This website is operated by Wags & Wine (collectively, “WAW,” “we,” “us,” or “our”). Wags & Wine offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Additional policies, terms, and conditions (“Additional WAW Policies”) applicable to certain WAW Services, specific areas of certain WAW Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain WAW Sites or Applications and, together with these Terms, govern your use of those areas. WAW reserves the right to amend the Additional WAW Policies from time to time by posting in the same particular areas as noted above. Any and all such Additional WAW Policies are hereby incorporated into this Agreement by this reference and considered a part hereof.
Please read these Agreement carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Agreement. If you do not agree to all the Agreement of this agreement, then you may not access the website or use any services. If these Agreement are considered an offer, acceptance is expressly limited to these Agreement.
Any new features or tools which are added to the current store shall also be subject to the Agreement. You can review the most current version of the Agreement at any time on this page. We reserve the right to update, change or replace any part of these Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You must be at least 21 years of age to use WAW Sites or Applications and/or purchase alcohol through WAW Services. A valid government-issued ID may be required upon delivery.
YOUR ACCESS TO AND USE OF ANY WAW SITES, APPLICATIONS OR ANY OF OUR SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH, WITHOUT MODIFICATION, THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE ADDITIONAL WAW POLICIES INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE).
BY CONTINUING TO ACCESS AND/OR USE ANY WAW SITES, APPLICATIONS OR ANY OF ITS SERVICES, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ANY OF THE ADDITIONAL WAW POLICIES INCORPORATED HEREIN) AS SUCH IS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF ANY WAW SITE, APPLICATION OR ANY OTHER PART OF OUR SERVICES. NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY WAW. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE ANY OF THE WAW SITES, APPLICATIONS OR ANY OF THE SERVICES. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT GOVERNING THIS SITE AND ALL OF OUR SERVICES. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect this Agreement.
WAW reserves the right to cancel and/or terminate any User’s account for any violation of this Agreement, the Additional WAW Policies or any other terms stated on WAW Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language on WAW Sites, Applications or any other website in regards to WAW, or while contacting any of our Member Services team, will be considered a violation of this Agreement and will be grounds for WAW to cancel and/or terminate any User’s account.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Agreement.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Agreement.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Agreement, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Wags & Wine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wags & Wine and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Agreement are effective unless and until terminated by either you or us. You may terminate these Agreement at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Agreement, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Agreement shall not constitute a waiver of such right or provision.
These Agreement and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement).
Any ambiguities in the interpretation of these Agreement shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO AGREEMENT
You can review the most current version of the Agreement at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Agreement constitutes acceptance of those changes.
SECTION 20 – PURCHASE OF WAW PRODUCTS OR SERVICES; SUBSCRIPTIONS
Registration. If you wish to utilize WAW Services, you agree to complete the initial registration process according to the requirements stated on the applicable WAW Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase of any WAW products or service on or through any WAW Sites, Applications or any other WAW Services (collectively, a “purchase” or “order” ), you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to WAW that your use of a payment card in connection with any purchase you make on or through WAW Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify WAW if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.
Member Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.
Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize WAW to charge such amount to your payment card at that time.
Notice about Alcohol Listing. All alcohol listings are intended for individuals who are 21 years of age or older. WAW reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
Subscription Program. You may become a WAW Member by providing the requested registration information and submitting it to WAW through the WAW Sites or Applications (“WAW Member” or a “Subscription”). By becoming a Member and placing an order, you agree to receive a shipment of a chosen number bottles of wine from WAW at the frequency of your choice (once a month, every other month, or quarterly, ship as many months as you wish) until you change your Subscription or cancel your Subscription, provided that any such changes or cancellation must be done (in order to be effective) pursuant to any instructions set forth in the WAW Site or Application or in any WAW Policy.
Notice about Alcohol Listing. Generally wine will ship at approximately the same time each month, the first or second Monday of the month. If you need to change this please email and we will adjust. You may skip or cancel your Subscription any time (unless a 50% promotion is utilized which requires a minimum of 2 shipments before cancellation).
Subscription Box Selections. Subscription Box Selections range from $59 to $89. A shipping charge may apply based on the location of your shipping address and the type of shipment option (expedited shipment may have a higher delivery charge). Taxes may apply based on the shipping address. By becoming a member and providing your Subscription and credit card information, you authorize WAW to charge your credit card (including shipping and any applicable tax) for each WAW Subscription wine shipment. Please notify us prior to any shipment to update your account information, payment method, change your address, skip a shipment, change your delivery date, or to cancel your Subscription.
WAW Promo Orders. Often, we will share limited, short-term seasonal promotions of special assortments. You may order promo wine shipments from WAW by providing the requested information and submitting your order to WAW through the WAW promo page. A shipping charge may apply based on the location of your shipping address and your type of shipping option. Taxes may apply based on the shipping address. By placing an order and providing your credit card information, you authorize WAW to charge your credit card (including shipping and any applicable tax) for your promo wine shipment. By applying a 50% or greater promotion to your subscription you agree to receiving a minimum of 2 shipments before cancellation. Please notify us prior to your shipment if you need to update your account information, payment method, change your address, or to cancel your order.
Shipping Regulations. Due to the restrictions of many state laws, we only ship wine to those states where direct shipment is permitted by law. All packages are shipped using UPS and our shipping prices include packaging materials. You will be notified by email when your wines are shipped. Please note, by law; that there must be someone over the age of 21 to sign for your package when it arrives. We recommend that you ship to an office or place of business where packages can be easily signed for. We appreciate your understanding.
Due to ever changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. All wines are sold in California and title passes to the buyer in California. We will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that in our sole discretion we believe that such shipment will not subject us to the risk of any sort of legal action or other harm. If a buyer lives in a state where the direct shipment of wine may violate the law, we will contact the buyer to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.
WAW SMS Alert and Notification Service. If you enroll in WAW’s SMS Alert and Notification Services, you will be subscribed to receive text messages from WAW containing shipment status details about your WAW orders. Message frequency depends upon your account activity and number of purchases. SMS messaging is not available in all areas. Not all mobile devices or handsets may be supported. WAW and the mobile carriers are not liable for delayed or undelivered messages.
WAW does not charge a separate fee for this service; however standard message and data rates may apply from your mobile carrier. Text messages sent to your mobile phone are subject to the Agreement and conditions of your mobile carrier. By providing your consent to participate in this service, you approve any charges imposed by your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. You may unsubscribe from the WAW SMS Alert and Notification Service.
WAW GIFT CARDS
Purchase. E-Gift Cards (collectively “Gift Cards”) may be purchased at https://wagsandwine.com/a/gc/gift-card/. Gift Cards and their use are subject to this Agreement. In order to purchase a Gift Card, you will need to provide certain information, including but not limited to, recipient email address, recipient name, and a valid credit card number. The value of a Gift Card will show up in the recipient's account as an account credit or the Gift Card may be submitted as payment at the time of a WAW product purchase. The purchase of a Gift Card is non-refundable and not cancellable.
Use. In order to redeem a Gift Card, the recipient must be a resident of the United States in a state where WAW is legally able to directly ship wine. Gift Cards must be redeemed toward the purchase of eligible products on WAW sites and applications. Purchases are deducted from the Gift Card balance. Any unused Gift Card balance will be placed in the recipient's WAW account as credit. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method.
Priority of Credit Use. When making a purchase with a Gift Card, the value of the purchase plus any shipping/handling fees and sales tax, if applicable, will be automatically deducted from your account credits. Priority of account credit use shall be as follows: first, credits that have an expiration date (for example, referral credits), and second, credits that do not have an expiration date (for example, Gift Cards). Within a specific class of credits, credits will be used according to their age (oldest being used first).
Referral Credits. If a purchaser buys an E-Gift Card for a non-member of WAW and the recipient then becomes a member of WAW, the purchaser will not receive any referral fee if the recipient's first purchase is with a Gift Card.
Cancellation and Expiration. After delivery of an email confirmation of the purchase a Gift Card, the Gift Card cannot be cancelled and the purchase is final and non-refundable. Gift Cards do not have an expiration date.
Limitations. (1) Gift Cards may only be used on WAW sites and applications, toward the purchase of eligible products. If a purchase exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method; (2) Gift Cards cannot be used to purchase additional Gift Cards; (3) Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law; (4) unused Gift Card account credits may not be transferred.
Risk Of Loss. All items purchased from WAW are made pursuant to a shipment contract. The risk of loss and title for all such items that you purchase from WAW shall pass to you upon our delivery to the first carrier. With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, WAW (in its sole discretion) may issue a replacement for the balance shown in its records. WAW is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
SECTION 21 - CONTACT INFORMATION
Questions about the Agreement should be sent to us at email@example.com.
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