Terms & Conditions

TERMS AND CONDITIONS OF USE

Welcome to GenuwineCellars.shop. Genuwine Cellars and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Statement, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit GenuwineCellarsOnline.com or send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Genuwine Cellars or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Genuwine Cellars, including all authorship and moral rights, and is protected by international copyright laws.

TRADEMARKS

Genuwine Cellar’s trademarks and trade dress may not be used in connection with any product or service that is not Genuwine Cellar’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Genuwine Cellars. All other trademarks not owned by Genuwine Cellars or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Genuwine Cellars or its subsidiaries.

LICENSE AND SITE ACCESS

Genuwine Cellars grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Genuwine Cellars. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Genuwine Cellars. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Genuwine Cellars and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Genuwine Cellars’ name or trademarks without the express written consent of Genuwine Cellars. Any unauthorized use terminates the permission or license granted by Genuwine Cellars. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Genuwine Cellars so long as the link does not portray Genuwine Cellars, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Genuwine Cellars logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

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. If you are under 18, you may use our website only with involvement of a parent or guardian. Genuwine Cellars and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Genuwine Cellars reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Genuwine Cellars and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Genuwine Cellars and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Genuwine Cellars or its associates for all claims resulting from content you supply. Genuwine Cellars has the right but not the obligation to monitor and edit or remove any activity or content. Genuwine Cellars takes no responsibility and assumes no liability for any content posted by you or any third party.

CONFLICT OF TERMS

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

RISK OF LOSS

All items purchased online or otherwise from Genuwine Cellars are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Genuwine Cellars and its associates attempt to be as accurate as possible. However, Genuwine Cellars does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Genuwine Cellars itself is not as described, your sole remedy is to return it in unused condition.

PRODUCT AVAILABILITY

We strive to ensure all products will be delivered upon receipt of your payment. However, this is dependant upon inventory and availability for delivery. Should delivery time exceed your shipping method time allotment, you will be notified by your preferred method of contact.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY GENUWINE CELLARS ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENUWINE CELLARS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GENUWINE CELLARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GENUWINE CELLARS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GENUWINE CELLARS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GENUWINE CELLARS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. This section does not affect the Quebec legal warranty as applied under the Consumer Protection Act.

APPLICABLE LAW

By visiting Genuwine Cellars, you agree that the laws of the Province of Manitoba, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Genuwine Cellars or its associates.

Use of this Site is governed by the provincial and federal laws of Canada. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside of Canada and the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

DISPUTES

Any dispute relating in any way to your visit to Genuwine Cellars or to products you purchase through Genuwine Cellars shall be submitted to confidential arbitration in the Province of Manitoba in Canada, except that, to the extent you have in any manner violated or threatened to violate Genuwine Cellars’ intellectual property rights, Genuwine Cellars may seek injunctive or other appropriate relief in any federal or provincial courts in the Province of Manitoba, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Genuwine Cellars. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

SITE TYPOGRAPHICAL ERRORS

All content in this site is reviewed periodically to ensure correct content. Should an error in description or pricing occur, we reserve the right to cancel your order immediately. If your payment has already been processed, we will issue a credit to your account and contact you regarding this issue immediately.

QUESTIONS

Questions regarding our Conditions of Use, Privacy Statement, or other policy related material can be directed to our support staff by contacting us.