Welcome to the Internet site of Black Sears. ("blacksears.com"). Blacksears.com Site is operated by Black Sears, Vin65, and its affiliates (collectively referred to herein as "we," "us," or "our").

PLEASE NOTE THAT YOUR USE OF THE BLACKSEARS.COM SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS WINE.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WINE.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY BLACK SEARS FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE BLACKSEARS.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

User Obligations

You agree not to do any of the following while using the blacksears.com Site:

Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the blacksears.com Site or blacksears.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the blacksears.com Site except as permitted in writing by Black Sears.

The Sale of Alcoholic Beverages

Blacksears.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Blacksears.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from blacksears.com is over the age of 21. You also agree that any alcohol purchased from blacksears.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 blacksears.com will prosecute you fully to the extent allowable by law.

Title and Ownership

Title to, and ownership of, all wine passes from blacksears.com to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping of it from the warehouse to his/her home state. By arranging for transportation of the wine, blacksears.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from blacksears.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this blacksears.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of blacksears.com. Blacksears.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this blacksears.com Site by anyone other than authorized Black Sears employees acting in their official capacities.

Parental Control Protections

As required by the Communications Decency Act of 1996, Wine.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Black Sears does not sponsor or endorse any of these companies or their services.

Links

The blacksears.com Site may contain links to other web sites or resources. You acknowledge and agree that Black Sears is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the blacksears.com Site does not imply that Black Sears endorses the linked site.
 

POLICIES

Black Sears has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for the website: www.blacksears.com. 

Personal Information and Data Gathering

Black Sears often uses third-party development partners to assist in online development and deployment as well as in data and information collection. These companies are strictly bound by our privacy policy covered below, as well as by all other conventions and business practices of Black Sears concerning user information and data from online sources. For the purposes of this document, the terms "We," "Us" and "Black Sears" also represent these third-party developers.

We collect anonymous information from visits to our site to help us understand the usage patterns of our site, and to provide better customer service. Information collected in this manner is provided automatically by your system and the systems that you use to connect to our site. For example, we keep track of what time people enter our site, how long they stay on the site, and what sections they visit on the site. This information is kept in aggregate, anonymous format. We use this information to better tailor our site for our visitors and their usage patterns, as well as to gauge performance and other measures of the site, again in anonymous and aggregate format.

Cookies are sometimes used to further track usage patterns of the site by users in aggregate and anonymous format. Cookies left on your system by our site are sometimes used for the purpose of allowing users the convenience of not having to re-enter usernames and passwords on our site, however, no username or password information is kept on your local machine. Only a unique identifier is kept on your system that will allow you to access the records stored on our secure, password-protected server(s). No financial or personal information will ever be left on your system in the form of a cookie.

Registration is required to use certain features of our site. We will collect general contact information, such as name and e-mail address, as well as demographic information, such as age, gender and zip code. Data collected from online user-completed forms is stored in secure, password-protected server locations. Demographic information collected is used to help us, or our partners, to analyze our aggregate user base and better tailor our site, promotions or other features to better serve that user base. Contact information is also used to better understand our user base.

From time to time, Black Sears will contact our registered users who have opted in to be e-mailed with promotional information that we feel would be applicable to, and desired by that user. At any time a user wishes to opt-out of these e-mails, they may do so by contacting info@blacksears.com. Once opted-out, the user will not receive any further communication from us, aside from any system messages that are necessary to that user in specific transactions, such as e-commerce order summaries.

Further use of personal information and data gathered by Black Sears

Black Sears will occasionally utilize partners and vendors to assist it in analysis of the data and information collected by our sites. This information is used in aggregate and anonymous format for the purpose of better tailoring our website, promotions or other company endeavors to better suit our user base. This information is shared with our partners and vendors only on an as-needed basis. Financial information will never be shared with any organization other than those necessary for completing the financial transaction required.

On occasion, Black Sears may sponsor sweepstakes and other promotions that are managed by third-party organizations. Information and data gathered in those instances will be held by the third-party and will normally be shared with Black Sears. Once shared with Black Sears, that data and information is subject to Black Sears' stated privacy policy. Information and data retained by the third-party will be subject to the privacy policy stated by the third-party. Black Sears will make a reasonable best-effort to have the third-party utilize that information in accordance with Black Sears' stated privacy policy, however, cannot take final responsibility for the third-party's actions.

Black Sears may share any data and information gathered on its branded websites with other internal Black Sears branded website owners and managers. Information shared will still be subject to this privacy policy.

Information and data gathered solely by Black Sears will never be sold, traded or shared with third-parties for any other reason than assisting Black Sears in its analysis, research and promotional needs.

This site may contain links to other sites. Black Sears is not responsible for the privacy practices or the content of such websites.

Refunds/Exchanges

All sales are final. Wine is a highly perishable item that must be kept in acceptable storage conditions. There is no way to determine if wine that has left the Black Sears warehouse or winery has been damaged due to inadequate storage on behalf of the recipient. By taking posession of wine, either in person or via a shipping carrier, recipient accepts responsibility for its storage and the maintenance of its quality.

Damaged wine caused by shipping is the responsibility of the recipient, and when appropriate, of the carrier.

Black Sears will replace flawed bottles not caused by shipping damage. ("flawed" meaing corked or otherwise tainted)

Public Forums

This site may make chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. We also encourage visitors to be courteous in communicating with others and to be smart about choosing when and to whom to release personal information online. Never disclose any personal information that is of a sensitive or confidential nature on any public area of our site.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All registration information is stored in secure locations on password-protected servers.

Choice/Opt-Out

Our site provides users the opportunity to opt-out of receiving communications from our partners at the point where we request information about the visitor. Please contact info@blacksears.com to "opt-out" of this feature, and have yourself removed from our databases. This will not affect the use of cookies and other system data that we gather from you, as this is generally anonymous information that is used in aggregate form.