Returns & Refunds

At Brix and Stones, our top priority is getting you great wine. We want you to be happy with the wine you purchase from our marketplace, which is why we offer a 100% satisfaction guarantee. If you have an issue with your purchase then we want to hear from you! Email info@Brixandstones.com and we will go above and beyond to correct ensure you have a great experience with our marketplace.

What if my shipment is damaged?

We take great care to ensure that your product arrives undamaged, however If you believe that a bottle in your shipment has been damaged then please contact us immediately so we can rectify the problem.

If you believe your shipment is damaged to the point that it’s undrinkable, please contact info@Brixandstones.com immediately so that we can determine an appropriate solution. We may request that you return the damaged product to us (we’ll cover return shipping fees) or send us a selfie of you posing with the damaged bottle so that we determine how to avoid issues of a similar nature in the future. By law, we cannot accept returns of alcoholic beverages unless the products are corked or flawed.

Weather damage

We are unable to accept the return of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. Weather damage may include leakage and/or corks pushing. Please be sure to check the shipping destination weather conditions before placing your order.

Bottle Condition

Please note that we cannot guarantee the cosmetic condition of bottles, and are only able to issue replacement credits for wines that are undrinkable because of damage. Because of the nature of vintage wines (i.e. they could be decades old), it is not unusual for bottles to have a slightly imperfect label, cork, or bottle.

Signature Required for Delivery

State law requires a signature be obtained from an individual over the age of 21 for all wine shipments. Notes with a signature, left for the delivery companies, cannot be accepted as a replacement for an individual signing for the shipment. We recommend that orders be shipped to a business address for prompt delivery. We cannot guarantee the condition of any wine if delivery is not made on the first delivery attempt. Orders that are not delivered on the initial attempt may be held in a facility that is not temperature controlled.

What if I change my mind about my order?

All orders are final once placed. To provide you the quickest turnaround time on delivery, all sales are final. There are rare instances when an order may qualify for a refund, such as obvious customer error, or fraud, but it is at the sole discretion of our customer service to decide in these instances.

What if I don’t like the wine I ordered?

We are 100% committed to exceeding your expectations. If you are not satisfied with the wine you’ve received then contact customer service and let us know what you didn’t like and why. We may, at our discretion, issue you a promotional credit towards a new bottle. In these instances, credits issued will be based on the price paid for the wine, not the value of the upgrade.

How do I get a hold of Brix and Stones support?

Our customer service wants to hear from you if you are unsatisfied or have any feedback. Please do not hesitate to contact us–we want to make sure that you are happy!

You can email info@Brixandstones.com to chat with a customer support specialist during normal business hours.

Limitation of Liability

In any case, the maximum liability of Brix and Stones shall be no greater than the amount paid by the Customer.

Privacy Policy

This privacy policy (“Privacy Policy”) explains how Brix and Stones uses the information you provide to us which personally identifies you (“Personal Information”) as well as general, non-personal information that is automatically collected from our site (“Non-Personal Information”). Please read this Privacy Policy carefully. If you do not agree to our practices, please do not register, subscribe, create an account, or otherwise interact with Brix and Stones at www.brixandstones.com (the “Website”). By visiting the Website, you accept the practices described in this Privacy Policy.

Information Collection

Brix and Stones collects Personal Information to customize the content and/or layout of the Website for each member and to contact members regarding their accounts. If a member chooses to place an order through the Website, we collect additional information including, but not limited to, the member’s name, billing address, shipping address, date of birth, date of order, and product ordered (“Transaction Information”).

Brix and Stones also collects Non-Personal Information or general statistics about each user that visits the Website. Non-Personal Information is collected and recorded to understand statistics and usage of the Underground Cellar Website. Non-Personal Information includes, but is not limited to, your ISP (Internet Service Provider), IP (Internet Protocol) address, the type of web browser used, which pages a user visits, and other site usage data. This information is completely anonymous and used to analyze Brix and Stone’s Website traffic and other statistics relating to the usage of its Website.

Use and Disclosure of Information

Protecting your Personal Information is important to us, and we will attempt to securely store it at all times. In some circumstances your Personal Information may be shared with, sold, rented, or leased to other organizations or third parties when required, such as if it is required to do so by law or if disclosing Personal Information is vital to identify, contact, or bring legal action to protect Brix and Stones, its customers, or third parties; or for other purposes that may be deemed necessary by Brix and Stones in its sole discretion.

Transaction Information is shared with the merchant from whom the purchase is made, and may be provided to other trusted third parties as necessary to process and fulfill the order and to provide better member services and offerings. All merchants and third parties are contractually obligated to keep all Transaction Information confidential, maintain the privacy of all Brix and Stones members, and to use such Transaction Information only to provide services on behalf of Underground Cellar and the customer. Transaction Information may also be used to develop a personalized profile and shopping history for each member to customize promotions, updates or special offers. From time to time, we may employ other companies and individuals to perform services, to maintain and operate the Website, and to maintain certain features on the Website. To such parties, we may disclose Non-Personal Information such as traffic patterns and Website usage data, but such information will typically not include Personal Information. We also may employ reputable third parties to analyze our sales data for internal analysis, during which we may disclose Personal Information such as the wines purchased, the location of shipment, and the frequency of purchases. We additionally may enlist a third party to assist with marketing and sending member e-mails, in this case, we will provide these third-party vendors only with member e-mail addresses.

Cookies & Web Beacons

When you visit the Website, our service providers may place cookies on your computers or mobile devices. A cookie is a small amount of information that a web server sends to your browser that stores information about your account, preferences, and use of the Website. Cookies allow us to recognize you when you return and track and target your interests to provide a customized experience. They also help us to detect certain kinds of fraud. We use cookies to store a member’s preferences, record session information, record member-specific information on what pages are accessed or visited, alert members to new areas that we think might be of interest to them when they return to our Website or customize web page content based on browser type or other information that the member sends.

“Session” cookies are temporary cookies used for various reasons, such as managing page views and your shopping cart. Typically, your browser will erase session cookies once you exit the browser. “Persistent” cookies are more permanent cookies that are stored on your computer or mobile device after you exit the browser. Persistent cookies allow us to retrieve certain information that you have previously provided to us. For example, your user ID if you ask to be remembered. The Website uses both session and persistent cookies.

We also use web beacons. Web beacons are tiny graphic images placed on website pages or in the e-mails that allow us to determine whether you have performed certain actions. When you access these pages or open e-mail messages, the web beacons generate a notice of that action to us or our service providers. These tools allow us to measure the response to our communications and improve our web pages and promotions.

From time to time, Brix and Stones will, in its discretion, update its privacy policy with or without prior notice. If our information practices change in the future, we will post the policy changes to our Web site to notify you of these changes. If you are concerned about how your information is used, you should check our Website periodically. Your continued use of the Brix and Stones Website amounts to your agreement to comply with and obey the terms of our most recent Privacy Policy. If you object to any of the terms, you can cease to use, you may manage how your browser handles cookies and related technologies by adjusting your browser’s security and privacy settings. Refer to instructions related to your browser to learn about privacy and security settings that are available to you. If you block or delete cookies, you may not be able to use particular features of the Website or may not be able to use the Website in its full capacity.

Privacy Practices of Third Parties

Our Website may contain links to third-party websites, products, and services. These websites may include but are not limited to wineries, gourmet food websites, travel websites, or social media websites such as Facebook and Twitter. Information collected by these third-party websites is governed by their privacy practices and is not subject to this privacy policy. We are not responsible for how these third party websites collect, use, disclose, distribute, or maintain Personal and Non-Personal Information. If you visit a third-party website listed on the Brix and Stones Website, you do so at your own risk. We encourage you to learn about the privacy practices of those third parties before providing them with information or taking advantage of an offer or promotion.

Brix and Stones Blog Content

We are not responsible for protecting any Personal Information that you post on our blog or social media web pages associated with Brix and Stones. Although we reserve the right to monitor any postings, all Personal Information that is posted on these websites is unprotected and can be seen by anyone with access to the specific website.

Protection of Your Information

We take many precautions to safeguard your Personal Information, Non-Personal Information, and Transaction Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. In addition to administrative and physical protective measures, we use TLS encryption via HTTPS on all web pages where Personal information is collected. For this reason, to complete a protected transaction, you must use a TLS-enabled browser to access the Website. Supported versions of Safari, Firefox, Google Chrome, and Internet Explorer are all TLS-enabled. Using these types of browsers protects the confidentiality of your Personal Information while it is being transferred over the Internet.

We store credit card numbers in a third-party, one-way vault. When we interact directly with a credit card company, the full card number is encrypted and only lives on the Website for a few seconds before it is irreversibly transferred into the secure vault.

When creating an account on our Website, you are required to establish a password. To maximize your level of protection, you should choose a password with at least 6 characters, using a combination of letters and numbers. You are solely responsible for maintaining the secrecy of your password and account information.

While Brix and Stones uses standard security procedures and practices relative to safeguarding your Information, no Internet data transaction can be guaranteed as 100% secure. Consequently, while Brix and Stones strives to protect and conserve your Information, we do not guarantee or attest comprehensive security of your Information transmission. If you choose to transmit Information to Brix and Stones, you do so at your own risk.

Collection of Information from Minors

We do not knowingly collect Personal Information from minors under 21, nor do we direct any of our content to minors under 21. If we learn that we collected the Personal Information of a minor, we will take steps to delete the information as soon as possible.

Accessing and Correcting Personal Information

You can access, update and delete your Personal Information by logging into your account and accessing the “Member’s Area” section of the Website. If you want to close your account or have questions, please contact us at info@Brixandstones.com. While we are ready to assist you in managing your subscriptions, closing your account, and removing your active member profile, we cannot always delete all records. For example, we are required to retain records relating to previous transactions on the Website for financial reporting and compliance reasons.

We will retain your information for as long as your account is active or as necessary to provide you services and to maintain a record of your transactions for financial reporting and compliance purposes. If you wish to cancel your account, please contact us at support@undergroundcellar.com.

E-mail Opt-Out

Registered members who have elected to receive Brixandstones.com e-mail can choose to opt-out at any time by clicking on the “Unsubscribe” link at the bottom of any daily e-mail. Members can also opt-out from Brix and Stones daily e-mails from the Account section of the Web site. Further questions or comments regarding privacy can be directed to info@Brixandstones.com.

Changes to Privacy Policy

From time to time, Brix and Stones will, in its discretion, update its privacy policy with or without prior notice. If our information practices change in the future, we will post the policy changes to our Web site to notify you of these changes. If you are concerned about how your information is used, you should check our Website periodically. Your continued use of the Brix and Stones Website amounts to your agreement to comply with and obey the terms of our most recent Privacy Policy. If you object to any of the terms, you can cease to use the Brix and Stones Website.

This agreement (the “Terms & Conditions”) is a legally binding agreement between you and Brix and Stones, its affiliates, and its and their respective parents and subsidiaries (individually and collectively, “Company,” “we,” “our” or “us”), and applies to your use of the URL, https://www.brixandstones.com, and all other websites, social media pages and accounts owned by the Company (individually and collectively, the “Websites”), and all mobile applications owned by the Company (together with the Websites, collectively, the “Company Sites”). Through the use of the Company Sites, the Company markets wines and related products directly to consumers, and offers consumers the opportunity to take advantage of the various services offered by the Company, including, without limitation, the opportunity to purchase wine and related products from Licensed Retailers and to register as members of the various Wine Clubs that the Company services (the “Wine Clubs”) (collectively, the “Wine Services”). 

1.Billing; Cancellations.

a.Wine Club Memberships. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL USE A RECURRING PAYMENT SYSTEM IN CONNECTION WITH WINE CLUB MEMBERSHIPS OR RECURRING ORDERS AS AVAILABLE ON OUR CHECKOUT. THE METHOD OF PAYMENT LINKED TO YOUR ACCOUNT WILL BE AUTOMATICALLY CHARGED ON A QUARTERLY BASIS IN ACCORDANCE WITH THE SHIPPING SCHEDULE OF YOUR APPLICABLE WINE CLUB. THERE IS NO ONGOING COMMITMENT TO REMAIN A MEMBER OF A WINE CLUB AND TO RECEIVE THESE SHIPMENTS OF WINE, INCLUDING, WITHOUT LIMITATION, ANY HOLIDAY SHIPMENTS. YOU MAY CANCEL YOUR WINE CLUB MEMBERSHIP OR ANY HOLIDAY SHIPMENTS AT ANY TIME BY CONTACTING US AT info@brixandstones.com, AND WE WILL PROMPTLY STOP PROCESSING THE RECURRING PAYMENTS. (TITLED “ORDERS”) SETS FORTH ADDITIONAL TERMS CONCERNING ANY CHANGES TO THE PRICE OF WINE CLUB MEMBERSHIPS, AND YOUR ABILITY TO CANCEL YOUR MEMBERSHIP BEFORE BEING CHARGED FOR THE NEXT SHIPMENT.

b.Individual Orders. You may cancel pending orders at any time prior to shipment by contacting us at info@brixandstones.com below and we will promptly cancel your order upon receipt of such a request. If you use a credit card in connection with your purchase, it will generally be charged by the end of the business day on which you place your order.

2.Orders. Wines and offers may vary by state. 100% money-back guarantee applies to each wine, except as otherwise specifically stated in a consumer offer concerning certain fine and rare wines. All offers made pursuant to these Terms & Conditions are subject to availability. In the unlikely event that a particular wine selection is currently unavailable, either as part of an individual order or as part of a wine case shipped pursuant to a Wine Club membership, or recurring orders. The Company has the right to refuse orders should they not comply with the laws in your state or for any other reason and your payment will not be processed for such orders. The Company shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, the Company and the Licensed Retailer reserve the right to cancel affected orders and refund the charge to you as your sole remedy. The Company and the Licensed Retailer reserve the right to change product pricing and discounts offered at any time. IN THE EVENT PRODUCT PRICING CHANGES WITH RESPECT TO WINE CLUB SHIPMENTS, THE COMPANY WILL NOTIFY YOU IN ADVANCE OF SUCH PRICE MODIFICATION AND YOU WILL HAVE THE OPPORTUNITY TO CANCEL YOUR MEMBERSHIP TO THE WINE CLUB PRIOR TO BEING CHARGED FOR YOUR NEXT SHIPMENT.

3.Contact Information. If you have any requests (including club or order cancelations), questions or comments about your orders made in connection with the Wine Services, Wine Club membership registration, your Account, your PII, the Company Sites, or any other questions or comments relating to our products and services, please contact us at: Email: info@brixandstones.com Phone: 808-593-2749

Mail: Brix and Stones
Attn: Customer Service
999 Waimanu St. Honolulu, HI 96814

When you send an email to us, you agree that we may electronically communicate with you. You acknowledge that communications by email may not be confidential.

4.Eligibility. You represent and warrant that you are at least twenty-one (21) years of age. In no event shall anyone under the age of twenty-one (21) years of age use the Company Sites, utilize the Wine Services, or register as a member of a Wine Club. You may never do any of the foregoing restricted activities for the benefit of any ineligible third party. The Company hereby notifies you that parental control protections (e.g., computer software, filtering services, etc.) are commercially available and may be used to assist with limiting access to the Company Sites to minors. Please contact us for details. We may refuse to register any person or service any order at any time, at our sole discretion. 

5.Sale of Alcohol Beverages. The Company’s role in the transactions contemplated by these Terms & Conditions is that of a service provider that enables you, the consumer, to purchase wine and related products from those retailers and wineries holding valid licenses issued by state alcohol beverage agencies allowing for the legal sale of wine (the “Licensed Retailers”) and to participate in the services and/or any other product offers offered on the Company Sites. You acknowledge that all orders of wine and related products you place through the use of the Company Sites are processed and fulfilled by such Licensed Retailers, as the actual sellers of wine, and not by the Company. Any wine you purchase through the use of the Company Sites from the Licensed Retailers must be for personal consumption only and not for resale.

6.Registration; Account; Guest Log-In. To utilize the Wine Services, you will be asked to register for a personal account with the Company (an “Account”), or log in to the Company Sites as a guest (a “Guest Log-In”), follow the instructions provided by Company, and provide the requested personally identifiable information (i.e., name, phone number, email address, date of birth, and method of payment information) (collectively, the “PII”). You represent and warrant that all PII you provide in connection with registering your Account or using a Guest Log-In is complete and accurate, and that you are authorized to use the method of payment you provide in connection with your use of the Wine Services. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account. You also agree to review and update your Account as and when necessary to maintain the most current PII. You may also utilize the “My Wine Cellar” feature of your Account, which tracks your order history, status of pending orders, preferences, favorites, credits, and Wine Club memberships. If you choose not to create an Account but to instead place orders by using a Guest Log-In, you may contact the Company to review or update the PII you have provided by using the telephone numbers and/or addresses listed above.

7.Wine Club Membership. As part of the Wine Services available to you, you will have the opportunity to register for various Wine Clubs the Company markets and services by following the instructions on the applicable Company Site or promotional communication, including, without limitation, email communications or direct mailings. The Company also works with certain strategic partners (the “Brand Partners”) in connection with the creation and operation of various branded Wine Clubs, which are promoted by us and our Brand Partners. Please review our {PRIVACY POLICY} with respect to what PII we share with third parties, including our Brand Partners, and the terms of such sharing. As a member of a Wine Club, you are generally entitled to receive one (1) case of wine (approximately twelve (12) bottles) every calendar quarter (approximately every twelve (12) weeks) while your particular Wine Club membership is active. The exact number of bottles, shipping schedule, quarterly cost charged to your method of payment, and applicable tax and shipping charges, vary between Wine Clubs and will be provided to you in your order summary prior to your purchase of the applicable Wine Club membership. You will be notified by email communication or by U.S. mail in advance of these quarterly shipments. You may manage your Wine Club membership(s) by going to the “My Wine Cellar” section of your Account, where you will have the option to change the date of a future shipment, skip a shipment, modify the contents of a wine case or change the address where your shipments will be delivered. Memberships to any particular Wine Club are limited to one (1) per household. Your membership in a particular Wine Club also provides that during the year you will receive promotional offers from us and our Brand Partners, as applicable, for additional shipments of wine cases from a Licensed Retailer, including, without limitation, the Company’s biannual holiday shipments of one (1) additional case of wine, which are generally offered once during the summer season and once during the winter season (the “Holiday Shipments”). You will be notified by the Company in advance of such promotional shipments, including, without limitation, the Holiday Shipments, and such communication will include the applicable terms of the offer, including the price, taxes and shipping charges. Terms of any such promotional offers may vary and all such offers are subject to availability.

8.Shipping.

a.Shipping & Deliveries. All orders are shipped by the applicable Licensed Retailers. Title to such wine and related products and risk of loss passes from the applicable Licensed Retailer to you upon the shipment of your order by the Licensed Retailer. The terms of shipment may vary from order to order. You will be notified at the point of purchase as to the applicable shipping charges and taxes, which you are responsible for paying, that are applied to your particular individual order or to your shipments pursuant to your Wine Club membership(s). The remittance of any and all federal, state, sales use and excise taxes will be paid by the applicable Licensed Retailer related to such orders. The Licensed Retailers do not ship to states, counties or cities where shipping wine is prohibited by law. Our Licensed Retailers currently ship to the following states: AK ($75 FedEx shipping surcharge applies per case), AL, AZ, CA (offer may vary), CO, CT, FL, GA, HI ($75 shipping surcharge per case applies), IA, ID, IL, IN (limited delivery area), KS, LA, MA, MD, ME, MI, MN, MO, MT, NC, ND, NE, NH, NJ (offer may vary), NM, NV, NY, OH, OK, OR (not eligible for free gift), PA, SC, SD (offer may vary), TN, TX (voucher not required), VA, VT, WA, WI, WV, WY and to the District of Columbia (DC). Choose your state here: https://www.laithwaites.com. Product availability and limitations on orders vary by state. Proof that you are twenty-one (21) years of age will be required upon delivery.

9.Replacement Orders; Refunds. The Company and the Licensed Retailers strive to ensure the satisfaction of their customers. In the event of late or non-delivery of your order, if your order is damaged in transit or is incorrect, or you are not satisfied with your order for any other reason, please contact us by using the contact information provided in {Section 3} (titled “Contact Information”) above, and we will use good faith efforts to rectify the issue, subject to all applicable laws. 

10.Promotional Offers. By participating in the Wine Services, you will be eligible to receive various benefits provided from time to time by the Company and its Brand Partners, including, without limitation, receiving discounts, vouchers and promotional offers with respect to wine, related products and Wine Club memberships, unless prohibited by law. You will be notified of these special offers through various channels of communication, including, without limitation, email and/or U.S. mail. Each such discount, voucher and promotion offered to you will apply only to those specific wines, related products and Wine Club memberships advertised, and will be governed by these Terms & Conditions, as amended from time to time, and the applicable terms of such promotions as communicated to you. You will be required to input the applicable reference code included in the advertisement of the promotional offer prior to purchase. A particular reference code may only be used once and may not be used in conjunction with any other discount, voucher or promotional offer unless the applicable advertisement provides otherwise. The value of any such offer is not refundable. All offers are subject to availability and the Company reserves the right to change discounts, vouchers or offers at any time. Some states do not permit us to honor certain discounts, vouchers or offers, and the Company extends such discounts, vouchers and offers only if they are not prohibited by law. You will be notified prior to purchase if you are located in any such state.

11.Privacy Policy. Your use of the Company Sites is subject to our {PRIVACY POLICY}, which we may amend from time to time, and you hereby agree to its terms.

12.Customer Conduct. You agree not to engage in any of the following activities: (i) interfere with or inhibit the use of the Company Sites by other users; (ii) use the Company Sites for commercial purposes for yourself and/or third parties (e.g., selling, or attempting to sell your purchases to others, etc.); (iii) create an account using an alter-ego or by impersonating a third party, or providing any other false information; (iv) create an account if you are under twenty-one (21) years of age; (v) copy, reverse engineer, or attempt to derive the source code of any part of the Company Sites; (vi) post any comment or product review on the Company Sites that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; or (vii) use the Company Sites in a manner that would violate any of these Terms & Conditions or any applicable laws. We may investigate any reported violation of these restrictions or other provisions in the Terms & Conditions. If we determine that you have violated these restrictions, or other provisions in the Terms & Conditions, we may take any action that we deem appropriate and you potentially may be subject to liability. Such action may include, without limitation, issuing warnings, immediately terminating your Account, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials or regulators and, in doing so, we may disclose any relevant information to such officials or regulators, including, without limitation, your PII, IP address(es) and your Company Sites usage history as provided in Company’s {PRIVACY POLICY}.

13.Intellectual Property.

a.Access to Company Sites. The Company grants you the limited right to access and make use of the Company Sites as a user. The Company Sites, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Company Sites (the “Content”) are owned by or licensed to the Company. Unless authorized in writing and in advance by the Company or the applicable rights holder, you may not sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit the Content for any public or commercial purpose. No provisions of these Terms & Conditions shall be construed to convey any property right or license to the Content unless expressly provided to the contrary.

b.DMCA. We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Company Sites, you must notify us and give us an opportunity to correct the problem before taking any other action by sending an email to the following address: customerservice@laithwaites.com. The notification must include all of the following: (i) a physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; (ii) a description of the copyrighted work or other right you claim has been infringed or violated; (iii) information reasonably sufficient to locate the material in question on the Company Site; (iv) your name, address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

14.Third Party Servicers; Release. You may have contact or other interaction with third parties in connection with clicking third party links on the Company Sites and being directed to third party websites (the “Third Party Servicers”). You hereby acknowledge and agree that you are proceeding at your own risk and any such Third Party Servicers are not under the control of the Company. The Company shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with such Third Party Servicers (“Third Party Claims”). YOU HEREBY RELEASE THE COMPANY, OUR OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND MEMBERS FROM ANY AND ALL SUCH THIRD PARTY CLAIMS NOT ATTRIBUTABLE TO THE COMPANY’S NEGLIGENT OR INTENTIONAL ACTS.

15.Disclaimer; Notice of Violations.

a.“As Is.” THE COMPANY SITES AND THE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOUR USE OF THE COMPANY SITES IS SOLELY AT YOUR OWN RISK.

b.Good Faith Compliance. The Company Sites may be accessed from many locations. You acknowledge and agree that consumer protection laws vary by location and that the Company has made a good faith attempt to comply with all such applicable laws, including, by way of example and not limitation, the California Subscription Act and similar statutes in other states. You agree that you will notify the Company if you believe that it is not in compliance with any laws and provide the Company with an opportunity to cure any alleged violations before invoking the Dispute Resolution mechanisms set forth in {Section 22}.

16.Termination. The Company reserves the right to terminate your Account and/or any Wine Club memberships at any time, with or without cause or notice, and which shall be effective immediately. If you wish to terminate your Account, you may do so by contacting us using the contact information provided in {Section 3} (titled “Contact Information”) above. You acknowledge and agree that any orders shipped before such termination are non-refundable. Sections 11-24 of these Terms & Conditions shall survive any such termination.

17.Modification. The Company reserves the right to modify any of the terms and conditions contained in these Terms & Conditions, at any time, at our sole discretion. We will notify you of any such modifications by posting a notice on the Company Sites promptly following any such modification. Your continued use of the Company Sites or your Account following such notification will be confirmation of your acceptance of such changes, except that the Company will give you prior written notification of material changes to the terms of your Wine Club membership and provide you with an opportunity to cancel your Wine Club membership. The Company Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Company Sites or because of a failure, suspension or withdrawal of all or part of the Company Sites.

18.Indemnification. You agree to indemnify, defend and hold the Company and its employees, officers, directors and shareholders harmless to the fullest extent permitted by law from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from or attributable to: (i) your misuse of the Company Sites; (ii) anything you post to the Company Sites; (iii) your violation of these Terms & Conditions; (iv) your violation of the rights of any third parties; and/or (v) use of the Company Sites by any other person accessing the Company Sites using a computer or Internet access account that you provided to such person.

19.Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES, OR LOSSES, EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

20.Governing Law. These Terms & Conditions and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of New York pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles.

21.Notice for California Users. Under California Civil Code Section 1789.3, residents of California who use the Company Sites are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

22.Dispute Resolution, including Arbitration and Class Action Waiver.

a.You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at the address provided in {Section 3} (titled “Contact Information”) above, and we will send our notice to you at your billing address. The notice must be sent by U.S. mail, Federal Express or UPS, with confirmation of delivery requested.

b.IF YOU AND WE ARE UNABLE TO RESOLVE OUR DISPUTE BY TALKING TO EACH OTHER, YOU AND WE EACH AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION, SUBJECT TO SECTION 22(F) BELOW.To the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, these Terms & Conditions (including any dispute as to their breach, termination, enforcement, interpretation or validity), our {PRIVACY POLICY} (including any dispute as to its breach, termination, enforcement, interpretation or validity), the Company Sites, any promotional offers or any product or service provided under or in connection with our relationship will be resolved exclusively by binding arbitration, subject only to Section 22(f) below. The arbitration shall be conducted before JAMS using a single arbitrator under the JAMS Comprehensive Arbitration Rules and Procedures (or their replacement) that are in effect at the time the arbitration is initiated and under the terms set forth in this Customer Agreement. The arbitrator shall be chosen by mutual agreement from a slate of ten (10) potential arbitrators proposed by either you or us and, if you and we are unable to agree, the arbitrator shall be chosen by the JAMS administrator. In the event of a conflict between the JAMS rules and these Terms & Conditions, these Terms & Conditions shall govern. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court and there is no judge or jury in an arbitration proceeding. YOU ARE HEREBY WAIVING YOUR RIGHT TO HAVE A JURY TRIAL OR TO GO TO COURT, other than as provided in Section 22(f) below. You may, in arbitration, seek any and all remedies otherwise available to you where you reside, other than as waived in these Terms & Conditions. You have a right to hire an attorney to represent you in arbitration. The arbitration shall permit the discovery of relevant information that is not privileged or protected.

c.The arbitration will be conducted at the JAMS office nearest to your hometown, unless you and we mutually agree to a different location or to a telephonic arbitration. If you decide to initiate arbitration after you and we are unable to resolve the dispute between us, we will pay the costs of the arbitration proceeding, including the arbitrator’s fees and case management fees, for claims in which you or we seek less than $10,000 from the other party. For claims in which you or we seek $10,000 or more from the other party, we shall evenly share the costs of arbitration. If you are required to pay a fee or deposit to JAMS to initiate your arbitration, we will reimburse you. We will not, however, pay your attorney’s fees. To start an arbitration, you or we must do the following three things:

i.Write a Demand for Arbitration. The demand must include a description of the dispute and the amount of damages or other relief sought. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

ii.Send two (2) copies of the Demand for Arbitration, plus the appropriate case management fee (which we will reimburse to you upon proof of payment) and reference to these Terms & Conditions to:JAMS 620 Eighth Ave., 34th Floor New York, NY 10018 1-212-751-2700

iii.Send one (1) copy of the Demand for Arbitration to the other party.

d.The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.

e.You and we agree not to join or consolidate claims in arbitration by or against the other. You and we also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, Licensed Retailers, retailers, licensors, officers, directors, agents, employees, affiliates or predecessors. Accordingly, you and we agree that the JAMS Class Action Procedures (or their replacement) will not apply in any arbitration between us. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this Section 22 that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this Section 22, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.

f.In lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The provisions of Subsection 22(e) above remain effective, even if you elect to file in a small claims court.

23.Waiver of Statutory Claims. By agreeing to these Terms & Conditions, you are giving up statutory claims or rights that you may have under your state’s laws, including claims for certain forms of relief or for attorneys’ fees. You agree that your waiver of any such laws does not violate your state’s laws, including, by way of example and not limitation, New Jersey’s Truth-in-Consumer Contract, Warranty & Notice Act.

24.Miscellaneous.

a.Severability. In the event that any provision of these Terms & Conditions (other than Subsection 22(e)) is declared void or unenforceable, such provision shall be deemed severed from these Terms & Conditions, and these Terms & Conditions shall otherwise remain in full force and effect unless its purpose cannot be effected absent the severed provision.

b.Entire Agreement. These Terms & Conditions, our {PRIVACY POLICY} and the terms and conditions that may be posted on the Company Sites or of any promotional offers we make and you accept (“Company Sites Agreements”) constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior agreements, whether written or oral. You confirm that you have not relied on any representation except insofar as the same has expressly been made a representation in these Company Sites Agreements. These Company Sites Agreements, including these Terms & Conditions, shall not be modified other than in writing.

c.Notices. Unless otherwise specified to the contrary herein, all notices due under these Terms & Conditions shall be in writing and shall be deemed to have been made or given when any such notice is received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if sent by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight courier service. Electronic notices to us shall be sent to the email address provided in {Section 3} (titled “Contact Information”) above.

d.Assignment. These Terms & Conditions are personal to you and your Account. You may not assign these Terms & Conditions without the prior written consent of the Company. The Company may assign any of its rights and delegate any of its duties hereunder at any time, without your consent, at its sole discretion. These Terms & Conditions will inure to the benefit of the Company’s successors, assigns and licensors.

e.Relationship of the Parties. Nothing contained herein will be construed as creating any relationship of employer/employee, partnership, agency, joint venture, or otherwise between you and the Company, nor will these Terms & Conditions be construed as conferring on any party any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party.

f.Force Majeure. The Company shall not be liable for performance of its obligations under these Terms & Conditions if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest or emergency condition, or (iii) any other circumstances beyond the reasonable control of the Company.

g.Waiver. Any waiver of either party’s rights hereunder must be in writing. No waiver by either party of any breach or default of any of the provisions contained in these Terms & Conditions and required to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or of any other provision.

h.Errors and Inaccuracies. The Company strives to provide complete, accurate, up-to-date information on the Company Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, the Company Sites may contain typographical mistakes, inaccuracies or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Company Sites. 

PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR RECORDS. If you are unable to print from your device, please contact the Company using the information in {Section 3} (titled “Contact Information”) above to request a hard copy of these Terms & Conditions.

Terms & Conditions Effective as of the Following Date: January 14, 2022

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