Terms of Service

These Terms of Service govern your use of the website located at https://winefridgeenthusiast.com and any related services provided by Wine Fridge Enthusiast.

By accessing https://winefridgeenthusiast.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Wine Fridge Enthusiast.

We, Wine Fridge Enthusiast, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 5 April 2023.

Shopify Hosting

Our online store is hosted by Shopify Inc., a reputable e-commerce platform that enables us to offer our products and services to you. Shopify is responsible for storing your data, which is secured within its data storage facilities, databases, and the overarching Shopify application. Your information is safeguarded on a secure server protected by a firewall.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Wine Fridge Enthusiast provides;
5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any applicable laws or regulations;
7. use this website in conjunction with sending unauthorized advertising or spam;
8. use this website or its associated services while under the age of majority in your state;
9. harvest, collect, or gather user data without the user’s consent; or
10. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Wine Fridge Enthusiast and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Wine Fridge Enthusiast at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

Please note that we cannot be held liable for the conduct of our users. We strive to protect our platform with reasonable measures mainly designing various layers of verifications and high-quality filters, however, we cannot guarantee a perfect customer experience. We are not liable for any fraudulent users and their actions, any such users violate the hereby Terms of Service and will be permanently removed from our platform.

The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

Payments

When purchasing our products you are required to provide your financial information relevant to the chosen payment method, in some cases, you may be requested to provide your credit card details. We are not liable for failed delivery of physical goods that may arise from providing incorrect, incomplete or missing information needed to finalise the order.

Should you opt for a direct payment gateway to finalize your purchase, Shopify will store your credit card information. This data is encrypted in compliance with the Payment Card Industry Data Security Standard (PCI-DSS). Your transaction data will be retained only for the duration necessary to complete the purchase, after which it will be permanently deleted.

All direct payment gateways, including our store and its service providers, adhere to the standards established by PCI-DSS. These standards are managed by the PCI Security Standards Council, a collaborative effort involving major credit card brands such as Visa, Mastercard, American Express, and Discover. The PCI-DSS requirements ensure the secure handling of credit card information by our store and its associated service providers. For further information, we encourage you to review Shopify's Terms of Service and Privacy Policy.

Please be aware that the prices of our products may change without any prior notice. We constantly strive to provide the best possible prices to our customers, which may occasionally result in adjustments to reflect market conditions. Additionally, we reserve the right to modify, suspend, or discontinue our Service or any part of its content at our discretion and without prior notice. This may include the temporary or permanent removal of certain features, products, or services.

In the event of any modification, price change, suspension, or discontinuation of the Service, we shall not be held liable to you or any third party. Our responsibility is limited to providing the Service and its associated content, and we do not assume liability for any consequences arising from changes to our offerings. It is the responsibility of the user to stay informed about any modifications, price adjustments, or changes to the Service.

Accuracy of Billing and Account Information

We reserve the right to decline any order placed with us at our sole discretion. We may also impose limitations or cancellations on quantities purchased per person, per household, or per order, as deemed necessary. These restrictions may apply to orders placed under the same customer account, using the same credit card, or sharing the same billing and/or shipping address. In the event of any changes or cancellations to an order, we will make an effort to notify you by contacting the email address and/or billing address/phone number provided when the order was placed. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

By using our store, you agree to provide accurate, complete, and up-to-date purchase and account information for all transactions. You also agree to promptly update your account and other relevant information, including your email address, credit card numbers, and expiration dates, so that we can process your transactions and contact you as required. Failure to provide accurate and up-to-date information may result in the cancellation of your order or inability to use our Service.

Disclaimer and Limitations of Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Wine Fridge Enthusiast makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Wine Fridge Enthusiast or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Wine Fridge Enthusiast or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Wine Fridge Enthusiast makes no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

Wine Fridge Enthusiast does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

In no event will Wine Fridge Enthusiast or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Please note that we will not be held liable in the event of an accidental data breach, or intentional abuse by a third party.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Wine Fridge Enthusiast does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on our website. We have the right to change the information on our website without prior notice and users are responsible to monitor said changes. Any historical information present on our website is provided for reference only.

Additional Tools

Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Wine Fridge Enthusiast has the right to offer new third-party tools in the future.

Links

Wine Fridge Enthusiast has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Wine Fridge Enthusiast of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

Please note that any content available on our website may contain typographical errors, inaccuracies or mistakes related to the service's description, pricing, promotion, and availability. We have the right to cancel or update any existing orders should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the United States. You irrevocably submit to the exclusive jurisdiction of the courts in that location.