By submitting an order request through Vine Drop (“Vine Drop”), via the Vine Drop Text Message Service (“the Text Service”) or the Vine Drop Website (“the Site”), you agree to be bound by the following Vine Drop ("Vine Drop", "we", "us" or the "Company") Terms.
Vine Drop may, in its sole discretion, revise the Terms Of Service from time to time, and it is your responsibility to review the Vine Drop Terms Of Service each time you submit an order request through the Text Service or Site. Your continued use of the Vine Drop Text Service or Site, or your submission of an order request through Vine Drop, constitutes your agreement to any such modifications.
Message & data rates may apply while using Vine Drop. You may opt-out of text message wine offers at any time by replying to a message with "STOP".
Order requests submitted through Vine Drop are not fulfilled by Vine Drop. Vine Drop does not sell, offer to sell, solicit, or fulfill sales of alcohol. Vine Drop has partnered with third-party licensed Retailers (“Retailer”) who sell alcohol through Vine Drop. This Retailer will be the sole party responsible for the sale of alcoholic beverages to you. The Retailer is responsible for compliance with all applicable laws and regulations.
The Vine Drop service enables you to purchase alcohol and other products available for sale by licensed alcohol retailers that use our text message/e-commerce service. The service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When Vine Drop shares with you details of a product, the service shows you its availability, price and other information provided by the retailers that service your location. Our service may be limited or not available at all in some places due to local law or other restrictions. When you order, it is an offer to purchase from a Retailer. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Retailer at that time. The Retailer reviews your order and decides whether to accept it. If the Retailer decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the shipment per these Vine Drop Terms of Service and per Retailer policies. The Retailer may reject the order request for any reason, including, but not limited to: inadequate inventory, errors in pricing, compliance with any applicable laws and regulations, or any reason stated in Retailer’s policies. Consult the Retailer’s policies for further information. Title to, and ownership of, all alcohol beverages passes from a licensed Retailer to the purchaser, and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the alcohol beverages, Vine Drop LLC is providing a service to and acting on behalf of the purchaser. By utilizing this service from Vine Drop LLC, 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 alcohol beverages. 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 alcoholic beverages and is legally entitled to take quantities ordered and authorizes that he/she is 21 years of age. These Vine Drop Terms Of Service govern your relationship with Vine Drop, but you must consult the Retailer’s website for additional terms, conditions, or policies that may apply to your relationship with and your purchase from the Retailer. Submitting an order request through Vine Drop constitutes your agreement to any and all applicable Retailer policies.
A licensed Retailer or their delivery provider may refuse to deliver your order if they believe that furnishing alcohol to you or the person accepting the delivery on your behalf is illegal, unsafe or inappropriate. If a delivery cannot be made for this or any other reason, you may be charged a restocking fee. Subsequent delivery attempts are at the discretion of the Retailer and are subject to redelivery fees. A retailer may refuse, cancel or adjust your order for any reason.
If you wish to cancel your order, you must notify Vine Drop within twenty-four (24) hours of submitting your order request by contacting us through email at email@example.com. Cancellation requests received by Vine Drop on Saturday and Sunday may not be processed until the following business day.
Requests for cancellation outside of this twenty-four (24) hour period may be considered by the Retailer at their sole discretion. Orders that have already shipped cannot be cancelled, even if you notify Vine Drop within twenty-four (24) hours of submitting your order request. Accordingly, contact Vine Drop through email at firstname.lastname@example.org as soon as possible if you wish to cancel. Consult the Retailer’s policies for further information. Please note that Vine Drop may impose a restocking fee to any cancellations outside of the twenty-four (24) hour period.
To submit an order request through Vine Drop, you will be required to provide payment, billing, and shipping information when you first sign up for an account through The Site. The billing address you provide must match the address on your credit card statement. Subject to paragraph 5 below, you may provide a shipping address that differs from your billing address. Please ensure all order information is correct. Once the Retailer has accepted your order request, and the twenty-four (24) hour cancellation period has expired, changes to this information may not be possible, and if possible, additional fees or penalties may apply. Consult the Retailer’s policies for further information.
IN THE UNITED STATES, ALCOHOLIC BEVERAGES MAY BE SOLD AND DELIVERED ONLY TO PERSONS WHO ARE AT LEAST 21 YEARS OLD AND BY PLACING YOUR ORDER, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT THE PERSON TO WHOM DELIVERY WILL BE MADE IS AT LEAST 21 YEARS OLD AND CAN ACCEPT DELIVERY OF ALCOHOLIC BEVERAGES. ALL DELIVERIES OF ALCOHOLIC BEVERAGES WILL REQUIRE THE SIGNATURE OF A PERSON AT LEAST 21 YEARS OLD. THE SHIPPER RESERVES THE RIGHT TO REQUEST TO REVIEW THE RECIPIENT’S PHOTO ID FOR AGE VERIFICATION BEFORE DELIVERY IS MADE.
If your order request is accepted by the Retailer, the Retailer will ship your order to the shipping address you provide. We recommend providing a business or commercial address for the shipping address. When providing a business or commercial address, ensure there is an adult at least 21 years old present to receive and sign for the package during business hours.
If you are unable to collect your wine and it comes back to us, we will charge a return shipping fee as well as a reshipping fee (if your wine is reshipped to you).
Please ensure all shipping information is correct. Once the Retailer has accepted your order request, changes to the shipping information may not be possible, and if possible, additional fees or penalties may apply. To request changes to the shipping information for your order, please email email@example.com. Additionally, if the package cannot be delivered to the shipping address provided, additional fees or penalties may apply. Consult the Retailer’s policies for further information.
The shipment of your order might be delayed due to extreme weather conditions (i.e., hot or cold temperatures that could damage your order). The Retailer may hold the shipment of your wine during extreme weather conditions. The Retailer will inform Vine Drop of the weather hold request, and Vine Drop will contact the purchaser with this update. The Retailer may have an option that allows the customer to pay an additional cost for expedited shipping or ice packs.
If your order request is accepted by the Retailer, payment will be processed utilizing the credit card payment information you provide. The fees charged hereunder, include applicable sales and use taxes, and any other tax measured by sales proceeds, that Vine Drop or the applicable Retailer is permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. Your credit card statement will state the Retailer’s name as responsible for the sale and fulfillment of alcoholic beverages to you.
By entering credit card payment information, you represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction initiated through Vine Drop. Vine Drop reserves the right to take legal action against persons attempting to fraudulently utilize credit card payment information. Consult the Retailer’s policies for further information.
It is our goal for you to enjoy every bottle of wine you order through Vine Drop. If you are not satisfied with any wine you received through Vine Drop, email us at firstname.lastname@example.org within 30 days of delivery. We will work with you to resolve the problem. Please note that customers are responsible for covering the cost of return shipping, return packaging, and any pick-up fees associated with their order. Additionally, while this is quite rare, if you receive a broken or damaged bottle, just email us at email@example.com within 30 days of delivery, and we will work to resolve the issue. Subject to paragraph 3 above, updates or cancellations to orders must be submitted within twenty-four (24) hours after your order date and time. To cancel your order, please email firstname.lastname@example.org.
You agree that the Website, all content on the Website (including all designs, texts, graphics, pictures, video, information, and their selection and arrangement), and all Services provided by the Company are the exclusive property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. You may not use, replicate, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, any Company IP without our prior written consent, which may be withheld in our sole discretion. For so long as you are eligible to use the Website and you act in accordance with the terms of this Agreement: (i) You are granted a limited license to access and use the Website and Services solely for your personal non-commercial use; and (ii) You are granted a limited license to access, use, download, or print a copy of any portion of the website content to which you have properly gained access solely for your personal non-commercial use. You must never download or republish any website content or Company IP on any Internet website and you must not incorporate any related information into any other database or compilation; and, any other use of the website content or Company IP is strictly prohibited. Such limited license is subject to all terms of this Agreement. Any use inconsistent with this Agreement shall result in termination of all licenses granted herein. In addition, the Company will take legal action in connection with any violation of this Agreement. Any use of the Website, Text Message Service, Company IP, or any website content, other than as may be specifically authorized herein, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited. Such unauthorized use might also violate applicable laws, including copyright or trademark laws and communications statutes and regulations. This Agreement does not purport to transfer any license to any intellectual property right, whether by grant, estoppel, implication, or otherwise. At any time and from time to time, and without your consent, we may unilaterally revoke any license that we grant, in our sole discretion and without any notice or cause.
You acknowledge and agree that any information posted on our Website and shared with you through our Text Message Service or any other communication from Vine Drop is not intended to be legal advice or medical advice, and no fiduciary relationship has been created between you and the Company. The Company does not assume responsibility or liability for any advice or other information given on the Website, through our Text Message Service, or any other communication through Vine Drop.
The Company undertakes to be as accurate as possible with all information regarding the goods promoted through the Company, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Text Message Service; b) Violate the security of the Website or Text Message Service through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network. Additionally, the Company does not accept responsibility for the security of your account or account information. You agree that your use of the Website is at your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website and/or Text Message Service, your breach of this Agreement, or your conduct or actions. You agree that the Company shall have the right to select its own legal counsel and participate in its own defense, if the Company wishes, without jeopardizing the rights to have you defend and indemnify the Company and hold us harmless as provided under this paragraph 12. Should the Company select its own legal counsel, the fees and expenses of such counsel shall be at the Company’s expense unless you have failed to employ counsel to defend the Company.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT VINE DROP LLC AND ITS RELATED PARTIES ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE, OR LIEN, WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHERWISE, THAT ARISES OUT OF OR RELATES TO (A) THIS AGREEMENT, (B) YOUR USE OR INABILITY TO ACCESS THE WEBSITE, (C) INABILITY TO USE THE SERVICE, (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA. YOU DO HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OF THE WEBSITE, OR (III) INABILITY TO USE THE SERVICE (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA IS LIMITED TO THE SUM OF $10. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Through your use of the Website and Text Message Service, you agree that the laws of the State of Florida shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree (i) that all such disputes and litigation shall be litigated exclusively in the state courts in Broward County, Florida (to the exclusion of any Federal Courts), and (ii) to submit to and hereby consent to the jurisdiction and venue of the state courts in Broward County, Florida for such purposes. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine, and further waive any challenge or contest to jurisdiction and any and all rights to remove such action from state to federal court. The Parties each expressly waive any and all rights they may have to a jury trial in regard to any such litigation.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration (including whether or not the dispute is subject to arbitration). The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, each expressly waive any rights they may have to a jury trial in regard to arbitral claims.
These Vine Drop Terms of Service were last updated as of: October 25, 2021.