Last updated August 29, 2016.
At Wine Awesomeness, we strive 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 Wine Awesomeness, its affiliates, and their parent and subsidiary companies (collectively, “Wine Awesomeness,” “we,” or “us”) with respect to your use of this website and any other Wine Awesomeness owned websites, micro-sites, and social media pages and accounts (collectively, “Wine Awesomeness Sites”), all Wine Awesomeness-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Wine Awesomeness 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 Wine Awesomeness Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Wine Awesomeness Services, specific areas of certain Wine Awesomeness Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Wine Awesomeness 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 Wine Awesomeness Sites or Applications will be controlling with respect to those particular areas. Wine Awesomeness reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Wine Awesomeness Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Wine Awesomeness Sites, Applications or any other website in regards to Wine Awesomeness, or while contacting any of our Member Services team, will not be tolerated.
Wine may only be sold and delivered to individuals 21 years or older. There must be an adult present to sign for all Wine Awesomeness shipments. A valid government-issued ID is required upon delivery.
Wine sales are solicited, offered, accepted, made, and delivered by licensed wineries or retailers who receive all orders. To address possible state alcoholic beverage law concerns, Wine Awesomeness pays for new member referrals through an instant rebate that discounts a portion of the price of each item the existing member purchases. Void where prohibited.
Your use of the Wine Awesomeness Sites, Applications and Services is subject to our Privacy Notice located at www.wineawesomeness/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Wine Awesomeness.
Wine Awesomeness Membership
Membership Program. By placing an order with one of our membership products you are becoming a Wine Awesomeness Member and you agree to receive a shipment of bottles of wine from Wine Awesomeness on an interval at your choice until you cancel your membership. You may suspend or cancel your membership any time. Wines start at $10 per bottle. A flat shipping charge of $15 may apply based on the size of your order or type of order. Taxes may apply based on the shipping address. By becoming a member and/or customer and providing your membership and credit card information, you authorize Wine Awesomeness to charge your credit card (including shipping and any applicable tax) for each Wine Awesomeness wine shipment. Please notify us at least 1 day prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.
Membership Termination. You may cancel your Wine Awesomeness membership at any time by logging in to your account portal, emailing support, or talking to a representative via our live chat during chat hours which are specified on the site and are subject to change. Wine Awesomeness may terminate your membership and refuse any and all current or future use of Wine Awesomeness or other services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Wine Awesomeness 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 Wine Awesomeness determines, in its sole discretion, that you are using your Wine Awesomeness membership in a manner not permitted by these Terms, or (4) in other circumstances, as Wine Awesomeness deems appropriate in its sole discretion.
Member Registration. If you register to become a Wine Awesomeness member, you agree to complete the initial registration process according to the requirements stated on the applicable Wine Awesomeness Site or Application, 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 a Wine Awesomeness Site or using an Application, 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 Wine Awesomeness that your use of a payment card in connection with any purchase you make on the Wine Awesomeness Site or Application is authorized and legal. As part of the initial registration process, you must choose a username and a password to use when accessing the Services. For your protection, you must keep your username and password secret. You must immediately notify Wine Awesomeness if you learn or suspect that the security of your username or password has been breached. You are responsible for any loss or damage arising from your failure to protect your username or password.
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.
Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Wine Awesomeness to charge such amount to your payment card at that time.
Wine Awesomeness SMS Alert and Notification Service
Wine Awesomeness does not have a separate charge 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 participation in this service, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.
Wine Awesomeness’s Commitment to Quality
If you are dissatisfied with your Wine Awesomeness purchase for any reason, please contact Wine Awesomeness’s Customer Service via our live chat window or you can also leave an offline message by visiting support.wineawesomeness.com or emailing [email protected] so we can resolve your concerns. We may make arrangements for a return or reship, if appropriate.
Wine Awesomeness DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A Wine Awesomeness SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Wine Awesomeness Winebassador Program
Wine Awesomeness may offer members the ability to earn credits or discounts ("Referral Credits") toward future purchases from Wine Awesomeness wine list when they invite friends to become members of Wine Awesomeness and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized Wine Awesomeness invitation channel (e.g. an invitation sent through Wine Awesomeness's website, Facebook or another social media channel supported by Wine Awesomeness). You may only earn Referral Credits via Wine Awesomeness’s authorized member invite mechanisms. Referrals outside of Wine Awesomeness authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire twelve (12) months after issuance. Referral Credits cannot be used toward future membership boxes. You will only receive Referral Credit for completed purchase(s) made by a friend who makes his or her first purchase with Wine Awesomeness as a result of an invite from you via a Wine Awesomeness authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you will not receive Referral Credit, and Wine Awesomeness will have no liability to you for your friend’s failure to follow directions. Total Referral Credits for referring a friend are subject to change. If your friend only makes one (1) purchase, no additional Referral Credits will be deposited in your account for that referral. There is no maximum amount of Referral Credits a Wine Awesomeness account can earn. Once five (5) referrals have been awarded, Winebassadors can request their balance be transferred to money via check pending an account review. Allow 2-3 weeks for checks to process. Redeeming credit does not adversely affect your standing in the leader board.
For more information regarding further tiers and ways to earn more, email [email protected]
Registering multiple Wine Awesomeness accounts is a violation of these Terms and sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Wine Awesomeness's referral credit program system may, without limiting any other Wine Awesomeness rights or remedies, result in forfeiture of your Wine Awesomeness membership and all Referral Credits in your account. Wine Awesomeness reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Wine Awesomeness. You may not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Wine Awesomeness, and you may not use any trademarks of Wine Awesomeness without obtaining written permission (email works) from Wine Awesomeness.
Referral Credits will appear in your account within approximately 24 hours after one of your qualifying invitees completes a purchase and that purchase is shipped. Referral Credits earned via Wine Awesomeness may only be used on Wine Awesomeness and may not be used toward the purchase of a Gift Card or on any other website affiliated with Wine Awesomeness.
The Referral Credit Program is void where prohibited by law. Wine Awesomeness reserves the right to modify or terminate the Referral Credit Program at any time, although Referral Credits accrued shall be valid for twelve (12) months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. Wine Awesomeness will have no liability for any errors displayed in your account.
Wine Awesomeness Gifts Cards & Credit
Use. In order to redeem a Gift Card, the recipient must create an account on Wine Awesomeness and be a resident of the United States in a state where it is legal to directly ship wine. Gift Cards must be redeemed toward the purchase of eligible products on www.wineawesomeness.com. Purchases are deducted from the Gift Card balance. Any unused Gift Card balance will be placed in the recipient's Wine Awesomeness 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 redeemed Gift Card balances, visit "Store Credit" in your Account or by clicking here.
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 Wine Awesomeness and the recipient then becomes a member of Wine Awesomeness, 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. (i) Gift Cards may only be used towards one time gifts and the wine list. If a purchase exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method; (ii) Gift Cards cannot be used to purchase additional Gift Cards; (iii) 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; (iv) Unused Gift Card account credits may not be transferred.
Risk of Loss
All items purchased from Wine Awesomeness are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, Wine Awesomeness (in its sole discretion) may issue a replacement for the balance shown on its records. Wine Awesomeness is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
Wine Awesomeness Restocking Fee
Orders returned to Wine Awesomeness may be subject to a reasonable restocking fee. Wine Awesomeness reserves the right to charge an additional $15 fee for all re-shipped orders upon customer’s request for reshipment.
All alcohol listings are intended for individuals who are 21 years of age or older. Wine Awesomeness reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
You must be at least 21 years of age to use Wine Awesomeness sites and purchase alcohol through Wine Awesomeness Services.
Disclaimer of Warranties
THE WINE AWESOMENESS SITES AND APPLICATIONS AND THE CONTENT PROVIDED ON OR THROUGH THE WINE AWESOMENESS SITES AND APPLICATIONS IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WINE AWESOMENESS 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 WINE AWESOMENESS NOR ANY PERSON ASSOCIATED WITH WINE AWESOMENESS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WINE AWESOMENESS SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WINE AWESOMENESS NOR ANYONE ASSOCIATED WITH WINE AWESOMENESS REPRESENTS OR WARRANTS THAT THE SITES APPLICATIONS 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 WINE AWESOMENESS SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability
IN NO EVENT WILL WINE AWESOMENESS, 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 AND APPLICATIONS 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 WINE AWESOMENESS SITES AND APPLICATIONS OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND WINE AWESOMENESS’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
You agree to defend, indemnify and hold harmless Wine Awesomeness 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 Wine Awesomeness Sites, Applications or Services.
The trademarks and service marks displayed on the Wine Awesomeness Sites and Applications are the registered and unregistered trademarks, service marks and trade dress of Wine Awesomeness and its licensors. For a list of Wine Awesomeness 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 Wine Awesomeness Sites and Applications are trademarks, service marks or trade dress of Wine Awesomeness in the U.S. and other countries. Wine Awesomeness’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Wine Awesomeness, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wine Awesomeness. All other trademarks not owned by Wine Awesomeness that appear in any Wine Awesomeness service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wine Awesomeness.
All content included on or made available through any Wine Awesomeness Sites and Applications, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Wine Awesomeness 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 Wine Awesomeness Sites and Applications is the exclusive property of Wine Awesomeness and protected by U.S. and international copyright laws.
Submitted Materials and Ideas
While we appreciate your interest in Wine Awesomeness and our business, Wine Awesomeness 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 Wine Awesomeness 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 Wine Awesomeness Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and nonproprietary.
Links to Third-Party Websites
Wine Awesomeness Sites or Applications may contain links to third-party websites. These links are provided for your convenience only. Wine Awesomeness 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 Wine Awesomeness 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.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND WINE AWESOMENESS MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and Wine Awesomeness 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 Wine Awesomeness Terms, your use of Wine Awesomeness Sites, Applications or Services, or to any products sold or distributed by Wine Awesomeness or through Wine Awesomeness 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.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. 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 www.adr.org or by calling 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 Wine Awesomeness may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Wine Awesomeness 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 Wine Awesomeness members, but is bound by rulings in prior arbitrations involving the same Wine Awesomeness 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.
Prohibition of Class, Representative, and Consolidated Actions
You and Wine Awesomeness 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 Wine Awesomeness 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 Wine Awesomeness members.
If for any reason a claim proceeds in court rather than in arbitration both you and Wine Awesomeness each waive any right to a jury trial.You and Wine Awesomeness 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 Wine Awesomeness Sites, Applications or Services, or any products sold or distributed by Wine Awesomeness or through Wine Awesomeness Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Unless you and we 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 Wine Awesomeness Sites, Applications or Services, or any products sold or distributed by Wine Awesomeness or through Wine Awesomeness Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in New York City, New York. 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 Severability
No waiver of these Terms by Wine Awesomeness shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Wine Awesomeness 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 Wine Awesomeness Services are presented solely for the purpose of promoting products and services available in the United States. Wine Awesomeness makes no representation that the Wine Awesomeness Services are appropriate or available for use in other locations. If you access Wine Awesomeness 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.
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Wine Awesomeness with respect to the Wine Awesomeness Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Wine Awesomeness reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the Wine Awesomeness Referral Program, at any time. If Wine Awesomeness makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at www.wineawesomeness.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes. Should you wish to terminate your membership due to a modification to the Terms, please contact Wine Awesomeness via [email protected] or live chat during normal hours displayed at the footer. If you choose to continue using the Wine Awesomeness 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.
If you have questions or comments about these Terms or the Wine Awesomeness Sites, Applications or Services, please write, or email us via the contact information below:
Wine Awesomeness Inc. I 270 Lafayette, Suite 1105 I New York, NY, 10012