Last updated April 1st 2017
Additional policies, terms, and conditions applicable to certain Vino Direct Services, specific areas of certain Vino Direct Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Vino Direct 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 policies, terms, and conditions applicable to those specific areas of the Vino Direct Sites or Applications will be controlling with respect to those particular areas. Vino Direct reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Vino Direct Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Vino Direct Sites, Applications or any other website in regards to Vino Direct, or while contacting any of our Member Services team, will not be tolerated. The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.
LEGAL REQUIREMENTS / WINE-SPECIFIC CONDITIONS
You must be 21 years of age or older, to order or receive alcoholic beverages from Vino Direct LLC. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Wines purchased from Vino Direct LLC are not for resale, and are for personal consumption only.
CREDIT CARD CHARGES
Orders are by credit card only. We accept Visa, MasterCard, American Express, Discover, JCB, and Diners Club cards.
No minimum purchase is required. Club memberships carry their own allotment and specifications: refer to the Club member’s Terms &Conditions and FAQ, call (310) 295-7509 / Toll Free (844) 310-0258 or contact us at email@example.com.
STATES AUTHORIZED FOR DIRECT SHIPMENT
If Vino Direct LLC is unable to ship directly to your state, we can arrange for the sale and shipment of our products through a third party. Please note, when dealing through a third party, wine prices, discounts, and shipping costs may differ from those quoted by Vino-Direct.com.
Federal Express Ground is Vino Direct LLC's carrier of choice. In certain states, we will utilize GSO as our carrier of choice. Ground shipping is provided by Federal Express Ground at current market rates. *Note – If the customer selects Fed Ex Air as his or her carrier, the customer pays all shipping charges, regardless of his or her wine club membership or purchase amount.
WINE IS A DELICATE COMMODITY
Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Vino Direct LLC is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.
USE OF OUR WEBSITE
MEMBERSHIP AND PROGRAMS
YOUR COMMUNICATION ON OUR SITE
SITE TRANSACTIONS AND RIGHT TO CHANGE SITE
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
PRODUCT INFORMATION AND COLORS
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
From time to time, we may provide certain content that includes software tools (the “Software”). Such Software remains our property, but as long as you have permission to use our Site, you may download and view one copy of such software on any single computer solely to use our Site.
We provide our Site, including without limitation its content and Software therein, on an "as is" basis and make no representations or warranties of any kind with respect thereto. We disclaim all such representations and warranties, including, for example, warranties of merchantability and fitness for a particular purpose. In addition, although we make an effort to keep our Site current and accurate, we do not represent or warrant that the information accessible via our Site is accurate, complete, or free of typographical errors or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site, including pricing and availability information, is inaccurate at any time without prior notice.
LIMITATION OF LIABILITY AND NO ENDORSEMENT
Except as specifically stated on our Sites or as specifically limited by some jurisdictions, neither we nor any of our employees, affiliates or representatives will be liable for damages arising out of or in connection with the use of our Site and/or any web sites to which our Site may link. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We cannot prevent the "harvesting" of information from this Site, and you may be contacted by us or unrelated third parties, by email or otherwise, within or outside of this Site. Inclusion of a web site link or a third party product on our Site is not an endorsement of such product or web site by us.
Alcohol Related - There are certain alcohol-related portions of our Sites that are restricted to visitors who are at least 21 years of age. Wines offered for sale in our on-line store are not available except to adults of legal drinking age and only to states where shipping is permitted. Personal, Non-Commercial Use - You may view our Site and you are welcome to print hard copies of written material on it for your personal, non-commercial use. All other copying without prior written permission, whether in electronic, hard copy or other format is prohibited and all other rights reserved. The use of any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and the deletion or alteration of any copyright, trademark and other proprietary notices appearing on such materials are also prohibited.
Our sites include protectable service marks, trademarks and trade dress owned and/or licensed by Vino Direct LLC or its affiliates. Any use of our service marks, trademarks or trade dress including, reproduction for purposes other than those noted above, modification, distribution, republication, transmission, translation, publication, public performance or display, commercial exploitation, or creation of any derivative works from this Site in any way without the prior written permission of Vino Direct LLC, is strictly prohibited. All trademarks not owned or exclusively licensed by Vino Direct LLC and its affiliates that appear on the site are the property of their respective owners.
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Affiliated Entities do not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.staysafe.org/.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send the Site a notice requesting that Site remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Vino-Direct.com, 3605 Long Beach Boulevard Beach, California 90807, or by calling us at (310) 295-7509 and email firstname.lastname@example.org. Details are available at http://www.copyright.gov/onlinesp/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
INFORMATION OR COMPLAINTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to Vino-Direct.com, 3605 Long Beach Boulevard Beach, California 90807, or by calling us at (310) 295-7509. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
VOID WHERE PROHIBITED
Although this Site is accessible worldwide, references to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.