Terms & Conditions

Last updated 10/10/2024

Welcome to Tomorrowcellars.com. This website (“Site”) is owned and operated by New Day Vintners LLC, dba Tomorrow Cellars (“We” or “us”). The following website terms and conditions “Terms and Conditions”) govern the Site. We reserve the right to amend and update these Terms and Conditions from time to time and advise you to refer to these Terms and Conditions whenever to purchase from the Site.

Tomorrow Cellars 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 accessing this Site, you agree to be bound by these Terms and Conditions by accessing or using any part of the Site. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

By visiting our site and purchasing something from us, you engage in our “Service” and agree to be bound by the Terms and Conditions outlined here. These Terms apply to all site users, including, without limitation, browsers, vendors, customers, merchants, and/or contributors of content.

AGE REQUIREMENT

We sell alcohol-removed wine with less than 0.5% alcohol by volume. While there is no legal age requirement to visit this Site or purchase our products, we intend to market only to individuals of legal drinking age: 21 or older.

Any personal information you submit to this Site is governed by the Terms and Conditions outlined here and in our Privacy Policy.

TRANSACTIONS ON THIS SITE

If you use this Site to purchase goods from us, we may require that you open an account and create a username and password. You are responsible for the confidentiality and use of your password. You agree to notify us immediately if you become aware of (a) any loss or theft of your username or password or (b) any unauthorized or illegal use of your username or password.

Our store is hosted on Shopify Inc., which provides us with an online e-commerce platform that allows us to sell our products and services to you.

Any new features or tools added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions 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 after posting any changes constitutes acceptance of those changes.

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 shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and 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, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns and Refunds Policy.

PRICING

Prices for our products are subject to change without notice.

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

DISCOUNT POLICY

Unless clearly stated on an offer, our discounts, promotions, or coupons are not combinable with each other. Our store will utilize the discount code you enter at check out, and that offer will supersede any others in the card.

PRODUCTS OR 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 Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible in the store. However, 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 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.

Although we proudly offer our products and stand by them, we do not guarantee 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. If you are not 100% satisfied with these products, we will refund the purchase subject to our Returns and Refunds Policy up to your purchase price, excluding shipping fees.

INTELLECTUAL PROPERTY AND PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, 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 if you violate any of the prohibited uses.

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include third-party materials. Links to third-party sites are provided solely for your convenience. Using these links will take you away from the Site. These Terms and Conditions and our Privacy Policy do not apply to any website you reach by using these links or otherwise leaving the Site. We are not responsible for third-party websites, content, or available goods and services. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

DISCLAIMER

This Site is provided to you on an “AS IS” and “WITH ALL FAULTS” basis. This means that despite our best efforts, the Site may contain inaccuracies, omissions, errors, or other defects, and you rely on it at your own risk. Tomorrow Cellars makes no warranty, whether express or implied. All warranties, express and implied, are expressly excluded and disclaimed, including but not limited to warranties of merchantability, title, non-infringement, and fitness for any particular purpose. In no event will Tomorrow Cellars be liable for any damages, claim, or loss incurred by you, including but not limited to compensatory, incidental, direct, indirect, special, consequential or exemplary damages or lost profits or goodwill resulting from lost, damaged or misappropriated data, inability to use data, delays, interruptions or computer viruses, irrespective of whether tomorrow cellars knew or should have known of the likelihood of such damages.

This limitation applies to all causes of action in the aggregate, including without limitation, breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and third-party claims. If the warranty exclusion or limitation of liability outlined in these terms and conditions is determined by a court judgment or arbitrator’s written opinion to be unenforceable, you agree that Tomorrow Cellars’s liability will not exceed Tomorrow Cellars’ liability of five dollars ($25.00) USD.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

MISCELLANEOUS

You understand and agree that we may comply with law enforcement requests or subpoenas regarding the use of the Site. Wherever possible, these Terms and Conditions will be governed by the laws and regulations of the state of California.

CONTACT INFORMATION

Questions about these Terms and Conditions should be sent to us via email at contact@tomorrowcellars.com.