Terms and Conditions
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE AND CLICKING ON THE “AGREE” BOX WHEN YOU PLACE YOUR ORDERS REPRESENTS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEB SITE.
MyCaveBox.com is the online home of The Cave (the Company). The Company operates a restaurant and retail wine shop in California, in addition to this Web Site, MyCaveBox.com (the Web Site). The Company is located at 4435 McGrath St STE 301, Ventura, CA 93003. The telephone number is (805) 642-9449. The Company makes no representations that materials contained on the Web Site are appropriate for use in other locations. If you use this Web Site from other locations you are responsible for compliance with applicable local laws.
The Company reserves the right, at its sole discretion, to revise these Terms and Conditions of Use at any time by updating this posting. Please check these terms periodically for changes. Your continued use of the Web Site following the posting of changes to these terms will mean you accept those changes and that they apply to you. These Terms and Conditions of Use apply to every Web Site maintained by the Company. If you do not agree with these Terms and Conditions of Use, please do not use this Web Site. If you breach any of these Terms and Conditions of Use your right to use this Web Site will terminate automatically.
The Sale of Alcoholic Beverages or Tobacco:
Some of our offerings contain tobacco or alcoholic beverages. The Company does not sell alcohol to persons under the age of 21 or tobacco to persons under the age of 18. By using this site you are representing that you are over the age of 21. The Company makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21 or tobacco products to anyone under the age of 18. By using this site you are representing that the person receiving a shipment of alcoholic beverages from the Company is over the age of 21, or for tobacco, is over the age of 18. You also agree that any alcohol purchased from the Company is intended for personal consumption and not for resale. Sales per person in California cannot exceed limit of 52 gallons per transaction. If you do not agree with these conditions of use, please do not use this site or accept these conditions.
Receiving Merchandise and Passage of Title:
Laws regarding the sale and transportation of alcoholic beverages are complex and constantly changing. The politics, policies and procedures regarding such sales and transportation are different in every state. That is why you are buying from us in California and why title to alcoholic beverages pass to you upon purchase. In the event that thebrobasket.com may ship wine or other alcoholic beverages to your state in accordance with a state privilege requiring the payment of state taxes, you will be charged the sales tax, if any, assessed by your state for that transaction; (This is up to you to report, it will not be charged through us) otherwise California sales tax will be assessed on the sale during checkout. Title to all product intended for shipment to federal property and Indian reservations passes to the customer when the goods are picked up by the common carrier and California sales tax will be collected on all such purchases. When your order is approved by your credit card company, you own the goods. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. We make no representations about the legality of shipping alcoholic beverages. Our site lists those states where common carriers will deliver alcohol. You are responsible for compliance with all laws regarding such shipments. You may also make your own shipping arrangements.
By arranging for transportation of the alcoholic beverages, MyCaveBox.com is providing a service to, and acting on behalf of you. By utilizing this service from MyCaveBox.com 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.
There are three ways to get your product from MyCaveBox.com:
- You can pick up your products at our physical location, located at 4435 McGrath St STE 301, Ventura, CA 93003 .
- You can request personal delivery in the “personal deliver” areas noted on our website. To ensure timely delivery of your gift, the recipient’s name, physical street address, suite # and/or apartment # of the recipient’s home or workplace is required; a post office box number is not acceptable. In addition, you must provide us with your contact phone number and the phone number of someone at the intended place of personal delivery. Personally delivered items WILL NOT be left without an acceptance signature. In such case that nobody is available to accept personal delivery, we will attempt to contact you and/or the provided delivery contact. We will make a second delivery attempt when recipient confirmation is established. In the event of two unsuccessful personal delivery attempts, we will return the item to our facility. Such items can be picked up at the facility closets to delivery location or additional delivery arrangements may be arranged. Additional delivery charges may apply. Hotel delivery must include the registered guest’s name, along with check-in and check-out date.
- You can ship your products to yourself or another recipient via common carrier. Any recipient of alcoholic beverages must provide proof of age (over 21 years of age). Delivery to PO Boxes is not accepted at this time.
- All orders are shipped out Monday through Friday (no shipping on Holiday’s). All standard orders placed before 2:00 pm (Pacific Standard Time) Monday through Friday will be shipped within 24 to 48 hours, but can take up to 5 business days.
- Golden State Overnight (GSO) is our preferred shipping company. At this time we will only ship with GSO to the following states: CA, NV, AZ, WA, OR, ID, and NM
- In the event that we are out of a product(s), we will make an attempt to contact you to resolve the issue. If we are unsuccessful in contacting you, we have the right to refund part of an order, or the entire order.
When picking up your product at our Ventura location, you must positively identify yourself as the person who placed the order on the Web Site. This also includes providing legal proof of age for any products containing alcohol or tobacco. (California, or other acceptable state’s Drivers License or Passport). We also require that you bring the credit card used to purchase goods on the site. This is an added security measure to reduce credit card fraud for your protection and to help us keep our prices low. Personal delivery of any item containing alcohol can only be accepted by a person over 21 years of age. Legal proof of over 21 year of age (California, or other acceptable state’s Drivers License or Passport) is required for acceptance of any products containing alcohol. Personal delivery of any item containing tobacco can only be accepted by a person over 18 years of age. Legal proof of over 18 year of age (California, or other acceptable state’s Drivers License or Passport) is required for acceptance of any products containing tobacco.
Damage – If your Cave Box gets damaged on its way to you, you must notify us within 48 hours of receipt, (805) 642-9449. We want our customers to be happy so we will do everything we can to make it right. Any product you decide to return must be complete, in the same condition you received it and in the original packaging.
Unsuccessful Delivery – We may make a maximum of three delivery attempts. You will be responsible for valid delivery addresses and all shipping/delivery costs on returned or redirected items.
If you receive a refund, the shipping/delivery costs and or return shipping/delivery costs will be deducted from your refund.
We want our customers to be happy – we will do everything we can to make it right!
Use of Site Content:
The Company maintains this Web Site and its contents for your personal information, entertainment and education. Please feel free to browse the web site. You may view and download material displayed on the Web Site for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this web site for public or commercial purposes, without the Company’s prior written permission. You may not alter or interfere with the content or functioning of the Web Site, or “mirror” any content contained on this Web Site on any other server. The materials on this Web Site are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of the terms of conditions of use, your right to use this Web Site will terminate automatically.
Disclaimers of Warranties:
The material contained in this Web Site has been checked for accuracy; however, there may be inadvertent technical or factual inaccuracies and typographical errors. The Company expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained on this Web Site. Information published on this Web Site may refer to products, programs or services that are not available in your state or country. Without limiting the foregoing, the web site is provided “AS IS” and without warranty of any kind, either express of implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability:
Neither the Company nor any third party involved in creating or delivering the Web Site will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the Web Site, even if the Company has been advised of the possibility of such damages.
The Company may change information contained on the Web Site at any time. All users of the material agree that access to and use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable laws. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THIS WEB SITE. If you are dissatisfied with the Web Site or any content on the site, your remedy is to discontinue using this site.
Copyrights, Trademarks and other Proprietary Rights:
The contents of this Web Site, such as trademarks, designs, text, logos, and icons, or other intellectual property are proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Web Site in any way for any public or commercial purposes, without the Company’s written permission. You are authorized to use this material only for personal, non-commercial purposes. You may print or download information on our site for your own personal, non-commercial use.
As a convenience to you, our Web Site may display links to other sites which are not maintained by the Company. The Company is not responsible or liable for the content or operation of third-party sites, and the presence of such links does not imply that the Company is affiliated with such sites or third parties. We try to include only links to those sites which are in good taste and safe for our visitors.
STATES WHERE WE SHIP NON-ALCOHOL RELATED PRODUCTS
All 50 U.S. states
STATES WHERE WE MAY SHIP WINE AND BEER
STATES WHERE WE MAY SHIP LIQUOR
At this time The Cave (and mycavebox.com) does not ship liquor other than wine or beer.
What information do we collect?
We collect the following categories information that users provide to us when they register an account or fill out an online form:
- Email Address
- Phone Numbers
- Credit Card and/or Banking Information, should you choose to place an order
- Order Histories, if applicable
- IP Addresses
There is no requirement to register in order to browse the Website anonymously
How do we use your information?
We may use any information which users provide in the following ways:
- To process transactions
- To better tailor our services to your needs as a consumer of our products.
- To improve the functionality of our Website.
- To analyze trends, administer the site, track customer movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
- To comply with legal requirements and to prevent fraud
- To assist third-party service providers in improving our business.
How can you change your information?
When you register for an account as a user of our Website, we require information that is necessary for us to process any orders you place, such as, name, address, email address, and payment information. Should you need to edit or update any of this information, we provide a secure link within your password-protected account for you to access your information for purpose of editing it.
Do we disclose any information to third parties?
We value your privacy very much and do not release any personally identifiable information to anyone outside of the necessary parties that help our business function, such as web hosting services, mobile marketing, e-mail providers, payment processors, etc. We utilize the services of third parties which primarily fall within the category of data storage and management, including but not limited to Constant Contact, Google Analytics, and Vendors FoxyCart/Stripe. These third-parties are not authorized by us to use your information for any other purpose.
Third Party Links
This Website may contain links to other websites. WE ARE NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY PRACTICES OF THIRD-PARTY LINKED WEBSITES AND THE ENTITIES THEY REPRESENT.
We maintain technical, operational and physical safeguards, and use industry standard methods to protect the information you provide to us. You are responsible for protecting your account and password, and you adopt and ratify any and all actions taken under your account and password. You should never share your password, and should log out and close your browser after each session to prevent unauthorized access to your account. You should change your password on a regular basis for your own protection. We will never request your password, user name, credit card information or other personal information via email. While we use our best efforts to protect your information, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee absolute security.