Legal

Legal

Terms and Conditions of Sale

If you do not agree to these terms and conditions, you must cancel your order with us prior to shipping or within 1 business day - whichever is sooner. No cancellation fee will be applied to orders canceled within that time frame.

Purchasing

Buyer in the USA certifies that he/she is at least 21 years of age. Buyers in the European Union certifies that he/she is at least 18 years of age. Buyer will have to certify to this on our secure order server prior to placing an order. Further certification may be required at time of delivery. The billing address needs to be the address on your credit card statement. Your billing address is where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information on your order form.

Orders unpaid 7 days after being placed will be canceled.


Pre-Arrival Sales

JJ Buckley sells some wines on a pre-arrival basis, which means the wine has not yet arrived to us and is not available for immediate shipping. These wines are designated in our web catalog and the shopping cart as "pre-arrival" rather than "in stock". Payment for pre-arrival wines is due when your order is placed.

Delivery dates (ETA's) given at the time of your order are estimates only and provided as guidance, not a promise or guarantee of delivery time. We make every effort to receive wines purchased on a pre-arrival basis within these estimates.

We will NEVER automatically ship pre-arrival wines to you. When your wines arrive at JJ Buckley, we will send you an email at which time you can set up and pay for shipping, arrange for customer pick-up or simply leave the wines in JJ Buckley's temperature-controlled storage facility.

If you do not request a shipment or pick-up, the wines will remain in our storage facility by default until you contact us. Storage fees may apply.

You can view any wines we have for you in storage as well as wines pending arrival by logging into My Wines. You can also set up shipment of any wines in storage from this page.

Visit our Wine Storage page to learn more about JJ Buckley's storage services and our unique "Storage Benefits" program which offers free storage credit on every purchase.


International Orders

Shipping for international orders will be quoted by email. All sales made to orders outside the United States are final upon shipment. Absolutely NO RETURNS will be accepted and NO REFUNDS will be provided once the order leaves our warehouse. Product will leave our warehouse in the condition as described prior to the sale - Customer takes all responsibility for damage or loss of wine during shipment.


Sales Tax

JJ Buckley is required to collect and remit sales tax in various jurisdictions. If required, your order will include the legally required sales tax of your jurisdiction.


Shipping

In the United States, alcohol shipping laws continually change. If at the time of delivery, we are unable to legally deliver wine to you, we will cancel your order and refund 100% of your payment if an alternative may not be found. It is in our sole discretion whether we can legally ship you wine.

We always recommend shipping to a business address where someone will be present to receive it during business hours. All shipping carriers require an adult signature at the time of delivery. Signature releases are not accepted. If the shipment is returned to us for an improper or incomplete address we will have to re-charge you for re-shipment, so please make sure the address is complete including business name, department or mail stop, if any, and suite number if going to a business complex.

By submitting an order to JJ Buckley Fine Wines Wines you are stating that you are 21 years old or older (18 in the EEC), and warrant that you are legally able to purchase and consume alcoholic beverages at your place of delivery. 

We make no representation to the legal rights and ability of anyone to ship or import wines into any state outside of California or any country outside the USA. YOU, the buyer, are solely responsible for shipment of alcoholic beverage products. By placing an order for delivery in the USA, you authorize us to act on your behalf to engage a common carrier to deliver your order to you.

Legal Disclaimer Section A. Except for orders going to the permit states described in section (B), title to and ownership of alcoholic beverages passes from seller to buyer in the State in which the sale occurs, and buyer takes all responsibility for the product being transported from the state of sale to the buyer’s selected destination. Buyer may pick up the product at seller’s location, or make independent delivery arrangements. Seller makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. Buyer warrants he or she is solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to the buyer’s chosen destination.

Legal Disclaimer Section B. For orders going to states in which Seller is licensed or has a direct to consumer shipping permit, title to and ownership of the product passes from Seller to Buyer in the state to which the product is shipped, and sales and other applicable taxes will be applied based on the requirements of the destination state.  By placing an order, Buyer authorizes Seller to act on Buyer’s behalf in arranging for transportation of the product at Buyer’s direction. Alternatively, buyer may pick up the product at the Seller’s location, or make independent shipping arrangements.  For any product picked up at the Seller’s location, sales tax will be applied based on that location.  Prices of products do not include shipping/handling charges, the cost of which varies depending on destination, number of bottles ordered and choice of delivery options.

ALCOHOLIC BEVERAGES MAY BE SOLD AND DELIVERED ONLY TO PERSONS WHO ARE AT LEAST 21 YEARS OLD AND BY PLACING YOUR ORDER, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT THE PERSON TO WHOM DELIVERY WILL BE MADE IS AT LEAST 21 YEARS OLD AND CAN ACCEPT DELIVERY OF ALCOHOLIC BEVERAGES.

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. If any person under 21 years of age fraudulently orders and has wine shipped to them, the wine will not be released to them, and will be returned to us, and the cost of return shipping will be charged to the responsible party.

BY ORDERING YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SELLER FOR ANY RESULTING CONSEQUENCE OF A FRAUDULENT ORDER OR ANY MISREPRESENTATION AS TO THE AGE OR LEGAL ABILITY OF ANY INTENDED RECIPIENT TO RECEIVE SHIPMENT OF ALCOHOLIC BEVERAGES.

If you change your order after it is prepared for shipping, we reserve the right to charge for additional handling and packaging materials.

Parents or legal guardians will be held responsible for actions of their minor children. If necessary, legal action will be taken against any and all parties attempting "wire fraud." The cost of shipping to, and returning to us of any wine in any such operation will be charged to that agency. NO EXCEPTIONS.


Shipping Conditions

JJ Buckley will ship your purchase according to the shipping method you choose. We ship via common carrier and offer ground, 3 day, 2 day and overnight service. Orders generally leave the next business day unless an item is sold on a pre-arrival or future or backordered basis, or is shipped via a carrier that does not pick-up from us daily.

JJ Buckley Fine Wines reserves the right to hold shipment of your wine during extreme weather conditions. JJ Buckley Fine Wines cannot be responsible for damage to wine (including leakage or damaged corks) shipped to you against our express protestations with regard to weather conditions. 

Please be aware of the scheduled delivery information, as the date and location of your delivery cannot be changed once it leaves our warehouse. It is your responsibility to be present when your shipment arrives. If the weather is very hot or cold in your area, and you would like us to postpone our shipping, please advise us. Use the weather in your area as a guide, when making your choice for best shipping method. We do not advise shipping via ground during temperatures over 80°F (26°C) or under 32°F (0°C). We do not advise shipping during temperatures over 90°F (32°C). If you need your order by a specific date, please let us know and we will work with you to try to get the wine to you in time for your needs.

JJ Buckley Fine Wines cannot be responsible for wine damaged by a shipper or inappropriate storage/handling on the part of the shipper. We reserve the right to refuse sales if we deem it to be inappropriate and/or unsafe.

We cannot ship to PO, APO, or FPO box offices. Orders to Alaska or Hawaii must only be shipped 2nd Day Air. 

Incorrect, insufficient or change of address will incur a $10.00 surcharge. We reserve the right to charge return shipping for refused or undelivered packages.


Customer Pick up

All wines may be picked up (when so designated at time of order) at your selected facility in Oakland, California at the Customer Pick up Area. Same-day pick up is not available. Your order must be submitted by 3pm local time the day prior to desired pick up, and the item(s) must be available at the facility you selected. Visit our Contact Us page for current Customer Pick-Up hours and location.

You will be notified by email when your order is ready for pick up. If someone else will be picking up your order, you must designate him/her as an alternate pickup person when ordering. When picking up your order, you or your alternate pick up person must show a valid government-issued ID stating that you are 21 years old or older (18 in the EEC). 

JJ Buckley will hold your items for 30 days starting the day after you were notified your order is ready for pick up. If your order has not been picked up within that time frame, your order will be moved to storage at which time a restocking fee of $2 per bottle ($10 minimum) will apply. In no event will orders be held in a JJ Buckley Customer Pick up Area for more than 30 days. JJ Buckley reserves the right to limit the days of the year that this service is offered.


Cancellation & Return Policy

Our Guarantee

JJ Buckley Fine Wines guarantees quality products and service and your satisfaction is always our first priority. If you are not happy with a purchase, even if it falls outside the scope of our cancellation and returns policies below, please contact us so we can try to work out a mutually agreeable solution.

Cancellation Policy

If your order has shipped, please refer to our “Return Policy” instead.

Full Refunds (100%)

  • A full refund is gladly given if you request to cancel within 1 business day of the order date, or prior to shipment, whichever comes first.
  • This applies to all orders of in stock wines, pre-arrival wines, and futures.

Refunds Subject to Cancellation Fees

  • After 1 business day, you can still request to cancel for up to 7 business days from the date of your order, or prior to shipment, whichever comes first.
  • A 15% cancellation fee will be deducted from your refund.
  • This applies to all orders of in stock wines, pre-arrival wines, and futures.

Exceptions to Cancellation Policy

Delayed Pre-Arrival Purchases
JJ Buckley sells some wines on a pre-arrival basis, which means the wine has not yet arrived to us. Payment for pre-arrival wines is due when your order is placed. We will notify you when your wines arrive, at which time you can schedule a pick-up, set up and pay for shipping, or arrange transfer to our storage facility.

  • Delivery dates given at the time of your order are estimates only and provided as guidance, not a promise or guarantee of delivery time. We make every effort to receive wines purchased on a pre-arrival basis within these estimates.
  • Requests to cancel an order that are not significantly delayed beyond our original estimate are subject to a 15% cancellation fee.
  • Orders significantly delayed will not be subject to the cancellation fee. Significant delays are delays greater than 9 months.
  • JJ Buckley will not be liable for incremental or consequential damages, nor be required to source a replacement on orders canceled for reasons of delayed arrival.

JJ Buckley’s Right to Cancel for Import Tax Reasons
From time to time, import taxes and tariffs on wine change between the time we offer a wine for sale and the time we take delivery of the wine from overseas.

  • In the event of such an occurrence, JJ Buckley Fine Wines reserves the right to cancel your order if the new import taxes result in a higher landed cost of the wine.
  • In that scenario, if you do not wish to pay the increased cost for the wine we would refund you 100% of the original price paid.
  • JJ Buckley will not be liable for incremental or consequential damages, nor be required to source a replacement on orders canceled for reasons of increased import tax.
  • See also “2019 Bordeaux Futures” and “Other Exceptions to Cancellation Policy”

2019 Bordeaux Futures
JJ Buckley is selling 2019 Bordeaux futures at UN-TARIFFED prices. This means the purchase price of 2019 Bordeaux futures does not include tariffs that exist now, or that could exist in the future.

Prior to purchase of 2019 Bordeaux futures, you must sign an agreement to pay any tariffs, taxes, or duties imposed at the time of delivery to the United States. Please refer to the terms of this agreement for cancellation policies related to 2019 Bordeaux futures.

On 2019 Bordeaux Futures purchases: ALL TAXES, DUTIES, AND/OR TARIFFS IMPOSED AT THE TIME OF DELIVERY OF THESE WINES TO THE UNITED STATES ARE THE SOLE RESPONSIBILITY OF THE BUYER AND MUST BE REMITTED PRIOR TO THE RELEASE OF THE WINE.

Other Exceptions to Cancellation Policy
For a variety of reasons, some wines ordered on a futures or pre-arrival basis may not, ultimately, be available to us.

  • If we are notified we are not able to obtain a wine, we will refund your full payment to you.
  • We will not be liable for incremental or consequential damages, nor be required to source a replacement.

Return Policy

For futures and pre-arrival orders pending arrival to JJ Buckley, please see our “Cancellation Policy” instead.

JJ Buckley Fine Wines guarantees quality products and service and your satisfaction is our first priority! However, if you wish to return a purchase after you receive it please see below for our return policy.

  • We will gladly accept your request for return if you notify us within 3 business days after final delivery to the recipient.
  • Returned bottles must be in unopened, resalable condition and shipped back to us in packaging specifically designed for shipping wine.
  • When your return is received and inspected, we will issue a refund, minus a 15% restocking fee and any additional shipping cost incurred by JJ Buckley for return shipping.
  • The 15% restocking fee is assessed on the original sales order value of the returned items.
  • Original shipping or delivery fees paid by the buyer are not refundable.
  • The above policies additionally apply to shipments refused by the recipient, for incorrect shipping address provided by the buyer, and for shipments the carrier returns to us as “undeliverable”.

Exceptions to Return Policy
We do not accept returns for any of the below reasons:

  • All wine sold by JJ Buckley is maintained under optimum conditions. Wines that have been adversely affected due to improper storage or treatment while in the buyer's care cannot be returned.
  • Opened bottles that are not to your personal taste.
  • Returns based on price changes within the marketplace.
  • Older vintages:
    • We make every effort to ensure the quality and condition of older vintages.
    • However as is tradition in wine retail, wines 10+ years in age at the time of purchase are sold at the buyer's risk.
    • We do not accept returns of "corked" or "off" wines 10 years or older, nor will we accept returns of these wines because they are past their optimal drinking window.*
  • Special orders for wines sourced specifically at the buyer’s request and not part of our regular inventory.
  • Orders shipped outside the United States may not be returned once the order leaves our warehouse. See also policies related to "International Orders" above.
  • For futures and pre-arrival orders pending arrival to JJ Buckley, please see our “Cancellation Policy” instead.

*We stand behind the authenticity of the wines we sell unconditionally. Any bottle shown to be fake will be refunded 100%.


Promotional Offers

JJ Buckley reserves the right at any time to modify or discontinue this offer either temporarily or permanently (or any part thereof) with or without notice and without liability to you. Determination of offer eligibility, as well as any exceptions, is at the sole discretion of JJ Buckley. Offer can only be used with JJ Buckley and is subject to the terms and conditions of use, local laws and the shipping policy of JJ Buckley in place from time to time. Offer cannot be redeemed for cash, transferred, assigned or substituted and cannot be redeemed against shipping, handling and taxes.

This offer is open to all legal residents of the United States who have reached the age of majority in the territory in which they reside, subject to shipping restrictions and laws. This offer is not open to employees, directors and officers of JJ Buckley and those of its affiliated and associated companies, agents, advertising and promotional agencies as well as to the members of their respective immediate families living in the same household. JJ Buckley reserves the right to verify eligibility qualifications of all participants. Void where otherwise prohibited by law.


Gift Certificates

Gift Certificates can only be used with JJ Buckley Fine Wines and its recipient will be subject to the terms and conditions of use, local laws and the shipping policies of JJ Buckley. The Gift Certificates cannot be redeemed for cash, transferred, assigned or substituted. Gift Certificates cannot be redeemed against shipping, handling and taxes. JJ Buckley will not replace any lost or stolen Gift Certificates.


Errors, Omissions and Availability

Occasionally, our inventory, quantity available, listed prices, or bottle sizes may be incorrect. For example, a 750ml size may be incorrectly priced as a 375ml bottle. Sometimes for matters beyond our control, items sold on a pre-arrival or futures basis may turn out to be unavailable. When such situations occur, JJ Buckley Fine Wines shall be held harmless for the error. We make every effort to make sure that our product database is accurate, however mistakes do happen. In all cases, the customer will be contacted as soon as the problem is discovered. We will promptly return to the customer any monies collected upon discovery of the problem. A refund will be the limit of the remedy.


Proposition 65 Warnings - California Customers Only

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.

WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA