ATTENTION: This Agreement and Conditions of Access and Use ("Agreement") represent a binding agreement between Vino.com ("Vino.com," "we," "our"or "Company") the owner and administrator of this Website and You ("you," "your" or "Customer"), the individual or entity accessing, using or purchasing Product from this Website and each of the web pages, use of the website and all content contained herein (collectively known as "Website"). Company may, in its sole discretion and without prior notice, written or otherwise, revise this Agreement and Conditions of Access and Use.
IT IS STRONGLY ADVISED BEFORE ACCESSING, USING OR BUYING ANY PRODUCT ON OR THROUGH THIS WEBSITE TO READ AND UNDERSTAND THIS DOCUMENT IN ITS ENTIRETIY.
This Agreement and Conditions of Access and Use (collectively known as "Agreement") apply to ALL transactions and uses made through or on this Website.
This Agreement is to be governed by the Electronic Signatures in Global and National Commerce Act ("http://www.ftc.gov/os/2001/06/esign7.htm"). By accessing this Website, clicking any button or link containing the words "I agree" or similar, whether you have read this Agreement or not, by simply accessing this Website you agree to all terms and conditions herein. It is suggested that you print this Agreement for your personal records.
By ordering with us and/or utilizing this Website, you will be deemed to have read, understood and agreed to this Agreement. If you do not agree to be bound by this Agreement, you may not purchase any Products, access or use this Website, directly or indirectly with any website that has association with Company, by directly or indirectly selling Company Products. However, by accessing, ordering Products or using this Website, directly or indirectly, you affirm that you have read this Agreement and understand, agree and consent to all terms and conditions contained herein.
The Vino.com Wine of the Month Club (the "Product") comes with a fourteen (14) day free trial period, measured from the date of purchase, and NOT from the date you receive your order (the "Free Trial Period"). By placing an order with Company, the purchaser agrees to be of twenty-one (21) years of age or older. If you have any questions about the Free Trial Period, contact Company's customer service department at 1-866-356-9990 or via email at support@vino.com.
When you place an order, you will be shipped the Product, based on the package selected at the time of order processing. By placing your order, you agree to pay the shipping and handling fees specified on the Website for your order (these charges may vary depending on the method of shipping you choose and/or number of items ordered). Shipping and Handling Fees will be billed to you for all Products shipped, including any Products shipped to you as part of the Free Trial Period.
You will have fourteen (14) calendar days from the date of purchase to evaluate the Product and decide if you enjoy the Product. Shipping time is estimated to be seven (7) to fourteen (14) calendar days or twelve (12) to eighteen (18) calendar days, depending on the shipping method selected.
If you want to continue receiving the Product on a month-to-month basis, do nothing and at the end of the Free Trial Period you will be billed at the rate at which you subscribed plus Shipping and Handling Fees for the Product you evaluated and thirty (30) days from the date of your order. You will be sent a new thirty (30) day supply of the Product as described in the "RECURRING ORDERS" section below every thirty days billed at the rate at which you subscribed plus Shipping and Handling Fees.
Shipping and Handling Fees selected upon order the Product are the sole responsibility of you, regardless of whether you cancel your order within the Free Trial period or not. Regardless of whether you cancel your Free Trial in a timely fashion or not, your credit card will be billed for this amount and you agree to pay such amount. No charge-backs or refunds will be issued for Shipping and Handling Fees.
If you are not satisfied with the Product for any reason and would like to cancel prior to the expiration of the Free Trial Period, simply contact Company's customer service department at 1-866-356-9990 or via email at support@vino.com within the fourteen (14) Day Free Trial Period and cancel your order. From the date of cancelation you will have Thirty (30) days to return the Product packaging. Due to state and regulatory laws, it is illegal for customers to return alcohol to Company, opened or un-opened. In order to receive a full refund, less Shipping and Handling Fees, the packaging containing the Product must be returned. Note that we cannot process packages marked "Return to Sender". Returned Product packaging requires a Return Merchandise Authorization (RMA) number to ensure accurate processing and refunds. See the "PRODUCT RETURN" section below for simple instructions on how to return the Product packaging and how to avoid getting charged for Product that you want to return.
THE FOLLOWING SECTION IS IMPORTANT AND SHOULD BE READ CAREFULLY AND IN ITS ENTIERITY. THE FOLLOWING DISCUSSES A NEGATIVE BILLING OPTION INVOLVING THE PRODUCT(S) YOU ORDER FROM THE COMPANY. YOU WILL BE LIABILE FOR PRODUCT THAT IS SHIPPED TO YOU AS WELL AS ALL FUTURE SHIPMENTS OF PRODUCT, UNLESS YOU NOTIFY COMPANY'S CUSTOMER SERVICE DEPARTMENT AND CANCEL YOUR SUBSCRIPTION.
Your subscription begins on the Fifthteenth (15th) day after your Free Trial Period has ended. On the Thirtieth (30th) day after the date of your subscription enrollment Company will send subscribed Product(s) and every thirty (30) days thereafter. Your credit card will be automatically charged at the rate at which you subscribed plus Shipping and Handling Fees (based on your method of delivery and number of items ordered). Without prior notice, Company reserves the right to modify pricing and Shipping and Handling Fees. You will however have the right to cancel at any time if you do not agree to these price modifications.
Unless Company's customer service department is notified you will continue to be billed at the rate at which you subscribed plus Shipping and Handling fees. Once Product has been shipped it cannot be returned unless it has been received damaged. Damaged product will be replaced only when Company's customer service department has received proper proof of damaged product received. Refer to the "REJECTION, DAMAGE OR LOSS IN TRANSIT" section of this Agreement for more information on damaged Product.
If for any reason you are unsatisfied with Company and/or Product(s) you may cancel your order by contacting Company's customer service department at 1-866-356-9990 or via email at support@vino.com before your Free Trial Period expires. Upon contacting Company, an RMA (Return Merchandise Authorization) number will be provided. After a cancelation has been processed you will have thirty (30) days to return Product packaging with RAM number attached. If the RMA number is not affixed to the returned Product packaging, the return cannot be processed and a refund will not be issued.
Regardless of a timely cancelation of your order, Shipping and Handling Fees will not be refunded within the Free Trial Period or for full subscribers.
In order to return a Product for exchange or refund due to damage, will require a photo of the received package and damages that were incurred during shipping. Company is not responsible for any damages incurred after the Product has been received and signature accepted. An RMA number will be required for all returns, exchanges and/or refunds.
An RMA can be obtained via Company's customer service department at 1-866-356-9990 or via email at support@vino.com.
It is important to note that Company cannot process a refund and/or exchange without an RMA. Company cannot accept packages marked "Return to Sender".
Returned Products must be sent to the following address. Company's customer service department cannot process orders unless the following address is used.
Vino.com
RMA: YOUR RMA NUMBER
3 West Paces Ferry Rd, Suite 201
Atlanta, GA 30305
If there is an error with billing on your statement, contact Company's customers service department at 1-866-356-9990 or via email at support@vino.com immediately. If the error has not be resolved Thirty (30) days prior to its posting, we will deem the error as correct and accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within Thirty (30) days of its appearance.
You represent that any and all information you provide to Company is up-to-date, accurate and sufficient for Company to process your order in its entirety. You are responsible for maintaining and updating your account information and passwords provided for the use of account management and ordering, secure against unauthorized access. You represent that you are at least 21 years of age or older and that you will not permit any person under the age of 21 to order, or use the Product. You represent that you will be available to sign and receive for the product at time of delivery.
Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, Shipping and Handling Fees of Product as such costs are specified at the time of purchase. Payment must be made prior to delivery and will not be shipped until full clearing Company's merchant services.
The standard ground mailing service as well as the expedited priority service will be shipped either by FedEx or UPS, shipping is only provided by these providers due to federal laws. All orders will be processed the same day, if placed before 1PM EST. Any order placed after 1PM EST will be processed the following business day. All orders are electronically sent to Company's processing centers and can take up to Fourteen (14) days to be processed, packaged and shipped from these facilities. Company is not responsible for delays in shipments once they have reached the processing facilities. Company is also not responsible for delays in shipping once they have left Company's processing facilities and have been shipped.
Company cannot be held liable for rejection of Product during delivery. You shall not be entitled to reject Product at delivery, with the exception for damage to the Product or any part thereof, which occurred during transit. Company must be notified within Five (5) business days from time of receipt of the Product.
In the event that a Product is damage before receipt of the Product, you have Five (5) business days from time of receipt of the Product to report the damage to Company's customer service department. A photograph will be requested by Company's customer service department in order to provide proof of this damage to UPS and/or FedEx as well as Company's processing facilities.
PRODUCTS SOLD BY COMPANY ARE SOLD AND DELIVERED "AS IS" WITHOUT ANY EXPRESSLY STATED OR IMPLIED WARRANTY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, PARTICULAR FITNESS OR NON-INFRINGEMENT. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE HELD LIABLE FOR ANY LOSS, DIRECT OR INDIRECTLY, OCCURING FROM THE PURCHASE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO COST OF COVER, LOST REVENUE, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR LOST PROFITS. COMPANY WILL, TO MAXIMUM LEGAL EXTENTS, WHETHER COMPANY WAS AWARE OR NOT, AND WHETHER OR NOT THE REMEDIES CONTAINED HEREIN FAIL, OUR TOTAL LIABILITY (FOR ANY PURPOSE), WILL NOT EXCEED, FOR ANY REASON, THE COST OF THE PRODUCTS AS ORDERED.
You agree Company, its agents, independent contractors, service providers, employees, shareholders, directors, officers, and any other affiliated contact shall be defended, indemnified, and held harmless by You from and against, including, but not limited to, any and all claims, demands, expenses, costs, losses, actions, or liabilities, including without limitation accounting and legal fees, or all resulting, or alledgedly resulting direct, indirect, and or consequential damages resulting from Your use/misuse of Product, Webiste, or any/all terms and conditions of Agreement. We will without unreasonable fail or delay notify you by appropriate means of any claim or suit and at Your expense, cooperate fully in the defnse of claim or suit. We reserve the right to seek full recompense from You in the defense of claim or suit without prompt response from You.
Any notice or other communication relating directly or indirectly to this Agreement will be done so via email. Company will use the email provided at the time of order in order to contact you. Company is not responsible for incorrect information provided at time of order or during processing and you are responsible for updating any and all information provided to Company. Company will consider communications received and accepted if; (i) the email has been acknowledged by the recipient as received; (ii) Company receives an automated message of successful delivery of message; (iii) the Company does not receive any notification of receipt or transmission errors within forty-eight (48) hours after transmission.
Company reserves the right to terminate your access to this site and/or Product(s) if Company believes that any of this Agreement of this Agreement have been violated or breeched. If Company feels that you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company's business operations, we reserve the right to discontinue your services and/or Product(s) at any time.
This Website and everything contained within is the sole and exclusive property of the Company or its licensors. Nothing contained within this Website may be used, reproduced, republish or transmit without Company's prior written consent. The contents of this Website are protected under the laws of copyright and trademark.