TERMS AND CONDITIONS
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND SAN ANTONIO WINERY INC. (“WE”, “San Antonio Winery Inc (Sweetwineclub.com)”, THE “COMPANY”), THE OWNER AND OPERATOR OF THE WWW.SWEETWINECLUB.COM WEBSITE (THE “SITE”) AND THE RELATED SWEETWINE CLUB MOBILE APPLICATIONS (“APPLICATIONS”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, FEATURES, GIFT CARDS, CREDITS AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE AND APPLICATIONS, THE “SERVICES”), AND YOUR PURCHASE OF THE MEMBERSHIPS AND PRODUCTS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, SWEETWINE CLUB.
Wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult present to sign for all San Antonio Winery Inc. (Sweetwineclub.com) shipments. A valid government-issued ID may be required upon delivery.
Wine sales are solicited, offered, accepted, made, and delivered by licensed wineries or retailers who receive all orders. To address possible state alcoholic beverage law concerns, San Antonio Winery Inc (Sweetwineclub.com) pays for new member referrals through an instant rebate that discounts a portion of the price of each item the existing member purchases. Void where prohibited.
Your use of the San Antonio Winery Inc. (Sweetwineclub.com) Sites, Applications and Services is subject to our Privacy Notice located at www.sweetwineclub.com, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by San Antonio Winery Inc. (Sweetwineclub.com).
Sweetwine Club Membership
Membership Program. You must be a San Antonio Winery Inc (Sweetwineclub.com) wine member in order to place an order through San Antonio Winery Inc (Sweetwineclub.com) Services. You may become a San Antonio Winery Inc (Sweetwineclub.com) member by providing the requested registration information and submitting it to San Antonio Winery Inc (Sweetwineclub.com) through the San Antonio Winery Inc (Sweetwineclub.com) Sites or Applications. By becoming a member and placing an order, you agree to receive a shipment of at least 3 bottles of wine from San Antonio Winery Inc (Sweetwineclub.com) every 3 months until you cancel your membership. You may suspend or cancel your membership any time. Wines range from $13 to $75 per bottle. A shipping charge may apply based on the size of your order. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize San Antonio Winery Inc (Sweetwineclub.com) to charge your credit card (including shipping and any applicable tax) for each quarterly San Antonio Winery Inc (Sweetwineclub.com) Membership wine shipment.
Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.
You may cancel your San Antonio Winery Inc (Sweetwineclub.com) Membership at any time by calling Member Services at (323) 223-1401 or via live chat available at www.sweetwineclub.com between 6:00 a.m. and 5:30 p.m. Pacific Time, Monday through Friday or and between 7:00 a.m. and 4:00 p.m. Pacific Time, Saturday and Sunday. San Antonio Winery Inc (Sweetwineclub.com) may terminate your membership and refuse any and all current or future use of your San Antonio Winery Inc (Sweetwineclub.com) Membership or San Antonio Winery Inc (Sweetwineclub.com) Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that San Antonio Winery Inc (Sweetwineclub.com) determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if San Antonio Winery Inc (Sweetwineclub.com) determines, in its sole discretion, that you are using your San Antonio Winery Inc (Sweetwineclub.com) Membership in a manner not permitted by these Terms, or (4) in other circumstances, as San Antonio Winery Inc (Sweetwineclub.com) deems appropriate in its sole discretion.
If you register to become a San Antonio Winery Inc (Sweetwineclub.com) member, you agree to complete the initial registration process according to the requirements stated on the applicable San Antonio Winery Inc (Sweetwineclub.com) 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 on or through San Antonio Winery Inc (Sweetwineclub.com) Services, 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 San Antonio Winery Inc (Sweetwineclub.com) that your use of a payment card in connection with any purchase you make on or through San Antonio Winery Inc (Sweetwineclub.com) 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 San Antonio Winery Inc (Sweetwineclub.com) 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 San Antonio Winery Inc (Sweetwineclub.com) to charge such amount to your payment card at that time.
San Antonio Winery Inc (Sweetwineclub.com) 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 terms 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 also unsubscribe from the Sweetwine Club SMS Alert and Notification Service by calling 323-223-1401 or under your account ACOUNT at www.sweetwineclub.com.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 SweetwineClub.com and the recipient then becomes a member of SweetwineClub.com, 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 Sweetwineclub.com 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 Sweetwineclub.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the 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, San Antonio Winery Inc (Sweetwineclub.com) (in its sole discretion) may issue a replacement for the balance shown in its records. San Antonio Winery Inc (Sweetwineclub.com) is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
Restocking and Reshipment Fees
Orders returned to San Antonio Winery Inc (Sweetwineclub.com) may be subject to a reasonable restocking fee. San Antonio Winery Inc (Sweetwineclub.com) reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.
All alcohol listings are intended for individuals who are 21 years of age or older. San Antonio Winery Inc (Sweetwineclub.com) reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
You must be at least 21 years of age to use San Antonio Winery Inc (Sweetwineclub.com) sites and purchase alcohol through San Antonio Winery Inc (Sweetwineclub.com) Services.
Disclaimer of Warranties
THE WINC SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE WINC SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WINC HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER WINC NOR ANY PERSON ASSOCIATED WITH WINC MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WINC SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WINC NOR ANYONE ASSOCIATED WITH WINC REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WINC SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability
IN NO EVENT WILL SAN ANTONIO WINERY ( Sweetwine Club), ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WINC SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND WINC’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
You agree to defend, indemnify and hold harmless San Antonio Winery Inc. (SweetwineClub.com) and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Sweetwine Club Sites, Applications or Services.
The trademarks and service marks displayed on the Sweetwine Club Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Sweetwine Club and its licensors. For a list of San Antonio Winery’s trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any San Antonio Winery Sites, Applications and Services are trademarks, service marks or trade dress of San Antonio Winery in the U.S. and other countries. San Antonio Winery trademarks, service marks and trade dress may not be used in connection with any product or service that is not San Antonio Winery, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits San Antonio Winery Inc.. All other trademarks not owned by San Antonio Winery that appear in any San Antonio Winery Inc Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by San Antonio Winery Inc.
All content included on or made available through any San Antonio Winery Inc Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of San Antonio Winery Inc or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any San Antonio Winery Inc Sites, Applications and Services is the exclusive property of San Antonio Winery Inc and protected by U.S. and international copyright laws.
Submitted Materials and Ideas
While we appreciate your interest in San Antonio Winery Inc and our business, San Antonio Winery Inc does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of San Antonio Winery Inc might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on San Antonio Winery Inc Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.
Links to Third-Party Websites
San Antonio Winery Inc Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. San Antonio Winery Inc has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the San Antonio Winery Inc Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND SAN ANTONIO WINERY INC. MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and San Antonio Winery Inc ( Sweetwineclub.com) agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the San Antonio Winery Inc ( Sweetwineclub.com) Terms, your use of San Antonio Winery Inc ( Sweetwineclub.com) Sites, Applications or Services, or to any products sold or distributed by San Antonio Winery Inc (Sweetwineclub.com)or through San Antonio Winery Inc (Sweetwineclub.com) Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 737 Lamar St. Los Angeles CA 90031. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or San Antonio Winery Inc (Sweetwineclub.com) may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and San Antonio Winery Inc (Sweetwineclub.com subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving San Antonio Winery Inc (Sweetwineclub.com members, but is bound by rulings in prior arbitrations involving the same San Antonio Winery Inc (Sweetwineclub.com member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and San Antonio Winery Inc. (Sweetwineclub.com agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and San Antonio Winery Inc. (Sweetwineclub.com agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other San Antonio Winery Inc (Sweetwineclub.com members.
If for any reason a claim proceeds in court rather than in arbitration both you and San Antonio Winery Inc (Sweetwineclub.com) each waive any right to a jury trial. You and San Antonio Winery Inc (Sweetwineclub.com) also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any San Antonio Winery Inc (Sweetwineclub.com) Sites, Applications or Services, or any products sold or distributed by San Antonio Winery Inc (Sweetwineclub.com) or through San Antonio Winery Inc (Sweetwineclub.com) Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Unless you and San Antonio Winery Inc (Sweetwineclub.com) agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any San Antonio Winery Inc (Sweetwineclub.com) Sites, Applications or Services, or any products sold or distributed by San Antonio Winery Inc (Sweetwineclub.com) or through San Antonio Winery Inc (Sweetwineclub.com) Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of these Terms by San Antonio Winery Inc (Sweetwineclub.com) shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of San Antonio Winery Inc (Sweetwineclub.com) to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
United States Only
Unless otherwise specified, the San Antonio Winery Inc (Sweetwineclub.com) Services are presented solely for the purpose of promoting products and services available in the United States. San Antonio Winery Inc (Sweetwineclub.com) makes no representation that the San Antonio Winery Inc (Sweetwineclub.com) Services are appropriate or available for use in other locations. If you access San Antonio Winery Inc (Sweetwineclub.com) Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
These Terms and our Privacy Notice constitute the sole and entire agreement between you and San Antonio Winery Inc (Sweetwineclub.com) with respect to the San Antonio Winery Inc (Sweetwineclub.com) Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
San Antonio Winery Inc (Sweetwineclub.com) reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the San Antonio Winery Inc (Sweetwineclub.com) Referral Program, at any time. If San Antonio Winery Inc (Sweetwineclub.com makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at www.sweetwineclub.com www.sanantoniowinery.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.
Should you wish to terminate your membership due to a modification to the Terms, please contact Member Services at (323) 223-1401 or via live chat available at sweetwineclub.com between 6:00 a.m. and 5:30 p.m. Pacific Time, Monday through Friday or and between 7:00 a.m. and 4:00 p.m. Pacific Time, Saturday and Sunday. If you choose to continue using the San Antonio Winery Inc. (Sweetwineclub.com) Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
The date these Terms were last updated is set forth at the top of this page.
If you have questions or comments about these Terms or the San Antonio Winery Inc. (Sweetwineclub.com) Sites, Applications or Services, please write, phone or email us via the contact information below:
San Antonio Winery Inc (Sweetwineclub.com)
737 Lamar St.
Los Angeles, CA 90031
©2017 San Antonio Winery Inc (Sweetwineclub.com). All Rights Reserved.