Terms and Conditions
Chipmonkey Wine (Chipmonkey, LLC) is herein referred to as the Seller and the customer or person or entity purchasing goods and/or services (“Products”) from Seller is referred to as the “Buyer.” These Terms and Conditions, any price list or schedule, quotation, acknowledgment or invoice from Seller relevant to the sale of the Products and all documents incorporated by specific reference herein or therein, constitute the complete and exclusive statement of the terms of the agreement (the “Agreement”) governing the sale of Products by Seller to Buyer. Seller reserves the right in its sole discretion to refuse orders.
Payment Terms and Conditions
Payments made and accepted through Shopify Payments will appear on your credit card statement from: SP*CHIPMONKEYWINE and will include all relevant local and state sales tax for the address in which the gift will be shipped, as directed by law.
Risk of Loss
All items purchased from Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the Buyer upon our delivery to the carrier.
Seller attempt to be as accurate as possible. However, Seller does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
All prices are exclusive of taxes and shipping, which are to be paid by the Buyer (unless otherwise indicated during free shipping promotions). Please notify us of any errors in pricing and we will give it our full and immediate attention.
We are currently ship wine only to Washington and Oregon. Please check back often, as we add more states to our service area.
Shipping Methods and Cost
Unless otherwise specified, Seller will utilize GSO/GLS, UPS or FedEx to ship wine gifts. Please note, by law, all wine gifts must be signed by someone 21 years of age or older. There are no exceptions to this rule.
Unless specified otherwise, or otherwise selected by the Buyer at checkout, all items from Chipmonkey Wine will ship for a $15 flat rate for ONE of the following: 1, 2, 3, and 6 bottle gifts. Rates, including free shipping, apply per shipping address and per gift pack. Multiple packs to the same address will EACH require a $15 flat rate shipping purchase, unless other arrangements are made through our bulk order request form. Buyers may select use of UPS ground or next day services for shipping at cost.
All wine gifts will require 1-3 business days for handling prior to shipping. If $15 flat rate shipping is chosen at checkout, packages will arrive to WA or OR within 1-2 business day following package receipt with the carrier. Expected shipment times are expressed in business days. These handling and shipment times may vary due to quantities ordered, seasonality, and other factors.
Shipments are made from the Seller’s shipping point. Risk of loss or damage and responsibility shall pass from Seller to Buyer upon delivery to and receipt by carrier. Any claims for shortages or damages suffered in transit are the responsibility of Buyer and shall be submitted by Buyer directly to the carrier. Shortages or damages must be acknowledged and signed for at the time of delivery. While Seller will use all reasonable commercial efforts to maintain the delivery date(s) acknowledged or quoted by Seller, all shipping dates are approximate and not guaranteed, and Seller shall have no liability for late deliveries. Seller reserves the right to make partial shipments. Seller, at its option, shall not be bound to tender delivery of any Products for which Buyer has not provided shipping instructions. If the shipment of the Products is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse Seller for any and all storage costs and other additional expenses resulting therefrom.
Acceptance of Products
Buyer's Third Party Gift Recipient shall promptly inspect the Product upon receipt. Buyer shall be deemed to have accepted the Product unless Buyer notifies Seller in writing within 5 days of delivery of any non-conformance of the Product. Seller shall have the right to repair or replace, at its option, the non-conforming Product within a reasonable time without being in breach of these terms and conditions and without incurring any liability.
You may contact Chipmonkey Wine at firstname.lastname@example.org for all inquires. Please allow up to 1 week for a response.
Limitation of Remedy and Liability
The sole and exclusive remedy for breach of any warranty thereunder shall be limited to the refund or replacement, when possible. Seller shall not be liable for damages caused by delay in performance and in no event, regardless of the form of the claim or cause of action (whether based in contract, infrigement, negligence strict liability, or otherwise). Shall Seller's liability to Buyer or ultimate recipient, exceed the price paid by Buyer for the specific products provided by Seller giving rise to the claim or cause of action, Buyer agrees that in no event shall Seller's liabilty to Buyer or Recipient extend to include incidental, consequential or punitive damages. The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment. It is expressly understood that any technical advice furnished by Seller with respect to the use of the Products is given without charge, and Seller assumes no obligation or liability for the advice given, or results obtained, all such advice being given and accepted at Buyer’s risk.
Excuse of Performance
Seller shall not be liable for delays in performance or for non-performance due to acts of God, war, riot, fire labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or action or other unforeseen circumstances or causes beyond Seller’s reasonable control.
Buyer agrees to indemnify, defend and hold Seller harmless from and against any and all claims, loss or damage of any kind whatsoever, including consequential damages, and damages from tort, negligence, strict liability, breach of warranty, breach of contract or other legal theory, along with costs including reasonable attorneys’ fees connected therewith, brought by or on behalf of any person or entity arising out of or relating in any manner to the Products which are the subject hereof. Buyer’s agreement to indemnify, defend and hold Seller harmless is based upon the express understanding that said obligations apply whether such injury or damage is due, or alleged to be due, in whole or in part to the negligence or other liability producing conduct on the part of the Seller.