THE APPROPRIATE COURT LOCATED IN ILLINOIS. YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THE RETAIL TERMS AND CONDITIONS. The prevailing party in any action arising out of or relating to the Retail Terms and Conditions shall be entitled to an award of the attorneys’ fees and costs such prevailing party incurs at the trial and appellate levels and in any proceeding to determine the prevailing party’s entitlement to and amount of such attorneys’ fees and costs.