Terms & Conditions – Wine Shipping, Cancellations & Returns, Travel Services

Last updated 01/29/2018.

General

At Best Bottle, we strive to offer a first-class experience for our members and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and Best Bottle, its affiliates, and its and their parent and subsidiary companies (collectively, “Best Bottle,” “we,” or “us”) with respect to your use of this website and any other Best Bottle owned websites, micro-sites, and social media pages and accounts (collectively, “Best Bottle Sites”), all Best Bottle-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Best Bottle Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Best Bottle Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Best Bottle Services, specific areas of certain Best Bottle Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Best Bottle Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Best Bottle Sites or Applications will be controlling with respect to those particular areas. Best Bottle reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Best Bottle Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Best Bottle Sites, Applications or any other website in regard to Best Bottle, or while contacting any of our Member Services team, will not be tolerated.

Wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult (21+) present to sign for all Best Bottle shipments. A valid government-issued ID may be required upon delivery. Wine sales are solicited, offered, accepted, made, and delivered by licensed wineries or retailers who receive all orders. Void where prohibited.

Privacy

Your use of the Best Bottle Sites, Applications and Services is subject to our Privacy Notice, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Best Bottle.

Best Bottle Wine Club Membership & Wine Store

You may become a Best Bottle Wine Club member by providing the requested registration information and submitting it to Best Bottle through the Best Bottle Sites or Applications. By becoming a member and placing an order, you agree to receive shipments of of wine from Best Bottle until you cancel your membership. You may suspend or cancel your membership any time. A shipping charge will apply based on the shipping address. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Best Bottle to charge your credit card (including shipping and any applicable tax) for each Best Bottle wine shipment. Please notify us at least 7 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership. Membership Termination. You may cancel your Best Bottle Membership at any time by accessing your account. Best Bottle may terminate your membership and refuse any and all current or future use of your Best Bottle Membership or Best Bottle Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Best Bottle determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Best Bottle determines, in its sole discretion, that you are using your Best Bottle Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Best Bottle deems appropriate in its sole discretion. Member Registration. If you register to become a Best Bottle member, you agree to complete the initial registration process according to the requirements stated on the applicable Best Bottle Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Best Bottle Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Best Bottle that your use of a payment card in connection with any purchase you make on or through Best Bottle Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify Best Bottle if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password. Member Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number. Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Best Bottle to charge such amount to your payment card at that time.

Best Bottle’s Commitment to Quality

If you are dissatisfied with your Best Bottle purchase for any reason, please contact Best Bottle so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to Best Bottle. Subject to the conditions set forth here, Best Bottle will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. Best Bottle Gifts are nonrefundable. BEST BOTTLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A BEST BOTTLE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.

Restocking and Reshipment Fees

Orders returned to Best Bottle may be subject to a reasonable restocking fee. Best Bottle reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.

Your Account

All alcohol listings are intended for individuals who are 21 years of age or older. Best Bottle reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion. You must be at least 21 years of age to use Best Bottle sites and purchase alcohol through Best Bottle Services.

Access your account any time by clicking Go To My Account.

Best Bottle Travel Services

Registration and Payment

A deposit of 30% is required at the time of booking. We accept payment via credit card for your deposit. The balance is due 90 days prior to departure. If your reservation is made within 90 days of departure, the entire cost of the trip must be paid at the time of confirmation.

Cancellation

All cancellations of confirmed reservations are subject to a $350 per person administrative fee. Additionally, clients are subject to any cancellation fees assessed by the purveyors of services including hotels, rail or airlines used in the itinerary. Cancellations 90 days or more prior to departure will receive full refund minus the $350 per person administrative fee. 60-89 days will be subject to loss of deposit (30% trip price). 30-59 days will be subject to loss of 50% of program price. 29 days or less will be subject to 100% of program price.

Insurance

We strongly recommend the purchase of trip cancellation insurance, which is available for coverage of expenses in conjunction with cancellation due to illness or accident. Baggage insurance is also recommended. In the event that you must cancel your participation in a travel program, trip cancellation insurance may be the only source of reimbursement.

Passports and Visas

Valid passports are required for travel to most destinations. Check with the appropriate consulate or embassy for the latest visa requirements.

Baggage

Weight restrictions may apply on internal flights. Baggage and personal effects are at owner’s risk throughout the travel program. Check with the airline for other baggage restrictions applicable to internal and international flights.

Changes

Prices are based on current rates of exchange, tariffs and taxes. Best Bottle reserves the right to increase tour prices to cover increased costs, tariffs and taxes, and to reflect fluctuations in foreign exchange markets. Best Bottle also reserves the right to withdraw a tour or any part of it to make such alterations in the itinerary or with the tour inclusions as it deems necessary or desirable and to pass on to tour members any expenditures or losses caused by delays or events beyond its control. Itineraries and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond Best Bottle control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued.

Promotional Photography

Best Bottle reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a reservation with Best Bottle, program members agree to allow their images to be used in such photographs. Program members who prefer that their images not be used are asked to identify themselves to their travel program escort at the beginning of their program.

Claims and Refunds

Refunds are not made for any missed services, except for verifiable extenuating circumstances. Please see our Limits on Responsibility on this page. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the program and be accompanied by supporting documentation and/or a statement from the Operating Company verifying the claim. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. Best Bottle will not accept any liability for any claims that are not received within 30 days of the termination of your travel program. All claims for days missed while travelling should be made in writing within 30 days of the termination of the program.

Air Transportation

Best Bottle will not accept any responsibility for mistakes or errors in airfare bookings made by independent third parties. The traveler’s intinerary will have detailed tour information, and it is up to the traveler to ensure the correct arrival and departure flight information from the tour start and end cities. The independent agent will arrange the best-priced airfare available in the class category you request at the time of your booking. Please note that certain airfares are subject to a service fee. Should you cancel or change your air reservation before or after your departure, cancellation penalties may apply.

Airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances. These programs may use the services of any IATA carrier. International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the reverse side of the airline ticket and form part of the terms and conditions of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and/or passage.

Limits on Responsibility

Best Bottle, its employees, officers, directors, successors, agents and assigns, does not own or operate any entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other affiliated Best Bottle companies). All such persons and entities are independent contractors. As a result Best Bottle is not liable for any negligent or willful act of any such person or entity or of any third person.

Best Bottle, acts solely as agents for the client with respect to all transportation, hotel and other tour arrangements. In that capacity, Best Bottle exercises all reasonable care possible to ensure the traveler’s safety and satisfaction, but, Best Bottle neither assumes nor bears any responsibility or liability for any injury, death, damage, loss, accident, delay, or irregularity arising in connection with the services of any airplane, train, ship, automobile, motor coach, carriage, or other conveyance, or the actions of any third-party involved in carrying the traveler or in affecting these tours. Best Bottle is not responsible for damages, additional expenses, or any other losses due to cancellation, delay or other changes in air or other services, sickness, weather, strike, war, civil disturbances, acts or threats of terrorism, travel warnings or bans, termination or suspension of war risks or other carrier insurance, quarantine, acts of God or other causes beyond its control. All such losses must be borne by the traveler, and tour rates provide for arrangements only for the time stated. Best Bottle is not responsible for delays, changes or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event of cancellation, delay or rescheduling mandated by any of the aforesaid causes beyond Best Bottle’ control, the passenger shall have the option of accepting in lieu of the original tour such rescheduled tour or other substituted tour(s) as may be offered, or else, receiving a refund of as much of such advance tour expenditures as Best Bottle can recover on the traveler’s behalf from carriers, third-party tour vendors, etc., but, Best Bottle shall not have any obligation or liability to the traveler beyond the foregoing. Best Bottle reserves the right to make alterations to the tours itinerary and to substitute hotels, vehicles, ships, or activities if this is required. Best Bottle reserves the right to cancel, delay, or reschedule any tour prior to departure, and, so long as this is not due to any of the aforesaid causes beyond our control, the passenger shall be entitled to a full refund of all monies paid to that point if he/she so desires, less any non-refundable deposits or uncollectible expenses incurred.

In addition and without limitation, Best Bottle is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.

Risks: There are certain inherent risks in travel of the type involved here. These include, but are not limited to, hiking, walking safaris, climbing injuries and altitude sickness, and in all trips dangers of animals, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. Passenger assumes all such risks with regard to these possibilities.

Travel Advisories/Warnings: It is the responsibility of The Traveler to become informed about the most current travel advisories and warnings by referring to the U. S. State Department’s travel website at www.travel.state.gov/ or by phone at 1-888-407- 4747. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the trip, should The Traveler still choose to travel, notwithstanding any travel advisory or warning, The Traveler assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.

Arbitration Agreement: Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the brochure, or any information relating in any way to the trip, or to the trip itself, shall be settled solely and exclusively by binding arbitration in Oregon, US, in accordance with the rules of the Arbitration Association then existent.

Travelers Representations: The Traveler represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. Best Bottle reserves the right to decline to accept anyone on a trip. Best Bottle reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip.

Disclaimer of Warranties

THE BEST BOTTLE SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE BEST BOTTLE SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND BEST BOTTLE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER BEST BOTTLE NOR ANY PERSON ASSOCIATED WITH BEST BOTTLE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE BEST BOTTLE SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER BEST BOTTLE NOR ANYONE ASSOCIATED WITH BEST BOTTLE REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE BEST BOTTLE SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL BEST BOTTLE, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE BEST BOTTLE SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK.

Indemnification

You agree to defend, indemnify and hold harmless Best Bottle and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Best Bottle Sites, Applications or Services.

Trademarks

The trademarks and service marks displayed on the Best Bottle Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Best Bottle and its licensors. For a list of Best Bottle trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Best Bottle Sites, Applications and Services are trademarks, service marks or trade dress of Best Bottle in the U.S. and other countries. Best Bottle’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Best Bottle, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Best Bottle. All other trademarks not owned by Best Bottle that appear in any Best Bottle Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Best Bottle.

Copyright

All content included on or made available through any Best Bottle Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Best Bottle or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Best Bottle Sites, Applications and Services is the exclusive property of Best Bottle and protected by U.S. and international copyright laws.

Submitted Materials and Ideas

While we appreciate your interest in Best Bottle and our business, Best Bottle does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Best Bottle might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on Best Bottle Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

Links to Third-Party Websites

Best Bottle Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Best Bottle has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Best Bottle Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND BEST BOTTLE MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate

You and Best Bottle agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Best Bottle Terms, your use of Best Bottle Sites, Applications or Services, or to any products sold or distributed by Best Bottle or through Best Bottle Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Best Bottle may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Best Bottle subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Best Bottle members but is bound by rulings in prior arbitrations involving the same Best Bottle member to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions

You and Best Bottle agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Best Bottle agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Best Bottle members.

If for any reason a claim proceeds in court rather than in arbitration both you and Best Bottle each waive any right to a jury trial. You and Best Bottle also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law and Jurisdiction

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Best Bottle Sites, Applications or Services, or any products sold or distributed by Best Bottle or through Best Bottle Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.

Unless you and Best Bottle agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Best Bottle Sites, Applications or Services, or any products sold or distributed by Best Bottle or through Best Bottle Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Portland, Oregon. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of these Terms by Best Bottle shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Best Bottle to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Notice constitute the sole and entire agreement between you and Best Bottle with respect to the Best Bottle Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

Modifications

Best Bottle reserves the right to make changes to these Terms at any time. If Best Bottle makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms page as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.

The date these Terms were last updated is set forth at the top of this page.

Contact Information

If you have questions or comments about these Terms or the Best Bottle Sites, Applications or Services, please contact us.

 

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