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.
Buyer certifies, warrants, and represents that Buyer is of legal age to purchase alcohol in both the state of residence of the Buyer, the state of Washington, and the state to which the Products will be delivered.
Risk of Loss
All items purchased from Seller are made pursuant to a shipment contract with third parties. This means that the risk of loss and title for such items pass to the Buyer upon our delivery to the third-party carrier.
Seller attempts 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.
Due to individual state laws, we currently cannot ship to UT, ND, SD, DE, MS, KY, HI, AK or RI. The Seller makes no representation to the legal rights of anyone to ship or receive alcohol into any state. The buyer is solely responsible for shipment of alcoholic beverage products. By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to you.
Shipping Methods and Cost
Unless otherwise specified, common carriers will be GSO/GLS, UPS or FedEx to ship wine or 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 Flat Rate Shipping ($15 WA & OR, $20 other states) on 1, 2 and 3 bottle gifts when ground shipping is available (*ground shipping not offered in hot states during summer months or heat spikes). Discounted 1-2 day air rates also available. Rates, including free shipping, apply per shipping address and per gift pack. Multiple packs to the same address will EACH require a flat rate shipping purchase, unless other arrangements are made through our bulk order request form.
Following a purchase, we estimate 1-3 business day handling time before shipping. Ground shipping is estimated at 1-2 business day to WA, 1-3 business days OR and CA, 3-6 business days remaining states.
Please note: on occasion, extreme warm or cold weather temperatures will delay shipping of the gift, as it is important we preserve the integrity of the wine. You will be notified if this occurs, along with the ability to cancel or modify your order.
Actual shipment times may vary due to quantities ordered, extreme weather, and other factors. Orders with multiple items may be consolidated and shipped together.
Once a package has been shipped, any changes in address or corrections of incorrect addresses (from that provided by the Buyer during the time of order) will incur a $20 fee to be paid by invoice by the Buyer. The only exception to this is if the address was incorrectly listed by the Seller.
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.
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 relies upon third-party shippers and couriers and makes no guarantees regarding the timeliness or condition of the Products at delivery.
Acceptance of returns/ returned Products are entirely within the sole discretion of the Seller. To help guide the decision whether a return will be accepted, the Seller has developed a Return Policy Guidelines which are detailed below:
- Returns will not be accepted or honored fifteen (15) days after delivery.
- Returns will not be accepted or honored based on the tastes or preferences of the Recipient or Buyer. Seller attempts to account for and accommodate the tastes and preferences of the Buyer and/or the Recipient, but makes no guarantees that Buyer or Recipient will enjoy the Products.
- Buyer will pay for the costs for shipping any return to the Seller.
- If Seller accepts the return, then Seller will be the shipping fees and costs to re-deliver Products to either Buyer or Recipient.
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.
If Buyer supplies any photographs, images, pictures, icons, recordings, videos, trademarks, tradenames, logos, copyrights, or any other form of intellectual property to the Seller to incorporate within Product, then Buyer represents, warrants, covenants, and acknowledges that Buyer has both the authority and right to use all any all intellectual property supplied to Seller to incorporate within Product. Further, Buyer represents, warrants, covenants, and acknowledges that Seller is authorized and released without condition to use any and all provided intellectual property supplied by Buyer in Product.
Buyer agrees to indemnify, defend and hold Seller harmless from and against any and all claims, tort, loss or damage of any kind emanating or relating to the use of any and all intellectual property supplied by Buyer, 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 intellectual property supplied by the Buyer to the Seller.
You may contact Chipmonkey Wine at email@example.com for all inquires. Please allow up to 1 week for a response.
Limitation of Remedy and Liability
Both the Recipient’s and the Buyers’ sole and exclusive remedy against the Seller for any claim, tort, breach of contract, breach of warranty shall be limited to the amount that Buyer paid for Products, not inclusive of shipping fees and taxes.
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, infringement, negligence strict liability, or otherwise.
In the event that Seller's liability to Buyer or Recipient, exceeds the price paid by Buyer for the specific products provided by Seller giving rise to the claim or cause of action, Buyer and Recipient agrees that in no event shall Seller's liability 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, loss of reputation, goodwill, or interest.
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. In furnishing any technical advice, Seller offers no warranties about or related to any of the Products and 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 acknowledges that Seller makes no warranties, whether express, implied, contractual or statutory with respect to the Products. Seller disclaims all implied warranties of merchantability and fitness for a particular purpose with respect to the Products All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded from this Agreement.
Choice of Law and Venue
Both of the Agreement for the Purchase and Sale of Products and the Terms and Conditions herein shall be construed and interpreted both as both as to validity and performance of the Buyer and Seller with the law of the State of Washington concerning any dispute, claim, or matter arising out of or in relation to the Agreement for the Purchase and Sale of Products and the Terms and Conditions herein shall be instituted in the Superior Court of King County in the State of Washington or any other appropriate court in such county. Both the Buyer and Seller covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
If either the Buyer or the Seller is required to initiate or defend or made a party to any action or proceeding in any way connected with the Agreement for the Purchase and Sale of Products or the Terms and Conditions herein, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
Buyer agrees to indemnify, defend and hold Seller harmless from and against any and all claims, tort, 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.