Terms of Service
Welcome to the Internet sites of Vintage Wine Cellars, LLC ("VintageWineCellars.net"). Vintagewinecellars.net includes vintagewinecellarstastingroom.com, vwc.me, and other Internet sites affiliated with Vintage Wine Cellars, LLC, (each a "VintageWineCellars.net Site"). Each VintageWineCellars.net Site is operated by Vintage Wine Cellars, LLC, and its affiliates (collectively referred to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE VINTAGEWINECELLARS.NET SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS VINTAGEWINECELLARS.NET SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE VINTAGEWINECELLARS.NET SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY VINTAGEWINECELLARS.NET FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE VINTAGEWINECELLARS.NET SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
You agree not to do any of the following while using the VintageWineCellars.net Site:
- Intentionally or unintentionally violate any applicable law or regulation.
- Access, tamper with, or use nonpublic areas of the VintageWineCellars.net Site or VintageWineCellars.net's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
- You will not access the VintageWineCellars.net Site with any manual or automated process for any purpose other than to purchase VintageWineCellars.net products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the VintageWineCellars.net Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
- Frame or link to the VintageWineCellars.net Site except as permitted in writing by VintageWineCellars.net.
THE SALE OF ALCOHOLIC BEVERAGES
VintageWineCellars.net does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. VintageWineCellars.net makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from VintageWineCellars.net is over the age of 21. You also agree that any alcohol purchased from VintageWineCellars.net is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 VintageWineCellars.net will prosecute you fully to the extent allowable by law.
TITLE AND OWNERSHIP
Title to, and ownership of, all wine passes from VintageWineCellars.net to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, VintageWineCellars.net is providing a service to, and acting on behalf of the purchaser. By utilizing this service from VintageWineCellars.net, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this VintageWineCellars.net Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of VintageWineCellars.net. VintageWineCellars.net neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this VintageWineCellars.net Site by anyone other than authorized VintageWineCellars.net employees acting in their official capacities.
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, VintageWineCellars.net hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. VintageWineCellars.net does not sponsor or endorse any of these companies or their services.
The VintageWineCellars.net Site may contain links to other web sites or resources. You acknowledge and agree that VintageWineCellars.net is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the VintageWineCellars.net Site does not imply that VintageWineCellars.net endorses the linked site.
The risk of loss and title for Gift Certificate pass to the purchaser upon our electronic transmission of the Gift Certificate to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Certificate is lost, stolen or destroyed or your VintageWineCellars.net Balance or any Gift Certificate is used without your permission.
VINTAGEWINECELLARS LLC AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. 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.
VintageWineCellars.net gift certificates are issued and sold by VintageWineCellars LLC, Inc., an Florida corporation. By visiting VintageWineCellars.net, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions.
Any dispute or claim relating in any way to Gift Certificates or your VintageWineCellars.net Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to VintageWineCellars LLC.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any dispute relating in any way to VintageWineCellars.net gift certificates shall be submitted to confidential arbitration in Tampa, FL, except that, to the extent you have in any manner violated or threatened to violate VintageWineCellars.net's intellectual property rights, VintageWineCellars.net may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts.
Vintage Wine Cellars reserves the right to change and update these terms and conditions from time to time in its discretion, and your continued use of this website represents acceptance of the revised terms and conditions.
All terms and conditions are applicable to the extent permitted by law.
PROTECTION OF CONTENT PROVIDED BY VINTAGEWINECELLARS.NET AND ITS LICENSORS
All text, prices, graphics, logos, icons, images, audio clips and software on the VintageWineCellars.net Site ("Site Content") are copyrighted materials owned by or licensed to VintageWineCellars.net. The Site Content may contain trademarks, service marks and trade names which are owned by VintageWineCellars.net and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by VintageWineCellars.net, its affiliates, or third parties. "VintageWineCellars.net" is a trademark of VintageWineCellars.net. Unless authorized in writing by an officer of VintageWineCellars.net, VintageWineCellars.net's trademarks may not be used in connection with any product or service that is not VintageWineCellars.net's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VintageWineCellars.net. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of VintageWineCellars.net or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the VintageWineCellars.net Site. Nothing contained in the VintageWineCellars.net Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of VintageWineCellars.net, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to VintageWineCellars.net, its affiliates, and/or any third party, as applicable.
COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
VintageWineCellars.net respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, claims of infringement should be in writing and should be directed to VintageWineCellars.net's designated agent as specified below. Please include the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
VINTAGEWINECELLARS.NET will give you any necessary notices by posting them on the VintageWineCellars.net Site. You authorize VINTAGEWINECELLARS.NET to send notices via electronic mail or SMS text message as well if VINTAGEWINECELLARS.NET decides, in its sole discretion, to do so. You agree to check the VintageWineCellars.net Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the VintageWineCellars.net Site.
DISCLAIMER OF WARRANTIES
ALTHOUGH VINTAGEWINECELLARS.NET ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE VINTAGEWINECELLARS.NET SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE VINTAGEWINECELLARS.NET SITE. VINTAGEWINECELLARS.NET DOES NOT WARRANT THAT YOUR USE OF THE VINTAGEWINECELLARS.NET SITE, OR THE OPERATION OR FUNCTION OF THE VINTAGEWINECELLARS.NET SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE VINTAGEWINECELLARS.NET SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. VINTAGEWINECELLARS.NET AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE VINTAGEWINECELLARS.NET SITE. THE VINTAGEWINECELLARS.NET SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VINTAGEWINECELLARS.NET AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE VINTAGEWINECELLARS.NET SITE, THE USE OR PERFORMANCE OF THE VINTAGEWINECELLARS.NET SITE, THE DELAY OR INABILITY TO USE THE VINTAGEWINECELLARS.NET SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VINTAGEWINECELLARS.NET SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VINTAGEWINECELLARS.NET SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VINTAGEWINECELLARS.NET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VINTAGEWINECELLARS.NET SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VINTAGEWINECELLARS.NET SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS VINTAGEWINECELLARS.NET'S LIABILITY OR YOUR REMEDIES.
TERMINATION OF YOUR VINTAGEWINECELLARS.NET ACCOUNT
VintageWineCellars.net may terminate your VintageWineCellars.net Account with or without cause at any time effective immediately. If we terminate your Account without cause, we will refund on a prorated basis any portion of your Membership fee that you prepaid in advance for the remaining portion of your then-current Membership term.
ACCOUNT MAINTENANCE FEE
For any account that has been inactive for twelve consecutive months, VintageWineCellars.net reserves the right to assess a maintenance fee of $1.00 per month. On the eleventh month of inactivity VintageWineCellars.net will notify account owners of their inactivity and the scheduled maintenance fee via email. An inactive account is any account in which the user has not logged in twelve consecutive months.
NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
VintageWineCellars.net shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. VintageWineCellars.net shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, VintageWineCellars.net shall immediately issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO PRICES OR BILLING TERMS
VINTAGEWINECELLARS.NET RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
VintageWineCellars.net shall be excused from performance under this Terms of Service if VintageWineCellars.net is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of VintageWineCellars.net.
The following provisions shall survive any termination of these Terms of Service: No Warranty from VintageWineCellars.net, Limitation of Liability, Indemnity and General Provisions.
Any dispute or claim relating in any way to your use of any VintageWineCellars.net Service, or to any products or services sold or distributed by VintageWineCellars.net will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to VintageWineCellars LLC.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any VintageWineCellars.net Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and VintageWineCellars.net.
If you have any questions about these Terms of Service, please contact us.
The Terms of Service were updated October 01,2019.