Wine Travel Card Terms & Conditions
updated December 26, 2021
WINE TRAVEL CARD
PURCHASE Terms and Conditions
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through Wine Travel Card (the "Program"). These Terms are subject to change by Wine Travel Card (referred to as "us", "we", or "our") without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on our website at WineTravelCard.com. You should review these Terms prior to purchasing any product or services that are available through this Program. Your continued use of this Program after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
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BY USING THE WINE TRAVEL CARD, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 21 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
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Prices and Payment Terms.
a) All prices, discounts, and promotions offered through the Program are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. We strive to display accurate price information on our website and printed materials, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b) We may offer from time to time promotions through the Program that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
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2. Returns and Refunds. All sales are final. We do not offer refunds on cards.​
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3. Non-Transferability. Cards may be purchased as gifts and given to another person, however once card has been used the first time, they may not be transferred or used by anyone else.
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4. Cards May be Voided if Altered. If a card or the usage / redemption data associated with a card is altered in any way, we reserve the right to void the card without notice
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5. Lost and Stolen Cards. Lost and stolen cards cannot be replaced. We recommend that you treat them as cash and ensure their safekeeping.
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6. Third-Party Materials. The Program may include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
​7. Offers Subject to Change. The Program may include offers, discounts and information about destinations that are subject to change at any time in the sole discretion of Wine Travel Card and / or the destinations, without notice. Inclusion of an offer and/or a destination does not guarantee availability of that offer or destination. Destinations reserve the right to refuse any offer listed in the app or on the website for any reason whatsoever and without notice.
8. ​Destination Rules. The destinations listed in the Program reserve the right to implement and enforce their own hours of operation and guest rules and regulations, which may change without notice. Users should contact the destinations directly to determine whether any such rules would affect your visit. Wine Travel Card is not responsible for destination rules and regulations.
9.Card Expiration. Unless otherwise specified, all cards expire on the last calendar day of the year printed on the card.
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10. Warranty and Disclaimers. We do not control any of the policies or offers presented by destinations included in our Program. The availability of products, services or offers through our Program does not indicate an affiliation with or endorsement of any destination. Accordingly, we do not provide any warranties with respect to the services offered through destinations that participate in our Program.
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ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS PROGRAM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
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11. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
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OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR PROGRAM.
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12. Cards Not for Resale or Export. You represent and warrant that you are buying the Wine Travel Card for your own personal or household use, or as a gift and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
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13. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.winetravelcard.com/privacy-terms, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Program.
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14. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
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15. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
16. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
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17. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Wine Travel Card
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18. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
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19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
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20. Entire Agreement. Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Program, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.