Terms & Conditions

Introduction

We thank you for visiting the BeverageFactory.com website. Please take the time to review our terms and conditions section. Please know, that by accessing, transmitting or downloading information from this site, you agree to comply with and be bound by these terms and conditions. Although BeverageFactory.com has attempted to provide accurate information on this web site as a service to you, the user, BeverageFactory.com assumes no responsibility for, and makes no representations with respect to the accuracy of the information. BeverageFactory.com reserves the right to add, modify or delete any content from the web site, including the terms and conditions, at any time, without prior notice.

Business Hours

Office hours are Monday through Friday 7am-4pm PST. We are closed Saturdays, Sundays and major holidays.

Customer Service

If you have any questions about your order or about an item, please call us at 1-800-710-9939 during our regular business hours.

Orders

Orders are processed in order they are received. Normal processing can take between 24 and 48 hours. Upon verification and approval of payment, you merchandise will be shipped out as soon as possible. Shipping times represent the time it normally takes your package to arrive from the day we actually send it out, not from the day you submit your order. Additionally, processing & shipping times do not include non-business days (i.e., Saturdays, Sundays, & holidays). While we maintain a huge stock of all our products, it is wise to call us for availability if your order is especially urgent.

If for some unforeseen reason, an item is no longer available or will be backordered for an extended period of time, you will be notified immediately. Most items on this website are generally available to be shipped within 1-14 business days. Once shipped, most products will arrive within 3 to 7 business days depending on the destination.

BeverageFactory.com has stringent policies when it comes to credit card screening and is dedicated to protecting our customers from credit card fraud. To protect the security of your credit card and help expedite your order, if your order is shipping to an address that is not the same as the billing address on your credit card, you may be asked to list the alternate address with your credit card company.

You can call your credit card company in advance and place an alternate address on file with your credit card to speed up the processing time of your order. Simply call the 800 number on the back of your credit card and ask the agent to add the address to the notes on your account. This note on your account authorizes purchases that are delivered to a destination other than your billing address. Failure to do so may delay the processing of your order.

Note: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BeverageFactory.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications before accepting any order.

Payment

Payments can be made by Credit Card via our online shopping cart service, telephone order, email, or fax. We currently accept Visa, Mastercard, and most Debit Cards. There is no additional charge for Credit Card payments. Online Payments can be made from the website: https://www.beveragefactory.com Telephone Credit Card Payments can be made by calling Toll Free 1-800-710-9939 Faxed Credit Card Payments can be made by filling out our Fax Order Form and faxing to: 858-527-0188

You can also mail us payment in the form of a Personal Check, Money Order or Cashiers Check. Do not send Cash. On mailed payments, please use our Mail In Order Form located on our shopping cart. Allow 7-10 banking days for Personal Checks to clear. Money Orders and Cashiers Checks will take 1 banking day to clear. Mail Payments and Make Check Payable to:

The Beverage Factory
8510 Miralani Dr.
San Diego, CA 92126

Payments in Cash may be made in person, at our physical location in San Diego, CA.

Sales Tax

Sales tax will be applied to all transactions that are delivered within California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Texas, Washington or Wisconsin. The Sales Tax rate will be determined by the County and Tax District in which the shipment terminates.

No Sales Tax is applied to purchases shipped outside of California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Texas, Washington or Wisconsin. It is the responsibility of the buyer to report the sales tax to their appropriate state sales tax office.

Sales Tax will not apply on items that are shipped within the state of California and that are intended for resale. Buyer must provide adequate proof of intent to resell purchased items. In order to qualify for a tax exempt resale account, the buyer must provide to Beverage Factory the following information.

• A copy of a valid California Resellers Permit. You can check the status of California resale permits here: https://efile.boe.ca.gov/boewebservices/verification.jsp?action=SALES
• A completed and signed California Resale Affidavit: http://www.cdtfa.ca.gov/formspubs/cdtfa230.pdf

Warranties

Unless otherwise stated, all items carry a 1-year Manufacturer's Warranty. All products are warrantied by the respective manufacturer to be free of defects in material or workmanship, under normal use and operation, for a period of 1 year from the date of purchase. Defective parts, subject to the inspection of the Manufacturer, will be replaced or repaired during the warranty period on a no charge basis. Improper operation due to low voltage conditions, inadequate wiring, accidental damage, or improper use, is the responsibility of the Buyer. All shipping costs related to returning the product to the Manufacturer for inspection will be prepaid by the buyer. Shipping costs will be reimbursed if parts are determined to be defective. Shipping non-defective parts back to the Buyer will be paid by the Buyer. All expenses, losses in revenue, and labor charges arising or originating from the failure of defective parts will be borne by the Buyer.

Shipping & Handling

Most items ship out within 1-3 business by FedEx, UPS or USPS. Large items are shipped via Motor Freight Standard curbside delivery. Mot delivery times take around 3 to seven business days for delivery. If you require faster shipping, please call our Customer Service Dept. at 1-800-710-9939 for expedited shipping rates. Carefully inspect all merchandise before signing the release with the freight carrier.

Items shipped via Common Carrier will have a flat rate shipping charge applied to that item. Multiple orders of these items will be the flat rate multiplied by the quantity. All shipments made via Common Carrier are for curb-side service only. Use of a lift-gate or inside delivery service will carry additional charges. When receiving shipments from Common Carrier it is recommended the Buyer have two people to help receive and move the item. Please contact us for special service deliveries.

No shipments or deliveries are made on Saturdays, Sundays, and holidays. BeverageFactory.com is not responsible for delays in shipping due to weather, mechanical failures, typographical and/or transcribing errors, and others factors beyond our control.

Receiving Merchandise

Please inspect the exterior of the packaging for damage. Make a note of any exterior damage on the bill of lading. Carefully remove all packaging and inspect the merchandise for dents, scratches, or other shipping damage. If there is damage, call us immediately at 1-800-710-9939 before accepting delivery. Save all packaging and do not destroy boxes etc. in case of return. You have 48 hours to file a damage claim. Claims filed after 48 hours of receipt may not be honored.

Damaged Shipments

Please read and understand this section. Damaged shipments do occur. All shipments must be thoroughly inspected for any sign of damage before signing the carrier's freight bill. The driver is required to wait during your inspection. For all shipments, the packaging should be saved in good order in case a return needs to be made. The freight company prior to issuing a return must inspect damaged freight.

• Visible Damage
  If there is Visible Damage or you feel there may be Concealed Damage to the packaging, carefully unpack and inspect the contents of the shipment prior to signing the freight bill. The driver must wait. If the contents are damaged, you should reject the shipment. If the contents are not damaged you should accept the shipment, but you should still make a note on the freight bill that the packaging was damaged.
• Concealed Damage
  If damage is Concealed and you did not make a note on the Freight Bill, you have 48 hrs. to report that damage to BeverageFactory.com. Damaged items will be replaced or repaired at no cost to the Buyer.

All items damaged in transit can be exchanged or refunded the full amount of the merchandise as long as you contact us within 48 hours of receipt of delivery. Damaged products must have the original box, packaging materials, manuals and accessories. Once a damage procedure is initiated, the shipping company will return to the delivery location to inspect and pick up the damaged product. Please make sure the product is available and ready for the pick-up attempt in order to avoid delays. If you do not make the product available for pick up, you will be responsible to ship the product back yourself. Please call us ASAP at 1-800-710-9939 to return or report a damaged product.

Defective Products

All defective products will be handled by the manufacturer under the terms of their warranty. BeverageFactory.com is not responsible for replacing products that fall under the manufacturer's warranty coverage.

Custom Orders

Most Wine storage units and racking systems are built to order by the manufacturer and require additional delivery time. All wine cellars, racking systems and other custom orders require prepayment at the time of order. A 15% restocking charge will be imposed on any cancellations after 10 days from the order date. The customer is responsible for all freight charges. Carefully inspect all merchandise before signing the release with the freight carrier.

Return Policy

We accept returns for items within the first 30 days of receiving your merchandise. You may return it for a prompt exchange, credit, or refund within 30 days of receiving your merchandise as long as all merchandise is returned in new condition (unused and in original factory condition), with all original boxes (including all packaging materials), documentation, instructions, and accessories. All returns are subject to our inspection and approval. Personalized and custom items, and shipping and handling charges are non-refundable, and return shipping charges are the sole responsibility of the purchaser.

All returned merchandise must be accompanied by a valid Return Authorization Number. To initiate a return, please call our Customer Service Dept. at 1-800-710-9939. Once you obtain your Return Authorization Number, you have 30 days in which to get the product back to us. You are responsible for arranging the return shipment of the product. We reserve the right to deny a full refund of the purchase price if the product is not returned in this manner. Items that are returned damaged or without proper packaging materials are subject to a 15% restocking fee. For all returns and cancellations that "shipped free" a shipping charge equal to the cost of the round trip of the shipment will be withheld from the refund. It is important to save all packaging and not destroy boxes in case of a return.

Return Procedure

Save all packaging materials. Do not use items being returned. Call us first for a return authorization. For all authorized returns, send item(s) in their original packaging to:

The Beverage Factory
8510 Miralani Dr.
San Diego, CA 92126

For larger items that ship via Common Carrier, BeverageFactory.com will make assist in shipping arrangements.

Order Cancellation

You may cancel your order for any reason, and receive a full refund provided your order has not been shipped. If you want to cancel your order with us, please do so quickly, most of our products are shipped within 1 to 3 business days. You must receive a confirmation of your cancellation either over the phone and/or by email for it to be "officially canceled".

Please call our Customer Service Dept. at 1-800-710-9939 and speak with our representatives to advise you if your order can be cancelled for a full refund. Once an item has shipped, the terms of our Returns policy will take effect. We reserve the right to charge a restocking fee of up to 15% on orders once they have shipped.

Errors & Omissions

BeverageFactory.com makes every attempt to present its products and descriptions as accurately as possible. However, BeverageFactory.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free. Products offered erroneously due to typographical errors and/or omissions may be returned for a full refund.

Site License & Access

BeverageFactory.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BeverageFactory.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BeverageFactory.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BeverageFactory.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BeverageFactory.com name or trademarks without the express written consent of BeverageFactory.com. Any unauthorized use terminates the permission or license granted by BeverageFactory.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BeverageFactory.com so long as the link does not portray BeverageFactory.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use BeverageFactory.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Trademarks & Copyrights

This site is owned and operated by Cydea, Inc. a California Corporation. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cydea, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Cydea, Inc. and protected by U.S. and international copyright laws. BeverageFactory.com, Jockey Bar, The Ultimate Kegerator and other marks indicated on our site are registered trademarks of Cydea, Inc. in the United States and other countries. Trademarks or trade dress of BeverageFactory.com may not be used in connection with any product or service that is not BeverageFactory.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BeverageFactory.com. All other trademarks not owned by BeverageFactory.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BeverageFactory.com.

Limited Liability

The Buyer acknowledges by purchasing these items that the Buyer waives any and all claims whatsoever against BeverageFactory.com for damages sustained due to loss occasioned by misuse, product failure, earthquake, fire, flood and related damage to any of the equipment items which are the subject of this contract. Buyer will indemnify and hold BeverageFactory.com harmless from any and all losses, liability, damages, claims, demands or suits and related costs (including attorney's fees) and expenses to person or property that arise directly or indirectly from use of the products purchased through BeverageFactory.com.

Governing Law & Dispute Resolution

If there is any dispute involving goods or services purchased from The Beverage Factory, or the terms and conditions of this agreement, you agree that the dispute will be governed by the law of the State of California. You further agree that any claim, suit or dispute resolution proceeding involving goods or services purchased from The Beverage Factory, or the terms and conditions of this agreement, shall be brought, solely and exclusively, in the State of California, County of San Diego. You further agree that any dispute involving goods or services purchased from The Beverage Factory must be resolved by arbitration under the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, except the foregoing shall not prevent The Beverage Factory from seeking injunctive relief in a court of competent jurisdiction, or from bringing suit in court, to enjoin infringement or other misuse of intellectual property rights. Nor shall the foregoing prevent any party from seeking relief in a San Diego County, California small claims court, should their claims qualify.

Entire Agreement

This is the entire agreement and contains the complete statement of all arrangements between BeverageFactory.com and the Buyer with respect to the subject matter and supercedes all previous agreements, arrangements, and understandings, written or oral, relating to its subject matter.

Privacy Information

At BeverageFactory.com, the privacy and protection of your personal and financial information is very important to us. We use the information that we collect on our site top provide you with a superior shopping experience. We ask for information that will ensure that your order is processed in an accurate, secure and timely manner.

Whenever you place an order with us or join our mailing list, you will be asked to provide contact information, and in the case of an order, financial data as well. Contact information is used to ship your order to you, contact you about any issue involving your order, and/or occasionally send you information about our company or promotions. Financial data is used solely to bill you for merchandise purchased and/or services rendered.

All your private data is secured using 128-bit encryption, which safely encrypts the data before sending it to us. Also note that we never disclose your personal information to third parties, except where required by law or in order to provide you with a requested service.

BeverageFactory.com is the sole owner of the information collected on this site. We will not sell, share or rent this information to others for purposes of solicitation. You do not have to worry about receiving unsolicited email from other companies or individuals as a result of shopping with BeverageFactory.com. We also not call you unless there is a problem with your order. BeverageFactory.com reserves the right to use customer contact information for the purpose of providing customers with company information.

Click here to read our complete privacy policy.

Order Security

Our online and phone ordering uses industry-accepted standards of security (SSL verified - Secure Sockets Layer). SSL encrypts all information entered on our site before it is sent over the Internet. We have put into place security measures to protect personal information from loss, misuse or alteration while it is under our control.