Terms of service
Last updated May 7th, 2024
These SMUSA Online Store Terms of Service (these “TOS”) are entered into between you and Santa Margherita USA, Inc. (“SMUSA”) and govern your access to and use of the SMUSA brands’ websites through which you may purchase any of SMUSA’s products (collectively, the “Online Store Sites”), including any content, functionality and services offered on or through the Online Store Sites, whether as a guest or a registered user.
These TOS apply to all persons who visit any of the Online Store Sites ("Visitors"), regardless of a Visitor’s purpose, use, or amount of use. In these TOS, "you" and "your" refer to each Visitor and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer collectively to SMUSA.
These TOS are incorporated into and made a part of the Terms & Conditions for SMUSA Sites (the “Terms & Conditions”). All capitalized but undefined terms in these TOS will have the meanings assigned to them in the Terms & Conditions. In the event of any conflict between these TOS and the Terms & Conditions, the provisions of these TOS will govern.
Accessibility of Our Online Store Sites
Online Store Sites and Services Intended for Persons Aged 21 or Older Only
We and the retailers who sell our products make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this Online Store Site, you represent to us that you are over the age of 21. Also, the retailers who sell our products work diligently to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using the Online Store Sites, you represent to us that the person placing an order, receiving a shipment or delivery of alcoholic beverages from us (where permitted) is over the age of 21. You also represent to us that any alcohol purchased from this Online Store Site is intended for personal consumption and not for resale.
Your Account
You may create a personal account to place an order using the Online Store Site. You have the ability to purchase on our site without creating an account; however, you will need to reenter your personal information each time you use our site in order to make a purchase.
If you create an account, you may be asked or required to provide your personally identifiable information, such as your name, address, phone number or email address (“Personal Information”). Please see our Privacy Policy for more information on how we protect your Personal Information.
If you create an online account, you agree to provide truthful, accurate and complete information about yourself as prompted by the online or mobile forms. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Online Store Sites and/or to suspend or terminate your account.
We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your account, including, but not limited to, your failure to receive critical information about SMUSA and/or the Online Store Sites.
Your selection and use of an account username and password, and any other information required for security access and authentication purposes, are subject to these TOS. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your account and for ensuring that access to and use of your account complies fully with these TOS. You acknowledge and agree that any use of your account through your username, password and security information shall be deemed to be your actions, which we may rely upon. You are responsible for protecting the confidentiality and security of your account.
Errors on Our Online Store Sites
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we (solely with respect to orders for merchandise products) and the retailers of our products have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. Retailers have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged.
Product Orders Using Our Sites
Please be informed that processing order payments and order fulfillment is conducted through a third-party retailer.
SMUSA does not engage in the sale, offer to sell, or solicitation of alcohol sales on any of its Sites, including this Online Store Site. SMUSA promotes its wines on its website and provides a service that allows you to search online for wines available for purchase by licensed alcohol retailers. You can learn about our wines, including their prices, on our Sites. The actual purchase of wine is made directly from the retailers of our products. If you decide to buy wine, the payment is made to the retailer, who then fulfills your order, including the delivery of the purchased wine. This setup is not intended to facilitate any improper inducements by manufacturers, importers, suppliers, wholesalers, or distributors of wine to retailers of alcoholic beverages or any exclusionary practices by alcoholic beverage licensees. The availability of this service may be limited or restricted in specific locations due to local laws or other regulations.
WHERE the wine can be shipped
Wine can be shipped to all states in the US, except for Alabama, Arkansas, Hawaii, Iowa, Louisiana, Maine, Michigan, Minnesota, Mississippi, Montana, Oklahoma, South Dakota, Utah, Vermont, West Virginia, and Wyoming. NOTE: ALL SHIPMENTS CONTAINING ALCOHOL REQUIRE AN ADULT (21 YEARS OR OLDER) SIGNATURE UPON DELIVERY!
Please plan accordingly by providing a shipping address and date when someone 21 years or older will be available to sign for the package and ensure you have a valid form of ID on hand.
Carriers will not leave packages containing alcohol unattended, even if you have a signature on file. If you cannot be at home during regular business hours, consider having it shipped to your workplace or choosing to have your shipment held at the nearest FedEx or UPS pick-up location.
Wine will not be delivered to a visibly intoxicated person.
SHIPPING TIMEFRAME & TRACKING:
Retailers aim to fulfill and ship all orders within 1-3 business days after the order is placed. Fulfillment time depends on the time of day and day of the week the order is placed. Customers will be notified of any product out-of-stock issues or potential delays due to weather.
You will receive an email notification with tracking information once your package is labeled and sent into the mail stream.
Orders are shipped from fulfillment centers in CT, NY, NJ, MA, DC, IL, FL, and CA and generally take 1-7 days for delivery when shipped ground. Orders to Oklahoma and Texas may take slightly longer due to the use of local carriers in those states.
If it has been over three business days and you haven't received a tracking email, don't hesitate to contact orderstorresella@bevstack.com for assistance.
We recommend that customers on the West Coast place orders early in the week to reduce the likelihood of orders sitting in a shipping warehouse over the weekend.
SHIPPING CARRIERS
Designated retailers hold no liability for wine damaged due to poor weather during transport or delayed delivery. Please check weather conditions before ordering and ensure someone will be available to receive the wine upon delivery. The most common cause of damaged wine is multiple delivery attempts. Monitor your package tracking to ensure on-time delivery.
Customer Service and Return Policy
WINE PRODUCTS
If you are dissatisfied with your wine product order, contact ordertorresella@bevstack.com to explain why. All customer service issues will be addressed within 24 hours.
Designated retailers will accept returns or send replacements for orders meeting one or more of the following conditions:
Wine is flawed; Return the remaining flawed product(s) for testing, including any open bottles.
The wrong wine was sent: Ship back the incorrect items, and the correct items will be replaced upon receipt.
Bottles arrive broken, leaking, or otherwise damaged beyond drinkability. The replacement will be shipped upon confirmation of damage.
PLEASE NOTE: If bottles arrive visibly damaged, contact customer service within three days of shipment arrival to explain the issue.
Retailers will not accept returns for wine product orders meeting the following conditions:
Damage or delays caused by failed delivery attempts through no fault of the shipper.
Disliking the wine.
Receiving the wine as a gift.
Buying too much wine.
If you need to return a bottle, keep the items as close to the condition you received them as possible, including opened bottles. This helps the retailers to evaluate potential flaws in the wine or packaging.
If you are asked to return items, you will be provided with a shipping label with an address so you can ship the wine back free of charge.
Upon receiving a returned flawed, damaged, or incorrect bottle of wine, a replacement bottle free of charge will be sent or a credit will be placed in your account in the amount of the returned wine.
Qualified returns for wine products are accepted within 60 days of delivery. After that point, returns cannot be accepted because proper wine storage cannot be verified.
All customer service issues are individually evaluated and retailers reserve the right to accept or deny any request deemed an exception to the outlined standards.
Merchandise Products
All merchandise products are final sale. No returns or exchanges for any merchandise products.
THE SALE OF ALCOHOLIC BEVERAGES
All orders are fulfilled by licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor Torresella Wines sell alcohol to persons under the age of 21. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and YOU ARE PURCHASING SOLELY FOR (i) SELF CONSUMPTION OR (ii) GIFTING TO A PERSON IN THE U.S. WHO IS AT LEAST 21 YEARS OLD. YOU ALSO AFFIRM THAT THE STATE IN WHICH YOU ARE ORDERING AND THE STATE TO WHICH YOU ARE ASKING US TO DELIVER PERMIT THE SALE AND DELIVERY.
We will rely upon the foregoing representations, and if we are held liable in the event that your representations are not true, and in such case, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.
All orders placed on the https://www.torresellawines.com/ site are subject to acceptance and shipment by a licensed liquor retail store in our network, and no order is deemed to be accepted by such licensed liquor store until the order is shipped by the retailer. Pursuant to applicable laws and regulations, the liquor store may refuse to accept or fulfill your order for any reason, including, among others, the occurrence of a technological mistake or “glitch” in the transmission of pricing to the customer over the https://www.torresellawines.com/ site. Therefore, no contractual or other obligation to sell and ship the bottle(s) ordered via the https://www.torresellawines.com/ platform attaches or is final or binding on the licensed retailer unless and until a licensed retailer accepts and ships the order to the you (or the intended recipient, even if your credit or debit card is authorized or actually charged at the time of order placement or thereafter; in the event of that situation, the customer’s credit or debit card shall be credited back in full.
By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from the licensed retailer is at least 21 years old. You also agree that you are not permitted to resell alcohol purchased. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use this site.
The sale of these alcoholic beverages will be shown in your bank statement as “BEVSTACK-WINE/LIQR”.
