Terms of service
By purchasing an item from Collezione NY LLC d/b/a Collezione New York (“Collezione New York”), you, the customer (“You”, “you”, “Your”, “your”), affirm your understanding and agreement to the following terms and conditions:
1. Age Verification: You represent and warrant that you have attained at least 21 years of age. Collezione New York reserves the right to verify your age by requesting valid identification issued by an appropriate government authority. Collezione New York reserves the right to refuse to sell to you if such identification is unacceptable to Collezione New York, or if there are any concerns over the validity of the identification or your use of such identification.
2. All Sales Are Final: All transactions concluded at Collezione New York are final and irrevocable. There shall be no refunds, returns, or exchanges under any circumstances whatsoever.
3. As-Is Condition: All items procured from Collezione New York are sold in an "as-is" condition. You hereby acknowledge and agree that you bear the sole responsibility for thoroughly inspecting the item(s) and determining their quality and condition prior to purchase. Collezione New York reserves the right to set the manner in which you may inspect and determine the quality of such item(s), including, but not limited to, by restricting you from opening sealed containers, or otherwise tampering with item(s) in a manner that would affect their value, contents or condition. By effecting a purchase, you accept that you have been given enough access to thoroughly inspect such item(s) and accepts the item(s) in their present condition and relinquishes any current or future rights to dispute the quality or condition of said item(s).
4. Inherent Risks: You acknowledge the existence of inherent risks when purchasing vintage and/or second-hand wine, spirits and other item(s). These risks, which include, but are not limited to, spoilage, corkage, evaporation, variations in taste due to aging, potential degradation from improper storage, potential undisclosed allergens, and the possible presence of sediment or other natural byproducts of aging, are fully accepted by you, and you consent to proceed with the purchase nonetheless. You further agree to indemnify and hold harmless Collezione New York for any claims, demands, actions, losses, damages, costs and expenses resulting from any of these inherent risks associated with item(s) purchased.
5. No Representations or Warranties: Except for the assurance of a clear title to the item(s) and Collezione New York's knowledge that the item conforms to its label description, no other representations or warranties, either express or implied, including, but not limited to, the taste, quality, drinkability, condition, authenticity, or suitability of any item(s) sold in the store, are made by Collezione New York. You acknowledge that your purchase decision is predicated solely on your own judgment and evaluation.
6. Release and Indemnification: You agree to release, indemnify, and hold harmless Collezione New York, its owners, employees, and agents from any and all claims, demands, actions, losses, damages, costs, and expenses, inclusive of reasonable attorney's fees, that arise in connection with the purchase, use, or resale of any item(s) sold by Collezione New York.
7. Limitation of liability: To the extent any release, waiver or indemnity made by you under any section of this agreement is unenforceable for any reason, you agree that any such claims, demands, actions, losses, damages, costs and expenses shall be limited to the maximum extent permissible under any applicable law, rule or regulation.
8. Governing Law: This Store Policy is governed by and is to be construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of laws.
9. Forum Selection. Any claim made by or against a party hereto shall be exclusively venued in the state or federal courts located in New York. Each party hereby irrevocably submits to the exclusive jurisdiction of such courts for any such claims, and waives any objections to such courts based on venue or the doctrine of forum non conveniens. Each party agrees to service via email for any summons, court document or other legal notice, and waives any objection that such form of service is invalid or not binding. You agree that if Collezione New York is required to pursue legal action against you, for any reason, Collezione New York may recover any costs, including reasonable attorney’s fees, from you in addition to any damages or other remedies available to Collezione New York.
10. Entire Agreement: This Store Policy constitutes the entire agreement between Collezione New York and you regarding the subject matter contained herein and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. Collezione New York reserves the sole right and discretion to modify or amend these terms without notice, and such modifications or amendments will apply to any purchases made after the effective date of said modification or amendment. Any such modification or amendment to this Store Policy must be in writing and duly authorized by
Collezione New York.
By purchasing an item from Collezione New York, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Store Policy.