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Terms and Conditions

Terms and Conditions

ATTENTION: Please read these Terms and Conditions for use of this website! By clicking on the “Agree” box when you place your order, you are accepting these Terms and Conditions of use. If you do not accept these Terms and Conditions, no transaction can be completed.

Items represented on this website constitute only an offer to sell. Even after you have placed an order online, the sale is not complete until an employee of Emilio’s Beverage Warehouse Inc. has accepted and processed the order. All orders, including orders designated for in-store pickup, must be paid in advance. No order will be considered complete until payment has been submitted. We accept Visa, MasterCard, Discover and American Express. All credit card data is transmitted securely.

Emilio’s Beverage Warehouse Inc. reserves the right, at its sole discretion, to revise these Terms and Conditions at any time by updating this website. Your continued use of the website following the posting of changes to these terms will mean you accept those changes and that they apply to you. If you breach any of these Terms and Conditions, your right to use this website will terminate automatically.

Age Verification

All customers are required to prove that they are at least 21 years old at the time they place their first order. All wines and spirits that are shipped on your behalf must be received and signed for by an adult of legal drinking age.

Online Specials

Some items may be advertised cheaper on the Website "Emiliosbev.com" than in store. These are Web specials only and can not be honored in store. We offer a Pick Up In Store option for those looking for the discounted rate.

Order Processing Time

Orders take a minimum of 1 hour to process. We will contact you via email when your order is ready to be picked up, or if you are having the order shipped, we will send you a tracking number once your order has been shipped. Any orders placed on the weekend will be fulfilled that following Monday.

If an item is out of stock, please allow up 5 business days for your order to be filled. If an item has a limited supply or has a longer lead-time to fill, we will contact you within 48 hours of when you placed your order. However, most Items can be obtained within 2 business days. 

Quantity Limitations; Pricing

We reserve the right to limit quantities. Prices are valid on the day of sale and not guaranteed beyond that date.

Shipping

All orders that you request to be shipped will be sent via FedEx using their special ID verification policy for alcoholic products. They will require Proof of Age ID by an adult of legal drinking age upon delivery.

All shipping costs are estimated. Actual costs will be confirmed with you when your order is placed. Shipping insurance is included via FedEx on all orders. This covers breakage and loss during transport. If you have any questions or concerns, please contact us prior to placing your order.

In the case of breakage, visual photographic proof of the product along with all damaged shipping materials will be required for acceptance. In the case of loss, non-delivery verification will be required. Replacement product(s) will be shipped following receipt of satisfactory verification of the issue.

Title of Ownership

US State laws regarding the sale and transportation of alcoholic beverages are complex and constantly changing. The politics, policies and procedures regarding such sales and transportation are different in every state. Title for all products you order from us transfers to you once your order is approved by your credit card company. 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 alcoholic beverages. Our website lists those states where common carriers will not deliver alcohol. You are responsible for compliance with all laws regarding such shipments. You may also make your own shipping arrangements.

By arranging for transportation of the alcoholic beverages, Emilio’s Beverage Warehouse Inc.is providing a service to, and acting on behalf of you. By utilizing this service from Emilio’s Beverage Warehouse Inc. you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. 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 the alcoholic beverages, are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age.

States, Counties Not Shipped to

Due to the numerous US State laws regarding the sale and transportation of alcoholic beverages, we presently cannot ship to the following States:

Alabama, Arkansas, Delaware, Illinois, Iowa, Kentucky, Massachusetts, Mississippi, New York, Oklahoma, Rhode Island, South Dakota, and Utah.

Dry Counties: Please note that if you live in a dry county, your order will not be shipped. For future information, please check with you local state or county. The following States have published dry county restrictions: Alaska, Connecticut, Florida, New Hampshire, and Vermont

Warm Weather

All wines are stored in our climate-controlled warehouse, but once they leave our facility we can no longer protect them from weather-related damage. Emilio’s Beverage Warehouse Inc.is not responsible for any wines that are damaged by excessive heat or cold during the shipping process.

Cancellations/Returns

California State law prohibits the return of any alcoholic beverages once they have been delivered or received. Cancellations are allowed up to the time of shipping or if delivery is refused or the receiver fails to show proper ID proving they are 21 of age or older.

All cancelled or non-delivered orders are subject to a 15% restocking fee. Refunds will only be issued once the products have been returned to Emilio’s Beverage Warehouse.

Should a product be found defective, please contact Emilio’s Beverage Warehouse Inc. with 48 hours and a review will be initiated. Emilio’s Beverage Warehouse reserves the right to accept or decline a product due to defects based on industry standard practices as allowed by New York State laws.

Disclaimer

The material contained in this website has been checked for accuracy; however, there may be inadvertent technical or factual inaccuracies and typographical errors. Emilio’s Beverage Warehouse Inc. expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained on this website. Information published on this website may refer to products, programs or services that are not available in your state or country. Without limiting the foregoing, the website is provided “AS IS” and without warranty of any kind, either express of implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

If you find a technical or factual inaccuracy, or typographical error, please contact Emilio’s Beverage Warehouse Inc. and the issue will be reviewed and/or revised without any liability.

If any communication from this website is not in conformity with any jurisdiction rules and regulations governing solicitation, advertising, shipping and/or transacting business in such jurisdiction, then such communication and any offers made herein in connection therewith, shall be void to the extent prohibited by law.

Limitation of Liability

Neither Emilio’s Beverage Warehouse Inc. nor any third party involved in creating or delivering the website will be liable for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the website, even if the Emilio’s Beverage Warehouse Inc. has been advised of the possibility of such damages. Emilio’s Beverage Warehouse Inc. may change information contained on the website at any time. All users of the material agree that access to and use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable laws. You assume the full risk and responsibility in using this website. If you are dissatisfied with the website or any content on the website, your remedy is to discontinue using this website.

CALIFORNIA PROPOSITION 65

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to: www.P65Warnings.ca.gov/alcohol