Terms of Service

WTSO Terms of Service

Thank you for your interest in Wine Marketing Group, LLC, d/b/a Wines ‘Til Sold Out (WTSO).  Your use of our website and mobile application is subject to these Terms of Service.  If you do not agree with any of the provisions in our Terms of Service, you may not access or otherwise use our website or mobile application or purchase products from us.  WTSO reserves the right to modify these Terms of Service at any time, and your continued use of our site after we provide you with notice of such modification will constitute your acceptance of any new or amended provisions.

Who May Access This Website and Purchase Products

WTSO markets alcoholic beverages on behalf of licensed wine retailers and wineries (our “Retailers”) only to persons who are over the age of 21 for personal consumption only.   By accepting these Terms of Service, you affirm that (a) you are over the age of 21, (b) that any wine you purchase through WTSO will be shipped to and signed for by a person over the age of 21, and (c) all purchases are for personal consumption and not for resale.

1.    Title, Ownership and Taxes. 

We are a licensed online retailer of alcoholic beverages in California. We work with hundreds of wineries and distributors and sell top wines through our online shop.  Except for orders going to permit states, title to and ownership of alcoholic beverages passes from us to you in California, and wines are delivered to you in California. California sales tax will be applied to these transactions, and wine will be stored on your behalf at our facility prior to fulfillment as further described in subsection (4) below. For orders going to states in which we are licensed, have a direct-to-consumer shipping permit, or where shipments are otherwise authorized, title to and ownership of products passes from us to you in accordance with applicable requirements, and sales and other applicable taxes may be applied based on the requirements of the destination state. 

2.    Fulfillment. 

For Orders being shipped to you in a Permit State, WTSO will ship the product. For all other states, you will be responsible for the shipping of your purchases and may choose to make shipping arrangements independently, or as an accommodation, you may request WTSO arrange shipping for you with a third party shipper.  If you elect to have your wine order fulfilled through a third-party shipper, you agree to allow us to provide information regarding your designated shipping destination to the third-party for fulfillment.  The shipper will pick up your order from our facility and ship it to you as requested. You will be responsible for all shipping costs unless shipping is included in the price of the wine. We will provide storage of your wines pending transfer to the third-party for fulfillment as described below in section 4. 

3.    Representations. 

We make no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. You warrant that you are solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to your chosen destination. By placing an order with us, you acknowledge that you are at least 21 years old, and that the person to whom products will be delivered is also at least 21 years old. The person receiving delivery will be required to show identification proving that he or she is at least 21 years old.

4.    Hold Policy

WTSO’s Retailers will hold any order upon request up to 6 months from the time of purchase in a temperature controlled warehouse. This option can be found on the checkout page by selecting a preferred date on the calendar.  WTSO does not allow future shipping requests on Fridays, Saturdays, or Sundays in order to minimize transit time.  If you ever need to expedite shipping before the original selected date please contact us immediately; notice is needed 48 hours in advance of the date you would like to ship. Our Hold Policy applies to both orders you may wish to have shipped independently or orders you request that WTSO arrange with a third party shipper on your behalf. Orders held over 6 months from date-of-purchase will be subject to a holding fee ($10/month/package). Any orders that are held over 6 months and cancelled may be subject to a $30 restocking fee.

5.    Estimated Delivery Time

Orders placed will typically be ready to ship from a climate-controlled facility within the next 2-3 business days.  Ground Service shipping may be picked up by the shipper only on Mondays through Thursdays.  2-Day shipping if requested, may only be picked by the shipper on Mondays through Wednesdays.

6.    Tracking an Order

Once your order has been completed and ready for the shipper to pick up, you will receive an email from WTSO confirming your order.  Once your order has been picked up and has shipped, you will receive an additional email which will include a tracking number for your convenience. 

7.    Containers

Products are packed in our “Shipper Approved” containers to ensure proper delivery. Our Retailers do everything possible to protect your products from temperature related damage (see “Hold Policy” above for additional delivery options).

8.    Signature Policy

You must be 21 years of age or older to purchase wine. All packages REQUIRE a signature by someone 21 years of age or older upon delivery. It is highly recommended that you provide us with a business shipping address for the best service. Customer comments on your order such as "Please leave on back porch" or "Leave at front door" unfortunately cannot be honored. Failure to comply with this policy will result in your wine being returned without refund of any shipping charges.

Returns

WTSO is committed to 100% Customer Satisfaction Guaranteed. If there are any problems with your shipment let us know immediately - we stand behind every bottle we you buy. Please contact Customer Service with the name of the wine, your order number, and quantity of bad bottles and our expert team will be more than happy to resolve the issue. WTSO cannot guarantee the condition of any wine if the wine is not received the first time the shipper attempts delivery. If there is no one home to sign for the package the wine may be held in the shipper's facility that is not temperature controlled.

Website Content

Where indicated, our website contains information and reviews from third parties, including but not limited to information from wineries, magazines, and other websites to provide you with as much information as possible about the wines we offer.  However, we are not responsible for and do not warrant the accuracy of the content, opinions, reviews or actions of third parties, and you agree to release and hold harmless WTSO and its Retailers, and each of their parents, directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any third-party content or any claim you have against any such third parties.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

eGift Cards

eGift Cards may be used to purchase products from WTSO only in conformity with these Terms of Service and WTSO’s Privacy Policy.  eGift Cards are not transferable, nor redeemable for cash and cannot be returned for a cash refund, except to the extent required by law; any unused balance will be placed on account for future purchases by holder.  eGift Cards do not expire.  We are not responsible if any eGift Card is lost, stolen, destroyed or used without your or the recipient’s permission.

Dispute Resolution; Arbitration Provision

IN THE EVENT OF ANY CLAIM OR DISPUTE BETWEEN YOU AND WTSO, ITS RETAILERS AND EACH OF ITS AFFILIATES, PARENTS, AND SUBSIDIARIES RELATED TO YOUR USE OF THIS WEBSITE, YOUR PURCHASE OF ANY GOODS OR SERVICES, OR ANY REPRESENTATIONS OR STATEMENTS BY WTSO or Its RETAILERS TO YOU, WHETHER ARISING BEFORE OR AFTER THE DATE OF THESE TERMS OF SERVICE, AND WHETHER SUCH CLAIM ARISES OUT OF STATUTE, CONTRACT OR TORT, THE CLAIM OR DISPUTE SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE REQUEST OF ANY PARTY UPON THE SERVICE OF THAT REQUEST ON THE OTHER PARTY/IES. FURTHER, ALL SUCH CLAIMS MAY BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT BY WAY OF CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.  SUCH DISPUTES INCLUDE WITHOUT LIMITATION DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION, WHICH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

The parties shall agree on a single Arbitrator to resolve the dispute. The matter may be arbitrated either by the Judicial Arbitration Mediation Service or American Arbitration Association as selected by the party filing the claim. The arbitration shall be conducted in New Jersey or in the same city as the U.S. District Court closest to your billing address at the option of the party requesting arbitration.  Any decision of the arbitrator shall be final and may be entered as a judgment in any court of competent jurisdiction.  Unless the law requires otherwise, the parties will equally share in the cost of arbitration and each party shall bear its own attorneys’ fees and costs. 

This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration and constitutes a waiver of your right to have your dispute resolved by a jury or in any other forum.  If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying WTSO in writing of your desire to opt out of this Arbitration Provision within thirty (30) days of the date of your agreement to WTSO’s Terms of Service, including this Arbitration Provision.  WTSO reserves the right to revoke the membership of any person opting out of this Arbitration Provision, and WTSO’s Retailers reserve the right to refuse to sell any products to any person opting out of this Arbitration Provision.

This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. If any portion of this Arbitration Provision, or the rules of the Judicial Arbitration Mediation Service or American Arbitration Association, are determined by the Arbitrator or by any court of competent jurisdiction to be unlawful, invalid or unenforceable, such portions shall be severed or modified so that this Arbitration Provision may be enforced to the greatest extent permissible under the law.

Termination of Membership

WTSO reserves the right to terminate your membership and your ability to purchase products through WTSO at our own discretion and without advance notice to you, subject to all applicable laws. 

Indemnification

You agree to defend, indemnify, release and hold harmless WTSO, its Retailers, and each of their parents, directors, officers, employees, and agents (the “Indemnitees”) from and against any loss (including attorneys’ fees), damage, injury, liability, demands and claims (the “Claims”) made by any third-party due to or arising out of your use of this website, or the purchase of any services or products, or any breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Limitation of Liability

YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THESE SERVICES ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN NO EVENT SHALL WTSO OR ITS RETAILERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF THIS WEBSITE, SERVICE OR PRODUCTS, OR FROM ANY LOSS OF DATA RESULTING FROM SUCH USE OR MISUSE.

Disclaimer of Warranties

THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION IS PROVIDED BY WTSO AND WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

Every effort is made to keep the website up and running smoothly. However, WTSO takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULL EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THE MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT ON THIS WEBSITE OR ANY PRODUCTS YOU MAY PURCHASE FROM US. 

Intellectual Property

This website contains material which is owned by or licensed to us, including but not limited to, the design, layout, look, appearance and graphics on the website. Reproduction of this material is prohibited without our prior written consent.  We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WTSO’s Copyright Agent the following information:                             

(1)  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2)  a description of the copyrighted work that you claim has been infringed;

(3)  a description of where the material that you claim is infringing is located on the WTSO website;

(4)  your address, telephone number, and email address;

(5)  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; and

(6)  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 (a “Copyright Infringement Notification”).

WTSO’s Copyright Agent for Copyright Infringement Notifications can be reached as follows:

By Email: [email protected]

By Fax: 856-320-4240

This website also contains trademarks, service marks and trade names which are owned by WTSO.  Unless authorized in writing, WTSO’s trademarks may not be used by you in any manner that is contrary to law, is likely to cause confusion among customers, or may disparage WTSO.   

Notices

WTSO will provide you with any notices required by these Terms of Service or by our Privacy Policy by posting them on our website.  You further authorize WTSO to send you such notices at our option via electronic mail.

Privacy Policy

Your use of the WTSO website and mobile application is also governed by our Privacy Policy.

Right to Refuse Orders

WTSO and its Retailers reserve the right to refuse or cancel any orders for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors, 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, we will issue a credit to your credit card account in the amount of the charge within in a reasonable amount of time.

Force Majeure; Changes in Law

In the event of a force majeure or other action outside of WTSO’s control or the control of its Retailers that prevents or delays performance of any act required of them, they shall be excused from such performance.  In addition, WTSO and its Retailers shall be excused from performance in the event of any change in law which prevents such performance or makes such performance impossible or unreasonably costly or difficult. 

Severability

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.

If you have any questions about these Terms of Service, please contact us.

The Terms of Service were updated 10/09/2024