Terms and Conditions

Terms of Service and Conditions of Sale

Welcome to www.drinkavaline.com, the website for Avaline LTD. (“Avaline”). The terms “Avaline,” “Avaline LTD.,” “drinkavaline,” “the Site,” “us” or “we” refer to the owner of this Site (as defined below) and our Social Media Sites. The terms “you,” “your” or “customer” refer to the user or viewer of this website.

General Terms and Conditions

Your use of the www.drinkavaline.com (the “Site”) is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”).  These Terms and Conditions also apply to your use of our mobile apps and our official social media channels, including without limitation to Facebook, Twitter, Instagram, and LinkedIn (“Social Media Sites”), to the extent permitted by the social media platform’s terms of use. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Site or any information or materials contained on this Site. Your use of the Site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated by Avaline at any time and from time to time with or without notice to you. Your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.

By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Avaline reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

The content of the pages of this Site is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular 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. 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. You agree that Avaline and its licensors may make improvements and/or changes in the website content and services or events described in this website, 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 Site may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions 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 Avaline to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Avaline in writing. The Terms and Conditions, along with the Avaline Privacy Policy available here, comprises the entire agreement between you and Avaline and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of Avaline. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Avaline shall be null and void. These Terms and Conditions will inure to the benefit of Avaline, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions and the Privacy Policy. You agree to submit to the jurisdiction of the courts located in Los Angeles County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions, the Privacy Policy and/or your use of the Site.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Avaline’s trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of Avaline in the U.S. and/or other countries. Avaline’s trademarks and trade dress may not be used in connection with any product or service that is not Avaline’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Avaline. All other trademarks not owned by Avaline that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Avaline.  All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. From time to time, this Site 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).

The Sale of Alcoholic Beverages

Legal Requirements

Avaline does not sell alcohol to persons under the age of 21 and 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 affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from Avaline is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from Avaline 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, Avaline shall have the right to take action against you or seek indemnification from you for any suit to which Avaline may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Avaline 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.

Credit Card Charges

Orders are by credit card only. We accept Visa, MasterCard, and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. The billing address will be the address where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information at the time of your order.

Errors and Omissions

Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, Avaline shall be held harmless for any such errors. In all cases, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible).

Sales and Shipping

All orders are processed at, and shipped from, Avaline. We ship by ground and air using FedEx and GSO (where available) and our shipping prices include packaging materials. Insurance may be available for an additional charge. Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. Avaline is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment.

Please note that current laws prohibit Avaline from shipping wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. If a buyer lives in a state where the direct shipment of wine by Avaline may violate the law, we will contact the buyer to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.

Avaline will notify you by email when your wines are ready to be shipped.  Please be aware that your order may be delayed until ideal weather and shipping conditions arise to protect your wines. An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult (21 years of age or older) will be present and available to sign for your shipment. Avaline will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.

Please contact us at hello@drinkavaline.com with any questions or concerns you may have regarding our shipping policies.

Sales Tax

All wine sold on the Site shall be subject to state and local sales taxes which are applicable based on the delivery address provided by buyer.  The applicable sales taxes shall be indicated at check out and applied at the time of sale. 

License and Site Access

Avaline grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Avaline. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Avaline. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Avaline without express written consent. You may not use any meta tags or any other "hidden text" utilizing Avaline’s name or trademarks without the express written consent of Avaline. Any unauthorized use terminates the permission or license granted by Avaline. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Avaline so long as the link does not portray Avaline, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Avaline logo or other proprietary graphic or trademark as part of the link without express written permission.

Social Media Rules

Avaline enjoys engaging with our customers via our Social Media Sites, but you must adhere to the below rules whenever you post on Avaline’s Social Media Sites. You must be 21 or over to visit or post on Avaline’s Social Media Sites and any communications regarding Avaline products must not encourage or depict excessive consumption, underage drinking or misuse of our alcohol products. Avaline reserves the right (but not the obligation) to remove any posts or content for any reason, including those that violate the below rules or that Avaline deems offensive, inappropriate or unacceptable in its sole discretion, but we do not regularly review posted content. Avaline takes no responsibility for any content posted by you or any third party.

1. Respect Others. Do not post any content that is derogatory, disparaging, promotes bigotry, is abusive or threatening, vulgar or obscene. Treat others fairly and with respect. Nudity and sexually explicit content is not permitted.
2. Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
3. Don’t Infringe. Do not use images or other items unless you have the right to – this means, don’t post photos, images, logos, songs, text or other content that you don’t own or have the right to use.
4. Respect Privacy. Do not post or solicit anyone’s name, phone number, address, email address or other personal information. Don’t spam or transmit junk mail.
5. 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21.

Finally, you must also abide by the terms of use of the social media platform. 

 

Mobile Terms of Service

The AVALINE mobile message service (the "Service") is operated by AVALINE (“AVALINE”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to AVALINE’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of AVALINE through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with AVALINE. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18445312565 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other AVALINE mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18445312565 or email hello@drinkavaline.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. Last updated: March 17, 2022

Disclaimer of Warranties

ALTHOUGH AVALINE ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE. AVALINE DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE 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 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 SITE. AVALINE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE. THE 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 AVALINE 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 SITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AVALINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Drink Responsibly 

Avaline does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.   

By using this website, you agree to be bound by the Terms and Conditions above. If you have any questions about these Terms and Conditions, please contact us at hello@drinkavaline.com. 

AVALINE is a registered trademark owned by Avaline LLC.