TERMS OF SERVICE
Welcome to the Internet sites of Wine Stork, LLC (“Wine Stork”). Wine Stork’s Internet sites include WineStork.com and other Internet sites affiliated with Wine Stork, LLC, (each a “WineStork.com Site” or a “Site”). Each WineStork.com Site is operated by Wine Stork and its affiliates (collectively referred to herein as “we,” “us,” or “our”).
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS (“TERMS OF SERVICE”) REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WINESTORK.COM SITE OR OTHERWISE USING THIS WINESTORK.COM, SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS WINESTORK.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE.
THE TERMS OF SERVICE MAY BE UPDATED BY WINE STORK FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WINESTORK.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE
You agree not to do any of the following while using the WineStork.com Site:
- Intentionally or unintentionally violate any applicable law or regulation.
- Access, tamper with, or use nonpublic areas of the WineStork.com Site or Wine Stork’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
- You will not access the WineStork.com Site with any manual or automated process for any purpose other than to purchase Wine Stork products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the WineStork.com Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
- Frame or link to the WineStork.com Site except as permitted in writing by Wine Stork.
Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify Wine Stork immediately if they suspect unauthorized access to their account. Users agree that Wine Stork will not be liable for any loss or damage arising from unauthorized use of their credentials.
THE SALE OF ALCOHOLIC BEVERAGES
Wine Stork does not sell alcohol to persons under the age of 21. By using this Site you swear or affirm that you are over the age of 21. Wine Stork makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Site you are acknowledging that the person receiving a shipment of alcoholic beverages from Wine Stork is over the age of 21. You also agree that any alcohol purchased from Wine Stork is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Wine Stork will prosecute you fully to the extent allowable by law.
TITLE AND OWNERSHIP
Title to, and ownership of, all wine passes from Wine Stork to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to the purchaser’s home state. By arranging for transportation of the wine, Wine Stork is providing a service to, and acting on behalf of, the purchaser. By utilizing this service from Wine Stork, the purchaser is representing that the purchaser is acting in a fashion compliant with the purchaser’s local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that the purchaser has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again represents that the purchaser and intended recipient are both 21 years of age or older.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this WineStork.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Wine Stork. Wine Stork neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this WineStork.com Site by anyone other than authorized Wine Stork employees acting in their official capacities.
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, Wine Stork hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Wine Stork does not sponsor or endorse any of these companies or their services.
The WineStork.com Site may contain links to other web sites or resources. You acknowledge and agree that Wine Stork is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the WineStork.com Site does not imply that Wine Stork endorses the linked site.
10 DAY RETURN POLICY – UNUSED PRODUCTS ONLY AND CANCELLATIONS
Returns and cancellations are only accepted within 10 days of the date of purchase. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To return your wine, please contact us at support@WineStork.com. If the product is received by us in unused and undamaged condition and in its original packaging, we will refund your purchase.
DAMAGED IN SHIPMENT
If you receive your wine and it has been damaged during shipment, please email us at support@WineStork.com within 3 days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at support@WineStork.com.
The risk of loss and title for gift certificates pass to the purchaser upon our electronic transmission of the gift certificate to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any gift certificate is lost, stolen or destroyed or your WineStork.com Balance or any gift certificate is used without your permission.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PROTECTION OF CONTENT PROVIDED BY WINE STORK AND ITS LICENSORS
All text, prices, graphics, logos, icons, images, audio clips and software on the WineStork.com Site (“Site Content”) are copyrighted materials owned by or licensed to Wine Stork. The Site Content may contain trademarks, service marks and trade names which are owned by Wine Stork and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Wine Stork, its affiliates, or third parties. “WineStork.com” is a trademark of Wine Stork. Unless authorized in writing by an officer of Wine Stork, Wine Stork’s trademarks may not be used in connection with any product or service that is not Wine Stork’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wine Stork. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Wine Stork or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the WineStork.com Site. Nothing contained in the WineStork.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Wine Stork, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Wine Stork, its affiliates, or any third party, as applicable.
Wine Stork will give you any necessary notices by posting them on the WineStork.com Site. You authorize Wine Stork to send notices via electronic mail as well if Wine Stork decides, in its sole discretion, to do so. You agree to check the WineStork.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the WineStork.com Site.
DISCLAIMER OF WARRANTIES
ALTHOUGH WINE STORK ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WINESTORK.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WINESTORK.COM SITE. WINE STORK DOES NOT WARRANT THAT YOUR USE OF THE WINESTORK.COM SITE, OR THE OPERATION OR FUNCTION OF THE WINESTORK.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE WINESTORK.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. WINE STORK AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINESTORK.COM SITE. THE WINESTORK.COM SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WINE STORK OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WINESTORK.COM SITE, THE USE OR PERFORMANCE OF THE WINESTORK.COM SITE, THE DELAY OR INABILITY TO USE THE WINESTORK.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINESTORK.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WINESTORK.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINE STORK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WINESTORK.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WINESTORK.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS WINE STORK’S LIABILITY OR YOUR REMEDIES.
NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
Wine Stork shall have the right to refuse or cancel any orders placed for products or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Wine Stork shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Wine Stork shall immediately issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO PRICES OR BILLING TERMS
WINE STORK RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Wine Stork shall be excused from performance under this Terms of Service if Wine Stork is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state or political subdivision thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Wine Stork.
The following provisions shall survive any termination of these Terms of Service: No Warranty from Wine Stork, Limitation of Liability, Indemnity and General Provisions.
Any dispute or claim relating in any way to your use of any WineStork.com Service, or to any products or services sold or distributed by Wine Stork will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply 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 the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Wine Stork c/o Legal Department 3215 Williamsburg Road, Suite 100, Richmond, VA 23231. 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. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Wine Stork will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any WineStork.com Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Wine Stork.
If you have any questions about these Terms of Service, please contact us.
The Terms of Service were updated November 20, 2020.