TERMS OF SERVICE

OVERVIEW OF OUR TERMS AND SERVICE

Note- Sip and Savor reserves the right to pause or eliminate any product or membership at any time. 

This website is operated by Sip and Savor Owned by Sip and Savor. Throughout the site, the terms “we”, “us” and “our” refer to Sip and Savor.  Sip and Savor offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Last updated August 8th, 2018

Privacy

Privacy is important to us.  For further information about Sip and Savor’s privacy conditions, please refer to our Privacy Notice located at https://sipandsavorusa.com/pages/privacy-policy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Sip and Savor.

General

At Sip and Savor, are passion is to provide an outstanding customer experience for our product consumers and members while holding a high level of professionalism.  The following terms and conditions (“Terms”) constitute a binding agreement between you and Sip and Savor, its affiliates, and its and their parent and subsidiary companies (collectively, “Sip and Savor,” “we,” or “us”) with respect to your use of this website and any other Sip and Savor owned websites, micro-sites, and social media pages and accounts (collectively, “Sip and Savor Sites”), all Sip and Savor-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Sip and Savor Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Sip and Savor Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Sip and Savor Services, specific areas of certain Sip and Savor Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Sip and Savor Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Sip and Savor Sites or Applications will be controlling with respect to those particular areas. Sip and Savor reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Sip and Savor Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Sip and Savor Sites, Applications or any other website in regards to Sip and Savor, or while contacting any of our Member Services team, will not be tolerated.

We don’t support underage drinking.  To purchase our products you must be twenty-one years or older. There must be an adult (21+) present to sign for all Sip and Savor shipments. A valid government-issued ID will be required upon delivery.

Wine sales are solicited, offered, accepted, made, and delivered by licensed wineries or retailers who receive all orders. To address possible state alcoholic beverage law concerns, Sip and Savor pays for new member referrals through an instant rebate that discounts a portion of the price of each item the existing member purchases. Void where prohibited.

Sip and Savor Membership

Membership Program. You must be a Sip and Savor wine member in order to place an order through Sip and Savor Services. You may become a Sip and Savor member by providing the requested registration information and submitting it to Sip and Savor through the Sip and Savor Sites or Applications. By becoming a member and placing an order, you agree to receive a shipment of at least 3 bottles tubes of wine from Sip and Savor once a month until you cancel your membership. You may suspend or cancel your membership at any time if signed up for the month to month membership.  Members who sign up for 3-month prepay memberships are committed to 3-months of wine being delivered.  Sip and Savor reserves the right to increase or decrease the price of the membership, as well as can add an additional shipping charge to the membership.   Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Sip and Savor to charge your credit card (including shipping and any applicable tax) for each monthly Sip and Savor Membership wine shipment.  Changes to your membership must be provided a minimum of 7 days prior to shipping.  This includes the following; account information, payment method, change your address, skip a shipment, or to cancel your membership.

Membership Termination. You may cancel your Sip and Savor month to month membership at any time by emailing Sip and Savor.  The 3-month pre-pay memberships do not auto-renew. Sip and Savor may terminate your membership and refuse any and all current or future use of your Sip and Savor Membership or Sip and Savor Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Sip and Savor determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Sip and Savor determines, in its sole discretion, that you are using your Sip and Savor Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Sip and Savor deems appropriate in its sole discretion.

If you register on the website to become a Sip and Savor member, you agree to complete the registration process according to the requirements stated on the applicable Sip and Savor Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Sip and Savor Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Sip and Savor that your use of a payment card in connection with any purchase you make on or through Sip and Savor Services is authorized and legal. As part of the initial registration process, you must choose a username and a password to use when accessing the Services. For your protection, you must keep your username and password secret. You must immediately notify Sip and Savor if you learn or suspect that the security of your username or password has been breached. You are responsible for any loss or damage arising from your failure to protect your username or password.

Member Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.

Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Sip and Savor to charge such amount to your payment card at that time.

Sip and Savor's Commitment to Quality

If you are dissatisfied with your Sip and Savor purchase for any reason, please contact Sip and Savor Customer Service by emailing Sip and Savor from the Contact Tab on the home page of the website, so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to Sip and Savor. Subject to the conditions set forth here, Sip and Savor will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. Sip and Savor Gifts are nonrefundable.

Sip and Savor products cannot be issued a refund after 10 days of receiving the product.  Sip and Savor’s 100% Satisfaction Guarantee expires after 10 days of the consumer receiving the product. Sip and Savor, after 10 days, takes no responsibility for how the wine is handled and stored at the consumers home of office.  However, Sip and Savor will take each individual concern serious and address it accordingly.  The outcome of the review could result in a refund or gift card towards a future purchase.

SIP AND SAVOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A SIP AND SAVOR SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.

Sip and Savor Gift Cards

E-Gift Cards and Physical Gift Cards (collectively “Gift Cards”) may be purchased on the website or tradeshow events and their use are subject to these Terms. In order to purchase a Gift Card, you will need to provide certain information, including but not limited to, recipient email address, recipient name, and a valid credit card number. The gift card will be emailed to the person of whom the email was provided.  The value of the gift card will be send in the email.  Gift cards cannot be used to purchase reoccurring wine memberships which included month to month membership and 3 month pre pay memberships.  Gift cards can be used to purchase any of the one-time gift boxes or products and be put toward full bottle purchases. The purchase of a Gift Card is non-refundable and not cancellable.

Use. In order to redeem a Gift Card, the recipient must a resident of the United States in a state where it is legal to directly ship wine. Gift Cards must be redeemed toward the purchase of eligible products on Sip and Savor sites and applications. Purchases are deducted from the Gift Card balance. Any unused Gift Card balance will be placed in the recipient's Sip and Savor account as a credit. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method. To view your Gift Card balances, visit "My Account" on SipandSavorUSA.com

Referral Credits. If a purchaser buys an E-Gift Card for a non-member of Sip and Savor and the recipient then becomes a member of Sip and Savor, the purchaser will not receive any referral fee if the recipient's first purchase is with a Gift Card.

Cancellation and Expiration. After delivery of an email confirmation of the purchase of a Gift Card, the Gift Card cannot be canceled and the purchase is final and non-refundable. Gift Cards do not have an expiration date.

Limitations. (1) Gift Cards may only be used on Sip and Savor sites and applications, toward the purchase of eligible products. If a purchase exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method; (2) Gift Cards cannot be used to purchase additional Gift Cards; (3) Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law; (4) unused Gift Card account credits may not be transferred.

Risk of Loss

All items purchased from Sip and Savor are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, Sip and Savor (in its sole discretion) may issue a replacement for the balance shown in its records. Sip and Savor is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.

Restocking and Reshipment Fees

Orders returned to Sip and Savor may be subject to a reasonable restocking fee. Sip and Savor reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.

Your Account

All alcohol listings are intended for individuals who are 21 years of age or older. Sip and Savor reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.

You must be at least 21 years of age to use Sip and Savor sites and purchase alcohol through Sip and Savor Services.

Disclaimer of Warranties

THE SIP AND SAVOR SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE SIP AND SAVOR SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SIP AND SAVOR HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER SIP AND SAVOR NOR ANY PERSON ASSOCIATED WITH SIP AND SAVOR MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SIP AND SAVOR SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SIP AND SAVOR NOR ANYONE ASSOCIATED WITH SIP AND SAVOR REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SIP AND SAVOR SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL SIP AND SAVOR, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SIP AND SAVOR SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND SIP AND SAVOR’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

Indemnification

You agree to defend, indemnify and hold harmless Sip and Savor and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Sip and Savor Sites, Applications or Services.

Copyright

All content included on or made available through any Sip and Savor Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Sip and Savor or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Sip and Savor Sites, Applications and Services is the exclusive property of Sip and Savor and protected by the U.S. and international copyright laws.

Trademarks

The trademarks and service marks displayed on the Sip and Savor Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Sip and Savor and its licensors. For a list of Sip and Savor trademarks and service marks please contact Sip and Savor. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Sip and Savor Sites, Applications and Services are trademarks, service marks or trade dress of Sip and Savor in the U.S. and other countries. Sip and Savor’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Sip and Savor, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sip and Savor. All other trademarks not owned by Sip and Savor that appear in any Sip and Savor Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sip and Savor.

Links to Third-Party Websites

Sip and Savor Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Sip and Savor has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Sip and Savor Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

Submitted Materials and Ideas

While we appreciate your interest in Sip and Savor and our business, Sip and Savor does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Sip and Savor might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on Sip and Savor Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

Disputes

IMPORTANT – AS A CONSUMER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND SIP AND SAVOR MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate

You and Sip and Savor agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Sip and Savor Terms, your use of Sip and Savor Sites, Applications or Services, or to any products sold or distributed by Sip and Savor or through Sip and Savor Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Sip and Savor may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Sip and Savor subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Sip and Savor members but is bound by rulings in prior arbitrations involving the same Sip and Savor member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions

You and Sip and Savor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Sip and Savor agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Sip and Savor members.

If for any reason a claim proceeds in court rather than in arbitration both you and Sip and Savor each waive any right to a jury trial. You and Sip and Savor also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

Governing Law and Jurisdiction

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Sip and Savor Sites, Applications or Services, or any products sold or distributed by Sip and Savor or through Sip and Savor Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Unless you and Sip and Savor agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Sip and Savor Sites, Applications or Services, or any products sold or distributed by Sip and Savor or through Sip and Savor Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of these Terms by Sip and Savor shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Sip and Savor to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

The United States Only

Unless otherwise specified, the Sip and Savor Services are presented solely for the purpose of promoting products and services available in the United States. Sip and Savor makes no representation that the Sip and Savor Services are appropriate or available for use in other locations. If you access Sip and Savor Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Entire Agreement

These Terms and our Privacy Notice constitute the sole and entire agreement between you and Sip and Savor with respect to the Sip and Savor Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

Modifications

Sip and Savor reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the Sip and Savor Referral Program, at any time. If Sip and Savor makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at SipandSavorusa.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.

Should you wish to terminate your membership due to a modification to the Terms, please contact Sip and Savor Customer Care Team at www.sipandsavorusa.com.   If you choose to continue using the Sip and Savor Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.

The date these Terms were last updated is set forth at the top of this page.

Contact Information

If you have questions or comments about these Terms or the Sip and Savor Sites, Applications or Services, please write, phone or email us via the contact information below:

Sip and Savor

11354 White Rock Rd.

Rancho Cordova, CA95742

hello@sipandsavorusa.com

©2018 Sip and Savor. All Rights Reserved.