Terms & Conditions
Welcome to Vinyawine.com
Please read these terms and conditions of use (“Terms”) carefully before using this website. Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. If you do not agree with any of these terms of service, do not access or otherwise use this site or any information or materials found on the site.
Vinya Food and Drink, LLC d/b/a Vinya Wine reserves the right to modify the Terms at any time with or without notice to you. Such changes are effective immediately upon posting on this Site and you are deemed to receive notice of such revisions at the time of posting and are bound by any such changes to the Terms. Vinya reserves the right to revoke any or all access and use authorizations granted to you regarding this Site.
You agree not to do any of the following while using the Vinyawine.com Web site or any of our sites:
- Intentionally or unintentionally violate any applicable law or regulation, agreement that you are bound by – including this Agreement – nor the rights of any other party;
- Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
- Access, tamper with, or use nonpublic areas of the Vinya Site or Vinya Wine's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution
- Frame or link to the Vinyawine.com Site or any of our other sites, unless permitted in writing by Vinyawine.com
The Sale of Alcoholic Beverages
Vinya Wine does not sell alcohol to persons under the age of 21 or anyone outside the United States. By using this site you swear and affirm that you are over the age of 21. Vinya Wine makes every effort to ensure that alcoholic beverages are not sold or 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 Vinya Wine is over the age of 21. You also agree that any alcohol purchased from Vinya Wine is intended for personal consumption and not for resale. If you do not agree with all of 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, we will report this to the appropriate authorities and Vinya Wine will prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all Vinya Wine and spirts passes from Vinya Wine to the purchaser in the State of Florida if purchased via our Miami, FL location. The purchaser assumes all responsibility for shipping the Vinya Wine from Florida to his/her home state. By arranging for transportation of any Wine or spirit, Vinya Wine is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Vinya Wine, the purchaser is representing that he/she is acting in a fashion compliant with his/her municipal, and state laws and any other laws that apply regarding the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, wine and spirits. The purchaser represents he/she has obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of the wine and/or spirits and is legally entitled to the quantities ordered and delivered and once again represents that he/she is at least 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 Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Vinya Wine. Vinya Wine neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized Vinya Wine employees acting in their official capacities.
You may become a Vinya Subscriber by providing the requested registration information and submitting it to Vinya through the Vinya Sites or Applications. By becoming a Subscriber and placing an order, you agree to receive a shipment of 4 bottles of wine from Vinya once a month until you cancel or pause your subscription. When starting a Vinya Wine Subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscriptions is a) cancelled or b) paused. To be eligible for the $95 Subscription pricing you will agree to with minimum 3 shipments. If cancelling before 3 shipments Vinya can invoice the discount from the regular $109 pricing. If pausing, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely. Your subscription may be cancelled at any time via our website, through the phone, or via email communication with our customer support team. If cancelling via phone or email, please allow up to 72 hours for cancellation. You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription. This includes cancelling a subscription and later starting one of a similar configuration. If you are unhappy with your purchase for any reason, please contact us at [email protected]. We are happy to help find a solution that works for you!
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, Vinya Wine 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. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Vinya Wine does not sponsor or endorse any of these companies or their services.
The Site may contain links to other web sites or resources. You acknowledge and agree that Vinya Wine is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Vinya Site does not imply that Vinya Wine endorses the linked site.
PROTECTION OF CONTENT PROVIDED BY VINYA WINE AND ITS LICENSORS
All text, graphics, logos, icons, images, audio clips and software on the Site ("Site Content") are copyrighted materials owned by or licensed to Vinya Wine. The Site Content may contain trademarks, service marks and trade names which are owned by Vinya Wine 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 Vinya Wine, its affiliates, or third parties. " Vinya Wine" is a trademark of Vinya Wine. Unless authorized in writing by an officer of Vinya Wine, Vinya Wine's trademarks may not be used in connection with any product or service that is not Vinya Wine's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vinya Wine. 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 Vinya Wine 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 Vinya Site. Nothing contained in the Vinya 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 Vinya Wine, 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 Vinya Wine, its affiliates, and/or any third party, as applicable.
COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
Vinya Wine 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 Vinya Wine's Designated Agent the following information:
Vinya Wine's Policy Concerning Claims of Infringement
Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to Vinya Wine'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.
VINYA WINE will give you any necessary notices by posting them on the Vinya Site. You authorize VINYA WINE to send notices via electronic mail as well if VINYA WINE decides, in its sole discretion, to do so. You agree to check the Vinya 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 Vinya Site.
DISCLAIMER OF WARRANTIES
ALTHOUGH VINYA WINE ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE VINYA SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE VINYA SITE. VINYA WINE DOES NOT WARRANT THAT YOUR USE OF THE VINYA SITE, OR THE OPERATION OR FUNCTION OF THE VINYA 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 VINYA 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. VINYA WINE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE VINYA SITE. THE VINYA 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 VINYA WINE 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 VINYA SITE, THE USE OR PERFORMANCE OF THE VINYA SITE, THE DELAY OR INABILITY TO USE THE VINYA SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VINYA SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VINYA SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VINYA WINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VINYA SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VINYA SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS VINYA WINE'S LIABILITY OR YOUR REMEDIES.
TERMINATION OF YOUR VINYA WINE ACCOUNT
Vinya Wine may terminate your Vinya Wine Account with or without cause at any time effective immediately.
NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
While Vinya Wine makes reasonable efforts to ensure all information on the website is accurate, mistakes may happen. Vinya Wine 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. Vinya Wine 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, Vinya Wine shall immediately issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO PRICES OR BILLING TERMS
VINYA WINE 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.
Vinya Wine shall be excused from performance under this Terms of Service if Vinya Wine 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 Vinya Wine.
The following provisions shall survive any termination of these Terms of Service: No Warranty from Vinya Wine, Limitation of Liability, Indemnity and General Provisions.
By using any Vinya Wine Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Vinya Wine.
Vinya Wine is committed to ensuring that persons with disabilities have access to our goods and services, including those offered through our website, www.VinyaVinya Wine.com. As such, we strive to adhere to the Web Content Accessibility Guidelines 2.0 and 2.1 Levels A and AA, a set of guidelines developed by the World Wide Web Consortium and used to ensure that digital content is accessible to everyone. Vinya Wine is always learning and looking for ways to improve accessibility.
If you have any questions about these Terms of Service, please contact us.