Terms of Use

Welcome to WineStylesStore.com (this "Site").

The Winestyles® franchise system is a network of wine boutique franchises, with stores in more than 60 locations across the United States, Puerto Rico and Mexico. Each WineStyles franchise is locally owned and operated.

This Site is owned and operated by WineStyles, Inc. ("WineStyles," "we," "us", and "our"), the owner of the WineStyles® franchise system. We operate this Site for the benefit of our franchisees and their customers. This Site provides a quick and easy way for you to find and place orders with your local WineStyles store.

Your Consent to These Terms of Use

Your use of this Site is subject to these Terms of Use ("Terms of Use"). By accessing or using this Site, you agree to be legally bound by these Terms of Use. Please read these Terms of Use carefully. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS OF USE, YOU MUST LEAVE THIS SITE IMMEDIATELY.

You Must Be at Least 21 Years Old to Use this Site

You must be at least 21 years old to use this Site. By accessing or using this Site you represent and warrant to WineStyles and its franchisees that you are at least 21 years old. IF YOU ARE NOT AT LEAST 21 YEARS OLD, YOU MUST LEAVE THIS SITE IMMEDIATELY.

These Terms of Use May Change

We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version on this Site. These changes will be effective as of the date we post the revised version on this Site. By accessing or using this Site following any such change, you are agreeing to be bound by the revised Terms of Use. We will alert you to changes in these Terms of Use by providing a notice at the top of this page for at least 30 days after the new effective date. For this reason, it is important for you to review our Terms of Use on a regular basis.

You may view or print the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" at the bottom of each page of this Site.

Supplementary Notices

These Terms of Use may be supplemented or amended from time to time by instructions, rules and other notices ("Notices") posted on certain pages of this Site. Generally, these Notices contain special terms and conditions that govern certain features or functionality of this Site. All such Notices are part of and hereby incorporated into these Terms of Use.

Our Online Privacy Policy

Our Online Privacy Policy (our "Privacy Policy") describes how we protect your privacy when you use this Site. To review our Privacy Policy click here. Our Online Privacy Policy is part of and is incorporated into these Terms of Use.

Allergies to Sulfites

Some wines contain sulfites. You are responsible for knowing whether you are allergic to sulfites. WineStyles and its franchisees are not responsible and will not be liable to you if you have an allergic reaction to wine you purchase from a WineStyles store.

Sale and Regulation of Alcoholic Beverages

All Wine Orders Are Filled by Your Local WineStyles Store. WineStyles does not sell alcoholic beverages through this Site. We simply provide a quick and easy way for you place an order with your local WineStyles store. Here is how it works: If you wish to use this Site to place an order, we will ask you to identify your shipping destination or pick-up location. We will then ask you to select a nearby WineStyles store to shop ("your local WineStyles store"). If you submit an order to purchase wine, we will forward your order to your local WineStyles store. If your local WineStyles store accepts your order, your local WineStyles store will arrange for shipment to your shipping destination or hold your purchase for pick-up, in accordance with your instructions and applicable laws. Each WineStyles franchise is locally owned and operated and is required to abide by federal, state and local laws regarding the sale and shipment of alcoholic beverages.

Conditions of Sale. WineStyles and its franchisees do not sell or ship alcoholic beverages to persons who are under the age of 21, nor do we sell alcoholic beverages for resale. By using this Site, you represent and warrant to WineStyles and its franchisees that you are 21 years or older and that any person you designate to receive a shipment of alcoholic beverages is 21 years or older. You also agree that any alcoholic beverages you order through this Site will be used only for personal consumption and will not be resold. If you misrepresent your age, the age of the person you designate to receive a shipment of alcoholic beverages, or the intended use of the alcoholic beverages you order through this Site, intentionally or unintentionally WineStyles and its franchisees reserve the right to prosecute you to the full extent of the law. IF YOU DO NOT AGREE TO THESE CONDITIONS, YOU MAY NOT USE THIS SITE AND MUST LEAVE THIS SITE IMMEDIATELY.

Gift Cards

If you wish to purchase a WineStyles gift card, Winestyles will forward your order to the local WineStyles you select. Your gift card will be activated by the local WineStyles store and may be redeemed at any WineStyles store, on this Site, and participating franchisees. WineStyles gift cards do not expire and cannot be redeemed as cash or refunded or returned, except as required by applicable by law. WineStyles is not responsible for lost, stolen or damaged gift cards. Please check your local state laws regarding gift cards.

Due to federal, state and local laws restricting the shipment of alcoholic beverages, we suggest that you make sure your gift card recipient is near a WineStyles store location for in-store pick up or in a state to which alcoholic beverages may legally be shipped. Non-alcoholic items are available for shipping into any state or region.

Any questions or disputes regarding gift cards should initially be resolved at the local WineStyles store (the WineStyles store listed on your receipt). If you do not receive satisfaction, please contact WineStyles at 1-866-424-WINE (9463).

Returns and Refunds

Our franchisees offer their our customers a 100% satisfaction guarantee. If for any reason, you are unsatisfied with your purchase, please first contact the WineStyles store listed on your receipt ("your local Winestyles store") within 30 days of purchase. Items must be returned to your local WineStyles store for an exchange or refund or in-store credit. Shipping costs will be deducted from your refund. If a refund is issued, the refund amount will be placed back on the credit card account you used to make the original purchase. If your purchase was picked up at your local WineStyles store, it must be returned to the same location for a return. Products that have been ordered online and shipped, must be returned or shipped back to your local WineStyles store. Please include a copy of your receipt and indicate the reason for return. If you are returning an item that contains alcohol, it must be returned in the original packaging and shipped by an authorized alcohol shipping company. It is against federal law to ship wine or alcohol via United States mail. Only approved alcohol packing material is permitted to be shipped by Federal Express or UPS, therefore it is important to return your purchase in the original packaging as provided by your local WineStyles store.

If your product was damaged in shipping, please contact your local WineStyles store directly and Federal Express immediately to file a claim. Original and return shipping costs are not refundable by WineStyles nor your local WineStyles store. Shipping guidelines of Federal Express applies to all shipments.

Should you have any further questions about your return, please contact your local WineStyles store directly.

Shipping Policies

Online orders will be shipped from the WineStyles store nearest to the destination zip code ("your local WineStyles store"), as permitted by state and local laws. By law (and pursuant to FedEx requirements), any shipment of alcohol must be signed for by an adult who is 21 years or older, as shown on a valid picture ID issued by a government agency. Accordingly, all shipments of alcoholic beverages will require the signature of an adult who is 21 years or older and a valid picture ID issued by a government agency. The delivery carrier will verify the age of the person signing for the delivery. It is your responsibility to ensure that an adult is available to sign for the shipment at the time of delivery. If no one 21 years or older will be home to sign for shipment, we suggest shipping to your place of business instead. No deliveries will be made to a visibly intoxicated person. If the carrier is unsuccessful, your order will be returned to your local WineStyles store. If you choose to ship again, there will be an additional shipping fee.

To avoid spoilage during hot weather or extreme conditions, we recommend you pick up your order directly at your local WineStyles store or select overnight shipping. If overnight shipping is not selected and items are spoiled, melted or damaged, WineStyles is not responsible or liable for any damages.

Shipping laws governing interstate shipment of alcoholic beverages are constantly changing and may affect your local WineStyles store's ability to ship your order. If you are trying to ship an item that can not lawfully be shipped to the destination you have specified, our online ordering system will suggest selecting a different destination or selecting a non-alcoholic item.

Shipping Carrier

All packages are shipped via FedEx. Most packages are shipped ground, however, WineStyles may reserve the right to ship overnight during summer months to prevent spoilage. FedEx will not deliver wine shipments under the following circumstances:

Shipping Rates

If you choose to "pick up" at local your WineStyles store, there will be no shipping charges. If, however, you choose to have your order shipped, shipping rates will be calculated and based on the destination zip code and method of delivery by Federal Express. Original and return shipping costs are not refundable by WineStyles or your local WineStyles store.

Availability of Particular Wines and Vintages

From time to time, particular wines and vintages will sell out or be replaced. Each order is fulfilled by your local WineStyles store and depends on your local WineStyles store's inventory levels. If an item on your order can not be filled, your local WineStyles store may contact you regarding a substitute item.

Ownership of Site and Content

All rights, title and interests in this Site, including all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through this Site (collectively, "Content") are owned by WineStyles or its franchisees or by other third parties who have licensed their Content to us. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and WineStyles owns the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content on this Site to which you have properly gained access, but only in connection with a corporate gift, if you are accessing this Site on behalf of your company or for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Site except as expressly provided in these Terms of Use without our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Site or its Content to you or anyone else, except the limited license to use this Site and its Content on the terms expressly set forth herein.

Third-Party Content

Some of the information, articles and other materials available through this Site are provided to WineStyles by third parties, including, for example, wineries that produce the wines selected by WineStyles. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. WineStyles does not endorse these materials or the third parties who supply them to us, nor does WineStyles warrant or represent that these materials are current, accurate, complete or reliable.

User Content

Rules Governing User Content. The following additional terms and conditions apply when you post wine reviews, comments or other content on this Site ("User Content").

You may not:

Right to Monitor and Remove User Content. You understand that WineStyles has the right (but not the obligation) to monitor User Content and the right (but not the obligation), in its sole discretion, to remove any User Content that violates these Terms of Use or for any other reason.

Ownership of User Content. The User Content you provide to us shall be and remain exclusively the property of WineStyles. Your submission of User Content will constitute an assignment to us of all worldwide rights, title and interests in your User Content, including all copyrights and other intellectual property rights in your User Content. By submitting User Content, you represent and warrant to WineStyles and its franchisees that the User Content is your original work. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any User Content that you do not wish to assign to us. The foregoing notwithstanding, we will not use your User Content in a way that identifies you personally without your permission.

Your Privacy. To protect your privacy, do not use your full name or provide other information that would allow others to identify you personally when you post User Content on this Site.

Agent to Receive Notification of Claimed Infringement

WineStyles does not knowingly violate or permit others to violate the copyrights of others. It is your responsibility to make sure that you do not post User Content that violates the copyrights of others. We reserve the right to deny you access to this Site if you post or transmit infringing Content on or through this Site. Please notify our Copyright Agent immediately if you have reason to believe any part of the Content of this Site infringes the copyrights of others. Before doing so, you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes available at http://www.copyright.gov/fls/fl122.html

Notice of Claim of Copyright Infringement. If you are the copyright owner or are authorized to act on behalf of the copyright owner, please notify our Copyright Agent immediately of any claim of copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity).

Your notice must be in writing and must include the following:

Your notice must be signed (physically or electronically) and must be addressed as follows:

WineStyles, Inc.
c/o Barry Diamond, PA
9728 West Sample Road
Phone: 954-752-5000
Fax: 954-752-0558
E-mail: bdiamondlaw@bellsouth.net

Trademarks

This Sites contains registered and unregistered trademarks of WineStyles and third parties (the "Trademarks"). You may not use any Trademarks displayed on this Site without the prior express written permission of WineStyles or the trademark owner.

"WineStyles®" is a registered trademark of Winestyles and is licensed to WineStyles franchisees.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding this Site and the WineStyles concept, including your ideas for new features and other ways that we and our franchisees can make this Web site or our stores more useful to you (collectively, "Feedback"). Note, however, that any Feedback you provide to us through this Site shall be and remain the exclusive property of WineStyles. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

DISCLAIMER OF WARRANTIES

THIS SITE AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WINESTYLES AND ITS FRANCHISEES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WINESTYLES AND ITS FRANCHISEES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

WINESTYLES IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER POSTINGS. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING, FALSE, OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON THIS SITE OR IN CONNECTION WITH YOUR USE OF THIS SITE.

UNDER NO CIRCUMSTANCES, SHALL WINESTYLES OR ITS FRANCHISEES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WINESTYLES OR ONE OF ITS FRANCHISEES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WINESTYLES AND ITS FRANCHISEES (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT, IF ANY, OF ANY AMOUNTS PAID BY YOU TO WINESTYLES OR THE APPLICABLE FRANCHISEE IN CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR IF YOU HAVE PAID NO SUCH AMOUNTS, $10.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Parental Control

As required by the Communications Decency Act of 1996, WineStyles 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. WineStyles does not endorse any of these companies or their services.

Links to Sites Operated by Third Parties

This Site may contain links to websites operated by third parties, including our franchisees. We do not control these sites and do not endorse or assume any responsibility or liability for the information, products and services provided through these sites. Before you use any site operated by a third party, you should review the applicable terms of use and policies. If you access a third-party site through this Site, you do so at your own risk.

Links to Other WineStyles Websites

This Site may contain links to other websites owned by WineStyles. Different websites were designed for different purposes and, therefore, may have different terms of use and privacy policies. These Terms of Use (and the Online Privacy Policy referenced above) apply only to WineStylesStores.com. Before you use any other WineStyles website, you should review the applicable terms of use and policies for that website.

Interpretation

As used in these Terms of Use, the term "including" means "including, but not limited to."

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

WineStyles headquarters are located in Margate, Florida, USA. These Terms of Use shall be governed under the laws of the State of Florida without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use contain the entire understanding and agreement between you and us with respect to the Services and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to the Services.

Questions About These Terms of Use

If you have questions about these Terms of Use: