Terms & Conditions
Terms & Conditions
The terms “WineJug”, https://winejugcompany.com, “us”, and/or “we” refer to the owner of this website. The terms “you”, “your”, “purchaser”, and/or “customer” refer to any person who is using or viewing this website.
Your use of this website is subject to these Terms & Conditions. If you do not agree with any of the provisions in our Terms & Conditions, you may not access or otherwise use our website or purchase products from us. Your use of this website shall be deemed your agreement to abide by all applicable provisions. WineJug reserves the right to modify these Terms & Conditions at any time, and your continued use of our site after we provide you with notice of such modification will constitute your acceptance of any new or amended provisions.
All content included on this site, such as text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of this site’s owner or its content/software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site’s owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site’s owner or its software suppliers and protected by United States and international copyright laws.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE’S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE’S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE’S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By placing an order on the WineJug website, you submit that you are 21 years of age or older, and that you understand and agree to the Alcohol Beverage Control laws in your state.
The information contained in this website is for general information purposes only. The information is provided by WineJug and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is therefore strictly at your own risk.
In the event of any claim or dispute between you and WineJug related to your use of this website, your purchase of any goods or services from WineJug, or any representations or statements by WineJug to you, whether such claim arises out of statute, contract or tort, the claim or dispute shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party. Further, all such claims may be brought on an individual basis only, and not by way of class, collective, or representative action. Such disputes include without limitation disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision.
The parties shall agree on a single Arbitrator to resolve the dispute. The matter may be arbitrated either by the Judicial Arbitration Mediation Service or American Arbitration Association as selected by the party filing the claim. The arbitration shall be conducted in West Virginia or in the same city as the U.S. District Court closest to your billing address at the option of the party requesting arbitration. Any decision of the arbitrator shall be final and may be entered as a judgment in any court of competent jurisdiction. Unless the law requires otherwise, you and WineJug will equally share in the cost of arbitration and each party shall bear its own attorneys’ fees and costs.
This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration and constitutes a waiver of your right to have your dispute resolved by a jury or in any other forum. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying WineJug in writing of your desire to opt out of this Arbitration Provision within thirty (30) days of the date of your agreement to WineJug Terms & Conditions, including this Arbitration Provision. WineJug reserves the right to revoke the membership of any person opting out of this Arbitration Provision and WineJug reserves the right to refuse to sell any products to any person opting out of this Arbitration Provision.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. If any portion of this Arbitration Provision, or the rules of the Judicial Arbitration Mediation Service or American Arbitration Association, are determined by the Arbitrator or by any court of competent jurisdiction to be unlawful, invalid or unenforceable, such portions shall be severed or modified so that this Arbitration Provision may be enforced to the greatest extent permissible under the law.
You agree to defend, indemnify, release and hold harmless WineJug and each of its parents, directors, officers, employees, and agents (the “Indemnitees”) from and against any loss (including attorneys’ fees), damage, injury, liability, demands and claims (the “Claims”) made by any third-party due to or arising out of your use of this website, or the purchase of any services or products, or any breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You agree not to do any of the following while using the WineJug site:
- Intentionally or unintentionally violate any applicable law or regulation
- Access, tamper with, or use nonpublic areas of the WineJug site or WineJug computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution
- Frame or link to the WineJug site except as permitted in writing by WineJug.
The Sale of Alcoholic Beverages
WineJug does not sell alcohol to anyone who is under 21 years of age. By using this site you swear and affirm that you are over the age of 21. WineJug makes every effort to ensure that alcoholic beverages are not 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 WineJug is over the age of 21. You also agree that any alcohol purchased from WineJug is intended for personal consumption and not for resale. If you do not agree with 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 WineJug may prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all wine passes from WineJug to the purchaser within the State of West Virginia. Purchaser takes all responsibility for shipping it from WineJug’s facility to his/her home state. By arranging for transportation of the wine, WineJug is providing a service to, and acting on behalf of the purchaser. By utilizing this service from WineJug, 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 wine. 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 wine, is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age. WineJug makes no representation to the legal rights of anyone to ship or import alcoholic beverages into any state or territory.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this WineJugcompany.com site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of WineJug. WineJug neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this WineJugcompany.com site by anyone other than authorized WineJug employees acting in their official capacities.
The Winejugcompany.com site may contain links to other web sites or resources. You acknowledge and agree that WineJug 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 WineJugcompany.com site does not imply that WineJug endorses the linked site.
No Responsibility to Sell Mispriced Products or Services
WineJug 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. WineJug 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, WineJug shall immediately issue a credit to your credit card account in the amount of the charge or offer a store credit.
WineJug generally cannot accept returns of wine in your possession longer than 3 months, as we have no way of knowing your specific storage conditions. WineJug guarantees the excellent provenance of the wine it sells. We will happily return, refund, credit, or exchange bottles that suffer from the following conditions:
- Wine that is leaking on arrival
- Incorrect fulfillment (wrong vintage, etc.)
- Shipping problems that are clearly the fault of the shipper or WineJug.
WineJug will collect appropriate sales tax on all orders regardless of where customers are shipping their purchases.
WineJug will hold any order upon request up to 4 months from the time of purchase in our temperature controlled facility. This option can be found when checking out. If you ever need to change the original date chosen, please contact us immediately; notice is needed 48 hours in advance of the date you would like to ship. Orders held over 4 months from date-of-purchase will be subject to a holding fee ($5/month/package). Any orders that are held over 4 months and cancelled may be subject to a restocking fee.
Gift Cards may be used to purchase products from WineJug only in conformity with these Terms & Conditions. Gift Cards are not transferable, nor redeemable for cash and cannot be returned for a cash refund, except to the extent required by law; any unused balance will be placed on account for future purchases by holder. Gift Cards do not expire. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your or the recipient’s permission.
Force Majeure; Changes in Law
In the event of a force majeure or other action outside of WineJug’s control that prevents or delays performance of any act required of them, they shall be excused from such performance. In addition, WineJug shall be excused from performance in the event of any change in law which prevents such performance or makes such performance impossible or unreasonably costly or difficult.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
The Terms & Conditions were updated February 1, 2020. All Terms & Conditions are applicable to the extent permitted by law.