Terms of Use

Effective date: January 1, 2025

Acceptance of Terms

By accessing or using the Proof Cellars website (proofcellars.com), you agree to be bound by these Terms of Use. If you do not agree to these terms, do not use our website or services.

Description of Service

Proof Cellars provides a platform for individuals to submit information about wine and spirits they may wish to sell. We review submissions and may provide offers to purchase items directly. Our website allows you to submit inquiries via an online form or by texting photos and details to our phone number.

We are a direct buyer. We do not operate as a consignment service, auction house, or marketplace connecting buyers and sellers.

Eligibility

You must be at least 21 years of age to use our website and services. By using our website or submitting an inquiry, you represent that you are at least 21 years old.

Submissions and Accuracy

When you submit information about items you wish to sell, you represent and warrant that:

  • -You have legal authority to sell the items
  • -The items are your property or you have been authorized by the owner to sell them
  • -The information you provide is accurate to the best of your knowledge
  • -Photos you submit accurately represent the current condition of the items
  • -The items were obtained legally and are not stolen, counterfeit, or otherwise prohibited

Submitting information to us does not create any binding agreement to sell or obligation for us to purchase.

Quotes and Offers

Any quote or offer we provide is based on the information you submit and is subject to the following:

  • -Quotes are not binding until we receive and inspect the items
  • -Final offers may be adjusted based on actual condition upon inspection
  • -We may decline to purchase items for any reason, including but not limited to condition issues, authenticity concerns, or market factors
  • -Quotes are valid for a limited time as specified in our communications

A binding agreement is formed only when both parties agree to specific terms for a transaction in writing.

Shipping and Delivery

If we agree to purchase items from you, we will coordinate shipping or pickup arrangements. Specific terms, including responsibility for shipping costs and risk of loss, will be communicated and agreed upon before items are shipped.

Transactions involving alcohol are conducted only where permitted by applicable law. We will confirm transaction details and logistics based on your location and applicable regulations.

Prohibited Use

You agree not to:

  • -Submit false, misleading, or fraudulent information
  • -Attempt to sell items you do not have authority to sell
  • -Submit counterfeit, stolen, or illegally obtained items
  • -Use our website for any unlawful purpose
  • -Interfere with or disrupt the operation of our website
  • -Attempt to gain unauthorized access to our systems

Intellectual Property

All content on our website, including text, graphics, logos, and design, is owned by Proof Cellars or our licensors and is protected by copyright and other intellectual property laws. You may not copy, reproduce, or distribute our content without prior written permission.

Third Party Services

Our website uses third party services including:

  • -Jotform for form submissions
  • -Vercel for website hosting
  • -Cloudflare for domain, email and DNS services
  • -Google for analytics, email, and data storage services

Your use of our website may be subject to the terms and privacy policies of these third party services. We are not responsible for the practices of third party services.

Disclaimers

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

We do not guarantee the accuracy of any valuations, quotes, or market information we provide. Market values for wine and spirits fluctuate and our assessments are based on available information at the time.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PROOF CELLARS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claims arising from your use of our website or services shall not exceed the amount you received from us in any transaction, if any.

Indemnification

You agree to indemnify and hold harmless Proof Cellars and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of our website, your submissions, your violation of these terms, or your violation of any rights of another party.

Changes to Terms

We may update these Terms of Use from time to time. If we make material changes, we will update the effective date at the top of this page. Your continued use of our website after changes are posted constitutes acceptance of the updated terms.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these terms or your use of our website shall be resolved in the state or federal courts located in Los Angeles County, California.

Contact Us

If you have questions about these Terms of Use, please contact us: