User Agreement
Welcome to the Internet sites of Gary’s Wine & Marketplace. These terms and conditions, together with our Privacy Policy, govern your use of and other online information services operated or provided by Gary’s Wine & Marketplace. By using these web sites and any emails or communications received from Gary’s Wine & Marketplace (collectively called the “Services”), you consent and agree to these terms and conditions.
PLEASE NOTE THAT YOUR USE OF THE GARY’S WINE & MARKETPLACE 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 GARY’S WINE & MARKETPLACE SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE GARY’S WINE & MARKETPLACE 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 GARY’S WINE & MARKETPLACEFROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE GARY’S WINE & MARKETPLACE SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
Shipping/Delivery
If you would like your wine delivered or shipped to you we will contract with a third party carrier on your behalf to ship; by requesting delivery of your order you authorize us to do so. You must be 21 years of age or older to purchase alcoholic beverages. Identification and signature required for delivery. We are not responsible for any breakage or damage of wine by the carrier and you are responsible for all insurance as well as shipping costs in accordance with our shipping policies. We make no representations as to your legal rights to ship or import wine from the state reside or into any other state; you are solely responsible for complying with all applicable laws, obtaining all necessary license or permits, and paying all tax or other amounts due.
User Obligations
You agree not to do any of the following while using the Gary’s Wine & Marketplace Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the Gary’s Wine & Marketplace Site or Gary’s Wine & Marketplace’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the Gary’s Wine & Marketplace Site except as permitted in writing by Gary’s Wine & Marketplace.
Copyright
The compilation (meaning the collection, arrangement and assembly) of all content on www.garyswine.com is the exclusive property of Gary’s Wine & Marketplace, and is protected by U.S. and international copyright laws.
Gary’s Wine & Marketplace and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, (“Content”) of the Services are copyright 2004 – 2018 by Gary’s Wine & Marketplace. Unless otherwise explicitly stated by Gary’s Wine & Marketplace, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Gary’s Wine & Marketplace.
Protection of Content Provided by Gary’s Wine & Marketplace and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the Gary’s Wine & Marketplace Site (“Site Content”) are copyrighted materials owned by or licensed to Gary’s Wine & Marketplace or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace, its affiliates, or third parties. “Gary’s Wine & Marketplace” is a trademark of Gary’s Wine & Marketplace. Unless authorized in writing by an officer of Gary’s Wine & Marketplace, Gary’s Wine & Marketplace’s trademarks may not be used in connection with any product or service that is not Gary’s Wine & Marketplace’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gary’s Wine & Marketplace. 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 Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace Site. Nothing contained in the Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace, 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 Gary’s Wine & Marketplace, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace’s Designated Agent the following information:
1. Gary’s Wine & Marketplace’s Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to Gary’s Wine & Marketplace’s designated agent as specified below. Please include the following information:
A signature of a person authorized
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.
Submit the information above to the following designated copyright agent: info@garyswine.com
This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.
Correspondence received and Communication
Gary’s Wine & Marketplace reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Gary’s Wine & Marketplace may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Gary’s Wine & Marketplace.
You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Gary’s Wine & Marketplace any information that (i) restricts or inhibits any other user from using or enjoying Gary’s Wine & Marketplace, (ii) in Gary’s Wine & Marketplace’ discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
Notices
Gary’s Wine & Marketplace will give you any necessary notices by posting them on the Gary’s Wine & Marketplace Site. You authorize Gary’s Wine & Marketplace to send notices via electronic mail as well if Gary’s Wine & Marketplace decides, in its sole discretion, to do so. You agree to check the Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace Site.
Disclaimer; No Warranty
Gary’s Wine & Marketplace makes no representations or warranties as to the accuracy of the Content. Gary’s Wine & Marketplace is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify Gary’s Wine & Marketplace of the error or omission; however, Gary’s Wine & Marketplace does not warrant that such error or omission will be corrected.
All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that Gary’s Wine & Marketplace has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.
ALTHOUGH GARY’S WINE & MARKETPLACE ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE GARY’S WINE & MARKETPLACE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE GARY’S WINE & MARKETPLACE SITE. GARY’S WINE & MARKETPLACE DOES NOT WARRANT THAT YOUR USE OF THE GARY’S WINE & MARKETPLACE SITE, OR THE OPERATION OR FUNCTION OF THE GARY’S WINE & MARKETPLACE 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 GARY’S WINE & MARKETPLACE 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. GARY’S WINE & MARKETPLACE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE GARY’S WINE & MARKETPLACE SITE. THE GARY’S WINE & MARKETPLACE 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 GARY’S WINE & MARKETPLACE 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 GARY’S WINE & MARKETPLACE SITE, THE USE OR PERFORMANCE OF THE GARY’S WINE & MARKETPLACE SITE, THE DELAY OR INABILITY TO USE THE GARY’S WINE & MARKETPLACE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GARY’S WINE & MARKETPLACE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GARY’S WINE & MARKETPLACE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GARY’S WINE & MARKETPLACE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GARY’S WINE & MARKETPLACE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GARY’S WINE & MARKETPLACE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS GARY’S WINE & MARKETPLACE’S LIABILITY OR YOUR REMEDIES.
You agree to indemnify, defend, and hold harmless Gary’s Wine & Marketplace and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the Services or any breach by you of these Terms and Conditions. Gary’s Wine & Marketplace reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Gary’s Wine & Marketplace.
Gary’s Wine & Marketplace shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Gary’s Wine & Marketplace does not warrant that the Services will be uninterrupted, error free, or virus free; nor does Gary’s Wine & Marketplace make any warranty as to the results to be obtained from use of the Services or their Content. The Services and their Content are distributed on an “as is, as available” basis. GARY’S WINE & MARKETPLACE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Gary’s Wine & Marketplace shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Gary’s Wine & Marketplace Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Gary’s Wine & Marketplace. Gary’s Wine & Marketplace neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Gary’s Wine & Marketplace Site by anyone other than authorized Gary’s Wine & Marketplace employees acting in their official capacities.
External sites
The Gary’s Wine & Marketplace Site may contain links to other web sites or resources. You acknowledge and agree that Gary’s Wine & Marketplace is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Gary’s Wine & Marketplace Site does not imply that Gary’s Wine & Marketplace endorses the linked site. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Gary’s Wine & Marketplace and its sites do not constitute an endorsement by Gary’s Wine & Marketplace of any third party products or services.
Modification
Gary’s Wine & Marketplace may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. Gary’s Wine & Marketplace reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.
Privacy Policy
Your use of the Gary’s Wine & Marketplace Site is governed by the Gary’s Wine & Marketplace Privacy Policy.
Force Majeure
Gary’s Wine & Marketplace shall be excused from performance under this Terms of Service if Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from Gary’s Wine & Marketplace, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace in writing. The Terms of Service, along with the Gary’s Wine & Marketplace Privacy Policy, comprises the entire agreement between you and Gary’s Wine & Marketplace 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 Gary’s Wine & Marketplace. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Gary’s Wine & Marketplace shall be null and void. These Terms of Service will inure to the benefit of Gary’s Wine & Marketplace’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. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.
Acceptance; Miscellaneous
Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Gary’s Wine & Marketplace. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Gary’s Wine & Marketplace with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced with one (1) year after the claim or cause of action arises.
Terms of Service for Gifting & Events (Bulk Orders, Corporate Gifting, Virtual Wine Tastings, Party, Wedding, Catering)
Events Created with Purchase Links
When agreeing to utilizing a Purchase Link through Gary’s, clients are responsible for selling enough products to hit a $2,000 minimum. Commission payments or donations to charities that are embedded within the bundle or product total are not counted toward the sale minimum.
A Gary’s employee will reach out to the client within 72 hours of the event date to provide an update of the current sales total for the event. If the minimum amount of $2,000 is not reached by the event date, the client will have one week to capture any additional sales or purchase the remaining amount directly on one order. If the minimum is not reached after one week, Gary’s will charge the client’s card on file in an amount equal to $2,000 minus the total sales (i.e., the amount required to reach the $2,000 minimum).
Recipient Add-ons
During the planning process, a Gary’s Wine & Marketplace Corporate Gifting & Events Coordinator will provide the client with an order deadline. All recipient information must be sent to Gary’s by the order deadline provided. If additional recipients are added after the order deadline, Gary’s will charge a $50 coordination fee per additional recipient, in addition to expedited shipping costs that can range up to $150 per shipment.
Delayed Orders
As Gary’s Wine & Marketplace relies on third party carriers for fulfillment, Gary’s is not responsible for refunding shipping costs or product costs for delayed packages provided they were shipped from the Gary’s location within an appropriate timeline.
Ground shipping: 7 business days prior to the event
2-Day or 3-Day Shipping: 4 business days days prior to the event
Overnight Shipping: 2 business days prior to the event
If the order was not able to be shipped within the above timelines due to a client delay, Gary’s Wine & Marketplace is not responsible for refunding the shipping costs or product costs for delayed packages.
If the delay in shipments was caused by Gary’s Wine & Marketplace and was not shipped within the appropriate time window, Gary’s Wine & Marketplace will refund the shipping costs for any late delivery.
Damaged Packages
If a package is damaged during transit by the carrier, Gary’s Wine & Marketplace will reship the package at no cost to the client. Photos of the damages or a change in FedEx tracking status to “Damaged” is required for a reship to occur. When a package is damaged, Gary’s Wine & Marketplace will not guarantee the delivery date for reshipped packages. Gary’s reserves the right to swap products in the package with comparable products depending on availability of the products in the original order.
Large Orders (events over $5,000, events with over 75 recipients)
For large orders, as defined above, the client is required to pay a 10% non-refundable deposit prior to placing the order. The Gary’s Wine order coordinator will provide the client with details of the deposit amount and payment details. The 10% deposit will be deducted from the order total at the time of the official order.
Events where Gary’s is bringing in a wine specifically for the event
If Gary’s purchases wine specifically for the event at the request of the client, and the client chooses to cancel, Gary’s requires a fee of 25% of the items purchased.
If you have any questions about these Terms of Service, please email us at info@garyswine.com.
