- Manifesting of wine to be added to storage:
Please see Inventorying of wine picked up or dropped off. The definitive record of Vinfolio's inventory process of Customer wine to be added to storage shall be reflected in the Storage Activity report which is updated daily and accessible online by Customer in the My Account area of the Vinfolio site (after signing in). Should Customer believe there to be a discrepancy in what he/she believes was provided to Vinfolio and what is reflected on this report, Customer must submit an explanation detailing the discrepancy in writing within 45 days of the pick-up/receipt date by Vinfolio. An investigation will be commenced in an attempt to resolve the matter promptly.
Any customer with concerns on transferring wine to storage under the above terms should either contact Customer Service to gain comfort with our procedures and security precautions; consider Vinfolio's on-site inventory service (for a separate fee) where Customer might also supervise the inventory process in person; or decline to use Vinfolio's storage service.
Vinfolio's storage service is managed on behalf of Customer. This approach requires that any wine presented for storage at a Vinfolio facility be inventoried according to Vinfolio's procedures. By default, all wine (including wine in original wooden cases) will be inventoried and bottle and case barcode labels applied. Certain limited exceptions may be made at Vinfolio's sole discretion (such as banded DRC cases). If an exception is made, the contents of a carton will be assumed to be the wine, bottle size, and quantity as marked on the box for purposes of adding the wine to Customer's VinCellar account. Vinfolio accepts no responsibility for the actual contents of wine in any such unopened cartons.
- Errors in inventory or allocation of wine to Customer accounts:
Despite best efforts, errors may occur. Should Customer or Vinfolio discover a potential error in wine attributed to Customer's storage account or in the allocation of wine to the correct Customer account, each agrees to promptly notify the other party to rectify the matter based on the facts and circumstances of the situation. If the wine in question is still in Vinfolio's custody, Vinfolio will make such adjustments and all such changes will be reflected in Customer's Storage Activity report (which shall serve asVinfolio's notification to Customer of the error). If the wine has been removed from Vinfolio by the incorrect owner, Vinfolioreserves the right to pursue all necessary steps to recover the wine on behalf of the rightful owner, includingwithout limitation legal remediessuch as the filingof a stolen property report with the police if such wine is believed to have been knowingly removed by the incorrect owner.
- Cost of adding and withdrawing wine:
There is no charge to add or remove wine to a storage account except as described in the following sentence: For wine that was not purchased from or through Vinfolio, but which enters Vinfolio's storage and is pulled out of storage within 6 months of the initial entry date, there will be an early exit fee of $1.25 per bottle (of any size). This early exit fee is waived for Vinfolio priority customers and when wine is being removed from storage via Vinfolio's fixed-price auctions or Marketplace.
- Ownership & tax paid representation:
Customer represents and warrants that he/she is the sole owner or otherwise is legally entitled to submit wine to Vinfolio for the provision of Vinfolio's services described hereunder; and all wine placed in the custody of Vinfolio is not subject to any encumbrance or lien that may prevent or restrict Customer from submitting the wine to Vinfolio for the provision of services described hereunder. Customer represents and warrants that all wine presented for storage is in out-of-bond, i.e. "tax-paid" status, and that Customer has obtained any and all necessary permits, if any, to store such wine at a Vinfolio facility.
- Billing metrics:
Storage is billed monthly and is based on the average daily balance of standard 9.0L case equivalents stored with Vinfolio. The monthly average balance will be rounded up to the nearest full-case equivalent. Wine withdrawn or deposited at any time during a day is charged for a full day. Storage is billed in arrears and is considered due on the 5th day of each following month.
- Purchase of storage units:
Wine storage is paid for with storage units. Each storage unit entitles Customer to store one standard case of 9.0L (12 x 750ml, 6 x 1.5L, etc.) wine for one month plus any required inventorying and handling services (in/out services) except for early exit fees as described in cost of adding and withdrawing wine. Customers may obtain discounts on storage units by purchasing them in bulk (as described on our site) and keeping such units on account. Pricing for storage units is governed by the quantity purchased in a single transaction based on the price list then in effect.
Storage units are non-transferable, non-refundable and do not expire. The value of a storage unit may not be used to pay for other products and services purchased from Vinfolio. Storage units on account will be decremented in arrears on the 5th of every month for the previous month's usage and the remaining balance will appear on Customer's monthly online billing statement. Should Customer have insufficient storage units on account, the credit card of record will be charged for the minimum purchase amount (10 storage units) to satisfy the open balance.
- Carton replacement:
Vinfolio may, at its sole discretion, repack wine into Vinfolio storage cartons if such wine is picked up or arrives in Styrofoam shippers or in cartons that are faltering or damaged (in Vinfolio's sole judgment). Customer will be charged for materials based on Vinfolio's current carton price schedule.
- Assumption of Risk:
Customer acknowledges that the storage of wine by Vinfolio is subject to risks of loss that are outside of the control of Vinfolio, including, without limitation, failure of temperature control systems, vandalism, employee and/or third party negligence, mishandling, inadequate packaging, insect or rodent infestation, cork deterioration, cork-fly, contamination, discoloration, inherent vice, ullage, quality of the wine, insurrection, riot, strike, terrorism, seizure, civil unrest, and acts of God. Customer further acknowledges that Customer has been advised of the risk of loss, and has further been advised to obtain appropriate insurance to compensate Customer for any losses arising from damage to or loss of the wine, including such damage or loss as may arise before, during, and/or after delivery of the wine to Vinfolio for storage and/or sale. By delivering wine to Vinfolio for storage or sale, and except for loss or damage arising from the gross negligence or intentional misconduct Vinfolio, its agents, representative, or employees, CUSTOMER HEREBY EXPRESSLY AND SPECIFICALLY ASSUMES ALL RISK OF LOSS OR DAMAGE TO THE WINE ARISING FROM THE HANDLING, STORAGE, AND TRANSPORTATION OF THE WINE WHILE IN THE POSSESSION OR CONTROL OF VINFOLIO.
- Exclusion and Limitation of Liability:
EXCEPT WITH RESEPCT TO LOSS OR DAMAGE ARISING FROM THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF VINFOLIO, ITS AGENTS, REPRESENTATIVES, OR EMPLOYEES, IN NO EVENT SHALL VINFOLIO BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, ANY HANDLING, STORAGE, OR TRANSPORTATION OF THE CUSTOMER'S WINE AFTER DELIVERY OF POSSESSION OR CONTROL THEREOF TO VINFOLIO OR TO VINFOLIO'S AGENTS, REPRESENTATIVES, OR EMPLOYEES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF VINFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. BECAUSE SOME STATES/COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. NOTWITHSTANDING, AND WITHOUT LIMITING, THE FOREGOING, THE TOTAL LIABILITY OF VINFOLIO FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO VINFOLIO ON ACCOUNT OF THE STORAGE OF THE LOST OR DAMAGED WINE.
Customer understands that Vinfolio is not required to carry or maintain insurance coverage for any loss or damage arising from or during Vinfolio's handling, storage, and/or transportation of Customer's wine. Vinfolio makes no representation that it will acquire or maintain any such insurance coverage, or that any such insurance coverage is or will in the future be in effect. Vinfolio has advised Customer to acquire adequate and appropriate insurance for such purposes, and Customer is expected and encouraged to acquire and maintain insurance to indemnify Customer from any losses that may occur with respect to the wine before, during, and after delivery of the wine to Vinfolio for storage and/or sale. Notwithstanding the foregoing, Vinfolio, its agents, representatives, and employees do not recommend any underwriters of such insurance, and the delivery to Vinfolio of any list of available insurance underwriters providing wine insurance coverage does not constitute an endorsement or recommendation of any such insurance providers.