Terms of service

Overview

This website is operated by Heritage Cellar. Throughout the site, the terms “we,” “us,” and “our” refer to Heritage Cellar. Heritage Cellar offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Section 1: Minimum Age Requirement

You must be at least 21 years of age to access or use the Site, including purchasing products through the Site. By using the Site, you represent and warrant that you are at least 21 years old. If you are under 21, you are not permitted to use the Site or purchase any products. All alcohol purchases must be signed for by an adult over 21 at the time of delivery.

Section 2: Sale of Alcoholic Beverages

Our role in the transactions contemplated by these Terms of Service is that of a marketer and service provider that enables you, the consumer, to purchase wine and related products from Licensed Retailers, and to participate in the Wine Services and/or any other product offers offered on the Site. You acknowledge that all orders of wine and related products you place through the use of the Site are processed and fulfilled by such Licensed Retailers, as the actual sellers of wine, and not by us. Any wine you purchase through the use of the Site from the Licensed Retailers must be for personal consumption only and not for resale. In the unlikely event that a particular wine is unavailable at the time of shipping, the Licensed Retailer may substitute a wine of similar style and of equal or greater value in your shipment.

Section 3: Payment Terms

For in-stock wines, payment is captured when the order ships. For pre-arrival wines, payment is captured immediately upon placing the order. We accept the following payment methods: Credit & debit cards through Shopify Payments (including Google Pay, Amazon Pay, and Apple Pay), Meta Pay, bank transfers, and PayPal. If there are any billing errors or disputes, please contact us immediately for resolution. Refunds are processed through the same payment method used for purchase and may take up to 7 days to reflect in your account.

Section 4: Shipping and Delivery

We ship within the U.S. only. Orders for in-stock wines are typically shipped within 1 business day, with transit times of 3 to 4 days. Pre-arrival wines generally ship within 2 to 3 months, unless otherwise indicated. All applicable taxes and duties are included in the price, so there are no additional fees required at delivery.

Once an order is placed, customers may request changes—such as updating the shipping address or switching to a pickup location—until the order has shipped. After the order is packed and a tracking number is assigned, it is considered shipped and can no longer be modified by Heritage Cellar. At that point, any changes must be made directly with the carrier:

FedEx Customer Service: 1-800-GOFEDEX

UPS Customer Service: 1-800-PICK-UPS

We strongly recommend selecting a FedEx or UPS pickup location at checkout if you are unsure whether someone will be available to sign for the package at the delivery address. An adult 21+ must be present to sign for all alcohol deliveries, as required by law.

Both FedEx and UPS will attempt delivery three (3) times. If the third attempt is unsuccessful, the package will be returned to us. Customers will then have two options:

Reshipment: We can reship the package to a FedEx or UPS pickup location of your choosing for an additional shipping fee.

Refund: You may request a refund for the cost of the wine only; shipping charges are non-refundable.

Section 5: Arbitration Clause

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including the breach, termination, or validity thereof, shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of arbitration shall be Oakland, California, and the arbitration shall be conducted in English. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Section 6: Limitation of Liability

To the fullest extent permitted by law, Heritage Cellar shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort (including negligence), strict liability, or otherwise, arising from your access to, or use of, the Site or any products or services provided by Heritage Cellar, even if we have been advised of the possibility of such damages.

Section 7: Force Majeure

Heritage Cellar shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, pandemics, or other circumstances beyond its control. In the event of any such delay, the performance of obligations shall be extended for a period equal to the time lost due to the delay.

Section 8: Data Protection and Privacy

We are committed to protecting your personal information. All personal data provided to us is handled in accordance with our Privacy Policy, which details how we collect, use, and protect your information. By using our Site and services, you consent to the collection and use of your data as outlined in our Privacy Policy. We implement security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information.

Section 9: Governing Law

These Terms of Service and any separate agreements whereby we provide you with services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Section 10: Overview, Online Store Terms, and General Conditions

These introductory sections remain as you initially provided, covering general terms for the website, conditions for use, accuracy of information, and other foundational aspects of the Terms of Service.

Section 11: Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 12: Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Section 13: Products and Services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 14: Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

Section 15: Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Section 16: Third-Party Links

Certain content, products, and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 17: User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 18: Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

Section 19: Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 20: Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 21: Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Heritage Cellar, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 22: Indemnification

You agree to indemnify, defend, and hold harmless Heritage Cellar and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 23: Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 24: Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 25: Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 26: Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.

Section 27: Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 28: Contact Information

Questions about the Terms of Service should be sent to us at hello@heritagecellar.com.

Our contact information is posted below: Earth Labora, LLC dba Heritage Cellar 1111 Broadway, Suite 300, Oakland CA 94607 United States

Section 29: En Primeur Policy

Our En Primeur offering allows you to purchase wines while they are still aging in the producer’s cellar, securing allocations before they are bottled and released to the wider market. When placing an En Primeur order, you are paying only for the cost of the bottle at the time of purchase. Shipping charges, applicable tariffs, and taxes will be invoiced separately once the wines are ready for delivery to the United States.

Upon receiving your En Primeur order, we will secure the requested wines on your behalf. Once the wines are prepared for shipment to the U.S., typically in September or October following the vintage release, we will contact you to confirm your shipping information and provide a final invoice for any additional charges related to shipping and tariffs.

Please note:

Shipping and tariff costs are not included in the initial bottle price and will be billed separately.

We are unable to estimate shipping and tariff costs at the time of the initial order due to variability.

Wines will not be shipped until the final invoice for shipping and tariffs is paid in full.

By placing an En Primeur order, you acknowledge and agree to these terms. Heritage Cellar is not responsible for delays due to shipping logistics, regulatory changes, or unforeseen circumstances affecting the arrival timeline.