Premium Wine Delivery

Shipping Agreement & Terms and Conditions

 

1. Premium Wine Delivery, which shall be hereafter referred to as PWD and Shipper is referred to herein as Shipper.

2. PWD operates as a common carrier under Texas Alcoholic Beverage Commission (TABC) license #C954472 and is not selling, buying or storing wine.

3. PWD will not accept wine for shipment without complete address and contact information provided containing: a) Shipper First and Last Name/and Company Name b) Address c) Cell phone number d) Email address.  Shipper acknowledges its duty to provided complete and accurate shipping information to PWD.

4. A case is recognized and agreed to as a 1-12 standard 750 ml bottles, with a maximum weight equal to 40 lbs.

5. These terms and conditions contain all legal agreements between PWD and Shipper. No other terms are permitted. Shipper’s use of PWD’s services confirms its agreement that this document contains all of the parties’ agreements concerning the shipment.

Shipping Liabilities

6. Any misspellings or incorrect information that would inhibit the prompt delivery of the package is Shipper’s responsibility and may result in delays and extra charges.

7. Undeliverable items will be returned to PWD and Shipper will be responsible for the returned shipping charge.

8. Shipments to location 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 adults 21 years of age or older with a valid government issued ID and signature of recipient.

11. Shipper shall be solely responsible to ensure 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 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 and that this function is solely Shipper’s responsibility.

Insurance

13. PWD offers Insurance (Base and Additional) which covers 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 declared value fee therefore.

15. For wine shipped not in wine shippers (raw cases, wooden boxes etc.) Base Insurance fee will be mandatory, at a fee equal to $2 per case.

16. If Shipper fails to declare a value, the agreed value is up to $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 claims values and refund amounts are solely at the discretion of the PWD.

Additional Charges

19. PWD will charge an additional $1 per pound per case over the weights 40 lbs.

20. Other surcharges may apply for complicated delivery or additional services such as repacking, recycling, rural/remote delivery areas, etc.

Returns and Claims

21. Shipper is responsible for returned package shipping fees.

22. Any items returned to PWD will be considered unclaimed and relinquished after 10 business days of PWD notifying Shipper and Shipper fails to make and pay for arrangements for a return or alternative delivery.

23. If package(s) should arrive damaged: i.e. loss or damage, cork push or seepage, Shipper must immediately notify the PWD delivery person. Shipper must arrange for inspection of 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 Shipper location.

25. If Shipper has an open account with PWD, all fees will be paid within 15 days from date of shipment pick up. Furthermore, Shipper agrees to pay PWD a 10% finance charge if account become 30 days past due.

26. Payments method: all payment should be paid online through credit card, PayPal or wire transfer ACH. No cash or checks will be accepted. There is a 3% processing fee when charging Shipper credit card or for payment by PayPal.

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 delivery to Shippers in a temperature controlled environment.

29. PWD will send notifications via emails and SMS to Shippers (with tracking number) and will make reasonable efforts to deliver a package.

30. Proof of Delivery (POD) confirmation PDF including digitalized signature will be provided by PWD after completed (or failed) delivery without additional fee.

31. PWD will not charge additional fees for: residential address, adult signature, redirecting/rescheduling, delivery on weekend and evening.

32. Last mile delivery contains 3 attempts including 1 rescheduling/redirecting/address change option. All requested rescheduling/redirecting/address changes should be made by 5 PM the day before scheduled delivery.

33. In the event of missed attempt PWD will contact Shipper via phone, email or SMS to arrange next delivery attempt time.

34. Rescheduled or missed attempts will be delivered on next available route.

35. After 3 attempts, if PWD is unable to deliver the package, it will be returned to our facility and kept for 10 business days. After 3rd failed attempt, PWD will send a notice to Shipper and arrange for the return of the package.

36. If, within the 10 business days Shipper fails to respond, the package will be claimed abandoned and will be disposed.

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 manifest, delivery will be held until updated invoice is paid in full.

39. Every box should have Addressee address (shipping label) and required by law information about alcohol and adult signature (PWD can provide).

40. It is Shipper 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 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 use (hire) professional logistic partners to transport wine from Shipper location to Texas warehouse.

43. All third party hired by PWD are professional logistic companies, specialized in delivery wine in refrigerated trailers (55 F dock-to-dock).

44. All logistic companies hired by Shipper must fulfill PWD 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.