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Terms & Conditions
Cancellation or Fees Terms:
Shipping/Delivery fees are the responsibility of the Purchaser. Seller is not
responsible for the carrier’s missed/Non delivery for any reason. Delivery is
curbside. Optional upgrades in delivery service is an additional fee. If upgraded
delivery service cannot be performed properly, Purchaser agrees to accept
delivery curbside and the difference in upgraded cost will not be refunded. If
item with free shipping/freight is canceled in transit, a charge of 25% of the
price of the unit/s plus freight costs both ways will be charged. All damages
must be noted at time of delivery on BOL and Seller to be notified within 48
hours of delivery of such damage. Purchaser acknowledges if cancelation is
authorized by Seller, a 35% restocking fee and freight both ways will be
charged. No cancelation or refund on made-to- order products. If an order has
been placed and production has not started, cancellation fee of 15% of total
amount will be charged. Cancelled orders paid by Credit Card will have an
additional fee of 3% deducted from the total refund. Once your order has
shipped, the shipping address cannot be changed. Refurbished units are sold
as is. Purchaser assumes risks to the quality and performance of goods and
assumes the costs of all necessary service or repair not covered herein.
(Box here for check mark) Accept Terms & Conditions
Vinotemp International Corp. (“Seller”) and the person or entity that acquires
these goods from Seller (“Purchaser”) hereby fully agrees to the following
terms and conditions of the sale: Shipping/Delivery fees are the responsibility
of the Purchaser whether freight prepaid or freight collect. Seller assumes
responsibility for the goods sold to the Purchaser until the goods have reached
Purchaser’s delivery address (FOB Destination) and the delivery receipt is
signed clear. Seller is not responsible for the carrier’s late delivery, missed
delivery, unpaved roads, remote locations, stairs, elevators, narrow door
openings and other such issues in attempting to fit or deliver the goods into the
Purchaser’s location. Delivery to remote locations may require additional fees.
Remote location may be defined at the discretion of the carrier as more or less
than 50 miles from the nearest major city. Purchaser assumes all responsibility
for additional costs related to freight such as access, measurement,
installation, hookup, wiring, moving and storage of the goods, flight of stairs,
carrier’s inability to safely and/or adequately deliver, inability to use the building
elevator to lift the goods, narrow openings, along with any additional costs to
deliver or redeliver the product properly. Make sure to review access to the
property and size of the product ordered.
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The transportation of all goods is subject to the terms and conditions which the
carrier imposes on Purchaser. Installation is the responsibility of the Purchaser.
If white glove delivery was ordered and cannot be performed properly, or
access is hindered in any way, Purchaser agrees to accept delivery curbside
(delivery service cannot be refunded). If Purchaser will-calls or pays for their
own freight responsibility transfers to the Purchaser when the Purchaser or
Purchasers freight company picks up the unit from Seller. Freight quoted are
either curbside, threshold or white glove. Standard white glove delivery is main
floor, easy access and NO STAIRS, Doors, aligned feet attached (if necessary)
and removal of packaging, additional fees for additional requests. Each service
has a different rate and will require additional fees. If freight is not charged
(Free Shipping or Freight Included) and the order is cancelled after shipping, a
freight charge of 25% of the cost of the unit, each direction will be charged.
Item swap outs are arranged as curbside delivery and pickup unless noted
otherwise. There is no white glove service for returns. Approved returns must
have original and/or proper packaging. Swap-outs (Delivery and Pick up are at
the same time) Original unit must be packed and ready for carrier pick up at
time of delivery of new unit. Packaging of old unit must be adequate for
shipping, not oversized or on a pallet if unit was not originally delivered on a
pallet. Carrier will not drop off new unit if the original unit is not ready. If the
carrier has to make a second attempt, customer will be subject to additional
charges for the attempted delivery and for any packaging issues. Deliveries
include ONE attempt by the shipping company to deliver the product to the
consumer. If for any reason the customer is unavailable to accept the order and
the product is undeliverable under any circumstances, the customer will be
responsible for any extra shipping and handling charges. We are a
manufacturer not a shipping company, deliveries are done by a 3rd party
service. Email us at [email protected] for a quote or any additional
information. Freight discussed is Continental USA (excluding Alaska, Puerto
Rico, Hawaii), cost is additional please email [email protected] for a quote.
If you use a service repair company without approval or parts not supplied by
Vinotemp and your unit under warranty fails to work, we will repair your item
provided you ship your unit prepaid to and from our facility in Henderson.
Vinotemp is not responsible for install or removal costs or unauthorized repairs.
If the repair or unauthorized part damaged the unit, we will provide customer a
cost to repair that damage.
California Proposition 65 Warning: The products sold on this ecommerce
website and to the public may contain chemicals and other substances known
to the State of California to cause cancer and birth defects and other
reproductive harm.
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Totes made of vinyl, imitation leather, and/or leather material contain lead
and/or other substances that are known to the State of California to cause
cancer, birth defects and other reproductive harm.
Microfiber “Plastic microfiber” means a small synthetic particle that is fibrous in
shape, less than 5 millimeters in length, and is released into water through the
regular washing of textiles made from synthetic material.
Composite wood: May contain formaldehyde.
Galvanized metal and some of its constituents contain lead and/or other
substances that are known to the State of California to cause cancer, birth
defects and other reproductive harm.
Products made of vinyl contain lead, Diethyl Hexyl Phthalate (DEHP), and/or
other substances that are known to the State of California to cause cancer,
birth defects and other reproductive harm.
Acrylic may contain Acrylic Acid and/or other substances that are known to the
State of California to cause cancer, birth defects, and other reproductive harm.
Appliances may contain tin or lead in either the paint or the controllers, and/or
other substances that are known to the State of California to cause cancer,
birth defects, and other reproductive harm.
Our barware items may contain plastic, acrylic, enamel, crystal, metal and/or
other substances that are known to the State of California to cause cancer,
birth defects, and other reproductive harm.
Appliances may contain Tin, Lead or Nickel
Damage: All damages must be noted at time of delivery. If a bill is signed that
there is no damage, buyer accepts delivery as free and clear. Any claim for
damages of the goods, when FOB Destination, that incurred during shipment
by the carrier are insured and handled directly with the carrier by the Seller if
noted on the receipt and notified within 48 hours of delivery. OPEN AND
INSPECT YOUR DELIVERY. When FOB Destination, if the item is damaged by
the freight company, and Purchaser cancels rather than accepts a
replacement, the order can be cancelled by paying for freight costs both ways
and a 35% restocking fee for stocked items. No cancellation or refunds on
custom/made or made to order products. When shipped 3rd Party (FOB
Warehouse), Purchaser assumes all responsibility for delivery, payment of
freight and freight claims for damages during shipment. Manufacture defects
will be handled directly with Seller, subject to the limited warranty below.
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Fees: All sales are final. Unless authorized in writing by the Seller, Purchaser
may not return the goods under any circumstance. If Seller agrees in writing to
take back stocked goods, there will be a restocking/service fee that is 35% of
the purchase price of the goods and freight both ways (product must be new,
unused, and in original packaging). If Purchaser returns goods claiming that
the goods are defective and goods are found to be in working condition by the
Seller, Purchaser is liable for the cost of freight both ways plus and a service
fee that is 35% of the purchase price of the goods. Built to Order and Custom
products are nonreturnable, nonrefundable. Purchaser must notify Seller of
nonconforming goods within 48 hours of receipt, after which time all goods are
deemed accepted by the Purchaser. If an order has been placed and
production has not started, cancellation of your order will be a 15% charge. If
Purchaser tenders payment with a check that has insufficient funds (NSF), a
collection fee plus NSF fee of $50 will be added to the invoice, which Purchaser
agrees to pay promptly. If Purchaser puts a stop payment on a check or credit
card for any reason, Purchaser agrees to pay for all costs associated with the
Seller’s collection or litigation of such a claim, including, without limitation,
general and special damages, court costs and attorneys’ fees. Finance
charges begin the date of invoice. Title to the goods reverts back to the Seller
in the case of nonpayment of goods or services. All fees and costs to retrieve
the product, cost of freight, legal costs, collection fees and court fees, credit
card fees and interest rate of 18% (annual rate) will be the responsibility of the
Purchaser. In a credit card dispute, Purchaser assumes and must immediately
pay any “credit card arbitration” fees and chargeback fees which the credit card
companies charge at the time of the chargeback. Cancelled orders using a
Credit Card will have an additional fee of 3% deducted from the refund.
Any disputes not resolved within 30 days from the invoice date will be reported
to credit reporting agencies.
LIMITED WARRANTY: Seller warrants that the goods will be free of defects in
materials and workmanship as follows:
Furniture style (wood) wine cabinets made in the U.S.: all cooling unit parts
only for a period of 1 (year) year; cabinetry and labor (uninstalled) for a period
of 12 (twelve) Months (Model numbers “Vino” and “Custom”.
Metal cabinet units (appliances) (compressor) (made in China and
Denmark)(Model numbers start with EL, VT, IL, or EP: parts and labor for
cooling system and cabinetry for a period of 12 (twelve) months.
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Thermoelectric Units: 90 (ninety) days (including Wine and Beverage Coolers,
Beer Dispensers, Humidor, Portofino Wood Cellars, and Refrigerators).
(Models start with EL, VT, IL or EP).
WineMate and Cellar Tec (WM, Wine Mate or CT)(Wine Cooling Units) Split
and Ducted Systems and other installed cooling units are parts only for 1 year,
no labor. Self Contained WineMate Cooling Systems are 1 year parts, 1 year
labor. Removal and reinstallation of cooling units is not included.
Wine Accessories, Racking Systems, Parts and Other miscellaneous items is
a 30 day warranty.
Il Romanzo units: Warranty 90 (ninety) days. Replacement part 12 (twelve)
months from the date of sale.
Brama: 1 year warranty from date of purchase.
Non-New Units (Scratch & Dent/Refurbished/Floor Models), warranty for
compressor units is 90 days from your dated invoice and 30 days for
thermoelectric units (parts for function only, not cosmetic defects). These units
are refurbished and sold as is; Purchaser assumes risks to the quality and
performance of goods and assumes the costs of all necessary service or repair
not covered herein. Extended warranties via New Leaf may not be purchased
on Non-New Units. Delivery is curbside. Upgrades in delivery will require an
additional fee.
Element Grills (via Element Products LLC), grills have a thirty day limited parts
warranty on grill accessories.
If a model is not listed here will have 90 day warranty on parts only if it’s a new
item.
Parts and Repairs: Warranty on in-house repairs: 90 days parts and labor for
compressor; 30 days parts and labor for Thermoelectric; Customer is required
to put down a labor deposit of $75 for Thermoelectric units; $150 for
compressor based Wine Coolers and $195 for WineMate units which will be
kept if a unit is found to be in good working condition. Customer is responsible
for freight costs to us.
Warranty on parts purchased: 30 days; if part fails within 30 days of purchase,
customer is to ship us back the part; upon inspection, if defective, VT will send
replacement part at no charge.
If a purchaser claims a product is “defective” with regards to refrigeration,
Purchaser must obtain a letter from a qualified refrigeration technician at the
Purchaser’s cost to verify that the unit was installed properly, with proper
ventilation and the unit is truly malfunctioning due to a manufacturing defect.
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Removal or reinstallation of a unit is not included in warranted costs. Purchaser’s
exclusive remedy is limited at Seller’s option to repair or replace defective part[s]
with either new or reconditioned part[s]. Purchaser is responsible for shipping the
unit prepaid to a designated facility and Seller will pay return shipping charges in
the continental United States for items repaired under warranty within 12 (twelve)
months from date of sale. The returned unit must be packaged correctly, with
enough protection to ensure the unit is not further damaged. Oversized or lack of
packaging is not permitted and will be refused. Replacement or exchanged units
will be returned to Purchaser through curbside delivery only. Any redelivery fees
are the Purchasers responsibility. Since the natural variation in texture, density,
grain, color, tone, and shade of wood is unavoidable; Seller does not guarantee
the texture, color, tone, or shade of the wood: nor does seller guarantee the
colorfastness of wood or against peeling, chipping, cracking, or scratching. Note:
Unfinished wood is subject to warping; all wood surfaces must be sealed before
placing cellar into service. Make sure doors are aligned by reviewing the owner’s
manual. Improper repair or placement of the unit will void the warranty. Any third
party repair facility must be preapproved in writing by Seller, before providing
replacement parts under warranty. Change Orders: Custom units already in
production that require a change will be subject to a change order fee.
Storage Fees: When having an item serviced by a Vinotemp service technician
at the Vinotemp facility, Purchaser agrees to pick up their repaired item or make
arrangements for return shipping within a 30 day period once they have been
notified by Vinotemp through phone call, email, or letter that their unit is ready for
pick up. If the item remains in the Vinotemp warehouse after 30 days but no
longer than 60 days, the Purchaser will incur additional storage fees of 2%. After
60 days in storage, the item will become property of Vinotemp. For custom units
with deposits: If product is not picked up or shipped within 60 days of completion,
Purchaser deposit is forfeited and product becomes the property of Vinotemp.
Warranty period is from the date of sale (not from shipping, delivery, nor
installation). All completed cabinetry, racking, or other custom work must be
picked up or shipped within a period of 14 days after Vinotemp has notified the
Purchaser by phone call, email, or letter. Any completed cabinetry, racking, or
other custom work stored longer than 14 days will incur an additional monthly
storage fee. After 60 days, the product will become property of Vinotemp.
This Limited Warranty does not cover damage due to such things as accident,
misuse, abuse, mishandling, neglect, acts of God, fires, earthquakes, floods,
high winds, government, war, riot or labor trouble, strikes, lockouts, delay of
carrier, unauthorized repair, or any other cause beyond the control of the Seller,
whether similar or dissimilar to the foregoing. Seller is not responsible for any
damages caused to Purchaser's property resulting from the goods.
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This limited warranty applies only inside the Continental US (Alaska, Puerto
Rico, Hawaii and other territories/countries are not warranted). Purchaser
understands and acknowledges that the goods sold here are wine cellars, cigar
humidors, and/or other similar units which house wine or cigars or other items.
Purchaser assumes all risk of using these units, including risk of spoilage,
humidity variations, temperature variations, leaks, fire, water damage, mold,
mildew, dryness and similar and any other perils that might occur. Seller is not
responsible for incidental or consequential damages, and there are no
warranties, expressed or implied, which extend beyond the Limited Warranty
described above. Warranty and liability are nontransferable. The implied
warranties of merchantability and of fitness for a particular purpose are hereby
expressly disclaimed. Some states do not allow the exclusion of incidental or
consequential damages, or a waiver of the implied warranties of fitness and/or
merchantability, so the above limitations may not apply to you. This warranty
gives you specific legal rights and you may also have other rights which vary
from state to state. Seller disclaims any indemnification for claims of infringement
of any intellectual property of protectable nature. In the event of any dispute
between Seller and Purchaser arising out of or relating to these terms and
conditions or to the goods sold generally, Purchaser must first file a written claim
with Seller within ten days of the occurrence giving rise to the claim and wait an
additional thirty days for a response before initiating any legal action. The sale
and all terms are subject to Nevada law. Any legal proceeding arising out of or
relating to these terms and conditions or to the goods sold Purchaser shall bring,
solely and exclusively in Clark County. In no event may Purchaser initiate any
legal proceeding more than six months after the occurrence of the event giving
rise to the dispute. Seller may make nonpayment claims until debt is paid in full.
Any dispute or claim relating in any way to these to the Terms and Conditions,
the Website, or any products or services sold or distributed by or through this
Website, store, or catalog will be resolved by binding arbitration, rather than in
court, except that you may assert claims in small claims court if your claims
qualify. The Federal Arbitration Act and federal arbitration law apply to the Terms
and Conditions. We each agree that any dispute resolution proceedings will be
conducted only on an individual basis and not in a class, consolidated or
representative action. If for any reason a claim proceeds in court rather than in
arbitration we each waive any right to a jury trial. Both parties agree to bring suit
in court to enjoin infringement or other misuse of intellectual property rights.
The above terms and conditions are the only ones governing this transaction and
Seller makes no oral representations of any kind. These Terms and Conditions
can only be modified in writing, signed by both Purchaser and Seller.
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SPECIFIC WARRANTY BELOW for SCRATCH & DENT/OPEN BOX/
REFURBISHED/FLOOR MODELS/ CLOSEOUTS, OVERSTOCK: TERMS
AND CONDITIONS OF SALE
Vinotemp (and its brands Element, Wine Mate, Cellar Tec, Apex Wine Racks,
Epicureanist Il Romanzo, Brama(“Seller”) and the person of the entity that
acquires these goods from Seller (“Purchaser”) hereby fully aggress to the
following terms and conditions of the sale:
1. Freight: Vinotemp is not a freight, moving or installation company, if Freight
is arranged for the Buyer, the Seller assumes no responsibility for the goods
sold to the Purchaser once the goods have left the Seller’s premises, including,
but not limited to, late delivery by the moving carrier, or for events caused by
any difficulty carrier incurs in attempting to fit the goods into the Purchaser’s
place of business or residence due to the size of the goods or otherwise, such
as the disassembly and reassembly of the goods. Purchaser assumes all
responsibility for delivery, payment of freight, extra fees, access,
measurement, installation, hook-up, moving and storage of the goods. The
transportation of all goods is subject to the terms and conditions which the
moving carrier imposes on Purchaser including, but not limited to, additional
charges imposed per flight of stairs, and/or additional charges resulting from
the carrier’s inability to safely and/or adequately use the building elevator to lift
the goods to an upper floor. Any claim for damages incurred during shipment
by the carrier of the goods are insured and handled directly with the carrier and
must be noted at time of delivery.
2. All sales are final, and unless authorized in writing by the Seller, Purchaser
is not entitled to return goods, under any circumstances. If Purchaser refuses
to accept goods, the Purchaser is liable for the return and cost of freight both
directions and a restocking/service fee that is 35% of the purchase price of the
goods. Purchaser must notify Seller of non-conforming goods within four days
of delivery, after which time all goods are deemed accepted.
3. If Purchaser tenders payment with a check that has insufficient funds (NSF),
or stops payment on a check or credit card for any reason, Purchaser agrees
to pay for all costs associated with the Seller’s connection or litigation of such
a claim, including without limitation extra damages, court costs, collection fees
and attorney’s fees. Finance charges begin the date of invoice. Collection fees
plus NSF fee of $50 will be added to your invoice, which you agree to promptly
pay. Title to the goods does not pass until payment is received in full by Seller
and Seller retains a security interest in the goods until they are paid for in full.
If the credit card dispute goes to arbitration, Buyer agrees to pay for credit card
arbitration fees.
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4. LIMITED WARRANTY on Non-New Units (Scratch & Dent/Refurbished and
Floor Models): warranty for compressor units is 90 days from your dated
invoice and 30 days for thermoelectric units (parts for function only, not
cosmetic defects). These units are refurbished and sold as is; Purchaser
assumes risks to the quality and performance of goods and assumes the costs
of all necessary service or repair not covered herein. Wine Accessories,
Racking Systems and other items not mentioned are not warranted. There is
no warranty on parts purchased separately. Removal and re-installation of unit
is not included in warranted labor. Purchaser’s exclusive remedy is limited, at
Seller’s option; to repair or replace defective part[s] with either new or factory
reconditioned part[s]. Purchaser is responsible for shipping the unit pre-paid to
designated facility and Seller will pay return shipping charges in the continental
United States for items repaired under warranty. Since the natural variation in
texture, density, grain, color, tone and shade of wood is unavoidable; Seller
does not guarantee the texture, color, tone or shade of the wood: nor does
seller guarantee the colorfastness of wood or against peeling, chipping,
cracking or scratching. Note: Unfinished wood is subject to warping; all wood
surfaces must be sealed before placing cellar into service. Improper placement
of the unit will void the warranty. By Vinotemp in writing, any 3rd party repair
facility must be pre-approved before providing parts free of charge.
5. Freight: If As-Is unit is shipped including freight and delivery is denied,
customer is responsible for freight to and from buyer. Other costs Buyer is
responsible for is storage, repackaging, and attempted delivery fees.
6. Vinotemp does not cover damage due to such things as accident, misuse,
abuse, mishandling, neglect, acts of God, fires, earthquakes, floods, high
winds, government, war, riot or labor trouble, strikes, lockouts, delay of carrier,
unauthorized repair, or any other cause beyond the control of the Seller,
whether similar or dissimilar to the foregoing. Seller is not responsible for any
damages caused to Purchaser's property resulting from the good. This limited
warranty applies only inside the Continental US. (Alaska, Puerto Rico and
Hawaii are not warranted.)
7. Purchaser understands and acknowledges that the goods sold here are
wine coolers, appliances, cigar humidors, and/or other similar units which may
house wine or cigars or other consumables. Purchaser assumes all risk of
using these units, including risk of spoilage, humidity variations, temperature
variations, leaks, fire, water damage, mold, mildew, dryness and similar perils
that might occur.
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8. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, SELLER IS
NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH
EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF;
WARRANTY AND LIABILITY ARE NON-TRANSFERABLE. THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
SELLER DISCLAIMS ANY INDEMNIFICATION FOR CLAIMS OF
INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OF PROTECTABLE
NATURE.
9. In the event of any dispute between Seller and Purchaser arising out of or
relating to these terms and conditions or to the goods sold generally, Purchaser
must first file a written claim with Seller within thirty days of the occurrence
giving arise to the claim and wait an additional thirty days for a response before
initiating any legal action. Any legal proceeding arising out of or relating to
these terms and conditions or to the goods sold generally shall be brought
solely in Clark County. The prevailing party in any such proceeding is entitled
to its attorney’s fees and costs. In no event may Purchaser initiate any legal
proceeding more than six months after the occurrence of the event giving rise
to the dispute.
10. Delivery is curbside. Upgrades in delivery will require an additional fee.
The above terms and conditions are the only ones governing this transaction
and Seller makes no oral representations of any kind. These Terms and
Conditions can only be modified in writing, signed by both Purchaser and
Seller. 09/30/2020
