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:
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.
Title to, and ownership of, all wine passes from seller to buyer in the State of California, and buyer takes all responsibility for shipping the wine from California to his or her home state. By placing an order, buyer authorizes seller to act on buyer’s behalf in arranging for transportation of the wine at the buyer’s direction. Alternatively, buyer may choose to pick up the wine at seller’s location, or make independent shipping arrangements. Seller makes no representation as to the legal rights of anyone to ship or import any wines, alcoholic beverages or other goods into any state. The buyer warrants that he or she is solely responsible for the shipment of wine and other goods purchased and for determining the legality and the tax/duty consequences of having the wine and other goods shipped to the applicable destination.
Benchmark will endeavor to follow specific shipping instructions. Such instructions should be indicated at time of purchase or Emailed to email@example.com within 1 hour of ordering. 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 firstname.lastname@example.org. 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.
Benchmark will hold customer orders for up to 30 days before shipping or until the next seasonally moderate shipping window. This service is provided at no charge as a courtesy for our customers. Wine held remains the property of the buyer. Customers who choose not to ship within 30 days of order during a seasonally moderate shipping window will be charged $14 per case, per month for this service until shipment of the order. Benchmark reserves the right to move wine to an alternate storage facility and/or to charge additional fees for the storage of especially large orders over long periods of time.
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.
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 email@example.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 firstname.lastname@example.org.
If you make an error in ordering, please contact us immediately. There is a 5% fee for any order cancelled after the credit card batch has run (usually the evening of the same day). Orders are non-cancellable after 30 days from the date on the invoice, including pre-arrival wines and wines being held in our warehouse. Orders that are completed and shipped to an address outside of the United States are not cancellable or refundable for any reason.
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. Pre-Arrival items are subject to our Order Cancellation Policy, except for wines specially sourced. Then the cancellation policy does not apply and all sales are final. Please contact email@example.com with questions about the status of your pre-arrival items.
Sales tax is charged for all orders shipped to addresses in 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.
While Benchmark 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.
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.
With the proper credit application on file, customers may place orders on terms with check or wire transfer payment due 10 days after order is finalized. If payment is not received within 10 days of invoice date, that invoice is subject to cancellation without notice. Orders which are cancelled after 10 days from the invoice date, either by the customer or by Benchmark Wine Group due to non- payment, are subject to a 5% restocking fee.
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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content 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.
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 of 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 Emails 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 or implied warranties or the exclusion of 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.
Benchmark Wine Group Privacy Notice
Last updated: January 1, 2022
1. Types of Information We Collect
Information You Actively Submit: If you purchase from us, register for an online account with us, use the "wine alert" features of our online services, sign up for updates and marketing communications from us, request specific products from us, contact us for customer service, or otherwise interact with us via our online services or in one of our stores, we may collect personal information about you, including the following:
Information Passively Submitted on our Online Services: When you use our online services, we collect information from or about the computer, phone or other device on which you have installed, or from which you access, our online services, and information about your usage of our online services, including the following:
No Children’s Information: Our online services are not intended for use by children under the age of 21. We do not knowingly register or otherwise collect personal information from any child under the age of 21 without the prior verifiable consent of the child's parent or guardian.
2. How We Use Information
We use the information we collect to conduct our business and to provide you with the best possible products, services, and experiences. The following categories of personal information are collected for the following purposes:
We also use your personal information for the following purposes (collectively, the "General Processing Purposes"), as permitted by applicable law:
3. How We Share Information
In general, we do not share personal information about you with third parties for third-party marketing or advertising purposes. We may share personal information with the following types of third parties as permitted by applicable law:
We provide our service providers and business partners with access to your personal information so that they may provide services to us, subject to non-disclosure agreements and other data protection safeguards.
4. How We Protect Information
We have implemented technical and organizational security measures intended to safeguard the personal information in our custody and control. Such measures include, for example, limiting access to personal information only to employees and authorized service providers who need to know such information for the purposes described in this privacy notice, as well as other administrative, technical and physical safeguards.
For example, when you place an order on www.Benchmarkwine.com, we use secure socket layer (SSL) technology, an encryption tool that provides security while transmitting information over the internet. We also use firewall technology, password controls, and other technological and procedural safeguards in respect of your online interactions with us.
While we endeavor to protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others. We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following:
You may come in contact with websites, emails, or texts that try to lure you into providing personal information with an offer such as a Benchmark Wine Group Gift Card.
Benchmark does not sponsor or endorse these offers.
5. Your Choices and Rights
Update, Modify or Correct Your Information: We encourage you to contact us to update, modify or correct your personal information if it changes or if you believe that any information that we have collected about you is inaccurate. We may request information from you to honor your request, such as to ensure proper authentication or to verify the method to which the information was provided.
We may change, modify, add, or remove portions of this privacy notice at any time, in which case we will provide individuals with notice of such updates where required by applicable law and then upload the updated privacy notice to our website www.benchmarkwine.com. You should check this page periodically for changes. Your continued use of our online services or any of the other services described in this privacy notice following the posting of changes to this privacy notice will be considered your consent to those changes.
To exercise any of your privacy rights, or if you have any questions or concerns regarding this privacy notice or the data processing practices outlined herein, including the manner in which we or our service providers treat your personal information, please contact us as follows:
Categories of cookies
Some cookies are deleted when you close down your browser. These are known as session cookies. Others remain on your device until they expire or you delete them from your cache. These are known as persistent cookies and these types enable us to remember things about you as a returning visitor. The main categories of cookies we use include:
Opting-out of Interest-Based Advertising: for more information about interest-based advertising and to understand your options, including how you can opt-out of receiving behavioral ads from participating third-party advertising companies, please visit the links below:
Please note that even if you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads will not be targeted based on behavioral information about you and may therefore be less relevant to you and your interests.
To successfully opt out, you must have cookies enabled in your web browser (see your browser's instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each computer you use. Once you opt out, if you delete your browser's saved cookies, you will need to opt-out again.
7. State Specific Rights
California residents have the following rights:
Contacting us using the email above allows us to receive and begin working on your request most efficiently, but if you prefer to talk to someone on the phone, or you have a disability that makes it difficult to contact us via email, you may call 707.255.3500 or our toll free number 833.587.2173 to submit a request.
4. Right Not to be Discriminated Against: You may not be discriminated against because you exercise any of your rights under the CCPA in violation of Cal. civ. code § 1798.125.
Financial Incentives: from time to time, we offer consumers who provide their email address, phone number and/or zip code to us for the purposes of receiving our marketing communications, free shipping, or sometimes a discount on an order. Consumers may opt-in by entering their information when prompted upon first visiting our website. Consumers may opt-out of marketing communications at any time by following the instructions in such communications. Consumers may also exercise their rights at any time by emailing firstname.lastname@example.org. The financial incentive is permitted under the CCPA because it is not discriminatory in nature - it does not deny consumers their rights under the CCPA or discriminate against consumers who may have exercised their rights under the CCPA.
If you submit a request to exercise your CCPA rights, we may ask that you provide certain information to verify your identity. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. We will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
Authorized Agent: If you would like an authorized agent to submit a request on your behalf, please send us an email at email@example.com for instructions and details on proof required for use of an authorized agent.
Shine the Light Law
California residents are entitled once per year to request and obtain certain information regarding our disclosure, if any, of your personally identifiable information to third parties for their direct marketing purposes during the immediately prior calendar year. to make such a request, please send an email to firstname.lastname@example.org with your full name, email address, and postal address in your message. In response to your request, we will provide you with a notice describing the cost-free means to opt-out of our sharing your personally identifiable information with third parties with whom we do not share the same brand name, if the third party will use it for their direct marketing purposes.