Last updated April 1st 2017
Terms of Use
Welcome to our website: we strive to offer a first-class experience for our members, and uphold the highest degree of professionalism. The following Terms of Use constitute a binding agreement between you and Vino Direct LLC, its affiliates, and its and their parent and subsidiary companies (collectively, “Vino Direct LLC”, “we,” or “us”.)
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Vino Direct LLC's relationship with you in the context of this website. The term “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
Additional policies, terms, and conditions applicable to certain Vino Direct Services, specific areas of certain Vino Direct Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Vino Direct Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Vino Direct Sites or Applications will be controlling with respect to those particular areas. Vino Direct reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Vino Direct Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Vino Direct Sites, Applications or any other website in regards to Vino Direct, or while contacting any of our Member Services team, will not be tolerated. The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.
LEGAL REQUIREMENTS / WINE-SPECIFIC CONDITIONS
You must be 21 years of age or older, to order or receive alcoholic beverages from Vino Direct LLC. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Wines purchased from Vino Direct LLC are not for resale, and are for personal consumption only.
CREDIT CARD CHARGES
Orders are by credit card only. We accept Visa, MasterCard, American Express, Discover, JCB, and Diners Club cards.
MINIMUM PURCHASE
No minimum purchase is required. Club memberships carry their own allotment and specifications: refer to the Club member’s Terms &Conditions and FAQ, call (310) 295-7509 / Toll Free (844) 310-0258 or contact us at membership@vino-direct.com.
STATES AUTHORIZED FOR DIRECT SHIPMENT
If Vino Direct LLC is unable to ship directly to your state, we can arrange for the sale and shipment of our products through a third party. Please note, when dealing through a third party, wine prices, discounts, and shipping costs may differ from those quoted by Vino-Direct.com.
SHIPPING COSTS
Federal Express Ground is Vino Direct LLC's carrier of choice. In certain states, we will utilize GSO as our carrier of choice. Ground shipping is provided by Federal Express Ground at current market rates. *Note – If the customer selects Fed Ex Air as his or her carrier, the customer pays all shipping charges, regardless of his or her wine club membership or purchase amount.
WINE IS A DELICATE COMMODITY
Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Vino Direct LLC is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.
USE OF OUR WEBSITE
We encourage responsible drinking only for those of legal drinking age. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in your country of residence and the country from which you are accessing this Site. You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy”) and all applicable laws and regulations. We make no representations that materials on the Vino-Direct.com website or its affiliate websites are appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside the Unites States do so on their own initiative and are responsible for compliance with all local laws. If you do not agree to and accept, without limitation or qualification, these Terms of Use, please exit our Site.
MEMBERSHIP AND PROGRAMS
Some areas of the Site are available to members only and require separate membership and/or terms of use agreements. Such areas may have age restrictions, and by becoming a member, you represent that you are of such age and that all information you provide is true, accurate and complete. Unfortunately, membership may not be available in your geographic locations. Membership is void where prohibited by law. From time to time, we will run special programs on our Sites. These may be member or non-member programs. All program participants must comply with the official program rules. The assignment of a user name and/or password for a membership or program is in our discretion. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Vino Direct LLC of any unauthorized use of your user name or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for the security of your user name and password, as well as all use of our Site under your user name and password.
YOUR COMMUNICATION ON OUR SITE
Our Site enables you to post messages, reviews and other content on the Site and to submit comments, ideas and questions (“Submission(s)”). All rights, title and interest in such Submissions shall be the exclusive property of our Site with no compensation to you, and we may use such Submissions in any way, without limitation. To be clear, we have the right but not the obligation to monitor, decline, translate, modify, reformat, edit, distribute, derive, remove, transmit, display and perform, publicly or otherwise, all or any portion of any Submission in any media now known or hereafter developed for the our business purposes and to sublicense the foregoing rights, through corporate structures to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms of Use for any reason. You also hereby grant each user of the Site a non-exclusive license to access your Submissions through the Site and to display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Use. The foregoing license granted by you terminates once your Submission is permanently removed or deleted from the Site by us. Our company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions. You agree not to use the Site to post content or other communications that contain (i) material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is excessive in length, or is otherwise inappropriate; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of any company; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) an impression that they emanate from us, if this is not the case; (viii) sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or (ix) similar information. Furthermore, for each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted herein (including any music or sound rights embedded therein) and that such Submissions and the submission thereof to our Site complies with all applicable laws, rules and regulations and does not infringe on the intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We have no control over and shall have no liability for any damages related to or resulting from the use of your public Submissions by a third party. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. If you choose to make any of your personally identifiable or other information publicly available in a Submission, you do so at your own risk. However, any personal data, such as your name, address, telephone number or email address that you transmit to our Site electronically shall be used in accordance with our Privacy Policy.
SITE TRANSACTIONS AND RIGHT TO CHANGE SITE
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
PRODUCT INFORMATION AND COLORS
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
DOWNLOADS
From time to time, we may provide certain content that includes software tools (the “Software”). Such Software remains our property, but as long as you have permission to use our Site, you may download and view one copy of such software on any single computer solely to use our Site.
DISCLAIMER
We provide our Site, including without limitation its content and Software therein, on an "as is" basis and make no representations or warranties of any kind with respect thereto. We disclaim all such representations and warranties, including, for example, warranties of merchantability and fitness for a particular purpose. In addition, although we make an effort to keep our Site current and accurate, we do not represent or warrant that the information accessible via our Site is accurate, complete, or free of typographical errors or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site, including pricing and availability information, is inaccurate at any time without prior notice.
LIMITATION OF LIABILITY AND NO ENDORSEMENT
Except as specifically stated on our Sites or as specifically limited by some jurisdictions, neither we nor any of our employees, affiliates or representatives will be liable for damages arising out of or in connection with the use of our Site and/or any web sites to which our Site may link. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We cannot prevent the "harvesting" of information from this Site, and you may be contacted by us or unrelated third parties, by email or otherwise, within or outside of this Site. Inclusion of a web site link or a third party product on our Site is not an endorsement of such product or web site by us.
RESTRICTIONS
Alcohol Related - There are certain alcohol-related portions of our Sites that are restricted to visitors who are at least 21 years of age. Wines offered for sale in our on-line store are not available except to adults of legal drinking age and only to states where shipping is permitted. Personal, Non-Commercial Use - You may view our Site and you are welcome to print hard copies of written material on it for your personal, non-commercial use. All other copying without prior written permission, whether in electronic, hard copy or other format is prohibited and all other rights reserved. The use of any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and the deletion or alteration of any copyright, trademark and other proprietary notices appearing on such materials are also prohibited.
Inappropriate Web Activity - You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes anyone’s rights. Notwithstanding any other rights or restrictions in these Terms of Use, you may not: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) use any robot, spider or other automatic device, process or means to tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail; (j) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (k) otherwise attempt to interfere with the proper working of the Site.
COPYRIGHT
The Site and all its contents including, but not limited to, all Site design, text, user and visual interfaces, look and feel, sound, icons, video clips, graphics, the selection and arrangement thereof, and any underlying software and computer codes (“Content”), are the copyright of the Vino Direct or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, patent or service mark is also a registered and/or unregistered trademark of Vino Direct or others. Your use of any Content, except as provided in these Terms of Use, without the prior written permission of the Content owner is strictly prohibited. You are also advised that Vino Direct will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
TRADEMARKS
Our sites include protectable service marks, trademarks and trade dress owned and/or licensed by Vino Direct LLC or its affiliates. Any use of our service marks, trademarks or trade dress including, reproduction for purposes other than those noted above, modification, distribution, republication, transmission, translation, publication, public performance or display, commercial exploitation, or creation of any derivative works from this Site in any way without the prior written permission of Vino Direct LLC, is strictly prohibited. All trademarks not owned or exclusively licensed by Vino Direct LLC and its affiliates that appear on the site are the property of their respective owners.
GOVERNANCE
This Site is operated by Vino Direct LLC in the State of California, USA. As such, these Terms of Use and any dispute of any sort that might arise between you and Vino Direct LLC shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce these Terms of Use or matters related to the Site will be brought in either the state or federal courts in Los Angeles, California; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against the Affiliated Entities or their respective officers, members, directors, employees, agents or successors under or related to these Terms of Use. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Our Legal Address: Vino Direct LLC, 3605 Long Beach Boulevard, Long Beach, California 90807. For more information call (310) 295-7509 / Toll Free (844) 310-0258 or email privacy@vino-direct.com.
EXPORT CONTROL
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Affiliated Entities do not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
INDEMNITY
You agree to defend, indemnify and hold harmless the Affiliated Entities and any other party involved in creating, producing or delivering the Site, and their respective directors, members, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers' fees) arising out of (a) your use of, or activities in connection with, the Site or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission that you make available or create through the Site, the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
TERMINATION
These terms are effective unless and until terminated by either you or Vino Direct. You may terminate this Agreement at any time. You also agree that Site, in its sole discretion, may terminate your access to or use of the Site and the Software, at any time and for any reason, including without limitation if the Site or Vino Direct believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Software will immediately cease. You agree that any termination of your access to or use of the Site and the Software may be effected without prior notice, and that the Site may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither the Site nor Vino Direct will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
FILTERING
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.staysafe.org/.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send the Site a notice requesting that Site remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Vino-Direct.com, 3605 Long Beach Boulevard Beach, California 90807, or by calling us at (310) 295-7509 and email info@vino-direct.com. Details are available at http://www.copyright.gov/onlinesp/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
INFORMATION OR COMPLAINTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to info@vino-direct.com. You may also contact us by writing to Vino-Direct.com, 3605 Long Beach Boulevard Beach, California 90807, or by calling us at (310) 295-7509. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
VOID WHERE PROHIBITED
Although this Site is accessible worldwide, references to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
MISCELLANEOUS
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, applicable membership rules, and applicable program rules, constitute the entire agreement between you and Vino Direct with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Vino Direct with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Vino Direct to act with respect to a breach by you or others does not waive Vino Direct’s right to act with respect to subsequent or similar breaches. Vino Direct’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vino Direct without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.
FOR FURTHER INFORMATION
Please contact our Customer Service Department via email at info@vino-direct.com or call (310) 295-7509 / Toll Free (844) 310-0258 for questions or further information.