Terms and Conditions

Terms & Conditions

Last updated October 25th, 2020.

General

The following terms and conditions (“Terms”) constitute a binding agreement between you and V is for Vino, its affiliates, and its and their parent and subsidiary companies (collectively, “V IS FOR VINO LLC,” “we,” or “us”) with respect to your use of this website and any other V IS FOR VINO LLC owned websites, micro-sites, and social media pages and accounts (collectively, “V IS FOR VINO LLC Sites”), all V IS FOR VINO LLC-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the V IS FOR VINO LLC Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the V IS FOR VINO LLC Sites, Applications or Services for any purpose. Additional policies, terms and conditions applicable to certain V IS FOR VINO LLC Services, specific areas of certain V IS FOR VINO LLC Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain V IS FOR VINO LLC Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms and conditions, such additional polices, terms and conditions applicable to those specific areas of the V IS FOR VINO LLC Sites or Applications will be controlling with respect to those particular areas. V IS FOR VINO LLC reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on V IS FOR VINO LLC Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on V IS FOR VINO LLC Sites, Applications or any other website in regards to V IS FOR VINO LLC, or while contacting any of our Member Services team, will not be tolerated.

Legal Disclaimer

Title to, and ownership of, all wine passes from seller to buyer in the State of California, and buyer takes all responsibility for storage and ultimate delivery of the wine from California to his or her chosen destination. By placing an order, buyer has the option to have the wine stored and delivered by a service provider recommended by seller, or the buyer may make independent arrangements.

If you (buyer) choose to utilize the services recommended by seller, please check box below.

______ Yes, I desire to have the wine stored and utilize a seller-recommended service to deliver my order.

Alternatively, if you desire to make independent arrangements, please check the box below.

______ No, I decline the offer to have my wine stored and delivered by the seller’s recommended service provider and will use my own services for storage and delivery of my order. I acknowledge that seller may charge me for storage until my order is picked up and delivered to my selected storage and fulfillment provider.

Sales tax will be applied based on the seller’s location. Seller makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. The buyer is solely responsible for the storage and delivery of wine and/or other goods purchased and for determining the legality and the tax/duty consequences of having the wine and other goods delivered to the applicable destination.

Delivery and Storage Charges

Prices of our wines do not include delivery and storage charges, the cost of which varies depending on destination, number of bottles ordered, amount of time the wine remains at the location, and choice of delivery options. The appropriate delivery and storage charges will appear in the shopping cart during checkout. If you have selected an expedited delivery option, the extra charge will be applied to the initial delivery only.

It is the recipient’s or gift giver’s responsibility to provide a current, physical delivery address; please note that deliveries cannot be made to P.O. Boxes, military APOs/FPOs/DPOs/MPOs or international addresses.

In the event an order cannot be delivered due to an incorrect address or after three delivery attempts by the carrier, we reserve the right to charge the applicable carrier fee for rerouting to an alternative address or redelivering to the same address.

If a delivery is returned to our facility, we will not redeliver until the recipient or gift giver has provided a deliverable address. An additional storage fee will be incurred.

If a delivery is successfully delivered to the address that has been provided but is not valid for the recipient, we reserve the right to charge the full amount for a replacement delivery if a redelivery is requested. An additional storage fee will be incurred.

You must be 21 to Purchase Alcohol

Alcoholic beverages may only be sold and delivered to persons who are at least 21 years old and the person to whom delivery will be made is at least 21 years old.

An adult signature is required at time of delivery.

By submitting your order electronically, you are signing that you have read and understand the above conditions.

Refunds on Wine Purchases

Due to the nature of our products, refunds occur within 14 days after bottles are returned to our facility unopened. We do not pay for delivery of returned products, or refund payments if we are unable to restock the wine back into our inventory for any reason.

WARNING

Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go
to: www.P65Warnings.ca.gov/alcohol.

According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.

This is the Web site of V is for Vino LLC located at: www.visforvino.com. We can be reached via email at [email protected] or by phone at 440-221-2335, Monday through Friday, 8 am to 5pm PST. USA  

Privacy

Your use of the V IS FOR VINO LLC Sites, Applications and Services is subject to our Privacy Notice located at www.visforvino.com/about/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by V IS FOR VINO LLC. 

Disclaimer of Warranties

THE V IS FOR VINO LLC SITES AND APPLICATIONS AND THE CONTENT PROVIDED ON OR THROUGH THE V IS FOR VINO LLC SITES AND APPLICATIONS IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND V IS FOR VINO LLC HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER V IS FOR VINO LLC NOR ANY PERSON ASSOCIATED WITH V IS FOR VINO LLC MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE V IS FOR VINO LLC SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER V IS FOR VINO LLC NOR ANYONE ASSOCIATED WITH V IS FOR VINO LLC REPRESENTS OR WARRANTS THAT THE SITES APPLICATIONS OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE V IS FOR VINO LLC SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL V IS FOR VINO LLC, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES AND APPLICATIONS OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE V IS FOR VINO LLC SITES AND APPLICATIONS OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND V IS FOR VINO LLC’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

Indemnification

You agree to defend, indemnify and hold harmless V IS FOR VINO LLC and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions, or your use of V IS FOR VINO LLC Sites, Applications or Services.

Trademarks

The trademarks and service marks displayed on the V IS FOR VINO LLC Sites and Applications are the registered and unregistered trademarks, service marks and trade dress of V IS FOR VINO LLC and its licensors. For a list of V IS FOR VINO LLC trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any V IS FOR VINO LLC Sites and Applications are trademarks, service marks or trade dress of V IS FOR VINO LLC in the U.S. and other countries. V IS FOR VINO LLC’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not V IS FOR VINO LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits V IS FOR VINO LLC. All other trademarks not owned by V IS FOR VINO LLC that appear in any V IS FOR VINO LLC service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by V IS FOR VINO LLC.

Copyright

All content included on or made available through any V IS FOR VINO LLC Sites and Applications, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of V IS FOR VINO LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any V IS FOR VINO LLC Sites and Applications is the exclusive property of V IS FOR VINO LLC and protected by U.S. and international copyright laws.

Submitted Materials and Ideas

While we appreciate your interest in V IS FOR VINO LLC and our business, V IS FOR VINO LLC does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of V IS FOR VINO LLC might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on V IS FOR VINO LLC Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

Links to Third-Party Websites

V IS FOR VINO LLC Sites or Applications may contain links to third-party websites. These links are provided for your convenience only. V IS FOR VINO LLC has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the V IS FOR VINO LLC Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND V IS FOR VINO LLC MAY HAVE AGAINST EACH OTHER ARE DETERMINED. 

Agreement to Arbitrate

You and V IS FOR VINO LLC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the V IS FOR VINO LLC Terms and Conditions, your use of V IS FOR VINO LLC Sites, Applications or Services, or to any products sold or distributed by V IS FOR VINO LLC or through V IS FOR VINO LLC Sites, Applications or Services will be resolved by binding arbitration, rather than in court,except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies 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.

The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or V IS FOR VINO LLC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and V IS FOR VINO LLC subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other V IS FOR VINO LLC members, but is bound by rulings in prior arbitrations involving the same V IS FOR VINO LLC member to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions

You and V IS FOR VINO LLC agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and V IS FOR VINO LLC agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other V IS FOR VINO LLC members.

If for any reason a claim proceeds in court rather than in arbitration both you and V IS FOR VINO LLC each waive any right to a jury trial.You and V IS FOR VINO LLC also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law and Jurisdiction

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any V IS FOR VINO LLC Sites, Applications or Services, or any products sold or distributed by V IS FOR VINO LLC or through V IS FOR VINO LLC Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any V IS FOR VINO LLC Sites, Applications or Services, or any products sold or distributed by V IS FOR VINO LLC or through V IS FOR VINO LLC Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of these Terms by V IS FOR VINO LLC shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of V IS FOR VINO LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

United States Only

Unless otherwise specified, the V IS FOR VINO LLC Services are presented solely for the purpose of promoting products and services available in the United States. V IS FOR VINO LLC makes no representation that the V IS FOR VINO LLC Services are appropriate or available for use in other locations. If you access V IS FOR VINO LLC Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Entire Agreement

These Terms and our Privacy Notice constitute the sole and entire agreement between you and V IS FOR VINO LLC with respect to the V IS FOR VINO LLC Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

Modifications

V IS FOR VINO LLC reserves the right to make changes to these Terms and Conditions, including the terms and Conditions that apply to Gift Cards and/or the V is for Vino Referral Program, at any time. If V IS FOR VINO LLC makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at www.visforvino.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes. Should you wish to terminate your membership due to a modification to the Terms and Conditions, please contact V IS FOR VINO LLC Member Services at [email protected] If you choose to continue using the V IS FOR VINO LLC Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.

The date these Terms and Conditions were last updated is set forth at the top of this page.