Terms and Conditions

All orders placed with Sokolin LLC (“Sokolin”) are conditional upon acceptance of the following terms and conditions. These terms may not be modified unless specifically authorized by Sokolin in writing. These terms apply to all current and future transactions.

Age
You must be at least 21 years old to purchase wine from Sokolin. The laws of all 50 states prohibit the sale of wine or any other alcohol beverages to consumers younger than 21 years of age. As a responsible vendor, Sokolin abides by the law, and will not intentionally sell alcohol to any minor. Sokolin will verify the age of every customer using sophisticated technology for age verification. By ordering wine from Sokolin, you authorize Sokolin to verify your age through such verification technology, and you are representing to us that you and the person who accepts delivery are both at least 21 years of age.

Orders
All orders are subject to confirmation by Sokolin. Order processing time is contingent upon payment authorization and does not include weekends or holidays.

Acceptance
By submitting your order for confirmation, you hereby represent to Sokolin that you understand these terms and conditions and agree to abide by them in connection with this transaction. The placing and accepting of an order shall form a contract on these terms, conditional upon confirmation of the order by Sokolin, which may be evidenced by the delivery of an invoice.

Price
Unless stated otherwise, prices are as follows: Per case or per bottle as indicated in our catalog, at www.sokolin.com, or in a private client offer. Exclusive of state, local, federal tax, and any import tariffs and duties as required at the time of delivery. Exclusive of shipping and handling charges. Exclusive of a 1% miscellaneous charge as described below. Prices are subject to confirmation and acceptance of order by Sokolin. Sokolin will not be responsible for typographical errors contained within promotional materials including but not limited to: www.sokolin.com; catalogs; private client offers; e-mail.

Miscellaneous Charge Explanation - The Company agrees to indemnify you for the replacement of any items lost, stolen or damaged in the process of being shipped to you. The fee supports our indemnification obligation to you for the replacement and any associated expenses such as additional shipping and handling.

Payment
Payment is due upon order confirmation. Payment may be made by cash, credit card, check, or wire transfer. When paying by check please allow five business days for processing. Sokolin will not transfer title to any goods until full payment is received.

By providing your credit card number, you authorize Sokolin to charge your credit card for the costs associated with your wine purchase as described in these Terms and Conditions (for example, for purchase price, tax, redelivery, other fees/charges).

The Sokolin charge will appear on your statement immediately following placement of your order. By authorizing Sokolin to charge your credit card, you acknowledge and agree to be financially responsible for any and all charges incurred in connection with your transaction. You hereby warrant and represent that you have the authority to legally bind the cardholder as set forth herein.

Shipping
All sales of wine to consumers made by Sokolin are F.O.B. New York. Title to the purchased wine will transfer from Sokolin to the consumer once the purchase price has been properly credited from the consumer’s credit card, or paid by other appropriate means. In the course of placing an order, you affirmatively choose whether you will (i) pick up your purchased wine from Sokolin’s New York location, or (ii) arrange for your wine to be shipped to you via common carrier. Should you opt to have your purchased wine shipped to you via common carrier, you independently may arrange for shipping, in which case you must provide Sokolin with the relevant details so that we release your wine to the appropriate shipping agent; alternatively, you may authorize Sokolin to act on your behalf to engage a common carrier to deliver your wine to you. Sales tax will be applied based on the location of the seller and title transfer. When your order is delivered, the person to whom the delivery is made may need to show identification to the shipper to verify identity and age. Note that wines prices do not include the costs of shipping and delivery charges.

Sokolin reserves the right to delay the release of shipments to ensure product quality. If you the purchaser authorize Sokolin to act as you agent for delivery purposes, and the resulting attempt at delivery fails due to an incorrect address or the purchaser’s failure to be home for signature on the pre-arranged date, Sokolin will re-charge you the purchaser for freight costs. Sokolin is not responsible for delays in delivery resulting from weather or carrier delay, regardless of shipping method chosen; shipping charges will not be refunded or credited for delivery delays resulting from weather or carrier delay.

Purchaser’s Representations
By proceeding with this transaction, you the purchaser represent that you are acting in a fashion compliant with your local and state law regarding the purchase, transportation, and delivery of wine. You the purchaser acknowledge that the laws governing the sale and transportation of alcohol beverages vary from state to state. Sokolin makes no representation as to the legal rights of any individual or entity to ship or transport wines into any state outside of New York.

As expressly noted above, you the purchaser are solely responsible for taking possession of all wines that you purchase from Sokolin.

You the purchaser, affirmatively warrant you are solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to your chosen destination. All taxes, duties, and/or tariffs imposed at the time of delivery to the United States or other countries are the sole responsibility of the purchaser and must be remitted prior to the release of the purchased product. Purchaser will be solely responsible for all duties, taxes and tariffs imposed prior to delivery, even if such where not imposed at the time of sale, or came into effect after the time of sale.

As also referenced above, you the purchaser expressly acknowledge and represent that: (i) you are twenty-one (21) years of age or older, and (ii) that if you the purchaser opt to have your wine shipped to you via common carrier, that your designated recipient of your wine also is 21 years of age or older.

Refunds and Returns
Sokolin guarantees quality products and service. Your satisfaction is our first priority. If, for any reason, you are dissatisfied with your order, we request that you contact Sokolin within 30 days of receipt for customer care assistance. For the fastest results, contact Sokolin by emailing customerservice@sokolin.com. By law, Sokolin can only accept return of goods that are defective in quality. Cancelled and returned orders may be subject to a processing fee. The fee will be equal to 10 percent of the order total. The circumstances surrounding the order may impact our enforcement of this policy. Special orders are non-refundable. Store Credit must be used within 1 year of the day of issuance.

When returning wine, kindly re-cork the bottle (no more than ¼ consumed) and ship it back to Sokolin. Please call or e-mail Sokolin for shipping instructions so we are aware of the return. Sokolin will promptly investigate the issue and our customer care department will contact you. As is tradition in the wine trade, all bottles 10 years or older are purchased at the buyer's risk.

In no event will Sokolin’s liability to a purchaser exceed the purchase price actually paid.

Investment Grade Wine
Nothing in this Agreement is intended to require, or shall be construed as requiring, Sokolin to, for compensation or profit, engage in the business of advising others, either directly or through publications, writings, or electronic media, as to the value of or the advisability of trading in (a) any security, (b) any contract of sale of a commodity for future delivery made or to be made on or subject to the rules of a contract market or derivatives transaction execution facility; (c) any commodity option authorized under Section 6c of the Commodity Exchange Act; or (d) any leverage transaction authorized under Section 23 of the Commodity Exchange Act; or for compensation or profit, and as part of a regular business, issue or promulgate analyses or reports concerning any of the activities referred to in clauses (a), (b), (c) or (d), or otherwise advice (investment or otherwise) as to the value of securities or commodities or issue reports or analyses concerning securities or commodities.

Futures
All Futures purchases are non-refundable. All shipping, handling, miscellaneous and applicable taxes will be charged to the customer at the time of purchase. Prices and product availability are subject to confirmation and acceptance by Sokolin, which will be provided only via email in the form of our standard order confirmation. You hereby consent that all Futures not picked up or delivered within 30 days of your first notification of their arrival will be automatically sent to Liquid Asset Storage and all standard fees, charges, and taxes will apply.

Held/Abandoned Orders
At Sokolin’s discretion your orders may be held for a later ship date. All in-stock orders are processed to be delivered or picked up immediately, unless other arrangements are made in advance for a later ship date at the time the order is placed. When an order is held for a later ship date, Sokolin will hold the order for a maximum of 90 days. After 90 days the items will be automatically transferred to Liquid Asset Storage. After one order exceeds 90 days, all orders held in our warehouse will be sent to LAS storage. You will be charged a fixed fee of $1 per bottle per month, but no less than $12 regardless of quantity, plus any applicable taxes. After your items are held for a total of 12 months, and after at least one attempt to reach you by phone at the number you provided us with, you will be given a final email notice and notice sent via certified mail. You will have 15 days from the date of receipt of the certified notice to arrange a delivery with Sokolin and pay all outstanding fees. If you fail to do so, we will return all of your wine to our inventory and cease all attempts to arrange delivery.

Accessories
Sokolin offers the guaranteed lowest price on our accessories. Should you find any of our accessories at a lower price, we will match it upon presentation of a published advertisement from a competing online retailer. Prices are compared on product price including shipping and handling, when calculating the competitor's total price. Our Low-Price Guarantee includes only identical products, as verified by model number and manufacturer. The competitive product must be in stock and available from the competitor at the matched price. We reserve the right to limit quantities. This offer is not available on any previously purchased items & is subject to expire at any time. Prices are guaranteed 30 days from the date of sale. Advertised promotional discounts shall not apply to accessories unless specifically noted.

Governing Law
This Agreement and any dispute arising under, or in any way relating to this agreement, shall be governed by the internal laws of the State of New York, without regard to principles of conflict of laws that would require the application of the law of another jurisdiction.

Merger Clause
This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and replaces and supersedes any and all prior or contemporaneous agreements or understandings, written, oral or otherwise with respect to the subject matter hereof. As noted above, these Terms and Conditions may not be modified unless specifically authorized by Sokolin in writing. No modification or waiver shall be deemed effected by any acknowledgment or confirmation containing other or different terms.

Referral Program – Wine Perks
Sokolin Wine Perks may only be earned when referring new (and not currently existing) customers to Sokolin whose first wine order totals $250 (Tier 1 - $50 Reward) or $500 (Tier 2 - $100 Reward) (exclusive of shipping, misc. charges and taxes). Each earned reward is valid for a one time use only and cannot be used on Last Call items, Bordeaux Futures or items on sale. Wine Perks cannot be combined with any other offer or used on previous purchases. Wine Perks expire one year from the date earned. Wine Perks are not applicable to members of the same household or billing/shipping address. To qualify for Wine Perks, the referring party must have placed at least one prior order prior to the referral.

Black Friday Sale
Black Friday Offer prices are valid from 9:00 am EST on 11/25/22 until 11:59 pm EST on 11/25/22. Black Friday sale prices are not applicable to previously purchased items. Valid only for the wines listed on the sale offer. All sales are final. No returns, exchanges, or cancellations allowed. Quantities limited. All orders subject to confirmation.

Gift Card Terms and Conditions
The following describes the terms and conditions (the “Gift Card Terms”) applicable to the purchase, acceptance and/or use of Sokolin gift cards that are purchased through the mobile app and online, including plastic cards and digital gift cards (each a “Gift Card” and, collectively, the “Gift Cards”). This Gift Card Terms is an agreement between you, the Gift Cardholder, and Sokolin. By purchasing, accepting and/or using a Gift Card, you agree to be bound by the Gift Card Terms. If you do not agree with the Gift Card Terms, do not purchase, accept and/or use a Gift Card. Sokolin issues the Gift Cards and is solely responsible for the Gift Cards program’s operation and maintenance. As such, Sokolin is the only legal obligor to the Gift Cardholder, and Sokolin’s affiliates (A) shall not be liable or responsible in connection with the Gift Card program for claims of any nature whatsoever; and (B) are hereby released from any such liability or responsibility.

1. Purchase & Sale of a Gift Card: A Gift Card can be purchased and obtained, and is only valid if purchased and obtained, through Sokolin’s mobile app and online at www.sokolin.com/gift-cards. Further, reselling of a Gift Card is strictly prohibited. As such, any resold Gift Card and/or a Gift Card obtained from an unauthorized seller or a reseller will not be valid. If a Gift Card is not valid, it will not be honored, and Sokolin will have no liability therefor.
   
   
2. Gift Card Program Specifics:
• Balance: A Gift Card’s balance can be requested via call to 1-800-946-3947. The balance you receive is an estimate only. Notably, a Gift Card’s balance is typically adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
• Expiration/Fees: The Gift Cards, and the funds on the Gift Cards, do not expire, and there are no fees for inactivity or service fees in connection with the Gift Cards.
• Reloading: You cannot reload a Gift Card with additional value.
• Redemption: The Gift Cards are not debit or credit cards and may only be redeemed on purchases on Sokolin’s online catalog. Further, the Gift Cards have no cash value and may not be redeemed for cash except as required by law. Finally, the Gift Cards are not redeemable to purchase another Gift Card or to apply towards previously purchased goods or services.
• Refunds/Returns: The Gift Cards are not returnable or refundable except as required by law.
• Lost/Stolen/Destroyed: The risk of loss and title for the Gift Cards pass to you upon our electronic transmission of the Gift Cards to you or the designated recipient, or our delivery to the carrier, whichever is applicable. Any lost, destroyed or stolen Gift Cards, as well as any value in those Gift Cards, will not be replaced or replenished.
• Mailing/Shipping: Any freight costs associated with the mailing/shipping of a purchased Gift Card will be passed onto the Gift Card purchaser.
• Failure of Consideration/Fraud: Sokolin may refuse to honor a Gift Card (A) in the event of a disputed credit card charge, bounced check or other failure of consideration; or (B) where Sokolin suspects that the Gift Card was obtained fraudulently. Further, Sokolin will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases through the Sokolin online catalogue.
  
  
3. Application of General Terms and Conditions / Privacy Policy. The Gift Cards and their use on the Sokolin online catalog are subject to Sokolin’s general Terms and Conditions (detailed above) and Privacy Policy (collectively, the “Policies”), provided that in the event of any inconsistency between the Policies and these Gift Card Terms, these Gift Card Terms will govern.
   
   
4. Mandatory Binding Individual Arbitration. Please read this section carefully. It may materially affect your legal rights, including your right to file a lawsuit in court. This section requires individual final and binding arbitration of most disputes.
• ARBITRATION AGREEMENT: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND SOKOLIN AGREE THAT (A) ALL DISPUTES ARISING OUT OF OR RELATING TO THESE GIFT CARD TERMS AND/OR YOUR USE OF A GIFT CARD, WHETHER AT LAW OR EQUITY AND WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE DATE OF THE ACCRUAL OF SUCH DISPUTE, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY; (B) YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY; AND (C) ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. These Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of these Gift Card Terms and cover claims that arose before these Gift Card Terms or any prior terms and conditions. Any amendment to these Gift Card Terms shall not affect any pending asserted claim or arbitration proceeding. If applicable law precludes enforcement of any of this arbitration agreement to a particular claim for relief, then that claim and only that claim shall be severed from the arbitration and may be brought in court. In addition, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. Nothing herein shall be construed as consent by Sokolin to the jurisdiction of any court with regard to claims unrelated to the use of your Gift Card or these Gift Card Terms.
• CLASS ACTION WAIVER: You and Sokolin agree that (A) any arbitration hereunder will take place on an individual basis and that class, mass, consolidated, representative or combined actions or arbitrations or proceedings as a private attorney general are not permitted; and (B) the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Notwithstanding anything herein to the contrary, this class action waiver is an essential part of this arbitration agreement and cannot be severed from it.
• PUNITIVE DAMAGES WAIVER: You and Sokolin both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages. This agreement to arbitrate extends to claims that you assert against other parties, including Sokolin’s affiliates and related entities.
• ARBITRATION PROCEDURES: Arbitration shall be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Sokolin LLC c/o Ross Jones 445 SILLS RD., UNIT K, YAPHANK, NY, UNITED STATES, 11980. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Any arbitration will be decided by a single arbitrator, and any in-person appearances will be held at a location that is reasonably convenient to you; provided, however, that upon request by either party, the in-person appearances shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief), and the arbitrator’s award will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
5. Limitation of Liability. SOKOLIN AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE STATE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
6. Severability. If any part of these Gift Card Terms is deemed invalid or inapplicable, such provision shall be ineffective without affecting the validity, legality, or enforceability of the remainder of these Gift Card Terms, which shall be fully enforced.
7. Modifications. Sokolin reserves the right to update these Gift Card Terms at any time in its discretion, which updates we may provide to you by any reasonable means, including without limitation, by posting the updated version of these Gift Card Terms to this webpage. We recommend that you check these Gift Card Terms periodically for changes.