Duval's Wine Club Terms and Conditions
By submitting your Membership Application you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them. If you have any questions with respect to these Terms, please email firstname.lastname@example.org. Your acceptance of these Terms creates a binding contract governing the terms of your membership in the Duval's Wine Club (the “Club”) and no other statements, representations, materials or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these Terms instituted by Duval's as in accordance with these Terms.
1. Membership Benefits; Accounts. Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club members are entitled to receive the selected monthly wines (or such other designated wines as applicable to the particular membership of the member) and additional Club member benefits as provided from time to time by Duval's. The member benefits are presented in more detail on the Wine Club home page available under the Wine Club tab at Duval's website located at www.duvalsfls.com (the “Website”). Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled per Club membership, and accounts under the same name and address will automatically be combined. Membership benefits are only useable by the member and/or their spouse. Members are not allowed to provide membership benefits to anyone else. Notwithstanding anything published to the contrary with respect to Club benefits, not all Club membership benefits are the same for all members, and some special promotional offers, benefits and communications may be based on Club participation, information supplied by the member or the volume or type of purchases made by a member. Your membership status will be kept on premises at Duval's and you will receive member benefits according to information on file. In order to be eligible for membership benefits your account must be (1) open, (2) in good standing and (3) current membership fees must have been paid. Abuse of Club membership (for example, by failing to follow the Terms, allowing others to use your membership or other improper conduct as determined by Duval's in its sole discretion) may result in termination of your membership and disqualify you from future Club participation. In the event of any issues or discrepancies regarding membership benefits, Duval's must be notified within 30 days of your original transaction by contacting email@example.com.
2. Monthly Wine Availability. All Club members acknowledge that the selected monthly wines provided to Club members are limited in quantities and may not always be available at the time of your pick-up or delivery, especially in the event that you do not pick up your wine in the month for which such wine was offered. In all cases, Duval's, in its sole discretion, may substitute other wine for any wine that is no longer reasonably available, without any adjustment or refund. Any wine substitutions will be comparable to the selected wine in style and will be either equal to or greater in value than the wine that is out availability.
3. Fees. All fees for Club memberships and associated charges are automatically billed to your credit card. If your membership includes shipment or delivery in the extended delivery zone, the wine is shipped or delivered and the shipping or delivery charges are made on a monthly basis and must be setup separately from club membership fees. If your membership is a monthly membership, fees are charged on the fifth calendar day of the month prior to the wine being available for pickup, delivery or shipment on the third Thursday of the month. If your membership is a quarterly, bi-annual, or annual membership, all fees for your membership will be automatically billed to your credit card on the subsequent day that you signed up for membership. If you have purchased a quarterly, bi-annual, or annual membership, the fees for the entire period of the membership are charged up-front. All fees charged, are non-refundable except as expressly set forth in these Terms. Notwithstanding when fees are billed to a member, all Club benefits are activated promptly following registration in the Club, except that a member will not receive his or her monthly wines until the next month after registration. Please see pickup/delivery/shipment terms below for eligible wine reception.
4. Membership Term, Changes and Renewal: All memberships are on a term selected at time of signup by member, and your membership automatically renews each period of selected membership. If you wish to cancel your membership, you must let us know at least five (5) days before the end of the month preceding the month for which your cancellation is to be effective, and any fees already charged for any membership, including any quarterly, bi-annual, or annual fees, are non-refundable. In certain cases, Duval's in its sole discretion, may issue refunds to bi-annual and annual members if cancelled before two (2) months prior to the membership term be completed. Any refunds made to bi-annual or annual members will include a recalculation of fees that provides a prorate for the refund given to reflect the discount given to the bi-annual and annual members. In addition, it is your responsibility to inform Duval's of any changes to your membership record and information. Changes to your membership account and information, including cancellations, may be submitted via email to firstname.lastname@example.org or in person at Duval's. All changes, including cancellations, must be received at least five (5) days prior to any charge or shipment in order to be effective to avoid that charge or shipment. Fees will be due for any cancellations or changes not submitted prior to the Club’s processing time for a particular charge or shipment, as specified above.
5. Limitations; Legal Compliance. Member discounts and benefits are not valid with other special offers or discounts offered by Duval's. Member benefits are non-transferable. All goods, services and benefits provided by Duval's, including wines, are only provided and/or shipped to such states in which Duval's is licensed to provide such goods, services and benefits. Duval's is not engaged in the shipping or importing of wines or other products into or from any state, country or other jurisdiction where it is not so licensed. Membership in the Club is void where prohibited, and by joining the Club, you represent that your membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. If any product is requested to be provided in or shipped to any state where Duval's is not appropriately licensed, Duval's can refuse such shipment. Wines will be provided or delivered only to persons who are at least 21 years old. In joining the Club, you represent to Duval's that you are at least 21 years old and the person to whom delivery of any wine will be made is 21. When your wine is picked up or delivered, the person receiving the product will be required to show identification proving Club membership and that he or she is at least 21 years old. Wines provided or delivered by the Club are not for resale and are for personal consumption only. Duval's has the right to terminate or suspend the Club, or your membership in the Club, at any time and for any reason whatsoever, including, without limitation, following a change in law.
6. Delivery of Goods; Pickup/Delivery/Shipment. Members agree to the terms, that the selected wines of the month are available for pickup, delivery or shipment on or after the third Thursday of the month. All fees associated with shipments and deliveries must be paid for separately from club membership fees and paid for and scheduled directly with Duval's at both the members and Duval's convenience. If the registration in the club has taken place after the 12th of the month, the wines will be available for pickup five (5) days prior to the end of the month if not sooner. Any club members completing their membership signup on or before 7 days before the month concludes will obtain the next months wines as their first shipment and first month of membership in the club.
7. Damage During Shipment. If you have selected the option of shipment of your wine to you, the wine will be sent monthly, and there is no available return or exchange for shipped wines except as set forth in this paragraph. Wine is a delicate and perishable commodity, and if your wine is being shipped, conditions outside of the control of Duval's may adversely affect the wine during shipment. If your wine, at the time of delivery, is received damaged, spoiled or otherwise defective, you may contact us regarding the damage and Duval's may, in its discretion and based on the particular conditions of each such circumstance, send a replacement in exchange, which is your sole and exclusive remedy for damaged or defective product. Duval's will not refund shipping charges, and additional shipping and other charges will apply to deliveries to you that are returned as undeliverable or refused.
8. Unavoidable Delay. In the event of any circumstances outside of the control of Duval's and which prevent, hinder or delay Duval's from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials or means of shipping, Duval's obligations will be suspended for the term of such event or Duval's may elect to cancel the Club or Club membership for the affected members. In the case of cancellations for one of the reasons listed above, all membership fees will be refunded at a prorated rate for the term of the club members subscription that has not been carried out.
9. Changes in Shipping; Changes in Law. Shipping costs will vary by state and location and may be changed by Duval's from time to time. In addition, due to the ever-changing nature of alcohol and other wine related laws, we may, from time to time, be advised that we are not able to complete delivery of a wine or ship wine to you. If we are unable to ship your wine to you, we will offer you the option to change your membership to an in-store pick up membership and you can pick up your wines at Duval's. If that is not agreeable, you may cancel your membership in accordance with Section 4, above, and you may receive a refund of any membership fees paid for wine that we are not able to ship to you based on such a change in laws. In addition to changes in shipping charges, taxes and other related charges may change or may vary between states and locations, and retail wine prices and discounts will differ and vary from those related to wines provided by way of Club membership. Sales tax may also vary and Duval's collects sales tax as required by various local and state taxing authorities.
10. Best Value Guarantee. The Duval's Wine Club guarantees that the wines provided to members in their packages are a better value than they will find anywhere else in the state of Florida and will issue a refund to make up the difference of wine club wines found at a better value. The proof of value must be submitted to Duval's in person or at email@example.com. The best value guarantee is based on the wine package purchase as a whole. Due to the club wines being provided as a package, the proof of better value must be shown for all wines you receive as part of your package being available for purchase from the same retailer. All wines must match the exact varietal, vintage, winery, and appellation to the wines that are provided in the package at the time of membership wine release (The third Thursday of the month). All guarantee refunds will be made in the form of a company check and mailed to the club members address that was provided at membership signup. The Duval's Wine Club stands by their guarantee that the members of the club are receiving their wines at the best value on the market.
11. Wine Dinners and Wine Tastings. When making reservations for the club's wine dinners and wine tastings, members agree that all fees charged for wine dinners and wine tastings are non-refundable if reservations are cancelled within three (3) days of the date of the dinner or tasting. If cancelling reservations prior to three (3) days before the dinner or tasting, a full refund will be issued to the person making the reservation. Please allow up to fourteen (14) business days for the refund to post the credit card charged for reservations. All wine dinner and tasting dates/times are subject to change. If reservations are made prior to the change of date/time, there will be a notice sent to all reservations that the date/time has changed ensuring that the changes are able to be accommodated by the party who made the reservation. If the party is unable to uphold the change in date or time, a full refund of fees will be issued to the person who made the reservation. The refund will be credited back to the credit card which was used at the time of securing the reservation. Due to wine dinners and wine tastings having a limited capacity of attendees, if reservations are made through the Duval's wine club website and Duval's is unable to honor the reservations, a full refund will be issued.
12. Disclaimer. YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY DUVAL'S AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DUVAL'S, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. DUVAL'S WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT DUVAL'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By joining the Club, you agree to defend, indemnify, and hold harmless Duval's and its affiliates, and their respective owners, officers, directors, employees, representatives and agents, from and against any and all losses, claims, damages, costs and expenses related to your misrepresentation as to any information provided to the Club, your breach of any of these Terms or any misuse of any goods, services or other benefits of Club membership.
13. Personal Information. Duval's requires certain personal information from you to verify and administer your Club membership, and you agree that you have freely provided that information. Any personally identifying information you provide to Duval's or affiliated companies may be used for our internal business and for account management, customer service and related purposes; however, your personally identifying information will not be sold, licensed or disclosed to any parties other than Duval's affiliates. You authorize Duval's to send you marketing communications and special offers as part of your membership benefits. Notwithstanding any other statements or representations contained here or elsewhere, Duval's reserves its right to disclose any information in its possession if it is required to do so by law or legal process, or if it believes, in good faith, that such a disclosure is necessary to comply with law or legal process, to defend its rights or to respond to an emergency situation. If you are concerned about the information you have provided to Duval's, or have any questions regarding the retention of that information, please email firstname.lastname@example.org. Duval's will make reasonable efforts to resolve any concerns.
14. Governing Law; Venue. These Terms are governed by the substantive laws of the State of Florida, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Sarasota County, Florida with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
15. Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Duval's with respect to your membership in the Club and the goods, services and benefits provided by Duval's and related to the Club.
16. Change in Terms. These Terms shall remain in full force and effect while you are a member of the Club, and only Duval's may, in its sole discretion, modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. Duval's may make any such changes at any time, with or without notice, even though such changes may affect the value of the rewards and/or the time of redemptions. Provided, however, that any revision shall not apply to disputes of which Duval's had notice on or before the date the change or revision is instituted. To review the most recent version of these Terms, please regularly visit the Wine Club Terms & Conditions page available under the Wine Club tab on the Website.