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Terms of Service

SHIPPING

We hereby inform you that we are able to ship online wine orders within the state of Texas via FedEx. Currently, we are unable to ship to other states or internationally.

The shipping rate will be determined based on the weight of the package and the speed of the selected shipping service. Upon packaging the order, we will provide tracking information via email. All orders must be signed for by an individual over the age of 21; consequently, we are unable to deliver to addresses that lack a legal signee, such as PO Boxes. Most carriers will attempt delivery up to three times, after which the shipment will be returned to us. Should a shipment be returned, an additional shipping charge will apply for re-shipment. Please make arrangements with FedEx if you need to request for them to retain the shipment at their local office for pickup at your convenience.

Once shipped, we assume no liability for any damage that may occur during transit, including breakage or damage due to exposure to extreme temperatures. Please be aware that shipping during warm months increases the risk of heat damage, and it is the customer's responsibility to consider weather conditions when placing an order for shipment and to arrange any additional insurance as per our shipping policies. Due to the perishable nature of wine, returns or refunds will not be accepted once a shipment has been delivered.

If your order is intended as a gift, please email us at wine@blindbishop.com to include a personalized note. Please note that the recipient must be 21 years of age or older to accept the delivery.

USER AGREEMENT

Welcome to the Internet Sites of City Wine Dallas LLC DBA Blind Bishop (called the “Sites”). These terms and conditions, together with our Privacy Policy, govern your use of and other online information services operated or provided by Blind Bishop. By using these websites and any emails or communications received from Blind Bishop (collectively called the "Services"), you consent and agree to these terms and conditions.

We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone under the age of 21. By using this site, you represent that you are over the age of 21. Additionally, by using the Sites, you represent that the person placing an order, picking up an order at our store, or receiving a shipment of alcoholic beverages is over the age of 21.

Your representations are critical to your right to use the Sites. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we may take action to prevent you from accessing the Sites and report your misrepresentation to the appropriate authorities.

PLEASE NOTE THAT YOUR USE OF THE BLIND BISHOP SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS BLIND BISHOP SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE BLIND BISHOP SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY BLIND BISHOP FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE BLIND BISHOP SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

PURCHASING POLICIES

If you have not picked up your order within 14 days of placing it, we will attempt to notify you by contacting you with the information provided at the time the order was made. If we do not receive a response, we reserve the right to cancel the order, return the products or other goods, and issue a credit to the card used to place the order in the amount of the charge corresponding to the intended purchase minus a 3% finance charge and a non-refundable restocking fee of fifteen dollars ($15.00).

You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.

REFUND AND RETURN POLICY

If you are not satisfied with your purchase, please contact us at wine@blindbishop.com directly to request a replacement or a refund. Any product you return must be unopened, in its original condition, and in its original packaging.

If an order needs to be canceled, please contact us at wine@blindbishop.com directly. Cancelled orders may be subject to a 3% finance charge to process a refund and a $15 restocking fee. No refunds will be issued for orders after six (6) months of pick-up. Due to the perishable nature of wine, returns or refunds are not available for wines that have been shipped and delivered.

USER OBLIGATIONS

You agree not to do any of the following while using the Blind Bishop Site:

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the Blind Bishop Site or Blind Bishop's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Blind Bishop Site except as permitted in writing by Blind Bishop.

COPYRIGHT

The compilation (meaning the collection, arrangement and assembly) of all content on the Blind Bishop websites is the exclusive property of Blind Bishop, and is protected by U.S. and international copyright laws. Blind Bishop and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, ("Content") of the Services are copyright by Blind Bishop. Unless otherwise explicitly stated by Blind Bishop, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Blind Bishop.

PROTECTION OF CONTENT PROVIDED BY BLIND BISHOP AND ITS LICENSORS

All text, graphics, logos, icons, images, audio clips and software on the Blind Bishop Site ("Site Content") are copyrighted materials owned by or licensed to Blind Bishop or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by Blind Bishop and its affiliates and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Blind Bishop, its affiliates, or third parties. "Blind Bishop" is a trademark of Blind Bishop. Unless authorized in writing by an officer of Blind Bishop, Blind Bishop's trademarks may not be used in connection with any product or service that is not Blind Bishop's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blind Bishop. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Blind Bishop or the rights holder. You may not use the Site Content on any other website or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Blind Bishop Site. Nothing contained in the Blind Bishop Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Blind Bishop, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Blind Bishop, its affiliates, and/or any third party, as applicable.

CORRESPONDENCE AND COMMUNICATION

Blind Bishop reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Blind Bishop may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Blind Bishop. You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Blind Bishop any information that (i) restricts or inhibits any other user from using or enjoying Blind Bishop, (ii) in Blind Bishop' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

NOTICES

Blind Bishop will give you any necessary notices by posting them on the Blind Bishop Site. You authorize Blind Bishop to send notices via electronic mail as well if Blind Bishop decides, in its sole discretion, to do so. You agree to check the Blind Bishop Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Blind Bishop Site.

DISCLAIMER

Blind Bishop makes no representations or warranties as to the accuracy of the Content. Blind Bishop is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party's obligation to notify Blind Bishop of the error or omission; however, Blind Bishop does not warrant that such error or omission will be corrected. All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that Blind Bishop has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.

Although Blind Bishop endeavors to provide current, accurate and reliable information on the Blind Bishop site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on the Blind Bishop site. Blind Bishop does not warrant that your use of the Blind Bishop site, or the operation or function of the Blind Bishop site, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements. Your use of the Blind Bishop site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website. Blind Bishop and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Blind Bishop site. The Blind Bishop site content provided "as is" and "as available" without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose. Limitation of liability in no event shall Blind Bishop and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the Blind Bishop Site, the use or performance of the Blind Bishop site, the delay or inability to use the Blind Bishop Site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the Blind Bishop site, or otherwise arising out of the use of the Blind Bishop site, whether based on contract, tort, negligence, strict liability or otherwise, even if Blind Bishop or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Blind Bishop site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the Blind Bishop Site. This sole and exclusive remedy is separate and independent of any other provision that limits Blind Bishop's liability or your remedies.

You agree to indemnify, defend, and hold harmless Blind Bishop and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising our of your use of the Services or any breach by you of these Terms and Conditions. Blind Bishop reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Blind Bishop. Blind Bishop shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Blind Bishop does not warrant that the Services will be uninterrupted, error free, or virus free; nor does Blind Bishop make any warranty as to the results to be obtained from use of the Services or their Content. The Services and their Content are distributed on an "as is, as available" basis. BLIND BISHOP MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Blind Bishop shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.

THIRD PARTY CONTENT

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Blind Bishop Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Blind Bishop. Blind Bishop neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Blind Bishop Site by anyone other than authorized Blind Bishop employees acting in their official capacities. The Blind Bishop Site may contain links to other web sites or resources. You acknowledge and agree that Blind Bishop 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 web sites or resources. The inclusion of any link on the Blind Bishop Site does not imply that Blind Bishop endorses the linked site. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Blind Bishop and its sites do not constitute an endorsement by Blind Bishop of any third party products or services.

MODIFICATION

Blind Bishop may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. Blind Bishop reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.

The following provisions shall survive any termination of these Terms of Service: No Warranty from Blind Bishop, Limitation of Liability, Indemnity and General Provisions.

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, refund, or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed. If your card has already been charged for the purchase and your order is canceled, we shall issue a credit to your card account in the amount of the charge.

FORCE MAJEURE

We shall be excused from performance under this Terms & Conditions if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

GENERAL PROVISIONS

You agree that Blind Bishop and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Blind Bishop Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Blind Bishop to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blind Bishop in writing. The Terms of Service, along with the Blind Bishop Privacy Policy, comprises the entire agreement between you and Blind Bishop and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Blind Bishop. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Blind Bishop shall be null and void. These Terms of Service will inure to the benefit of Blind Bishop's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in the State of Texas, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

MISCELLANEOUS

Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Blind Bishop. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Blind Bishop with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced with one (1) year after the claim or cause of action arises. If you have any questions about these Terms of Service, please email us at wine@blindbishop.com.

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