Terms

 

BigHammerWines.com Terms & Conditions

By placing an order on our Site, you are accepting the following terms and conditions of sale and use of our Site.  (In these Terms & Conditions, Big Hammer Wines, together with its parents, affiliates, trademarks and brands, including Martellotto Inc., are collectively referred to as "Big Hammer Wines", "we", "us" and the "Company"). You may use this Site and purchase wines only if you are at least 21 years of age. If you have any questions, please feel free to email us.

General Terms

Although we endeavor to keep our online inventory and pricing up to date, we reserve the right to modify the terms, prices, conditions and notices of our offers through this Site without notice, and inventory may be limited to on-hand inventory at the time of the order. We reserve the right to correct any errors. Your continued use of the Site after any such changes constitutes your agreement to such changes. The posting of prices and other terms of sale shall not constitute a binding order to sell product on such terms.

All prices advertised on our online catalog are reflective of per bottle pricing, unless specified otherwise. In some instances, a special case price may be advertised for a limited time only. We are not responsible for typographical errors regarding special promotional codes, and all prices are subject to confirmation upon acceptance of order.

California law does not allow for free goods in conjunction with the sale of alcohol beverages. If your purchase involves a free good, the cost of all advertised items in that offer are included in the advertised price. The invoice in your shipment will itemize the cost of each item included in your shipment.

Big Hammer Wines will not ship/deliver any order which has not been completely paid in full. All payments can me made using the following methods: credit card, wire transfer, Paypal or as specified on our purchase order page. By providing all necessary payment information when ordering, consumers authorize Big Hammer Wines to use the information and apply all charges required for the completion of the order. These required charges can include: all products ordered online, packing boxes, delivery fees, and all shipping & handling freight charges.

Tracking Orders

All orders that are placed online at Big Hammer Wines can be tracked and viewed by the appropriate consumer. Our staff will be extremely efficient in making sure all orders are shipped in a timely manner with the utmost care. Tracking numbers for all packages will be provided generally by email and customers can carefully follow their package(s) on the FedEx or courier's website.

When customers register for Big Hammer Wines online, it enables them to view all activity under their account from that moment forward. This feature makes it extremely effortless for consumers to keep track of all products they have purchased, and provides the ability to see the current status of each pending order. The Big Hammer Wines online store contains cookies, in order to identify each user and store data on the user’s hard drive which contains information about the consumer. This helps both parties when it comes to promotional emails and online orders because it makes the system in a way remember who you are.

All information you provide will be used to make sure orders are shipped to the individuals that are placing them. If for any reason we encounter any difficulties with the information you provide, we may use the information to contact the appropriate party and get any issues resolved. The information can also be used in a variety of ways that are extremely beneficial for our consumers, these may include, among other things:

  • To show order history and status of shipment
  • Order confirmation and tracking shipment
  • Special member and club offerings
  • Informing customers about newly released and rated products
  • Subscription service
  • Credit card or payment information is used to bill products that are ordered at our website
  • Customers will be placed on our mailing list.

More information about these matters are described in our "Privacy Policy" section, which is incorporated herein.  

You Must be 21 Years Old; Age Requirement

We sell and deliver only to persons who are at least 21 years of age. BY PLACING YOUR ORDER YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 21 YEARS OLD AND THE PERSON TO WHOM DELIVERY WILL BE MADE IS AT LEAST 21 YEARS OLD AND CAN ACCEPT DELIVERY OF ALCOHOLIC BEVERAGES. If you are over 21, of sound mind, and enjoy fine wine, feel free to order from us.

When your wine is delivered, the person receiving delivery will be required to show identification proving that he or she is at least 21 years old. If for some reason, a positively identified adult over 21 is not available, you will be responsible for any return shipping charge. We use third party couriers to deliver to our customers. Although we do our best to manage shipments and their timely delivery, we cannot be responsible for their service or delivery schedule. If you have special delivery requirements or require delivery by a specific date, please email us prior to ordering.  

We recommend shipping to a business address whenever possible. If the shipment is returned to us for an improper or incomplete address we will have to re-charge you also for re-shipment, so please make sure the address is complete including name, business name, if any, department or mail stop, if any, and suite number if going to a business complex.

We cannot ship wine to P.O. boxes or to APO or FPO box addresses. We do ship to Mail Boxes Etc./The UPS Store type stores where you may have a designated box. If you change your order after it is prepared for shipping, we reserve the right to charge for additional handling and packaging materials. We reserve the right to request or require additional information in the event your credit card authorization address is different from your shipping address.

If any person under 21 years of age fraudulently orders and has wine shipped to them, the shipper generally will not release the wine to a person under 21 years of age, and will return the wine to us, and you will be charged for the costs of shipping and of return shipping. Parents or legal guardians will be held responsible for actions of their minor children. If necessary, legal action will be taken against any and all parties attempting "wire fraud." BY ORDERING YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BIG HAMMER WINES FOR ANY RESULTING CONSEQUENCE OF A FRAUDULENT ORDER OR ANY MISREPRESENTATION AS TO THE AGE OR LEGAL ABILITY OF ANY INTENDED OR ACTUAL RECIPIENT TO RECEIVE SHIPMENT OF ALCOHOLIC BEVERAGES.

Purchase Terms

Title to the wine you order passes to you as soon as it leaves our doors; it is up to you to know the relevant laws in your state.  All wine is sold in California, and title passes to you as the buyer at our address in San Diego, California. We make no representation to the legal rights and ability of anyone to ship or import wines into any state outside of California or any country outside the USA. Each customer, by placing an order, warrants to us that he/she is aware of and in compliance with the laws governing said shipment into his/her area.

For“pre-arrival” or “futures” purchases, availability dates are estimates only. If we for any reason, are unable to fulfill those obligations to the buyer, our sole obligation and the Buyer’s sole recourse shall be a refund of the purchase price.

All purchases of taxable goods shipped to California addresses will be subject to California sales tax.

Big Hammer Wines sells quality products and service. Your satisfaction is our first priority. If for any reason you are dissatisfied with your order, please contact us within 14 days of the date of your order for customer care assistance. For fastest results, contact us by emailing sales@bighammerwines.com. As is tradition in the wine trade, all bottles are purchased at the buyer's risk. Big Hammer Wines cannot be responsible for "corked" bottles. Big Hammer Wines makes no warranty, expressed or implied, about the wine being sold except that Big Hammer Wines is conveying clear title to such wine and we made commercially reasonable efforts to verify provenance.  Specifically, because wine by its nature is subject to change in the bottle over time, Big Hammer Wines makes no warranty or guaranty of the quality or drinkability of any wine or bottles sold. THE WARRANTIES SPECIFIED IN THIS CONTRACT ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If you're not happy with a purchase, please contact us so we can try to work out an agreeable resolution.

Shipping  

As is standard in the industry, prices of wines on our Site do not include shipping charges.  Shipping charges are automatically calculated at the time your order is placed based on the information you give, and may vary based on destination, weight of order, speed of delivery and other factors.

Please see our “Shipping” page which discusses the particulars of shipping items. 

Although we endeavor to provide you with the finest service, we cannot be responsible for weather conditions or damage due to heat or cold, and so we assume no liability and cannot be responsible for damage to wine (including, among other things, leakage or damaged corks) shipped during extreme or poor weather conditions. Please connect with us before ordering if this is a concern.

Shipping During Extreme or Poor Weather

We sell fine wines.  Some wines by their nature are susceptible to extreme cold and heat.  When buying our fine wines, if you are concerned about weather affecting your order, please contact us before your order at sales@bighammerwines.com. 

We cannot control which method of shipping that you choose for shipment of your wines.  Because we cannot control how you choose to ship your wines, we assume no liability and cannot be responsible for damage to wine (including, among other things, leakage or damaged corks) shipped during extreme or poor weather conditions.   IF YOU EXPECT THE TEMPERATURE TO BE EXTREME OR POOR, PLEASE CONTACT US PRIOR TO PLACING YOUR SHIPPING ORDER.  We cannot monitor how you choose to ship your wine.  IF YOU REQUEST WINE TO BE SHIPPED DURING PERIODS OF EXTREME OR POOR WEATHER, YOU SPECIFICALLY EXEMPT BIG HAMMER WINES FROM ANY DAMAGES TO THE WINES DURING SHIPMENT. 

If you are ordering some of our limited edition wines, or some of our fine or rare wines, we strongly advise, among other things, that you do not order using “ground” shipping, unless the temperature outside is a temperature that is certain to be mild, “temperate” and consistent. 

Our wines are shipped with certain insurance (as described below), and we are not responsible for wine damaged by a shipper or inappropriate storage/handling on the part of the shipper. If you are ordering shipping for international orders, your shipping arrangements may be quoted by email.  

Return Policy

Your satisfaction is our first priority. If for any reason you are dissatisfied with your order, please contact us within 14 days of the date of your order for customer care assistance. For fastest results, contact us by emailing sales@bighammerwines.com. In the event that you have to return merchandise, re-pack the item in its original shipped packing to ensure safe return. All requests for returns or cancellations must be made within 14 days of the sales order date. Due to processing fees, such as credit card merchant fees charged by your credit card company, and handling, all returns or cancellations are subject to a restocking / cancellation fee (10% of the sales order value) when payment is complete.

We charge your credit card when your order is reserved for you. If we haven't charged your credit card, or collected payment, you may cancel the order without being subject to a restocking fee. If we have already charged your card or collected payment, the cancelled processed order for all items: in-stock, and any pre-arrivals, are subject to the 10% restocking / cancellation fee. The prices for wine can fluctuate greatly from day to day, because of this we do not accept returns for wines based on price changes within the marketplace.

Eligibility of a refund is governed by these Terms & Conditions.  We will process an eligible refund as soon as practicable upon return delivery.  We reserve the right, for whatever reason, to refuse to cancel an order or to accept a return. If you have any further questions please contact us by emailing sales@bighammerwines.com.

Insurance

We pride ourselves on properly storing and protecting our wines. For this reason, your order is automatically insured up to $100.  Please note that weather damage is customarily NOT covered by this insurance, and as described above, we will not be responsible nor will we replace bottles damaged by weather. If you’d like to add additional insurance, please email us prior to ordering.

If you receive an item that has been broken during shipping you must contact us immediately. It is standard policy for all shipping companies that you must save all packaging and the broken items for inspection by the insurance adjuster. Without the broken items and original packaging, there is no way to file a claim. If you do not save the items and packaging, we cannot accept returns or file a claim on your behalf.

Disclaimer of Warranty/Limitation of Liability

THIS SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND "AS AVAILABLE" BASIS. THE COMPANY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR APPEARING ON THIS SITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OR CONDITIONS OF WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

 THE COMPANY WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED BELOW AND SHALL SURVIVE IN THE EVENT THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) IN CONNECTION WITH THIS SITE AND THE WINES PURCHASED BY YOU EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR USING THIS OR ANY OTHER COMPANY SITE.

Applicable Law and Venue

These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law arising out of or relating to these terms and conditions can be filed only in state or federal court located in San Diego, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

IP, Trademark and Copyright

All content, including without limitation graphics, logos, text, images and other features, appearing on the Site, are the copyrights, trademarks and other intellectual property owned, controlled or licensed by the Company or third parties. This content is protected by copyright separately and as a collective work or compilation under U.S. and international copyright law and is the property of the Company, its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be.  The graphics, logo and image, and related features, of BHW Big Hammer Wines is a registered trademark of Martellotto, Inc.

As the user of this Site you may not copy, distribute, transmit, reproduce, publish, create derivative works or in any way use any of the content on the this Site without the prior written permission of Big Hammer Wines. This prohibition includes without limitation the publication of any part of this content on any other website, selling or offering it for sale, or using it to create any kind of database. Any requests for permission to use content on this Site should be directed to sales@bighammerwines.com.

Links

This Site contains links to other websites. Big Hammer Wines is not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

Confirm Credit Card Information

Our credit card company verifies your address. Please make sure you have entered your correct shipping and billing addresses. We cannot be responsible for user error or data entry mistakes by our customers. If a billing address or shipping address is incomplete, we will contact you.  For this reason, it’s important to include your contact information.

Thank you for shopping at BIGHAMMERWINES.COM!