Terms of service
Welcome to Hilmy Cellars
Thank you for visiting the Hilmy Cellars website, located at www.hilmywine.com (the “Website”). The following terms, conditions, and notices govern your use of this site, which is wholly owned and operated by Hilmy Cellars. This Agreement also outlines the terms under which we (“Hilmy Cellars”) sell our products through the Website.
PLEASE NOTE: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE PROVISIONS.
Please review this Agreement carefully. If you do not agree with any of its terms, please refrain from using this Website.
The Website
Hilmy Cellars may utilize third-party vendors to provide technology infrastructure to support the Website, including but not limited to servers, software, storage, and networking.
Use of the Website
Hilmy Cellars does not permit the use of this site by individuals under 21 years of age.
Subject to your compliance with this Agreement, Hilmy Cellars grants you a non-exclusive, non-transferable, revocable, and non-sublicensable license to access and use the content and services on the Website solely for their intended purpose.
During authorized use, your internet browser may generate copies of executable code, graphics files, data files, and other information (the “Cached Information”). Such Cached Information must be used solely to support the authorized operation and use of the Website.
Hilmy Cellars reserves the right to refuse service, modify, suspend, or terminate accounts, and remove or edit content at its sole discretion.
Additional Limitations on Use
In addition to other restrictions in this Agreement, you agree:
Not to reverse engineer, decompile, or extract the source code, algorithms, data structures, or object structures of the Website, unless expressly permitted or required by law, or authorized in writing by Hilmy Cellars;
Not to reproduce any part of the Website on other devices, including using framing techniques, or to mirror or replicate any part of the Website;
Not to deep-link to any part of the Website without written authorization from Hilmy Cellars;
Not to modify or create derivative works of any part of the Website, including translating content into other languages or implementing it in a different computer language;
Not to use automated or manual processes to capture any content from the Website, including bots, spiders, or scrapers, except as required for authorized use or specified in a robots.txt file.
Privacy Policy
Hilmy Cellars’ Privacy Policy is incorporated into this Agreement. You can review the Privacy Policy at http://www.hilmywine.com/Privacy-Policy.
Product Orders
Shipping Methods and Costs:
Domestic orders typically process and ship within three to five business days. Domestic shipments occur Monday through Thursday; international orders are shipped Monday, Tuesday, and Friday. To maintain wine quality, our standard shipping methods are FedEx Air and FedEx International Priority, with cooling gel packs during hot months. We reserve the right to use alternative shipping methods if necessary.
Delivery Requirements:
Wine shipments require a signature upon delivery from someone 21 years of age or older. We will not deliver to visibly intoxicated persons. If age verification cannot be provided, the shipment may be held at a local depot until proper identification is presented or returned to Hilmy Cellars.
Duties and Fees:
Duties, tariffs, taxes, and other fees applicable to your purchase are added to the shipping charges.
Return Costs:
Customers are responsible for all costs associated with the return of wine or other products due to unsuccessful delivery attempts. In cases of damage in transit, you must file a claim with the relevant transit carrier (e.g., FedEx or UPS).
Shipping Charges:
Charges include third-party transit costs and product handling. Orders are processed after credit card authorization and shipped weather permitting. Shipments are held during extreme weather conditions until suitable conditions are met.
Order Confirmations:
After placing an order, Hilmy Cellars will send a confirmation email. A second email with tracking information will be sent once the order is processed and shipped. Confirmation emails are sent to all online order customers, including those who opted out of other email communications.
Return Policy
Wine is sensitive to temperature extremes and may be affected adversely by weather during shipment. Hilmy Cellars is not responsible for, and will not replace, wine damaged by extreme weather conditions. Responsibility for the wine transfers to you upon the common carrier’s possession of your order.
Credit Card Refunds
Upon receipt of a returned shipment, we will process a refund, excluding third-party transit fees. Refunds are applied to the credit card used at purchase and may take 1-2 billing cycles to appear on your statement.
Proprietary Rights
You acknowledge that Hilmy Cellars (or its licensors) is the sole owner of the Website. The Website is protected by U.S. and international copyright and trademark laws. No content or information from the Website may be reprinted, republished, modified, or distributed without the express written permission of Hilmy Cellars. All rights not expressly granted are reserved.
Warranty Disclaimer; Limitation of Liability
THIS WEBSITE, INCLUDING ALL CONTENT AND INFORMATION, IS PROVIDED "AS IS" AND "AS AVAILABLE." HILMY CELLARS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND ANY HYPERLINKED WEBSITES OR THIRD-PARTY SERVICES.
HILMY CELLARS AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE OR ITS CONTENT. YOUR SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS TO STOP USING THE WEBSITE.
General Terms
No Agency: You are not an agent or employee of Hilmy Cellars and have no authority to bind Hilmy Cellars.
Entire Agreement: This Agreement constitutes the entire agreement between you and Hilmy Cellars and supersedes all prior agreements regarding its subject matter.
Acceptance of this Agreement: By clicking “Accept,” “I agree,” or similar, or by using the Website, you accept this Agreement.
Modification of this Agreement: Registered users will be notified of changes via email and on the Website at least 15 days prior to any change. Continued use indicates acceptance of revised terms.
No Waiver: Failure to enforce any provision is not a waiver of future enforcement.
Severability: If any provision is found unenforceable, it will be enforced to the maximum extent possible, and the remainder of the Agreement will remain in effect.
Transfer of Rights: You may not assign or transfer this Agreement. Hilmy Cellars may do so at its discretion.
Dispute Resolution
Before initiating legal proceedings, you agree to report any issues to Hilmy Cellars and attempt to resolve them through negotiation. Legal proceedings may be initiated if the issue is not resolved within 15 days.
For Texas Residents:
Any disputes arising from this Agreement will be governed by Texas law, and you agree to the exclusive jurisdiction of the courts located in Gillespie County, Texas. The arbitration provisions and class action waiver apply as described in this Agreement.
Last updated on August 16, 2024