Terms & Conditions
The GrapeVibe website is presented to you by Jeff & Lee Enterprises, LLC along with or retail and distribution partners and affiliates. We collectively provide you access to the good, products, services, and content associated with GrapeVibe.
Our Contract: GrapeVibe and You
These Terms and Conditions, together with our more specific policies, promotions, and conditions throughout the website, form a legally binding agreement between you and GrapeVibe that govern your use of our products, content, and all aspects of the services delivered through GrapeVibe. If any inconsistency exists between the Terms & Conditions and the policies, the policy applicable to the specific service will be the primary source for reference.
These terms and policies may change over time, all changes are effective immediately. Further, GrapeVibe may change their service to provide the best possible experience for you – accordingly, we reserve the right to change or discontinue our services at GrapeVibe’s sole discretion. Your continued use of the website infers your acceptance of the changes and agreement with them.
We Only Serve Folks of Legal Drinking Age
First and foremost, all orders are fulfilled by licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor GrapeVibe sell alcohol to persons under the age of 21. By using this website, you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and you are purchasing solely for (i) self-consumption or (ii) gifting to a person in the United States who is at least 21 years old. You also affirm that the state in which you are ordering and the state to which you are asking us to deliver permit the sale and delivery.
We will rely upon the foregoing representations, and if we are held liable in the event that your representations are not true, and in such case, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.
All orders placed on the GrapeVibe website are subject to acceptance and shipment by a licensed liquor retail store in our network, and no order is deemed to be accepted by such licensed liquor store until the order is shipped by the retailer. Pursuant to applicable laws and regulations, the liquor store may refuse to accept or fulfill your order for any reason, including, among others, the occurrence of a technological mistake or “glitch” in the transmission of pricing to the customer over the GrapeVibe website. Therefore, no contractual or other obligation to sell and ship the bottle(s) ordered via the GrapeVibe platform attaches or is final or binding on the licensed retailer unless and until a licensed retailer accepts and ships the order to the you (or the intended recipient, even if your credit or debit card is authorized or actually charged at the time of order placement or thereafter; in the event of that situation, the customer’s credit or debit card shall be credited back in full.
By using this website, you are acknowledging that the person receiving a shipment of alcoholic beverages from the licensed retailer is at least 21 years old. You also agree that you are not permitted to resell alcohol purchased. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use this site.
Orders and Returns
All items are subject to availability. If a product you ordered is not available at the time of sale, we reserve the right to either replace the product with a product of equal/greater value.
All orders are final and returns or exchanges are not accepted. However, if you receive your order and it has been damaged during shipment, the goods you received does not match your order, or there is anything missing from your order, email us at firstname.lastname@example.org within 3 days of receiving the shipment with a description of the damages or incorrect items and you must include pictures. We replace or refund items if they are defective or damaged.
If you enter an incorrect delivery address in connection with your order, or otherwise fail to sign for your order upon deliver, email us at email@example.com. If your order is returned to the sender, you will be able to receive a refund for the cost of your item, minus any applicable shipping costs and a $20 restocking fee.
Once the evidence of the damaged or incorrect goods is received and inspected or an undeliverable item is returned, we will send you an email to notify you that we have received it. We will also notify you of the approval or rejection of your refund or replacement. If your refund is approved, then it will be processed, and a credit will automatically be applied to your credit card or original method of payment.
Of course, as wine lovers, we recognize that every palette is different – so, if you are not satisfied with the quality of the wine you receive, please email us at firstname.lastname@example.org so that we can work with you to better accommodate your tastes.
All prices on the website are displayed in US dollars. All state and local taxes are calculated as per the prevailing rate of the shipping address unless otherwise impacted by federal, state, or local laws.
Your GrapeVibe Subscription
GrapeVibe offers a wine club services on an automatic or subscription basis, so you can enjoy our great GrapeVibe wines on a continuous basis. By placing a wine club order on the website, or reactivating a wine club subscription, you are enrolling in our automatically renewing wine club for future shipments of wine.
When you sign up for the GrapeVibe wine club, you acknowledge and agree your wine shipments will automatically renew, and unless and until you cancel, you authorize us to charge your payment method for future shipments of wine. You agree such shipments will automatically renew each month unless you change the frequency of your shipments. Each shipment will consist of 6 or 12 bottles of wine unless you change the quantity of your order. If you purchased a subscription with an introductory rate, you authorize us to charge your payment method after your introductory order at the rate then in effect. The rate for future shipments is subject to change at any time for subsequent months. Membership to our wine club is only available to individuals who are 21 years and older, residents of the United States and who have not been suspended or removed by GrapeVibe.
You can make changes to your information or subscription, including cancelation, by emailing us at email@example.com. Any modifications to your account must be made at least 5 days prior to the next scheduled shipment date in order to take effect for that period. Modifications made less than 5 days prior to your shipment date will take effect in the next billing period.
By opting in, enrolling, or otherwise agreeing to receive email and text messages from or on behalf of GrapeVibe, you acknowledge and agree you expressly consent to receive automated marketing email, telephone calls, or text messages from GrapeVibe, including text messages made with an auto dialer and auto generated emails. Your consent to receive these messages is not a condition of any purchase. Message frequency may vary. Message and data rates may apply, and you acknowledge that you are responsible for any message, data or other charges incurred. You may opt out of GraepVibe text messages at any time by replying STOP to the number sending the message. You may opt out of GrapeVibe email messages at any time by following the UNSUBSCRIBE link at the bottom of the email.
Sharing Your Content
We enthusiastically encourage you to share photos, videos, texts, reviews, testimonials, and other User Generated Content with GrapeVibe at firstname.lastname@example.org. By submitting User Generated Content, you acknowledge and desire that they may be may be accessed and viewed by the public. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms & Condition.
You represent and warrant that your User Generated Content is owned by you or you have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit. Further, you fully and unconditionally authorize us to use and exploit, your User Generated Content in all manners and mediums (including commercial use) desired by GrapeVibe. You agree to indemnify and hold GrapeVibe, their employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights, or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with GrapeVibe’s use or exploitation of User Generated Content.
We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the GrapeVibe. User Generated Content shall not state or reflect the attitudes and opinions of GrapeVibe, and any views and opinions expressed on our website shall not be attributed to or otherwise endorsed by GrapeVibe.
We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the GrapeVibe services and on third-party sites and platforms such as Facebook, Instagram, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications, or on our websites or in any other commercial manner.
Your Personal Information
Please see our CCPA Policy.
GrapeVibe services are for personal use and not for commercial purposes. Members may not have more than one active account and may not use multiple email addresses to create multiple active or inactive accounts. Members are prohibited from selling, trading or otherwise transferring a membership account to anyone else. We are not liable for any damages or losses caused by someone using your account with or without your permission. However, if GrapeVibe suffers any damage due to the unauthorized use of your account, you may be liable. By using the services and website, you represent that you qualify to use the services.
In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) or require you to set up an account as part of the registration process for the service, or as part of your continued use of the services. You agree to provide and maintain accurate, current and complete information for your account, including as applicable, your name, age, contact, and payment information. You agree that we may take steps to verify the accuracy of information you provide. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, age, image, photo, or likeness
You are responsible for maintaining the confidentiality of your account username and/or password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the GrapeVibe.
You must only use the GrapeVibe services for lawful purposes and in compliance with these Terms & Conditions and any applicable policies, and you must not use them in a way that is illegal or harmful or infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of GrapeVibe. In using any GrapeVibe service and the website, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
- copy, reproduce, re-port, frame, or improperly use, post or access any content for any purpose including the GrapeVibe logo and graphical images
- access content, data or portions of the GrapeVibe service which are not intended for you, or log onto a server or account that you are not authorized to access
- disrupt or interfere with the security of, or otherwise abuse, the GrapeVibe services, or any services, system resources, accounts, servers, or networks connected to or accessible through the GrapeVibe services or affiliated or linked sites including, but not limited to:
- use of “robots,” “spiders,” or “offline readers”
- submitting or transferring a virus, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”
- use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods
- use meta tags or any other “hidden text”
- probe, scan, or test the vulnerability of the GrapeVibe services
- “deep link” to the GrapeVibe services
- harvest or otherwise collect information about GrapeVibe users, including email addresses and phone numbers;
Finally, you agree not to engage in any behavior or conduct that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by GrapeVibe in its sole and absolute discretion. Therefore, we reserve the right to cancel and/or terminate any member’s account for any violation of the Terms & Conditions.
The Legal Stuff
GrapeVibe links third party service, like, but not limited to, Facebook and Instagram, and uses them in conjunction with our website, advertising, and overall service. We have no control or formal affiliation of these services so, you acknowledge and agree that GrapeVibe is not responsible for the availability of any such Third-Party Services, and does not endorse any statement, advertising, products, or other materials on or available from such Third-Party Services. Under no circumstances will we be responsible for any loss or damage resulting from the availability of any third-party service, or your reliance on the completeness, accuracy, or existence of any statement, advertising, products, or other materials on, or available from, third-party services.
You acknowledge and agree that the GraepVibe services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by GrapeVibe. Furthermore, you acknowledge and agree that the source and object code of certain GrapeVibe services (such as our online tools) and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary and confidential information of GraepVibe.
You agree to defend, indemnify and hold GrapeVibe, including all parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, liabilities, action, demand, loss, expenses, suit, or damages (including attorney’s fees) made or incurred by any third party arising out of or relating to your improper use of any services, your violation of these Terms, or your violation of any rights of a third party.
To the maximum extent permitted by law, in no event shall GrapeVibe or any of their service providers, licensors, suppliers, employees, agents, or officers be liable for damages of any kind (including but not limited to special, compensatory, indirect, incidental, consequential, or exemplary damages), lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability and/or if we were advised of such damages or of any advice or notice given to GrapeVibe or its service providers, licensors and suppliers arising out of or in connection with your use of any services. T This limitation shall apply regardless of whether the damages arise out of breach of contract, negligence, tort, or any other legal theory or form of action. additionally, the maximum liability of GrapeVibe and its service providers, licensors and suppliers to you under all circumstances will be limited to the amount paid, if any, by you in the last ninety (60) days to GrapeVibe for any services. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between GraepVibe and you. The GrapeVibe services would not be provided without such limitations. GrapeVibe will not be liable for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen circumstance beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, natural disaster, civil unrest or war.
You acknowledge and agree the GrapeVibe services, including without limitation, any products, goods, services, websites, applications, content, or any other information provided therein are provided “as is” and “as available”, with all faults, errors and omissions, and without any performance assurances or guarantees of any kind. We expressly disclaim any and all warranties, conditions, and representations, expressor implied, regarding the GrapeVibe services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, uptime, accessibility, and warranties arising from course of dealing, usage or trade practice. we make no guarantee or warranty that the service will meet your requirements or that they will be uninterrupted or error-free. you agree to use the services at your sole risk.
You and GrapeVibe agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and GrapeVibe agree that no dispute shall proceed byway of class arbitration without the written consent of all affected parties. Notwithstanding the foregoing, you may bring an individual action in the small claims court of the state, municipality, province, or territory if the action is within that court’s jurisdiction.
Feel free to reach out to GrapeVibe about our Terms & Conditions by email at email@example.com.