ُTerms and Conditions

Terms and Conditions

TERMS OF USE FOR THIS WEBSITE

The website displayed at nikpegasus.com (this “Site”) is operated by Nik Pegasus INC. Your use of and access to this Site is conditional upon your acceptance of these Terms of Use including our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.

AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY

Permitted Users of this Site

This Site is intended to be used, and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in the country from which you are accessing this Site.

Attention California residents. Proposition 65 WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy, Can Cause Birth Defect.

Use of this site

Nik Pegasus INC maintains this Site for your personal entertainment, information, and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other formats) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Site is prohibited except with Nik Pegasus INC express prior written consent. All rights not expressly granted here are reserved to Nik Pegasus INC.

You may 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 (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the

navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

Disclaimer of Warranties and Limitation of Liability

This site is provided on an “as-is” and “as available” basis. No representations or warranties of any kind are made, express or implied, as to the operation of this site or the information, content, materials or products include on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, this site’s owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site’s owner does not warrant that this site, its servers, or Emails sent from this site are free of viruses or other harmful components. This site’s owner will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

Certain state laws do not allow limitations or 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.

Indemnification

You agree to defend, indemnify and hold Nik Pegasus INC, its parents, affiliates, and subsidiaries harmless from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.

Termination

At its sole discretion, Nik Pegasus INC may modify or discontinue the Site or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.

Linking Policy

This website contains links to other sites. Please be aware that Nik Pegasus, INC is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each site that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

The United States Governing Law; Void where prohibited

This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Nik Pegasus INC intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Your information will be transferred to Nik Pegasus INC, located in the State of California, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for the disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

On-Line Stores; Promotions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Location of Sale

Title to, and ownership of, all wine passes from seller to buyer in the State of California, and the buyer takes all responsibility for shipping the wine from California to his or her home state. By placing an order, the buyer authorizes the seller to act on the buyer’s behalf in arranging for transportation of the wine at the buyer’s direction. Alternatively, buyer may choose to pick up the wine at the seller’s location or make independent shipping arrangements. Seller makes no representation as to the legal rights of anyone to ship or import any wines, alcoholic beverages or other goods into any state. The buyer warrants that he or she is solely responsible for the shipment of wine and other goods purchased and for determining the legality and the tax/duty consequences of having the wine and other goods shipped to the applicable destination.

Availability and Pricing

Prices and availability are subject to change without notice. Due to variations in condition and sourcing, different bottles of the same wine may occasionally be posted at different prices. Due to the real-time nature of our website, items are not removed from our inventory until after successful ‘check out’. Invoices, verbal and email confirmation notwithstanding, no item is guaranteed to be available until it has been pulled for shipping

Shipping Policy

At Nik Pegasus, INC your satisfaction is very important to us. We committed to delivering your product in excellent condition and in a timely manner. Order processing time is contingent upon credit card authorization and does not include weekends or holidays.

Shipping Address

A street address at which an adult over 21 years of age or older is available during daytime hours to receive wine is required. We, therefore, recommend a business address wherever possible. If wine is not accepted on the first delivery attempt, Nik Pegasus, INC reserves the right to invalidate its quality guarantee as repeated delivery attempts may subject the wine to undue temperature stress.

Quality Guarantee

Nik Pegasus, INC guarantees that wine is in excellent condition, or the condition that is stated in its offer, at time of delivery if it is shipped by the method recommended by Nik Pegasus, INC, within the laws of the state into which it is shipped and is accepted on the first delivery attempt. If you receive a bottle of wine for which the condition is not excellent and which does not match the description, please notify us at info@nikpegasus.com within 24 hours. Nik Pegasus, INC cannot accept a return of any bottle of wine that has been opened or altered nor any bottle of wine that has been out of its possession for more than 6 months.

Order cancellation

If you make an error in ordering, please contact us immediately. There is 10% fee for any order canceled and 15 USD for return shipping after the credit card batch has run (usually the evening of the same day). Orders are non-cancellable after 5 days from the date on the invoice, including pre-arrival wines and wines being held in our warehouse. Orders that are completed and shipped to an address outside of the United States are not cancellable or refundable for any reason.

Taxes

Sales tax is charged for all orders shipped to addresses in California, including storage facilities in California or picked up at our facility. Sales taxes may be charged for shipments into other states where such laws apply. Shipment to some countries outside of the United States requires the payment of duties by the recipient. Recipients outside the United States are required to know and comply with the laws of their countries.

Accessibility

Nik Pegasus INC is committed to making its website and each of its restaurant’s websites usable by all people by meeting or exceeding the requirements of the Web Content Accessibility Guidelines 2.1 (WCAG 2.1). We have engaged an accessibility consultant to conduct an audit of our websites and are in the process of implementing recommendations that will assist us in ensuring that our Web presence, to the best of our ability, is in conformance with the WCAG 2.1 Level AA. Please be aware that our efforts are ongoing as our current website designer implements the relevant improvements to meet WCAG 2.1 Level AA guidelines over time. If you have specific questions or concerns about the accessibility of this site or need assistance in using the processes found within our websites, please email.