Terms & Conditions
Welcome to https://shop.kermitlynch.com the website for Kermit Lynch Wine Merchant. The terms “Kermit Lynch Wine Merchant,” “https://shop.kermitlynch.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
By using this website, you represent to Kermit Lynch Wine Merchant that you are at least 21 years of age.
(A) Except for orders going to the states described in section (B), title to and ownership of alcoholic beverages passes from Kermit Lynch Wine Merchant to buyer in California, and buyer takes all responsibility for the product being transported from California to the buyer’s selected destination. Buyer may pick up the product at Kermit Lynch Wine Merchant, or make independent delivery arrangements. Sales tax will be applied based on Kermit Lynch Wine Merchant’s location. Kermit Lynch Wine Merchant makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. Buyer warrants he or she is solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to the buyer’s chosen destination.
(B) For orders going to CA, AL, DC, ID, FL, ND, NM, NV, and OR, title to and ownership of the product passes from Kermit Lynch Wine Merchant to Buyer in the state to which the product is shipped, and sales and other applicable taxes will be applied based on the requirements of the destination state. By placing an order, Buyer authorizes Kermit Lynch Wine Merchant to act on Buyer’s behalf in arranging for transportation of the product at Buyer’s direction. Alternatively, buyer may pick up the product at Kermit Lynch Wine Merchant’s location, or make independent shipping arrangements. For any product picked up at Kermit Lynch Wine Merchant’s location, sales tax will be applied based on that location. Prices of products do not include shipping/handling charges, the cost of which varies depending on destination, number of bottles ordered, and choice of delivery options.
Shipping
If you need to change the delivery address and the order is currently in-transit, a fee of $20 per package will be charged for each address change. If a package is returned to us because of a missed delivery, you will be charged the full shipping cost to reship the order.
Terms & Conditions for Orders with Shipping Included:
Offer applies to standard shipping only and excludes HI & AK. Unless otherwise specified, standard shipping is included on orders of 12 or more bottles or of a value of $199 or more. Offer applies to the first shipment of new orders placed for immediate delivery (weather permitting) and shipped directly from our store to the order recipient. Order minimums must be met on a single order to qualify—orders cannot be combined. Offer applies to items in-stock only—no pre-arrivals, wine clubs, or Gift Cards.
Will-Call
Will-call orders are to be picked up within 14 days. If you are unable to pick up your order, please give us a call at 510-524-1524 to arrange a future pick up date or to have your order shipped.
California Redemption Value (CRV)
CRV Fees and Refund Rates:
• Wine bottles less than 24 oz: 5 cents CRV
• Wine bottles 24 oz or more: 10 cents CRV
Information:
• Consumers pay CRV when purchasing eligible beverages in California
• CRV refunds are provided when containers are redeemed at a recycling center
• The CRV portion is subject to sales tax if the sale of the beverage is subject to sales tax
For more details, visit the California Beverage Container Recycling Program website calrecycle.ca.gov
Gift Cards
Gift cards can only be redeemed for goods sold through the Kermit Lynch Wine Merchant retail shop in Berkeley or on shop.kermitlynch.com. The balance cannot be converted into cash, except where required by law. Gift cards purchased from Kermit Lynch Wine Merchant do not expire and we do not charge any fees for non-use. Please treat gift cards like cash. We are not responsible for lost or stolen cards, nor are we required to replace them. Gift cards are transferable but may not be resold. Promotional gift cards, credits, and discounts may have expiration dates as allowed by law, and these will be clearly disclosed in the promotional material. You may not use a gift card or promo code toward the purchase of a gift card. Gift cards can only be used on new purchases of in-stock items and may not be used for any subscription-based purchases such as wine clubs. We reserve the right to cancel a gift card and associated orders if we believe that the card was obtained or used fraudulently, unlawfully, or otherwise in violation of these terms. Kermit Lynch Wine Merchant reserves the right to change these terms and conditions at any time at our discretion. These terms and conditions shall be governed by and construed in accordance with the laws of the State of California.
Returns
To qualify for a return, all merchandise must be in original, undamaged, and unopened condition. Returns must be made using the original packaging. Kermit Lynch Wine Merchant does not accept returns of merchandise that have been damaged while in the customer’s possession or in-transit. This includes, but is not limited to, wine that has been exposed to excessive heat, cold, or light.
For will-call and in-store orders:
A qualifying order may be returned with proof of purchase from Kermit Lynch Wine Merchant up to 28 days after the original purchase date for a full refund.
For shipping orders:
A qualifying order may be returned with proof of purchase from Kermit Lynch Wine Merchant up to 28 days after the order has shipped. If a cancellation is initiated before the order has shipped, you will receive a full refund including all shipping charges. If a qualifying return is initiated after the order has shipped or been delivered, you will receive a refund for the original purchase amount minus the return shipping cost.
To initiate a return for an online order, please reply to the email receipt associated with your order or email us at [email protected]. You can also call us at 510-524-1524 or visit our Berkeley retail shop.
Orders are by credit card only. We accept Visa, MasterCard, Discover, and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.
Occasionally, our listed prices, bottle sizes, or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, we shall be held harmless for any such errors.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, downloads, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.
Kermit Lynch Wine Merchant provides this site and its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. Kermit Lynch Wine Merchant disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Kermit Lynch Wine Merchant does not represent or warrant that the information accessible via this site is accurate, complete, or current. Price and availability information is subject to change without notice.
Except as specifically stated on this site, neither Kermit Lynch Wine Merchant nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.