ODYSSEYWINE.COM ("Website or Site") is owned and operated by Odyssey Wine & Spirits, Inc. ("the Company"). The following Terms and Conditions apply to the use of this Website as well as all transactions conducted through the Site. Your use of the site constitutes your acceptance of the Agreement and our Shipping Policy and Privacy PolicyThis agreement contains disclaimers of warranties and liability and exclusive remedies.

LEGAL AGE AND LAWFUL USE. You must be and represent that you are at least 21 years of age to use this Website. When you order any products from this Website, you officially certify under penalty of perjury that you and your recipient are both of legal age. It is a crime to intentionally misrepresent your age or that of the recipient, and if you do so we will fully oblige in any prosecution. You agree not to use the Site in any way that is unlawful.

WEBSITE INFORMATION. The Site is provided by the Company on an "AS IS" basis. While every effort is made to be as accurate as possible, neither the Company nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the Website. If a product offered on our Website is not as described in the Title Description, your sole remedy is to return it for an exchange, credit or refund. In the event that an item is listed at an incorrect price (all prices are listed in United States dollars, unless otherwise specifically stated) or with incorrect information due to typographical error or error in pricing, we shall have the right to refuse or cancel any orders placed for that item. If your credit card has already been charged for the purchase and your order is cancelled we will immediately issue a credit to your credit card account in the amount of the charge. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website. If you find an error or omission at this Site, please Contact Us.

DISCLAIMER OF WARRANTIES. The company disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and any warranties of title, non-infringement, and warranties or conditions that access to or use of the site will be uninterrupted or error free. The Company does not warrant that the Site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. No advice, results or information, whether oral or written, obtained through the Site shall create any warranty not expressly made herein.

LIMITATION OF LIABILITY. In no event shall the Company or any of its employees, agents, affiliates, or content or service providers be liable for any damages of any kind arising from the use of this Site, including without limitation direct, indirect, incidental, punitive and consequential damages, even if the Company or an authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the Company’s total liability to you for all damages, losses and causes of action (whether or not in contract, tort (including without limitation negligence), or otherwise) exceed the amount paid by you, if any, for accessing this or any other company Site. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. This exclusion of damages is independent of the exclusive remedy and shall survive in the event that such remedy fails of its essential purpose or is otherwise deemed unenforceable.

USER INFORMATION. In the course of your use of the Site, you may be asked to provide certain information to us (such information referred to hereinafter as "User Information"). Information collection and use policies with respect to such User Information are set forth in the Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information. If you provide any information that is untrue, inaccurate, not current or complete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

ORDER ACCEPTANCE POLICY. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed over five-hundred U.S. dollars ($500) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance policies. We may at our sole discretion require additional verification or information before accepting any order.

RISK OF LOSS. The buyer assumes title of goods to be shipped once they leave our premises. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

REFUNDS AND RETURNS. No cash refunds or credit can be issued. Per the NY State Liquor Authority, we cannot accept the return of liquor or wine purchased by a customer in error. We can accept the return only if the merchandise is defective in quality. Defective merchandise may be returned for exchange of product(s) of equal value upon presentation of the following: sales receipt, original bottle (with wine to be evaluated) and cork or screw cap. The bottle should be sealed and tagged with a statement as to reason for its return within 15 days of receipt of delivery.

COPYRIGHTS. All content, including without limitation graphics, logos, text, images and other features, appearing on the Site, are the copyrights, trademarks and other intellectual property owned, controlled or licensed by the Company or third parties. This content is protected by copyright separately and as a collective work or compilation under U.S. and international copyright law and is the property of the Company, its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.

LINKS FROM AND TO THE SITE. This Site contains links to additional resources. The Company does not have any control over, and, therefore, is not responsible for, the content or availability of these other resources. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all previous written or oral agreements of the parties with respect to such subject matter. No waiver by either party of any breach or default by the other shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of laws rules.

AGREEMENT MODIFICATION. The Company reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions without notice. Your continued use of the Site after any such changes constitutes your agreement to such changes. The Company further reserves the right to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, prices, content, features or hours of availability, and other information on the Site at any time without notice. The posting of prices and other terms of sale shall not constitute a binding order to sell product on such terms. Please check these terms periodically for changes.

GOVERNING LAW. The Terms and Conditions and the relationship between you and The Company shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and The Company agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You and The Company each agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.