Terms and Conditions

 

Terms of Service and Conditions of Sale

Welcome to www.drinkavaline.com, the website for Avaline LTD. (“Avaline”). The terms “the Site,” “us” or “we” refer to Avaline. The terms “you,” “your” or “customer” refer to the user or viewer of this website.

General Terms and Conditions

Your access to and/or 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 on 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 creating an account with this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices that access the Site, 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.

This Site 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 those website(s). We have no responsibility for the content of the linked website(s).

ARBITRATION AND WAIVER OF CLASS ACTION. 

EXCEPT AS THESE TERMS AND CONDITIONS OTHERWISE PROVIDE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND AVALINE WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.

Arbitration. Arbitration uses a neutral arbitrator to resolve a dispute instead of a judge or jury. It results in a final and binding decision that is subject to limited appellate review. By agreeing to arbitration, you waive the right to resolve your dispute through other available processes such as court or an administrative proceeding. An arbitrator must honor the terms in this Terms and Conditions and can generally award the same damages and relief a court can award under the law, including declaratory or injunctive relief. Certain rights that you might have in court such as access to discovery, may be unavailable or limited in arbitration.

Any dispute, controversy or claim between you and Avaline, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Avaline”) arising out of or relating to these Terms, the Site or Services (collectively "Dispute") shall be settled by final and binding arbitration.

Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by these Terms and Conditions, and will be administered by the AAA. You can find the AAA Rules online at https://www.adr.org/consumer or you can call the AAA at 800-778-7879.

All Disputes shall be governed by the laws of the State of California, without regard to principles of conflict of laws. If there is a conflict between the AAA Rules and this arbitration clause, the arbitrator shall resolve such conflicts so as to preserve the parties' mutual obligation to arbitrate claims on an individual basis.

Process. You agree to first try to resolve the Dispute informally by contacting us in writing at Avaline, address below. If the Dispute is not resolved within 60 days of submission, you agree that you or Avaline may initiate arbitration.

Notwithstanding the foregoing, in lieu of arbitration:

(1) you or Avaline may assert a claim in small claims court in the United States if your claim qualifies, provided that it is brought and maintained solely as an individual claim; and

(2) you or Avaline may assert a claim in court to enjoin infringement or other misuse of intellectual property rights.

The arbitrator shall have sole authority to and shall address all claims or arguments by both parties, concerning the formation, legality, and enforceability of this arbitration clause, the scope of this arbitration clause, and the arbitrability of any claim or issue arising between you and Avaline.

To initiate the arbitration process, send a letter to the AAA and to Avaline at the address below, with a request for arbitration and a description of your claim. You may also send a copy to the AAA online at https://www.adr.org. The AAA's rules govern payment of all filing, administration, and arbitrator fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

Arbitration may be conducted at a location that is reasonably convenient for you. Upon request of either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules. The arbitrator will follow these Terms and Conditions and the award will be final and binding. At the conclusion of arbitration, the arbitrator shall issue a written decision explaining the basis for the award. Any awarded relief shall not exceed what is allowed by applicable law and the Terms and Conditions. The parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for an error of law or legal reasoning. The parties shall bear their own costs and fees for any appeal. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

You agree that this arbitration section shall apply to any dispute or claim with other parties arising out of or relating to the Terms and Conditions and the Site, including the determination of the scope or applicability of this section, regardless of the date of accrual, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.

Jury Trial and Class Action Waiver. IF FOR ANY REASON A DISPUTE OR CLAIM MAY PROCEED IN COURT RATHER THAN IN ARBITRATION, EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY), UNLESS SUCH WAIVERS ARE UNENFORCEABLE.

Except as these Terms and Conditions otherwise provide, you waive the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. You also agree that you may only resolve Disputes with Avaline on an individual basis and may not assert a claim as a plaintiff or a class member in a class action, class-wide arbitration, consolidated or representative action and expressly waive your right to file a class action or seek relief on a class basis.

The arbitrator may award declaratory or injunctive relief to you only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.

Other. If any portion of this ARBITRATION AND WAIVER OF CLASS ACTION clause is determined by a court to be inapplicable or invalid, the remainder of the clause shall still be given full force and effect.

To the extent that any other provision of these Terms and Conditions is found to be inconsistent with rights, duties, and requirements of this ARBITRATION AND WAIVER OF CLASS ACTION clause, or where the application of such a provision would change or render unenforceable any part of this arbitration clause, such provision shall be null and void and the terms of this ARBITRATION AND WAIVER OF CLASS ACTION clause shall control.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS AND CONDITIONS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.

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 or other commercial distribution or use. If you do not agree with these conditions of use, please do not use this Site or order alcohol from us. 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 legal 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 decide 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 UPS (where available) and our shipping prices include packaging materials. Insurance may be available for an additional charge. 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 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 wine(s) are ready to be shipped.  Please be aware that your order may be delayed until non-ideal weather and shipping events have passed in order 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 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 the buyer.  The applicable sales taxes shall be indicated at check out and applied at the time of sale. 

Wine Club 

If you enroll in our Wine Club, you will be required to provide a credit card for payment (“Billing Account”) and you understand and agree that we may retain that card account for future billings for auto delivery shipments without you having to authorize each delivery and charge until you notify us that you wish to cancel. We reserve the right to correct and update your information from available third-party sources.  YOU MUST PROMPTLY NOTIFY US IF YOUR BILLING ACCOUNT CHANGES OR IS COMPROMISED OR CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR EMAIL OR PASSWORD.  If the amount to be charged to your Billing Account varies from the initial order amount due to an increase in our prices or otherwise, we will notify you of the new price and date of the charge at least 2 days before the scheduled date of the transaction.

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, scraping, spidering, crawling, robots, or similar data gathering and extraction tools, all of which are strictly prohibited, and subject to criminal prosecution. 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 or create the impression of a relationship, endorsement by or association between you and Avaline. 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.

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, or at Avaline Ltd., Attn: Terms and Conditions, 440 N Barranca Ave, #4321, Covina, CA 91723. 

AVALINE is a registered trademark owned by Avaline LTD.