TERMS OF SERVICE
Welcome to the Internet site of Old Vine Wine Online, oldvinewineomaha.com
PLEASE NOTE THAT YOUR USE OF THE OLDVINEWINEOMAHA.COM 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 OLDVINEWINEOMAHA.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE OLDVINEWINEOMAHA.COM 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 OLDVINEWINEOMAHA.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE OLDVINEWINEOMAHA.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
You agree not to do any of the following while using the oldvinewineomaha.com site:
- Intentionally or unintentionally violate any applicable law or regulation.
- Access, tamper with, or use nonpublic areas of the oldvinewineomaha.com site or Old Vine Wine Online’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
- You will not access the oldvinewineomaha.com site with any manual or automated process for any purpose other than to purchase oldvinewineomaha.com products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the oldvinewineomaha.com Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
- Frame or link to the Oldvinewineomaha.com Site except as permitted in writing by Old Vine Wine Online.
THE SALE OF ALCOHOLIC BEVERAGES
Oldvinewineomaha.com 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. Old Vine Wine Online 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 Old Vine Wine Online is over the age of 21. You also agree that any alcohol purchased from Old Vine Wine Online 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 Old Vine Wine Online will prosecute you fully to the extent allowable by law.
TITLE AND OWNERSHIP
Title to, and ownership of, all wine passes from Old Vine Wine Online 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 his/her home state. By arranging for transportation of the wine, Old Vine Wine Online is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Old Vine Wine Online, 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.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Oldvinewineomaha.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Old Vine Wine Online. Old Vine Wine Online neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Oldvinewineomaha.com Site by anyone other than authorized Old Vine Wine Online employees acting in their official capacities.
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, Oldvinewineomaha.com 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. oldvinewineomaha.com does not sponsor or endorse any of these companies or their services.
The Oldvinewineomaha.com Site may contain links to other web sites or resources. You acknowledge and agree that Old Vine Wine Online 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 Oldvinewineomaha.com Site does not imply that Old Vine Wine Online endorses the linked site.
RETURNS TO OLD VINE WINE ONLINE
7 DAY RETURN POLICY – UNUSED PRODUCTS ONLY AND CANCELLATIONS
Returns and cancellations are only accepted within 7 days of the date of delivery. 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. ALL RETURNS AND PICK UP ORDERS THAT ARE NOT PICKED UP WITHIN 5 BUSINESS DAYS WILL INCUR A $15 RESTOCKING FEE.
For returns, please contact us at email@example.com. If the product is returned within 7 days of delivery in unused and undamaged condition and in its original packaging, we will refund your purchase. Returns must be made in person at our fulfillment center location at 17526 C Storage Road, Omaha, NE 68116.
DAMAGED IN SHIPMENT
If you receive your wine and it has been damaged during shipment, please email us at firstname.lastname@example.org 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, within a certain amount of days.
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 email@example.com.
The risk of loss and title for Gift Certificate 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 Oldvinewineomaha.com Balance or any Gift Certificate is used without your permission.
OLDVINEWINEOMAHA.COM AND ITS AFFILIATES 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.
Oldvinewineomaha.com gift certificates are issued and sold by Oldvinewineomaha.com. By visiting Oldvinewineomaha.com, you agree that the laws of the state of Nebraska, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions.
Old Vine Wine Online reserves the right to change and update these terms and conditions from time to time in its discretion, and your continued use of this website represents acceptance of the revised terms and conditions.
All terms and conditions are applicable to the extent permitted by law.
Old Vine Wine Online Subscription Service (also referred to as Wine Club) And Annual Free Shipping Subscription
Welcome to the terms and conditions (“Terms”) for Subscription Service.
Enrollment: You may enroll in a membership through the wine membership page or by adding an annual shipping membership to your shopping cart. Wine club monthly memberships started by the 5th of each month will receive their first shipment the second full week of that same month on their chosen delivery day. After the 5th of each month, members will receive their first shipment the second full week of the following month on their chosen delivery day. For quarterly memberships, members who join by the 5th of a delivery month (January, April, July, September) will receive their first shipment that same month. If joining within a quarter the first shipment will arrive on the chosen delivery day during the second full week of the month following activation.
Termination by Old Vine Wine Online: Old Vine Wine Online may terminate your membership at its discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that Old Vine Wine Online determines, in its discretion, violates these Terms or any applicable law, involves fraud or misuse of this membership program, or is harmful to our interests or another user. Old Vine Wine Online’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
Program Benefits: Shipping and Wine Club subscription members are entitled to free standard shipping on all eligible purchases.
Eligible Purchases: This program is limited to products sold by Old Vine Wine Online on www.oldvinewineomaha.com that are delivered within our designated shipping area. We may exclude products in our discretion.
Conditions: You must have an Old Vine Wine Online account to register for and use our Subscription Service. We reserve the right to accept or refuse membership in our discretion. You may not transfer or assign your membership or these benefits. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Subscription Service eligibility. Please note:
- we ship the products by ground
- our carriers usually do not pick-up or deliver packages on holidays
- Subscription Service cannot be given as a gift because it is tied to the account of the person purchasing it. Instead, we recommend a gift certificate.
- We may exclude products with special shipping characteristics at our discretion.
- We reserve the right to accept or refuse membership in our discretion.
- You may not transfer or assign your Subscription Service membership or any Subscription Service benefits, including promotion codes for Subscription Service Memberships or Benefits, except as allowed in these terms.
- Your Old Vine Wine Online Subscription Service membership does not apply to orders placed at Old Vine Wine & Spirits retail store location.
- Subscription Service members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Subscription Service benefits.
- From time to time, Old Vine Wine Online may choose in its sole discretion to add or remove Subscription Service membership benefits.
- Fees; Renewal: The annual wine club subscription fee is $50/month, $90/month, $150/month or $400 quarterly depending on the club you choose to enroll in. The annual renewal fee for annual free shipping is $99. These fees are non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both the membership fee and the reduced shipping charges for Subscription Service and you are responsible to pay all such taxes. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE ANNUAL MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU, AND TO CHARGE ANY CREDIT CARD THAT WE HAVE ON FILE FOR YOU ONE OR MORE TIMES, FOR FULL OR PARTIAL AMOUNTS, AS REASONABLY NECESSARY FOR US TO COLLECT THE PAYMENTS DUE FROM YOU.
Membership Cancellation: If you cancel your club membership or annual shipping membership before you have made any eligible purchases for the month, quarter, or renewal year we will refund your full membership fee. If you cancel your club membership after you have made an eligible purchase for the month or quarter, your membership will be discontinued before the next scheduled payment and you will no longer receive deliveries from our Subscription Service. You may cancel your annual free shipping service at any time. When you cancel your annual shipping membership we will refund a prorated amount for the remaining months left on the membership after the month in which the membership was cancelled for that renewal year.
Promotional Trial Memberships: We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships cannot be canceled, but trial members can at any time choose not to upgrade to regular annual membership at the end of the trial period.
PROTECTION OF CONTENT PROVIDED BY OLDVINEWINEOMAHA.COM AND ITS LICENSORS
All text, prices, graphics, logos, icons, images, audio clips and software on the Oldvinewineomaha.com Site (“Site Content”) are copyrighted materials owned by or licensed to Oldvinewineomaha.com. The Site Content may contain trademarks, service marks and trade names which are owned by Oldvinewineomaha.com 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 Oldvinewineomaha.com, its affiliates, or third parties. “Oldvinewineomaha.com” is a trademark of Oldvinewineomaha.com. Unless authorized in writing by an officer of Oldvinewineomaha.com, Oldvinewineomaha.com’s trademarks may not be used in connection with any product or service that is not Oldvinewineomaha.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Oldvinewineomaha.com. 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 Oldvinewineomaha.com 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 Oldvinewineomaha.com Site. Nothing contained in the Oldvinewineomaha.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 Oldvinewineomaha.com, 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 Oldvinewineomaha.com, its affiliates, and/or any third party, as applicable.
COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
Oldvinewineomaha.com 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 Oldvinewineomaha.com’s Designated Agent the following information:
Oldvinewineomaha.com’s Policy Concerning Claims of Infringement
Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to Oldvinewineomaha.com’s designated agent as specified below. Please include the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- 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;
- 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.
OLDVINEWINEOMAHA.COM will give you any necessary notices by posting them on the Oldvinewineomaha.com Site. You authorize OLDVINEWINEOMAHA.COM to send notices via electronic mail as well if OLDVINEWINEOMAHA.COM decides, in its sole discretion, to do so. You agree to check the Oldvinewineomaha.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 Oldvinewineomaha.com Site.
DISCLAIMER OF WARRANTIES
ALTHOUGH OLDVINEWINEOMAHA.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE OLDVINEWINEOMAHA.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE OLDVINEWINEOMAHA.COM SITE. OLDVINEWINEOMAHA.COM DOES NOT WARRANT THAT YOUR USE OF THE OLDVINEWINEOMAHA.COM SITE, OR THE OPERATION OR FUNCTION OF THE OLDVINEWINEOMAHA.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 OLDVINEWINEOMAHA.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. OLDVINEWINEOMAHA.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE OLDVINEWINEOMAHA.COM SITE. THE OLDVINEWINEOMAHA.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 OLDVINEWINEOMAHA.COM 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 OLDVINEWINEOMAHA.COM SITE, THE USE OR PERFORMANCE OF THE OLDVINEWINEOMAHA.COM SITE, THE DELAY OR INABILITY TO USE THE OLDVINEWINEOMAHA.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OLDVINEWINEOMAHA.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OLDVINEWINEOMAHA.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OLDVINEWINEOMAHA.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OLDVINEWINEOMAHA.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OLDVINEWINEOMAHA.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS OLDVINEWINEOMAHA.COM’S LIABILITY OR YOUR REMEDIES.
TERMINATION OF YOUR OLDVINEWINEOMAHA.COM ACCOUNT
Oldvinewineomaha.com may terminate your Oldvinewineomaha.com Account with or without cause at any time effective immediately. If we terminate your Account without cause, we will refund on a prorated basis any portion of your Membership fee that you prepaid in advance for the remaining portion of your then-current Membership term.
ACCOUNT MAINTENANCE FEE
For any account that has been inactive for twelve consecutive months, Oldvinewineomaha.com reserves the right to assess a maintenance fee of $1.00 per month. On the eleventh month of inactivity Oldvinewineomaha.com will notify account owners of their inactivity and the scheduled maintenance fee via email. An inactive account is any account in which the user has not logged in twelve consecutive months.
NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
Oldvinewineomaha.com 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. Oldvinewineomaha.com 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, Oldvinewineomaha.com shall immediately issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO PRICES OR BILLING TERMS
OLDVINEWINEOMAHA.COM 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.
Old Vine Wine Online shall be excused from performance under this Terms of Service if Old Vine Wine Online 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 Old Vine Wine Online.
The following provisions shall survive any termination of these Terms of Service: No Warranty from Old Vine Wine Online, Limitation of Liability, Indemnity and General Provisions.
Any dispute or claim relating in any way to your use of any Old Vine Wine Online Service, or to any products or services sold or distributed by Old Vine Wine Online 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 Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Old Vine Wine Online, 17526 Storage Road, Omaha NE 68136. 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. 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 and not in a class, consolidated or representative action. 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 Old Vine Wine Online 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 Old Vine Wine Online.
If you have any questions about these Terms of Service, please contact us.
The Terms of Service were updated March 23, 2020.