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Terms and Conditions


General

The Wine Concierge strives to offer a first-class experience for our customers and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and The Wine Concierge, its affiliates, and its and their parent and subsidiary companies (collectively, “The Wine Concierge,” “we,” or “us”) with respect to your use of this website and any other The Wine Concierge owned websites, micro-sites, and social media pages and accounts (collectively, “The Wine Concierge Sites”), all The Wine Concierge-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with The Wine Concierge 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 The Wine Concierge Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain The Wine Concierge Services, specific areas of certain The Wine Concierge Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain The Wine Concierge 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 The Wine Concierge Sites or Applications will be controlling with respect to those particular areas.

You agree not to do the following while using the thewineconcierge.co website: a) intentionally or unintentionally violate any applicable law or regulation; or b) access, tamper with, or use nonpublic areas of the The Wine Concierge site or The Wine Concierge's computer systems.

Any alcohol purchased via thewineconcierge.co must be for personal consumption and not for resale.

You must be at least 21 years of age to use The Wine Concierge sites and purchase alcohol through The Wine Concierge Services. All alcohol listings are intended for individuals who are 21 years of age or older. The Wine Concierge reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion. A valid government-issued ID may be required upon delivery.

The Wine Concierge reserves the right to change price and availability information without notice. The Wine Concierge shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or discount, or containing any other incorrect information or typographical errors.

If the weather is too hot or too cold, we may also suggest delaying your shipment until conditions are more favorable.



Privacy

Your use of the The Wine Concierge Sites, Applications and Services is subject to our Privacy Notice located here, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by The Wine Concierge.



Passwords and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to The Wine Concierge for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify The Wine Concierge immediately at hello@thewineconcierge.co.



Code of Conduct

The Wine Concierge reserves the right to cancel and/or terminate a Member’s account for any violation of these Terms or other terms stated on The Wine Concierge Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on The Wine Concierge Sites, Applications or any other website in regards to The Wine Concierge, or while contacting any of our Concierge team, will not be tolerated.



Substitutions

If for some reason your exact order cannot be fulfilled, we reserve the right to substitute up to 3 bottles with similar wines of at least the same value as the wine you ordered. If we need to substitute more than 3 bottles in any one order, we will put your order on hold and contact you for further instructions.



Order Cancelations

The Wine Concierge reserves the right to cancel and/or terminate any order that cannot be fulfilled for any reason. If your order is cancelled, we will contact you to explain why and refund any money you have paid.



State Prohibitions

Several of the states to which we ship restrict the volume of wine a single person of a single household can receive in a given time period, e.g., month or year. If your order exceeds the allowable volume in your state, we will cancel the order, contact you to explain why and refund any money you have paid us for that order.



Payment

The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize The Wine Concierge to charge such amount to your payment card at that time.



Payment Authorization

When you give The Wine Concierge your credit or debit card details, you are confirming that you are the card holder or have permission from the card holder to use the card on The Wine Concierge website. For your own safety, The Wine Concierge reserves the right to contact your card issuer for the purposes of carrying out security checks.

When you add two or more credit cards to your The Wine Concierge account, and we are unable to charge your default credit card for an order you’ve placed, we will next attempt to charge the other credit card(s). By adding multiple credit cards to your The Wine Concierge account, you authorize this practice.



The Club and The Premier Club Membership

  1. Registration

    If you wish to utilize The Club or The Premier Club Membership Services, you agree to complete the initial registration process according to the requirements stated on the applicable The Wine Concierge Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through The Wine Concierge Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to The Wine Concierge that your use of a payment card in connection with any purchase you make on or through The Wine Concierge Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify The Wine Concierge if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.


  2. Member Information Changes

    You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.


  3. Minimum Membership Wine Allocation

    By becoming a Member and placing an order, you agree to receive a shipment of at least 3 bottles of wine from The Wine Concierge once a quarter until you cancel your membership. You may suspend or cancel your membership at any time. Shipping charges may apply based on the size of your order. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize The Wine Concierge to charge your credit card (including shipping and any applicable tax) for each The Wine Concierge Membership wine shipment. Please notify us at least 7 calendar days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.


  4. Members Code of Conduct

    Registering multiple The Wine Concierge accounts is a violation of these Terms and sending invites to alternate email addresses or accounts or otherwise attempting to circumvent The Wine Concierge's referral credit program may, without limiting any other The Wine Concierge rights or remedies, result in forfeiture of your The Club or The Premier Club. The Wine Concierge reserves the right to void referrals rewards earned if we suspect that the referrals were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by The Wine Concierge. You may not conduct your own promotion in connection with our Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of The Wine Concierge, and you may not use any trademarks of The Wine Concierge without obtaining written permission from The Wine Concierge.


  5. Terminating Membership

    If you want to terminate your legal agreement with The Wine Concierge, you may do so by notifying The Wine Concierge at hello@thewineconcierge.co. The Wine Concierge may at any time terminate its legal agreement with you for any reason, including without limitation, if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) The Wine Concierge is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) The Wine Concierge is transitioning to no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Service; or (D) the provision of the Services to you by The Wine Concierge is, in The Wine Concierge’s opinion, no longer commercially viable. Nothing in this Section shall affect The Wine Concierge’s rights regarding provision of Services under these Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and The Wine Concierge have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the governance of the laws of Washington, DC shall continue to apply to such rights, obligations and liabilities indefinitely.


  6. Referral Program

    Only The Club or Premier Club members may participate in the Referral Program. The referral member receives one (1) additional bottle of wine in their next shipment when a new person joins The Club or Premier Club. The referral member may select from designated wines in the Referral Program. Referral members who are eligible to receive multiple bottles of wines, the additional bottles will be shipped separately from your scheduled subscription. The new club member gets 15% off their first purchase. A $20.00 minimum purchase is required to receive a 15% discount. Discount is applicable to wine, The Club, or Premier Club purchases only. A person can only be referred once in their lifetime.



SMS Alert and Notification Service

If you enroll in The Wine Concierge’s SMS Alert and Notification Services, you will be subscribed to receive text messages from The Wine Concierge containing shipment status details about your The Wine Concierge orders. Message frequency depends upon your account activity and number of purchases. SMS messaging is not available in all areas. Not all mobile devices or handsets may be supported. The Wine Concierge and the mobile carriers are not liable for delayed or undelivered messages.

The Wine Concierge does not charge a separate fee for this service; however standard message and data rates may apply from your mobile carrier. Text messages sent to your mobile phone are subject to the terms and conditions of your mobile carrier. By providing your consent to participate in this service, you approve any charges imposed by your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.

To stop receiving text messages, text STOP, STOP ALL, UNSUBSCRIBE, CANCEL, END or QUIT to 202-763-6713. You may also unsubscribe from the The Wine Concierge SMS Alert and Notification Service by texting 202-763-6713 or under your account Experience Preferences at The Wine Concierge.com.

For help or information on the The Wine Concierge SMS Alert and Notification Service, send “HELP” to 202-763-6713.



Satisfaction Guarantee

If you are dissatisfied with your The Wine Concierge purchase for any reason, please contact Concierge team at hello@thewineconcierge.co or via live chat available at thewineconcierge.co between 11:00 a.m. and 7:00 p.m. Eastern Time, Monday through Friday or and between 11:00 a.m. and 4:00 p.m. Eastern Time, Saturday and Sunday, so we can resolve your concerns. We will work with you to resolve the problem to your satisfaction.

We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to The Wine Concierge. The Wine Concierge Gifts are nonrefundable. If we feel that you are taking advantage of us, we reserve the right to close your account and banish you from The Wine Concierge forever and ever.



Shipping and Returns

We do our best to make sure shipments arrive quickly and in good condition. For that reason, if the weather is too hot or too cold, we may delay shipment until conditions are more favorable. We will keep you notified if this happens

If your order is damaged, we will send you a replacement order as soon as we can. Email us at hello@thewineconcierge.co within 30 days of delivery. If we are unable to replace goods within 10 days, we will offer you a full refund.



Promotions

Any The Wine Concierge promotions, discounts or vouchers are single use only and not to be used in conjunction with any other promotions, discount or voucher, unless otherwise stated.



Gift Cards

Cancellation and Expiration. After delivery of an email confirmation of the purchase of a Gift Card, the Gift Card cannot be cancelled and the purchase is final and non-refundable. Gift Cards do not have an expiration date. Limitations may apply (1) Gift Cards may only be used on The Wine Concierge sites and applications, toward the purchase of eligible products. If a purchase exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method; (2) Gift Cards cannot be used to purchase additional Gift Cards; (3) Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law; (4) unused Gift Card account credits may not be transferred.



Restocking and Reshipment Fees

If a delivery is refused, re-shipped or returned to us, a $20 restocking fee will be issued.



Disclaimer of Warranties

THE The Wine Concierge SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE The Wine Concierge SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND The Wine Concierge 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 The Wine Concierge NOR ANY PERSON ASSOCIATED WITH The Wine Concierge MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE The Wine Concierge SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER The Wine Concierge NOR ANYONE ASSOCIATED WITH The Wine Concierge REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES 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 The Wine Concierge SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.



Limitation of Liability

IN NO EVENT WILL THE WINE CONCIERGE, 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, APPLICATIONS AND SERVICES 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 The Wine Concierge SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND The Wine Concierge’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.



Idemnification

You agree to defend, indemnify and hold harmless The Wine Concierge 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, or your use of The Wine Concierge Sites, Applications or Services.



Trademarks

The trademarks and service marks displayed on the The Wine Concierge Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of The Wine Concierge and its licensors. For a list of The Wine Concierge 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 The Wine Concierge Sites, Applications and Services are trademarks, service marks or trade dress of The Wine Concierge in the U.S. and other countries. The Wine Concierge’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not The Wine Concierge, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Wine Concierge. All other trademarks not owned by The Wine Concierge that appear in any The Wine Concierge Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Wine Concierge.



Copyright

All content included on or made available through any The Wine Concierge Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of The Wine Concierge 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 The Wine Concierge Sites, Applications and Services is the exclusive property of The Wine Concierge and protected by U.S. and international copyright laws.



User Generated Content

If you post a comment on any of the public walls around the site, or provide a product review or rating, your comments will be in the public domain and therefore will be visible to anyone who visits the site. Therefore, please don't say anything embarrassing, nasty or private.



Submitted Materials and Ideas

While we appreciate your interest in The Wine Concierge and our business, The Wine Concierge 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 The Wine Concierge 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 The Wine Concierge Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.



Links to Third-Party Websites

The Wine Concierge Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. The Wine Concierge 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 The Wine Concierge 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 The Wine Concierge MAY HAVE AGAINST EACH OTHER ARE DETERMINED.


  1. Agreement to Arbitrate

    You and The Wine Concierge 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 The Wine Concierge Terms, your use of The Wine Concierge Sites, Applications or Services, or to any products sold or distributed by The Wine Concierge or through The Wine Concierge 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 as a court would.

    The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by texting 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

    The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or The Wine Concierge may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and The Wine Concierge 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 The Wine Concierge members, but is bound by rulings in prior arbitrations involving the same The Wine Concierge 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.


  2. Prohibition of Class, Representative, and Consolidated Actions

    You and The Wine Concierge 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 The Wine Concierge 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 The Wine Concierge members.

    If for any reason a claim proceeds in court rather than in arbitration both you and The Wine Concierge each waive any right to a jury trial. You and The Wine Concierge 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 The Wine Concierge Sites, Applications or Services, or any products sold or distributed by The Wine Concierge or through The Wine Concierge Sites, Applications or Services, shall be governed by and construed in accordance with the laws of Washington, DC without giving effect to any choice or conflict of law provision or rule.

Unless you and The Wine Concierge 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 The Wine Concierge Sites, Applications or Services, or any products sold or distributed by The Wine Concierge or through The Wine Concierge Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Washington, DC. 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 Serverability

No waiver of these Terms by The Wine Concierge shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of The Wine Concierge 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 The Wine Concierge Services are presented solely for the purpose of promoting products and services available in the United States. The Wine Concierge makes no representation that the The Wine Concierge Services are appropriate or available for use in other locations. If you access The Wine Concierge 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 The Wine Concierge with respect to the The Wine Concierge Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.



Modifications

The Wine Concierge reserves the right to make changes to these Terms at any time. The Wine Concierge reserves the right to update these terms and conditions, with no notice to you, at any time.

Should you wish to terminate your membership due to a modification to the Terms, please contact via email hello@thewineconcierge.co. If you choose to continue using the The Wine Concierge 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 were last updated November 2020.



Contact Information

If you have questions or comments about these Terms or the The Wine Concierge Sites, Applications or Services, please write, phone or email us via the contact information:

The Wine Concierge
3521 V Street Washington, DC 20018
202-763-6713
hello@thewineconcierge.co

©2020 The Wine Concierge. All Rights Reserved.

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