Terms & conditions
Updated on October 23, 2017
“Company” or “we” or “us” or “Sommailier” shall mean Yung Beverages LLC, a California limited liability company, doing business as “Sommailier”. “Website” shall mean www.sommailier.com and other websites as added from time to time by Company. “Member” shall mean a member of any wine club, operated by Company.
- Legal Age. IMPORTANT: You must be 21 to purchase alcohol:
- Alcoholic beverages may only be sold and delivered to persons who are at least 21 years old and the person to whom delivery will be made is at least 21 years old.
- An adult signature is required at time of delivery.
- By submitting your order electronically, you are signing that you have read and understood the above conditions.
- Wine club membership: As a member of Sommailier wine club, you are entitled to receive one (1) case of wine (either 3 or 6 bottles depending on the club you choose) every three (3) months (approximately every twelve (12) weeks) while your particular Wine Club membership is active. The exact number of bottles, shipping schedule, quarterly cost charged to your method of payment, and applicable tax and shipping charges, vary between Wine Clubs and will be provided to you in your order summary prior to your purchase of the applicable Wine Club membership. Memberships to any particular Wine Club are limited to one (1) per household. Your membership in a particular Wine Club also provides that during the year you will receive promotional offers from us, for additional shipments of wine cases from Sommailier or Sommailier’s authorized licensed retailer.
- Shipping costs for wine will appear in the shopping cart before you complete your transaction. The carrier and service speed may vary by time of year.
- It is the recipient’s or gift giver’s responsibility to provide a current, shippable, physical delivery address. We cannot ship to P.O. Boxes, military APOs/FPOs/DPOs/MPOs or out of state and out of country addresses.
- In the event a shipment cannot be delivered due to an incorrect address or after three delivery attempts by the carrier, we reserve the right to charge the applicable carrier fee for rerouting to an alternative address or reshipping to the same address.
- If a shipment is returned to our facility, we will not reship until the recipient or gift giver has provided a deliverable address.
- Billings: If you are subscribing for yourself, you’ll be billed automatically right before we ship your wines to you. If you are sending a gift, you’ll be billed up front for the total number of gift months you wish to give.
- Cancellation: Individuals can cancel their club memberships at any time with no hidden fees or charges. Simply call us at 1-800-211-8909 or send us an email to firstname.lastname@example.org. If an order is already on its way, the cancellation will happen with the next order.
- Our Satisfaction Guarantee. Sommailier strive to ensure the satisfaction of their customers. While taste in wine is very personal and can vary widely among individuals, all the wines we feature on Sommailier’s website exceed our high standards of quality and value. If you are dissatisfied with a wine, please contact us within 30 days of your purchase to arrange a replacement. Wines being replaced for your satisfaction are added to your next club shipment to avoid additional shipping fees.
- Orders: All offers made pursuant to these Terms & Conditions are subject to availability. In the unlikely event that a particular wine selection is currently unavailable, either as part of an individual order or as part of a wine case shipped pursuant to a Wine Club membership, a substitute of similar style and of equal or greater value will be supplied in your shipment. The Company has the right to refuse orders should they not comply with the applicable laws or for any other reason and your payment will not be processed for such orders. The Company shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, the Company reserves the right to cancel affected orders and refund the charge to you as your sole remedy. The Company reserves the right to change product pricing and discounts offered at any time. IN THE EVENT PRODUCT PRICING CHANGES WITH RESPECT TO WINE CLUB SHIPMENTS, THE COMPANY WILL NOTIFY YOU IN ADVANCE OF SUCH PRICE MODIFICATION AND YOU WILL HAVE THE OPPORTUNITY TO CANCEL YOUR MEMBERSHIP TO THE WINE CLUB PRIOR TO BEING CHARGED FOR YOUR NEXT SHIPMENT.
- Returns: we are unable to accept returns on wine unless the product is corked or flawed. We are also unable to accept returns on wine that has been damaged due to adverse weather conditions during shipment.
- Contact Information: If you have any requests (including club or order cancelations), questions or comments about your orders made in connection with the Wine Club membership registration, your account, your personal information, the Company Website, or any other questions or comments relating to our products and services, please contact us at:
12837 Corbett ct, San Diego CA 92130
When you send an email to us, you agree that we may electronically communicate with you. You acknowledge that communications by email may not be confidential.
- Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms & Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- 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 Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
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.
- You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws.Trademarks. The Company name, Sommailier™, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- Trademarks: The Company name, Sommailier™, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses
- You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- 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).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- User Contributions
- The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
- All User Contributions must comply with the Content Standards set out in these Terms & Conditions.
- Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
- You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms & Conditions.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
- Monitoring and Enforcement; Termination
- We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & Conditions.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
- However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Termination of account and/or Wine Club Membership: The Company reserves the right to terminate your account and/or any Wine Club memberships at any time, with or without cause or notice, and which shall be effective immediately. If you wish to terminate your Account, you may do so by contacting us using the contact information provided in the “Contact Information” section of this website. You acknowledge and agree that any orders shipped before such termination are non-refundable.
- Modification: The Company reserves the right to modify any of the terms and conditions contained in these Terms & Conditions, at any time, at our sole discretion. We will notify you of any such modifications by posting a notice on the Company Sites promptly following any such modification. Your continued use of the Company Sites or your Account following such notification will be confirmation of your acceptance of such changes, except that the Company will give you prior written notification of material changes to the terms of your Wine Club membership and provide you with an opportunity to cancel your Wine Club membership. The Company Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Company Sites or because of a failure, suspension or withdrawal of all or part of the Company Sites.
- Indemnification: You agree to indemnify, defend and hold the Company and its employees, officers, directors and shareholders harmless to the fullest extent permitted by law from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from or attributable to: (i) your misuse of the Company Sites; (ii) anything you post to the Company Sites; (iii) your violation of these Terms & Conditions; (iv) your violation of the rights of any third parties; and/or (v) use of the Company Sites by any other person accessing the Company Sites using a computer or Internet access account that you provided to such person.
- Geographic Restrictions. The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in California. We make no claims that the Website or any of its content is accessible or appropriate outside of California. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside California, you do so on your own initiative and are responsible for compliance with local laws. Our sales are made in California, where the title to the goods passes to you, even in the case if you instruct us to contract on your behalf with a third-party carrier in order to ship the products to you outside California. In this latter case, you are solely responsible for this shipment, and any associates taxes, compliance obligations with applicable state law and indemnification provisions as per section  above. We disclaimer any representation as to the legality of the importing and/or shipment of the products into any states or countries outside the State of California.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES, OR LOSSES, EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS OR ANY OTHER COMPANY SITE.
- Governing Law: These Terms & Conditions and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of California pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles. Any legal suit, action or proceeding arising out of or related to these Terms & Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Diego and County of San Diego, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
- Attorneys’ Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to these Terms & Conditions, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
- Severability. If any term or provision of these Terms & Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms & Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms & Conditions so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.