XPEDITR TERMS AND CONDITIONS
This website is owned and operated by Xpeditr Inc., doing business as new Xpeditr Inc. and its affiliated entities (collectively referred to as "Xpeditr Inc.").
THESE TERMS AND CONDITIONS, WHICH MAY BE UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION GENERAL LEGAL, MODIFICATION OF TERMS, GOVERN YOUR USE OF THIS WEBSITE. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THIS WEBSITE OR MAKING ANY PURCHASE OF PRODUCTS OR SERVICES FROM XPEDITR INC. By using this website or purchasing any service from Xpeditr Inc., you ("User" or "Customer") are accepting these Terms in full. Xpeditr Inc. operates a number of websites, and unless a specific site provides its own terms of use, these Terms apply universally. YOU ARE STRONGLY ENCOURAGED TO REVIEW THESE TERMS BEFORE EACH VISIT.
WEBSITE AND DTC PORTAL TERMS OF USE
Registration
Registering on this website is free and allows Users to save frequently used details such as wine preferences and personal data to help expedite checkout, as well as to access the DTC Portal. A valid credit card, along with the User’s name, billing address, and phone number, must be provided when making a purchase through Xpeditr Inc.’s service portal. Users may update and maintain this data, along with shipping addresses and other personal information, within the My Account section of the Xpeditr Inc. website. All personal information submitted will be managed in accordance with the Xpeditr Inc. Privacy Policy. Upon registration, a valid email address and password must be provided. The User, or an authorized representative, is responsible for maintaining the confidentiality of this login information and accepts full responsibility for all activity under their email and password. If any unauthorized access is suspected, the User must promptly notify Xpeditr Inc. Each email and password combination must be used by a single User or their authorized representatives only and may not be transferred. Xpeditr Inc. may suspend or terminate access to any account it suspects is being misused.
User Conduct
By using this website, the DTC Portal, or any online services offered by Xpeditr Inc., the User agrees not to engage in any activity that is unlawful or violates these Terms. The User must comply with all applicable local, state, national, and international laws and is solely responsible for all behavior and actions carried out under their account, including all content transmitted through Xpeditr Inc.'s service. Without prior written permission from Xpeditr Inc., the User may not copy, distribute, alter, develop derivative works from, repost, or otherwise use the content on this website. Nothing in these Terms shall be interpreted as granting a license or right to use any copyrighted material or intellectual property belonging to Xpeditr Inc. or others.
The User agrees not to attempt to access the website or any of its content if they are under the legal drinking age of the jurisdiction from which they are accessing the site. The User further agrees not to upload, post, or transmit any content that is illegal, abusive, threatening, obscene, lewd, defamatory, or otherwise offensive; that infringes upon the intellectual property, privacy, publicity, or proprietary rights of others; or that contains viruses or harmful code. The User may not disrupt or place excessive load on the site or attempt unauthorized access to any part of the website, its servers, or network infrastructure. Providing false personal information, impersonating others, or otherwise misleading third parties about one's identity or the origin of any message or content is prohibited. The User agrees not to transmit junk mail, chain letters, bulk emails, or duplicative messages, and not to gather or harvest information about other site users without their consent, including but not limited to collecting email addresses or financial data. Selling access to or use of the website, including any of its content, is not permitted. Redistributing content provided by Xpeditr Inc., including blog material, through any means—such as print publications, fax, mobile devices, email, websites, forums, or any other platform—is also prohibited.
Xpeditr Inc. retains the right to monitor, review, store, and disclose any information as needed to comply with applicable laws, regulations, legal processes, or legitimate government inquiries.
Xpeditr Inc.'s Right to Terminate
Xpeditr Inc. reserves the right to revoke access to its services and websites at any time, at its sole discretion. Should such termination occur, the User will no longer be permitted to access Xpeditr Inc.'s platforms or services. Despite termination, the User remains bound by all restrictions previously outlined in these Terms. Furthermore, any licenses granted by the User, along with all disclaimers, limitations of liability, and related provisions stated either in these Terms or elsewhere on Xpeditr Inc.’s websites or documentation, will continue to remain in full effect.
Termination by User
If the User is dissatisfied with any aspect of the service or disagrees with any of these Terms, the User’s sole and exclusive remedy is to cease using the website and services. This Agreement will remain in effect until terminated by either the User or Xpeditr Inc.
Legal Age Requirement
Consigned and allocated wines may be delivered only to individuals who meet the minimum legal drinking age of 21 years in the United States or the equivalent legal age in other jurisdictions ("Legal Age"). The Customer affirms that they are of Legal Age and that any individual receiving delivery of wine is also of Legal Age. For deliveries within the U.S., a signature from an adult showing valid government-issued identification confirming they are at least 21 years old is required upon receipt. Additionally, under U.S. law, deliveries cannot be made to any person who is visibly intoxicated at the time of delivery. Customers are solely responsible for confirming the legality of wine shipments to their jurisdiction, as well as for any resulting tax or duty obligations. Any customs duties, tariffs, or applicable taxes imposed upon entry into the United States must be paid in full by the Customer before the wine is released for delivery.
Shipping, Pickup, and Delivery
Due to the complexities of direct shipping regulations, Xpeditr Inc. may not be able to facilitate the shipment of wine to certain U.S. states or specific "dry" areas within those states. Shipping laws continue to evolve based on legislation and judicial decisions and may change without prior notice. As a result, Xpeditr Inc. may alter its shipping availability to various states or regions at any time. Customers may designate a final delivery zip code in any state, but they are solely responsible for compliance with local import laws. Customers agree to indemnify, defend, and hold Xpeditr Inc. harmless from any claims, liabilities, costs, or penalties—including taxes, legal fees, and other expenses—arising from actions or omissions by the Customer or their representatives related to wine shipments coordinated by Xpeditr Inc. under these Terms. This includes any false or inaccurate representations made by the Customer in connection with these transactions.
Xpeditr Inc. does not guarantee the legality of importing wine into any state other than California. The Customer grants Xpeditr Inc. permission to carry out shipping instructions, whether by arranging delivery through a common carrier or asset-based truck to a permitted destination zip code, or by handing the wine over to a third-party shipping provider selected directly by the Customer, such as FedEx.
Xpeditr Inc. charges separately for air freight but does not handle the collection of any foreign taxes, import duties, or additional fees that may apply. These must be paid directly by the Customer to the appropriate parties prior to wine release. These international charges vary widely and can be significantly high—sometimes exceeding the product value itself—and are subject to detailed and often complicated regulations. Additionally, certain countries enforce sampling laws that may allow authorities to open bottles during inspection. Failure to comply with duty payments may result in the seizure of the wine. FOR THESE REASONS, ALL INTERNATIONAL SHIPPING FEES ARE ESTIMATES ONLY (SEE SHIPPING COSTS), AND ALL RESPONSIBILITY FOR THESE COSTS RESTS ENTIRELY WITH THE CUSTOMER.
International Shipping Costs
Customers are solely responsible for all carrier-related charges, duties, and customs fees that arise when shipping their purchases to the specified delivery address. Any estimates offered by Xpeditr Inc. for shipping, customs, or duty costs are for informational purposes only and should not be treated as final. In certain cases and upon request, original wooden boxes associated with a wine purchase may be shipped separately from the bottles using a common carrier. This option is subject to an additional shipping charge.
Shipping Responsibility
When shipping wine during extreme weather conditions, special care is necessary. Elevated temperatures may cause corks to leak, while freezing temperatures can result in spoilage and pushed corks. Xpeditr Inc. offers temperature-controlled shipping options intended to safeguard wine during transport. If a shipment is initiated through FedEx, the Customer acknowledges and accepts full responsibility for the shipment, including any weather-related risks that may arise in transit. In such cases, Xpeditr Inc. will not be liable for, nor will it replace, any wine damaged due to adverse climate conditions.
Inventorying of Wine Picked Up or Dropped Off
Any manifests or documentation provided in advance by the Customer or an authorized third party—such as retail stores, wineries, auction houses, or others—are for advisory purposes only until Xpeditr Inc. completes its own physical inventory. Xpeditr Inc. will officially acknowledge the receipt of wine, including vintages, quantities, and bottle sizes, only after conducting its inventory process. No confirmation of contents will be issued at the time of pickup or drop-off. Xpeditr Inc. is not responsible for any differences between its own inventory and the manifests or expectations of the Customer or third parties. In the case of any discrepancy that cannot be resolved through documentation or discussion, the Customer agrees that Xpeditr Inc.’s inventory shall serve as the final and binding record.
Scheduling Pickups and Deliveries
Wine pickups or deliveries will only be arranged at the request of the Customer. Xpeditr Inc. assumes no responsibility for any clerical or typographical mistakes in the instructions submitted by the Customer—whether via the DTC Portal, email, fax, written letter, or verbal communication—or for errors that arise during transcription.
Pickup and Delivery Delays or Cancellations
When using Xpeditr Inc.'s paid pickup or delivery service, the first 15 minutes of stationary time are included. This period encompasses all time spent loading, unloading, waiting, or conducting activities caused by either the Customer’s action or inaction. Any additional time beyond this allowance is billed at an hourly rate of $100. If the Customer fails to meet the driver within 15 minutes of the scheduled appointment, it will be classified as a "No Show" and subject to a cancellation fee of $150.
Pickups and Deliveries Using Third-Party Carriers
When Xpeditr Inc. arranges for pickups or deliveries through third-party service providers rather than its own logistics, the applicable terms and conditions of the external carrier will apply. These carrier-specific terms are available upon request from Customer Service.
Shipping and Transit Insurance
Xpeditr Inc. provides automatic insurance coverage of up to $50 per shipment—domestically or internationally—when the shipment is arranged through Xpeditr Inc. at no additional cost to the Customer. Additional insurance can be purchased at a rate of 1% of the declared value of the goods. The maximum coverage available is limited to the lower of the declared value or the market value of the wine. Xpeditr Inc. bears no liability for damage resulting from acts of nature, seizures, government actions, civil unrest, strikes, or other events outside of its reasonable control. Damage caused by inadequate packaging, deterioration, or wear and tear is also not covered unless packing was completed by Xpeditr Inc. Claims will only be paid after resolution of any associated insurance processes.
Inventorying
Xpeditr Inc.’s storage services are administered on the Customer’s behalf and require that all wine delivered to a Xpeditr Inc. facility undergo inventory procedures consistent with company policy. Unless explicitly exempted, all wines—including those in original wooden cases—will be inventoried and affixed with barcode labels at the case level. Limited exceptions may be granted at the discretion of Xpeditr Inc., such as in the case of sealed DRC banded cartons. For any exception, the carton’s external labeling will serve as the basis for entry into the Customer’s DTC Portal account. Xpeditr Inc. assumes no responsibility for the accuracy of wine contents in unopened cartons.
Errors in Inventory or Allocation of Wine to Customer Accounts
Despite careful handling, errors may occasionally occur. If either the Customer or Xpeditr Inc. identifies a potential mistake in the attribution or allocation of wine to a Customer account, both parties agree to promptly notify one another and work together in good faith to resolve the issue. If the wine in question remains in Xpeditr Inc.’s possession, the company will make the necessary corrections and reflect these changes in the Customer’s Storage Activity report. This report will serve as formal notification of the update to the Customer.
Cost of Adding and Withdrawing Wine
Xpeditr Inc. applies per-case fees for both inbound and outbound wine handling to cover the cost of processing bottles for storage or removal. These handling fees may vary depending on the client’s assigned priority level.
Ownership and Tax-Paid Representation
The Customer affirms and guarantees that they are the rightful owner of, or otherwise legally entitled to submit, the wine to Xpeditr Inc. for the services outlined herein. The Customer further confirms that all wine placed in the custody of Xpeditr Inc. is free from any liens, claims, or other encumbrances that could prevent or interfere with the submission of the wine for services. Additionally, the Customer declares that all wine provided is out-of-bond and fully "tax-paid," and that all necessary permits—if applicable—have been secured to allow for lawful storage at a Xpeditr Inc. facility.
Carton Replacement
At its sole discretion, Xpeditr Inc. may repackage wine into Xpeditr Inc.-approved storage cartons if the original packaging is deemed unsuitable. This may include shipments that arrive in Styrofoam containers or cartons that are damaged or structurally compromised, as determined by Xpeditr Inc. Charges for replacement materials will be assessed to the Customer.
Assumption of Risk for Wine Storage
The Customer understands and accepts that wine storage involves inherent risks beyond the control of Xpeditr Inc. These may include, but are not limited to, failures in temperature regulation systems, vandalism, negligent acts by employees or third parties, mishandling, inadequate packaging, infestations, cork issues, contamination, ullage, degradation in wine quality, acts of civil unrest or terrorism, seizure, natural disasters, and other unforeseen events. The Customer acknowledges having been informed of these risks and is encouraged to obtain adequate insurance coverage to guard against potential loss or damage at all stages—including before, during, and after delivery to Xpeditr Inc. By submitting wine for storage, and unless such loss is due to the gross negligence or intentional misconduct of Xpeditr Inc. or its personnel, the Customer expressly assumes all risk for damage or loss occurring while the wine is under the care, custody, or control of Xpeditr Inc. A storage insurance policy may be purchased by the Customer at a rate of $0.50 per $100 in declared value if not otherwise covered under their homeowner’s policy.
Exclusion and Limitation of Liability
Except in instances where damage or loss results from gross negligence or willful misconduct on the part of Xpeditr Inc. or its agents, representatives, or employees, Xpeditr Inc. shall bear no liability for any form of loss or damage—whether direct, indirect, incidental, punitive, special, or consequential—that may occur in connection with the handling, storage, or transportation of the Customer’s wine once in the possession or control of Xpeditr Inc. or its designated personnel. This limitation applies regardless of whether the claim is based in contract, tort, strict liability, or another legal theory, and even if Xpeditr Inc. has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, this limitation may not apply. Regardless, Xpeditr Inc.'s total liability in any circumstance shall not exceed the total amount paid by the Customer specifically for the storage of the wine that is lost or damaged.
Insurance
The Customer acknowledges that Xpeditr Inc. is not obligated to maintain insurance coverage for any wine under its control and that Xpeditr Inc. makes no promise to obtain or uphold any insurance policy for stored or transported goods. Customers are advised and expected to secure their own insurance to protect against losses or damages that may arise at any point, including before, during, or after delivery of the wine to Xpeditr Inc. While Xpeditr Inc. may provide access to a list of insurers offering wine coverage, such listings are for informational purposes only and do not constitute a recommendation or endorsement. Xpeditr Inc., along with its agents and employees, does not vouch for any underwriter or insurer, and takes no responsibility for the suitability or performance of any such third-party provider.
Inventory Service
Location Where Service Is Performed
Inventory services offered by Xpeditr Inc. may be carried out across all 50 U.S. states and, upon special request, internationally at separate rates. Services performed outside of an Xpeditr Inc. facility require minimum bottle quantities, which vary depending on whether the service location falls within or outside of Xpeditr Inc.’s designated local service area. The local service area includes the entire state of California, while all other domestic U.S. locations are considered outside the local zone and may be subject to different thresholds and rates.
Availability of Customer Data in DTC Portal
Once inventory is completed, Customer collection details will be uploaded to the DTC Portal and made accessible to the Customer within three business days. Xpeditr Inc. will notify the Customer via phone or email when the data is live and available for use. It should be noted that label images, where applicable, may take up to one month to appear within the DTC Portal account.
Billing and Payment
Statements of Services Purchased
Customers are responsible for reviewing their monthly statements and must report any disputed charges to Xpeditr Inc. within 30 days of receipt. Should a cash charge dispute be resolved in the Customer’s favor, the credited amount will appear on the next statement or, if no balance is outstanding, be refunded via check.
Billing and Unpaid Balances
Service charges will be billed monthly to the credit card on file, with billing typically processed on or before the first of each month. If a Customer fails to pay any amount due by the stated due date, interest will begin accruing at a rate of 2% per month from the date of delinquency. Additionally, a late fee of $25.00 will be assessed and included in the next payment. Payments will first be applied to late fees and then to the oldest outstanding balances. In instances where Xpeditr Inc. accepts a check that is subsequently returned or dishonored, the Customer will be charged an additional $50.00, and all future payments must be made via credit card, money order, bank check, or cashier’s check. If the Customer elects to withdraw a substantial portion of their stored wine, Xpeditr Inc. reserves the right to require full payment of all outstanding charges, including any early termination fees and storage through the date of withdrawal. The Customer agrees that such payment may be charged to their credit card on file.
Warehouseman’s Lien
Should the Customer fail to pay any amount owed under this agreement, Xpeditr Inc. reserves the right to deny access to the Customer’s stored wine and suspend services until all outstanding charges are paid in full. Accounts with balances overdue by 30 days or more will be locked, and no stored items will be released until the account is brought current. If the debt remains unpaid 60 days after written notice is provided, Xpeditr Inc. may, at its discretion, sell items from the storage account to recover the amount owed. Any proceeds from such sales will first be applied to the outstanding balance and related collection costs. Any surplus from the sale will be returned to the Customer.
General Legal
Rates
Wine prices and service rates are subject to change at any time and may be updated on the Xpeditr Inc. website without prior notice.
Copyright
Unless expressly noted otherwise, all content displayed on this website, accessed through Xpeditr Inc.’s services, or downloaded from Xpeditr Inc.’s servers is protected by copyright law. Such content is intended for use only in accordance with these Terms. Users should not assume that use of these materials will not violate third-party rights, and Xpeditr Inc. makes no representations or warranties to that effect. Use of these materials by the User, or any individual authorized by the User, is not permitted except as outlined in these Terms. Unauthorized use may constitute a violation of copyright laws, trademark regulations, privacy and publicity laws, and other applicable statutes or communications policies.
Trademarks
All trademarks, service marks, and logos featured on this website—whether registered or unregistered—are the property of Xpeditr Inc., its affiliates, or other authorized parties. Any misuse or unauthorized use of these marks or any website content is strictly prohibited. Nothing on the website should be interpreted as granting any right or license to use any trademark without the prior written consent of Xpeditr Inc. or the applicable trademark holder.
Release
The User agrees to release Xpeditr Inc. from any and all liability for any form of damage, loss, or injury—monetary or otherwise—that arises from the User’s or any third party’s use of Xpeditr Inc.’s websites, services, products, or any third-party references, except where otherwise stated within this Agreement. Xpeditr Inc. specifically disclaims liability for any damages or losses resulting from reliance on information provided through its website, personnel, contractors, third-party contributors, licensors, or any content made available in connection with its services.
Suitability and Fitness
The User acknowledges that they have independently assessed the suitability and appropriateness of Xpeditr Inc. for the purposes outlined in this Agreement and has not relied on any promises or assurances outside of those expressly included in this document. No representation made by Xpeditr Inc. or its affiliates, unless stated herein, shall serve as the basis for reliance.
Governing Law
This Agreement is governed by and shall be interpreted under the laws of the United States of America and the State of California, without reference to any principles of conflicts of law. Use of this website is unauthorized in jurisdictions that do not recognize or enforce all aspects of these Terms, including this provision. If the User accesses the website from a location outside of California, they are solely responsible for ensuring compliance with local laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The User further agrees that any claim or cause of action relating to the use of this website or Xpeditr Inc.’s services must be initiated within six months of the incident giving rise to the claim; otherwise, the claim will be permanently barred.
Entire Agreement
This Agreement constitutes the full and final understanding between the User and Xpeditr Inc. regarding the use of Xpeditr Inc.’s website and services, superseding all previous oral or written communications. A printed version of this Agreement, along with any electronic notifications, shall be admissible in any court or administrative proceeding with the same force and effect as other legally recognized business documents and records originally maintained in print.
Indemnity
The User agrees to defend, indemnify, and hold harmless Xpeditr Inc. and its officers, directors, employees, agents, affiliates, licensors, partners, successors, and assigns (each, a “Xpeditr Inc. Party”) from and against all claims, liabilities, losses, costs, damages, penalties, legal fees, settlements, or other expenses that arise out of or are related to the User’s use of Xpeditr Inc.’s website, DTC Portal, or services. This includes, but is not limited to, service purchases under this Agreement, the handling or valuation of wine, User’s violation of any term herein, or infringement upon the rights of third parties including privacy and intellectual property rights. This indemnity does not apply where liability results solely from the gross negligence or intentional misconduct of Xpeditr Inc. The company reserves the right to assume exclusive defense and control over any matter subject to indemnification, and the User agrees to cooperate fully in any such defense without cost to Xpeditr Inc. These indemnity obligations shall remain in effect for five years following the termination of services or use of the DTC Portal. The User agrees to pay any amounts owed under these obligations within five business days following written notice.
Disclaimers and Limitation of Liability
Access to and use of Xpeditr Inc.’s website, services, and the DTC Portal is entirely at the User’s own risk. To the extent permitted by law, Xpeditr Inc. and any parties involved in the creation, delivery, or maintenance of these services shall not be held liable for any damages—whether direct, indirect, incidental, special, consequential, or punitive—that arise from such access or use. The website and DTC Portal may contain errors, inaccuracies, or interruptions. Xpeditr Inc. does not guarantee uninterrupted functionality or that the website or servers are free from viruses or other harmful elements. All content and services are provided “as is,” with no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Dispute Resolution and Waiver of Court Proceedings
Both parties agree to attempt to resolve any dispute arising under or in connection with this Agreement through good-faith negotiation. A party may initiate this process by submitting written notice outlining the nature of the dispute and requested relief. The responding party shall then reply with a written statement of its position and proposed resolution. If negotiations fail to resolve the issue, the dispute shall be submitted to binding arbitration before a sole arbitrator located in Toronto, Canada. The arbitrator shall allocate arbitration costs, including reasonable attorney’s fees, to the non-prevailing party. The arbitrator shall not be empowered to award damages beyond those described in this Agreement, and both parties expressly waive the right to seek punitive or exemplary damages. By agreeing to these terms, both parties waive any rights to pursue claims through court litigation or jury trial. Any refusal to submit to arbitration may result in a court order compelling arbitration. Notwithstanding the foregoing, either party may seek preliminary injunctive relief or apply to a competent court to compel arbitration without breaching this agreement.
Notice
Any notices required under this Agreement must be submitted in writing and are considered valid when delivered in person, sent by postal service, or transmitted via email. Xpeditr Inc. may also provide notice by posting updates to its website. Communications should be addressed to the Customer’s contact information on file, or, if to Xpeditr Inc., to info@xpeditr.com.
Privacy and Security of Personal Information
This Agreement incorporates by reference the terms and conditions of Xpeditr Inc.’s Privacy Policy, which governs the collection, use, and protection of personal information. In the event of any conflict between this Agreement and the Privacy Policy, these Terms shall take precedence. Xpeditr Inc. is committed to the security of personal information entrusted to it. Customer data is encrypted using SSL (secure socket layer) protocols and safeguarded through various security measures on Xpeditr Inc.'s servers.
Miscellaneous
This Agreement includes and integrates the Privacy Policy found on Xpeditr Inc.’s website. Any conflicts between that policy and this Agreement will be resolved in favor of these Terms.