55 Degrees Cool Wine + Cheese

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

• Legal Notice
• ALL ALCOHOL PRODUCTS ARE SOLD IN FLORIDA AND TITLE PASSES TO THE BUYER IN FLORIDA. We make no representation to the legal rights of anyone to ship or import alcoholic beverages into any state outside of Florida. The buyer is solely responsible for shipment of wines. By placing this order with your credit card, check, or cash, you authorize us to act on your behalf in processing and shipping this order, including engaging in a common carrier to deliver your order. Under the terms of sale, the common carrier is acting as your agent. WINES MAY BE SOLD AND DELIVERED ONLY TO PERSONS WHO ARE AT LEAST 21 YEARS OLD AND THE PERSON TO WHOM DELIVERY WILL BE MADE IS AT LEAST 21 YEARS OLD. When your alcoholic beverages are delivered the person receiving delivery will be required to show identification proving that he or she is at least 21 years old. Due to our policy of not shipping alcohol to minors, please be advised that WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION. Thank you for your understanding.
  
  If any communication from this website is not in conformity with any jurisdiction rules and regulations governing solicitation, advertising, shipping and/or transacting business in such jurisdiction, then such communication and any offers made herein in connection therewith, shall be void to the extent prohibited by law.
  
  Notices from You to 55 Degrees Cool Wine + Cheese shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
  
  10035 Gulf Coast Drive #F130
  Fort Myers, Florida 33913
  



• Copyright
• All content appearing on this Web site is the property of:
  
  55 Degrees Cool Wine + Cheese
  10035 Gulf Coast Drive #F130
  Fort Myers, Florida 33913
  Copyright © 2008-2010 55 Degrees Cool Wine + Cheese. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2008-2010 55 Degrees Cool Wine + Cheese. All rights reserved.



• Trademarks
• All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by 55 Degrees Cool Wine + Cheese. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of 55 Degrees Cool Wine + Cheese or any third party, except as expressly granted herein.



• Use Of Site
• This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. 55 Degrees Cool Wine + Cheese and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if 55 Degrees Cool Wine + Cheese believes that customer conduct violates applicable law or is harmful to the interests of 55 Degrees Cool Wine + Cheese and its subsidiaries.



• Privacy Policy
• 55 Degrees Cool Wine + Cheese use of personal information that you may submit to 55 Degrees Cool Wine + Cheese through this Web site is governed by the 55 Degrees Cool Wine + Cheese Privacy Policy. 55 Degrees Cool Wine + Cheese is the sole owner of the information collected on www.shop.fiftyfivedegrees.net.
  
  If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date).
  
  55 Degrees Cool Wine + Cheese will use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
  
  55 Degrees Cool Wine + Cheese will occasionally send you information on products, services, or events. You can sign up for these emails from us on your account page.
  
  Based upon the personally identifiable information you provide us, we communicate with you in response to your inquiries, to provide the services you request, and to manage your account.
  
  55 Degrees Cool Wine + Cheese DOES NOT share personally identifiable information with third parties. We use an outside shipping company to send orders, and a credit card processing company to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any other purposes.
  
  55 Degrees Cool Wine + Cheese reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
  
  If you no longer wish to receive our newsletter and promotional communications, we offer an opportunity to opt-out of certain communications by contacting us at info@fiftyfivedegrees.net or 55 Degrees Cool Wine + Cheese, 10035 Gulf Center Dr Unit F-130 Fort Myers, FL 33913.



• Consumer Agreement
• In order to use some features of this web site, you must first create a user account. During registration you are required to give contact information (such as your email address). 55 Degrees Cool Wine + Cheese will use this information to contact you about the services on our site in which you have expressed interest. We will notify you when your user account has been created. Please see our Privacy Policy for more information.



• Shipping & Delivery
• Generally, all orders placed to 55 Degrees Cool Wine + Cheese before 5 pm Eastern Time, Sunday through Wednesday, will ship within 48 hours, although we reserve the right to extend shipping times. Orders placed late in the week or over the weekend will not be shipped until the following Monday or Tuesday. You will be promptly notified of any unexpected delays in processing and/or shipping.
  
  Orders placed on this website are not final. Your credit card is not charged automatically. A charge is put on your credit card after the product has been packed and the order is deemed complete. Please note that all credit cards are verified - you must provide a billing address that corresponds to the credit card you are using. If the billing address does not match the credit card, you will be informed and the order will not be processed until we hear from you.
  
  When your order is shipped, an email with the tracking numbers is sent automatically to the email address on your account. Once your order is given to the shipping provider, the package becomes your property and you are responsible for contacting them for service requests or other delivery instructions.
  
  If delivery is required before a certain date, please note this in the customer comments section of the order or contact us to see if we are able to accommodate. We do not ship packages outside of the United States, to FPO/APO addresses, or P.O. Boxes.
  
  We go to every attempt to maintain the quality of our fine products so you will be delighted with your selections. As your package makes it to you please inspect it immediately. If there is any problem with your order, please contact us within 24 hours of receipt.
  
  The purchase of alcohol by persons under the age of 21 is prohibited by law. By placing an order through our website for alcohol, you are representing yourself to us as 21 years old or older. We reserve the right to ask for proof of identity before processing an order.
  
  Customers shipping out of state assume ownership of purchased goods on the premises of the store and assume any tax or duty and any other local legal responsibilities involved in the shipping or importing of wines or liquors. Please be aware that most shippers will deliver Monday through Friday during normal business hours. All packages with products containing alcohol require an adult 21 or over with a valid government-issued ID to sign for the package. If you think this might be a problem, we strongly encourage you to use a work address for shipping. Most shipping companies will make a few delivery attempts, after which the package will be returned to us. Packages returned to our location due to failure to obtain an adult signature or wrong address given, will require an additional shipping charge for re-shipment. A $3.50 handling charge is placed to all orders which contain an alcohol shipment for our shipper to verify an adult signature on delivery.
  
  Wine and cheese can be damaged by temperature extremes. So, it is common for us to delay shipments until the beginning of the week to insure your package does not get held on a weekend during the delivery. Please be aware that we cannot be held responsible for your shipment if it travels in a climate outside an acceptable temperature range or does get held up. 55 Degrees Cool Wine + Cheese assumes no liability for wine or cheese damaged due to poor weather during transport or delayed delivery. So, be sure of shipping conditions before you order and be sure an adult will be on hand to sign for wine. The best way to insure this is to provide us with a business delivery address.
  
  Due to keeping up with our standard of quality, we are set up to ship our perishable items overnight or next day. If you are ordering non-perishable items, such as knives or a fondue kit, then we will be able to ship your products to you with a multi-day shipping option. However, if you are purchasing perishable items and insist on multi-day shipping, it will be at your own risk.
  
  To most addresses within Florida, UPS guaranties perishables ground shipping to be next day. Our shipping cost is calculated on overnight shipping, so most shipments within Florida will qualify for a reduced shipping cost, if possible.
  
  55 Degrees Cool Wine + Cheese will not assume responsibility for any incorrect addresses provided to us; delivery, return and re-delivery charges will apply. We strongly recommend that when ordering perishable items, you confirm that the recipient or other responsible party will be available to receive, open and properly store you order. We are unable to replace cheeses that perish due to recipient's being unavailable at the time of delivery. Furthermore, please not that our boxes are clearly marked "perishable" on the outside and we are not responsible for the items received but not opened.
  
  Your cheeses are packaged in insulated cartons, fitted with gel ice packs and cushioned to ensure quality standards for up to 48 hours. Items ordered together are not necessarily shipped together.
  
  Please note that to ensure quality, we cut your cheese to order. We will always try to cut the specific amount requested, but it is possible that we might cut slightly more or less. Please understand that this is one of the challenges of offering a handcrafted product and that we will do our best to make sure you are satisfied.
  
  We are set up to ship wine within Florida only. If you live outside of Florida and are interested in our wines, please contact us to see if we can ship to your state. However, please note that some states have laws on the shipment of alcohol that prohibit us from shipping to addresses in those states.
  
  All wines listed are subject to availability. An order may be processed before the vintage can be changed. Please be advised that vintages are subject to change without notice. We reserve the right to make appropriate vintage substitutions when necessary. You may request we notify you before making any vintage substitution by writing "Do Not Sub" in the customer comments section on the order page. We will then contact you if necessary.
  
  Though we continually monitor inventory to ensure product availability, there are times when products may be out of stock. If that occurs, wine representatives are available to suggest comparable substitutions. In cases where a substitution is necessary, we will email you before shipping and provide the option to select other items. If you decide not to make a substitution, we will ship available items minus the out of stock item(s) or cancel the order if you prefer to do so. Your credit card will not be charged until we ship your order, and you will not be charged for out-of-stock items.
  
  Please be sure to look over your order confirmation and notify us of any changes or cancellations immediately. Orders may be packaged and shipped as early as 2 hours after an order has been received. Once an order has been packed for shipping we cannot guarantee a cancellation without restocking fees applying, in the amount of $10.
  
  Because packaging frequently changes all images are for display purposes only and may not represent the actual product you receive. All information about the wine i.e. alcohol content etc is approximate.
  
  All sizes on wine bottles are 750mL unless otherwise noted. Vintages and ratings are subject to change at any time. All pricing and availability are subject to change. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
  
  If you should have any questions or inquiries, you may contact 55 Degrees Cool Wine + Cheese by either e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
  
  10035 Gulf Coast Drive #F130
  Fort Myers, Florida 33913
  



• Sales Tax
• 55 Degrees Cool Wine + Cheese charges sales tax for merchandise ordered on this Web site based on Florida state sales tax rate and the location to which the order is being shipped.



• Warranties
• The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information to us, such as the manufactures of those products, and not 55 Degrees Cool Wine + Cheese.
  



• Return Policy
• 55 Degrees Cool Wine + Cheese assumes no liability for wine, cheese or condiments damaged due to poor weather during transport or delayed delivery. So, be sure of shipping conditions before you order and be sure an adult will be on hand to sign for wine. As always, by providing to us a business address will be the best way to insure someone will be present to receive your package.
  
  Perishable items, such as wine, cheese or condiments, can not be returned for a refund. Please refer to the shipping and delivery section for policies from 55 Degrees Cool Wine + Cheese.
  
  55 Degrees Cool Wine + Cheese reserves the right to change its payment procedures at any time without prior notice to you.



• Miscellaneous
• VOID WHERE PROHIBITED:
  Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. 55 Degrees Cool Wine + Cheese and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
  
  GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of 55 Degrees Cool Wine + Cheese shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
  
  MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and 55 Degrees Cool Wine + Cheese with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and 55 Degrees Cool Wine + Cheese with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by 55 Degrees Cool Wine + Cheese. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.