Terms of service
This agreement (the "Terms and Conditions") is a legally binding agreement between you and Winc, its affiliates, and its and their respective parents and subsidiaries (individually and collectively, "Company," "we," "our" or "us"), and governs your access to and use of the URL, www.winc.com (the "Site") and other Winc websites, social media pages, accounts, and mobile applications owned by or licensed to us (collectively, the "Sites"), any order you place through the Site and, as applicable, your use of the products you purchase. Through use of the Site, we provide an opportunity to buy wine, club memberships and related products from Licensed Retailers in their respective states (collectively the "Wine Services"). The sale and delivery of orders purchased by you may be executed and fulfilled by licensed third-party entities that hold valid licenses issued by state alcohol beverage agencies allowing for the legal sale of wine (the "Licensed Retailers" or "Licensed Retailer"). The Sites are directed to adults aged 21 or older and you must be at least 21 years of age to make a purchase through the Sites and to receive delivery of the products purchased, and a valid government-issued ID will be required upon delivery.
MINIMUM AGE REQUIREMENT
If you use the Sites, you represent and warrant that you are at least twenty-one (21) years of age. In no event shall you use the Sites, the Wine Services, register for a wine club membership, make a purchase or purchase a gift for someone else if you are under the age of 21, nor may you do any of the foregoing activities for the benefit, or on behalf, of any person under the age of 21. We may refuse to register any person, or service any order at any time, in our sole discretion. By using the Sites, including, without limitation, by participating in the Wine Services, you hereby agree to the terms and conditions set forth below (the "Terms and Conditions"). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE, DO NOT PLACE AN ORDER, AND DO NOT USE ANY PRODUCTS. THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM AGAINST US TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
SALE OF ALCOHOLIC BEVERAGES
Our role in the transactions contemplated by these Terms and Conditions is that of a marketer and service provider that enables you, the consumer, to purchase wine and related products from Licensed Retailers, and to participate in the Wine Services and/or any other product offers offered on the Sites. You acknowledge that all orders of wine and related products you place through the use of the Sites are processed and fulfilled by such Licensed Retailers, as the actual sellers of wine, and not by us. Any wine you purchase through the use of the Sites from the Licensed Retailers must be for personal consumption only and not for resale. In the unlikely event that a particular wine is unavailable at time of shipping, the Licensed Retailer may substitute a wine of similar style and of equal or greater value in your shipment.
ACCOUNT REGISTRATION
To use the Wine Services, you will be asked to provide personally identifiable information such as your name, address, phone number, shipping address, email address, date of birth, and payment information (collectively, the "PII") as well as a password in order to make a purchase and create a personal account with us (an "Account"). Please be sure to protect the confidentiality of the password you create for your Account. Please review our privacy policy regarding the PII we collect, use and share, and the terms of such collection, use and sharing. You are responsible for, and agree to pay promptly, all charges to your Account including applicable taxes and purchases by you or anyone you allow to use your Account. You represent and warrant that all PII you provide in connection with registering your Account is complete, accurate and non-fraudulent, and that you are authorized to use the method of payment you provide in connection with your use of the Wine Services. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer's Account without their prior approval. You also agree to review and update your Account as and when necessary to maintain the most current PII.
ORDERS
As part of the Wine Services available to you, you will have the opportunity to purchase wine. When you place an order for wine, you will be asked to create an Account if you don't have one, or to log into your pre-existing account. All offers marketed to you pursuant to these Terms and Conditions are subject to availability. The Company and/or the Licensed Retailer have the right to refuse orders should they not comply with your state's laws or for any other reason, and your payment will not be processed for such orders. We shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, the Company and/or the Licensed Retailers reserve the right to cancel such order(s) and refund any erroneous charges to you. The Licensed Retailers reserve the right to change product pricing and discounts offered at any time.
MEMBERSHIPS
WINC MEMBERSHIP
You may become a Winc Member by providing the requested registration information and submitting it to Winc through the Winc Sites or Applications. By becoming a Member and placing an order, you agree to receive a shipment of at least 3 bottles of wine from Winc once a month until you cancel your membership. You may suspend or cancel your membership any time. Wines range from $13 to $75 per bottle. A shipping charge of $9 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 Winc to charge your credit card (including shipping and any applicable tax) for each monthly Winc Membership wine shipment. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.
WINC BRANDED MEMBERSHIPS
You may join Winc Branded Memberships by submitting the requested registration information and purchasing Winc products from the unique Branded Membership Winc Sites or Applications. By enrolling in Winc Branded Memberships and placing an order, you agree to receive a shipment of wine from Winc once a month during the duration of the Winc Branded Membership. You may cancel your Winc Branded Membership any time. Prior to placing your initial order, you will have the option to prepay for your Winc Branded Membership or to agree to a monthly charge. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Winc to charge your credit card (including shipping and any applicable tax) for the Winc Branded Membership prepayment or for each monthly shipment, depending on your selction. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership. If you cancel at least 3 days prior to the shipment of your initial order, you will receive a full refund of the Winc Branded Membership purchase price. Cancellation requests received following receipt of Winc Branded Membership orders will be refunded on a pro rata basis.
WINC INSIDER ACCESS
Winc offers members the opportunity to participate in its membership rewards program (the "Winc Insider Access"). To become a Winc Insider Access member, simply purchase any Winc item on this Site or through an applicable Winc Service, opt-in to Winc Insider Access and you will be automatically enrolled (including the monthly, automatic charge feature).
Upon enrollment in the Winc Insider Access, you will receive new recommendations of wine every month. You will also receive emails, newsletters, special offers and other updates to maximize your experience. As a valued Winc Insider Access, you will enjoy exclusive Winc Insider Access member-only pricing and dedicated promotions.
By enrolling in Winc Insider Access, you agree to allow Winc to charge a monthly membership fee each month on the date you enrolled (“Experience Date”) until you cancel. If you do not make a purchase and do not 'Skip the Month' at least three (3) days before your Experience Date, your credit card will be charged an automatic monthly membership fee of $59.95 redeemable for member credits. Each Winc Insider Access credit will be applied to your Account and can be redeemed toward the purchase of Winc items during any future month. You may 'Skip' as many months as you like, there is no obligation to buy. Even if you decide to 'Skip' any month, you may return to your Account at any time to make a purchase.
WINC MEMBER CREDITS
Winc Member Credits (collectively “Member Credits”) are credits purchased by the customer. Member Credits do not include credits earned via referral, Give a Box, gifts, promotions, or other discounts.
Purchase. Winc Member Credits may be purchased at www.winc.com/save. Member Credits and their use are subject to these Terms. In order to purchase Member Credits, you will need to provide certain information, including but not limited to, name, email address, and a valid credit card number. The value of Member Credits will show up in your account as an account credit.
The purchase of Member Credits is non-refundable and not cancellable.
Use. In order to redeem Member Credits, the order recipient must be a resident of the United States in a state where it is legal to directly ship wine. Member Credits must be redeemed toward the purchase of eligible products on winc.com. Purchases are deducted from the Member Credit balance. If an order exceeds the amount of outstanding Member Credits, the balance must be paid with a credit card or other available payment method. To view your redeemed Member Credit balance, visit "My Account" on winc.com.
Cancellation and Expiration. After delivery of an email confirmation of the purchase of Member Credits, the Member Credits cannot be cancelled and the purchase is final and non-refundable. Member Credits do not have an expiration date.
Limitations. Member Credits may only be used on Winc Sites and Applications, toward the purchase of eligible products. Existing Member Credits cannot be used towards the purchase of additional Member Credits. Member Credits cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Void where prohibited by law.
WINC GIFT CARDS
Purchase. E-Gift Cards and Physical Gift Cards (collectively “Gift Cards”) may be purchased at winc.com/gifts. Gift Cards and their use are subject to these Terms. In order to purchase a Gift Card, you will need to provide certain information, including but not limited to, recipient email address, recipient name, and a valid credit card number. The value of a Gift Card will show up in the recipient's account as an account credit or the Gift Card may be submitted as payment at the time of a Winc product purchase. The purchase of a Gift Card is non-refundable and not cancellable.
Use. In order to redeem a Gift Card, the recipient must be a member of Winc and a resident of the United States in a state where Winc is legally able to directly ship wine. Gift Cards must be redeemed toward the purchase of eligible products on Winc sites and applications. Purchases are deducted from the Gift Card balance. Any unused Gift Card balance will be placed in the recipient's Winc account as credit. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method. To view your Gift Card balances, visit "My Account" on winc.com and go to "Account Credits."
Priority of Credit Use. When making a purchase with a Gift Card, the value of the purchase plus any shipping/handling fees and sales tax, if applicable, will be automatically deducted from your account credits. Priority of account credit use shall be as follows: first, credits that have an expiration date (for example, referral credits), and second, credits that do not have an expiration date (for example, Gift Cards). Within a specific class of credits, credits will be used according to their age (oldest being used first).
Referral Credits. If a purchaser buys an E-Gift Card for a non-member of Winc and the recipient then becomes a member of Winc, the purchaser will not receive any referral fee if the recipient's first purchase is with a Gift Card.
Cancellation and Expiration. After delivery of an email confirmation of the purchase 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. (1) Gift Cards may only be used on Winc 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.
PAYMENT
Your credit or debit card will be charged immediately upon checkout. We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, we may charge such amount directly to the credit card identified in your Account and may suspend or terminate your access to the Wine Services, including your Membership. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use the Wine Services is subject to limits established by us and/or by your credit card issuer.
BILLING & CANCELLATION
Club Memberships: You acknowledge and agree that Club Memberships are subject to recurring billing whereby the method of payment linked to your Account will be automatically charged on a recurring basis until you cancel your Membership. There is no ongoing commitment to continue your Membership and receive these shipments of wine. You may cancel your Winc Membership, Winc Branded Membership or Winc Insider Access at any time via live chat available at www.winc.com between 7:00am-4:00pm PST Monday-Sunday. You may also cancel via email at support@winc.com or call: 1(855)282-5829 between 7:00am-4:00pm PST Monday-Sunday. California residents may cancel their Winc Membership at any time on the Account Settings page. Winc may terminate your membership and refuse any and all current or future use of your Winc Membership or Winc Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Winc determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Winc determines, in its sole discretion, that you are using your Winc Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Winc deems appropriate in its sole discretion. We will promptly stop processing the recurring payments and you will not be charged for any future shipments that have not yet shipped.
REPLACEMENT ORDERS & RETURNS
In the event your order is damaged in transit, is incorrect, or you are not satisfied with your order for any reason, please contact our Customer Service team at (1(855)282-5829 and we will use good faith efforts to make your order right. Company credit or replacement product will be provided after the unused product has been returned to us. Company credit can only be used towards the purchase of merchandise offered for sale at www.winc.com. Company credit has no monetary value and is not redeemable for cash except as otherwise provided by law. Company credit can only be used on orders associated with your original account and cannot be transferred to another person or account. Orders returned to Winc may be subject to a reasonable restocking fee. Winc reserves the right to charge an additional $25 fee for all re-shipped orders upon customer’s request for reshipment.
PROMOTIONAL EMAILS
When you register your Account or make a purchase through the Site, you agree to receive transactional and promotional emails from us. These emails may include, but are not limited to, tasting notes or recipes, promotional offers, subscription information or other offers. We will never rent, sell or share your email address except to the limited extent set forth in the privacy policy or otherwise in these Terms and Conditions.
SMS ALERT AND NOTIFICATION SERVICE
If you enroll in Winc’s SMS Alert and Notification Services, you will be subscribed to receive text messages from Winc containing shipment status details about your Winc 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. Winc and the mobile carriers are not liable for delayed or undelivered messages.
Winc 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 49830. You may also unsubscribe from the Winc SMS Alert and Notification Service under your account Experience Preferences at winc.com.
For help or information on the Winc SMS Alert and Notification Service, send “HELP” to 49830.
PRIVACY POLICY
These Terms and Conditions and our privacy policy, and any other terms or agreements that may be posted on the Sites (as may be amended from time to time) contain the entire agreement between you and us relating to the Sites and your use of the Sites, and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of our agreement. You confirm that, in agreeing to accept these Terms and Conditions and privacy policy, you have not relied on any representation except insofar as the same has expressly been made a representation in these agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these agreements.
MODIFICATION
We may modify these Terms and Conditions at any time, at our sole discretion, without specific notice to you provided, however, that (a) any amendment or modification to the provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification (as the Terms and Conditions in effect at the time of the subject dispute or incurred changes shall govern, as applicable). The latest version of these Terms and Conditions will be posted to the Site, and you should review these Terms and Conditions prior to using the Sites. Any such changes to these Terms and Conditions will become effective immediately and your continued use of the Sites and your Account following such notification will be deemed confirmation of your acceptance of such changes. You will not be eligible for any compensation because you cannot use any part of the Sites or because of a failure, suspension or withdrawal of all or part of the Sites.
ACCEPTABLE USE POLICY
You hereby agree that you are solely responsible for your conduct in connection with your use of the Sites and for any and all acts and omissions that occur under your Account or password. In connection with your use of the Sites, you further agree not to engage in any of the following prohibited activities: (a) create an Account or make any purchase if you are under twenty-one (21) years of age; (b) interfere with or inhibit the use of the Sites by other users; (c) use the Sites for commercial purposes for yourself and/or third parties (for example, by selling, or attempting to sell, your purchases to others, etc.); (d) create an Account using a false identity, alter-ego, by impersonating a third party, or creating any other false account; (e) interfere with, disrupt or attempt to gain unauthorized access to other Accounts on the Sites or any other computer network; (f) copy, reverse engineer, or attempt to derive the source code of any part of the Sites; (g) post any comment or product review on the Sites or Social Media Pages that is private, libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to our products or services or is clearly false or misleading; (h) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property of any person; (i) disseminate or transmit viruses, Trojan Horses, or any other malicious code or program; or (j) use the Sites in a manner or engage in any other activity that would violate any of the terms and conditions contained in these Terms and Conditions or any applicable laws. Violation of the foregoing restrictions will result in immediate termination of your Account, and may potentially subject you to further liability. We may investigate any reported violation of these Terms and Conditions and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, closing your Account, suspending future shipments under your Membership or Gift purchase, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
LIMITED LICENSE
We grant you the limited right to access and make use of the Sites as a user. The Sites, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Sites (the "Content") are owned by or licensed to us. Facebook® is a registered trademark of Facebook, Inc. ("Facebook"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that we are not in any way affiliated with Facebook or Twitter, and the offerings on this Site are not endorsed, administered or sponsored by any of those parties. Unless authorized in writing and in advance by us or the applicable rights holder, you may not sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit the Content for any public or commercial purpose. No provisions of these Terms and Conditions shall be construed to convey any property right in or license to the Content unless expressly provided to the contrary.
THIRD-PARTY SERVICERS
You may have contact or other interaction with third parties by clicking third-party links on our Sites and being directed to third-party websites (the "Third-Party Servicers"). You acknowledge and agree that you are proceeding at your own risk and any such Third-Party Servicers are not under our control. We shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third-Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with them, including the content on, or the privacy practices of, such Third-Party Servicers. If you visit the website of, or submit information to, any Third-Party Servicer, your visit and the information you submit are governed by the privacy statement of that Third-Party Servicer. We encourage you to carefully read the privacy statements of any website you visit.
DISCLAIMER
THE SITES AND THE CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW. YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK.
THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESS DISCLAIMED TO THE EXTENT PERMITTED BY LAW PROVIDED, HOWEVER, THAT THIS DISCLAIMER OF WARRANTIES IS NOT APPLICABLE TO RESIDENTS OF THE SATE OF NEW JERSEY.
YOU ALSO HEREBY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, IF APPLICABLE, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS FOR 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 AT SUCH TIME, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
ERRORS AND INACCURACIES
We strive to provide complete, accurate, up-to-date information on our Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, our Sites may contain typographical errors, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Sites.
UNLAWFUL ACTIVITY
We reserve the right to investigate complaints we may receive in connection with your use of the Sites, your Account, or placement of orders of wine, Club Memberships or gifts. Without limiting the generality of the foregoing, we may report any suspected illegal activity to law enforcement officials and regulatory bodies, and in doing so, may disclose any relevant information to such officials and/or regulators, including, without limitation, your PII, IP address(es), and your Sites usage history as provided in our privacy policy.
TERMINATION
The agreement contained in these Terms and Conditions is effective upon your acceptance as set forth herein, and shall continue in full force and effect until terminated. We may suspend or terminate the agreement or the Wine Services, including future shipments under your Club Membership or gift purchase, or remove or disable access to any portion of the Wine Services or the Sites at any time and for any reason with or without cause or notice to you. You may terminate your Account at any time for any reason by calling 1(855)282-5829 We reserve the right to collect fees and charges incurred before you cancel your Account.
INDEMNIFICATION
You agree to indemnify, defend and hold the Company and its employees, officers, members, directors, agents, representatives, affiliates, service partners, Licensed Retailers, licensors, successors and assigns harmless from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys' fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from, or in any way attributable to: (i) your use of the Sites; (ii) anything you post to the Sites; (iii) your violation of these Terms and Conditions; (iv) your violation of the rights of any third parties; and/or (v) use of the Sites or your Account by any other person accessing the Sites using your computer or Internet access account.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, AND EXCEPT WITH RESPECT TO RESIDENTS OF THE STATE OF NEW JERSEY, THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES, YOUR PLACEMENT OR DELIVERY OF ORDERS OF WINE, CLUB MEMBERSHIPS OR GIFTS, OR YOUR USE OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITES EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW
These Terms and Conditions, the privacy policy, and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of California pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles.
DISPUTE RESOLUTION
WHEN YOU AGREE TO THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY OR YOUR USE OF THE SITES OR ANY PRODUCT OR SERVICE PROVIDED THROUGH THE SITES; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, TRIAL BY JURY, OR ADMINISTRATIVE PROCEEDING, IN ORDER TO SETTLE YOUR DISPUTE.
You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least thirty (30) days after one of us notifies the other in writing of a dispute. The parties shall attempt to resolve any controversy or claim arising out of, or relating to, any provision of the agreement or the breach thereof by good faith negotiations between the parties.
If you and we are unable to resolve our dispute by talking to each other, you and we each agree that, to the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, either the Terms and Conditions or the privacy policy (including any dispute as to their breach, termination, enforcement, interpretation or validity), the Sites or any product or service provided under or in connection with our relationship that is not resolved will be resolved exclusively by final and binding arbitration before one arbitrator in the county of Los Angeles, California under the rules of the American Arbitration Association then in effect. The prevailing party, as determined by the arbitrator, shall be entitled to collect its reasonable costs, expenses, and interest (including reasonable attorneys' fees, arbitration fees, and other such costs). EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH PARTIES GIVE UP THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY. You have a right to hire an attorney, at your own cost, to represent you in arbitration. The arbitrator's decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award, including any award of costs, expenses or interest, shall provide a concise written statement of the essential findings and conclusions upon which it is based. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if we make any future material change to this arbitration agreement, it will not apply to any individual claim(s) of which you had already provided notice to us.
You and we agree not to join or consolidate claims in arbitration by or against the other. You and we also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, Licensed Retailers, local fulfillment retailers, licensors, officers, directors, members, agents, employees, representatives, affiliates and predecessors. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this provision that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general arbitration.
Notwithstanding any of the foregoing, if we are suffering irreparable harm arising out of or related to your use of the Sites, we are not precluded from bringing an action or claim with respect thereto before the appropriate federal or state court located in the county of Los Angeles, California, and you consent to personal and subject matter jurisdiction of such court related to any such action or claim.
NOTICE TO CALIFORNIA USERS
Residents of California who use the Sites are entitled to know there are no charges to the consumer for use of our Sites, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the order confirmation pages relating to each purchase and e-mailed to the consumer after purchase. We reserve the right to change our pricing. You may contact us to resolve a complaint regarding any aspect of our service at any time via live chat available at www.winc.com between 7:00am-4:00pm PST Monday-Sunday. You may also cancel via email at support@winc.com or call: 1(855)282-5829 between 7:00am-4:00pm PST Monday-Sunday.The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814, by calling 1-800-952-5210, or Hearing Impaired at TDD (800) 326-2297, or by email at dca@dca.ca.gov.
ASSIGNMENT
These Terms and Conditions are personal to you and your Account. You may not assign these Terms and Conditions without our prior written consent. We may assign any of our rights and delegate any of our duties hereunder at any time, without your consent, at our sole discretion. These Terms and Conditions and the privacy policy will inure to the benefit of our successors, assigns and licensors.
FORCE MAJEURE
Neither the Company nor any service provider, including but not limited to Licensed Retailers, service partners, local fulfillment retailers, licensors, licensees, officers, directors, members, agents, employees, representatives or affiliates , shall be liable for performance of its obligations under these Terms and Conditions if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest, or emergency condition, (iii) the unavailability, failure or interruption of the Internet; or (iv) any other circumstances beyond the reasonable control of the Company or its service providers including but not limited to Licensed Retailers, service partners, local fulfillment retailers, licensors, licensees, officers, directors, members, agents, employees, representatives or affiliates.
WAIVER
Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
SEVERABILITY
In the event that any provision of these Terms and Conditions is declared void or unenforceable, such provision shall be deemed severed from these Terms and Conditions, and these Terms and Conditions shall otherwise remain in full force and effect unless its purpose cannot be effected absent the severed provision.
ENTIRE AGREEMENT
These Terms and Conditions and the privacy policy constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior agreements, whether written or oral.