Terms and Conditions

Benchmark Wine Group, Inc. (‘Benchmark’) sells wine subject to the following terms and conditions.  By placing an order with Benchmark Wine Group, the buyer agrees to the following:

Age

All customers assert and affirm that they are at least 21 years old.  Benchmark retains the right to use reasonable means to verify a buyer’s age and reserves the right to refuse to sell wine to anyone. All shipments require that the carrier verify the age of the recipient before delivery.  In most locations, it is illegal for anyone under the age of 21 to attempt to purchase alcohol. Benchmark will comply with any legal entity in the prosecution of anyone under the age of 21 attempting to buy alcohol.

Location of sale

All wine is sold in California, with title passing from Benchmark to the buyer at the time of purchase. Benchmark is acting as the buyer’s agent in arranging transport.  The buyer affirms that in requesting that Benchmark ship wine, he or she is acting in accordance with the laws of the location of delivery. Any shipment that is seized or destroyed due to violation of shipping laws or common carrier policy is not refundable.

Shipping

Benchmark will endeavor to follow specific shipping instructions. Such instructions should be indicated at time of purchase or Emailed to shipping@benchmarkwine.com within 1 hour of ordering.  Lacking specific shipping instructions, Benchmark will endeavor to ship in the most economical way conducive with safe travel at a time of its choosing.  Benchmark’s shipper of choice is Federal Express but DHL and UPS can also be used to most locations. For large shipments, commercial trucking companies can be arranged. Customers may make arrangements with Benchmark to use their own common carrier account or pick up their order at our Napa address by contacting shipping@benchmarkwine.com. Depending on the circumstances, shipping charges will be collected at the time of order or the time of shipment.  In cases where excess funds have been collected due to combining orders, changing shipping methods, etc., a refund for unused funds will be provided. Where funds previously collected do not cover the costs of shipping, an additional amount may be charged at time of shipment.

Holding Wine

Benchmark will hold customer orders for modest period of times on request or to avoid shipping during inclement weather, especially during the summer.  This is done at no charge as a courtesy for our customers. Wine so held remains the property of the buyer.  Benchmark reserves the right to move wine to an alternate storage facility and/or to charge for the storage for especially large orders or for orders held for an especially long period of time.

Shipping Address

A street address at which an adult over 21 years of age or older is available during daytime hours to receive wine is required. We therefore recommend a business address wherever possible.  Wine cannot be shipped to a P.O. Box nor to an APO address. It cannot be shipped via the United States Postal Service. If wine is not accepted on the first delivery attempt, Benchmark reserves the right to invalidate its quality guarantee as repeated delivery attempts may subject the wine to undue temperature stress.

Quality Guarantee

Benchmark guarantees that wine is in excellent condition, or the condition that is stated in its offer, at time of delivery if it is shipped by the method recommended by Benchmark, within the laws of the state into which it is shipped and is accepted on the first delivery attempt.  If you receive a bottle of wine for which the condition is not excellent and which does not match the description, please notify us at shipping@benchmarkwine.com within 24 hours.  Benchmark cannot accept return of any bottle of wine that has been opened or altered nor any bottle of wine that has been out of its possession for more than 6 months.

Excellent condition is based on the age of the wine.  For bottles less than 20 years old, it is: base neck fill or better (fill within 3 cm of the bottom of the cork if the bottle has no shoulder), no sign of seepage or cork failure, relatively clean and undamaged label and capsule. Good wine color. Small nicks or marks on the label or capsule do not count against excellent condition.  For wines over 20 years old, top shoulder fill or better (within 4 cm of bottom of cork if bottle has no shoulder), relatively intact label and capsule. Good wine color. Modest label or capsule nicks, tears, moisture stains, mildew stains, discoloration or oxidation does not count against excellent condition for wines of this age. Older white wines often take on a golden or orange color.  Older red wines often take on a brick tone. Such color change does not count against excellent condition if it is consistent with the wine and the age.

For high value bottles of older wine, we can provide digital photos.  Please contact shipping@benchmarkwine.com.

Order Cancellation

If you make an error in ordering, please Contact Us immediately. There is a 5% restocking fee for any order cancelled after being made once the credit card batch has run (usually the evening of the same day) except where a pre-arrival item has seriously missed its projected arrival date.  In cases where items have been specially ordered, order cancellation may be further limited or disallowed.

Pre-Arrival items

Benchmark sells some of its items on a pre-arrival or futures basis.  At time of sale, an estimated arrival time will be provided.  This is only an estimate.  Due to circumstances beyond Benchmark’s control, some items may be delayed beyond the expected date.  Please contact shipping@benchmarkwine.com with questions about the status of your pre-arrival items.

Taxes

An 7.75% sales tax is charged for all orders shipped within California, including to storage facilities in California or picked up at our facility.  Sales taxes may be charged for shipments into other states where such laws apply.  Shipment to some countries outside of the United States requires the payment of duties by the recipient.  Recipients outside the United States are required to know and comply with the laws of their countries.

Representation of Suitability

While Benchmark thoroughly inspects each bottle of wine that it sells and endeavors to describe each bottle that it does not deem to be in excellent condition that might affect its drinkability, certain spoilage mechanisms are undetectable.  Benchmark makes no specific representation of drinkability of any particular bottle of wine.  Benchmark makes no representation of the suitability of any particular bottle of wine as an investment or for any other purpose.

Availability and pricing

Prices and availability are subject to change without notice. Due to variations in condition and sourcing, different bottles of the same wine may occasionally be posted with different prices. Due to the real time nature of our website, items are not removed from our inventory until after successful ‘check out’.  Invoices, verbal and email confirmation notwithstanding, no item is guaranteed to be available until it has been pulled for shipping.

Errors

Benchmark Wine Group works very hard to accurately describe all products and provide world class service in all aspects of its operation.  Please contact us immediately if you believe an error has occurred and we will attempt to rectify it or reach an amicable arrangement. Our maximum liability in any circumstance is limited to the purchase price of an item.