Welcome to onprimeur.com the website (‘Site”) for Primeur. The terms “Primeur”, “Company”, “we”, or “us” refer to the owner of this website, Primeur, Inc. The terms “you”, “your” or the “Customer” refer to the user or viewer of the website.
PLEASE NOTE THAT YOUR USE OF THE PRIMEUR SITE IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE ("TERMS"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY PRIMEUR FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE PRIMEUR SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
User Obligations
You agree not to do any of the following while using the Primeur Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the Primeur Site or Primeur's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the Primeur Site except as permitted in writing by Primeur.
Terms and Conditions of Sale
Buyer Must be 21 to Purchase Alcohol
Primeur does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Primeur makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Primeur is over the age of 21. You also agree that any alcohol purchased from Primeur is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Primeur will prosecute you fully to the extent allowable by law.
Payment
Primeur accepts online payment by Visa, MasterCard and AMEX. By placing an order on the Site, you warrant that: (i) all payment information provided by you is truthful and accurate, (ii) the credit card account you use to pay for your order has sufficient funds to cover the full transaction amount of your order, and is active and has not expired or been canceled; and (iii) you are the holder (or an authorized user) of the credit card you use to pay for your order, and you authorize the full transaction amount of your order to be charged to your designated card.
All payment processing for purchases made on the Site is handled through our e-commerce service vendors Squarespace, Stripe and Square. If you pay by credit card, a vendor may perform a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. If the issuer of your payment card refuses to or does not authorize payment for any reason, you will be notified of this immediately during checkout. Your card also may be declined if (i) the billing information given does not match the bank records, (ii) your card has expired or has been cancelled by the issuing bank, or (iii) a potential fraud or security issue is detected on your card.
Upon successful checkout, your credit card will be charged the full transaction amount. “Successful checkout” means the occurrence of all the following: (i) you confirm and submit your order, (ii) we accept your order; (iii) our vendor successfully completes a pre-authorization check; and (iv) your card’s issuing bank has not declined the transaction for any reason.
Shipping Charges
Unless otherwise agreed, the prices of our wines do not include charges for shipping, the cost of which varies depending on what delivery options buyer selects and may include destination, number of bottles ordered and expedited shipping and insurance protections. The appropriate shipping charges will appear in the shopping cart during checkout.
It is the purchaser’s responsibility to provide a current, shippable, physical delivery address. In the event a shipment cannot be delivered due to an incorrect address provided by the purchaser, or after three delivery attempts by the carrier, seller reserves the right to charge purchaser the applicable carrier fee for rerouting to an alternative address or re-shipping to the same address. Seller is unable to assist in arranging for shipment to P.O. Boxes, military APOs/FPOs/DPOs/MPOs or international addresses.
If purchaser’s shipment is returned to our facility, we will not re-ship until the purchaser has provided additional shipment instruction such as an alternative deliverable address.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Primeur Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Primeur. Primeur neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Primeur Site by anyone other than authorized Primeur employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, Primeur hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Primeur does not sponsor or endorse any of these companies or their services.
Links
The Primeur Site may contain links to other web sites or resources. You acknowledge and agree that Primeur is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Primeur Site does not imply that Primeur endorses the linked site.
Protection of Content Provided by Primeur and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the Primeur Site ("Site Content") are copyrighted materials owned by or licensed to Primeur. The Site Content may contain trademarks, service marks and trade names which are owned by Primeur and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Primeur, its affiliates, or third parties. "Primeur" is a trademark of Primeur. Unless authorized in writing by an officer of Primeur, Primeur's trademarks may not be used in connection with any product or service that is not Primeur's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Primeur. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Primeur or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Primeur Site. Nothing contained in the Primeur Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Primeur, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Primeur, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
Primeur respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Primeur's Designated Agent the following information:
Primeur's Policy Concerning Claims of Infringement
Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to Primeur's designated agent as specified below. Please include the following information:A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices
PRIMEUR will give you any necessary notices by posting them on the Primeur Site. You authorize PRIMEUR to send notices via electronic mail as well if PRIMEUR decides, in its sole discretion, to do so. You agree to check the Primeur Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Primeur Site.
Disclaimer of Warranties
ALTHOUGH PRIMEUR ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE PRIMEUR SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE PRIMEUR SITE. PRIMEUR DOES NOT WARRANT THAT YOUR USE OF THE PRIMEUR SITE, OR THE OPERATION OR FUNCTION OF THE PRIMEUR SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE PRIMEUR SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. PRIMEUR AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE PRIMEUR SITE. THE PRIMEUR SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL PRIMEUR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRIMEUR SITE, THE USE OR PERFORMANCE OF THE PRIMEUR SITE, THE DELAY OR INABILITY TO USE THE PRIMEUR SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRIMEUR SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PRIMEUR SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRIMEUR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRIMEUR SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRIMEUR SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS PRIMEUR'S LIABILITY OR YOUR REMEDIES.
Privacy Policy
Your use of the Primeur Site is governed by the Privacy Policy.
Termination of your Primeur Account
Primeur may terminate your Primeur Account with or without cause at any time effective immediately.
No Responsibility to Sell Mispriced Products or Services
While Primeur makes reasonable efforts to ensure all information on the website is accurate, mistakes may happen. Primeur shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Primeur shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Primeur shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms
PRIMEUR RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Force Majeure
Primeur shall be excused from performance under this Terms of Service if Primeur is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Primeur.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from Primeur, Limitation of Liability, Indemnity and General Provisions.
Electronic Communications
Visiting our Site or sending us emails constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via Email and on the Site, satisfy any legal requirement that such communications be in writing.
Indemnification
You agree to indemnify, defend and hold harmless Primeur, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating ot or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Primeur reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Primeur in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Primeur agree otherwise, the arbitrator may not consolidation more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
GENERAL PROVISIONS
You agree that Primeur and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Primeur Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Primeur to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Primeur in writing. The Terms of Service, along with the Privacy Policy, comprises the entire agreement between you and Primeur and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Primeur. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Primeur shall be null and void. These Terms of Service will inure to the benefit of Primeur's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
APPLICABLE LAW
By using any Primeur Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Primeur.
California Proposition 65
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk and during pregnancy, can cause birth defects. For more information go to https://www.P65Warnings.ca.gov/alcohol.
WARNING: Many food and beverage cans have linings containing bisphenol A (BPA) a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages in these containers. For more information go to https://www.P65Warnings.ca.gov/alcohol.
Accessibility
Primeur is committed to ensuring that persons with disabilities have access to our goods and services, including those offered through our website, www.Primeurwine.com. As such, we strive to adhere to the Web Content Accessibility Guidelines 2.0 and 2.1 Levels A and AA, a set of guidelines developed by the World Wide Web Consortium and used to ensure that digital content is accessible to everyone. Primeur is always learning and looking for ways to improve accessibility.
Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.