Terms of Service
PLEASE NOTE THAT YOUR USE OF THE VINO DIVINO SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS VINO DIVINO SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE VINO DIVINO SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY VINO DIVINO FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE VINO DIVINO SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
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USER OBLIGATIONS
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You agree not to do any of the following while using the Vino Divino Site:
· Intentionally or unintentionally violate any applicable law or regulation.
· Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
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TERMS AND CONDITIONS OF SALE
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Buyer Must be 21 to Purchase Alcohol
Vino Divino does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Vino Divino 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 Vino Divino is over the age of 21. You also agree that any alcohol purchased from Vino Divino 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 Vino Divino will prosecute you fully to the extent allowable by law.
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TITLE AND OWNERSHIP
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The purchaser assumes all responsibility for shipping the wine from California to his/her home state. By placing an order, buyer authorizes seller to act on buyer’s behalf to arrange for transportation of the buyer’s wine at the buyer’s direction. By arranging for transportation of the wine, Vino Divino is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Vino Divino, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she 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 authorizes that he/she is 21 years of age. Seller makes no representation as to the legal rights of anyone to ship or import any wines, alcoholic beverages or other goods into any state. The purchaser is solely responsible for the shipment of wine and other goods purchased and for determining the legality and the tax/duty consequences of having the wine and other goods shipped to the applicable destination. Alternatively, purchaser may choose to pick up the wine at seller’s location. All sales are final and Vino Divino will not accept exchanges or returns.
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SHIPPING CHARGES
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Unless otherwise agreed, the prices of our wines do not include charges for shipping and handling, the cost of which varies depending on what delivery options buyer selects and may include destination, number of bottles ordered and expedited shipping and insurance protections. The appropriate shipping charges will appear in the shopping cart during checkout. Please keep in mind that wine is a delicate commodity and it is not recommended to have wine shipped to destinations containing extreme climates. Vino Divino is not liable for any wine that has been damaged due to severe weather conditions.
It is the purchaser’s responsibility to provide a current, shippable, physical delivery address. In the event a shipment cannot be delivered due to an incorrect address provided by the purchaser, or after three delivery attempts by the carrier, seller reserves the right to charge purchaser the applicable carrier fee for rerouting to an alternative address or re-shipping to the same address. Seller is unable to assist in arranging for shipment to P.O. Boxes, military APOs/FPOs/DPOs/MPOs or international addresses.
If purchaser’s shipment is returned to our facility, we will not re-ship until the purchaser has provided additional shipment instruction such as an alternative deliverable address. A 15% restocking fee shall be charged to the purchaser’s credit card in the case that the wine is returned due to an inappropriate address provided by the purchaser.
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THIRD PARTY CONTENT AND MONITORING
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Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Vino Divino Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Vino Divino. Vino Divino neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Vino Divino Site by anyone other than authorized Vino Divino employees acting in their official capacities.
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PARENTAL CONTROL PROTECTIONS
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As required by the Communications Decency Act of 1996, Vino Divino 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. Vino Divino does not sponsor or endorse any of these companies or their services.
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LINKS
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The Vino Divino Site may contain links to other web sites or resources. You acknowledge and agree that Vino Divino 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 Vino Divino Site does not imply that Vino Divino endorses the linked site.
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PROTECTION OF CONTENT PROVIDED BY VINO DIVINO AND ITS LICENSORS
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All text, graphics, logos, icons, images, audio clips and software on the Vino Divino Site ("Site Content") are copyrighted materials owned by or licensed to Vino Divino. The Site Content may contain trademarks, service marks and trade names which are owned by Vino Divino 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 Vino Divino, its affiliates, or third parties. "Vino Divino" is a trademark of Vino Divino. Unless authorized in writing by an officer of Vino Divino, Vino Divino's trademarks may not be used in connection with any product or service that is not Vino Divino's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vino Divino. 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 Vino Divino 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 Vino Divino Site. Nothing contained in the Vino Divino 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 Vino Divino, 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 Vino Divino, its affiliates, and/or any third party, as applicable.
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COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
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Vino Divino respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Vino Divino's Designated Agent the following information:
1. Vino Divino's Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to Vino Divino's designated agent as specified below. Please include the following information:
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a. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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NOTICES
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Vino Divino will give you any necessary notices by posting them on the Vino Divino site. You authorize Vino Divino to send notices via electronic mail as well if Vino Divino decides, in its sole discretion, to do so. You agree to check the Vino Divino 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 Vino Divino Site.
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DISCLAIMER OF WARRANTIES
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ALTHOUGH VINO DIVINO ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE VINO DIVINO SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE VINO DIVINO SITE. VINO DIVINO DOES NOT WARRANT THAT YOUR USE OF THE VINO DIVINO SITE, OR THE OPERATION OR FUNCTION OF THE VINO DIVINO 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.
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YOUR USE OF THE VINO DIVINO 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. VINO DIVINO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE VINO DIVNINO SITE. THE VINO DIVINO 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.
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LIMITATION OF LIABILITY
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IN NO EVENT SHALL VINO DIVINO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 VINO DIVINO SITE, THE USE OR PERFORMANCE OF THE VINO DIVINO SITE, THE DELAY OR INABILITY TO USE THE VINO DIVINO SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VINO DIVINO SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VINO DIVINO SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VINO DIVINO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VINO DIVINO SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VINO DIVINO SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS VINO DIVINO'S LIABILITY OR YOUR REMEDIES.
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PRIVACY POLICY
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Your use of the Vino Divino Site is governed by the Privacy Policy.
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TERMINATION OF YOUR VINO DIVINO ACCOUNT
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Vino Divino may terminate your Vino Divino Account with or without cause at any time effective immediately.
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NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
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While Vino Divino makes reasonable efforts to ensure all information on the website is accurate, mistakes may happen. Vino Divino shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Vino Divino 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, Vino Divino shall immediately issue a credit to your credit card account in the amount of the charge.
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MODIFICATIONS TO PRICES OR BILLING TERMS
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VINO DIVINO 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.
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FORCE MAJEURE
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Vino Divino shall be excused from performance under this Terms of Service if Vino Divino 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 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 Vino Divino.
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SURVIVAL
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The following provisions shall survive any termination of these Terms of Service: No Warranty from Vino Divino, Limitation of Liability, Indemnity and General Provisions.
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GENERAL PROVISIONS
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You agree that Vino Divino and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Vino Divino Site may not be legal by certain persons or in certain states and/or countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Vino Divino to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Vino Divino in writing. The Terms of Service, along with the Privacy Policy, comprises the entire agreement between you and Vino Divino and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Vino Divino. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Vino Divino shall be null and void. These Terms of Service will inure to the benefit of Vino Divino's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
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APPLICABLE LAW
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By using any Vino Divino Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Vino Divino.
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CALIFORNIA PROPOSITION 65
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WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk and during pregnancy, can cause birth defects. For more information go to https://www.P65Warnings.ca.gov/alcohol.
WARNING: Many food and beverage cans have linings containing bisphenol A (BPA) a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages in these containers. For more information go to https://www.P65Warnings.ca.gov/alcohol.
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ACCESSIBILITY
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Vino Divino is committed to ensuring that persons with disabilities have access to our goods and services, including those offered through our website, www.vinodivino.com. As such, we strive to adhere to the Web Content Accessibility Guidelines 2.0 and 2.1 Levels A and AA, a set of guidelines developed by the World Wide Web Consortium and used to ensure that digital content is accessible to everyone.
If you have any questions about these Terms of Service, please contact us.