Terms of use

Updated July 17th 2019

Welcome to VerveWine.com (the "Verve Site").

PLEASE NOTE THAT YOUR USE OF THE VERVE SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS VERVE SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE VERVE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY VERVE WINE FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE VERVE SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

User Obligations

You agree not to do any of the following while using the Verve Site:

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the Verve Site or Verve Wine's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Verve Site except as permitted in writing by Verve Wine.

Terms and Conditions of Sale

Buyer Must be 21 to Purchase Alcohol

Verve Wine does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Verve Wine 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 Verve Wine is over the age of 21. You also agree that any alcohol purchased from Verve Wine 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 Verve Wine will prosecute you fully to the extent allowable by law.

Title and Ownership

Title to, and ownership of all wine passes from Verve Wine to the purchaser in the State of California if purchased via our San Francisco, CA location, and passes from Verve Wine to purchaser in the State of New York if purchased via our Manhattan, NY location. The purchaser assumes all responsibility for shipping the wine from California or New York to his/her home state. By placing an order, buyer authorizes seller to act on buyer’s behalf to arrange for transportation of the buyer’s wine at the buyer’s direction. By arranging for transportation of the wine, Verve Wine is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Verve Wine, 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 and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age. Seller makes no representation as to the legal rights of anyone to ship or import any wines, alcoholic beverages or other goods into any state. The purchaser is solely responsible for the shipment of wine and other goods purchased and for determining the legality and the tax/duty consequences of having the wine and other goods shipped to the applicable destination. Alternatively, purchaser may choose to pick up the wine at seller’s location, or make shipping arrangements independent of Verve Wine.

Shipping Charges

Unless otherwise agreed, the prices of our wines do not include charges for shipping, the cost of which varies depending on what delivery options buyer selects and may include destination, number of bottles ordered and expedited shipping and insurance protections. The appropriate shipping charges will appear in the shopping cart during checkout.

It is the purchaser’s responsibility to provide a current, shippable, physical delivery address. In the event a shipment cannot be delivered due to an incorrect address provided by the purchaser, or after three delivery attempts by the carrier, seller reserves the right to charge purchaser the applicable carrier fee for rerouting to an alternative address or re-shipping to the same address. Seller is unable to assist in arranging for shipment to P.O. Boxes, military APOs/FPOs/DPOs/MPOs or international addresses.

If purchaser’s shipment is returned to our facility, we will not re-ship until the purchaser has provided additional shipment instruction such as an alternative deliverable address.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Verve Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Verve Wine. Verve Wine neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Verve Site by anyone other than authorized Verve Wine employees acting in their official capacities.

Parental Control Protections

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

Links

The Verve Site may contain links to other web sites or resources. You acknowledge and agree that Verve Wine 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 Verve Site does not imply that Verve Wine endorses the linked site.

Protection of Content Provided by Verve Wine and Its Licensors

All text, graphics, logos, icons, images, audio clips and software on the Verve Site ("Site Content") are copyrighted materials owned by or licensed to Verve Wine. The Site Content may contain trademarks, service marks and trade names which are owned by Verve Wine and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Verve Wine, its affiliates, or third parties. "Verve Wine" is a trademark of Verve Wine. Unless authorized in writing by an officer of Verve Wine, Verve Wine's trademarks may not be used in connection with any product or service that is not Verve Wine's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Verve Wine. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Verve Wine or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Verve Site. Nothing contained in the Verve Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Verve Wine, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Verve Wine, its affiliates, and/or any third party, as applicable.

Copyrights and Designated Agent For Notification of Claims of Infringement

Verve Wine respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Verve Wine's Designated Agent the following information:

  1. Verve Wine's Policy Concerning Claims of Infringement
    1. Written Notice of Copyright Claims.

      Claims of infringement should be in writing and should be directed to Verve Wine's designated agent as specified below. Please include the following information:
      1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
      2. A description of the copyrighted work that you claim has been infringed;
      3. A description of where the material that you claim is infringing is located on the site;
      4. Your address, telephone number, and email address;
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices

VERVE WINE will give you any necessary notices by posting them on the Verve Site. You authorize VERVE WINE to send notices via electronic mail as well if VERVE WINE decides, in its sole discretion, to do so. You agree to check the Verve Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Verve Site.

Disclaimer of Warranties

ALTHOUGH VERVE WINE ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE VERVE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE VERVE SITE. VERVE WINE DOES NOT WARRANT THAT YOUR USE OF THE VERVE SITE, OR THE OPERATION OR FUNCTION OF THE VERVE SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE VERVE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. VERVE WINE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE VERVE SITE. THE VERVE SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL VERVE WINE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE VERVE SITE, THE USE OR PERFORMANCE OF THE VERVE SITE, THE DELAY OR INABILITY TO USE THE VERVE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VERVE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VERVE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VERVE WINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VERVE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VERVE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS VERVE WINE'S LIABILITY OR YOUR REMEDIES.

Privacy Policy

Your use of the Verve Site is governed by the Privacy Policy.

Termination of your Verve Wine Account

Verve Wine may terminate your Verve Wine Account with or without cause at any time effective immediately.

No Responsibility to Sell Mispriced Products or Services

While Verve Wine makes reasonable efforts to ensure all information on the website is accurate, mistakes may happen. Verve Wine 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. Verve Wine 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, Verve Wine shall immediately issue a credit to your credit card account in the amount of the charge.

Modifications to Prices or Billing Terms

VERVE WINE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Force Majeure

Verve Wine shall be excused from performance under this Terms of Service if Verve Wine is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Verve Wine.

Survival

The following provisions shall survive any termination of these Terms of Service: No Warranty from Verve Wine, Limitation of Liability, Indemnity and General Provisions.

General Provisions

You agree that Verve Wine and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Verve Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service 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 failure of Verve Wine to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Verve Wine in writing. The Terms of Service, along with the Privacy Policy, comprises the entire agreement between you and Verve Wine and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Verve Wine. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Verve Wine shall be null and void. These Terms of Service will inure to the benefit of Verve Wine's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

APPLICABLE LAW

By using any Verve Wine Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California and New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Verve Wine.

California Proposition 65

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk and during pregnancy, can cause birth defects. For more information go to https://www.P65Warnings.ca.gov/alcohol.

WARNING: Many food and beverage cans have linings containing bisphenol A (BPA) a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages in these containers.  For more information go to https://www.P65Warnings.ca.gov/alcohol.

Accessibility

Verve Wine is committed to ensuring that persons with disabilities have access to our goods and services, including those offered through our website, www.vervewine.com. As such, we strive to adhere to the Web Content Accessibility Guidelines 2.0 and 2.1 Levels A and AA, a set of guidelines developed by the World Wide Web Consortium and used to ensure that digital content is accessible to everyone.  Verve Wine is always learning and looking for ways to improve accessibility.

If you have any questions about these Terms of Service, please contact us.