Terms and Conditions
1. Scope and Acceptance
Anyone who accesses or uses any part of the Platform is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Platform and use of any and all information or data of any kind arising from access to or use of the Platform, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.
If you are accessing or using any part of the Platform on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
3. Description of the Platform and Accounts
The WineAccess Platform provides detailed information about thousands of wines. The Platform permits End Users to search for wines by different criteria, e.g., grape type, region, winery, price range, expert score, and reviewers. Entries for wines include descriptions, photos, expert tasting notes, and expert and user ratings. The Platform provides links to purchase wines from WineAccess or third-party merchants.
To access many of the features of the Platform, you must create a WineAccess account. You may not transfer your account to another person, share it with anyone, or use it to impersonate anyone. By joining, you represent and warrant that you will provide us with accurate account information (such as your real name and a valid e-mail address) and that you will update your account information if it becomes outdated. As a registered End User, you may change your member ID (your e-mail address) or password at any time. We may terminate your account if we are unable to verify or authenticate the information you provide to us. You may administer your account by clicking on Account Settings.
Seller on the Platform uses its winery permit and direct to consumer shipping permits where applicable for shipments to the following states: AK, AZ, CA, CO, CT, DC, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, ME, MI, MN, MO, MT, NC, ND, NE, NH, NM, NV, OH, OK, OR, PA, SC, TN, VA, VT, WA, WI, WV, WY.
A. For orders going to states in which Seller is licensed or has a direct to consumer shipping permit, title to and ownership of the product passes from Seller to Buyer in the state to which the product is shipped, and sales and other applicable taxes will be applied based on the requirements of the destination state. By placing an order, Buyer authorizes Seller to act on Buyer’s behalf in arranging for transportation of the product at Buyer’s direction. Alternatively, buyer may pick up the product at the Seller’s location, or make independent shipping arrangements. For any product picked up at the Seller’s location, sales tax will be applied based on that location.
B. Except for orders going to the permit states described in section (A), title to and ownership of alcoholic beverages passes from seller to buyer in the State in which the sale occurs, and buyer takes all responsibility for the product being transported from the state of sale to the buyer’s selected destination. Buyer may pick up the product at seller’s location, or make independent delivery arrangements. 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. Buyer warrants he or she is solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to the buyer’s chosen destination.
Prices of our wines do not include shipping/handling charges. 'Shipping Included' language throughout the website only is valid for ground shipping in standard cardboard packaging to addresses located in the continental United States; Alaska and Hawaii are excluded. If you'd like to arrange local pickup please contact email@example.com. Temperature-controlled packaging (if necessary) is available for $10 per order.
The specific features and functionality of the Platform are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Platform, and the right to change terms without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Platform at any time.
We will make commercially reasonable efforts to prominently display and explain all applicable fees and payments. We may contract with one or more third parties to facilitate the processing of fees and payments. You agree that WineAccess may review and modify the fees charged and payments made in any transaction, in its sole discretion, based on any complaint or report of special circumstances concerning a transaction.
WineAccess may make promotional offers with different features and different rates for products and services offered through the Platform. These promotional offers, unless made to you, shall have no bearing whatsoever on your access to and use of the Platform.
5. Inaccuracies and Narratives
We disclaim - and you release us from any liability regarding - errors, inaccuracies, and omissions of the Platform, specifically regarding (though not in any way limited to) information provided to us by End Users. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. You acknowledge and agree that the Platform may include narratives or stories regarding wines that incorporate hyperbole or fiction and that such narratives or stories are not intended to mislead or deceive, but rather to entertain and enhance the experience of using the Platform. WineAccess makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Platform.
6. Permitted Use
Certain WineAccess content provided through the Platform is protected by intellectual property laws, including but not limited to copyright, trademark, and trade dress laws. For example, the content on the Website is protected by copyright as a collective work or compilation (meaning the collection, arrangement and assembly) under U.S. and international copyright and other laws and is the property of WineAccess, its licensors, or the party credited as the provider of the content. All WineAccess graphics, logos and service names are trademarks of WineAccess, and may not be used in connection with any product or service except with the written permission of WineAccess, and may not be used in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits WineAccess, or its products or services. You acknowledge and agree that the content accessible through the Platform that is not expressly designated as being provided by a third party is the property of WineAccess and its content providers, and WineAccess and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Platform and related materials solely for your own use. Except as expressly provided in the Agreement, all rights are reserved.
In connection with your use of the Platform, you may not:
i. alter or modify the Platform, or make any electronic reproduction, adaptation, distribution, performance, or display of the Platform, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Platform and submitting content to the Platform where such content is invited and intended (e.g., submitting user ratings); or
WineAccess may suspend or terminate your account and your access to and use of the Platform at any time in its sole discretion and for any reason, including any breach of the Agreement.
All requests for republication of Platform content should be directed to firstname.lastname@example.org.
7. Third Party Properties
The Platform may refer you to physical venues, geographical sites, websites on the Internet, and/or products or services that are owned, under the control of, or maintained by a third party (including, for example, another End User) (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by WineAccess of any such Third Party Properties. You acknowledge that WineAccess is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that WineAccess is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. WineAccess does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to through the Platform, you do so at your own risk.
8. Availability of the Platform
It is not possible to operate the Platform with 100% guaranteed uptime. WineAccess will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine site and software maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Platform. In addition, WineAccess reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Platform, with or without notice.
You agree that WineAccess shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Platform.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM ARE AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY WINEACCESS, WINEACCESS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM; (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM, OR ANY PORTION THEREOF; AND (C) THE ACTS OR OMISSIONS OF END USERS OF THE PLATFORM, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WINEACCESS MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WINEACCESS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Release and Limitation of Liability
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE END USERS, YOU RELEASE WINEACCESS (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL WINEACCESS OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) THE PLATFORM; (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM, OR ANY PORTION THEREOF; OR (C) ANY ACTS OR OMISSIONS OF END USERS OF THE PLATFORM, EVEN IF WINEACCESS OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING LIMITATIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WINEACCESS AND ITS AFFILIATES AND SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE TO WINEACCESS BY YOU UNDER THIS AGREEMENT, AND (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF WINEACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WINEACCESS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT BY YOU AND ANY ACT OR OMISSION BY YOU RELATING TO YOUR USE OF THE PLATFORM.
You agree that WineAccess may, in its sole discretion and without prior notice, terminate your access to or use of any of the Platform or any part of the Platform at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to WineAccess for which monetary damages would be inadequate. You consent to WineAccess’s obtaining any injunctive or equitable relief that WineAccess deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies WineAccess may have at law or in equity.
13. Intellectual Property Infringement by End Users
We expect End Users to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others. If you believe a work protected by a U.S. copyright you own has been posted on the Platform without authorization, you may notify our copyright agent, and provide the following information:
To notify WineAccess of a claimed copyright infringement, please contact:
236 8th Street, Suite C
San Francisco, CA 94103
14. Use By Minors
The Platform is intended for use only by adults (age 21 and older) in the states or territories where they reside. By using this Platform, you are representing that you are at least 21 years old, that the recipient of any alcoholic beverage orders placed by you on this Platform will be at least 21 years old, and that any alcohol purchased using the Platform is intended for personal consumption and not for resale. Usage of the Platform by minors (i.e. anyone under age 21) is not intended and a violation of the Agreement. If we believe that you are a minor, we may, at any time, in our sole discretion, and with or without notice: (i) terminate your access to or use of the Platform (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted through the Platform.
At any time and in WineAccess’s sole discretion, we may add, delete, or modify the Agreement. We will use commercially reasonable efforts to publish to you any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Platform. All changes to the Agreement shall be effective immediately.
15.2.Access and Use Where Prohibited
Access to and use of the Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this Section.
15.3.Operation of the Platform from the United States of America
By accessing and using the Platform, you acknowledge and agree that WineAccess controls and operates all parts of the Platform from its offices in the United States of America and that the Platform is intended for use by End Users located in the United States of America. Unless expressly stated to the contrary, WineAccess makes no representation that the Platform is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Platform are solely directed to individuals, companies, or other entities located in the United States of America. WineAccess reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Platform is void where prohibited. If you access or use the Platform from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Platform in violation of applicable export laws and regulations.
15.4.Applicable Law and Venue
Any action related to the Agreement will be governed by the law of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction.
WineAccess intends to resolve any and all disputes that may arise among it and its End Users in a cost-effective and non-disruptive manner.
You agree to the following dispute resolution procedure for disputes arising between you and WineAccess. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to WineAccess in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. WineAccess shall respond within ten (10) business days with identical information from its perspective. You and a representative of WineAccess shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and WineAccess mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and WineAccess fail to resolve the matter, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association, provided that WineAccess will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to any alleged violation of intellectual property rights. You agree that you will not bring or be a party to any class-action lawsuit against WineAccess.
15.6.End User Submissions and End User’s Grant of Limited Licensed
By communicating with WineAccess, including submitting or sending content to us (such as review of and comments on products featured on the Platform), you grant WineAccess the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into an WineAccess feature. You also grant WineAccess and its affiliates permission to copy your content, including your reviews and comments, as part of the normal backup process. You also grant WineAccess and its affiliates and sub-licensees the right to use the name that you submit with any content, including any review or comment. You will remain responsible for the accuracy, copyright compliance, legality, decency, or all other aspects of such submitted content or part thereof, or other communication to WineAccess. You also warrant that any “moral rights” in such content are waived.
In the event WineAccess’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemic, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of WineAccess, WineAccess shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of the Platform, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If WineAccess does take any legal action against you as a result of your violation of the Agreement, WineAccess will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to WineAccess. You agree that WineAccess will not be liable to you or to any third party for termination of your access to or use of any part of the Platform as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by WineAccess. Any purported assignment lacking such consent will be void at its inception. WineAccess may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice through the Platform.
WineAccess, Inc. Refer-a-Friend Program Terms & Conditions
- Qualified Referral.
A Qualified Referral is defined as a purchase made at www.wineaccess.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals. A qualified Referral must be a newly registered user. As person who has previously signed-up for an account on wineaccess.com or previously made a purchase does not count as a qualified referral.
- Referred Customer.
The Referred Customer must be at least 21 years of age. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). Nor can they be from the same household.
- Referral Rewards.
For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than minimum amount specified for the active referral campaign, in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
- Reward Payments.
As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility is limited to individuals only. WINEACCESS’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in WINEACCESS’s sole discretion. (Corporations are not people, my friend!)
- No Spam.
You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from WINEACCESS’s Refer-a-Friend program.
- Right to Close Accounts.
WINEACCESS reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the WINEACCESS Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms.
WINEACCESS has final say in all disputes regarding the interpretation of the terms of this program. WINEACCESS reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion, without notice. Any unclaimed referral rewards will be forfeited at that time.
Gift Subscription Program Terms & Conditions
Only individuals who are United States residents and 21 years of age or older may purchase or receive a Gift Subscription. By purchasing a Gift Subscription, the individual purchasing the Gift Subscription (the “Gifter”) represents and warrants that (i) the Gifter is 21 years of age or older, (ii) the recipient of the Gift Subscription (the “Giftee”) is 21 years of age or older, and (iii) the Giftee does not reside in Alabama, Alaska, Arkansas, Hawaii, Michigan, Mississippi, or Utah (“Excluded Locations”). WineAccess reserves the right to update the Excluded Locations in its sole discretion and at any time. Addresses within the Excluded Locations are prohibited from receiving a Gift Subscription wine shipment.
- Purchasing a Gift Subscription.
The Gifter must pay for the full Gift Subscription at the time of purchase using a valid form of payment. Gift Subscriptions cannot be purchased with a gift card, store credit, wire transfer or check. The Gifter must provide the name, shipping address, and email address of the Giftee. Any errors in the Giftee’s information may prevent WineAccess from delivering the Gift Subscription. The wine club options, including specific wines, available as a Gift Subscription may change from time to time in WineAccess’ sole discretion. WineAccess does not represent or warrant that particular wines will be available at the time of shipping. Shipping within the continental United States and taxes are included in the advertised cost of the Gift Subscription. Discount codes cannot be applied to the purchase of a Gift Subscription.
- Receiving a Gift Subscription.
Once the Gift Subscription has been purchased, WineAccess will contact the Giftee at the email address provided by the Gifter to inform the Giftee of the Gift Subscription. The Giftee must affirmatively accept the Gift Subscription, create a free account with WineAccess, be eligible for the Gift Subscription, and agree to these Gift Subscription terms and conditions within six (6) months of the purchase date of the Gift Subscription in order to activate the Gift Subscription. The frequency, type and quantity of bottles of wine that the Giftee receives will be determined in accordance with the type of wine club purchased by the Gifter. The Giftee will not be able to modify the Gift Subscription, other than as provided for in these terms and conditions. The Giftee cannot receive the value of the Gift Subscription in the form of cash, check, gift card, or other form of payment, other than as provided for in these terms and conditions. Gift Subscriptions are not reloadable or refundable, except as expressly provided in these terms and conditions or as required by law.
If a wine club is advertised as including a discount on other WineAccess purchases during the wine club subscription period, the Giftee will receive such discount during the Gift Subscription period. Such discount will expire when the last order in the applicable Gift Subscription is shipped. If the Giftee is already a subscriber to the same wine club with WineAccess that is gifted, the Gift Subscription may be applied to the existing wine club (in which case the Giftee will not be charged for wine club shipments during the term of the Gift Subscription). Sign in to existing WineAccess account to apply Gift Subscription.
At any point in the Gift Subscription, the Giftee can suspend the Gift Subscription for up to six (6) months (one time only) or gift the remainder of the Gift Subscription to another eligible individual (who would be subject to these same terms and conditions). WineAccess does not collect any payment information from the Giftee in order to activate or ship the Gift Subscription.
Shortly before each wine club shipment, WineAccess will contact the Giftee via email to confirm the Giftee’s shipping address is correct and give a time estimate as to when the shipment will be delivered. The Giftee should confirm the information is correct and that an individual who is 21 years or older will be available to accept the shipment and sign for delivery. A valid government-issued ID may be required upon delivery. WineAccess is not responsible for inability to deliver shipments where the correct address is not provided or the wine is not deliverable. Gift Subscriptions cannot be shipped to a PO Box.
- Refunds, Price Differences and Incomplete Subscriptions.
If the Giftee does not affirmatively accept the Gift Subscription, fails to create an account, and/or fails to agree to these terms and conditions within six (6) months of purchase of the Gift Subscription, WineAccess may cancel the Gift Subscription and issue a full refund to the Gifter using the payment method used to pay for the Gift Subscription or, if the payment method on file becomes invalid due to an expired credit card or any other reason, in the form of a WineAccess gift card.
The cost of each Gift Subscription includes estimated taxes, but the actual taxes are determined state by state at the time of shipment. Where the estimated taxes exceed the actual taxes, WineAccess will provide the difference to the Giftee in the form of a WineAccess gift card at the end of the Gift Subscription. In certain cases the pricing of wines in a Gift Subscription may vary from what was paid by the Gifter. If the retail value of the full Gift Subscription deviates materially from the price paid by the Gifter, then we may, in our sole discretion, provide the difference to the Giftee in the form of a WineAccess gift card at the end of the Gift Subscription.
If the Giftee moves to a state where a Gift Subscription cannot be shipped or if WineAccess can no longer ship to the Giftee at their location due to a change in law or regulations, the Giftee may choose to (i) suspend the Gift Subscription for up to six (6) months one time, (ii) gift the remaining Gift Subscription to another eligible individual, or (iii) receive a WineAccess gift card for the remaining value of the Gift Subscription. Please contact WineAccess customer service at email@example.com if this this situation applies to you.
If at any time a shipment is returned as undeliverable and the Giftee does not respond to WineAccess’ request for an updated address or if the Giftee provides an updated address that is also undeliverable, WineAccess may email a WineAccess gift card to the Giftee for the remaining value of the Gift Subscription.
If the Giftee voluntarily forfeits all or the remainder of a Gift Subscription, WineAccess may, but will have no obligation to, provide the remaining value to the Gifter by crediting the payment method used to pay for the Gift Subscription or, if the payment method on file becomes invalid due to an expired credit card or any other reason, provide the balance to the Gifter in the form of a WineAccess gift card. In that case, the Giftee will forfeit all remaining value in the Gift Subscription and will not receive any compensation for the difference.
WineAccess gift cards are subject to the Gift Card terms and conditions available here
- Right to Cancel Program or Change Terms.
WineAccess has final say in all disputes regarding the interpretation of the terms of the Gift Subscription program. WineAccess reserves the right to cancel the Gift Subscription program or to change these terms and conditions at any time in its sole discretion, without notice.
- Transfer of Rights.
WineAccess’ rights and obligations under the Gift Subscription program may be assigned or transferred by WineAccess to any other related or unrelated entity at any time, and further performance under the Gift Subscription program shall be the responsibility of that entity.
- Limitations of Liability.
WineAccess is not responsible for lost, interrupted, inaccessible or unavailable networks, servers, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer or telephone transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. WineAccess’ liability to the Gifter or the Giftee shall not exceed the total value of the Gift Subscription purchased by the Gifter.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANTS IN THE GIFT SUBSCRIPTION PROGRAM HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- Force Majeure.
If, for any reason, the Gift Subscription program or an individual Gift Subscription is not capable of being delivered as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of WineAccess which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Gift Subscription program, WineAccess reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Gift Subscription program or an individual Gift Subscription or otherwise respond to the circumstances as WineAccess deems appropriate. In the event WineAccess is prevented from continuing with the Gift Subscription program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within WineAccess’s control (each a “Force Majeure” event or occurrence), WineAccess have the right to modify, suspend, or terminate the Gift Subscription program, in whole or in part.
Any attempt by any person to undermine the legitimate operation of the Gift Subscription program may be a violation of criminal and civil law, and, should such an attempt be made, WineAccess reserves the right to seek damages from any such person to the fullest extent permitted by law. If any part of these Gift Subscription terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Gift Subscription terms and conditions and shall not affect the validity and enforceability of any remaining provisions of the Gift Subscription terms and conditions. Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Gift Subscription terms and conditions will not limit or restrict the future exercise or enforceability of those rights. VOID WHERE PROHIBITED.