Please read these Terms & Conditions (“Terms”) fully and carefully before signing any Contract or our services (the “Service”) offered by purple cork (“we”, “us”, “our” or “purple cork”). These Terms set forth the legally binding terms and conditions for your use of our Services.

ACCEPTANCE OF TERMS

By entering into a Contract for our Services you agree to these Terms.

ELIGIBILITY

With regard to any event that might be entered into between us, you represent and warrant that you and any of your guests (whose information you provide us for your event) are of legal age for the consumption of alcohol for the state in which they will be attending the event (“Legal Age”). If any of your guest are not of Legal Age, you may not, under any circumstances or for any reason, allow them to be part of the event. We may, in our sole discretion, refuse to offer the Services and/or ship product to any person not of Legal Age. All orders shipped out for events must be for personal use only. By using our Service, you hereby agree not to resell or distribute such products for any commercial purposes. 

SHIPPING 

It is your responsibility to provide us with correct addresses for all eligible participants of your event. We will ship your order as soon as weather permits in order to ensure proper transit conditions so as not to damage the wine. This means that the wine will only be shipped via overnight shipping with ice packs between the months of May and October.  

You and your guests will be sent tracking information upon pickup by the carrier from the wineries so you can stay up to date on the delivery progress of your wine. Someone of Legal Age must be present at the time of delivery to sign for your order and we strongly suggest that you verify all addresses with your guests to improve delivery success on the first attempt.  

If your delivery fails 3 times, it will be held at the nearest local carrier facility automatically for you to pick up within 7 days, after which it will be returned to the winery. You will be charged for any reshipping and return fees associated with your order, along with any requested redirect fees should you ask for a change in delivery address after your order has been picked up by the carrier.  

We reserve the right to charge you our costs incurred for making any order changes once we have processed the order (such as address changes, editing order, re-shipping and return fees, requested reroute or re-direct fees). We are not responsible for damage or spoiling of any product due to delayed deliveries.

PAYMENTS AND BILLING

Paid Services

Our Services, including the shipping of kits for your event, are subject to the specific payment terms referenced in the contract and are deemed part of these Terms. In the event said payments are not made by you when required, we reserve the right to cancel your event and retain the deposits paid. Furthermore, if a client adds additional guests after this contract is finalized, they will be charged the requisite amount for each additional kit. However, they will only be charged for the number of kits processed. purple cork reserves the right to not process additional requested kits within a week of the event.

Billing

Preferred payment is through ACH or wire transfer. If you use a credit card for payment of said event, we will add in a 3% processing fee. You agree to pay us all charges set forth herein in accordance with the applicable payment terms and you authorize us, either by ACH or credit card processing, to charge your chosen payment provider. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other providers of your chosen Payment Method. If we do not receive payment from you, you agree to pay all amounts due for your event upon demand and any costs of collection, including reasonable attorneys’ fees.

Payment Terms

You hereby authorize, agree and assent to purple cork billing your financial institution or credit card submitted as part of the order process for such amounts that are due.

WARRANTY DISCLAIMER

We have no special relationship with or fiduciary duty to you. We make no representations concerning any wines, cheeses or similar products provided for said events.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, which arise from or relate to your violation of the eligibility requirements as well as any claims that arise based on the misuse of alcohol. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

LIMITATION OF LIABILITY

In no event shall we, nor our directors, employees, agents, partners, suppliers or wineries, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or for any direct damages in excess of (in the aggregate) of the greater of (a) fees paid to us for the particular event or (b) $500.00.

ARBITRATION CLAUSE 

You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these terms and your event, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and we hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.

As an alternative, you may bring your claim in the state and federal courts within San Francisco, California, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the contract or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

This arbitration agreement will survive the termination of your relationship with us.

GOVERNING LAW AND JURISDICTION

These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts within San Francisco, California.

CONTENT

Definition

For purposes of these Terms, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through our Website. You acknowledge that all Content accessed by you using our Website is at your own risk. We do not guarantee that any Content you access on or through the Website will not be updated or changed in the future.

Notices and Restrictions

Our website may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through our website.

Use

Use, reproduction, modification, distribution or storage of any Content for other than purposes of using our website is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Availability of Content

We do not guarantee that any Content will be made available on the Application or through our website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from our website.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue use of our website (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the site. We may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for needed changes. Your continued use of the website following any changes to these Terms constitutes acceptance of those changes.

MISCELLANEOUS

Entire Agreement and Severability

These Terms and Conditions and any other Terms set forth in any Contract entered into between us are the entire agreement between you and us with respect to any Contract entered into by purple cork, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to any Contract entered into by purple cork for an event. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, Acts of God, environment/weather, war, civil commotion, fire or other casualty, labor difficulties, shortages of labor, shipping, materials or equipment, governmental regulations, act of the other party, or other cause beyond our reasonable control.

Assignment

These Terms and Conditions and any other Terms set forth in any Contract are personal to you and are not assignable or transferable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

No Waiver

Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings

The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.