Premium Wine Delivery
Shipping Agreement & Terms and Conditions
1. Premium Wine Delivery, hereafter referred to as PWD, the Shipper referred to herein as Shipper and end-customer referred as a Wine Recipient, agree as follows.
2. PWD operates as a common carrier under the Texas Alcoholic Beverage Commission (TABC) license #104926807 and does not engage in selling, buying, or storing wine.
3. PWD will not accept wine for shipment without complete address and contact information provided, including: a) Shipper's first and last name, and company name, b) Address, c) Cell phone number, d) Email address. Shipper acknowledges its duty to provide complete and accurate shipping information to PWD.
4. A case is recognized and agreed to consist of 1-12 standard 750 ml bottles, with a maximum weight of 41 lbs.
5. These terms and conditions contain the complete legal agreement between PWD and Shipper. No other terms are permitted. The use of PWD’s services by the Shipper constitutes agreement to the terms outlined in this document.
Shipping Liabilities
6. Any misspellings or incorrect information that inhibit the prompt delivery of the package are the Shipper’s responsibility and may result in delays and extra charges.
7. Undeliverable items will be returned to PWD, with the Shipper responsible for the returned shipping charge.
8. Shipments to locations that utilize a central receiving area, front desk, or leasing office may be delivered to such places.
Alcohol Waiver
9. The shipping of wine or alcoholic products is strictly regulated and monitored by state authorities. PWD reserves the right to inspect any package if alcoholic items are suspected and not properly identified.
10. Wine and alcoholic products may only be delivered to individuals 21 years of age or older, with a valid government-issued ID, and signature of the recipient required upon delivery.
11. Shipper shall be solely responsible for ensuring that a package tendered to PWD does not violate any federal, state, or local laws or regulations applicable to the package. Shippers using PWD hereby represent that their shipments are in complete compliance with all such laws.
12. Shipper acknowledges and agrees that PWD shall not be responsible for identifying or interpreting any applicable law or regulations affecting Shipper’s shipment; such functions are solely Shipper’s responsibility.
Insurance
13. PWD offers both Base and Additional Insurance, covering heat or cold damage, loss, etc.
14. PWD provides Base Insurance up to the first $100 value of the package and offers Additional Insurance for a fee equal to 2% of the declared value.
15. For wine shipped not in wine shippers (raw cases, wooden boxes, etc.), an Additional Insurance fee will be mandatory, at a rate of $2 per case or declared value.
16. If Shipper fails to declare a value, the agreed value is set at $100 per case.
17. Receipts must be available to the insurance broker for any claims being filed with PWD. PWD will inspect the item at the delivery address with all shipping materials present (i.e., boxes, plastic wrap, styrofoam) in order to properly claim damage on the item(s). Discarded packaging materials will void any eligibility in filing a claim.
18. Final decisions on claim values and refund amounts are solely at the discretion of PWD.
Additional Charges
19. PWD will charge an additional $1 per pound per case for weights exceeding 41 lbs.
20. Other surcharges may apply for complicated deliveries or additional services such as repacking, recycling, deliveries to rural/remote areas, etc.
Returns and Claims
21. Shipper is responsible for the shipping fees of returned packages.
22. Any items returned to PWD will be considered unclaimed and relinquished after 10 business days of PWD notifying Shipper, if Shipper fails to make and pay for arrangements for a return or alternative delivery.
23. If package(s) arrive damaged (e.g., loss or damage, cork push or seepage), Shipper must immediately notify the PWD delivery person and arrange for an inspection of the package(s) with PWD. All packaging materials must be kept for inspection. Claims not made to PWD within 72 hours of the delivery date will be waived.
Payments and Fees
24. Shipper agrees to pay PWD all fees prior to shipping, before the order is picked up by PWD or the logistic partner from the Shipper's location.
25. If Shipper has an open account with PWD, all fees will be paid within 15 days from the date of shipment pick-up. Furthermore, Shipper agrees to pay PWD a 10% finance charge if the account becomes 15 days past due.
26. Payment method: all payments should be made online through credit card, Zelle, or wire transfer ACH. No cash will be accepted. There is a 3% processing fee when charging the Shipper's credit card and 1% for payment by QuickBooks.
27. PWD is not responsible for any delays due to declined or expired credit cards or incorrect billing information thereof. Declined credit cards will delay shipment.
PWD’s Responsibility
28. PWD is responsible for delivering to Wine Recipient in a temperature-controlled environment.
29. PWD will send notifications via email and SMS to Wine Recipient (with a tracking number) and will make reasonable efforts to deliver a package.
30. Proof of Delivery (POD) confirmation PDF, including a digitalized signature, will be provided by PWD after a completed (or failed) delivery without an additional fee.
31. PWD will not charge additional fees for: residential addresses, adult signatures, redirecting/rescheduling.
32. Last-mile delivery includes 2 attempts, including 1 rescheduling/redirecting/address change option. All requested rescheduling/redirecting/address changes should be made by 5 PM the day before the scheduled delivery.
33. In the event of a missed attempt, PWD will contact the Wine Recipient via email to arrange the next delivery attempt time.
34. Rescheduled or missed attempts will be delivered on the next available route.
35. After 2 attempts, if PWD is unable to deliver the package, it will be returned to our facility and kept for 10 business days. After the 2nd failed attempt, PWD will send a notice to the Shipper and arrange for the return of the package.
36. If, within the 10 business days, Shipper fails to respond, the package will be deemed abandoned and will be disposed of.
Shipper Responsibility
37. Shipper is responsible for preparing orders and sending PWD a manifest with all required details (Addressee First and Last Name/and Business Name, Address, Cell Phone Number, Email) prior to shipment.
38. If the number of cases is higher than declared on the manifest, delivery will be held until the updated invoice is paid in full.
39. Every box should have the Addressee's address (shipping label) and the required-by-law information about alcohol and adult signature (PWD can provide).
40. It is the Shipper's responsibility to pack all packages for safe transportation and to prevent damage to other packages; when shipped by third-party partners, all shipments should be palletized and shrink-wrapped.
41. Any items returned, damaged, overages, or not paid in full at the time of receiving by PWD will be considered unclaimed and abandoned after 10 business days of PWD notifying Shipper. If Shipper shall have failed to give PWD written notice of an intention not to abandon or pay, within 10 business days thereafter, PWD may reasonably assume that Shipper has abandoned the items. PWD shall have the right to proceed to sell the unpaid property or otherwise dispose of any unpaid, returned, damaged, overage, unclaimed, or abandoned property after 10 business days of notification and no response from Shipper.
Third Party
42. PWD may employ professional logistic partners to transport wine from the Shipper's location to the Texas facility.
43. All third parties hired by PWD are professional logistic partners, specialized in delivering wine in refrigerated trailers (55 F dock-to-dock).
44. All logistic partners hired by Shipper must fulfill PWD’s shipping standards.
Customer purchase and use of any product or service from PWD is at Customer's risk. To the extent fully permitted by law, neither PWD nor any other party involved in creating, producing, or delivering products is liable for any direct, indirect, incidental, consequential or punitive damages arising out of Customer access to, or use of, PWD services or goods purchased through use of PWD’s service. Unless expressly granted by these Terms, all goods and services are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE