Terms & Conditions
Welcome to https://www.firstbottlewines.com the website for First Bottle. The terms “First Bottle,” “https://www.firstbottlewines.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
Last Updated: October 27th, 2023
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of this site's owner or its content/software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
By placing an order on the lastbottle.com website, you submit that you are 21 years of age or older, and that you understand and agree to the Alcohol Beverage Control laws in your state.
The information contained in this website is for general information purposes only. The information is provided by First Bottle and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is therefore strictly at your own risk.
Dispute Resolution; Arbitration Provision
In the event of any claim or dispute between you and First Bottle related to your use of this website, your purchase of any goods or services from First Bottle, or any representations or statements by First Bottle to you, whether such claim arises out of statute, contract or tort, the claim or dispute shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party. Further, all such claims may be brought on an individual basis only, and not by way of class, collective, or representative action. Such disputes include without limitation disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision.
The parties shall agree on a single Arbitrator to resolve the dispute. The matter may be arbitrated either by the Judicial Arbitration Mediation Service or American Arbitration Association as selected by the party filing the claim. The arbitration shall be conducted in California or in the same city as the U.S. District Court closest to your billing address at the option of the party requesting arbitration. Any decision of the arbitrator shall be final and may be entered as a judgment in any court of competent jurisdiction. Unless the law requires otherwise, you and First Bottle will equally share in the cost of arbitration and each party shall bear its own attorneys fees and costs.
This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration and constitutes a waiver of your right to have your dispute resolved by a jury or in any other forum. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying First Bottle in writing of your desire to opt out of this Arbitration Provision within thirty (30) days of the date of your agreement to First Bottle Terms of Service, including this Arbitration Provision.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. If any portion of this Arbitration Provision, or the rules of the Judicial Arbitration Mediation Service or American Arbitration Association, are determined by the Arbitrator or by any court of competent jurisdiction to be unlawful, invalid or unenforceable, such portions shall be severed or modified so that this Arbitration Provision may be enforced to the greatest extent permissible under the law.
You agree not to do any of the following while using the firstbottlewines.com site:
- Intentionally or unintentionally violate any applicable law or regulation.
- Access, tamper with, or use nonpublic areas of the firstbottlewines.com site or First Bottle computer systems.
- Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
- Frame or link to the firstbottlewines.com site except as permitted in writing by First Bottle.
The Sale of Alcoholic Beverages
First Bottle does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. First Bottle makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from First Bottle is over the age of 21. You also agree that any alcohol purchased from First Bottle is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 First Bottle may prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all wine passes from First Bottle to the purchaser within the State of California. Purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, First Bottle is providing a service to, and acting on behalf of the purchaser. By utilizing this service from First Bottle, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this firstbottlewines.com site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of First Bottle. First Bottle neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this firstbottlewines.com site by anyone other than authorized First Bottle employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, First Bottle hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. First Bottle does not sponsor or endorse any of these companies or their services.
The firstbottlewines.com site may contain links to other websites or resources. You acknowledge and agree that First Bottle is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the firstbottlewines.com site does not imply that First Bottle endorses the linked site.
First Bottle reserves the right to change these terms and conditions from time to time at its discretion.
No Responsibility to Sell Mispriced Products or Services
First Bottle shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. First Bottles shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, First Bottle shall immediately issue a credit to your credit card account in the amount of the charge or offer a store credit.
You may invite family and friends to our site as a way to promote the site and earn referral credits. Please be aware of the following rules around referrals:
Account credits are applied automatically, but will be revoked anytime we suspect malicious activity. Orders will be canceled and accounts banned if we see anyone abusing the invite system.
- It is against the spirit of our program to promote the referral credit as a "one-time freebie," and any accounts found exploiting credits in this way will be subject to a ban.
- You may not open multiple accounts to acquire referral credits. If our system detects that an account has utilized the same credit card or shipping address for a referral order, both accounts will immediately be suspended pending review.
If we find a customer has done any of this, their account will be subject to a suspension and all associated orders will be canceled. We have the last judgment if we feel the system is being abused.
Mobile Terms of Service
By consenting to First Bottle’s SMS/text messaging service ("Service"), you agree to receive recurring SMS/text messages from and on behalf of First Bottle through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include shipping alerts and account updates (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders), including 1-on-1 messages with our sales staff.
Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with First Bottle. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other First Bottle mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Due to the recent Supreme Court ruling (Wayfair) on sales tax, First Bottle will now collect appropriate sales tax on all orders, regardless of where customers are shipping their purchases.
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
All terms and conditions are applicable to the extent permitted by law.