Acker, Merrall & Condit Company
Retail Conditions of Sale
 
1. General: Acceptance of these Conditions of Sale
 
Dear Customer,
 
We appreciate your business. By purchasing from Acker, Merrall & Condit Company (AMC) online via its website www.ackerwines.com, by e-mail or by phone, you agree to these Retail Conditions of Sale (the “Conditions”) for all of your purchases of wine from AMC. These Conditions are subject to modification or revision without notice and at any time, in AMC’s sole discretion. Your continued use of this website constitutes acceptance of such modified or revised Conditions.
 
2. Legal Age Requirement, Verification and Photo Identification
 
It is a legal requirement in the United States that wines and alcoholic beverages may only be sold and delivered to persons aged 21 or older. By ordering from AMC’s website, by phone, by e-mail or in person, you affirm that you and any intended recipient are at least 21 years of age.
 
If collection is made in person, photo identification containing proof of age must be provided. If someone else is picking up an order on your behalf, AMC will only release your purchase to such other person if AMC is notified in advance of the identity of the person collecting the order in writing via the above e-mail address or fax number.
 
First time purchasers may be required to provide a copy of a valid form of identification for AMC’s records. This can be sent to AMC via fax, e-mail or delivered in person to the address provided above.
 
IMPORTANT NOTICE: Federal and State regulations also require that a person of at least 21 years of age be physically present to sign for any delivery containing alcohol. Federal regulations further prohibit shipment of alcohol to post office box addresses. We therefore recommend that you ship to a residential or business address.
 
If an order is returned to AMC because satisfactory proof of age was not provided, you will be responsible for paying all resulting shipping charges.
 
3. Purchasing and Payment
 
Payment is due upon receipt of invoice or order confirmation. Orders shall be shipped, delivered or released for collection as directed by you and only upon receipt of full payment for the order and all related fees and expenses. AMC accepts cash, checks, money orders, wire transfers and MasterCard, Visa and American Express credit cards. AMC reserves the right in its sole discretion, to cancel any order at any time prior to payment.
 
4. Collection, Delivery, Shipping and application of Sales Tax
 
(a) In-Store Collection
 
You may collect wines from AMC’s retail store in New York. To do so please select “In Store Pickup” at checkout. Please specify your desired date of collection at checkout, and AMC will do its best to confirm your specified date of collection, subject to availability of your order. Orders must be collected within 48 hours of the specified collection date, after which time the wines will be transferred to AMC’s warehouse and AMC reserves the right to assess a $50 transfer fee, and/or cancel the order at its discretion.
 
Please make arrangements for pickup by calling AMC at +1 212 787 1700 or by e-mailing store@ackerwines.com for retail store inquiries or rarewine@ackerwines.com for fine and rare inquiries. Wine may be picked up at AMC’s Manhattan store at 160 West 72nd Street, New York, NY 10023.
 
(b) Local Delivery
 
Upon request, and in its sole discretion, AMC will deliver retail purchases within Manhattan.
 
(c) Shipment
 
(i) Title to and ownership of alcoholic beverages passes from AMC to you in New York, and you take all responsibility for the product being transported from New York to your selected destination. You may pick up the product at AMC’ location (See Section 4(a)In-store Pickup) or make independent delivery arrangements. New York sales tax will be applied in all cases except where a permit issued by the state of ultimate delivery requires the payment sales tax in that jurisdiction, in which case that state’s sales tax rate will be applied as set forth below. AMC makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. You warrant that you are solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to your chosen destination.
 
(ii) For orders going to states in which AMC is licensed or has a direct to consumer shipping permit, title to and ownership of the product passes from AMC to you in New York, and sales and other applicable taxes will be applied based on the requirements of the destination state.  By placing an order, you authorize AMC to act on your behalf in arranging for transportation of the product at your direction. Alternatively, you may pick up the product at our location, or make independent shipping arrangements.  For any product picked up at our location, New York sales tax will be applied.
 
(iii) ) We make no representations about the legality of shipping alcoholic beverages. You are responsible for compliance with all laws regarding such shipments. By arranging for transportation of the alcoholic beverages, AMC is providing a service to, and acting as your agent. By utilizing this service from AMC 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..
 
(d) Order Processing Time
 
Orders are generally processed and shipped within five (5) business days of purchase. However, various factors may delay shipments beyond this time. Special shipping requests such as rush orders, must be made on phone or by e-mail, and are subject to confirmation.
 
5. Delivery Attempts
 
AMC will make one (1) attempt to deliver purchases. If any order is returned, AMC will contact you to inform you of the return, however AMC reserves the right to return the order to stock and credit your account, minus the cost of shipping. Please contact AMC at store@ackerwines.com if you need to make special arrangements for retail store purchases, or rarewine@ackerwines.com for fine and rare.
 
Shipment by common carriers typically include three (3) delivery attempts, after which your order will be returned to AMC.
 
6. Returns and Cancellations
 
All sales are “as is”, and are final from the time you place your order, regardless of whether the purchased items are still in AMC’s possession or in transit to you, and regardless of whether AMC is able to provide assistance with making shipping arrangements. Returns and cancellations are not permitted except in situations where there is a material shipping or inventory error and where the issue is reported within ninety (90) days, in which case the matter will be resolved on a case-by-case basis.
 
7. Bottle Conditions and Variations in Pricing
 
To the best of AMC’s knowledge, all wines have been kept in proper storage conditions while in AMC’s possession. Every bottle has been inspected and described as accurately as possible at the time the wines were added to AMC’s retail inventory. However, buyers of older and more fragile wines must make proper allowances for natural variations of ullage and general condition. Wines less than 10 years of age can be assumed to be in generally excellent condition unless otherwise indicated.
 
 
8. Insurance
 
AMC makes domestic shipments to customers with which it enters shipping arrangements, and which shipments are made under AMC’s or the customer’s shipping account, as applicable. AMC’s insurance covers any loss due to breakage or theft that may occur while your order is in the possession of a common carrier. It does not cover loss resulting from confiscation, or damage resulting from extreme hot or cold temperatures due to long periods of broken down refrigeration or during non-refrigerated transit or transit undertaken without proper insulation against the elements. If you receive purchased property that has been broken during transit, you must notify AMC in writing within three (3) days of the delivery of the property. In the event of non-arrival, you must inform AMC in writing within three (3) days of expected delivery so that we may process your claim.
 
9. Weather Conditions
 
AMC reserves the right to not ship wine if the temperature at the time of shipping is over 80 degrees Fahrenheit or below 30 degrees Fahrenheit, unless you, in writing, agree to assume all responsibility and risk of damage to the shipment arising from extreme temperatures.