Terms of Sale
YOU MUST BE AT LEAST 21 YEARS OLD TO VISIT THIS WEBSITE. IF YOU ARE NOT, YOU MUST LEAVE IMMEDIATELY AND NOT ATTEMPT TO PURCHASE ANY PRODUCTS FROM THIS WEBSITE. WE DO NOT SELL ALCOHOL TO PERSONS UNDER 21 AND BY CONTINUING TO BROWSE THIS WEBSITE YOU CONFIRM THAT YOU ARE 21 OR OLDER. YOU ALSO CONFIRM THAT YOUR ACCESS TO THE WEBSITE IS LEGAL IN THE JURISDICTION FROM WHERE YOU ARE ACCESSING THIS WEBSITE.
These terms of use (“Terms”) apply to your access to and use of this Website from Ultima Pietra LLC and Az. Agr. Poggio Pieri di Margaret Stone Bowen (“Ultima Pietra”, “we”, or “us”).
Please read these Terms carefully. By clicking “Accept”, “I agree”, or a similar button on the Website you will indicate your acceptance of these Terms. You may also accept these Terms: (1) by continuing to use the Website; or (2) by creating an account on the Website.
If you do not agree with these Terms, please do not proceed with, and promptly discontinue, your use of the Website.
IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 13 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND ULTIMA PIETRA ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note THAT the warranty disclaimers and limitations on ULTIMA PIETRA’s liability ARE explained in Section 8.
1. General Provisions.
1.1 Definitions. The following definitions apply to these Terms:
(a) “Products” mean the premium wine products that may be ordered and purchased on the Website.
(b) “Website” means the website located at https://ultimapietra.com/ (including any corresponding mobile rendering) or any alternate website address used by Ultima Pietra to offer Products.
(c) “You” (capitalized or uncapitalized) means (i) a visitor to the Website, or (ii) a buyer of Products offered through the Website.
1.2 Updates to these Terms. Ultima Pietra may update these Terms at any time without any prior notice to you. Ultima Pietra may notify you of the updated Terms by any reasonable means, including by posting the revised Terms at https://www.ultimapietra.com/terms-conditions. Such updated Terms will apply to your use of the Website after the date on which Ultima Pietra has posted the updated Terms or otherwise notified you of such changes. By continuing to use or access the Website or by purchasing any Products after Ultima Pietra posts or otherwise notifies you of any change, you accept such updated Terms. The “Last Updated” legend at the end of these Terms indicates the date on which these Terms were last updated.
1.3 Promotional Terms. We may, from time to time, offer certain promotional activities or benefits, such as wine club membership benefits, wine education services, or contests, in accordance with different or additional terms (such terms, the “Promotional Terms”). For the duration of such promotion, if these Terms are inconsistent with Promotional Terms, the Promotional Terms will control.
2. ORDERING
2.1 Membership Account. You may be required to create an account and be logged in to your account to be able to place an Order on the Website. To register, you must provide us with current, complete, and accurate information as prompted by the registration form and you will need to choose a user name and password. You are solely responsible for maintaining the confidentiality of your username and password for the account. You may not use anyone else’s username or password or permit others to use yours. You must notify us immediately of any suspected unauthorized use of your account or any inaccuracy in your registration information. You may be liable for losses, damages, liability, expenses, and fees incurred by Ultima Pietra or a third party arising from an unauthorized use of your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account. We may also suspend or terminate your account if, in our sole discretion, we believes: (a) you have violated these Terms; (b) you have violated any applicable law in connection with your use of the Website; (c) your continued use of the Website may endanger your health and safety or the health and safety of others; or (d) you have communicated or acted in an inappropriate, offensive, or discriminatory manner towards any Ultima Pietra employee or third-party.
2.2 Order Placement. Upon logging on to your account on the Website, you can place an order for Products by following the instructions on the Website (“Order”). You must pay for Orders using a credit card. We will email you an order confirmation after we have received your Order (“Order Confirmation”). An Order Confirmation or processing of your Order does not constitute acceptance of your Order. All Orders are subject to our acceptance, and no contract for the purchase of Products will be formed until your Order is accepted by delivering the Product to you even if your credit card is authorized or actually charged at the time of Order Confirmation or thereafter.
2.3 Order Quantities. Products will be offered for sale on the Website on a first-come first-served basis until we exhaust our stock. Your Order must comply with any “minimum quantity” or “required multiples” requirement that is listed on the Website.
2.4 Order Validation. We reserve the right to reject any Order you place with us, or to limit quantities on any Order, even after we send you an Order Confirmation or charge your credit card, at our sole discretion for various reasons, including if:
(a) you do not accept these Terms;
(b) you do not provide a valid shipping address within a geographic area in which we offer the Products;
(c) we are unable to process the payment for your Order;
(d) the Product you have ordered is not available or will not be available within a reasonable time;
(e) the information you provided to us is incomplete or inaccurate; or
(f) there are any errors in your Order or your connection to the Website.
If we reject your Order, we will attempt to notify you using the e-mail address that we have on record for you. If we reject an Order after a charge has been made against your credit card, we will issue a refund.
2.5 Order Cancellation. You may request cancellation of your Order by sending an email to info@ultimapietra.com. While our goal is to process cancellation requests within one business day of our receipt of a request, we make no representation that a request to cancel your Order will be processed before it is shipped. Orders cannot be cancelled after a part or all of the Products corresponding to the Order have been shipped.
3. SHIPPING AND RETURN POLICY.
3.1 Shipping. All Orders placed on our site are subject to availability and will be shipped according to Ultima Pietra’s shipping policies and the shipment schedule listed on the Website. All shipping charges and applicable customs duties are your responsibility and we will inform you of such charges at the time you place your Order. Title to the Products and the risk of loss pass to you upon our transfer of the Products to the carrier. Delivery times will depend on the delivery location and Products in your Order may be shipped together or separately, based on availability. It is your responsibility to ensure that you provide your correct mailing address to us and you will be responsible for any costs and expenses that arise in connection with recovery of a shipment that is delivered to an incorrect or out-of-date address provided by you. Shipments to Hawaii, Alaska and Puerto Rico may include an additional shipping surcharge. Shipments to Utah, Alabama and Tennessee may occasionally require longer shipping times.
3.2 Delivery. To accept deliveries someone who is 21 or older must be present at the delivery address to accept the Products and sign for them. The carrier may also require proof of identification and age. We make no representations about the legality of shipping alcoholic beverages to the jurisdiction in which you are located and by arranging for transportation or shipping of any alcoholic beverage under your instructions, we are merely providing a service to, and acting on behalf of you. If the shipper is not able to make a delivery to you because of the absence of an appropriate individual who may accept such delivery, you will be responsible for any additional shipping costs that may be incurred in re-shipping the Product.
3.3 Damaged Shipment. If you receive Product that has been damaged during shipment, please email us at info@ultimapietra.com within 14 days of receiving the shipment. Include a description of the damages and include pictures if possible. If we receive notification of a damaged shipment within 14 days of your receipt, we may arrange for any damaged Products to be replaced upon a determination, at our sole discretion, that the damage to the shipment may have occurred due to inadequate packaging.
3.4 Returns. We currently do not offer any returns for Products sold through the Website.
4. Your Representations. You hereby represent and warrant the following:
(a) You are purchasing the Product solely for (i) self-consumption or (ii) gifting to a person who is at least 21 years old, and can legally consume alcohol in their jurisdiction. You will not resell or otherwise commercially use the Products. You also confirm that the jurisdiction in which you are ordering the Product and to which you are asking us to deliver the Products permit the sale and delivery of alcohol;
(b) You will use the Website only for purposes that are permitted by these Terms and by applicable law. You will not use the Website to engage in any unlawful behavior, to cause damage, harassment, nuisance, annoyance or inconvenience to us or any third-party or otherwise in a manner that may impair the reputation of Ultima Pietra. You will not intentionally damage or adversely affect the Website, including by means of introducing a virus, breaching any security protocols or spamming the Website;
(c) You will not reverse engineer, use or access the Website in order to (a) build a competitive product, website or service, or (b) copy any ideas, features, functions, content or graphics from this Website;
(d) You will not “mirror” the contents of the Website though the use of HTML frames or other means to display such content on another website or document; and
(e) You will immediately notify us if you become aware of or suspect unauthorized access to your account.
5. User Consents.
5.1 Electronic Communications. To keep you updated regarding the Order and delivery status of any Products that you ordered through the Website, or otherwise in connection with your use of the Website, we may need to get in touch with you from time to time. Ultima Pietra may contact you using SMS text messages, phone call, email, or other similar means. You may incur data, call-time or SMS charges from your communications providers in connection with such communications from Ultima Pietra. Further, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.
5.2 Personal Information. You understand that to provide you the ability to order Products using the Website, Ultima Pietra needs to collect and store certain information related to you, including your name, your payment information and your delivery address. You hereby consent to Ultima Pietra’s collection and storage of such information in connection with your use of the Website and your purchase of Products.
5.3 Mobile Website. If you access the Website using your mobile device or place on Order on your mobile device, you agree and acknowledge that we may collect certain additional information related to your mobile device, including its location, to enable certain features of the Website that are accessible on your mobile device.
6. Intellectual Property.
6.1 Ultima Pietra’s Intellectual Property. Ultima Pietra shall continue to own and retain all right, title, and interest, including all related patents, copyrights, trademarks, trade dress, trade-secrets, know-how and other registered or unregistered intellectual property rights, in and to technology, process, content or materials used for or which abides in the Website or the Products. You will not copy, reproduce, or disclose any of Ultima Pietra’s content available on the Website, including any branding or logos.
6.2 Feedback and Improvements. Ultima Pietra shall have the full right and license to use any feedback, suggestions, comments, ideas or the like received from you for improvements to the Website, Products, Ultima Pietra’s business operations or for any other business purpose. Any alterations, changes, modifications, enhancements, additions, restructuring or deletions made to, or derivatives of or other products derived from, or as a result of any such feedback shall be the sole and exclusive property of Ultima Pietra, together with all intellectual property and other rights therein.
7. Term and Termination. These Terms will become effective on the date you accept them by clicking “Accept”, “I agree”, or a similar button on a webpage or through another acceptable means. These Terms will be applicable to you for the duration that you access or use the Website. Ultima Pietra may, at its sole discretion, at any time without prior notice to you: (1) change, restrict access to, suspend, or discontinue the Website or any portion of the Website; or (2) add, remove or modify any services or functionality that is available through the Website (including the ability to place an Order).
8. Our Warranties and Disclaimers; Limitation of Liability.
8.1 Warranties and Disclaimers Related to the Website. Our Website, its content and all Products sold on our Website are 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. Without limiting the generality of the foregoing, Ultima Pietra specifically disclaims the following:
(a) Prices, sizes, quantities and availability of Products on the Website are subject to change without notice. Errors, if any, in the information provided on the Website will be corrected upon discovery. You may, as your sole remedy, cancel an Order, prior to its shipment, if you have placed such Order based on an inaccurate description on the Website. If your credit card has already been charged for the purchase and your Order is canceled, we shall issue a refund to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If a Product has been shipped or you receive a Product that is not as described (or that you did not order), your sole remedy is to notify us within 5 days of receipt and we will in our sole discretion provide you with a reasonable substitute. We may also refuse or cancel any Orders placed using an incorrect description on the Website, whether or not you have received an Order Confirmation or your credit card has been charged.
(b) All Products are delivered to you “as-is” and “as-available”. Products sold by Ultima Pietra are perishable commodity which may be adversely affected by temperatures and environmental conditions during shipment and while being stored by you. Ultima Pietra does not make any warranties related to the quality of any Product that has been delivered to you;
(c) We maintain our Website using a commercially reasonable level of skill and care, however we do not warrant the availability of the Website for any period of time, the accuracy of the content available on the Website or the confidentiality and security of any data provided by you to us on the Website;
(d) Ultima Pietra does not warrant that you will receive the Product deliveries at the scheduled time. You acknowledge that shipping delays may result from circumstances not in Ultima Pietra’s reasonable control, including, without limitation, due to adverse weather conditions, shipper issues, or due to your acts or omissions; and
(e) While we make commercially reasonable efforts to package the Products such that there is no damage during shipping, Ultima Pietra does not warrant that there will not be any damage to the Products during shipment.
8.2 Limitations on Liability. In no event shall Ultima Pietra, its affiliates, agents or contractors be liable for any consequential, punitive, incidental, or special damages, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use of the Website or the Products. To the fullest extent provided by applicable law, Ultima Pietra’s maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, arising from your use of the Website or the Products will not exceed the lower of: (i) the amount you paid to Ultima Pietra for the Order to which the claim relates, or (ii) $100.
8.3 Third-Party Links. The Website may from time to time provide links to websites operated by third-parties who are not affiliated with Ultima Pietra. We do not endorse, take responsibility for, or recommend any products or services offered on these third-party websites. We make no express or implied warranty about the accuracy, appropriateness, legality, or any other aspect of the content provided on such websites. You acknowledge that you will access or use such third-party websites completely at your own risk.
9. FORCE MAJEURE. We shall be excused from performance under this Terms if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body; (b) any act or omission of a third party, beyond our reasonable control; or (c) any other circumstance beyond our reasonable control, including an emergency condition, war, riots, epidemics, or persistent computer or telecommunications failures.
10. Indemnification. You hereby agree to indemnify, defend, and hold harmless Ultima Pietra and its affiliates, employees, contractors, and agents from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with: (1) your use of the Website and Products (including your submission of any information to Ultima Pietra through the Website); (2) any claims related to your violation of these Terms or any policy set forth in these Terms; (3) your violation of any applicable laws and regulations resulting from your use of the Website, your Order, or consumption of the Products; or (4) your violation of the rights of any third party, including other customers of Ultima Pietra or the delivery services.
11. Data Privacy Policy. Ultima Pietra’s notice of privacy practices (available at [URL] (“Privacy Policy”)) describes how any information that you submit to us may be used and disclosed and how you can get access to such information. We reserves the right to modify our Privacy Policy from time to time.
12. Parental Control Protection. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, and SurfWatch. We do not sponsor or endorse or control any of these or similar companies or their services.
13. Governing Law; Mandatory Arbitration.
13.1 Governing Law. Any disputes arising in connection with Website, Products, these Terms or any other agreement between you and Ultima Pietra, shall be governed by and construed and enforced solely and exclusively in accordance with the Federal Arbitration Act, applicable federal arbitration laws and laws of the State of New York, without regard to its conflicts of law principles.
13.2 Mandatory Arbitration. You and Ultima Pietra both agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any such disputes in good faith thereafter. If the dispute is not resolved, within 30 days of a party providing notice to the other party, both parties agree that the dispute will be resolved through individual, non-representative, binding arbitration held in English, instead of a proceeding in courts of general jurisdiction. Any such disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Ultima Pietra that an in-person hearing is appropriate. Any in-person appearances will be held at New York, New York, USA. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
13.3 Waiver of Right to Jury Trial and Class Action. YOU AND Ultima Pietra EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
14. Miscellaneous.
14.1 Assignment. Your obligations and rights under these Terms may not be assigned, in whole or in part, without Ultima Pietra’s prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
14.2 Severability. If any part of these Terms become becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of the Terms will remain in full force and effect.
14.3 Survivability. The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Website or the Products (including, without limitation, Sections 6, 8, 10, 13 and 14) survive termination of these Terms.
14.4 No Third-Party Beneficiaries. Except as expressly stated, no provisions of these Terms create any third-party beneficiary.
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EFFECTIVE AND REVISED 10/12/2021