Terms & Conditions

Customer/Member Relationship with VineDication, LLC

VineDication, LLC website is powered by SquareSpace. All wine is sold by VineDication, LLC. The member use of our services and this website (referred to collectively as the “Services”) is subject to the terms of this legal agreement between the member/user and VineDication, LLC. This document sets out the terms of that agreement.

VineDication, LLC may also be referred to as VineDication throughout this document, it does not refer to any other company and it to be treated as the official name. 

At a minimum the member’s/user’s agreement with VineDication, LLC will always include the terms and conditions set out in this document. These are referred to as the “Universal Terms.”

The member’s/user’s agreement with VineDication, LLC will also include the terms of any Legal Notices applicable to the Services. These are referred to as the “Additional Terms.” Where Additional Terms apply to a Service, these will be accessible for the member/user to read either within, or through the member’s/user’s use of, that Service.

The Universal Terms, together with the Additional Terms, form a legally binding agreement between the member/user and VineDication, LLC in relation to the member’s/user’s use of the Services. It is important that member/user take the time to read them carefully. This legal agreement is referred to as the “Terms”.

If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

Accepting the Terms

In order to use the Services, the member/user must first agree to the Terms, the member/user may not use the Services if member does not accept the Terms.

The member/user can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to the member/user by VineDication in the user interface for any Service; or (b) by actually using the Services. In this case, the member/user understands and agrees that VineDication will treat the member/user use of the Services as acceptance of the Terms from that point onward.

The member/user may not use the Services and may not accept the Terms if (a) the member/user is NOT at least 21 years of age, or (b) the member/user is a person barred from receiving the Services under the federal, state or local laws of the jurisdiction in which member is a resident or from which member uses the Services.

Before member continues, member should print off or save a local copy of the Universal Terms for the member records.

Transactions

If the member/user wishes to purchase any product or service made available through the Services (each such purchase, a “Transaction”) the member/user may be asked to supply certain information relevant to their Transaction, including without limitation, the members/users credit card number, the expiration date of the member/user credit card, the members/users billing address, and the members/users shipping information. THE MEMBER/USER REPRESENTS AND WARRANTS THAT THEY  HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, the member/user grants to VineDication the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by the member/user or on the members/users behalf. In connection with each Transaction, the member/user represents that the products will be used only in a lawful manner and resale of any product is strictly prohibited. Product availability varies by state as the law does not allow us to ship all products to all states. If the weather is too hot or too cold, we may also suggest delaying the members/users shipment until conditions are more favorable.

Return Policy

In the event that the member/user should have a broken bottle or damaged delivery issue, just email VineDication at VineDication@VineDication.com or call (703)884-8540 within 30 days of delivery. We will work with the member/user to resolve the problem to their complete satisfaction, which may include a refund.

WE WANT VINEDICATION MEMBERS/USER TO BE SATISIFIED WITH THEIR WINE PURCHASE. If the member is dissatisfied with any product that they receive from VineDication email us at VineDication@VineDication.com or call (703)884-8540 within 30 days of delivery. We will work with the member/user to resolve the problem to their complete satisfaction.

If a delivery is refused or returned to VineDication, a $35 restocking fee will be issued.

Provision of the Services by VineDication, LLC

VineDication has affiliated legal entities (“Affiliates”), sometimes, these Affiliates will provide the Services to the member/user on behalf of VineDication. The member/user acknowledges and agrees that Affiliates will be entitled to provide the Services to them.

VineDication is constantly innovating in order to provide the best possible experience for its members/users. The member/user acknowledges and agrees that the form and nature of the Services which VineDication provides may change from time to time without prior notice to the member/user.

As part of this continuing innovation, the member/user acknowledges and agrees that VineDication may stop (permanently or temporarily) providing the Services (or any features within the Services) to the member/user or to users generally at VineDication’s sole discretion, without prior notice to the member/user. The member/user may stop using the Services at any time in accordance with the section “Ending the Member/User Relationship with VineDication, LLC” outline below.

The member/user acknowledges and agrees that if VineDication disables access to their account, the member/user may be prevented from accessing the Services, their account details or any other content which is contained in their account.

Membership Eligibility; Use of the Services by Member/User

Membership is available to members/users who are 21 years and older, residents of the United States and who have not been suspended or removed by VineDication previously. The member/user agrees to use the Services for personal use and not for commercial purposes. Members/users may not have more than one active membership account. Members/users are prohibited from selling, trading or otherwise transferring a membership account to anyone else. VineDication is not liable for any damages or losses caused by someone using the member’s/user’s account without their permission. However, if VineDication suffers any damage due to the unauthorized use of the member’s/user’s account, the member/user may be liable. By using the Services, the member/user represent that they qualify to use the Services.

In order to access certain Services, the member/user may be required to provide information about themselves (such as identification or contact details) as part of the registration process for the Service, or as part of the member/user continued use of the Services. The member/user agrees that any registration information given to VineDication will always be accurate, correct and up to date.

The member/user agrees to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation.

The member/user agrees not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by VineDication, unless the member/user have been specifically authorized to do so in a separate written agreement with VineDication.

The member/user agrees that they will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless the member/user have been specifically permitted to do so in a separate written agreement with VineDication, the member/user agrees that they will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

The member/user agrees that they are solely responsible for (and that VineDication has no responsibility to the member/user or to any third party for) any breach of the member obligations under the Terms and for the consequences (including any loss or damage which VineDication may suffer) of any such breach.

Passwords and Account Security

The member/user agrees and understands that they are responsible for maintaining the confidentiality of passwords associated with any account member/user to access the Services.

Accordingly, the member/user agrees that they will be solely responsible to VineDication for all activities that occur under their account.

If the member/user becomes aware of any unauthorized use of heir password or of their account, the member/user agrees to notify VineDication immediately via email at VineDication@VineDication.com or call at (703)884-8540.

Privacy and the Member/User Personal Information

For information about VineDication’s data protection practices, please read the privacy policy at www.VineDication.com/privacy-policy. This policy explains how VineDication treats the members/users personal information and protects the member’s/user’s privacy, when they use the Services.

The member/user agrees to the use of their data in accordance with VineDication’s privacy policies.

Content in the Services

The member/user understands that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which they may have access to as part of, or through the member use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”

The member/user should be aware that all information which they have access to as part of, or through the members/users use of, the Services (“Content”) may be protected by intellectual property rights which are owned by VineDication or third parties who provide that Content to VineDication (or by other persons or companies on their behalf). The member/user may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless they have been specifically told that they may do so by VineDication, or by the owners of that Content, in a separate written agreement.

Proprietary Rights

The member/user acknowledges and agrees that VineDication (or VineDication’s licensors) own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever those rights may exist).

Unless the member/user has agreed otherwise in writing with VineDication, nothing in the Terms gives the member/user a right to use any of VineDication’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

If the member/user has been given an explicit right to use any of these brand features in a separate written agreement with VineDication, then the member/user agrees that their use of such features shall be in compliance with that agreement and any applicable provisions of the Terms as updated from time to time.

License from VineDication, LLC

VineDication gives each member/user a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to them by VineDication. This license is for the sole purpose of enabling the member/user to use and enjoy the benefits of the Services as provided by VineDication, in the manner permitted by the Terms.

Content License from Member/User

By submitting, posting or displaying any content on or through the Services, the member/user gives VineDication a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which the member/user may submit, post or display on or through, the Services. VineDication reserves the right at any time to remove any content generated, submitted, posted or displayed by the member/user on or through the Services.

The member/user confirms and warrants to VineDication that they have all the rights, power and authority necessary to grant the above license.

Ending the Member/User Relationship with VineDication, LLC

The Terms will continue to apply until terminated by either the member/user or VineDication as set out below.

If the member/user decides to terminate their legal agreement with VineDication, the member/user may do so by (a) notifying VineDication at any time via email VineDication@VineDication.com or call at (703)884-8540 (b) closing the member account for all of the Services, where VineDication has made this option available at www.VineDication.com/*****. Termination must be completed before 30 days of their next shipment, otherwise the member/user will be charged for that shipment and cancelation will be applied after such date.

VineDication may at any time terminate its legal agreement with the member/user for any reason, including without limitation, if: (a) the member/user has breached any provision of the Terms and Conditions (or have acted in a manner which clearly shows that the member/user does not intend to, or is unable to comply with the provisions of the Terms); or (b) VineDication is required to do so by law (for example, where the provision of the Services to the member/user is, or becomes, unlawful); or (c) the partner with whom VineDication offered the Services to the member/user has terminated its relationship with VineDication or ceased to offer the Services to the member/user; or (d) VineDication is transitioning to no longer providing the Services to the members/users in the jurisdiction in which they are residents or from which the member/user uses the Service; or (e) the provision of the Services to the member/user by VineDication is (in VineDication’s opinion) no longer commercially viable.

Nothing in this Section shall affect VineDication’s rights regarding provision of Services under these Terms.

When these Terms and Conditions come to an end, all of the legal rights, obligations and liabilities that the member/user and VineDication have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph below shall continue to apply to such rights, obligations and liabilities indefinitely.

EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT VINEDICATION’s WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THE MEMBERS/USERS JURISDICTION WILL APPLY TO THE MEMBER/USER AND VINEDICATION’s LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE MEMBER/USER EXPRESSLY UNDERSTAND AND AGREE THAT THEIR USE OF THE SERVICES IS AT THE MEMBERs/USERs SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

IN PARTICULAR, VINEDICATION, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE MEMBER/USER THAT: (A) THE MEMBER/USER USES OF THE SERVICES WILL MEET THE MEMBER/USER REQUIREMENTS, (B) THE MEMBER/USER USES OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES ARE OBTAINED AT THE MEMBERS/USERS OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THEIR USE OF THE SERVICES AND PRODUCTS.

Notwithstanding VineDication’s making any third party products available on its website through the Services, VineDication shall have no responsibility or liability to the member/user for such third party products and any claims or disputes by the member/user regarding these products shall be brought directly to and shall be the responsibility of that third party vendor.

VINEDICATION FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION ABOVE, MEMBER/USER EXPRESSLY UNDERSTAND AND AGREE THAT VINEDICATION, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO THE MEMBER/USER FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE MEMBER/USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE MEMBER/USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY THE MEMBER/USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE MEMBER/USER AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH VINEDICATION MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE MEMBER/USER FAILURE TO PROVIDE VINEDICATION WITH ACCURATE ACCOUNT INFORMATION; (IV) THE MEMBER/USER FAILURE TO KEEP THE MEMBERS/USERs PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; THE LIMITATIONS ON VINEDICATION LIABILITY SHALL APPLY WHETHER OR NOT VINEDICATION HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Copyright and Trademark Policies

It is VineDications policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

Advertisements

Some of the Services are supported by advertising revenue. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising by VineDication on the Services are subject to change without specific notice to the member/user.

In consideration for VineDication granting the member/user access to and use of the Services, they member/user must agree that VineDication may place such advertising on the Services.

Other Content

The Services may include hyperlinks to other web sites or content or resources. VineDication may have no control over any web sites or resources which are provided by companies or persons other than VineDication.

The member/user acknowledges and agrees that VineDication is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

The member/user acknowledges and agrees that VineDication is not liable for any loss or damage which may be incurred by the member/user as a result of the availability of those external sites or resources, or as a result of any reliance placed by the member/user on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

Changes to the Terms

VineDication may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, VineDication will make a new copy of the Universal Terms available at www.VineDication.com/terms-and-conditions and any new Additional Terms will be made available to member from within, or through, the affected Services.

The member/user understands and agrees that if they are to use the Services after the date on which the Universal Terms or Additional Terms have changed, VineDication will treat their use as acceptance of the updated Universal Terms or Additional Terms.

General Legal Terms

Sometimes when the member/user uses the Services, they may (as a result of, or through the member/user use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. The member/user use of these other services, software or goods may be subject to separate terms between the member/user and the company or person concerned. If so, the Terms do not affect the member/user legal relationship with these other companies or individuals.

The Terms constitute the whole legal agreement between the member/user and VineDication and govern the member use of the Services (but excluding any services which VineDication may provide to the member/user under a separate written agreement), and completely replace any prior agreements between the member/user and VineDication in relation to the Services.

The member/user agrees that VineDication may provide the member/user with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

The member/user agrees that if VineDication does not exercise or enforce any legal right or remedy which is contained in the Terms (or which VineDication has the benefit of under any applicable law), this will not be taken to be a formal waiver of VineDication’s rights and that those rights or remedies will still be available to VineDication.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The member/user acknowledges and agrees that each member of the group of companies of which VineDication is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

The Terms and the member/user relationship with VineDication under the Terms, shall be governed by the laws of the State of Virginia without regard to its conflict of law’s provisions. Any controversy or claim arising out of or relating to these Terms, the Services or the relationship between member and us shall be settled by binding arbitration administered by the American Arbitration Association using the AAA's Commercial Dispute Resolution Procedures and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be specific to member/user, and as such, the member/user agrees that they shall not bring or participate in any action against VineDication as part of a class action either in arbitration or in any court. In the event the foregoing is held to be unenforceable by any court, the member/user and VineDication agree to submit to the exclusive jurisdiction of the courts located within the State of Virginia to resolve any legal matter arising from the Terms. Notwithstanding this, the member/user agrees that VineDication shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Code of Conduct

At VineDication, we continually strive to offer our members/users a superior experience by producing exceptional wines and curating other small-production, hard-to-find products that our procurement teams discover from all over the world. We also do our best to offer a first-class experience for our members/users, and uphold the highest degree of professionalism. We, therefore, reserve the right to cancel and/or terminate any member’s/user’s account for any violation of the Terms & Conditions listed throughout the site. Any fraudulent behavior, creating of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on VineDication or any other website in regards to VineDication or while contacting any of our Support Team, will not be tolerated.