Terms and Conditions

Terms & Conditions

Last updated July 25th, 2016.

General

The following terms and conditions (“Terms”) constitute a binding agreement between you and V is for Vino, its affiliates, and its and their parent and subsidiary companies (collectively, “V IS FOR VINO LLC,” “we,” or “us”) with respect to your use of this website and any other V IS FOR VINO LLC owned websites, micro-sites, and social media pages and accounts (collectively, “V IS FOR VINO LLC Sites”), all V IS FOR VINO LLC-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the V IS FOR VINO LLC 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 V IS FOR VINO LLC Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain V IS FOR VINO LLC Services, specific areas of certain V IS FOR VINO LLC Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain V IS FOR VINO LLC 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 polices, terms, and conditions applicable to those specific areas of the V IS FOR VINO LLC Sites or Applications will be controlling with respect to those particular areas. V IS FOR VINO LLC reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on V IS FOR VINO LLC Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on V IS FOR VINO LLC Sites, Applications or any other website in regards to V IS FOR VINO LLC, or while contacting any of our Member Services team, will not be tolerated.

 

Wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult present to sign for all V IS FOR VINO LLC shipments. A valid government-issued ID may be required upon delivery.

 

Privacy

Your use of the V IS FOR VINO LLC Sites, Applications and Services is subject to our Privacy Notice located at www.visforvino.com/about/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by V IS FOR VINO LLC.

 

V is for Vino Membership

Membership Program. You must be a V is for Vino member in order to place an order through V is for Vino Sites, Applications or Services. You may become a V is for Vino member by providing the requested registration information and submitting it to V is for Vino through the V is for Vino Sites or Applications. By becoming a member and placing an order, you agree to receive a shipment of at least 2 bottles of wine from V is for Vino once a month until you cancel your membership. You may suspend or cancel your membership any time. A flat shipping charge of $15 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 V is for Vino to charge your credit card (including shipping and any applicable tax) for each monthly V is for Vino wine shipment. Please notify us at least 2 days 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 V is for Vino Membership at any time by calling V IS FOR VINO LLC Member Services at support@visforvino.com. V IS FOR VINO LLC may terminate your membership and refuse any and all current or future use of V is for Vino Membership or other services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that V IS FOR VINO LLC 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 V IS FOR VINO LLC determines, in its sole discretion, that you are using your V is for Vino Membership in a manner not permitted by these Terms, or (4) in other circumstances, as V IS FOR VINO LLC deems appropriate in its sole discretion.

 

Member Registration. If you register to become a V is for Vino member, you agree to complete the initial registration process according to the requirements stated on the applicable V is for Vino 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 V is for Vino 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 V is for Vino that your use of a payment card in connection with any purchase you make on the V is for Vino Site or Application is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify V is for Vino if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.

 

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 V is for Vino to charge such amount to your payment card at that time.

 

V IS FOR VINO LLC’s Commitment to Quality

If you are dissatisfied with your V IS FOR VINO LLC purchase for any reason, please contact V IS FOR VINO LLC Member Services at support@visforvino.com. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to V IS FOR VINO LLC. Subject to the conditions set forth here, V IS FOR VINO LLC will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, either by crediting the payment card account used to pay for the product or providing you with an account credit, at your option.

 

V IS FOR VINO LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A V IS FOR VINO LLC SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.

 

V is for Vino Referral Credit Program

V is for Vino may offer members the ability to earn credits or discounts (“Referral Credits”) toward future purchases from V is for Vino when they invite friends to become members of V is for Vino and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized V is for Vino invitation channel (e.g. an invitation sent through V is for Vino ‘s website, Facebook or another social media channel supported by V is for Vino ). You may only earn Referral Credits via V is for Vino ’s authorized member invite mechanisms. Referrals outside of V is for Vino 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 six (6) months after issuance. 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 V is for Vino will have no liability to you for your friend’s failure to follow directions.

 

Registering multiple V is for Vino accounts is a violation of these Terms and sending invites to alternate email addresses or accounts or otherwise attempting to circumvent V is for Vino ‘s referral credit program system may, without limiting any other V IS FOR VINO LLC rights or remedies, result in forfeiture of your V IS FOR VINO LLC membership and all Referral Credits in your account. V IS FOR VINO LLC 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 V IS FOR VINO LLC. 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 V IS FOR VINO LLC, and you may not use any trademarks of V IS FOR VINO LLC without obtaining written permission from V IS FOR VINO LLC.

 

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 are not awarded for V IS FOR VINO LLC Gift Card purchases. Referral Credits earned via V is for Vino may only be used on the V is for Vino or V IS FOR VINO LLC Gifts Sites and may not be used toward the purchase of a Gift Card or on any other website affiliated with V IS FOR VINO LLC.

 

The Referral Credit Program is void where prohibited by law. V IS FOR VINO LLC reserves the right to modify or terminate the Referral Credit Program at any time, although Referral Credits accrued shall be valid for six (6) 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. V IS FOR VINO LLC will have no liability for any errors displayed in your account.

 

V IS FOR VINO LLC Gifts Cards

Purchase. E-Gift Cards and Physical Gift Cards (collectively “Gift Cards”) may be purchased at www.visforvino.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 V IS FOR VINO LLC product purchase. The purchase of a Gift Card is non-refundable or cancellable. Account credits may not be used to purchase Gift Cards.

 

Use. In order to redeem a Gift Card, the recipient must be a member of V is for Vino and 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.visforvino.com. Purchases are deducted from the Gift Card balance. Any unused Gift Card balance will be placed in the recipient’s V IS FOR VINO LLC 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 “My Account” on www.visforvino.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 V is for Vino and the recipient then becomes a member of V is for Vino , 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 on V is for Vino and V IS FOR VINO LLC Gifts Sites, 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; (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 V IS FOR VINO LLC 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, V IS FOR VINO LLC (in its sole discretion) may issue a replacement for the balance shown on its records. V IS FOR VINO LLC is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.

 

V is for Vino Restocking Fee

Orders returned to V is for Vino may be subject to a reasonable restocking fee. V is for Vino reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.

 

Your Account

All alcohol listings are intended for individuals who are 21 years of age or older. V IS FOR VINO LLC 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 V IS FOR VINO LLC sites and purchase alcohol through V IS FOR VINO LLC Services.

 

Disclaimer of Warranties

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

 

Limitation of Liability

IN NO EVENT WILL V IS FOR VINO LLC, 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 V IS FOR VINO LLC SITES AND APPLICATIONS OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND V IS FOR VINO LLC’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

 

Indemnification

You agree to defend, indemnify and hold harmless V IS FOR VINO LLC 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 V IS FOR VINO LLC Sites, Applications or Services.

 

Trademarks

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

 

Copyright

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

 

Submitted Materials and Ideas

While we appreciate your interest in V IS FOR VINO LLC and our business, V IS FOR VINO LLC 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 V IS FOR VINO LLC 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 V IS FOR VINO LLC Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

 

Links to Third-Party Websites

V IS FOR VINO LLC Sites or Applications may contain links to third-party websites. These links are provided for your convenience only. V IS FOR VINO LLC 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 V IS FOR VINO LLC Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

 

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND V IS FOR VINO LLC MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

 

Agreement to Arbitrate

 

You and V IS FOR VINO LLC 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 V IS FOR VINO LLC Terms, your use of V IS FOR VINO LLC Sites, Applications or Services, or to any products sold or distributed by V IS FOR VINO LLC or through V IS FOR VINO LLC Sites, Applications or Services will be resolved by binding arbitration, rather than in court,except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

 

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

 

If for any reason a claim proceeds in court rather than in arbitration both you and V IS FOR VINO LLC each waive any right to a jury trial.You and V IS FOR VINO LLC 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 V IS FOR VINO LLC Sites, Applications or Services, or any products sold or distributed by V IS FOR VINO LLC or through V IS FOR VINO LLC 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 V IS FOR VINO LLC Sites, Applications or Services, or any products sold or distributed by V IS FOR VINO LLC or through V IS FOR VINO LLC Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. 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 V IS FOR VINO LLC shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of V IS FOR VINO LLC 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 V IS FOR VINO LLC Services are presented solely for the purpose of promoting products and services available in the United States. V IS FOR VINO LLC makes no representation that the V IS FOR VINO LLC Services are appropriate or available for use in other locations. If you access V IS FOR VINO LLC Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

 

Entire Agreement

These Terms and our Privacy Notice constitute the sole and entire agreement between you and V IS FOR VINO LLC with respect to the V IS FOR VINO LLC Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

 

Modifications

V IS FOR VINO LLC reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the V is for Vino Referral Program, at any time. If V IS FOR VINO LLC 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.visforvino.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 V IS FOR VINO LLC Member Services at support@visforvino.com. If you choose to continue using the V IS FOR VINO LLC Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.

 

The date these Terms were last updated is set forth at the top of this page.

 

Contact Information

If you have questions or comments about these Terms or the V IS FOR VINO LLC Sites, Applications or Services, please write, or email us via the contact information below:

 

V IS FOR VINO LLC
917 Lincoln Blvd. Unit 4

Santa Monica CA 90403
support@visforvino.com