Terms Of Service, EFFECTIVE AS OF March 12, 2020

Welcome to the Dukes Wine’s Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at dukeswines.com. “Service” refers to the Company’s services accessed via the Site. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

PLEASE NOTE THAT YOUR USE OF THE DUKESWINES.COM SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS DUKESWINES.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE DUKESWINES.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY DUKESWINES.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE DUKESWINES.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

User Obligations

You agree not to do any of the following while using the dukeswines.com Site:

  • Intentionally or unintentionally violate any applicable law or regulation.

  • Access, tamper with, or use nonpublic areas of the dukeswines.com Site or dukeswines.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

  • You will not access the dukeswines.com Site with any manual or automated process for any purpose other than to purchase dukeswines.com products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the dukeswines.com Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.

  • Frame or link to the dukeswines.com Site except as permitted in writing by dukeswines.com.

The Sale Of Alcoholic Beverages

dukeswines.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. dukeswines.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from dukeswines.com is over the age of 21. You also agree that any alcohol purchased from dukeswines.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 dukeswines.com will prosecute you fully to the extent allowable by law.

Title And Ownership

Title to, and ownership of, all wine passes from dukeswines.com to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, dukeswines.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from dukeswines.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Third Party Content And Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this dukeswines.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of dukeswines.com. dukeswines.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this dukeswines.com Site by anyone other than authorized dukeswines.com employees acting in their official capacities.

Parental Control Protections

As required by the Communications Decency Act of 1996, dukeswines.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. dukeswines.com does not sponsor or endorse any of these companies or their services.

Links

The dukeswines.com Site may contain links to other websites or resources. You acknowledge and agree that dukeswines.com is not responsible or liable for (1) the availability or accuracy of such websites or resources; or (2) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the dukeswines.com Site does not imply that dukeswines.com endorses the linked site.

Returns

CANCELLATIONS ONLY

California state law prohibits the return of alcohol beyond the point of sale and transfer of possession. To comply with these laws, we will only allow refunds for orders of wine before the wine transfers ownership from dukeswines.com to the purchaser. For more information regarding our understanding of ownership, refer to our section on “Title and Ownership.” 

To cancel your wine order, please contact us at contact@dukeswines.com.

Damaged In Shipment

If you receive your wine and it has been damaged during shipment, please email us at contact@dukeswines.com within 3 days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at contact@dukeswines.com.

dukeswines.com Stewardship

Welcome to the terms and conditions ("Terms") for Steward-Ship. These Terms are between you and dukeswines.com, Inc., and/or its affiliates ("dukeswines.com" or "Us"), and govern our respective rights and obligations. The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with Steward-Ship, constitute the entire agreement between you and dukeswines.com related to the Steward-Ship shipping membership program. Please note that your use of the dukeswines.com website and Steward-Ship membership are also governed by our Terms of Service and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the dukeswines.com website, all of which (as changed over time) are incorporated into these Terms. If you register for membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

Agreement Changes: dukeswines.com may in its discretion change and update these Terms, dukeswines.com's general Terms of Service and Privacy Policy, or any aspect of Steward-Ship membership, without prior notice to you. However, any increase in the membership fee will not apply until your membership is renewed. If you cancel your membership before the effective date of these changes, dukeswines.com will give you a prorated refund of your membership fee based on the number of full months remaining in your membership period. This refund option does not apply to any other changes we may make. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER DUKESWINES.COM CHANGES THESE TERMS, TERMS OF SERVICE, PRIVACY POLICY, OR MEMBERSHIP CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination by dukeswines.com: dukeswines.com may terminate your membership at its discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that dukeswines.com determines, in its discretion, violates these Terms or any applicable law, involves fraud or misuse of this membership program, or is harmful to our interests or another user. dukeswines.com’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.

Program Benefits: Steward-Ship members are entitled to free standard shipping on all eligible purchases.

Eligible Purchases: This program is limited to products sold by dukeswines.com on www.dukeswines.com that are shipped to continental United States addresses, excluding U.S. territories, possessions and protectorates. We may exclude products in our discretion.

Conditions: You must have a dukeswines.com account to register for and use Steward-Ship. We reserve the right to accept or refuse membership at our discretion. You may not transfer or assign your membership or these benefits. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Steward-Ship eligibility. Please note:

  • We may ship the products by ground or air at our discretion (these options do not correspond to any carrier-branded shipping services);

  • Our carriers usually do not pick-up or deliver packages on weekends or holidays;

  • Promo code is valid only on orders placed from the dukeswines.com account that purchased the Steward-Ship program. Code cannot be used on any other dukeswines.com account.

  • In cases of extreme weather where only expedited shipping is available, you will receive a credit for the cost of standard shipping.

  • Promo code is not valid toward shipping on wine club memberships and other select products.

  • Steward-Ship cannot be given as a gift because it is tied to the account of the person purchasing it. Instead, we recommend a gift certificate.

  • Evening, date-specific and by appointment shipments will receive a credit for the cost of standard shipping.

  • We may exclude products with special shipping characteristics at our discretion.

  • We reserve the right to accept or refuse membership in our discretion.

  • You may not transfer or assign your Stewardship membership or any Stewardship benefits, including promotion codes for Stewardship memberships or benefits, except as allowed in these terms.

  • Your dukeswines.com StewardShip membership does not apply to orders placed through our Corporate Sales team.

  • Stewardship members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Stewardship benefits.

  • When shipping to Alaska or Hawaii, standard shipping is not available so your order will be sent using an expedited method. You will be credited for standard shipping and charged an additional amount necessary to upgrade to expedited shipping. The shopping cart will indicate the shipping method and total charge on the final review page.

  • From time to time, dukeswines.com may choose in its sole discretion to add or remove Stewardship membership benefits.

PROTECTION OF CONTENT PROVIDED BY dukeswines.com AND ITS LICENSORS

All text, prices, graphics, logos, icons, images, audio clips and software on the dukeswines.com Site ("Site Content") are copyrighted materials owned by or licensed to dukeswines.com. The Site Content may contain trademarks, service marks and trade names which are owned by dukeswines.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by dukeswines.com, its affiliates, or third parties. "dukeswines.com" is a trademark of dukeswines.com. Unless authorized in writing by an officer of dukeswines.com, dukeswines.com's trademarks may not be used in connection with any product or service that is not dukeswines.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits dukeswines.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of dukeswines.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the dukeswines.com Site. Nothing contained in the dukeswines.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of dukeswines.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to dukeswines.com, its affiliates, and/or any third party, as applicable.

COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT

dukeswines.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide dukeswines.com's Designated Agent the following information:

  • dukeswines.com's Policy Concerning Claims of Infringement 

  • Written Notice of Copyright Claims. 

Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to dukeswines.com's designated agent as specified below. Please include the following information:

  • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the site;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices

dukeswines.com will give you any necessary notices by posting them on the dukeswines.com Site. You authorize dukeswines.com to send notices via electronic mail as well if dukeswines.com decides, in its sole discretion, to do so. You agree to check the dukeswines.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the dukeswines.com Site.

Disclaimer Of Warranties

ALTHOUGH DUKESWINES.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE DUKESWINES.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE DUKESWINES.COM SITE. DUKESWINES.COM DOES NOT WARRANT THAT YOUR USE OF THE DUKESWINES.COM SITE, OR THE OPERATION OR FUNCTION OF THE DUKESWINES.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE DUKESWINES.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. DUKESWINES.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE DUKESWINES.COM SITE. THE DUKESWINES.COM SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation Of Liability

IN NO EVENT SHALL DUKESWINES.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DUKESWINES.COM SITE, THE USE OR PERFORMANCE OF THE DUKESWINES.COM SITE, THE DELAY OR INABILITY TO USE THE DUKESWINES.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DUKESWINES.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DUKESWINES.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DUKESWINES.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DUKESWINES.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DUKESWINES.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS DUKESWINES.COM'S LIABILITY OR YOUR REMEDIES.

Privacy Policy

Your use of the dukeswines.com Site is governed by the dukeswines.com Privacy Policy available at dukeswines.com/privacy-policy.

Termination Of Your dukeswines.com Account

dukeswines.com may terminate your dukeswines.com Account with or without cause at any time effective immediately. If we terminate your Account without cause, we will refund on a prorated basis any portion of your Membership fee that you prepaid in advance for the remaining portion of your then-current Membership term.

No Responsibility To Sell Mispriced Products Or Services

dukeswines.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. dukeswines.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, dukeswines.com shall immediately issue a credit to your credit card account in the amount of the charge.

MODIFICATIONS TO PRICES OR BILLING TERMS

DUKESWINES.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Force Majeure

dukeswines.com shall be excused from performance under this Terms of Service if dukeswines.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of dukeswines.com.

Survival

The following provisions shall survive any termination of these Terms of Service: No Warranty from dukeswines.com, Limitation of Liability, Indemnity and General Provisions.

General Provisions

You agree that dukeswines.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the dukeswines.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of dukeswines.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by dukeswines.com in writing. The Terms of Service, along with the dukeswines.com Privacy Policy, comprises the entire agreement between you and dukeswines.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of dukeswines.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of dukeswines.com shall be null and void. These Terms of Service will inure to the benefit of dukeswines.com's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

Disputes

Any dispute or claim relating in any way to your use of any dukeswines.com Service, or to any products or services sold or distributed by dukeswines.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply 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 the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to legal@dukeswines.com. 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 www.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. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, dukeswines.com will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using any dukeswines.com Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, 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 dukeswines.com.

If you have any questions about these Terms of Service, please contact us at contact@dukeswines.com.

The Terms of Service were updated March 12, 2020.