Terms and Conditions

Acceptance of Terms and Conditions

Welcome to KLWines.com. BBCK Enterprises, dba K&L Wine Merchants, is a California corporation and operates this Website. HJG Liquor Inc, dba Park Avenue Liquor Shop, is a New York corporation. For purposes of these Terms and Conditions, "Company," "we," or "us" refers to BBCK Enterprises (CA) for California sales and services transacted through KLWines.com and to HJG Liquor Inc (NY) for New York sales and services transacted through KLWines.com, as applicable to the transaction. These Terms and Conditions, together with any documents incorporated by reference (collectively, the "Terms"), govern your use of KLWines.com (the "Website" or "Service").

Please read these Terms carefully, as they set forth your legal rights and obligations. In particular, you agree to observe all applicable laws and regulations in all activities undertaken using KLWines.com.

By using this Website, you affirm you are 21 or over. We do not sell or deliver alcohol to persons under the age of 21. By using this Website, you acknowledge both that your are 21 or over, and that any recipient of alcoholic beverages obtained through KLWines.com is 21 or over.

You further affirm you are legally able to use this Website and Services and to form a binding contract in your jurisdiction. Laws differ by country, state, and locality regarding the shipment, delivery, importation, and consumption of alcoholic beverages; you are solely responsible for ensuring your compliance with all applicable laws before using the Services.

If you cannot agree to these Terms, do not access or use the Website.

Certain features or products may be subject to additional terms and policiesv, including pricing, auctions, and storage policies, which are incorporated by reference when you use those features.

By registering an account or using KLWines.com, you agree to be bound by these Terms.

KLWines.com Service and Pricing Terms

Subject to the policies available through our Service and Pricing pages, KLWines.com offers selected wines and spirits for purchase, in addition to features such as Auctions, Sommelier and Wine Club subscriptions, and Wine Locker and Wine Storage services.

Fees and Charges

Payments for products and services are processed by a third-party payment processor. You may be required to provide payment information and accept the processor's terms. Your account may incur fees at published rates or as described on the Website.

Terms of Sale (Title, Fulfillment & RareStorage)

By placing an order, you agree to these Terms of Sale.

Title & Ownership. For all transactions with K&L Wine Merchants or Park Avenue Liquor Shop, title to and ownership of alcoholic beverages pass to you in the U.S. state of fulfillment—either California or New York—when the order is tendered to RareStorage or made available for pickup. Sales tax is assessed in that fulfillment state.

RareStorage Relationship. After title passes, your personal property may be transferred to RareStorage "RareStorage" for appearance in your RareStorage Vault as described below in Unclaimed Property - Storage Fees. You may pick up your items or work directly with RareStorage for storage and logistics on your behalf. Neither Company nor RareStorage makes any representation regarding the legality of delivery or import into any jurisdiction. You are solely responsible for compliance with applicable laws and for any taxes/duties due at your destination.

Order Acceptance & Cancellation. Your receipt of an order confirmation does not signify acceptance. We may accept, decline, or limit any order after receipt, whether or not payment has been processed. If payment has been processed for an order we cancel, we will issue a prompt refund. Once placed, orders generally cannot be canceled unless shipment or fulfillment is unavoidably delayed, in which case we will use reasonable efforts to cancel on request.

Personal Use. You agree that alcohol purchased through KLWines.com is for personal consumption and not for resale.

Returns & Refunds

Because we sell alcoholic beverages, returns are restricted by law. We can accept a return only where a product was purchased in error, or arrived damaged or defective. We are unable to accept returns for other reasons.

Please contact our Customer Service team before returning any item so we can authorize the return and arrange the best way to handle it. Returns must be authorized in advance.

• If a return is authorized and your payment has already been processed, a 5% restocking fee may apply.
• If the return is the result of our error — for example, the wrong item shipped, or a damaged or defective product — no restocking fee applies and we will make it right.

Payment Terms, Tariffs, and Sales Taxes

Payment terms are as published. Payment must be received (via our designated processor) in an amount sufficient to fund your purchase.

When providing payment information, you affirm that (i) the information is true, correct, and complete; (ii) charges will be honored by your payment provider; (iii) you will pay charges at posted prices, including all applicable taxes and tariffs; and (iv) you will not initiate chargebacks without first contacting us to attempt resolution.

Shipping and handling charges, (if applicable) follow our then-current policies posted on the Website.

Changes in Products and Pricing

We continually update our products and services and may discontinue or modify offerings at any time without notice. offerings at any time without notice. Information on product availability is informational only; we are not liable for lack of availability. Pricing is subject to change, and we may adjust prices due to market conditions, product changes, manufacturer price changes, advertising errors, or other circumstances. Auction pricing is determined and published according to the Auction feature's terms.

Advertising Disclaimer and Trademarks

All trademarks and registered trademarks relating to products and services available through the Website are the property of their respective owners. Product photos and logos are used with permission or as provided by manufacturers or distributors.

Changes to These Terms

We may revise and update these Terms at any time in our sole discretion. Changes are effective immediately upon posting and apply to all access and use thereafter.

Accessing the Website and Account Security

We may withdraw or amend the Website, or any service or material, without notice. We will not be liable if all or any part of the Website is unavailable at any time for any period. We may restrict access to some parts of the Website or to registered users.

You are responsible for:

• Making all arrangements necessary for access to the Website.
• Ensuring anyone who accesses the Website through your connection is aware of and complies with these Terms.
• Providing accurate, current, and complete registration information. Your use of Registration Data is governed by our Privacy Policy.
• Maintaining the confidentiality of your username, password, and other security information, and for all activities under your account. Your account is personal to you.

We may disable any account credentials at any time for any or no reason, including violations of these Terms.

Intellectual Property Rights

The Website and its contents, features, and functionality (including information, software, text, displays, images, video, audio, and their design/arrangement) are owned by the Company, its licensors, or other providers and are protected by U.S. and international laws.

Trademarks

The Company name, KLWines.com, and related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates/licensors. You must not use such marks without prior written permission. All other names and marks on the Website are the trademarks of their respective owners.

Acceptable Use Policy

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable federal, state, local, or international law or regulation (including export laws).
• Disable, overburden, damage, or impair the Website or interfere with others' use (including real-time features).
• Use robots, spiders, or other automated means to access, monitor, or copy material on the Website, or use manual processes without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website; introduce viruses, worms, logic bombs, or other harmful material; or attempt unauthorized access to the Website or connected systems.
• Post or link to content that is harmful, obscene, pornographic, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable; or that harasses, victimizes, degrades, or intimidates on the basis of a protected characteristic.
• Post or link to defamatory, false, or libelous material; or material that infringes intellectual-property or other rights.
• Post personal information (e.g., SSN, full account numbers) of others without authorization.

We may suspend, terminate, or restrict accounts at registration or thereafter for violations or attempted circumvention of these Terms. We may take remedial action at our discretion but are not obligated to do so. We do not undertake to review material before posting and cannot ensure prompt removal of objectionable material. We assume no liability for actions or inaction regarding transmissions or content provided by users or third parties.

Copyright Infringement (DMCA)

If you believe your work has been copied in a way that constitutes copyright infringement, send a notice to our DMCA Agent including:

Reliance on Information Posted; Third-Party Content

We do not warrant the accuracy, completeness, or usefulness of information or postings provided. Any reliance is at your own risk. To the extent the Website includes content provided by third parties or users, we are not responsible or liable for such content's accuracy.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITATION, WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; SOME LIMITATIONS MAY NOT APPLY TO YOU.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (E.G., PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, BUSINESS, GOODWILL, DATA), EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; SOME LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Website and Services.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, without regard to conflict- of-law principles. You consent to exclusive jurisdiction and venue in the state and federal courts located in San Mateo County, California; provided, however, that the Company may elect to bring an action relating to New York store operations or NY-fulfilled transactions in the state or federal courts located in New York County, New York.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE IT IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision is held invalid, illegal, or unenforceable, it shall be limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.

Entire Agreement

These Terms, the Privacy Policy, Acceptable Use Policy, and any other policies referenced on this page constitute the entire agreement between you and KLWines.com regarding the Website and supersede all prior and contemporaneous understandings or agreements.

Unclaimed Property — Storage Fees (K&L + RareStorage)

Our partner RareStorage provides storage services in California and New York for products sold through K&L Wine Merchants and Park Avenue Liquor Shop, including items awaiting pickup, local delivery, or longer-term storage.

• For in-stock items, title passes to you in the fulfillment state (CA or NY) when your order is tendered to RareStorage or made available for pickup.
• For pre-arrival/futures, title passes once your purchased physical goods are received and landed and then tendered to RareStorage or made available for pickup in the fulfillment state.

In all cases, RareStorage provides complimentary storage for up to 60 days after title passage. If an item remains beyond 60 days, per-bottle, per-month storage fees apply at RareStorage's posted rates. Temperature-controlled storage is available and recommended for long-term cellaring; standard (room-temperature) areas are not suitable for long-term storage. As of this draft, temperature-controlled RareStorage (55–60°F) is $0.40/bottle/month in lay-down boxes, and standard storage (~70°F) is $0.25/bottle/month in stand-up boxes. Fees and offerings are subject to change.

SMS Terms

Your Comments and Concerns

This Website and Services are operated by:

BBCK Enterprises dba K&L Wine Merchants
3005 El Camino Real, Redwood City, CA 94061

For Website feedback, technical support, or other communications: [email protected].

Thank you for visiting KLWines.com