Terms of Sale / Conditions of Purchase
Effective Date: September 2, 2026 Last Updated: September 2, 2026
These Terms of Sale govern every purchase made on elkwine.com (the "Site") and apply in addition to our Terms of Service, Shipping Policy, Return & Refund Policy, and Privacy Policy. By placing an order, you agree to these Terms of Sale.
1. Offer and Acceptance
Your order is an offer to purchase, not an acceptance by us. A contract of sale is formed only when we confirm and ship your order — not when you submit payment information or receive an automated order-received email. We may accept, decline, or cancel any order, in whole or in part, at our sole discretion, including for the reasons described in our [Terms of Service] (Section 4).
2. Purchaser Representations
By placing an order, you represent and warrant that:
- You are at least 21 years old, and you are purchasing for personal consumption and not for resale, unless you separately hold a valid license authorizing resale and have made prior arrangements with us;
- The delivery address you provide is one where we are legally permitted to ship, and you will not use a false, forwarding, or freight-forwarding address to circumvent state shipping restrictions;
- The order quantity does not, to your knowledge, cause you to exceed any applicable state limit on the amount of wine an individual consumer may lawfully receive by direct shipment within a given period (these limits vary by state — for example, a number of states cap direct shipments at a set number of cases per household per month or per year); and
- You are not purchasing on behalf of, or for delivery to, anyone under 21.
3. Pricing, Quantity, and Order Limits
All prices are listed in U.S. dollars unless otherwise stated and are subject to change without notice. We reserve the right to limit the quantity of any product purchased per order, per customer, or per household — including to comply with state quantity limits described in Section 2, to manage limited-allocation or highly allocated wines, or to prevent suspected resale activity. If a pricing or quantity-limit error is discovered after you place an order, we will contact you before completing the sale and you may cancel the order for a full refund.
4. Taxes
The price displayed at checkout includes, or will have added, applicable sales tax and, where legally required to be passed through, excise or wholesale tax, calculated based on your delivery address. Tax rates and structures vary significantly by state and, in some cases, by locality; by placing an order, you acknowledge that the total charged may include these taxes even where not itemized separately at every step of checkout.
5. Payment Authorization
By providing a payment method, you authorize us (or our payment processor) to charge the full order total, including taxes and shipping, at the time of order confirmation (or, for subscriptions, at each scheduled billing date per our [Terms of Service], Section 9). You represent that you are authorized to use the payment method provided.
6. Product Descriptions, Vintages, and Availability
We make reasonable efforts to ensure product descriptions, vintages, ratings, and images are accurate, but wine is an agricultural product subject to vintage variation, limited availability, and occasional supplier or labeling changes beyond our control. We do not guarantee that a specific vintage, label design, or bottle condition shown on the Site will match exactly what is delivered, and we may substitute a comparable product or vintage where the exact item ordered becomes unavailable, unless you tell us at the time of order that no substitution is acceptable — in which case we will cancel and refund that item instead.
7. Title, Risk of Loss, and Delivery
Title to and risk of loss for the products purchased passes to you upon tender of the products to the carrier in the State of Florida, consistent with Section 6 of our [Terms of Service]. Delivery is further governed by our [Shipping Policy], including adult-signature and ID requirements.
8. Cancellations
You may request cancellation of an order at any time before it has shipped by contacting us at the information in Section 10. Once an order has shipped, it is governed by our [Return & Refund Policy] rather than this cancellation provision.
9. Sole Agreement on Purchase Terms
These Terms of Sale, together with the documents referenced above, are the entire agreement between you and Elk regarding your purchase and supersede any prior or contemporaneous representations regarding the same order, including anything stated in marketing materials, unless expressly confirmed in writing by Elk for your specific order.
10. Contact Us
Elk 487 Northeast 189th Street, Miami, Florida 33179, United States Email: elk@elkwine.com Phone/WhatsApp: +1 (786) 750-1019