Terms & Conditions
Welcome to https://members.burgdirect.com the website for BurgDirect. The terms “BurgDirect,” “https://members.burgdirect.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
Last Updated: May 25, 2018
GENERAL TERMS AND CONDITIONS
The content of this website 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 found or offered on this website for any particular purpose. You acknowledge that this information 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 on this website is entirely at your own risk, for which we are not liable. It is your responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that BurgDirect and its licensors may make improvements and changes to this website and the services described in this website 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 our website 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 that provision will 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 our company to enforce any right in these Terms and Conditions shall not constitute a waiver of that right unless acknowledged and agreed to by our company in writing. These Terms and Conditions, as defined above, comprise the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between us regarding the subject matter of our agreement. 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 our company. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of our company is null and void. These Terms and Conditions will inure to the benefit of our company’s successors, assigns, and licensors and are binding on you, and your successors, assigns, heirs and licensees. 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 website and any dispute between you and BurgDirect arising out of your use of the website 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. You agree to submit to the jurisdiction of the federal or state courts located in the City and County San Francisco, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of this website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, a portion of the design, layout, look, appearance and graphics. Reproduction of this website is prohibited, other than in accordance with the copyright notice, which forms a part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, BurgDirect are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. 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).
THE SALE OF ALCOHOLIC BEVERAGES
Our wineries do not sell, and we do not arrange for the sale of, alcohol to persons under the age of 21 and we make 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 through this website 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. If you do not agree with these conditions of use, 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, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify 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.
Your Purchases Are For Personal Consumption Only
You agree that any alcohol that you purchase as the result of an offer from a participating winery is intended for personal consumption and not for resale. Only individuals, and not businesses, may enroll. By enrolling on our website you are telling us that you are an individual, who is purchasing the wine for individual consumption, and that you will not re-sell the wine to any distributor, retailer, hotel, restaurant, or other business. If we find out that you are not an individual, or that you are reselling the wine to any distributor, retailer, hotel, restaurant or other business, we will terminate your enrollment, while reserving the right to initiate civil and criminal proceedings against you.
Enrollment and Benefits of Enrollment
There is no fee to enroll with BurgDirect or to remain on our mailing list. However, we reserve the right to establish or modify the rules governing our mailing lists and any waitlists. The benefits for mailing list and waitlist members may not be the same for all enrollees and, in the sole discretion of BurgDirect and its participating wineries, some special promotional offers, benefits and communications may be made to select members of the mailing list or waitlist based upon geographic location, mailing list participation, information supplied by the member, the volume or type of purchases made by a member, or for any other reason.
To ensure that you keep getting offers and emails from us, you should take steps to maintain a current email address with BurgDirect. If a winery makes you an offer to an old email address and you don’t respond in time to the offer, you could be removed from the mailing list or any waitlist.
One Enrollment Per Family
There is only one enrollment per family. Identical names or addresses will be combined into a single enrollment. There is no sharing or transfer of benefits from enrollment; benefits are personal to the enrollee.
Cancellation of Your Enrollment
You may cancel your enrollment at any time or you may cancel your enrollment by failing to accept an offer. No cancellations are allowed, however, for any wine ordered but not yet delivered. Cancellation must be sent to email@example.com. You must include your name, address, and email address in order for the cancellation to become effective.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, Discover 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.
Transfer of Title and Ownership to Your Wine
Ownership of the wine transfers in France directly from the winery to you. BurgDirect does not take title to, or ownership of, the wine at any time.
Enrollment with BurgDirect is void where prohibited. By enrolling, you represent that your enrollment and your receipt and use of our services do not and will not violate any applicable laws or regulations. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. BurgDirect has the right to terminate or suspend its services, or your enrollment on the mailing list or the waitlist, at any time and for any reason whatsoever, in its sole discretion.
BurgDirect does not charge any local or state sales taxes on your wine. We do, however, charge you the cost of all legalities of importation, including customs duties. You are solely responsible for determining the legality and tax consequences of having wine shipped to you in your state and local jurisdiction including without limitation the computation and payment of all applicable taxes. Information on BurgDirect’s website regarding the jurisdictions to which shipments of wine may legally be made is for informational purposes only. BurgDirect does not represent or warrant the accuracy of this information and you acknowledge that this information is subject to change at any time.
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, we shall be held harmless for any such errors.
Disclaimer of Warranties
ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON OUR WEBSITE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS WEBSITE. WE DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE, OR THE OPERATION OR FUNCTION OF THIS WEBSITE, 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 THIS WEBSITE 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. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS WEBSITE. THIS WEBSITE 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 WE AND/OR OUR 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 THIS WEBSITE, THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.