TERMS & CONDITIONS
PAYMENT & MEMBERSHIP
1 ) All membership packages/plans will be split into 2 shipments of 6 bottles each or, for the FRIENDS & FAMILY PACKAGE, 12 bottles each.
2 ) The annual fee will be split into 2 payments, every 6 months, billed prior to shipping. A minimum of one year is required as a membership.
3 ) Wine prices includes Italy’s 22% VAT (sales tax) and shipping costs (based on US rates) If outside the US, cost will be adjusted accordingly.
4 ) Once a member, your membership will be automatically renewed each year unless cancelled by December 31 of the current year.
5 ) Cancellations can be made by email or phone
TERM OF USE
Welcome to www.barolowineclub.com owned and operated by A & C. The following terms and conditions, together with any documents they expressly incorporate by reference, ( “Terms of Use”), govern your access to and use of this site.
AGREEMENT TO TERMS & CONDITIONS: By using the web-site, you accept and agree to the terms of use and our privacy policy, which are incorporated herein by reference. Your use of this after these terms have been changed will mean that you agree to be bound to those changes. The date these terms were last modified is set forth at the end of these terms. If you do not want to agree to these terms of use or the privacy policy you must not access or use this web-site.
The Site is offered and available only to users who are 21 years of age or older for United States residents and over 18 years of age or older in the rest of the world.
AGE RESTRICTIONS TO PLACE ORDERS: The minimum legal age in the United States to order and buy alcohol is 21 years of age or older. The Company will not consider or take wine orders from any person from the US under the age of 21 or under 18 from the rest of the world. By using the Site, you warrant that you are at least this legal age to form a binding contract with A&C and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. By using this Site you are representing that the person ordering through A&C and by purchasing and receiving a shipment of wine from the Permit Holder is over the age of 21. You also agree that any wine purchased from the Permit Holder through this Site is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Web Site or accept these conditions.
Every effort is made with a wine order placed through this Site that the wine is not delivered to anyone who is under the age of 21.
TERMS FOR WINE ORDERS
PLACEMENT OF WINE ORDER: This Site allows you to review recommendations and trust in curated selections for wine and agree to purchase what is offered. A&C acts as a concierge service and Italian purchasing business to place your wine order with a Permit Holder who will import/export you this wine. Once your wine order is received and we confirm receipt of money to pay for this wine, which payment includes any taxes, shipping or handling fees, we will submit your order to an approved by an Italian liquor permit holder (“Permit Holder”). Once your wine order is accepted and fulfilled by the Permit Holder you become the owner of this wine. This wine sale takes place in Italy.
PAYMENT: At the time you place your wine order you will be required to pay the purchase price that includes the price of the wine, any applicable federal, state or local taxes, the payment for shipping wine to you if you so choose, and the costs and expenses we charge to complete this wine order. We accept payment electronically for orders placed through the BAROLO WINE CLUB Site by use of Stripe. If you place your wine order through means other than this Site payment can be made through Wire Transfer. Unless we otherwise agree, we must receive your payment before we will accept your order.
PRICING: The price you pay for the wine obtained through this Site is set by the Italian Permit Holder as allowed and in conformity with Italian law regarding the pricing and sale of wine. A&C aims to provide accurate pricing and product information. Your order is subject to cancellation by A&C or by the authorized Permit Holder, at the sole discretion of either party.
CONCIERGE SERVICE
The BAROLO WINE CLUB Site provides a concierge service that allows you to place orders for wine that we recommend. BAROLO WINE CLUB does not hold an American liquor permit, is not authorized to sell wine directly to you and does not hold itself out as having the ability or authority to do so. As a concierge service and wine consultant BAROLO WINE CLUB places your wine order with duly authorized businesses that hold United States and Italian alcohol retail sales permits (“Permit Holders”).
PROHIBITED USES
You may use the site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the site:
– Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.
– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm the Company or users of the site or expose them to liability.
– Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.
– To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
– To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
LINKS FROM THE SITE
If the site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
RELIANCE OF INFORMATION POSTED
The information presented on or through the site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the site, or by anyone who may be informed of any of its contents.
CHANGES TO THE SITE
We may update the content on the site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.
LINKING TO THE SITE & SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
THE SITE MAY PROVIDE CERTAIN SOCIAL MEDIA FEATURES THAT ENABLE YOU TO
– Send emails or other communications with certain content, or links to certain content, on the site or Facebook Page.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
– Establish a link from any website that is not owned by you.
– Cause the site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
– Otherwise take any action with respect to the materials on the site that is inconsistent with any other provision of these Terms of Use.
The site from which you are linking, or on which you make certain content accessible, must comply with all applicable federal, state, local, and international laws and regulations, and it must not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, misleading, or otherwise objectionable.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may also disable all or any social media features and any links at any time without notice in our discretion.
DISCLAIMER OF WARRANTIES
You understand that we cannot guarantee that files available for downloading from the internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website barolowineclub.com or to your downloading of any posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on a “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with A&C makes any warranty or representation with respect to the completeness, reliability, quality, accuracy or security of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, error-free, uninterrupted or reliable, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise will meet your needs or expectations.
The A&C hereby disclaims all warranties of any kind whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
LIMITATION ON LIABILITY
In no event will the A&C Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, on inability to use the website, any other website linked to it, any content on the website or such other website or any services or items obtained through the website, including any direct, indirect, incidental, consequential, special or punitive damages, including but not limited to personal injury, pain and suffering, loss of revenue, loss of profits, loss of business, emotional distress, or anticipated savings, loss of use, loss of goodwill, loss of data and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
WAIVER AND SEREABILITY
Our waiver of any term or condition set forth in these Terms of Use shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal 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 the Terms of Use will continue in full force and effect.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless BAROLO WINE CLUB, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the site, including, but not limited to, any use of the site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the site.
ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the site, and any service or material we provide on the site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the site, or the entire site, to users, including registered users.
YOU ARE RESPONSABLE FOR
– Making all arrangements necessary for you to have access to the site.
– Ensuring that all persons who access the site through your internet connection are aware of these Terms of Use and comply with them.
To place an order, you may be asked to provide certain registration details or other personal information through emails or on the Site. It is a condition of your use of the site that all the information you provide to A&C is correct, current and complete. You agree that all information you provide to place an order, including but not limited to through the use of any interactive features on the site or email, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
PROHIBITED USES
You may use the site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the site:
– Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.
– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm the Company or users of the site or expose them to liability.
– Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.
– To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
– To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
INTELLECTUAL PROPERTY RIGHTS
You must not reproduce, distribute, modify, publicly display, republish, store or transmit any of our intellectual property, except as follows:
– You may store files that are automatically cached by your Web browser for display enhancement purposes.
– You may print or download one copy of a reasonable number of pages of the site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
– If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
– Modify copies of any materials from this site.
– Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
– Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The BAROLO WINE CLUB name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of A&C or its affiliates or licensors. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on the site are the trademarks of their respective owners.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the site.
Your continued use of the site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the site so you are aware of any changes, as they are binding on you.
ENTIRE AGREEMENT
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and A&C with respect to the site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the site.
Effective Date: 01 January 2019