Terms and Conditions

Welcome to Allvino

Allvino Site is operated by Swanky Wine Snob, LLC. and its affiliates (collectively referred to herein as “we,” “us,” or “our”).

 

PLEASE NOTE THAT YOUR USE OF THE ALLVINO SITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS OF SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS ALLVINO SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE ALLVINO SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY ALLVINO FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF ALLVINO SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

 

User Obligations

You agree not to do any of the following while using the Allvino Site: access, tamper with, or use nonpublic areas of the Allvino or Allvino’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. Use of images, frames or links to the Allvino Site are not permitted except as permitted in writing by Allvino.

 

Refund Policy

100% of your purchase price will be fully refunded if you are not satisfied with your purchase.

 

The Sale of Alcoholic Beverages

Allvino does not sell alcohol to persons under the age of 21. By using this site, you swear and affirm that you are over the age of 21. Allvino makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Allvino is over the age of 21. You also agree that any alcohol purchased from Allvino is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Allvino will prosecute you fully to the extent allowable by law.

 

Title and Ownership

Title to and ownership of all wine passes from Allvino to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Allvino is providing a service to and acting on behalf of the purchaser. By utilizing this service from Allvino, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered, and once again authorizes that he/she is 21 years of age.

 

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events, or other information or content expressed or made available on this Allvino Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Allvino. Allvino neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Allvino Site by anyone other than authorized Allvino employees acting in their official capacities.

 

Parental Control Protections

As required by the Communications Decency Act of 1996, Allvino hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Allvino does not sponsor or endorse any of these companies or their services.

 

GIFT CERTIFICATES

Gift certificates must be redeemed through the Allvino website, http://www.Allvino.com, toward the purchase of products listed in the Allvino online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as Allvino Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. The original expiration date will apply to any unused balance. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the Allvino website are subject to Allvino’s General Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please visit Allvino online at http://www.Allvino.com. Allvino will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through Allvino website or is redeemed and used to make purchases on the Allvino website. Allvino may provide gift certificate purchasers with information about the redemption status of gift certificates. Allvino gift certificates are issued and sold by Allvino Gift Certificates.

 

By visiting Allvino, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions.

 

Protection of Content Provided by Allvino and Its Licensors

All text, graphics, logos, icons, images, audio clips, and software on the Allvino Site (“Site Content”) are copyrighted materials owned by or licensed to Allvino. The Site Content may contain trademarks, service marks, and trade names which are owned by Allvino and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Allvino, its affiliates, or third parties. “Allvino” is a trademark of Allvino. Unless authorized in writing by an officer of Allvino, Allvino’s trademarks may not be used in connection with any product or service that is not Allvino’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Allvino. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Allvino or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Allvino Site.

 

Nothing contained in the Allvino Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Allvino, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Allvino, its affiliates, and/or any third party, as applicable.

 

Copyrights and Designated Agent for Notification of Claims of Infringement

Allvino respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Allvino’s Designated Agent the following information: Allvino’s Policy Concerning Claims of Infringement a. Written Notice of Copyright Claims. b. Claims of infringement should be in writing and should be directed to Allvino’s designated agent as specified below. Please include the following information: A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Notices ALLVINO will give you any necessary notices by posting them on the Allvino Site. You authorize ALLVINO to send notices via electronic mail as well if ALLVINO decides, in its sole discretion, to do so. You agree to check the Allvino Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Allvino Site.

 

Disclaimer of Warranties

ALTHOUGH ALLVINO ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE ALLVINO SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE ALLVINO SITE. ALLVINO DOES NOT WARRANT THAT YOUR USE OF THE ALLVINO SITE, OR THE OPERATION OR FUNCTION OF THE ALLVINO SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE ALLVINO SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. ALLVINO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE ALLVINO SITE. THE ALLVINO SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

Limitation of Liability

IN NO EVENT SHALL ALLVINO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ALLVINO SITE, THE USE OR PERFORMANCE OF THE ALLVINIO SITE, THE DELAY OR INABILITY TO USE THE ALLVINO SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ALLVINO SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ALLVINO SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALLVINO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ALLVINO SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ALLVINO SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS ALLVINO’S LIABILITY OR YOUR REMEDIES.

 

Your Privacy Termination of your Allvino Account, Allvino may terminate your Allvino Account with or without cause at any time effective immediately. No Responsibility to Sell Mispriced Products or Services Allvino shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Allvino shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Allvino shall immediately issue a credit to your credit card account in the amount of the charge.

 

Modifications to Prices or Billing Terms

ALLVINO RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

 

Force Majeure

Allvino shall be excused from performance under this Terms of Service if Allvino is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Allvino.

 

Survival

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

 

General Provisions

You agree that Allvino and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Allvino Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Allvino to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Allvino in writing. The Terms of Service, along with the Allvino Privacy Policy, comprises the entire agreement between you and Allvino and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Allvino. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Allvino shall be null and void. These Terms of Service will inure to the benefit of Allvino’s successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. Federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site. If you have any questions about these Terms of Service, please contact us.

 

Privacy Policy

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for this web site only.

 

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

 

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.

 

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes. Commitment to Data Security Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

 

Privacy Contact Information

If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below: By E-mail: info@allvino.com

We reserve the right to make changes to this policy. Any changes to this policy will be posted.

Information Collection and Use

Allvino is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in any way that varies from what is disclosed in this statement. Allvino collects information from our users at several different areas on our site. You may receive information regarding new features, services and special offers we think you’ll find valuable. We may also share information with carefully selected business partners. These businesses may use the information we share to provide valuable opportunities and offers. If you’d like to opt out of future mailings from Allvino, follow the procedure outlined in the Choice/Opt-out section below. When we present you with the opportunity to receive marketing opportunities from our business partners we will not automatically subscribe you for these promotions, rather we will provide you with the opportunity to opt-in to these third party marketing programs. You may also access the personal information you have submitted to Allvino by selecting “Your Account” and editing the information as it exists in our system currently. You are also able to access your information in order to update or delete it by sending us an email at support@allvino.com for users of the Community section of Allvino, please see “Writing Reviews/Community” section.