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Terms & Conditions

Terms and Conditions for Online Sales

 

Last Updated: September 9, 2022

 

This agreement (the “Terms and Conditions”) is a legally binding agreement between you and Gargolye Inc., their affiliates, and their respective parents and subsidiaries (individually and collectively, “we,” “our” or “us”), and governs your access to and use of the URL, http://www.gargoylechicago.com (the “Site”), and other of our websites, social media pages, accounts, and mobile applications owned by or licensed to us (collectively, the “Sites”), any order you place through the Site and, as applicable, your use of the products you purchase. Through use of the Site, we provide an opportunity to buy wine, Wine Club memberships, Gifts and related products from Company (collectively the “Wine Services”). The sale and delivery of orders purchased by you will be executed and fulfilled by Company, which holds a valid license allowing for the legal sale of wine. The Sites are directed to adults aged 19 or older and you must be at least 19 years of age to make a purchase through the Sites and to receive delivery of the products purchased, and a valid government-issued ID will be required upon delivery. By using the Sites, including, without limitation, by participating in the Wine Services, you hereby agree to the terms and conditions set forth below (the “Terms and Conditions”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE, DO NOT PLACE AN ORDER, AND DO NOT USE ANY PRODUCTS. THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM AGAINST US TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 21 YEARS OLD; (C) ARE SHIPPING TO AN ILLINOIS ADDRESS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

  1. Applicability of Terms and Conditions and Conditions: These Terms and Conditions shall apply to your purchase of products and related services through the Sites. These Terms and Conditions are subject to change at any time without prior written notice by us. The most recent version of these Terms and Conditions shall be posted for your review at any time on the Site. Your continued use of the Sites after any posting of updated Terms and Conditions (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
  2. Age Requirement: If you use the Sites, you represent and warrant that you are at least nineteen (19) years of age. In no event shall you use the Sites, the Wine Services, register for a Club Membership, make a purchase or purchase a Gift for someone else if you are under the age of 19, nor may you do any of the foregoing activities for the benefit, or on behalf, of any person under the age of 19. We may refuse to register any person, or service any order at any time, in our sole discretion.
  3. Location Restriction: If you use the Sites, you represent and warrant that your order is being shipped to an address in the State of Illinois and you acknowledge and agree that the transaction is occurring within the state of Illinois. You are informed and acknowledge that we cannot ship outside the State of Illinois.
  4. Purchasing Alcoholic Beverages: Our role in the transactions contemplated by these Terms and Conditions is that of a marketer and service provider that enables you, the consumer, to purchase wine and related products from Company, and to participate in the Wine Services and/or any other product offers offered on the Sites by the Company. You acknowledge that all orders of wine and related products you place through the use of the Sites are processed and fulfilled by Company, as the actual seller of wine, and not by Gargoyle USA LP. Any wine you purchase through the use of the Sites from the Company must be for personal consumption only and not for resale. In the unlikely event that a particular wine is unavailable at time of shipping, Company may substitute a wine of similar style and of equal or greater value in your shipment.
  5. Online Orders Offer and Acceptance: When placing an order on the Sites, you are offering to purchase whatever products and services you select. The Company reserves the right to accept or reject any order in its own discretion. The Company will only accept or reject an order in its entirety. Should the Company elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, the Company reserves the right to cancel any order once accepted by the Company (as evidenced by a confirming email) at any time in the Company’s sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein. We shall not be liable for any errors or omissions in product pricing or discounts offered to you, and in the event of any such error or omission, we reserve the right to cancel such order(s) and refund any erroneous charges to you. The Company reserves the right to change product pricing and discounts offered at any time.
  6. Payment Terms and Conditions: All applicable prices are set forth alongside the Wine Services and other products and services offered on the Sites. Such prices are subject to change at any time by the Company in its sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
  7. Shipping Information: It is the Company’s responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While the Company agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Shipments will require the signature of an adult over the age of 19 with valid photo ID at the time of delivery. Please note that shipments will not be left at your door without a valid signature, and the Company is not able to ship to a post office box. If no authorized adult is available to sign for deliveries during the day after multiple delivery attempts, your shipment will be returned to us as undeliverable. Shipping fees are non-refundable, and a $15 restocking fee may apply to shipments that are returned to us as undeliverable. Therefore, we recommend the use of a business address to ensure prompt delivery. All orders placed pursuant to these Terms and Conditions are shipped by the Company. Title to such wine and related products, and the risk of loss, passes from the Company to you upon the shipment of your order by the Company. The terms and cost of shipment may vary from order to order. You will be notified at the time of purchase as to the applicable shipping charges (if any) and taxes, which you will be responsible for paying. The Company does not ship to counties or municipalities where shipping wine is prohibited by law. The remittance of any and all federal, state, sales, use and excise taxes to the applicable state authority will be made by the Company. Product availability and limitations on orders vary by day. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to your delivery schedule. If there will be a significant delay, a customer service representative or representative from the Company or common carrier may call or email you to let you know the status of your delivery. Your order will be delivered as quickly as possible when the conditions permit. If the delivery address you designate is located in an area that does not permit the delivery of alcoholic beverages to a consumer, we will ask you to provide an alternate, permissible delivery address.
  8. Your Account: To use the Wine Services, you will be asked to provide personally identifiable information such as your name, address, phone number, shipping address, email address, date of birth, and payment information (collectively, the “PII”) as well as a password in order to make a purchase and create a personal account with us (an “Account”). Please be sure to protect the confidentiality of the password you create for your Account. Please review our Privacy Policy regarding the PII we collect, use and share with third parties, and the terms of such collection, use and sharing. You are responsible for, and agree to pay promptly, all charges to your Account including applicable taxes and purchases by you or anyone you allow to use your Account. You represent and warrant that all PII you provide in connection with registering your Account is complete, accurate and non-fraudulent, and that you are authorized to use the method of payment you provide in connection with your use of the Wine Services. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account without their prior approval. You also agree to review and update your Account as and when necessary to maintain the most current PII.
  9. The Wine Club: You are not obligated to join a Wine Club.  However, if you enjoy the convenience of getting regular deliveries of your favorite wines shipped directly to you, the Company’s Wine Club is a great option.  As part of the Wine Services available to you, you will have the opportunity to join the wine club that we market and service (the “Wine Club,”) by following the instructions on the applicable Site or promotional communication. When you join the Wine Club, you will receive wine shipped directly to your door on a regular basis, and the credit card or payment method you provide will be billed by the Company on a regular recurring basis prior to each shipment until you decide to cancel your participation in the Wine Club. There is no membership fee for the Wine Club and you may cancel at any time without cost or penalty. All orders are subject to approval. You may change your wine preference, skip a shipment or cancel your participation in the Wine Club, subject to pending charges for wine already shipped to you. There is no ongoing commitment to continue your Wine Club membership and receive shipments of wine. You may cancel at any time. Simply contact our Customer Support Team at [hello@gargoylechicago.com]. You acknowledge and agree that membership in the Wine Club is subject to recurring billing whereby the method of payment linked to your Account will be automatically charged prior to each shipment on a recurring basis until you cancel your membership in the Wine Club. You will be notified by email in advance of each regular shipment. In the event product pricing changes with respect to Wine Club shipments, we will notify you in advance of such price modification and you will have the opportunity to cancel your Wine Club membership prior to being charged for your next shipment. We may cancel the Wine Services and/or the Wine Club at any time, in which event you will no longer receive shipments from us and your credit card will no longer be billed after your last delivery has shipped.
  10. Replacements, Refunds and Returns: In the event your order is damaged in transit, is incorrect, or you are not satisfied with your order for any reason, please contact our Customer Service team at [hello@gargoylechicago.com] and we will use good faith efforts to make your order right. The Company will replace or issue a Company credit for any unused product up to 60 days from date of purchase. Company credit or replacement product will be provided after the unused product has been returned to us. Company credit can only be used towards the purchase of merchandise offered for sale at the Sites. Company credit has no monetary value and is not redeemable for cash except as otherwise provided by law. Company credit can only be used on orders associated with your original account and cannot be transferred to another person or account. If you request a refund, once the package is returned to the Company, a refund minus shipping costs and a $15 restocking fee will be issued to your credit card or other method of payment, subject to all applicable law.
  11. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability:
    • Buyer’s R&Ws: You hereby agree that you are solely responsible for your conduct in connection with your use of the Sites and for any and all acts and omissions that occur under your Account or password. In connection with your use of the Sites, you further agree not to engage in any of the following prohibited activities: (a) create an Account or make any purchase if you are under twenty-one (21) years of age; (b) interfere with or inhibit the use of the Sites by other users; (c) use the Sites for commercial purposes for yourself and/or third parties (for example, by selling, or attempting to sell, your purchases to others, etc.); (d) create an Account using a false identity, alter-ego, by impersonating a third party, or creating any other false account; (e) interfere with, disrupt or attempt to gain unauthorized access to other Accounts on the Sites or any other computer network; (f) copy, reverse engineer, or attempt to derive the source code of any part of the Sites; (g) post any comment or product review on the Sites or Social Media Pages that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; (h) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property of any person; (i) disseminate or transmit viruses, Trojan Horses, or any other malicious code or program; or (j) use the Sites in a manner or engage in any other activity that would violate any of the terms and conditions contained in these Terms and Conditions or any applicable laws. Violation of the foregoing restrictions will result in immediate termination of your Account, and may potentially subject you to further liability. We may investigate any reported violation of these Terms and Conditions and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, closing your Account, suspending future shipments under your Wine Club membership, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
    • Our Limited Warranty: We represent and warrant to you that any goods purchased by you on the Sites, when used specifically as authorized and without modification thereto, will conform in all material respects to the specifications set forth on the Sites. Notwithstanding the foregoing, this warranty shall notapply when the goods are subject to: negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, alteration, repair by anyone other than us (or one of our authorized representatives), use with any third-party product or service (other than as specifically authorized in advance by us), or use in violation of the law. Notwithstanding the foregoing, any products manufactured by a third party, including the wines sold on the Sites, and incorporated in any goods provided hereunder are not covered by this limited warranty. Notwithstanding anything set forth herein to the contrary, your sole remedy with respect to a breach by us of our warranties to you shall be to inform us, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that we may either: (i) repair or replace the goods in question; or (ii) credit or refund your purchase price. In such instance, restocking fees shall not We shall have the right to select which cure option to pursue, and we will be responsible for shipping & handling charges associated with resending replacement goods (and shall also be responsible for their risk of loss in transit during such time), if and as applicable. Any claim made by you hereunder shall be made within [number] [(#)] [days/weeks/months] of delivery or forever be waived. We reserve the right to verify any such claim. This warranty period is not extended if we have to repair or replace a warranted product. This limited warranty extends only to you as the original purchaser of our products and services from the Sites (i.e., and not to any subsequent owner or beneficiary of any goods). In order to obtain warranty service, please contact [hello@gargoylewineclub.com]. If for any reason you believe in good faith that we have not fulfilled our obligations hereunder, you are entitled to follow the dispute resolution procedures set forth in Section XX. below. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM LOCATION TO LOCATION.
    • Limitation On Warranties: Subject to applicable law, and without limitation on the foregoing, we limit the duration and applicability of any and all implied warranties (including without limitation the warranties of merchantability, fitness for a particular purpose, title, or warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise) to the duration of the limited warranty set forth in subsection (11.2) above. PLEASE NOTE THAT SOME LOCATIONS DO NOT ALLOW FOR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES AND THEREFORE, THIS LIMITATION MAY NOT APPLY TO YOU.
    • Sole and Exclusive Remedies/Liability Cap: SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
    • Privacy Policy: Please review our Privacy Policy which can be found at the following address: [www.gargoylechicago.com]. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of the Sites.
  12. Third Party Beneficiaries: These Terms and Conditions are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions.
  13. Force Majeure: We shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
  14. Assignment: We may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in our sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
  15. Partial Invalidity: In the event that any part or portion of these Terms and Conditions is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
  16. Governing Law/Binding Arbitration.
    • Governing Law. These Terms and Conditions shall be governed by the laws without regard to its conflict of laws principles.
    • Binding Arbitration. Subject to subsection 16.3 below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules & Procedures. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a single arbitrator sitting in Chicago, Illinois. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties and enforceable in any state or federal court that has jurisdiction. You have a right to hire an attorney, at your own cost, to represent you in the Arbitration. The prevailing party in the arbitration shall be entitled to recover attorneys’ fees and costs. With respect to any arbitration hereunder, as stated above, YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM OF ANY KIND OR NATURE. This Section 16 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms and Conditions. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced. EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH PARTIES GIVE UP THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this provision that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general arbitration. Notwithstanding any of the foregoing, if we are suffering irreparable harm arising out of or related to your use of the Sites, we are not precluded from bringing an action or claim with respect thereto before the appropriate federal or state court located in the county of Cook, Illinois, and you consent to personal and subject matter jurisdiction of such court related to any such action or claim.
  17. Third Party Servicers: You may have contact or other interaction with third parties by clicking third-party links on our Sites and being directed to third-party websites (the “Third-Party Servicers”). You acknowledge and agree that you are proceeding at your own risk and any such Third-Party Servicers are not under our control. We shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third-Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with them, including the content on, or the privacy practices of, such Third-Party Servicers. If you visit the website of, or submit information to, any Third-Party Servicer, your visit and the information you submit are governed by the privacy statement of that Third-Party Servicer. We encourage you to carefully read the privacy statements of any website you visit.
  18. Accessibility: We work to have our Sites accessible and user-friendly to everyone. We believe that all adults should be able to buy wine online. To accomplish this, we follow the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA. If there is any way you think we can make our Sites more accessible to you, please email us at [hello@gargoylewineclub.com] with the subject line “accessible” .
  19. Promotional Emails: When you register your Account or make a purchase through the Sites, you agree to receive transactional and promotional emails from us. These emails may include, but are not limited to tasting notes or recipes, promotional offers, subscription information or other offers. We will never rent, sell or share your email address except to the limited extent set forth in the Privacy Policy or otherwise in these Terms and Conditions.
  20. Indemnification: You agree to indemnify, defend and hold us and our employees, officers, members, directors, agents, representatives, affiliates, service partners, licensors, successors and assigns harmless 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 in any way attributable to: (i) your use of the Sites; (ii) anything you post to the Sites; (iii) your violation of these Terms and Conditions or our Privacy Policy; (iv) your violation of the rights of any third parties; and/or (v) use of the Sites or your Account by any other person accessing the Sites using your computer or Internet access account.
  21. Errors and Inaccuracies: We strive to provide complete, accurate, up-to-date information on our Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, our Sites may contain typographical errors, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Sites.
  22. No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
  23. Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Sites. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at: [hello@gargoylewineclub.com]; or (ii) personal delivery, overnight courier, or registered or certified mail to: Gargoyle Inc., 109-
    50 Carroll St, Toronto, ON M4M 3G3
  24. Termination: The agreement contained in these Terms and Conditions is effective upon your acceptance as set forth herein, and shall continue in full force and effect until terminated. We may suspend or terminate the agreement or the Wine Services, including future shipments under your Wine Club membership, or remove or disable access to any portion of the Wine Services or the Sites at any time and for any reason with or without cause or notice to you. You may terminate your Account at any time for any reason by emailing us at [hello@gargoylewineclub.com]. We reserve the right to collect fees and charges incurred before you cancel your Account.
  25. Headings and Construction: The section titles in the Terms and Conditions are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms and Conditions shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
  26. Entire Agreement: These Terms and Conditions, along with the confirmation email referenced in Section 5 above, any instructions that we provide you with relating to any product or service you obtain from us through the Sites, and our Sites’ “Terms and Conditions” and “Privacy Policy,” shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.