Terms & Conditions

Last updated: August 20, 2021

These Terms and Conditions of Use (“Terms” or “Agreement”) govern your use of and access to opiciwinesandspirits.com (the “Home Site”) and shop.opiciwines.com (the “Shop Site”, together with the Home Site, the “Sites”). The Sites are made available by Opici Import Co., Inc. for itself and certain affiliates that operate under the Opici Wines & Spirits brands and associated brands in various states (hereafter, “Opici Wines & Spirits”, “we”, “us” or “our”). These Terms apply to all persons who visit any of the Sites (“Visitors”), regardless of purpose or use, and “you” and “your” refer to each Visitor. Accessing the Sites, in any manner, constitutes use of the Sites and your agreement to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to the Sites, or to products and services that we make available to you through the Sites (all of which are deemed part of these Terms). These Terms are in addition to any other terms and conditions of our service provider and retailers that may apply to purchases you make on our Shop Site.

By using our Sites, you: (a) agree to be bound by the terms and conditions of these Terms, and (b) you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all its terms and conditions, just as if you had signed it. If you do not agree to the terms and conditions of this Agreement, do not use the Sites.

We reserve the right to change these Terms, from time to time, in which case we will post the revised Terms on our Home Site and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Sites after we post any such changes or notify you of any material changes, you accept the revised Terms.

THE SITES ARE ONLY INTENDED FOR USE OR VIEWING IN THE UNITED STATES IF YOU ARE 21 YEARS OF AGE OR OLDER. If you do not meet these requirements, you are not authorized by us to use or view any of the Sites.

Our Sites seek to provide information about our company, products and services for your convenience only. Although Opici Wines & Spirits strives for timeliness and accuracy in all of the materials on the Sites, it makes no representations, warranties, or assurances as to the availability, accuracy, timeliness, or completeness of its Sites or their contents. Opici Wines & Spirits shall not be liable for any damages or injury resulting from your access to, inability to access, or use of our services and Sites, including, without limitation, any damages or injury arising from any links to other sites contained within or referred to in our Sites.

Eligibility

Use of our Sites is void where prohibited. You may use our Sites only if you are 21 years of age older. You may use our Sites only in compliance with these Terms and all applicable, local, state and federal laws, rules and regulations.

Term

These Terms, and any posted revision to these Terms, shall remain in full force and effect while you use our Sites. Opici Wines & Spirits reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of our Sites at any time, for any or no reason, with or without prior notice or explanation, and without liability. Opici Wines & Spirits expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of our Sites if Opici Wines & Spirits determines, in its sole discretion, that you have violated these Terms or pose a threat to Opici Wines & Spirits, its employees, business partners, users or the public.

Opici Wines & Spirits Content

Our Sites contain content of Opici Wines & Spirits (“Opici Wines & Spirits Content”). Opici Wines & Spirits Content is protected by copyright, trademark, trade secret and other laws of the United States, and Opici Wines & Spirits and its licensors own and retain all right, title and interest in and to the Opici Wines & Spirits Content. Opici Wines & Spirits hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Opici Wines & Spirits Content solely for your personal use in connection with viewing and using our Sites. You may not sell or modify Opici Wines & Spirits Content or reproduce, display, distribute, or otherwise use Opici Wines & Spirits Content in any way for any public or commercial purpose. Use of Opici Wines & Spirits Content on any other site or in a networked environment is prohibited.

Opici Wines & Spirits respects the intellectual property rights of others and expects users of our Sites to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that any content on our Sites constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent for notice of alleged copyright infringement appearing on our Sites is: Opici Wines & Spirits, 25 DeBoer Drive, Glen Rock, NJ 07452, email: info@opici.com.

Links

Our Sites may contain links to sites owned by third parties. These links are posted on the Opici Wines & Spirits website with the consent of such third parties. These links are provided solely as a convenience to you and are not an endorsement by Opici Wines & Spirits of the contents of those other sites. Opici Wines & Spirits is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from our Sites, you do so at your own risk.

Shop Site; Account Registration; Passwords

Users may order some of our products through our Shop Site which is an e-commerce platform provided and operated by our third-party provider Thirstie. Orders placed on the Shop Site will be fulfilled by local retailers that work with Thirstie. By placing an order on the Shop Site you agree to be governed by the terms and conditions and privacy policy of Thirstie and the participating retailers, in addition to these Terms. By placing an order on the Shop Site, you agree to: (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Shop Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your account.

You are responsible for safeguarding the password that you use to access your account and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another user at any time or to disclose your password to any third party. You agree to notify Opici Wines & Spirits immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and the Shop Site. Opici Wines & Spirits cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements or from your ordering any products from Thirstie and the participating retailers.

By using our Sites, you also consent to receive electronic communications from Opici Wines & Spirits (e.g., via email). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via mail or email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein or contacting us at info@opici.com.

User Submissions

Opici Wines & Spirits currently does not provide a feature on our Sites for you to submit or post your comments. However, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, Opici Wines & Spirits’ property. By submitting any Information to Opici Wines & Spirits, you assign such Information to Opici Wines & Spirits and we shall exclusively own all now known or hereafter existing rights to such Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you.

As a user of our Sites, you are responsible for your own communications and the consequences of submitting them. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to use it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.

Use of our Sites is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Additionally, placing an order on the Shop Site is also governed by the privacy policy of Thirstie and the participating retailers.

Sales Terms and Conditions

Placing an order for our products through the Shop Site is strictly governed by the terms and conditions of Thirstie and its participating retailers. Opici Wines & Spirits is not involved in any way and has no control over the ordering of products on the Shop Site, including, terms and conditions related to prices, acceptance or rejection of orders, payment, shipping, cancellation, risk of loss, returns and warranties. The participating retailer is solely responsible for controlling and managing all aspects of your order. Opici Wines & Spirits shall not be liable for any damages or injury resulting from your ordering products from participating retailers on the Shop Site. All comments, questions or complaints regarding your order should be addressed to the participating retailer.

Content Information

Opici Wines & Spirits attempts to be accurate in its product descriptions. However, Opici Wines & Spirits does not warrant that product descriptions or other content of our Sites are accurate, complete, reliable, current, or error-free. Opici Wines & Spirits has made significant efforts to accurately display the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Users with Disabilities

We strive to make our Opici Wines & Spirits Content accessible and user friendly by striving to meet online usability and design standards recommended by certain guidelines or to the extent required under the American with Disabilities Act. If you have any difficulty viewing our content or navigating our Sites, please contact us at info@opici.com.

Disclaimer

Opici Wines & Spirits does not represent or warrant that our Sites will operate error-free or that our Sites or our servers are free of computer viruses or other harmful material. If your use of our Sites or our Sites’ material results in the need for servicing or replacing of equipment or data, Opici Wines & Spirits shall not be responsible for those costs. Our Sites and their material are provided on an “AS IS”, “AS AVAILABLE” basis, without representations or warranties of any kind. OPICI WINES & SPIRITS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

Limitation of Liability

IN NO EVENT SHALL OPICI WINES & SPIRITS OR ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANY THIRD PARTIES MENTIONED IN THE SITES’ CONTENT, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF OR INABILITY TO USE MATERIAL ON THE SITES OR OTHER SITES LINKED TO THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF OPICI WINES & SPIRITS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITES OR ANY CONTENT ON THE SITES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF OPICI WINES & SPIRITS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

Indemnity

You agree to indemnify and hold Opici Wines & Spirits, its subsidiaries, and affiliates, subcontractors, service providers and other partners, and their respective stockholders, members, directors, managers, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Sites in violation of these Terms or arising from your breach of these Terms or any breach of your representations and warranties set forth in these Terms.

Governing Law and Jurisdiction

Our Sites originate from New Jersey. Opici Wines & Spirits does not claim that the Content on our Sites is appropriate or may be used outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access and use our Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms are governed by the substantive laws of the State of New Jersey, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of New Jersey with respect to any dispute, disagreement, or cause of action related to or involving our Sites. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms and our Privacy Policy constitute the entire agreement between you and Opici Wines & Spirits with respect to your use of our Sites, except as expressly provided elsewhere in these Terms. You agree that, by agreeing to these Terms, you and Opici Wines & Spirits are each waiving the right to a trial by jury or to participate in a class action.

Changes

We may change these Terms from time to time. Unless stated otherwise, our current Terms apply to your use of our Sites. If we make changes to these Terms that, in our sole discretion, are material, we will provide you with notice as appropriate under the circumstances. By continuing to access or use our Sites after any changes to the Terms become effective, you agree to be bound by the revised Terms.