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Disclaimer, Waiver of Liability and Club Rules

General Agreement:

By agreeing to the terms set forth, the signor agrees to become a Club Member of the Boutique Wine Club and abide by the club rules and terms as stated in this Agreement.

 

Legal Drinking Age Required:

Club members must be of legal drinking age to access this Site, join the Boutique Wine Club or order wine. Boutique Wine Club does not sell or serve alcohol to persons under the age of 21. By accessing the Site, you swear and affirm that you are over the age of 21. Boutique Wine Club makes every effort to ensure that alcoholic beverages are not delivered to or served to anyone who is under the age of 21. By accessing this Site, you agree that any alcohol purchased from or received by you from representatives of Boutique Wine Club 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, Boutique Wine Club will prosecute you fully to the extent allowable by law.

 

Government Warning Concerning Health Consequences of Consuming Alcohol:

By accessing this Site, you acknowledge that there is a government warning concerning the health effects of consuming alcoholic beverages:

Government warning: (1) According to the Surgeon General and as mandated by California’s Proposition 65 Alcohol Warning, drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects; (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Drink responsibly.

 

Liability Waiver:

In consideration for your being given access to the Site, you hereby release, waive, discharge and covenant not to sue Boutique Wine Club, its owners Boutique Wine Partners, subsidiaries, DBAs, affiliates, successors, contractors, agents, representatives and/or employees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any damage to your property or loss, damage or injury that you personally sustain, including death, whether caused by the negligence of Boutique Wine Club or its representatives or not while participating in Boutique Wine Club programs, using Site content and/or attending Boutique Wine Club Events in person, regardless of location. You hereby assume all risks to your property and your person and in no way will Boutique Wine Club be liable to you for damages or injuries you sustain.

 

Minimum Purchase

By agreeing to become a member of the Boutique Wine Club, you agree to accept and authorize payment of up to four club shipments per year and a minimum of the first two shipments following your sign-up date. If you cancel your membership prior to paying for the first two shipments, you agree pay a $50 early termination fee. Henceforth, after paying for two shipments, there is no additional charge to cancel your membership, and you may do so at any time up to 5 days prior to the published date of next wine club shipment. Otherwise, once you agree to join the Boutique Wine Club, you will receive and authorize payment of every shipment until you cancel by written notice.

 

Cancellation:

Once the wine club member has received and paid for two club shipments, the club member is able to cancel his club membership without charge or payment of cancellation fee. Cancellation must be given by written notice (by delivery of U.S. Postal Service mail or via email with return notice of receipt from Boutique Wine Club) confirmed as received within 5 days of the following shipment’s published closing date. If notice is delivered within 5 days of the published closing date, the wine club member is liable for the payment of the next wine club shipment.

 

Guarantee and Return Policy:

Boutique Wine Club will make every feasible effort to guarantee the quality and deliverability of all its shipments and products. If a product is damaged upon delivery, Boutique Wine Club will replace the product at no charge to the club member. If the product is received by the club member but is not satisfactory to the club member for any reason such as damage, spoilage, or unsatisfactory taste or quality, Boutique Wine Club will replace the product with a comparable product of its choice and at no charge to the club member. Once the replacement product is issued, Boutique Wine Club is no longer liable for providing additional replacement products.

 

Termination:

Boutique Wine Club may, at its discretion and for any reason, cancel a club member’s membership and rights to receiving product without notice or continuing liability to provide the club member product, service or attention.

 

Legal Basis:

Any dispute that arises between Boutique Wine Club and a wine club member pertaining to any element of this Agreement titled ‘DISCLAIMER, WAIVER OF LIABILITY AND CLUB

RULES’ will be under the jurisdiction of the laws of Santa Barbara County, California. Both parties hereby agree to resolve any dispute that may arise from this Agreement through binding arbitration supervised by the Santa Barbara Superior Court or any other supervising arbitrator agreed to in writing by both the owners of Boutique Wine Club and the wine club member. As such, both Boutique Wine

Club and the wine club member hereby waive any and all rights to civil court proceedings, including hearings and trials. Both parties will be responsible for paying for their own legal representation despite whichever party might prevail through arbitration or settlement.

© 2016 Boutique Wine Club. All Rights Reserved.
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