Terms and Conditions
Agreement between User and www.winebuyoftheday.com
Welcome to www.winebuyoftheday.com. The www.winebuyoftheday.com website (the “Site”) is comprised of various web pages operated by ZevMir, LLC DBA Wine Buy of the Day (“Wine Buy of the Day”). www.winebuyoftheday.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.winebuyoftheday.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.winebuyoftheday.com is an E-Commerce Site.
Wine Buy of the Day provides a service recommending wines, coffees, and CBD related products from our partners (“Merchants”) that we believe are of value to our visitors. We are not a liquor store, have no liquor license and do not take orders for wine or liquor nor do we ship wine or liquor. We do not manufacture CBD products.
Certain Coffee, CBD, and non-alcoholic wine related products may be available for purchase on this site. When you click to buy, you will be directed to a cart on www.winebuyoftheday.com where you may purchase the product. Displayed prices on www.winebuyoftheday.com do not include tax or shipping costs which will be added to the cart before checkout.
When you click on ‘buy from Merchant’ you will be sent to our partner’s site where you may purchase the product. Prices are set exclusively by our merchants. If the Merchant’s price varies from the price on www.winebuyoftheday.com the Merchant’s price prevails, and Wine Buy of the Day shall not be responsible for the price variance. Displayed prices on www.winebuyoftheday.com do not include tax or shipping costs. It is up to the Merchant to charge these fees as per their policies. All policies associated with each Merchant sale are set by our partners who are solely responsible for their transactions.
Individuals less than twenty-one (21) years of age are prohibited from use of www.winebuyoftheday.com. If you are under 21 years of age, you may not purchase products from www.winebuyoftheday.com nor our Merchants.
CBD Related Products Disclaimer
Any and all statements from the manufacturer of CBD related products and/or represented on the Wine Buy of the Day website have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease or ailment. Wine Buy of the Day assumes no responsibility for the improper use of these products. We recommend consulting with a qualified medical doctor or physician when preparing a treatment plan for any and all diseases or ailments. Wine Buy of the Day does not make any health claims about our products and recommend consulting with a qualified medical doctor or physician prior to consuming our products or preparing a treatment plan.
It is especially important for those who are pregnant, nursing, chronically ill, elderly or under the age of 18 to discuss the use of these products with a physician prior to consuming.
You must be 21 years or older to visit this website and/or purchase Wine Buy of the Day products. The information on our website is intended to provide general information regarding our products and is not to be construed as medical advice or instruction.
CBD Related Products Customer Testimonial Disclaimer
Wine Buy of the Day shall not be held liable for the medical claims made by customer testimonials. Any and all customer testimonial statements made regarding CBD related products have not been evaluated by the Food and Drug Administration. The efficacy of these products and the testimonials made have not been confirmed by FDA- approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.
Visiting www.winebuyoftheday.com or sending emails to Wine Buy of the Day constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Wine Buy of the Day is not responsible for third party access to your account that results from theft or misappropriation of your account. Wine Buy of the Day and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen (13) and individuals Under Twenty-One (21)
Wine Buy of the Day does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 21, you may not use www.winebuyoftheday.com.
Cancellation or return of items purchased from our partners (Merchants) is exclusively subject to the policies of the specific Merchant.
For items purchased on the www.winebuyoftheday.com site:
All orders received are subject to acceptance by Wine Buy of the Day in our sole discretion. All processed orders are subject to availability. Wine Buy of the Day is not liable for delay in product shipment.
Reservations & Exceptions. We reserve the right to adjust pricing on products without notice. In addition, we reserve the right to modify terms, specifications and the like for Products on the Internet Purchase Page or Website at any time without notice. Any errors in Product specifications, descriptions, and pricing are subject to correction by us. We also reserve the right to reject any order that is not consistent with these terms & conditions.
Shipping. Wine Buy of the Day reserves the right to select alternative carriers for shipments. Shipping charges are invoiced according to costs related to UPS, FedEx or USPS. All liability for loss passes to the customer once it leaves our warehouse, however, we will honor replacement merchandise for damaged shipments after the damaged item(s) have been returned to us. Claims of non-delivery will be honored if no proof of delivery is offered by UPS or USPS, otherwise, the merchandise shall be deemed delivered.
Cancellations. Orders may be canceled before they are delivered to a common carrier for shipment. Once delivered to the common carriers, orders are deemed to have shipped and may not be canceled.
Returns. We do not accept returns for perishable items, all sales are final. Defective merchandise will be exchanged for the same or similar product. Refunds are not given for any claims.
Links to Third Party Sites/Third Party Services
www.winebuyoftheday.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wine Buy of the Day and Wine Buy of the Day is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wine Buy of the Day is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wine Buy of the Day of the site or any association with its operators.
Certain services made available via www.winebuyoftheday.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.winebuyoftheday.com domain, you hereby acknowledge and consent that Wine Buy of the Day may share such information and data with any third party with whom Wine Buy of the Day has a contractual relationship to provide the requested product, service or functionality on behalf of www.winebuyoftheday.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Wine Buy of the Day or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Wine Buy of the Day content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Wine Buy of the Day and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Wine Buy of the Day or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Wine Buy of the Day has no obligation to monitor the Communication Services. However, Wine Buy of the Day reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wine Buy of the Day reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Wine Buy of the Day reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wine Buy of the Day’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wine Buy of the Day does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wine Buy of the Day specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wine Buy of the Day spokespersons, and their views do not necessarily reflect those of Wine Buy of the Day.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.winebuyoftheday.com or Posted on Any Wine Buy of the Day Web Page
Wine Buy of the Day does not claim ownership of the materials you provide to www.winebuyoftheday.com (including feedback and suggestions) or post, upload, input or submit to any Wine Buy of the Day Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wine Buy of the Day, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Wine Buy of the Day is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Wine Buy of the Day’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Wine Buy of the Day account to third party accounts. By connecting your Wine Buy of the Day account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Wine Buy of the Day from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wine Buy of the Day Content accessed through www.winebuyoftheday.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Wine Buy of the Day, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Wine Buy of the Day reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wine Buy of the Day in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Wine Buy of the Day agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZEVMIR, LLC DBA WINE BUY OF THE DAY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ZEVMIR, LLC DBA WINE BUY OF THE DAY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZEVMIR, LLC DBA WINE BUY OF THE DAY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Wine Buy of the Day reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wine Buy of the Day as a result of this agreement or use of the Site. Wine Buy of the Day’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wine Buy of the Day’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Wine Buy of the Day with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wine Buy of the Day with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wine Buy of the Day with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Wine Buy of the Day reserves the right, in its sole discretion, to change the Terms under which www.winebuyoftheday.com is offered. The most current version of the Terms will supersede all previous versions. Wine Buy of the Day encourages you to periodically review the Terms to stay informed of our updates.
Wine Buy of the Day welcomes your questions or comments regarding the Terms: ZevMir, LLC DBA Wine Buy of the Day, PO Box 244 47 Plantation Road, East Windsor CT 06016; Email Address: [email protected]; Telephone number: +1 917-362-1111
Effective as of January 12, 2018
Last updated July 25, 2019