Terms & Conditions

For Infamous Insiders Terms & Conditions, click here.

Welcome to the 19crimes.com website. This website (‘Site’) is owned by Treasury Wine Estates (‘TWE’, ‘We’ or ‘Us’). The following website terms and conditions (‘Terms and Conditions’) govern the Site. We reserve the right to amend the Terms and Conditions from time to time and advise you to read these Terms and Conditions prior to every purchase from the Site.

THE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER (SECTION XII)

I. AGE REQUIREMENT

You may only use this Site if you are aged 21 years or over or otherwise over the legal drinking age in your country of residence. If you are not of legal drinking age, please exit this Site immediately.

II. PRIVACY POLICY

Any personal information submitted by you to this Site is governed by these Terms and Conditions and our Privacy Policy.

III. LINKS TO THIRD PARTY SITES

Links to third party sites are provided solely for your convenience. Using these links will take you away from the Site. These Terms and Conditions and our Privacy Policy do not apply to any website you reach by using these links or otherwise leaving the Site. We are not responsible for third party websites, their content or the goods and services available on them.

IV. INTELLECTUAL PROPERTY

The data, images and information (collectively, ‘Intellectual Property’) appearing on this Site (including but not limited to names, trademarks, logos and copyrighted material) are owned by us, our related companies or third party licencors. You agree not to reproduce, sell, distribute, publish, broadcast, circulate or commercially exploit the Intellectual Property in any manner, unless expressly permitted by us in writing or, in the case of copyright material, as permitted by federal copyright laws. All rights not expressly granted here are reserved to Treasury Wine Estates Americas Company.

You agree to not use any computer program tools including but not limited to web spiders, bots, indexers, robots, crawlers harvesters or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (collectively, ‘Tools’) to access acquire, copy or monitor any portion of the website or content, reproduce or circumvent the navigational structure or presentation of the Site or any content, obtain or attempt to obtain materials, documents or information through any means not purposely made available through the website. Tools that access or use the Site shall be considered agents of the individuals who control or author them.

V. DISCLAIMER

This Site is provided to you on an “AS IS” and “WITH ALL FAULTS” basis. This means that despite our best efforts, the Site may contain inaccuracies, omissions, errors or other defects and you rely on it at your own risk. TREASURY WINE ESTATES AMERICAS COMPANY (‘TWE’) MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL TWE BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOST PROFITS OR GOODWILL RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS OR COMPUTER VIRUSES, IRRESPECTIVE OF WHETHER TWE KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND THIRD PARTY CLAIMS. IF THE WARRANTY EXCLUSION OF LIMITATION OF LIABILITY OUTLINED IN THESE TERMS AND CONDITIONS IS DETERMINED BY COURT JUDGMENT OR ARBITRATOR’S WRITTEN OPINION TO BE UNENFORCEABLE, YOU AGREE THAT TWE’S LIABILITY WILL NOT EXCEED TWENTY FIVE DOLLARS ($25.00) USD.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

VI. TRANSACTIONS ON SITE

If you use this Site to purchase goods from us, we may require that you open an account and create a username and password. You are responsible for the confidentiality and use of your password. You agree to notify us immediately if you become aware of (a) any loss or theft of your username or password or (b) any unauthorized or illegal use of your username or password.

VII. MISCELLANEOUS

You understand and agree that we may comply with law enforcement requests or subpoenas regarding the use of the Site. Wherever possible, these Terms and Conditions will be governed by the laws and regulations of the state of California.

VIII. RETURN POLICY

We will replace any bottle of wine that is damaged, flawed, or otherwise deemed to be unsatisfactory. We may request that the customer return the unfinished portion of the original bottle for replacement along with any shipping materials and a copy of the purchase receipt. Please contact us by visiting our Support page for assistance.

IX. ORDER AND SHIPPING INFORMATION

Orders are processed Monday through Friday 9 am to 4 pm. Orders placed during processing hours may take up to two days to ship. Order placed on weekends and holidays may take up to an additional 3 days to ship.

Completed orders for express service placed during business hours ship within 24-48 hours.

Customers requiring specialized delivery service are encouraged to call us directly for assistance in placing the order.

Based on state availability, shipments are handled by UPS or FedEx. Unless designated by the customer, most orders are shipped via ground service.

Wine shipments require an adult (21 years or older) signature at the time of delivery. No wine will be delivered to a visibly intoxicated person, and any person unable to produce age verification forfeits their right to receive the shipment until identification is produced. In such circumstances, the order may be held in storage at a local depot until appropriate identification is produced, or it may be shipped back to us in original condition, restocked, and the purchase price refunded.

All costs associated with the returns due to unsuccessful delivery attempts will be charged to the customer.

Shipping charges include costs for third party transit and all product-handling costs. Orders are shipped following credit card authorization and settlement.

X. MOBILE/TEXT/SMS

The 19 Crimes mobile message service (the "Message Service") is operated by TWE. Your use of the Messaging Service constitutes your agreement to the Terms and Conditions found on this webpage.

By consenting to the Message Service, you agree to receive recurring SMS/text messages from and on behalf of 19 Crimes through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for the Message Service in order to make any purchases, and your consent is not a condition of any purchase with 19 Crimes. Your participation in this program is completely voluntary.

We do not charge for the Message Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Message Service at any time. Text the single keyword command STOP to +18333104645 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

For service support or assistance, text HELP to +18333104645 or email 19crimes@19crimes.com.

We may change any short code or telephone number we use to operate the Message Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the Message Service with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

XI. ARBITRATION AGREEMENT

READ THIS SECTION CAREFULLY. IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH MEMBER CAN SEEK RELIEF UNDER THESE TERMS AND CONDITIONS.

1. Any dispute, claim or controversy arising out of or relating to the Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, or any aspect of the relationship between you and TWE, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, CA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Terms and Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. Notwithstanding the provision in the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to the Terms and Conditions of this Program shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). The parties acknowledge that the Rewards Program evidences a transaction involving interstate commerce. In any arbitration arising out of or related to these Terms and Conditions, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
2. ALL CLAIMS MUST BE BROUGHT IN MEMBER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS TWE AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MEMBERS. MEMBER AGREES THAT, BY ENTERING INTO THESE TERMS, MEMBER AND DAOU EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in San Francisco, California for such purpose.

XII. CONTACT US

If you have any questions about these Terms and Conditions, please contact us by visiting our Support page.