TERMS & CONDITIONS
You must be at least twenty-one years of age to make a purchase on our site. To verify that you are at least twenty-one (21) years of age, you will be required to enter your date of birth prior to completing a purchase on our site. Additionally, all deliveries of packages containing alcoholic beverages require the signature of a person who is at least twenty-one (21) years of age.
In order to make a purchase on our site, users are required to create a A Wine Journey account, access to which will require your e-mail address and a password that you create. Access to your A Wine Journey account is not authorized by any other person or entity using your e-mail address and/or password, and you are responsible for preventing such unauthorized use. An individual may only create one (1) A Wine Journey account. A Wine Journey account may not be sold, transferred, mortgaged, assigned, and/or pledged by any user.
RETURNS & REFUNDS
Due to various legal restrictions regarding the sale of wine and other items, we cannot refund our users for the purchase of any items sold through our site, nor can we accept returns. If you have a bad experience with A Wine Journey or if you get a bottle that is particularly undrinkable or possibly corked, please email us at firstname.lastname@example.org and we will attempt to address your concerns accordingly.
TERMINATION OF MEMBERSHIP
A Wine Journey reserves the right to deny service or access to our site or an account to anyone at any time if we determine, in our sole discretion, that such person has violated these Terms & Conditions.
Membership/Subscription Cancellation/Termination. You may cancel your membership/subscription at any time by emailing email@example.com. Please notify us at least 2 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.
A member's first AWJ wine club shipment will be billed at the time of purchase and shipped within 3-5 business days. All future wine club shipments will be shipped between the 5th - 8th of the shipping month. All wine clubs are shipped on a quarterly basis. Once an order ships, tracking details will be provided. Shipments typically take between 3-10 business days to arrive. Due to shipping delays caused during Covid, shipping takes can take up to 3 weeks.
ADULT SIGNATURE REQUIRED
The delivery carrier will require a signature from an adult 21 years of age or older in order to make the wine delivery. If you or your gift recipient are not able to be home to sign for your wine club shipments, we strongly suggest having your shipments sent to an office or business address where an adult 21 years of age or older is available to sign for the delivery. The delivery carrier will typically make 3 attempts to deliver the shipment and will then return the shipment to us. If you would like your shipment to be reshipped to you or your gift recipient, you will be charged a return shipment fee of $32 for all 4 bottle shipments, $40 for all 6 bottle shipments and $57 for all 12 bottle shipments.
SHIPPING ADDRESS CHANGE
Delivery address changes that are made between shipments are welcome and are free of charge. However, if you need a club shipment rerouted to a new address (when the package is in route), you will be charged a $20 address change fee.
CONDITIONS DURING SHIPPING
During times of inclement weather, either extreme heat or extreme cold, A Wine Journey reserves the right to delay shipments until conditions improve. Please be advised that A Wine Journey is not responsible for items damaged due to extreme weather conditions. We Ship At Your Request Title to and ownership of wine purchased from this website passes from A Wine Journey to the purchaser. The risk of loss for all purchased items also passes from A Wine Journey to the purchaser in the same manner and at the same time title passes to the purchaser. A Wine Journey does not convey or intimate the right of any person to transport beverage alcohol across any state border. The purchaser takes all responsibility for the shipping of his or her wine from California to his or her home state. By utilizing services of A Wine Journey, the purchaser represents that he or she is acting in a manner compliant with his or her state and local laws regarding the purchase, transport and delivery of wine. The purchaser represents that he or 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, is legally entitled to take quantities ordered, and certifies that he or she is at least 21 years of age. A Wine Journey reserves the right to choose any and all procedures, packaging and transporter of sold merchandise. A Wine Journey assumes no liability for breach of any regulation by the purchaser. A Wine Journey assumes no liability for any misinterpretation of the above provisions.
We may allow our users to purchase electronic gift cards ("Cards" or a "Card") on our site. Cards are valid only toward purchases made on our site, and your use of a Card indicates your agreement to be bound by these Terms and Conditions in their entirety. Cards are not refundable or redeemable for cash, and have no expiration date or card fees. You should protect your Card(s) like cash as lost, stolen or damaged Cards will not be replaced except in limited circumstances or where required by law, and only if the Card has never been used and with proof of purchase as required by A Wine Journey in its sole discretion. A Card is not a credit, debit, or charge card, and no implied warranties attach to it. The Cards are issued by A Wine Journey, and we reserve the right to change the terms of our gift card program at any time or to contract with a third party to administer our Cards.
By placing an order with one of our membership/subscription products clearly notated on specific product pages, checkout page and post checkout page, you agree to receive a shipment of wine from A Wine Journey on a recurring basis until cancelled. By purchasing a membership/subscription product, you authorize A Wine Journey to charge your credit card (including any applicable tax) for each A Wine Journey wine shipment until cancelled. Please notify us at least 2 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.
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 is due when you submit your order, and you hereby authorize A Wine Journey to charge such amount to your payment card at that time.
PROMOTIONS (Offers, Deals, Coupons, Specials, Discounts)
A specific offer, coupon/promo code, deal, discount or anything which reduces the price of a product or service on awinejourney.com will be referred to collectively as a promotion. Unless otherwise stated or written in an email or on an affiliate website containing a promotion, the terms of all promotions are as follows:
Use of any promotion is limited to one household or one customer. Promotions may not be combined with other promotions. When applicable the promotion with the largest reduction will take priority. Promotions may expire at any time without reason or notification to customers at the discretion of A Wine Journey. Any use of promotions incorrectly may be deemed invalid and revoked by A Wine Journey and the order cancelled or held until full payment is provided.
You agree to defend, indemnify and hold harmless A Wine Journey 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 A Wine Journey, Applications or Services.
LIMITATION OF LIABILITY
In no event will A Wine Journey, it's licensors or content providers be liable for damages of any kind, under legal theory, arising out of or in connection with your use, or inability to use, the sites and applications 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 torte (including negligence), breach of contract or otherwise, even if foreseeable. Use of the A Wine Journey sites and applications or their content is at your sole risk. In the event a gift card is non-functional, your sole remedy, and A Wine Journey's sole liability, shall be the replacement or such gift card.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND A WINE JOURNEY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate: You and A Wine Journey 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 A Wine Journey Terms, your use of A Wine Journey Sites, Applications or Services, or to any products sold or distributed by A Wine Journey or through A Wine Journey 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., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. 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 www.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 a mutually agreed location. You or A Wine Journey may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and A Wine Journey 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 other A Wine Journey members, but is bound by rulings in prior arbitrations involving the same A Wine Journey 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 A Wine Journey 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 A Wine Journey 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 A Wine Journey members. If for any reason a claim proceeds in court rather than in arbitration both you and A Wine Journey each waive any right to a jury trial.You and A Wine Journey 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 A Wine Journey Sites, Applications or Services, or any products sold or distributed by A Wine Journey or through A Wine Journey 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 we 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 A Wine Journey Sites, Applications or Services, or any products sold or distributed by A Wine Journey or through A Wine Journey Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in New York City, New York. 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 A Wine Journey shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of A Wine Journey 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 A Wine Journey Services are presented solely for the purpose of promoting products and services available in the United States. A Wine Journey makes no representation that the A Wine Journey Services are appropriate or available for use in other locations. If you access A Wine Journey 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.
Entire Agreement: These Terms and our Privacy Notice constitute the sole and entire agreement between you and A Wine Journey with respect to the A Wine Journey Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Modifications: A Wine Journey reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the A Wine Journey Referral Program, at any time. If A Wine Journey 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.awinejourney.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 A Wine Journey via firstname.lastname@example.org. If you choose to continue using the A Wine Journey 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.