Terms & Conditions of Use

Thank you for visiting Wine Galaxy. In order to use this website, you must read and agree to the following Terms & Conditions of Use. Should you not understand any of the Terms & Conditions of Use included herein (herein after “Terms & Conditions”) you may speak to a Wine Galaxy agent directly at 877-497-0758, or by email at mark@winegalaxy.net. The following Terms & Conditions also apply to your use of our mobile apps and our official social media channels, including on Facebook, Twitter, Instagram, and LinkedIn (“Social Media Sites”), to the extent permitted by the Social Media Sites’ terms and conditions of use. By selecting consent/agree, and by browsing this website, you hereby acknowledge that you understand all terms and consent to such Terms & Conditions. References to our “Site” refer to this website, our mobile apps, and our Social Media Sites. Now in operation, and to be developed. This Site is sponsored and maintained by Wine Galaxy, Inc., and its managers and agents, with a principal office located at 9 Cranbrook Road, Shrewsbury, Massachusetts 01545 (hereinafter “Wine Galaxy,” “we,” or “our”).

THESE TERMS & CONDITIONS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE BELOW.

This Site is restricted to users of legal drinking age in the United States, age 21 or older. If you are younger than 21, please exit our Site immediately. By continuing, you confirm that you are 21 or older. You are responsible for complying with applicable laws and ensuring that your access to our Site is legal in your country of residence.

Wine Galaxy does not sell direct to consumers. Wine Galaxy sells direct to companies for their promotional use and incentive programs for employees. All such purchasers of wine through this website hereby warrant and affirm that Wine Galaxy products will only be supplied to a consumer of legal age and in compliance with any other state laws. Hereinafter, any reference to “you,” shall refer to such organizations who purchase Wine Galaxy products on behalf of their employees. To the extent individual consumers are accessing this website, please be advised that continued use of the Site you agree to the Terms & Conditions of the Site. However, if you are an individual you are unable to make direct purchases from this Site.

The effective date of these Terms & Conditions is January 1, 2021. Wine Galaxy may modify these Terms & Conditions at any time. Each time you access this Site, it is your responsibility to review these Terms & Conditions for updates. Your continued use of the Site after we have posted any modifications means that you accept such modified Terms & Conditions. If you disagree with these Terms & Conditions (as may be modified) or are dissatisfied with our Site, your sole remedy is to discontinue using our Site.

Where applicable, you may need to register as a member to access certain portions of our Site, and you may be required to be logged in to your account and have a valid payment method associated with it on file. You are solely responsible for maintaining the confidentiality of your username and password and for all activity under your username and password. You may not use anyone else’s username or password or permit others to use yours. You must notify us immediately of any suspected unauthorized use of your account or any inaccuracy in your registration information. We reserve the right to terminate membership or accounts, refuse service, or cancel orders in our sole discretion and without liability.

Wine Galaxy makes no representation or warranty that any material, images, or files obtained from or through thisSite are free from viruses or other defects. It is your responsibility to take customary precautions against computer viruses. You agree to use this Site at your own risk. The transmission of any material or data to this Site which is harmful contains corrupt computer code, contains a virus, or is otherwise malicious or harmful to Wine Galaxy, or attempts to corrupt the material, images, or files of this Site is strictly prohibited. You may not use this Site to send or post any material which is obscene, offensive, defamatory, unlawful, or otherwise harmful or detrimental to Wine Galaxy or this Site. Further, you warrant and represent that any and all information provided by you through interaction with this Site is true and accurate. Wine Galaxy reserves the right to disclose or use aspects of the information which you provide, in the normal course of its business.

All content included in or made available through our Site, such as text, images, logos, graphics, and functionality, is the property of Wine Galaxy or its content suppliers and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. Unauthorized or improper use of the material, images, and files on this Site may result in violation of those laws. As such, Wine Galaxy reserves the right to terminate your use of this Site at any time, without notice. All restrictions, rights granted by you, and all disclaimers and limitations of liability by Wine Galaxy will survive termination. You agree to discontinue use of this Site immediately upon your disagreement with or breach of any of these Terms & Conditions, as they may be amended from time to time. You hereby waive, discharge, release and relinquish any and all claims that you now have or may have against Wine Galaxy, and further agree to indemnify and hold Wine Galaxy harmless from any claim or demand, including reasonable legal fees, made by any third party arising from your use of this Site, the violation of these Terms & Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity. If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide us with the information in writing via email mark@winegalaxy.net.

While we are committed to safeguarding your privacy online, we cannot guarantee and make no representations that communications will be absolutely secure. By submitting your personal information to us, you acknowledge that there is no guarantee of security and that we have no liability for any interception or unauthorized access. Further, our Site may contain links to other websites. We are not responsible for those websites, their content, or any goods or services available on those websites. Any links visited through this website are at your own risk.

OUR SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINE GALAXY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WINE GALAXY DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WINE GALAXY ENDEAVORS TO PROVIDE ACCURATE PRODUCT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SITE. NEITHER WINE GALAXY NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, DEATH, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER OR NOT IT KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES, ARISING FROM MESSAGES TRANSMITTED TO OR FROM THIS WEBSITE, OR FROM YOUR USE, IN ANY FORM, OF THE MATERIAL, IMAGES OR FILES PROVIDED ON THIS WEBSITE. IF THE ABOVE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED $100 U.S. DOLLARS. Note that, some states do not allow the exclusion or limitation of certain warranties or liabilities, in which case the above limitations or exclusions may not apply to you.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WINE GALAXY AND ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR ARISING OUT OF ANY CONTENT THAT YOU POST. THESE TERMS OF USE ARE SUBJECT TO CHANGE FROM TIME TO TIME, WITHOUT NOTICE, AS DETERMINED WITHIN THE SOLE DISCRETION OF WINEGALAXY. CONTINUED USE OF THIS WEBSITE AFTER ANY AMENDMENT

BECOMES EFFECTIVE CONSTITUTES AN AGREEMENT BY YOU TO ABIDE AND BE BOUND BY THE AMENDED TERMS OF USE INCLUDING THE WARRANTIES AND DISCLAIMED WARRANTIES HEREIN.

Please contact Wine Galaxy at 877-497-0758, or by email at mark@winegalaxy.net, regarding any concerns and/or disputes. Any disputes that cannot be resolved by our office will be resolved in accordance with the foregoing dispute resolution policy. This dispute resolution provision will survive any termination of these Terms &Conditions of Use.

ANY DISPUTE OR CLAIM RELATED IN ANY WAY TO YOUR USE OF OR OTHERWISE ARISING OUT OF OUR SITE, INCLUDING ANY PRODUCTS PURCHASED THROUGH OUR SITE OR YOUR PARTICIPATION IN ANY PROMOTIONAL ACTIVITIES, WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS SPECIFIED BELOW.

Claims for public injunctive relief (as defined by law) are not subject to this mandatory binding arbitration provision. Similarly, in lieu of arbitration, you may assert claims in small claims court having jurisdiction if your claims qualify. There is no judge or jury in an arbitration proceeding. It is your obligation to review the arbitration process and your continued use of this Site constitutes your understanding and acceptance of such terms.

Any arbitration will be conducted by the American Arbitration Association (AAA) under the AAA’s    CommercialArbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA Rules are available to the public online. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Wine Galaxy will reimburse those fees for claims demanding less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Wine Galaxy will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Unless we agree otherwise, the arbitration hearing will take place in Massachusetts, where Wine Galaxy’s principal office is located.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

The Federal Arbitration Act, applicable federal arbitration laws and the laws of the Commonwealth of Massachusetts, USA, without regard to principles of conflict of laws, will govern these Terms & Conditions of Use and any dispute of any sort that might arise between you and Wine Galaxy.

These Terms & Conditions of Use, and the other policies posted on our Site, constitute the entire agreement between us regarding our Site. Wine Galaxy’s failure to exercise any right under these Terms & Conditions of Use does not operate as a waiver of such right. All uses of “including” or “includes” may not be interpreted as limiting. If any provision is unlawful, void, or unenforceable, that provision is deemed severable and will not affect any remaining provision. By accessing, browsing, or using this Site, you agree to these terms, conditions and disclaimers as amended from time to time. By completing the registration process to use this Site, you expressly agree to be bound by these Terms & Conditions of Use. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.

To download a PDF of Wine Galaxy, Inc.’s Terms & Conditions, please click on the button below.

Terms & Conditions