AGE

You must be at least 21 years of age to order and receive alcohol from Bay Grape LLC (hereinafter “Bay Grape”, “our”, “us”, “we”). By placing your order, you validate that you and the person who accepts delivery will be 21 years of age or older. Any shipments containing alcohol are sent with an “Adult Signature Required” sticker, and the common carrier that delivers our merchandise is required to ask and check for identification upon delivery. This means that when your alcohol is delivered, the person receiving delivery will be required to show identification proving that he or she is at least 21 years old, or you will have to be present at the time of delivery. If no adult at least 21 years of age is present at time of delivery, the package will not be left. Alcohol will not be delivered to visibly intoxicated person(s). Because a common carrier is responsible for delivery, you acknowledge and expressly agree that Bay Grape is not responsible for the delivery of alcohol to underage persons or intoxicated persons.

LEGAL DISCLAIMER

Laws regarding the sale and transportation of alcohol are complex and constantly changing. The politics, policies and procedures regarding such sales and transportation are different in every state. That is why you are buying from us in California, and why title to the alcohol is passing to you upon purchase in California. In the event that we may ship alcohol to your state in accordance with a state privilege requiring the payment of state taxes, you will be charged the sales tax, if any, assessed by your state for that transaction; otherwise California sales tax will be assessed on the sale. Title to all product intended for shipment to federal property and Indian reservations passes to the customer when the goods are picked up by the common carrier, and California sales tax will be collected on all such purchases. When your order is approved by your credit card company, you own the goods. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. We make no representations about the legality of shipping alcohol and by requesting delivery you are expressly warranting that you will ensure compliance with all applicable alcohol shipping laws. The shipment of alcohol into a state is regulated by the recipient state, and you are responsible for compliance with all laws regarding such shipments. You may also make your own shipping arrangements in order to ensure compliance with alcohol shipping laws.

SHIPPING

By placing an order on this site, you hereby agree to the following shipping terms:

Title on all alcohol passes to the buyer at the time of purchase in the state of California. If you require that your alcohol be shipped, you authorize Bay Grape to engage a common carrier to deliver the alcohol on your behalf. IF YOU CHOOSE TO SHIP YOUR ALCOHOL TO A NON-RECIPROCAL STATE, YOU ASSUME ALL RESPONSIBILITY FOR COMPLYING WITH YOUR STATE’S LAWS REGARDING ALCOHOL SHIPMENTS.

By arranging for transportation of the alcohol, we are providing a service to, and acting on behalf of you. By utilizing this service from us, you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcohol. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of alcohol, are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcohol are at least 21 years of age. If, between the date of order and date of arrival, the laws of your state change so as to make it illegal for you to import your shipment, you may return the order for a full refund. All returns must be made in accordance with California law, and returns across state lines are not permitted. 

Bay Grape makes no representation to the legal rights of anyone to ship or import alcohol into any state outside of California. The Buyer is solely responsible for the shipment of alcohol and is responsible for any loss or damage to goods once they have left our premises. By placing an order, you authorize Bay Grape to act on your behalf to engage a common carrier to deliver your order to you.

WEATHER

Because we have no control over the temperature conditions at any 3rd party carriers’ warehouses, we always attempt to deliver alcohols to our 3rd party carrier at the beginning of each week so that you can receive your alcohol before the weekend. As a result, your alcohol may not be delivered to our 3rd party carrier the day that you place your order. Please understand that during business hours, your orders are immediately packaged and scheduled for delivery, but may be delayed until ideal conditions for shipment arise. You are reminded that various states impose limitations on the quantity of alcohol which may be purchased and brought into their jurisdiction without requiring the purchaser, the seller or the shipper to possess certain licenses or permits. Bay Grape does NOT, as a condition of sale, assume any obligation nor bear any responsibility whatsoever for applying for or obtaining any such permits or licenses. Therefore, you are strongly advised to investigate such limitations and to determine the manner in which alcohol may lawfully be brought into states other than California. You are responsible for all applicable excise, use and sales taxes due to your state related to the purchase of any taxable goods.

UNDRINKABLE AND “CORKED” ALCOHOL

Because Bay Grape does not produce or bottle any of the alcohols sold, and due to the fact that the character of alcohol changes with age, we cannot guarantee the personal “drinkability” of every bottle we sell. It is the industry standard for shops such as ours, and it is the policy of Bay Grape, that older alcohols are purchased “as is” and at the buyer’s risk as to the drinkability of the alcohol.

This policy includes “corked” wine, those tainted with trichloroanisole (TCA). This alcohol fault occurred during the maturing or bottling of the alcohol at the winery, and is completely out of the control of Bay Grape. Please contact the winery if you encounter a “corked” alcohol. Only the winery can solve this problem. We apologize in advance for any inconvenience.

CANCELLATIONS AND RETURNS

ALL ALCOHOL SALES ARE FINAL. Please review the email you receive confirming your order carefully to make sure you ordered the correct alcohol and shipping address. We are not responsible for any incorrect orders placed by the customer.

Any cancellation of any order must be done within 10 days of placing the order and prior to the shipment of the order. All cancellations are subject to a 10% restocking fee, unless there was an error on our behalf. The restocking fee is not a penalty, but compensates us for our loss. When we charge your card, your order is reserved for you. When you cancel your order, your credit card company charges us for both charging your card and subsequently crediting your card for a cancellation. Therefore, we will strictly enforce the collection of the restocking fee if your card has been charged. If we have not charged your credit card, you may cancel your order without being subject to the restocking fee.

No order may be cancelled after 10 days of placing the order.  And no order may be cancelled after it has shipped (the shipment is in the possession of the shipping carrier). An address change (shipment re-routing) may be requested by the customer after shipment, but the customer will be responsible for the fee charged by shipping carriers for address changes.

Any return of unopened and undamaged alcohol that was incorrectly sent to the customer (i.e., wrong alcohol or vintage) must be done within 10 days of your receipt of the alcohol. Should this happen, please email or call us to notify us that you are returning the shipment. We will only issue an exchange or refund on returned products that were incorrectly shipped to you. We will not accept return of any alcohol that has been opened, harmed during transportation, or harmed due to extreme weather conditions.

USE AND DISCLOSURE OF YOUR INFORMATION

We do not and will not disclose your private, personally identifiable information to any third party for any purpose without your prior consent. By requesting the shipment of alcohol, you are expressly consenting to the sharing of your information to a common carrier in order to facilitate delivery. However, we reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or to protect the rights, property or safety of our company, its employees, customers, or the public.

BY PLACING AN ORDER OF ALCOHOL FOR DELIVERY, YOU HAVE READ, UNDERSTAND, AND ARE EXPRESSLY AGREEING WITH THE TERMS AND CONDITIONS HEREIN.