International Terms & Widerrufsbelehrung

TERMS OF SERVICE (International Terms & Conditions (Extra EU)) 

Welcome to the Internet site of vinum36.com. 

PLEASE NOTE THAT YOUR USE OF THE VINUM36.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 VINUM36.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE VINUM36.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 VINUM36.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE VINUM36.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE. 

USER OBLIGATIONS 

You agree not to do any of the following while using the Vinum36.com Site: 

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the Vinum36.com Site or Vinum36.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. 
  • You will not access the Vinum36.com Site with any manual or automated process for any purpose other than to purchase Vinum36.com products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the Vinum36.com Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes. 
  • Frame or link to the Vinum36.com Site except as permitted in writing by Vinum36.com. 

THE SALE OF ALCOHOLIC BEVERAGES 

Vinum36.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. Vinum36.com 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 Vinum36.com is over the age of 21. You also agree that any alcohol purchased from Vinum36.com 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 Vinum36.com will prosecute you fully to the extent allowable by law. 

TITLE AND OWNERSHIP 

Title to, and ownership of, all wine passes from Vinum36.com 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, Vinum36.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Vinum36.com, 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 Vinum36.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Vinum36.com. Vinum36.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Vinum36.com Site by anyone other than authorized Vinum36.com employees acting in their official capacities. 

PARENTAL CONTROL PROTECTIONS 

As required by the Communications Decency Act of 1996, Vinum36.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. Vinum36.com does not sponsor or endorse any of these companies or their services. 

LINKS 

The Vinum36.com Site may contain links to other web sites or resources. You acknowledge and agree that Vinum36.com 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 Vinum36.com Site does not imply that Vinum36.com endorses the linked site. 

RETURNS 

14 DAY RETURN POLICY – UNUSED PRODUCTS ONLY AND CANCELLATIONS 

Returns and cancellations are only accepted within 14 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 customerservice(at)vinum36.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 customerservice(at)vinum36.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. 

 

REFUNDS 

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. 

EXCHANGES 

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 customerservice(at)vinum36.com . 

GIFT CERTIFICATES 

Gift certificates must be redeemed through the Vinum36.com Web site, https://www.vinum36.com , toward the purchase of products listed in Vinum36.com's online catalog/overview. Gift certificates cannot be used to purchase gift certificates or gift cards, such as Vinum36.com Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. The portion of your Vinum36.com Balance made up of Gift Certificates issued after October 1, 2005 does not expire and may be applied to your Vinum36.com account and applied to eligible purchases despite any stated expiration date. Expiration dates also do not apply for the portion of your Wine.com Balance made up of any Gift Certificates issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law. All other Gift Certificates issued prior to October 1, 2005 and the portion of your Vinum36.com Balance made up of those Gift Certificates expire in accordance with their stated terms. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the Wine.com Web site are subject to Vinum36.com's general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please visit the Vinum36.com online. Vinum36.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the Wine.com Web site or is redeemed and used to make purchases on the Vinum36.com Web site. Vinum36.com may provide gift certificate purchasers with information about the redemption status of gift certificates. 

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 Vinum36.com Balance or any Gift Certificate is used without your permission. 

Vinum36.COM, GIFT CERTIFICATES, INC. ("WCGC") 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. 

Vinum36.com gift certificates are issued and sold by Vinum36.com. By visiting Vinum36.com. Any dispute or claim relating in any way to Gift Certificates or your Vinum36.com Balance 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 U.S. Federal Arbitration Act and U.S. 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 these terms and conditions as a court would. 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Vinum36.com, Inc. c/o Legal Department 222 Sutter Street Suite 450 San Francisco CA 94108. 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, we will not to 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 at a mutually agreed location. 

We and you 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 and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any dispute relating in any way to Vinum36.com gift certificates shall be submitted to confidential arbitration except that, to the extent you have in any manner violated or threatened to violate Vinum36.com's intellectual property rights, Vinum36.com may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts. 

WCGC 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. 

Liability: YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless Vinum36.com. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. 

Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND Vinum36.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. 

Bulk Distribution (“Spam”): Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. Vinum36.com has no obligation to monitor the Program or any communications; however, Vinum36.com may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam. 

Sign-In Credentials: 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 Vinum36.com immediately if they suspect unauthorized access to their account. Users agree that Wine.com will not be liable for any loss or damage arising from unauthorized use of their credentials. 

Right to Cancel, Modify or Terminate: We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms. 

PROTECTION OF CONTENT PROVIDED BY Vinum36.COM AND ITS LICENSORS (if available by name see below) 

All text, prices, graphics, logos, icons, images, audio clips and software on the Vinum36.com Site ("Site Content") are copyrighted materials owned by or licensed to Vinum36.com. The Site Content may contain trademarks, service marks and trade names which are owned by Vinum36.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 Vinum36.com, its affiliates, or third parties. "Vinum36.com" is a trademark of Vinum36.com. Unless authorized in writing by an officer of Vinum36.com, Vinum36.com's trademarks may not be used in connection with any product or service that is not Vinum36.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vinum36.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 Vinum36.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 Vinum36.com Site. Nothing contained in the Vinum36.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 Vinum36.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 Vinum36.com, its affiliates, and/or any third party, as applicable. 

COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT 

Vinum36.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 Vinum36.com's Designated Agent the following information: 

Vinum36.com's Policy Concerning Claims of Infringement 

 

 

 

    Written Notice of Copyright Claims. 

Claims of infringement should be in writing and should be directed to Vinum36.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. 

NOTICES 

VINUM36.COM will give you any necessary notices by posting them on the Wine.com Site. You authorize Vinum36.COM to send notices via electronic mail as well if VINUM36.COM decides, in its sole discretion, to do so. You agree to check the Vinum36.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 Vinum36.com Site. 

DISCLAIMER OF WARRANTIES 

ALTHOUGH Vinum36.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WINE.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WINE.COM SITE. WINE.COM DOES NOT WARRANT THAT YOUR USE OF THE WINE.COM SITE, OR THE OPERATION OR FUNCTION OF THE WINE.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 Vinum36.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.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINE.COM SITE. THE WINE.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 VINUM36.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 VINUM36.COM SITE, THE USE OR PERFORMANCE OF THE VINUM36.COM SITE, THE DELAY OR INABILITY TO USE THE VINUM36.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINE.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VINUM36.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VINUM36.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VINUM36.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VINUM36.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS WINE.COM'S LIABILITY OR YOUR REMEDIES. 

PRIVACY POLICY 

Your use of the VINUM36.com Site is governed by the VINUM36.com Privacy Policy. 

TERMINATION OF YOUR VINUM36.COM ACCOUNT 

Wine.com may terminate your VINUM36.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, VINUM36.com reserves the right to assess a maintenance fee of $1.00 per month. On the eleventh month of inactivity VINUM36.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 

VINUM36.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. VINUM36.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, Wine.com shall immediately issue a credit to your credit card account in the amount of the charge. 

MODIFICATIONS TO PRICES OR BILLING TERMS 

VINUM36.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. 

FORCE MAJEURE 

Wine.com shall be excused from performance under this Terms of Service if Wine.com 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 Vinum36.com. 

SURVIVAL 

The following provisions shall survive any termination of these Terms of Service: No Warranty from Vinum36.com, Limitation of Liability, Indemnity and General Provisions. 

GENERAL PROVISIONS 

You agree that VINUM36.com 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 Vinum36.com Site may not be legal by certain persons or in certain 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 Vinum36.com 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 Vinum36.com in writing. The Terms of Service, along with the Vinum36.com Privacy Policy, comprises the entire agreement between you and Vinum36.com 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 Vinum36.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Wine.com shall be null and void. These Terms of Service will inure to the benefit of Vinum36.com'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. 

DISPUTES 

Any dispute or claim relating in any way to your use of any Vinum36.com Service, or to any products or services sold or distributed by Wine.com 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 Vinum36.com c/o…Adress. 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, VINUM36.com 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 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. 

APPLICABLE LAW 

By using any Vinum36.com 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 Wine.com. 

If you have any questions about these Terms of Service, please contact us. 

The Terms of Service were updated September 24, 2020. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PRIVACY POLICY 

This privacy policy applies to www.vinum36.com owned and operated by Vinum36.com, LLC (collectively, “We”, “Us”, “Our” or “Vinum36.com”). This Privacy Policy describes how Vinum36.com collects, uses, shares and secures the personal information you provide. It also describes your choices regarding use, access and correction of your personal information. 

Wine.com has agreed to notify users of: 

  1. What personally identifiable information Vinum36.com collects.
  2. What personally identifiable information third parties collect through the Web site.
  3. What organization collects the information.
  4. How Vinum36.com uses the information.
  5. With whom Vinum36.com may share user information.
  6. What choices are available to users regarding collection, use and distribution of the information.
  7. What measures Vinum36.com takes to protect the information under its control.
  8. How users can correct any inaccuracies in the information.



If you feel that our company is not abiding by its posted privacy policy, please contact the Vinum36.com customer service officer www.customerservice(at)vinum36.com. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request

 

INFORMATION COLLECTION AND USE 

Vinum36.com is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in any way that varies from what is disclosed in this statement. Vinum36.com collects information from our users at several different areas on our site. 

You may receive information regarding new features, services and special offers we think you'll find valuable. We may also share information with carefully selected business partners. These businesses may use the information we share to provide valuable opportunities and offers. If you'd like to opt out of future mailings from Vinum36.com, LLC, follow the procedure outlined in the Choice/Opt-out section below. When we present you with the opportunity to receive marketing opportunities from our business partners we will not automatically subscribe you for these promotions, rather we will provide you with the opportunity to opt-in to these third party marketing programs. 

Upon request, Vinum36.com will provide you with information about whether we hold any of your personal information. You may also access the personally identifiable information you have submitted to Vinum36.com by selecting “Your Account” and editing the information as it exists in our system currently. You are also able to access your information in order to update or delete it by sending us an email at customerservice(at)vinum36.com. We will respond to your request within a reasonable time frame. For users of the Community section of Vinum36.com, please see "Writing Reviews/Community" section below. 

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

REGISTRATION 

No registration is required in order to use this website, though a user must create an account prior to completing any purchase. Users are required to provide their name, date of birth, email address, zip code, and a password of 6-16 characters in length. This information is necessary in order for us to contact users about services on our site for which they have expressed interest. It is optional for the user to provide a phone number, but we encourage you to do so in order to have an alternate means of contact regarding an order. 

TELL A FRIEND (IF Available and defined) 

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Wine.com does not store this information. Your friend may contact us at customerservice(at)vinum36.com to request that we remove this information from our database. 

WRITING REVIEWS/COMMUNITY 

If you choose to Write a Review or post a profile on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. To request removal of your personally identifiable information from our blog or community forum, contact us at customerservice(at)vinum36.com. In some cases, we may not be able to remove your personally identifiable information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third party application to post such information, you can remove it, by either logging into the said application and removing the information or by contacting the appropriate third party application. Members may create a Community profile which allows you to create, publish and share your wine reviews in a social setting. Here, members can post their photo and bios along with their reviews. Members may access their Community account to update or delete their personally identifiable and change their privacy settings. To do this simply log into the Community section and editing your profile. 

SHARING YOUR CONTENT AND INFORMATION FROM THE VINUM36.COM MOBILE APP (IF AVAILABLE and defined) 

You own all of the content and information you post on the Vinum36.com Mobile App. For content that is covered by intellectual property rights, like photos (IP content), you specifically give Vinum36.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Wine.com App (IP License). 

 

ORDERING 

Vinum36.com order forms request data from users including: Contact information such as name and shipping address; financial information such as credit card number, expiration date, billing address, and billing phone number. This information is used for billing purposes to verify that the customer is of legal age, and to fill customers' orders. If we encounter difficulty when processing an order, this contact information is used to contact the user. This information is harvested from a secure area and encrypted for our customers' protection. It is not sold or shared with anyone else under any circumstances. 

GIFT RECIPIENTS 

We collect contact information, such as name, shipping address and phone number, for gift recipients to ensure correct gift delivery. We do not sell, share or rent any contact information for gift recipients with third parties. We do not sell or rent any personally identifiable information that you provide to us regarding gift recipients, but they may receive offers from us highlighting new features, new products and services and special offers we think they will find of interest. Also we may send marketing offers to gift recipients on behalf of ourselves and our business partners. In connection with such offers, we allow gift recipients to opt out of receiving future marketing-related mailings from us. Gift recipients may contact us at customerservice(at)vinum36.com to request that we remove their email from our database. 

TRACKING TECHNOLOGIES 

We Vinum36.com and our partners use cookies or similar technologies to analyze trends, administer the site, track users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. 

We use cookies for our shopping cart, to remember users’ settings (e.g. language preference) and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited. 

BEHAVIORAL ADVERTISING 

We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads. 

LOG FILES 

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. 

We do not link this automatically collected data to other information we collect about you. Or We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality. 

SHARING 

We will not sell, share, or rent this information to others in any way that varies from what is disclosed in this statement. 

Wine.com will share aggregated demographic information with its partners and advertisers. This is not linked to any personally identifiable that can identify any individual person. 

We may also share your physical address with carefully selected business partners. These businesses may use the information we share to mail you valuable opportunities and offers. You can opt out of future postal mailings from our business partners by sending an email to customerservice(at)vinum36.com

We may share your information with third parties who provide services on our behalf to help with our business activities. These companies are authorized to use your personal information only as necessary to provide these services to us. We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. 

We value your privacy at Vinum36.com, and will never release any account information to anyone outside of the necessary core groups that help our business function unless our customers give us the authority to do so. 

LEGAL DISCLAIMER 

We reserve the right to disclose your personally identifiable information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial or bankruptcy proceeding, court order, or legal process served on our Web site. When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request and to any other third party with your prior consent to do so. 

LINKS 

This web site contains links to other sites. Please be aware that Wine.com is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site. 

SOCIAL MEDIA WIDGETS 

Our Web site includes Social Media Features, such as the Facebook Like button [and Widgets, such as the Share this button or interactive mini-programs that run on our site]. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it. 

SINGLE SIGN ON 

You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personally identifiable information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network. 

PUBLIC PROFILE 

The profile you create on our site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal. 

EMAILS 

If a user wishes to subscribe to our emails we ask for contact information such as name and email address. We may use your personally identifiable for purposes other than sending you promotional materials. For example, we may use your information to complete transactions requested by you, or to send you administrative communications about any account you may have with us or about future changes to this Privacy Policy. You may also unsubscribe from promotional Emails by emailing us at customerservice(at)vinum36.com . 

SURVEYS & CONTESTS 

Our site requests information from users via surveys and contests. Participation in surveys and contests is voluntary and the user can choose to disclose information or not. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code and age level). Contact information will be used to notify the winners and award prizes. This information may be used for marketing opportunities by Vinum36.com if authorized by the registrant, and will also be used for purposes of monitoring or improving the use and satisfaction of this site. 

SECURITY 

When our order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted with the best encryption software in the industry - SSL (Secure Socket Layers) provided by VeriSign, the premier encryption Software Company available today. On a secure page such as our order form, the lock icon on the bottom of Web browsers' switches to locked, as opposed to unlocked mode, and back to open mode when you are just browsing. 

We also do everything in our power to protect user data offline. All sensitive information is restricted in our offices. Only employees who need the information to perform a specific job (for example, a Customer Care representative) are granted access to personally identifiable information, and are required to lock their station when they leave their station. 

All employees are kept up to date on our security and privacy practices. Every quarter and whenever new policies are implemented, our employees are reminded about the importance of keeping customer data secure and safe at all times. The servers with personally identifiable information are stored in a locked and secure environment. 

If you have any questions about the security at our website, you can send an email to: customerservice(at)vinum36.com 

CHANGES IN THIS PRIVACY STATEMENT 

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. 

DISCLOSURE REQUESTS OR DELETION REQUESTS 

You have the right to request the disclosure and/or deletion of your collected personal information. Such requests will be fulfilled upon the receipt of a verified request. A verified request will ask the customer to provide information required to verify their identity including, but not limited to any three of the following: Name, Address, Previous Purchase, Email Address, or Payment Method. 

As California residents, you have the right to request the disclosure of the following: 

  1. The categories of personal information collected;
  2. The sources of the personal information;
  3. The business or commercial purpose of collecting;
  4. The categories of third parties with whom Wine.com shares personal information;
  5. The specific personal information that was collected about you;
  6. What categories of personal information that was sold (if any) and the category of third party that it was sold to;
  7. What category of personal information was disclosed for a business purpose.

Per the CCPA, at no point can we disclose your financial information or account password, even upon a verified disclosure request.. We do not possess the personal information of minors. 

If you cannot be verified, we can either treat your request as a request to Opt-out, or we can contact you for more information to verify your identity. You should expect a confirmation email that your information has been deleted or disclosure of information within 45 days. Deletion includes permanent deletion, de-identification, or aggregation of the information. Any information stored on a back-up system or archive can be deleted whenever the system is next used. 

Once the verifiable request is received, the consumer’s personal information will be deleted from the business records and we will direct our service providers to do the same from their records if applicable. Limitations and exceptions apply: 

We may rightfully retain your personal information if it is collected: 

  1. To complete transactions for goods or services, perform contracts, or for anticipated ongoing relationships;
  2. For the detection of protection from illegal activity or to assist prosecution;
  3. To identify or repair errors;
  4. For free speech or other rights provided by law;
  5. For compliance with California Electronics Communications Privacy Act;
  6. For compliance with the California Consumer Privacy Act; 
  7. For the engagement in statistical research in the public interest with consumer informed consent;
  8. For internal uses based on consumer’s relationship with the business;
  9. For legal obligation compliance;
  10. For otherwise internal uses in a legal matter in context with the reason that consumer provided the information.

MAKING A DISCLOSURE REQUEST OR DELETION REQUEST 

Such requests will be met upon the receipt of a verifiable request. To make such a request, please call our customer service (Phoneno…..), send an e-mail to customerservice(at)vinum36.com with “Request for Disclosure” or “Request for Deletion” in the subject line, or write us at: 

Adress…… 

Each consumer may make two such requests free of charge per 12-month period starting at first request date, fees may apply if requests exceeds the allowed number. 

OPT-OUT REQUESTS 

You also have the right to Opt-Out of the selling, sharing, or renting of your personal information. Selling personal information is defined as sharing information for any valuable consideration. Opt-out requests will be completed upon the receipt of your Opt-Out request. There is no verification needed for requests to Opt-out of the sale of personal information. 

To submit an Opt-Out request, you may do so through the hyper link at the bottom of our Homepage entitled “Do Not Sell My Personal Information” or send email to customerservice(at)vinum36.com. There, you can also view a list of our partners and reasons why your information has been “shared.” Please note that no account is required in order to Opt-Out or to make a disclosure/deletion request. You can also send an e-mail to customerservice(at)vinum36.com with “Opt-Out Request” in the subject line, call us at Phoneno…., or write us at: 

Adress…..
 

INFORMATION WE POSSESS 

Most of the personal information that Wine.com possesses is information provided to Vinum36.com by its customers. Information is gathered when an account is created for the purpose of completing a transaction. This information includes: Name, Address, Email, Phone Number, Credit/Debit card information, Order History, Username, and Password. Vinum36.com also uses cookies, geolocation, and may use targeted advertising and track IP addresses. We “share” information as defined by the CCPA with our analytics and advertising partners, as well as partners that help our website function. We use your information to complete your transactions, as well as for marketing, customer support, legal obligations, or other business purposes. 

AUTHORIZED AGENTS 

Requests can be made on your behalf by an authorized agent, however, verification of your identity will be needed in these cases. This verification process may include a handwritten statement authorizing your agent to act on your behalf in addition to the standard verification process. 

RIGHT TO NON-DISCRIMINATION 

There will be no price increases, or any other action taken against a customer for exercising their above rights as allowed by the CCPA. 

Records indicating compliance with the CCPA, and any action taken to requests are kept for two years. 

The Privacy Notice posted on this site was updated on September 24, 2020. 

Print or save a copy of the Privacy Policy 

 

DO NOT SELL MY PERSONAL INFORMATION 

Opt out of data being shared with 3rd Party Partners 

  • Strictly Necessary Data Sharing
  • Share my Data with all Third Party Partners

  • Share with Analytics 3rd Party Partners
  • Share with Advertising 3rd Party Partners

Opt-out requests are browser-specific, and therefore must be completed for each browser that you use. If you reset your browser settings this request must be performed again. If visiting the site after two or more years of inactivity, your request will have to be completed again. 

Save 

3RD PARTY PARTNERS 

Strictly Necessary Shared Data 

We recognize that everyone has different tastes in wine. These partners help us identify and remember you when you visit Wine.com so that our site and email communications are relevant to you. 


 | Partner | Personally Identifiable Information | URL | Purpose
| Braze | AAID, birthdate, first name, IDFA, IP Address, last name, birthday, email address | https://www.braze.com | Communicating about your orders
| Jetlore | IP Address | https://www.jetlore.com | Showing you relevant wines
| LinkShare | IP Address | https://rakutenmarketing.com/ | Knowing how you found us
| Optimizely | IP Address | https://www.optimizely.com/ | Experimentation & personalizing the site to you
| Rich Relevance | IP Address | http://richrelevance.com | Showing you relevant wines
| Tealium | IP Address | https://tealium.com | Tag managment platform
| Zendesk | Email, First Name, IP Address, Last Name | https://www.zendesk.com/ | Facilitating better and faster customer service

3rd Party Analytics Partners 

We’re always trying to improve our service and your experience. These partners help us analyze how we’re doing and identify problems in your experience. 


 | Partner | Personally Identifiable Information | URL | Purpose
| Adobe | IP Address | https://adobe.com | Website analytics
| Bizrate Insights | IP Address | https://bizrateinsights.com | Customer feedback
| Google Universal Analytics | IP Address | https://analytics.google.com/analytics/web/provision/#/provision | Website analytics

Advertising 

We have a commitment to our advertising partners to compensate them for sales they help generate, and these partners help us do that. As a reminder, we don’t share any personally identifiable information with any of them. 


 | Partner | Personally Identifiable Information | URL | Purpose
| Amobee | IP Address | https://www.amobee.com/trust/privacy-guidelines/ | Tracking advertiser attribution
| AppsFlyer | IP Address | https://www.appsflyer.com/ | Tracking advertiser attribution
| Bing Ads UET | IP Address | https://about.ads.microsoft.com/en-us/h/a/microsoft-advertising | Tracking advertiser attribution
| Branch.io | AAID, IDFA, IP Address | https://branch.io | Tracking advertiser attribution
| Connexity | IP Address | https://connexity.com/ | Tracking advertiser attribution
| Extole | Email Address, First Name, IP Address | https://www.extole.com/privacy-policy/ | Tracking advertiser attribution
| Facebook | IP Address | https://www.facebook.com/business | Tracking advertiser attribution
| Floodlight (Google, formerly DoubleClick) | IP Address | https://support.google.com/searchads/answer/7298761?hl=en | Tracking advertiser attribution
| Google Ads Conversion Tracking & Remarketing | IP Address | https://support.google.com/google-ads/answer/6095821?hl=en | Tracking advertiser attribution
| Live Connect | IP Address | https://support.liveintent.com/hc/en-us/articles/360037021592-LiveIntent-and-the-California-Consumer-Privacy-Act-CCPA- | Tracking advertiser attribution
| Pinterest | IP Address | https://help.pinterest.com/en/business/article/track-conversions-with-pinterest-tag | Tracking advertiser attribution
| Causal IQ | IP Address | https://causaliq.com/ | Tracking advertiser attribution
| Verizon | IP Address | https://www.verizon.com/privacy/your-data | Tracking advertiser attribution
| Zulily | IP Address | https://www.zulily.com/privacy-policy | Tracking advertiser attribution

For further information, please see our Privacy Policy

For disclosure or deletion requests, please send an e-mail to privacy@wine.com with “Request for Disclosure” or “Request for Deletion” in the subject line.