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Terms Of Use

Acceptance of the Terms of Use
Welcome to our website.  These terms of use are entered into between you and Somnium Wine Company, LLC (“Somnium,” “us,” or “we”).  The following terms and conditions govern your access to and use of SomniumWine.com (the “Website”).  The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  If you continue to use this Website, you agree to comply with and be bound by the following terms and conditions, which, together with our privacy policy, govern your relationship with us in the context of this Website.  Accordingly, these Terms of Use are a contract between you and Somnium.  If you do not agree to these Terms of Use, you must not access or use this Website.

Your use of this Website is subject to the following terms:

Age Restrictions
Our Website is not intended for anyone under the age of 21.  By using this Website, you warrant to Somnium that you 21 years of age or older.  If you are not at least 21 years of age, you must not use this Website.

 

Disclaimer of Warranties
The content of the pages of this Website is for your general information and use only.  It is subject to change without notice.

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  ALL MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this Website is entirely at your own risk.  You are responsible for ensuring that any products, services, or information available through this Website meet your specific requirements.

Prohibited Uses
This Website contains materials that are owned by or licensed to us.  These materials include, but are not limited to, the design, layout, fonts, appearance, pictures, and graphics.  Reproduction of this Website in whole or in part is prohibited.

Unauthorized use of this Website may give rise to a claim for damages or be a criminal offense.  From time to time, this Website may also include links to other websites.  These links are provided for your convenience to provide further information.  They do not signify that we endorse the website(s).  We do not control the information on any linked website(s) and have no responsibility for the content of the linked website(s).

Trademarks
Somnium is the owner or licensee of the trademarks of the products listed on this Website.  Specifically, SOMNIUM is a registered trademark of Somnium Wine Company, LLC, and Somnium licenses from Danica Patrick Brands, LLC, the trademark DANICA and the bottle featuring a raised floral design and raised star, which is registered trade dress and is patented (Patent No.: US D977,338 S) (collectively, the “Intellectual Property”).

None of the Intellectual Property may be used except as authorized by us in writing.

Indemnity
You shall indemnify, defend, and hold Somnium and its shareholders, subsidiaries, affiliates, officers, directors, members, managers, and employees harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or your violation of these Terms and Conditions.

Terms of Sale

Legal Requirements
You must be 21 years of age or older to order or receive alcoholic beverages from Somnium Wine.  Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated).  Wines purchased from Somnium Wine are not for resale, and are for personal consumption only.

Credit Card Charges
Orders are accepted by credit card only.  We accept Visa, MasterCard, Discover, and American Express.

Minimum Purchase
No minimum purchase is required.

States Authorized for Direct Shipment
Due to the ever-changing nature of wine shipping laws, we may be able to ship wines directly or indirectly to all states with a direct-to-consumer license.  If Somnium Wine cannot ship directly to your state, we can arrange for the sale and shipment of our products through a third party.  Please note that in such a case, wine prices, discounts, and shipping costs may differ from those quoted by us.

Shipping and Returns

•     Shipping is provided by FedEx or other carriers that Somnium Wine Company selects based on delivery location.  We strongly recommend using a business address to ensure someone aged 21 or over can sign for the package on the first attempt.   Somnium is not responsible for, and no refunds or returns will be permitted, for damage caused to delays in shipping or delivery that have not been caused by Somnium Wine Company.

•     Further, wine is a perishable commodity that can be adversely affected by hot temperatures in the summer and cold winter weather.  Somnium Wine Company typically does not ship wines where we believe the weather is not suitable to ensure the integrity of the wine.  If you request shipping during any such period, we are not responsible for, and will not replace, wine damaged by extreme weather conditions during shipment, except to the extent caused by our error.

•     All orders placed by 10 AM Pacific will be processed the next day.  If you choose upgraded shipping after 10 am Pacific, we cannot guarantee it will be processed the next day.

•     Once an order is shipped and turned over to the carrier, except to the extent caused by an error by Somnium Wines, you have title to and are responsible for the wine.  Tracking numbers are automatically emailed once the package is scanned into the carrier’s system so that you can monitor your shipment. From this point forward, you shall be responsible for all costs and expenses related to the wine and shipment thereof, including, without limitation, any costs related to or resulting from delayed shipments, requests to hold packages, or requests to change delivery address. If you need to change the shipping address after a package has shipped, we will work with the carrier to make this change for you, but please note that you will be charged a $20 redirect fee.

•     Except to the extent caused by an error by Somnium Wine Company, if wine cannot be delivered to you and is returned to the warehouse, an automatic $50 return/restocking fee will be charged to the credit card on file, plus re-shipping charges.  If you choose not to reship the package, you will be refunded for the total cost of your order, less the shipping charges and return/restocking fee.

•     Once an order has been shipped, the order cannot be returned, canceled, or refunded for any reason unless there was an error on the part of Somnium Wine Company.  We do not provide refunds for orders that were processed and shipped in error (including errors due to improper quantities or shipping address) or orders that have been delayed for any reason (including shipping delays due to weather or customer-requested changes), other than where Somnium Wine Company caused such error.  

•     We reserve the right to hold all shipments due to weather.  If you want us to ship your order despite the potential for weather-related damage, you must do so in writing.

•     We will replace or refund you for any bottle of wine that is damaged or flawed.  Before doing so, we may request evidence of damage to the wine or require that you return the unfinished wine to us.

•     Instead of replacement, at your request, we will refund your credit card account for the cost of the wine, less shipping and handling, once we receive the wine and verify your concerns.  

•     We will replace any “corked” bottle with the current vintage.  If more than one bottle is corked, the entire package must be returned to the winery.

Governing Law
Your use of this Website and any dispute arising from your use of the Website are governed by the laws of the State of California.  This agreement is entered into and partly performable in the State of California.  Accordingly, you agree that you are subject to the jurisdiction of the federal and state courts located in San Francisco, California, and any legal proceeding arising out of or in connection with this agreement must be brought in those courts.  You waive any objection on the grounds of lack of jurisdiction, forum not convenient, or otherwise, to the exercise of such jurisdiction over you by any such court.