Gary's Plus Terms

Last updated January 1, 2023

Gary’s Plus Membership Programs

Welcome to the Terms and Conditions (“Terms”) for the Gary’s Plus Shipping and Gary’s Plus Local Delivery membership programs (“Gary’s Plus Memberships”). These Terms are between you and Gary’s Wine & Marketplace, and/or its affiliates (“garyswine.com”), and govern our respective rights and obligations. The Terms, together with the applicable terms and conditions related to any promotional offers provided to you for use with Gary’s Plus Memberships, constitute the entire agreement between you and garyswine.com related to Gary’s Plus Memberships. Please note that your use of the garyswine.com website, mobile application, and Gary’s Plus Memberships are also governed by our Terms of Service and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the garyswine.com website, all of which (as changed over time) are incorporated into these Terms. If you register for a Gary’s Plus Membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

Program Benefits

Gary’s Plus Shipping Members are entitled to free standard shipping on all eligible purchases. Gary’s Plus Local Delivery Member are entitled to free local delivery on all eligible purchases. Local delivery zones can be found here. Gary’s Plus Members are also entitled to 15% off purchases that contain 6 or more Gary’s Direct Wines for purchases made online. This promotion does not apply for in-store purchases. This promotion cannot be combined with other promotions.

Eligible Purchases

Free standard shipping is limited to products sold by Gary’s Wine & Marketplace on www.garyswine.com or the Gary’s Wine & Marketplace mobile application that are shipped to continental United States addresses, excluding U.S. territories, possessions and protectorates. We may exclude products in our discretion. Standard shipping is not available in Alaska or Hawaii, 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. For Hawaii & Alaska addresses, an additional charge will be added to your transaction after the purchase in an amount covering the difference between expedited shipping and standard shipping costs. The 15% discount on 6 or more Gary’s Direct products applies automatically at checkout.

Guests with the Gary’s Plus membership are restricted from shipping alcohol to the following states: AL, AR, IL, KY, MI, MS, TX, and UT.

Conditions

You must have a garyswine.com account to register for and use Gary’s Plus Memberships. We reserve the right to accept or refuse membership in our discretion. You may not transfer or assign your Gary’s Plus Membership or any Gary’s Plus Membership benefits, including promotion codes for Gary’s Plus Membership memberships or benefits, except as allowed in these terms. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Gary’s Plus Membership 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 Gary’s Wine & Marketplace account that purchased the Gary’s Plus Membership program. Code cannot be used on any other Gary’s Wine & Marketplace account. In cases of extreme weather where only expedited shipping is available, you will receive a credit for the cost of standard shipping. Gary’s Plus Memberships 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. Your Gary’s Plus Membership does not apply to orders placed through our Corporate Sales team. Gary’s Plus Members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Gary’s Plus Membership benefits. From time to time, Gary’s Wine & Marketplace may choose in its sole discretion to add or remove Gary’s Plus Membership benefits.

Agreement Changes

Gary’s Wine & Marketplace may in its discretion change and update these Terms, Gary’s Wine & Marketplace’s general Terms of Service and Privacy Policy, or any aspect of the Gary’s Plus 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, garyswine.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 garyswine.com 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 GARYSWINE.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 Garyswine.com

Garyswine.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 Garyswine.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. Garyswine.com’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN WINE.COM’S TERMS OF SERVICE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO STEWARDSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Fees; Renewal

The annual membership fee for Gary’s Plus Shipping Membership is $74.99, and the annual membership fee for a Gary’s Plus Delivery Membership is $19.99. This fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee and the reduced shipping charges for Gary’s Direct Memberships and you are responsible to pay all such taxes. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE ANNUAL MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU, AND TO CHARGE ANY CREDIT CARD THAT WE HAVE ON FILE FOR YOU ONE OR MORE TIMES, FOR FULL OR PARTIAL AMOUNTS, AS REASONABLY NECESSARY FOR US TO COLLECT THE PAYMENTS DUE FROM YOU.

Membership Cancellation

If you cancel your membership before you have made any eligible purchases, we will refund your full membership fee.

Promotional Trial Memberships

We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships cannot be canceled, but trial members can at any time choose not to upgrade to regular annual membership at the end of the trial period.