Pennsylvania Code › Title 40 - LIQUOR › Part I - LIQUOR CONTROL BOARD › Chapter 9 - TRANSPORTATION, IMPORTATION, DISPOSITION AND STORAGE › Subchapter H - IMPORTATION OF WINE PURCHASED BY MEANS OF THE INTERNET › Section 9.145 - Direct shipper's website

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The direct
				  shipper's website must contain language that the direct shipper is solely
				  responsible for the fitness of the product and that the Board neither endorses
				  the direct shipper nor its products.
(b) The direct shipper's website must explain
				  fully the direct shipper's policy on the return of wine purchased by
				  consumers.
(c) The direct shipper's
				  website must inform consumers that it will not sell to anyone who is under 21
				  years of age on the date of order, and that, when the product is picked up, it
				  will not be released to anyone who cannot demonstrate that he is 21 years of
				  age or older, or to anyone who is not a resident of this Commonwealth, or to
				  anyone who is under the influence of alcohol or other drugs.
(d) The direct shipper's website must contain
				  the following language:
DISCLAIMER
Consumers must be 21 years of age or older on the date of
					 order and residents of Pennsylvania. All wine purchased must be for personal
					 consumption and not for resale. Consumers must select a Wine and Spirits Store
					 for delivery of their order. The Consumer must pick up the product in person at
					 the selected Wine and Spirits Store or designate at the time of order an
					 individual(s) who will be permitted to pick up the order. Whoever picks up the
					 order must be 21 and a Pennsylvania resident. When the order is picked up, the
					 person must present photo identification and be prepared to sign an affidavit
					 that he or she is 21 years of age or older, a Pennsylvania resident and that
					 the wine is for personal use not for resale. The entire order must be picked
					 up; no partial order pick-ups will be permitted.
The Pennsylvania Liquor Control Board endorses no Direct
					 Shipper nor does it provide any warranties either express or implied, as to the
					 fitness or merchantability of any product purchased over the Internet or
					 assumes any liability for the use or misuse of any product. The Pennsylvania
					 Liquor Control Board will not accept any returns. All requests for the return
					 of any product ordered over the Internet for any reason must be made directly
					 to the Direct Shipper. For any product damaged after receipt at the Wine and
					 Spirits Store, Consumer will be fully reimbursed for the entire cost of the
					 order by the Board. Any order not picked up within 30 days of receipt at the
					 Wine and Spirits Store becomes the property of the Pennsylvania Liquor Control
					 Board.
(e) The direct
				  shipper's website must require the consumer to indicate that the consumer has
				  read the Board's disclaimer and agrees to its terms and conditions before the
				  consumer may complete the consumer's order. The direct shipper shall maintain a
				  copy of the consumer's acceptance of the disclaimer for 2 years.
(f) If the direct shipper wishes to be linked
				  to the Board's website, it shall sign a linking agreement in the form provided
				  by the Board.